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Collection Agency Rules Saskatchewan

The Collection Agents Act

The first step is to try to resolve the complaint with the business directly. If this fails, talk with one of the staff at the Consumer Protection Division toll free at 1-877-880-5550 or, in Regina at 306-787-5550. If the staff recommends that you file a formal complaint, you may use the printable form below.

Please ensure that the entire form is completed and that you include with the form all supporting documentation. You may forward your complaint by fax to 306-787-9779 or mail to:

Consumer Protection Division
Suite 500, 1919 Saskatchewan Dr.
Regina, SK S4P 4H2
e-mail:
consumerprotection@gov.sk.ca
Email inquiries will be responded to via email. If the sender does not wish a reply in this fashion, please indicate such in your message.



Collection agency saskatchawan complaint form


The Collection Agents Act
controls the practices of collection agents and collectors and requires them to be licensed and bonded. An agency that practises prohibited methods of debt collection can have its licence suspended or canceled, and may have its bond forfeited to pay the people who suffered a loss.

 

The Act also controls the methods used by collection agents and collectors to collect debts. They cannot:

  • collect or try to collect more than is owed;
  • demand payment without giving the name of the creditor, the balance owed and the identity and authority of the person making the demand;
  • harass the debtor, his or her family and household;
  • call before 8 a.m. or after 9 p.m. or on Sundays or holidays;
  • telephone with reversed charges;
  • give any person false or misleading information that may be detrimental to a debtor or a debtor's family;
  • contact a debtor's spouse, relatives, neighbours or friends unless the person contacted has guaranteed to pay the debt and is being contacted in respect of that guarantee;
  • contact a debtor's employer, except to verify the debtor's employment or in respect of payments under a wage assignment or a court order; or
    send the debtor documents that appear to be court documents.
 

24 hour mortgage approval - no credit, no job no problem - equity based funding in 48 hours!


   

3

c. C-15

COLLECTION AGENTS

CHAPTER C-15

An Act respecting Collection Agents

SHORT TITLE

Short title

1

This Act may be cited as

The Collection Agents Act

.

 

INTERPRETATION

Interpretation

2

In this Act:

(a)

“authorized official”

means a person who is authorized to act as the

representative of a collection agent and is named in the licence of the

collection agent;

(b)

“collection agent”

means a person other than a collector who:

(i) collects debts for others;

(ii) offers or undertakes to collect debts for others;

(iii) solicits accounts for collection;

(iv) collects

debts owed to him under a name which differs from that

under which he is the creditor;

(v) mails to debtors or offers or undertakes to mail to debtors, on behalf

of a creditor collection letters;

(vi) for a fee

or other consideration or hope or promise thereof, enters

into an arrangement under the terms of which he agrees or undertakes

to pay to a vendor any amount in respect of goods or services sold or

supplied by the vendor to a person other than the collection agent;

(vii) offers or undertakes to act for a debtor in arrangements or

negotiations with his creditors; or

(viii) receives money periodically from a debtor for distribution to his

creditors;

and includes a person who takes an assignment of a debt or debts due at the

date of assignment from a specified debtor or debtors;

(c)

“collector”

means a person who on behalf of a collection agent:

(i) does anything referred to in the definition of collection agent; or

(ii) sells or offers for sale any of the services of a collection agent.

5

c. C-15

COLLECTION AGENTS

(b) two copies of each form or form letter that the collection agent uses or

proposes to use in making demands for the collection of debts; and

(c) a bond of a guarantee company licensed under

The Saskatchewan

Insurance Act

.

(4) The agreement referred to in subsection (3) shall set out particulars of the fees

charged or proposed to be charged by the collection agent.

R.S.S. 1978, c.C-15, s.6.

Address for service

7

(1) Every applicant for a licence shall state in the application an address for

service in Saskatchewan, and any notice under this Act or the regulations shall for

all purposes be sufficiently served if delivered or sent by registered mail to that

address or to the address for service stated or shown in a notice given pursuant to

subsection (2).

(2) Every licensee shall notify the registrar in writing of any change in his

address for service.

R.S.S. 1978, c.C-15, s.7.

