Acts and Regulations

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

Section 11
Disposition versions

Full text
Regulations and rules
2017, c.26, s.6
11(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2017, c.26, s.7
(b) prescribing the fee to be charged for a licence;
(c) Repealed: 2017, c.26, s.7
(d) requiring the giving of security by a collection agency, respecting the nature, form, amount and conditions of forfeiture of that security, and regulating the disposition of the proceeds of that security on forfeiture;
(e) authorizing the Commission, when money is paid to the Commission in consequence of the forfeiture of any security required under the regulations, to deduct from the money and retain the amount of the costs incurred by the Commission in connection with the recovery and distribution of the money, including the costs of an investigation of a claim made on the money;
(f) respecting the manner in which collection agencies are to keep their accounts and the manner in which they are to hold, account for and pay over money collected by them;
(f.1) requiring, for the purposes of subsection 9.1(2), that certain books, records or documents be kept;
(g) Repealed: 2017, c.26, s.7
(h) prohibiting the use of any particular method in the collection of debts by collection agencies or collectors;
(i) respecting returns to be made and information to be provided by collection agencies;
(j) prohibiting the bringing of an action by a collection agency for the recovery of debt in a court of this Province;
(j.1) authorizing disclosures for the purposes of subsection 9.51(2);
(j.2) prescribing circumstances, fees and expenses for the purposes of subsection 9.12(8).
(k) Repealed: 2017, c.26, s.7
11(2)The Lieutenant-Governor in Council may make regulations and the Commission may make rules
(a) prescribing the requirements of an application for a licence under this Act and the form, terms and conditions of a licence;
(b) fixing the date of a licence and the period for which it may be issued;
(c) respecting the suspension and cancellation of a licence;
(d) specifying prohibited representations for the purposes of section 9.01;
(e) governing debt settlement services agreements, including
(i) prescribing requirements for the purposes of subparagraph 9.02(1)(a)(iii);
(ii) prescribing requirements for amending, renewing or extending a debt settlement services agreement;
(f) prescribing for the purposes of subsection 9.03(2) payments or security that may be accepted or required;
(g) prescribing the maximum amount of a payment or security for the purposes of subsection 9.03(2) or prescribing the method of determining that amount, including any formula, ratio or percentage to be used to calculate the amount;
(h) prescribing the nature of fees and other charges that collection agencies may recover or attempt to recover for their services from their clients or their clients’ debtors and the amount or maximum amount of the fees and charges;
(i) respecting forms.
11(3)The Lieutenant-Governor in Council may, by order, amend or repeal a rule made by the Commission.
11(4)Subject to the approval of the Minister of Finance and Treasury Board, the Commission, concurrently with making a rule, may make a regulation that amends or repeals any provision of a regulation made by the Lieutenant-Governor in Council under this Act or by the Commission under this subsection that in the opinion of the Commission is necessary or advisable to effectively implement the rule.
11(5)A regulation made under subsection (4) is not effective before the rule referred to in that subsection comes into force.
11(6)Subject to subsection (5), a regulation made under subsection (4) may be retroactive in its operation.
11(7)A regulation or rule authorized by this section may incorporate by reference, in whole or in part, any laws, any by-laws or other regulatory instruments or any codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or the rule or as they read at a fixed time and may require compliance with any law, any by-law or other regulatory instrument or any code, standard, procedure or guideline so incorporated.
11(8)Regulations or rules may vary for or be made in respect of different persons, matters or things or different classes or categories of persons, matters or things.
11(9)A regulation or a rule may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation or rule.
11(10)The Regulations Act does not apply to the rules made under this Act.
11(11)If there is a conflict or an inconsistency between a regulation made by the Lieutenant-Governor in Council under this Act and a rule made under this Act, the regulation prevails but in all other respects a rule has the same force and effect as a regulation.
R.S.1973, c.C-8, s.7; 1975, c.14, s.6; 1984, c.19, s.2; 1985, c.7, s.5; 2013, c.31, s.3; 2016, c.36, s.1; 2017, c.26, s.7; 2019, c.29, s.27
Regulations and rules
2017, c.26, s.6
11(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2017, c.26, s.7
(b) prescribing the fee to be charged for a licence;
(c) Repealed: 2017, c.26, s.7
(d) requiring the giving of security by a collection agency, respecting the nature, form, amount and conditions of forfeiture of that security, and regulating the disposition of the proceeds of that security on forfeiture;
(e) authorizing the Commission, when money is paid to the Commission in consequence of the forfeiture of any security required under the regulations, to deduct from the money and retain the amount of the costs incurred by the Commission in connection with the recovery and distribution of the money, including the costs of an investigation of a claim made on the money;
(f) respecting the manner in which collection agencies are to keep their accounts and the manner in which they are to hold, account for and pay over money collected by them;
(f.1) requiring, for the purposes of subsection 9.1(2), that certain books, records or documents be kept;
(g) Repealed: 2017, c.26, s.7
(h) prohibiting the use of any particular method in the collection of debts by collection agencies or collectors;
(i) respecting returns to be made and information to be provided by collection agencies;
(j) prohibiting the bringing of an action by a collection agency for the recovery of debt in a court of this Province;
(j.1) authorizing disclosures for the purposes of subsection 9.51(2);
(j.2) prescribing circumstances, fees and expenses for the purposes of subsection 9.12(8).
