2(1)Subject to subsection (2), this Act does not apply to

2(2)This Act applies to a member of the Bar of any province who carries on a collection agency in a name other than his or her own.

2.1(1)If the Director considers it appropriate to do so, the Director may, by order and subject to any terms and conditions the Director considers appropriate, exempt any person or class of persons from the application of this Act or any provision of it or from the application of the regulations or any provision of them.

2.1(2)An order under subsection (1) may be made on the Director’s own motion or on the application of an interested person.

2.1(3)The order may be retroactive in its operation.

2.1(4)A person to whom the order applies shall comply with the terms and conditions imposed by the Director under subsection (1).

3(1)No person shall carry on the business of a collection agency, operate a branch office of a collection agency, or act as a collector until the person has been licensed as provided by this Act and the regulations and has caused notice of the licence to be published in The Royal Gazette.

4(1)An application for a licence shall

4(2)The Director may

4(3)The holder of a licence shall comply with the terms and conditions imposed on the licence by the Director and to any terms and conditions for the licence established by the regulations.

4(4)The Director shall not refuse to issue a licence or impose terms and conditions on the licence without giving the applicant or holder of the licence an opportunity to be heard.

9(1)The Director may suspend or cancel a licence in accordance with the regulations or when the Director considers it in the public interest to do so.

9(2)No person whose licence has been cancelled is entitled to a new licence for one year after the cancellation.

9(3)A person who is directly affected by a decision of the Director under this section or section 4 may appeal the decision to the Tribunal within 30 days after the date of the decision.

9(3.1)Despite subsection (3), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

9(4)When a licence has been suspended or cancelled under this Act, the holder of the licence shall return the licence to the Director without delay.

9(4.1)If money is held in trust by a person whose licence is suspended or cancelled under this Act, the Director may order a financial institution holding the money to refrain from paying out all or any part of the money for the period of the suspension or cancellation.

9(4.2)The Director shall not cancel or suspend a licence under this Act without providing the holder of the licence an opportunity to be heard.

9.02(1)No collection agency shall provide debt settlement services to a debtor and no collector shall provide those services to a debtor on behalf of a collection agency unless the agency has

9.02(2)No collection agency shall enter into more than one debt settlement services agreement with the same debtor while there is a debt settlement services agreement between the parties that has not expired.

9.03(1)The following definition applies in this section.

9.03(2)No collection agency or collector that provides debt settlement services shall require or accept any payment or any security for the payment, directly or indirectly, in advance of providing the services, except as prescribed, or in excess of the maximum amount prescribed or determined in accordance with the regulations.

9.03(3)Every arrangement by which a collection agency or collector takes security in contravention of subsection (2) is void.

9.04(1)No collection agency or collector shall offer, pay or provide any gift, bonus, premium, reward or other compensation or benefit of any kind in order to induce a debtor to enter into a debt settlement services agreement.

9.04(2)No collection agency or collector shall lend money or provide credit to a debtor.

9.06(1)A debtor who is a party to a debt settlement services agreement may, without any reason and without charge, cancel the agreement at any time from the date of entering into it until 10 days after receiving a written copy of the agreement.

9.06(2)In addition to the right under subsection (1), a debtor who is a party to a debt settlement services agreement may, without charge, cancel the agreement within one year after the date of entering into it if the debtor does not receive a written copy of the agreement.

9.06(3)The cancellation of a debt settlement services agreement in accordance with this section operates to cancel the agreement as though it never existed.

9.07(1)A debt settlement services agreement is cancelled under section 9.06 when the debtor gives a notice of cancellation in accordance with this section.

9.07(2)A debtor may give a notice of cancellation to a collection agency by

9.07(3)A notice of cancellation that is given in accordance with paragraph (2)(b) shall be deemed to be given when it is sent.

9.07(4)Subject to subsections (2) and (3), a notice of cancellation is adequate if it indicates the intention of the debtor to cancel the debt settlement services agreement.

9.07(5)If a debt settlement services agreement is cancelled under section 9.06, within 15 days after the notice of cancellation has been delivered or sent, the collection agency shall refund the money received under the agreement to the debtor.

9.1(1)The following definition applies in this section.

9.1(2)A collection agency or person operating a branch office of a collection agency shall keep books, records and documents that are necessary for the proper recording of its business and affairs and shall keep any other books, records and documents that are otherwise required under this Act or the regulations.

9.1(3)A collection agency or person operating a branch office of a collection agency shall keep the books, records and documents at a safe location and in a durable form.

9.1(4)A collection agency or person operating a branch office of a collection agency shall retain the books, records and documents for a minimum period of seven years after the date of the transaction to which the books, records or documents relate.

9.1(5)A collection agency or person operating a branch office of a collection agency shall deliver to the Director, or to any other employee of the Commission, at any time that the Director or other employee requires

9.11(1)No holder of a licence issued under this Act shall make any false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material prepared or used in respect of a regulated activity.

9.11(2)If, in the opinion of the Director, a holder of a licence issued under this Act has made a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material referred to in subsection (1), the Director may order the holder of the licence to stop using that material immediately.