Licensing of firm or partnership

8

(1) In this section, the word

“firm”

means:

(a) a person who is a sole proprietor of a business and who uses as his

business name a name other than his own or uses his own name with the

addition of some other word or phrase; or

(b) persons who are associated as partners in a business;

and the name in which the firm carries on its business is called the firm name.

(2) A firm may apply for and obtain a licence as a collection agent in the firm

name; and no firm shall carry on business as a collection agent under a name other

than the name shown in its licence.

(3) Every firm shall, in its application for a licence, state the firm name and if a

sole proprietor, the name of the sole proprietor or, if a partnership, the names of the

partners, and designate one partner as the authorized official of the firm.

(4) The licence, if granted to the firm, shall be deemed to be issued in the name of

the sole proprietor, or in the names of the partners, as the person or persons

carrying on business in the firm name, and the licence shall indicate thereon the

authorized official who, in the case of a sole proprietorship, shall be the sole

proprietor and, in the case of a partnership, the partner designated in the

application for the purpose.

(5) Upon the granting of a licence to the firm, the authorized official thereof may

act as a collector on behalf of the firm without a licence but no other person shall so

act unless he is licensed as a collector.

7

c. C-15

COLLECTION AGENTS

Granting or refusing a licence

14

The registrar may grant a licence where, in his opinion, the applicant is

suitable to be licensed and the proposed licensing is not for any reason objectionable;

but the registrar may refuse to grant a licence if after investigation he is for any

reason of the opinion that the applicant should not be granted a licence.

R.S.S. 1978, c.C-15, s.14.

Licence may be subject to terms and conditions

15

(1) The registrar:

(a) may grant a licence; or

(b) may, where a licence is already granted, by notice to the licensee make

the licence;

subject to such terms, conditions and restrictions as he considers necessary.

(2) Where a licence has been granted, the registrar by notice to the licensee, may

attach terms, conditions and restrictions, or may vary, add to or revoke the terms,

conditions and restrictions, to which the licence shall be subject.

(3) Every licensee shall comply with the terms, conditions and restrictions to

which his licence is subject.

R.S.S. 1978, c.C-15, s.15.

Expiry date of licence

16

Unless previously cancelled, every licence expires five years from the day on

which it was issued.

R.S.S. 1978 (Supp), c.6, s.2.

Suspension or cancellation of licence

17

(1) The registrar may suspend or cancel a licence upon any ground on which he

might have refused to grant the licence or where he is satisfied that the licensee:

(a) has violated any provision of this Act or has failed to comply with any of

the terms, conditions or restrictions to which his licence is subject;

(b) has made a material mis-statement in the application for his licence or in

any of the information or material submitted by him to the registrar pursuant

to section 19;

(c) is guilty of misrepresentation, fraud, or dishonesty; or

(d) has demonstrated his incompetency, unfitness, or untrustworthiness to

carry on the business in respect of which his licence was granted.

(2) Where a bond filed under this Act is terminated, the licence of the collection

agent shall automatically be suspended and shall remain so suspended until the

collection agent files with the registrar a new bond in the amount and form

required.

8

c. C-15

COLLECTION AGENTS

(3) Where the licence of a collection agent is suspended or cancelled, the licences

of all collectors of the collection agent shall be automatically terminated.

R.S.S. 1978, c.C-15, s.17.

Effect of cancellation

18

A person whose licence is cancelled is not entitled to a new licence until the

expiration of one year after the cancellation.

R.S.S. 1978, c.C-15, s.18.

Requirement of further information

19

The registrar may at any time require further information or material to be

submitted by an applicant for a licence or by a licensee within a specified time and

may require verification by affidavit or otherwise of any information or material so

submitted or previously submitted.

R.S.S. 1978, c.C-15, s.19.

Request for hearing

20

(1) An applicant for a licence or a licensee who is dissatisfied with a decision of

the registrar under this Act may within thirty days after the date of the decision

apply in writing to the registrar for a hearing and thereupon the registrar shall fix

a date for the hearing which, unless otherwise agreed, shall be held not later than

seven days after the date of the receipt of the application for the hearing.

(2) The registrar shall in writing within ten days of the conclusion of the hearing

render a decision to the applicant or licensee and he shall in his decision give

reasons therefor.