(k) Repealed: 2017, c.26, s.7
11(2)The Lieutenant-Governor in Council may make regulations and the Commission may make rules
(a) prescribing the requirements of an application for a licence under this Act and the form, terms and conditions of a licence;
(b) fixing the date of a licence and the period for which it may be issued;
(c) respecting the suspension and cancellation of a licence;
(d) specifying prohibited representations for the purposes of section 9.01;
(e) governing debt settlement services agreements, including
(i) prescribing requirements for the purposes of subparagraph 9.02(1)(a)(iii);
(ii) prescribing requirements for amending, renewing or extending a debt settlement services agreement;
(f) prescribing for the purposes of subsection 9.03(2) payments or security that may be accepted or required;
(g) prescribing the maximum amount of a payment or security for the purposes of subsection 9.03(2) or prescribing the method of determining that amount, including any formula, ratio or percentage to be used to calculate the amount;
(h) prescribing the nature of fees and other charges that collection agencies may recover or attempt to recover for their services from their clients or their clients’ debtors and the amount or maximum amount of the fees and charges;
(i) respecting forms.
11(3)The Lieutenant-Governor in Council may, by order, amend or repeal a rule made by the Commission.
11(4)Subject to the approval of the Minister of Finance, the Commission, concurrently with making a rule, may make a regulation that amends or repeals any provision of a regulation made by the Lieutenant-Governor in Council under this Act or by the Commission under this subsection that in the opinion of the Commission is necessary or advisable to effectively implement the rule.
11(5)A regulation made under subsection (4) is not effective before the rule referred to in that subsection comes into force.
11(6)Subject to subsection (5), a regulation made under subsection (4) may be retroactive in its operation.
11(7)A regulation or rule authorized by this section may incorporate by reference, in whole or in part, any laws, any by-laws or other regulatory instruments or any codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or the rule or as they read at a fixed time and may require compliance with any law, any by-law or other regulatory instrument or any code, standard, procedure or guideline so incorporated.
11(8)Regulations or rules may vary for or be made in respect of different persons, matters or things or different classes or categories of persons, matters or things.
11(9)A regulation or a rule may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation or rule.
11(10)The Regulations Act does not apply to the rules made under this Act.
11(11)If there is a conflict or an inconsistency between a regulation made by the Lieutenant-Governor in Council under this Act and a rule made under this Act, the regulation prevails but in all other respects a rule has the same force and effect as a regulation.
R.S.1973, c.C-8, s.7; 1975, c.14, s.6; 1984, c.19, s.2; 1985, c.7, s.5; 2013, c.31, s.3; 2016, c.36, s.1; 2017, c.26, s.7
Regulations
11The Lieutenant-Governor in Council may make regulations
(a) respecting the requirements of an application for a licence under this Act and the form, terms and conditions of a licence;
(b) fixing the date of a licence and the period for which it may be issued and the fee to be charged for it;
(c) respecting the suspension and cancellation of a licence;
(d) requiring the giving of security by a collection agency, respecting the nature, form, amount and conditions of forfeiture of that security, and regulating the disposition of the proceeds of that security on forfeiture;
(e) authorizing the Commission, when money is paid to the Commission in consequence of the forfeiture of any security required under the regulations, to deduct from the money and retain the amount of the costs incurred by the Commission in connection with the recovery and distribution of the money, including the costs of an investigation of a claim made on the money;
(f) respecting the manner in which collection agencies are to keep their accounts and the manner in which they are to hold, account for and pay over money collected by them;
(f.1) requiring, for the purposes of subsection 9.1(2), that certain books, records or documents be kept;
(g) prescribing the nature and amount of fees and other charges that collection agencies may recover or attempt to recover for their services from their clients or their clients’ debtors;
(h) prohibiting the use of any particular method in the collection of debts by collection agencies or collectors;
(i) respecting returns to be made and information to be provided by collection agencies;
(j) prohibiting the bringing of an action by a collection agency for the recovery of debt in a court of this Province;
(j.1) authorizing disclosures for the purposes of subsection 9.51(2);
(j.2) prescribing circumstances, fees and expenses for the purposes of subsection 9.12(8);
(k) respecting forms.
