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ONTARIO regulation 466/01
made under the
collection agencies act
Made: December 12, 2001
Filed: December 13, 2001
Printed in The Ontario Gazette: December 29, 2001
Amending Reg. 74 of R.R.O. 1990
(General)
1. Regulation 74 of the Revised Regulations of Ontario, 1990 is amended by adding the following section immediately before the heading “Prohibited Practices and Methods in the Collection of Debts”:
19.1.1 (1) Subsection 4 (2) and clause 22 (d) of the Act and clauses 20 (a) and (g) of this Regulation do not apply to a collection agency or collector that is contacting a debtor in the name of a creditor pursuant to a written contract between the collection agency and the creditor under which,
(a) the collection agency is authorized to act in the name of the creditor to collect money owed that is no more than 60 days past due;
(b) the collection agency or collector is not compensated contingent on or based on the amount, if any, collected from the debtor;
(c) the collection agency or collector does not receive payment directly from the debtor and may not request that the debtor make any payment to the collection agency or collector; and
(d) the collector is required to give the debtor the name of the creditor and his or her own name in every contact with the debtor.
(2) The exemptions in subsection (1) only apply to a registered collection agency or collector while engaged in the collection of money owed as described in that subsection and do not apply to the same collection agency or collector while engaged in any other activity.
(3) A collection agency that is exempt under subsection (1) shall, before engaging in the activity described in that subsection, notify the Registrar in writing,
(a) that the collection agency has entered into a contract as described in that subsection; and
(b) of the name and address of the creditor.