9(1)This section applies to a credit grantor or lessor who is collecting or attempting to collect a debt.
9(2)No credit grantor or lessor shall
(a)
communicate or attempt to communicate with a borrower or lessee, any member of the borrower’s or lessee’s family or household, any relative, neighbour, friend or acquaintance of the borrower or lessee, or the borrower’s or lessee’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 borrower’s or lessee’s failure to pay the debt,
(b)
subject to paragraphs (c) and (d), communicate or attempt to communicate with any person other than the borrower or lessee for any purpose in relation to the debt or the borrower or lessee,
(c)
except with the approval of the borrower or lessee, communicate or attempt to communicate with him or her or any other person at the place of employment of the borrower or lessee for any purpose in relation to the debt or the borrower or lessee,
(d)
except on the request of the person being contacted, make a telephone call to, or a personal call on, a borrower or lessee, any member of the borrower’s or lessee’s family or household, any relative, neighbour, friend or acquaintance of the borrower or lessee, or the borrower’s or lessee’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 borrower or lessee or any other person for any purpose in relation to the debt or the borrower or lessee by a means that enables the charges or costs of the communication to be payable by the borrower or lessee or other person,
(f)
directly or indirectly threaten or state an intention to commence any legal proceeding for which there is no lawful authority,
(g)
commence a legal proceeding for the recovery of the debt before having provided the borrower or lessee with written notice that the credit grantor or lessor intends to commence the proceeding,
(h)
give, directly or indirectly, any false or misleading information in respect of the debt or the collection of the debt,
(i)
misrepresent the purpose of a communication with any person or the identity of the credit grantor or lessor,
(j)
use, without lawful authority, any summons, notice, demand or other document that suggests or implies a connection with any court within or outside Canada,
(k)
communicate or attempt to communicate with the borrower or lessee, by any means, with respect to the collection of the debt, without indicating
(i)
the name of the credit grantor or lessor, as shown on its certificate of registration, and
(ii)
the balance owing on the account, or
(l)
collect or attempt to collect money from a person who is not liable for the debt.
9(1)This section applies to a credit grantor or lessor who is collecting or attempting to collect a debt.
9(2)No credit grantor or lessor shall
(a)
communicate or attempt to communicate with a borrower or lessee, any member of the borrower’s or lessee’s family or household, any relative, neighbour, friend or acquaintance of the borrower or lessee, or the borrower’s or lessee’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 borrower’s or lessee’s failure to pay the debt,
(b)
subject to paragraphs (c) and (d), communicate or attempt to communicate with any person other than the borrower or lessee for any purpose in relation to the debt or the borrower or lessee,
(c)
except with the approval of the borrower or lessee, communicate or attempt to communicate with him or her or any other person at the place of employment of the borrower or lessee for any purpose in relation to the debt or the borrower or lessee,
(d)
except on the request of the person being contacted, make a telephone call to, or a personal call on, a borrower or lessee, any member of the borrower’s or lessee’s family or household, any relative, neighbour, friend or acquaintance of the borrower or lessee, or the borrower’s or lessee’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 borrower or lessee or any other person for any purpose in relation to the debt or the borrower or lessee by a means that enables the charges or costs of the communication to be payable by the borrower or lessee or other person,
(f)
directly or indirectly threaten or state an intention to commence any legal proceeding for which there is no lawful authority,
(g)
commence a legal proceeding for the recovery of the debt before having provided the borrower or lessee with written notice that the credit grantor or lessor intends to commence the proceeding,
(h)
give, directly or indirectly, any false or misleading information in respect of the debt or the collection of the debt,
(i)
misrepresent the purpose of a communication with any person or the identity of the credit grantor or lessor,
(j)
use, without lawful authority, any summons, notice, demand or other document that suggests or implies a connection with any court within or outside Canada,
(k)
communicate or attempt to communicate with the borrower or lessee, by any means, with respect to the collection of the debt, without indicating
(i)
the name of the credit grantor or lessor, as shown on its certificate of registration, and
(ii)
the balance owing on the account, or
(l)
collect or attempt to collect money from a person who is not liable for the debt.