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

9.12(4)In carrying out a compliance review, a compliance officer may

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.

9.2(1)A compliance officer who removes books, records or documents to make a copy or extract of them or any part of them shall give a receipt to the occupier of the premises for the books, records or documents removed and return the books, records or documents as soon as possible after the making of copies or extracts.

9.2(2)A copy or extract of any book, record or document related to a compliance review and purporting to be certified by a compliance officer is admissible in evidence in any action, proceeding or prosecution and is proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.

9.22(1)No person shall obstruct or interfere with a compliance officer who is carrying out or attempting to carry out a compliance review under this Part, or withhold, destroy, conceal, alter or refuse to produce any information or thing reasonably required by a compliance officer for the purposes of the compliance review.

9.22(2)A refusal of consent to enter a private dwelling is not and shall not be considered to be interfering with or obstructing within the meaning of subsection (1), except if an entry warrant has been obtained.

9.3(1)The Director may make an order under subsection (2)

9.3(2)By an order applicable generally or to one or more persons named or otherwise described in the order, the Director may require any of the following persons to provide information or to produce books, records or documents or classes of books, records or documents specified or otherwise described in the order within the time or at the intervals specified in the order:

9.3(3)The Director may require that the authenticity, accuracy or completeness of information provided or of a book, record or document or a class of books, records or documents produced pursuant to an order under subsection (2) be verified by affidavit.

9.3(4)The Director may require that the information provided or that the books, records or documents or classes of books, records or documents produced pursuant to an order made under subsection (2) be delivered in electronic form, if the information or the books, records or documents or classes of books, records or documents are already available in that form.

9.31(1)The Commission may, by order, appoint a person as an investigator to make any investigation that the Commission considers expedient

9.31(2)In its order, the Commission shall specify the scope of an investigation to be carried out under subsection (1).

9.32(1)An investigator may, with respect to the person who is the subject of the investigation, investigate, inspect and examine

9.32(2)For the purposes of an investigation under this Part, an investigator may inspect and examine any book, record, document or thing, whether in possession or control of the person in respect of whom the investigation is ordered or any other person.

9.32(3)An investigator making an investigation under this Part may, on production of the order appointing him or her,

9.32(4)Inspection or examination under this section shall be completed as soon as possible and the books, records, documents or things shall be returned promptly to the person who produced them.

9.32(5)No person shall withhold, destroy, conceal, alter or refuse to give any information or withhold, destroy, conceal, alter or refuse to produce any book, record, document or thing reasonably required under subsection (3) by an investigator.

9.4(1)An investigator making an investigation under this Part has the same power to summon and enforce the attendance of witnesses, to compel witnesses to give evidence under oath or in any other manner and to compel witnesses to produce books, records, documents and things or classes of books, records, documents and things as the Court of King’s Bench has for the trial of civil actions.

9.4(2)On the application of an investigator to the Court of King’s Bench, the failure or refusal of a person to attend, to take an oath, to answer questions or to produce books, records, documents and things or classes of books, records, documents and things in the custody, possession or control of the person makes the person liable to be committed for contempt as if in breach of an order or judgment of the Court of King’s Bench.

9.4(3)A person giving evidence at an investigation conducted under this section may be represented by legal counsel.

9.4(4)Testimony given by a person under this section shall not be admitted into evidence against that person in any prosecution other than for perjury in the giving of that testimony or the giving of evidence contradictory to that testimony.

9.42(1)On request to the investigator by the person who, at the time of the seizure, was in lawful possession of books, records, documents or things seized under this Part, the books, records, documents or things seized shall, at a time and place mutually convenient to the person who was in lawful possession of them at the time of the seizure and the investigator, be made available for consultation and copying by the person.

9.42(2)If books, records, documents or things are seized under this Part and the matter for which the books, records, documents or things were seized is concluded, the investigator shall return those books, records, documents or things to the person who was in lawful possession of them at the time of the seizure within 60 days after the day that the matter is concluded.

9.42(3)If books, records, documents or things are seized under this Part and the person who was in lawful possession of the books, records, documents or things at the time of the seizure alleges that the books, records, documents or things are not relevant in respect of the matter for which they were seized, that person may apply by notice of motion to the Court of King’s Bench for the return of the books, records, documents or things.

9.42(4)On a motion under subsection (3), the Court of King’s Bench shall order the return of any books, records, documents or things that it determines are not relevant to the matter for which they were seized to the person who was in lawful possession of the books, records, documents or things at the time of the seizure.

9.5(1)If an investigation has been made under this Part, the investigator shall, at the request of the Commission, provide a report of the investigation to the Commission or any transcripts of evidence or any material or other things in the investigator’s possession relating to the investigation.

9.5(2)A report that is provided to the Commission under this section is privileged and is inadmissible in evidence in any action or proceeding.

9.51(1)For the purpose of protecting the integrity of an investigation under this Part, the Commission may make an order that applies for the duration of the investigation, prohibiting a person from disclosing to any person other than the person’s lawyer the following information:

9.51(2)An order under subsection (1) does not apply to disclosures authorized by the regulations or by the Director in writing.

