Acts and Regulations

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

Section 9.12
Disposition versions

Full text
Compliance review
2016, c.36, s.1
9.12(1)The Commission may appoint in writing a person as a compliance officer for the purpose of ensuring compliance with this Act and the regulations.
9.12(2)The Commission shall issue to every compliance officer a certificate of appointment and every compliance officer, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of appointment on request.
9.12(3)For the purpose of determining whether this Act and the regulations are being complied with, a compliance officer, in carrying out a compliance review, may
(a) enter the premises of any collection agency or a person operating a branch office of a collection agency during normal business hours,
(b) require a collection agency or a person operating a branch office of a collection agency or an officer or employee of either of them to produce for inspection, examination, auditing or copying any books, records or documents relating to the business or affairs of the collection agency or person operating a branch office of a collection agency,
(c) inspect, examine, audit or copy the books, records or documents relating to the business or affairs of a collection agency or person operating a branch office of a collection agency, and
(d) question a collection agency or a person operating a branch office of a collection agency or an officer or employee of either of them in relation to the business or affairs of the collection agency or person operating a branch office of a collection agency.
9.12(4)In carrying out a compliance review, a compliance officer may
(a) use a data processing system at the premises where the books, records or documents are kept,
(b) reproduce any book, record or document, and
(c) use any copying equipment at the premises where the books, records or documents are kept to make copies of any book, record or document.
9.12(5)A compliance officer may carry out a compliance review within or outside the Province.
9.12(6)A compliance officer shall not enter a private dwelling under subsection (3) unless the compliance officer has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.
9.12(7)Before or after attempting to enter or to have access to any premises, a compliance officer may apply for an entry warrant under the Entry Warrants Act.
9.12(8)The Commission may, in prescribed circumstances, require a collection agency or a person operating a branch office of a collection agency in respect of which a compliance review was carried out to pay the Commission any prescribed fee and to reimburse the Commission for any prescribed expenses.
2016, c.36, s.1