Acts and Regulations

2011, c.126 - Collection and Debt Settlement Services Act

Full text
Definitions
1The following definitions apply in this Act.
“collection agency” means a person, other than a collector, who(agence de recouvrement)
(a) carries on the business of collecting debts for other persons in consideration of the payment of a commission on the amount collected or otherwise, whether the head office of the collection agency is within or outside the Province, or
(b) provides debt settlement services, whether the head office of the collection agency is within or outside the Province.
“collector” means a person employed, appointed or authorized by a collection agency to solicit business for the agency, to collect debts for the agency or to provide debt settlement services on behalf of the agency.(agent de recouvrement)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act.(Commission)
“compliance officer” means a person appointed as a compliance officer under section 9.12.(agent de conformité)
“Court of King’s Bench” means The Court of King’s Bench of New Brunswick.(Cour du Banc du Roi)
“Court of Queen’s Bench” Repealed: 2023, c.17, s.32
“debt settlement services” means offering or undertaking to act for a debtor in arrangements or negotiations with the debtor’s creditors or receiving money from a debtor for distribution to the debtor’s creditors, if the services are provided in consideration of a fee, commission or other remuneration that is payable by the debtor.(services de règlement de dette)
“debt settlement services agreement” means an agreement under which a collection agency provides debt settlement services to a debtor.(convention de services de règlement de dette)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf. (directeur)
“investigator” means a person appointed as an investigator under section 9.31.(enquêteur)
“Minister” Repealed: 2013, c.31, s.3
“prescribed” means prescribed by the regulations.(prescrit)
“regulated activity” means any activity governed by this Act or the regulations.(activité réglementée)
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a rule.(règlement)
“rule” means a rule made under section 11, or if the context requires, a rule made under the Financial and Consumer Services Commission Act.(règle)
“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act.(Tribunal)
R.S.1973, c.C-8, s.1; 1975, c.14, s.1; 1978, c.D-11.2, s.6; 2006, c.16, s.36; 2012, c.39, s.44; 2013, c.31, s.3; 2016, c.36, s.1; 2017, c.26, s.2; 2023, c.6, s.6; 2023, c.17, s.32
Definitions
1The following definitions apply in this Act.
“collection agency” means a person, other than a collector, who(agence de recouvrement)
(a) carries on the business of collecting debts for other persons in consideration of the payment of a commission on the amount collected or otherwise, whether the head office of the collection agency is within or outside the Province, or
(b) provides debt settlement services, whether the head office of the collection agency is within or outside the Province.
“collector” means a person employed, appointed or authorized by a collection agency to solicit business for the agency, to collect debts for the agency or to provide debt settlement services on behalf of the agency.(agent de recouvrement)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act.(Commission)
“compliance officer” means a person appointed as a compliance officer under section 9.12.(agent de conformité)
“Court of Queen’s Bench” means The Court of Queen’s Bench of New Brunswick.(Cour du Banc de la Reine)
“debt settlement services” means offering or undertaking to act for a debtor in arrangements or negotiations with the debtor’s creditors or receiving money from a debtor for distribution to the debtor’s creditors, if the services are provided in consideration of a fee, commission or other remuneration that is payable by the debtor.(services de règlement de dette)
“debt settlement services agreement” means an agreement under which a collection agency provides debt settlement services to a debtor.(convention de services de règlement de dette)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf. (directeur)
“investigator” means a person appointed as an investigator under section 9.31.(enquêteur)
“Minister” Repealed: 2013, c.31, s.3
“prescribed” means prescribed by the regulations.(prescrit)
“regulated activity” means any activity governed by this Act or the regulations.(activité réglementée)
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a rule.(règlement)
“rule” means a rule made under section 11, or if the context requires, a rule made under the Financial and Consumer Services Commission Act.(règle)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act. (Tribunal)
R.S.1973, c.C-8, s.1; 1975, c.14, s.1; 1978, c.D-11.2, s.6; 2006, c.16, s.36; 2012, c.39, s.44; 2013, c.31, s.3; 2016, c.36, s.1; 2017, c.26, s.2
Definitions
1The following definitions apply in this Act.