R.S.1973, c.C-8, s.7; 1975, c.14, s.6; 1984, c.19, s.2; 1985, c.7, s.5; 2013, c.31, s.3; 2016, c.36, s.1.
Regulations
11The Lieutenant-Governor in Council may make regulations
(a) respecting the requirements of an application for a licence under this Act and the form, terms and conditions of a licence;
(b) fixing the date of a licence and the period for which it may be issued and the fee to be charged for it;
(c) respecting the suspension and cancellation of a licence;
(d) requiring the giving of security by a collection agency, respecting the nature, form, amount and conditions of forfeiture of that security, and regulating the disposition of the proceeds of that security on forfeiture;
(e) authorizing the Commission, when money is paid to the Commission in consequence of the forfeiture of any security required under the regulations, to deduct from the money and retain the amount of the costs incurred by the Commission in connection with the recovery and distribution of the money, including the costs of an investigation of a claim made on the money;
(f) respecting the manner in which collection agencies are to keep their accounts and the manner in which they are to hold, account for and pay over money collected by them;
(g) prescribing the nature and amount of fees and other charges that collection agencies may recover or attempt to recover for their services from their clients or their clients’ debtors;
(h) prohibiting the use of any particular method in the collection of debts by collection agencies or collectors;
(i) respecting returns to be made and information to be provided by collection agencies;
(j) prohibiting the bringing of an action by a collection agency for the recovery of debt in a court of this Province;
(k) respecting forms.
R.S.1973, c.C-8, s.7; 1975, c.14, s.6; 1984, c.19, s.2; 1985, c.7, s.5; 2013, c.31, s.3
Regulations
11The Lieutenant-Governor in Council may make regulations
(a) respecting the requirements of an application for a licence under this Act and the form, terms and conditions of a licence;
(b) fixing the date of a licence and the period for which it may be issued and the fee to be charged for it;
(c) respecting the suspension and cancellation of a licence;
(d) requiring the giving of security by a collection agency, respecting the nature, form, amount and conditions of forfeiture of that security, and regulating the disposition of the proceeds of that security on forfeiture;
(e) authorizing the Commission, when money is paid to the Commission in consequence of the forfeiture of any security required under the regulations, to deduct from the money and retain the amount of the costs incurred by the Commission in connection with the recovery and distribution of the money, including the costs of an investigation of a claim made on the money;
(f) respecting the manner in which collection agencies are to keep their accounts and the manner in which they are to hold, account for and pay over money collected by them;
(g) prescribing the nature and amount of fees and other charges that collection agencies may recover or attempt to recover for their services from their clients or their clients’ debtors;
(h) prohibiting the use of any particular method in the collection of debts by collection agencies or collectors;
(i) respecting returns to be made and information to be provided by collection agencies;
(j) prohibiting the bringing of an action by a collection agency for the recovery of debt in a court of this Province;
(k) respecting forms.
R.S.1973, c.C-8, s.7; 1975, c.14, s.6; 1984, c.19, s.2; 1985, c.7, s.5; 2013, c.31, s.3
Regulations
11The Lieutenant-Governor in Council may make regulations
(a) respecting the requirements of an application for a licence under this Act and the form, terms and conditions of a licence;
(b) fixing the date of a licence and the period for which it may be issued and the fee to be charged for it;
(c) respecting the suspension and cancellation of a licence;
(d) requiring the giving of security by a collection agency, respecting the nature, form, amount and conditions of forfeiture of that security, and regulating the disposition of the proceeds of that security on forfeiture;
(e) authorizing the Minister, when money is paid to the Minister in consequence of the forfeiture of any security required under the regulations, to deduct from the money and retain the amount of the costs incurred by the Minister in connection with the recovery and distribution of the money, including the costs of an investigation of a claim made on the money;
(f) respecting the manner in which collection agencies are to keep their accounts and the manner in which they are to hold, account for and pay over money collected by them;
(g) prescribing the nature and amount of fees and other charges that collection agencies may recover or attempt to recover for their services from their clients or their clients’ debtors;
(h) prohibiting the use of any particular method in the collection of debts by collection agencies or collectors;
(i) respecting returns to be made and information to be provided by collection agencies;
(j) prohibiting the bringing of an action by a collection agency for the recovery of debt in a court of this Province;
(k) respecting forms.
R.S.1973, c.C-8, s.7; 1975, c.14, s.6; 1984, c.19, s.2; 1985, c.7, s.5