(3) The applicant or licensee may in any hearing before the registrar be

represented by counsel.

(4) For the purpose of holding a hearing the registrar:

(a) may require and may take and receive affidavits, statutory declarations

and depositions;

(b) may examine witnesses upon oath and may administer the oath;

(c) has the same power that any court has in civil cases to:

(i) summon persons to attend as witnesses and to give evidence;

(ii) enforce the attendance of witnesses; and

(iii) compel witnesses to produce books, documents and things.

R.S.S. 1978, c.C-15, s.20.

Bond

21

(1) The registrar may require any applicant for a licence or any licensee to

furnish him within a specified time with a bond in such form and amount as he may

prescribe.

9

c. C-15

COLLECTION AGENTS

(2) Notwithstanding that Her Majesty in right of Saskatchewan has not suffered

any loss or damages, every bond delivered to the registrar under subsection (1)

shall be construed as being a penal bond and where any such bond is forfeited

pursuant to subsection (3), the amount due and owing as a debt to Her Majesty in

right of Saskatchewan by the person bound thereby shall be determined as if Her

Majesty suffered such loss or damages as would entitle Her Majesty to be

indemnified to the maximum amount of liability prescribed by the bond.

(3) Every bond furnished under subsection (1) shall be forfeited where:

(a) the person in respect of whose conduct the bond is conditioned or any

representative or collector of that person has been convicted of an offence:

(i) under this Act or regulation;

(ii) involving fraud or theft or conspiracy to commit an offence

involving fraud or theft under the

Criminal Code

.

and there is no further appeal or the time for all appeals therefrom has

elapsed;

(b) final judgement in respect of a claim arising out of a contract has been

given against the person in respect of whose conduct the bond is conditioned

or against any representative or collector of that person;

(c) the person in respect of whose conduct the bond is conditioned commits

an act of bankruptcy, whether or not proceedings have been taken under the

Bankruptcy Act

(Canada); or

(d) a decision has been rendered by the registrar in writing stating in effect

that after consideration and investigation of a complaint, he is satisfied that

the person in respect of whose conduct the bond is conditioned or any

representative or collector of that person:

(i) has violated a provision of this Act or has failed to comply with any

of the terms, conditions or restrictions to which his licence is subject or is

in breach of a contract; and

(ii) has departed from Saskatchewan, or being out of Saskatchewan

remains out of Saskatchewan, or departs from his dwelling house or

otherwise absents himself, or in the case of a corporation, the name

thereof has been struck off the register of companies;

and there is no further appeal or the time for all appeals therefrom has

elapsed.

(4) Where a bond secured by the deposit with the registrar of collateral security is

forfeited under subsection (3), the registrar may sell the collateral security at the

current market price.

10

c. C-15

COLLECTION AGENTS

(5) The registrar may pay any money recovered under a forfeited bond or realized

from the sale of any collateral security to:

(a) the local registrar of the Court of Queen’s Bench in trust for those

persons who may become judgment creditors of the person named in the bond

for claims arising out of contracts on any terms the registrar considers

appropriate;

(b) any trustee, custodian, interim receiver, receiver or liquidator of the

person named in the bond on any terms the registrar considers appropriate;

or

(c) any person that the registrar considers entitled to the money for a claim

arising out of a contract with the person named in the bond or any

representative or collector of that person.

(6) The registrar shall pay any money not paid pursuant to subsection (5) to the

surety or obligor under the bond after the payment of any expenditures incurred by

the registrar in connection with the forfeiture of the bond and the determination

and settlement of valid claims.

(7) In this section

“contract”

means an agreement, whether verbal or in writing,

for the doing of anything referred to in the definition of “collection agent”.

R.S.S. 1978, c.C-15, s.21; 2000, c.53, s.2.