“collection agency” means a person, other than a collector, who carries on the business of collecting debts for other persons in consideration of the payment of a commission on the amount collected or otherwise, whether the head office of the collection agency is within or without the Province. (agence de recouvrement)
“collector” means a person employed, appointed or authorized by a collection agency to solicit business or collect debts for the agency. (agent de recouvrement)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act.(Commission)
“compliance officer” means a person appointed as a compliance officer under section 9.12.(agent de conformité)
“Court of Queen’s Bench” means The Court of Queen’s Bench of New Brunswick.(Cour du Banc de la Reine)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf. (directeur)
“investigator” means a person appointed as an investigator under section 9.31.(enquêteur)
“Minister” Repealed: 2013, c.31, s.3
“prescribed” means prescribed by the regulations or, if the context requires, by the rules made by the Commission under the Financial and Consumer Services Commission Act.(prescrit)
“regulated activity” means any activity governed by this Act or the regulations.(activité réglementée)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act. (Tribunal)
R.S.1973, c.C-8, s.1; 1975, c.14, s.1; 1978, c.D-11.2, s.6; 2006, c.16, s.36; 2012, c.39, s.44; 2013, c.31, s.3; 2016, c.36, s.1
Definitions
1The following definitions apply in this Act.
“collection agency” means a person, other than a collector, who carries on the business of collecting debts for other persons in consideration of the payment of a commission on the amount collected or otherwise, whether the head office of the collection agency is within or without the Province. (agence de recouvrement)
“collector” means a person employed, appointed or authorized by a collection agency to solicit business or collect debts for the agency. (agent de recouvrement)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act.(Commission)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf. (directeur)
“Minister” Repealed: 2013, c.31, s.3
“prescribed” means prescribed by the regulations or, if the context requires, by the rules made by the Commission under the Financial and Consumer Services Commission Act.(prescrit)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act. (Tribunal)
R.S.1973, c.C-8, s.1; 1975, c.14, s.1; 1978, c.D-11.2, s.6; 2006, c.16, s.36; 2012, c.39, s.44; 2013, c.31, s.3
Definitions
1The following definitions apply in this Act.
“collection agency” means a person, other than a collector, who carries on the business of collecting debts for other persons in consideration of the payment of a commission on the amount collected or otherwise, whether the head office of the collection agency is within or without the Province. (agence de recouvrement)
“collector” means a person employed, appointed or authorized by a collection agency to solicit business or collect debts for the agency. (agent de recouvrement)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act.(Commission)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf. (directeur)
“Minister” Repealed: 2013, c.31, s.3
“prescribed” means prescribed by the regulations or, if the context requires, by the rules made by the Commission under the Financial and Consumer Services Commission Act.(prescrit)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act. (Tribunal)
R.S.1973, c.C-8, s.1; 1975, c.14, s.1; 1978, c.D-11.2, s.6; 2006, c.16, s.36; 2012, c.39, s.44; 2013, c.31, s.3
Definitions
1The following definitions apply in this Act.
“collection agency” means a person, other than a collector, who carries on the business of collecting debts for other persons in consideration of the payment of a commission on the amount collected or otherwise, whether the head office of the collection agency is within or without the Province. (agence de recouvrement)
“collector” means a person employed, appointed or authorized by a collection agency to solicit business or collect debts for the agency. (agent de recouvrement)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“prescribed” means prescribed by regulation. (prescrit)
R.S.1973, c.C-8, s.1; 1975, c.14, s.1; 1978, c.D-11.2, s.6; 2006, c.16, s.36; 2012, c.39, s.44
Definitions
1The following definitions apply in this Act.
“collection agency” means a person, other than a collector, who carries on the business of collecting debts for other persons in consideration of the payment of a commission on the amount collected or otherwise, whether the head office of the collection agency is within or without the Province. (agence de recouvrement)
“collector” means a person employed, appointed or authorized by a collection agency to solicit business or collect debts for the agency. (agent de recouvrement)
“Minister” means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“prescribed” means prescribed by regulation. (prescrit)
R.S.1973, c.C-8, s.1; 1975, c.14, s.1; 1978, c.D-11.2, s.6; 2006, c.16, s.36