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1New Brunswick Regulation 84-256 under the Collection Agencies Act is amended by adding after section 1 the following:

1.1In this Regulation, “Act” means the Collection Agencies Act.

2Section 2 of the Regulation is repealed and the following is substituted:

2An application for a licence to carry on the business of a collection agency, to operate a branch office of a collection agency or to act as a collector shall be made to the Minister on a form provided by the Minister.

3Section 3 of the Regulation is amended

(a) in subsection (1) of the French version by striking out “Les demandes de licence autorisant l’exercice de l’activité d’une agence de recouvrement ou l’exploitation d’une succursale doivent être accompagnées” and substituting “La demande de licence d’agence de recouvrement ou la demande de licence de succursale d’agence de recouvrement s’accompagne”;

(b) in subsection (3) by striking out “give notice in writing of such objection to the collection agency or the branch office of the collection agency” and substituting “provide written notice of the objection to the collection agency or the branch office of the collection agency”.

4The Regulation is amended by adding after section 3 the following:

3.1(1)Subject to subsections (4) and (5), a licence to carry on the business of a collection agency expires on the last day of the twelfth month following the issuance of the licence.

3.1(2)Subject to subsections (4) and (6), a licence to operate a branch office of a collection agency expires on the expiry date for the most recent licence to carry on the business of a collection agency issued to the collection agency with respect to which the branch office operates.

3.1(3)Subject to subsections (4) and (7), a licence to act as a collector expires on the expiry date for the most recent licence to carry on the business of a collection agency issued to the collection agency for which the collector acts.

3.1(4)The expiry date of a licence that is valid immediately before the commencement of this subsection shall be determined in accordance with the law as it existed immediately before the commencement of this subsection.

3.1(5)If a licence to carry on the business of a collection agency expires on October 31, 2009 under subsection (4) and a new licence is issued to the collection agency within 15 days after the expiry, the new licence expires on the last day of the month that next follows October 31, 2009 in which a licence was first issued to the collection agency under this Regulation.

3.1(6)If a licence to operate a branch office of a collection agency expires on October 31, 2009 under subsection (4) and a new licence is issued to the branch office within 15 days after the expiry, the new licence expires on the last day of the month that next follows October 31, 2009 in which a licence was first issued to the collection agency under this Regulation.

3.1(7)If a licence to act as a collector expires on October 31, 2009 under subsection (4) and a new licence is issued to the collector within 15 days after the expiry, the new licence expires on the last day of the month that next follows October 31, 2009 in which a licence was first issued under this Regulation to the collection agency for which the collector acts.

5Section 4 of the Regulation is amended

(a) by renumbering the section as subsection 4(2);

(b) by adding before subsection (2) the following:

4(1)An application for a licence shall be accompanied by the appropriate fee set out under this section.

(c) by striking out the portion preceding paragraph (2)(a) and substituting the following:

4(2)Subject to subsection (3), the fees to be paid for the issuance of a licence are as follows:

(d) by adding after subsection (2) the following:

4(3)The fee to be paid for the issuance of a licence under subsection 3.1(5), (6) or (7) shall be calculated in accordance with the following formula:

A = B/12 × C

where

Ais the fee payable;

Bis the fee that, but for this subsection, would be payable under subsection (2), and

Cis the number of months for which the licence is issued, rounded up to the nearest whole number.

4(4)The fees referred to in this section are payable to the Minister of Finance.

6Section 5 of the Regulation is repealed.

7Section 7 of the French version of the Regulation is amended by striking out “La demande de licence permettant l’exercice de l’activité d’une agence de recouvrement” and substituting “La demande de licence d’agence de recouvrement”.

8Section 9 of the French version of the Regulation is amended

(a) in subsection (1) by striking out “loi” and substituting “Loi”;

(b) in subparagraph (2)a)(i) by striking out “loi” and substituting “Loi”.

9Section 13 of the Regulation is amended

(a) in the portion preceding paragraph (a) by striking out “give notice in writing to the Minister of the location within the Province” and substituting “provide written notice to the Minister of the location within the Province”;

(b) in paragraph (a) of the English version by striking out “notice has first been given” and substituting “notice has first been provided”.

10Section 14 of the Regulation is repealed and the following is substituted:

14(1)Subject to subsection (3), no collection agency, branch office of a collection agency or collector shall

(a) communicate or attempt to communicate with a debtor, any member of the debtor’s family or household, any relative, neighbour, friend or acquaintance of the debtor, or the debtor’s employer or guarantor, by any means, in such a manner or with such frequency as to constitute harassment, including, but not limited to,

(i) using threatening, profane, intimidating or coercive language,

(ii) using undue, excessive or unreasonable pressure, or

(iii) making public or threatening to make public a debtor’s failure to pay a debt,

(b) subject to paragraphs (c) and (d), communicate or attempt to communicate with any person other than the debtor for any purpose in relation to the debt or debtor,