EXEMPTIONS

Non-application of Act

22

(1) This Act except subsection (2) of section 29 does not apply to:

(a) any barrister or solicitor or his employee, in the regular practice of

his profession;

(b) an insurer or agent or employee of an insurer or agent in respect of the

collection of insurance premiums;

(c) a real estate broker or his employee, in respect of the collection of moneys

incidental to his business as a real estate broker;

(d) a person acting as an officer of or under the process or authority of any court;

(e) a person appointed by or under any Act, in respect of the collection of

debts in the due performance of his duty;

(f) any bank to which the

Bank Act

(Canada) applies, or loan corporation or

trust company registered under

The Companies Act

, or to employees thereof

in the regular course of their employment;

(g) any credit union or federation of credit unions registered under

The Credit Union Act, 1998

, or to employees thereof in the regular course of

their employment; or

(h) an isolated collection made by a person whose usual business is not

collecting debts for other persons.

11

c. C-15

COLLECTION AGENTS

(2) Subsection (1) of section 21 does not apply to a person who engages solely in

collecting debts owed to him within the meaning of subclause (iv) of clause (b) of

section 2.

R.S.S. 1978, c.C-15, s.22; 1998, c.C-45.2, s.476.

APPEAL FROM REGISTRAR’S DECISION

Appeal to Queen’s Bench

23

(1) A person who is dissatisfied with a decision of the registrar under this Act

may, instead of applying under section 20 to the registrar for a hearing, within

thirty days from the date of the decision, appeal to a judge of the Court of Queen’s

Bench who may upon hearing the appeal by order do any one or more of the

following things:

(a) dismiss the appeal;

(b) allow the appeal;

(c) allow the appeal subject to terms and conditions;

(d) vary the decision appealed against;

(e) refer the matter back to the registrar for further consideration and decision;

(f) award costs of the appeal;

(g) make such other order as to him seems just.

(2) The appeal shall be by notice of motion and a copy thereof shall be served upon the

registrar not less than ten days before the day on which the motion is returnable.

(3) There shall be no further appeal.

R.S.S. 1978, c.C-15, s.23.

FORMS AND RECORDS

Filing of forms and prohibition respecting the use of certain forms

24

(1) Every collection agent shall file with the registrar:

(a) two copies of each form of agreement that he uses or proposes to use

when entering into agreement with persons for whom he acts;

(b) two copies of each form or form letter that he uses or proposes to use in

making demands for the collection of debts.

(2) No collection agent shall use a form of agreement or other form or form letter

filed under subsection (1) of this section or under subsection (3) of section 6 unless:

(a) a copy of the form has been returned to him bearing an endorsement by

the registrar to the effect that the form has been accepted for filing; and

12

c. C-15

COLLECTION AGENTS

(b) the form was accepted for filing by the registrar within thirteen months

of the date of its use.

(3) The registrar may refuse to accept for filing any form that he finds to be objectionable.

(4) Where the registrar refuses to accept a form for filing he shall, on being so

requested, specify the reasons therefor.

R.S.S. 1978, c.C-15, s.24.

Records and accounts

25

(1) Every holder of a collection agent’s licence shall:

(a) keep proper records and books of account showing moneys received and

moneys paid out, including a receipt book, cash book, clients’ ledger, debtors’

ledger, and journal or equivalent machine accounting records satisfactory to

the registrar; and

(b) maintain a trust account in a chartered bank, credit union or trust

company, and shall deposit all moneys received on behalf of a client in the

trust account.

(2) No money may be drawn from a trust account, except:

(a) money paid to or on behalf of a client from funds which have been

deposited in a trust account to the client’s credit;

(b) money required for payment to the collection agent of his charges

pursuant to an agreement to collect debts or disbursements made on behalf of

a client from money belonging to the client; or

(c) money paid in to the trust account by mistake.

R.S.S. 1978, c.C-15, s.25.

Auditors

26

(1) Every licensed collection agent shall appoint one or more auditors,

satisfactory to the registrar.

(2) The auditor or auditors shall have a right of access at all times to all books,

documents, accounts, and vouchers of the collection agent, and are entitled to

receive from the collection agent and from the employees of the collection agent any

information or explanation necessary for the performance of their duties as

auditors, and each of those employees shall at all reasonable times provide such

information or explanations to the auditor or auditors.