9.51(3)An investigator making an investigation under this Part may make, or authorize the making of, any disclosure of information that may be required for the effectual conduct of the investigation.

9.6(1)A person who does any of the following commits an offence, and is liable on conviction, for each offence, if an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and if a person other than an individual, to a fine of not more than $250,000:

9.6(2)Without limiting the availability of other defences, no person commits an offence under paragraph (1)(a) or (b) if

9.62(1)On the application of the Commission, the Tribunal may make one or more of the following orders if the Tribunal considers it expedient for the administration of this Act or the regulations or to assist in the administration of similar legislation of another jurisdiction:

9.62(2)An order under subsection (1) that names a financial institution shall apply only to the branches of the financial institution identified in the order.

9.62(3)An order under subsection (1) is effective for seven days after its making, but the Commission may apply to the Court of King’s Bench to continue the order or for any other order that the Court of King’s Bench considers appropriate.

9.62(4)An order under subsection (1) may be made ex parte but, in that event, copies of the order shall be sent without delay by any means that the Tribunal determines to all persons named in the order.

9.62(5)A person in receipt of an order under subsection (1) who is in doubt as to the application of the order to any funds, securities or property or as to a claim being made to that person by any person not named in the order may apply to the Tribunal for direction or clarification.

9.62(6)The Tribunal, on the application of the Commission or of a person directly affected by the order, may revoke an order under subsection (1) or permit the release of any funds, securities or property in respect of which the order was made.

9.62(7)A notice of an order under subsection (1) may be registered or recorded against the lands or claims identified in the order by submitting the notice to the appropriate registry office established under the Registry Act or to the appropriate land titles office established under the Land Titles Act.

9.62(8)The Tribunal may order a notice submitted under subsection (7) to be revoked or modified and, if an order is made, the Commission shall submit a copy of the revocation or modification to the appropriate registry office or land titles office.

9.62(9)On submission of a notice under subsection (7) or a copy of a written revocation or modification under subsection (8), the notice or the copy of the revocation or modification shall be registered or recorded in the registry office or land titles office, as the case may be, by the registrar and has the same effect as the registration or recording of a certificate of pending litigation.

9.7(1)On the application of the Commission, the Tribunal, if in its opinion it is in the public interest to do so, may make one or more of the following orders:

9.7(2)The Tribunal may impose any terms and conditions that the Tribunal considers appropriate on an order under this section.

9.7(3)A person who is the subject of an order made under this section shall comply with any terms and conditions imposed on the order.

9.7(4)Unless the parties and the Tribunal consent, no order shall be made under this section without a hearing.

9.7(5)Despite subsection (4), if in the opinion of the Tribunal the length of time required to hold a hearing could be prejudicial to the public interest, the Tribunal, without a hearing, may make a temporary order under paragraph (1)(a), (b), (c) or (f).

9.7(6)The temporary order shall take effect immediately and shall expire on the fifteenth day after its making unless extended by the Tribunal.

9.7(7)The Tribunal may extend a temporary order until the hearing is concluded if a hearing is commenced within the 15-day period.

9.7(8)The Commission shall without delay give written notice of an order or temporary order made under this section to any person directly affected by the order or temporary order.

9.71(1)On the application of the Commission and after conducting a hearing, the Tribunal may order a person to pay an administrative penalty of, in the case of an individual, not more than $25,000, and in the case of a person other than an individual, not more than $100,000, if the Tribunal

9.71(2)The Tribunal may make an order under this section despite the imposition of any other penalty on the person or the making of any other order by the Tribunal, the Commission or the Director related to the same matter.

9.81(1)Despite any other provision of this Act or the regulations, an administrative proceeding conducted by the Commission, the Tribunal or the Director under this Act or the regulations may be disposed of by

9.81(2)An agreement, written undertaking or decision made, accepted or approved under subsection (1) may be enforced in the same manner as a decision made by the Commission, the Tribunal or the Director under any other provision of this Act or under the regulations.

11(1)The Lieutenant-Governor in Council may make regulations

11(2)The Lieutenant-Governor in Council may make regulations and the Commission may make rules

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.

12(1)As soon as the circumstances permit after a rule is made under section 11, the Commission shall

12(2)Without delay after the Commission makes a rule, it shall make a copy of the rule available for public inspection at each of the Commission’s offices during the normal business hours of the Commission.

12(3)When notice of a rule has been published in The Royal Gazette in accordance with paragraph (1)(b), a person affected by the rule shall be deemed to have notice of it on the date the rule is published in accordance with paragraph (1)(a).

14(1)The Secretary of the Commission may maintain a consolidation of the rules made by the Commission.

14(2)In maintaining a consolidation of the rules, the Secretary of the Commission may make changes respecting form and style and respecting typographical errors without changing the substance of a rule.

14(3)The Commission may publish the consolidated rules in the frequency that it considers appropriate.

14(4)A consolidated rule does not operate as new law but shall be interpreted as a consolidation of the law contained in the original rule and any subsequent amendments.

14(5)In the event of an inconsistency between a consolidated rule published by the Commission and the original rule or a subsequent amendment, the original rule or amendment prevails to the extent of the inconsistency.