(c) communicate or attempt to communicate with the debtor or any other person at the place of employment of the debtor for any purpose in relation to the debt or debtor, except with the debtor’s approval,

(d) except on the request of the person being contacted, make a telephone call to, or a personal call on, a debtor, any member of the debtor’s family or household, any relative, neighbour, friend or acquaintance of the debtor, or the debtor’s employer or guarantor,

(i) on a Sunday, other than between 1 p.m. and 5 p.m. local time for the person being contacted,

(ii) on a holiday other than a Sunday, or

(iii) on any other day, other than between the hours of 7 a.m. and 9 p.m. local time for the person being contacted,

(e) communicate or attempt to communicate with a debtor or any other person for any purpose in relation to the debt or debtor by a means that enables the charges or costs of the communication to be payable by the debtor or other person,

(f) directly or indirectly threaten or state an intention to commence any legal proceeding

(i) for which the collection agency, branch office of a collection agency or collector does not have the written authority of the creditor, or

(ii) for which there is no lawful authority,

(g) give, directly or indirectly, any false or misleading information in respect of a debt or the collection of a debt,

(h) misrepresent the purpose of a communication with any person, the identity of the collection agency, branch office of a collection agency or collector or the identity of the creditor,

(i) use, without lawful authority, any summons, notice, demand or other document that suggests or implies a connection with any court within or outside Canada,

(j) attempt to collect payment of a debt before having provided, or having made all reasonable attempts to provide, a written notice containing the following information to the debtor in a manner that ensures the privacy of the notice:

(i) the name of the creditor;

(ii) the balance owing on the account;

(iii) in the case of a collection agency or branch office of a collection agency, the name of the collection agency as shown on its licence;

(iv) in the case of a collector,

(A) the collector’s name, as shown on his or her licence, and

(B) the name of the collection agency for which the collector is attempting to collect the debt, as the collection agency’s name is shown on its licence; and

(v) the authority of the collection agency, branch office of a collection agency or collector in respect of the collection of the debt,

(k) communicate or attempt to communicate with a debtor, by any means, with respect to the collection of a debt, without indicating

(i) the name of the creditor,

(ii) the balance owing on the account,

(iii) in the case of a collection agency or branch office of a collection agency, the name of the collection agency as shown on its licence,

(iv) in the case of a collector,

(A) the collector’s name, as shown on his or her licence, and

(B) the name of the collection agency for which the collector is attempting to collect the debt, as the collection agency’s name is shown on its licence, and

(v) the authority of the collection agency, branch office of a collection agency or collector in respect of the collection of the debt,

(l) continue to communicate with a debtor,

(i) other than in writing, if the debtor has provided written notice to the collection agency, branch office of a collection agency or collector to communicate with the debtor in writing only and has provided the collection agency, branch office or collector with an address at which the debtor may be contacted,

(ii) other than through the debtor’s legal advisor, if the debtor has provided written notice to the collection agency, branch office of a collection agency or collector to communicate only with the debtor’s legal advisor and has provided the collection agency, branch office or collector with an address for the legal advisor, or

(iii) if the debtor has provided notice to the creditor and the collection agency, branch office of a collection agency or collector by registered mail that the debt is in dispute and that the debtor would like the creditor to take the matter to court,

(m) collect or attempt to collect money from a person who is not liable for the debt, or

(n) request that a debtor waive any rights, benefits or protection provided under this Regulation.

14(2)No collection agency or branch office of a collection agency shall

(a) commence or continue a legal proceeding for the recovery of a debt in the name of the collection agency unless the debt has been assigned to the collection agency in good faith by written instrument for valuable consideration and written notice of the assignment has been provided to the debtor,

(b) commence a legal proceeding for the recovery of a debt in the name of the collection agency if the debt has been assigned to the collection agency, or recommend to a creditor that a legal proceeding be commenced, before having provided the debtor with written notice that the collection agency or branch office of a collection agency intends to commence the proceeding or recommend that the proceeding be commenced, or

(c) notwithstanding any agreement to the contrary between a debtor and a creditor, collect or attempt to collect from the debtor, on behalf of the creditor, any amount of money that exceeds the amount owing by the debtor, including, but not limited to, any charges made or incurred by the collection agency or branch office of a collection agency and any charges incurred by the creditor for the services of the collection agency or branch office.

14(3)A collection agency, branch office of a collection agency or collector shall not make a telephone call to, or a personal call on, the debtor until at least 5 days after the written notice referred to in paragraph (1)(j)

(a) has been mailed to the debtor, or

(b) has been provided to the debtor, if it is provided otherwise than by mail.

14(4)A collection agency, a branch of a collection agency or a collector who includes a demand for payment in the written notice referred to in paragraph (1)(j) does not violate that paragraph.

11Section 16 of the Regulation is repealed.

12This Regulation comes into force on October 19, 2009.

2009-103 - Collection Agencies Act

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