(3) The auditor or auditors shall make a report to the collection agent on the

accounts examined by them and on the balance sheet of the business of the

collection agent, and the report shall state:

(a) whether or not they have obtained all the information and explanations

they requested;

13

c. C-15

COLLECTION AGENTS

(b) whether in their opinion the balance sheet referred to in the report is

properly drawn up so as to exhibit truly and correctly the state of the affairs of

the business of the collection agent according to the best of their information

and the explanations given to them and as shown by the books of the business

of the collection agent;

(c) in what respect they find the books, documents, accounts, or vouchers

incorrect, or not in accordance with law;

(d) the appropriateness or otherwise of the several forms of account kept by

the collection agent; and

(e) the gross amount of the moneys collected for the preceding twelve months.

(4) The auditor or auditors shall forward to the registrar a copy of every report

made by him or them.

R.S.S. 1978, c.C-15, s.26.

Annual report

27

Every licensed collection agent shall in each year cause to be prepared at the

close of his fiscal year, a report on the affairs of the business of the collection agent

for the preceding fiscal year, and a balance sheet of the business of the collection

agent and a statement of profit and loss during the period covered by the report;

and the report, balance sheet and statement of profit and loss shall be signed by the

collection agent, certified by the auditor or auditors and forwarded to the registrar

not later than three months after the close of the fiscal year to which they relate.

R.S.S. 1978, c.C-15, s.27.

Accounting for any payment of money collected

28

(1) Every collection agent shall, without notice or demand, account for all

moneys collected within thirty days after the end of the calendar month in which

they are collected, and pay them, less his proper charges, to the person entitled

thereto; but where the moneys collected are less than ten dollars, payment shall be

made within sixty days after the end of the calendar month in which they are

collected.

(2) Every collection agent shall, upon demand made by a person entitled to an

accounting, or by the registrar, account for all moneys received on behalf of the person

and pay the moneys, less the proper fees of the collection agent, to the person.

(3) Where a collection agent is unable to locate the person entitled to moneys

collected by him within six months after they have been collected, he shall pay the

moneys less his proper charges to the minister with a statement thereof, showing

the full names and last known addresses of the persons entitled thereto, and the

minister shall give to him a receipt therefor, which shall be an effective discharge

to him.

R.S.S. 1978, c.C-15, s.28.

14

c. C-15

COLLECTION AGENTS

Unlawful practices

29

(1) No collection agent or collector shall:

(a) collect or attempt to collect for a person for whom he acts any moneys in

addition to the amount owing by the debtor;

(b) make any charge against a person for whom he acts in addition to those

contained in the agreement with that person;

(c) send any telegram or make any telephone call, for which the charges are

payable by the addressee or the person to whom the call is made, to a debtor

for the purpose of demanding payment of a debt;

(d) enter into any agreement with a person for whom the collection agent

acts unless a copy of the form of the agreement is filed with the registrar;

(e) use any form or form of letter to collect or attempt to collect money from

a debtor unless a copy of the form or form of letter is filed with the registrar;

(f) use, without lawful authority, any summons, notice, or demand, or other

document, expressed in language of the general style or purport of any form

used in any court in the province, or printed or written or in the general

appearance or format of any such form.

(g) make telephone calls or personal calls of such nature or with such

frequency as to constitute harassment of the debtor, his spouse or any

member of his family;

(h) make telephone calls or personal calls for the purpose of demanding

payment of a debt:

(i) on a Sunday;

(ii) on a holiday; or

(iii) on any other day except between the hours of eight o’clock in the

forenoon and nine o’clock in the afternoon;

(i) give, by implication, inference or statement, directly or indirectly, any

false information to any person that may be detrimental to a debtor, his

spouse or any member of his family;

(j) give, or threaten to give, by implication, inference or statement, directly

or indirectly, to the person who employs a debtor, his spouse or any member of

his family information that may adversely affect the employment or employment

opportunities of the debtor, his spouse or any member of his family;

(k) make a demand by telephone, by personal call or by writing for payment

of an account without indicating the name of the creditor with whom the

account was incurred, the balance of the account and the identity and

authority of the person making the demand;

(l) make telephone calls or personal calls of such nature or with such

frequency as to constitute harassment of any person in an effort to determine

the present whereabouts of the debtor, his spouse or any member of his

family; or

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