R-2.2 - Act respecting the collection of certain debts

Section 3 Disposition versions

2006-12-14

3. No person may, for the collection of a debt,

(1)  represent that, failing payment, the debtor is liable to arrest or penal proceedings;

(2)  communicate with the debtor when the latter has notified him or her in writing to communicate with his or her legal adviser;

(2.1)  communicate verbally with the debtor before legal action is taken, if the debtor has informed the person in writing that the debt is contested and that the creditor may proceed with legal action; however, for the collection of a debt by the Government or one of its departments, this prohibition only applies as of 120 days following the sending of a demand for payment of the debt;

(3)  use harassment, threats or intimidation;

(4)  disclose information that might cause undue injury to the debtor, his or her surety, their married or civil union spouses or members of their families;

(5)  collect or claim from a debtor a sum of money greater than that which is due;

(6)  use a writing that might be mistaken for a document used, authorized, issued or approved by a tribunal, a government, a municipality or an agency of any of these;

(7)  claim a sum of money from a person other than the debtor or his or her surety;

(8)  communicate verbally with a person believed to be the debtor but who, in the course of a prior communication, indicated that he or she was not the debtor.

The sole fact of threatening to exercise any right recognized by an Act or a regulation does not constitute a threat within the meaning of subparagraph 3.

1979, c. 70, s. 3; 1996, c. 2, s. 843; 2002, c. 6, s. 152; 2006, c. 56, s. 11.

2002-06-24

3. No person may, for the collection of a debt,

(1)  represent that, failing payment, the debtor is liable to arrest or penal proceedings;

(2)  communicate with the debtor when the latter has notified him or her in writing to communicate with his or her legal adviser;

(3)  use harassment, threats or intimidation;

(4)  disclose information that might cause undue injury to the debtor, his or her surety, their married or civil union spouses or members of their families;

(5)  collect or claim from a debtor a sum of money greater than that which is due;

(6)  use a writing that might be mistaken for a document used, authorized, issued or approved by a tribunal, a government, a municipality or an agency of any of these.

The sole fact of threatening to exercise any right recognized by an Act or a regulation does not constitute a threat within the meaning of subparagraph 3.

1979, c. 70, s. 3; 1996, c. 2, s. 843; 2002, c. 6, s. 152.

1996-05-08

3. No person may, for the collection of a debt,

(1)  represent that, failing payment, the debtor is liable to arrest or penal proceedings;

(2)  communicate with the debtor when the latter has notified him in writing to communicate with his legal adviser;

(3)  use harassment, threats or intimidation;

(4)  disclose information that might cause undue injury to the debtor, his surety, their spouses or members of their families;

(5)  collect or claim from a debtor a sum of money greater than that which is due;

(6)  use a writing that might be mistaken for a document used, authorized, issued or approved by a tribunal, a government, a municipality or an agency of any of these.

The sole fact of threatening to exercise any right recognized by an Act or a regulation does not constitute a threat within the meaning of subparagraph 3.

1979, c. 70, s. 3; 1996, c. 2, s. 843.

1981-04-01

3. No person may, for the collection of a debt,

(1)  represent that, failing payment, the debtor is liable to arrest or penal proceedings;

(2)  communicate with the debtor when the latter has notified him in writing to communicate with his legal adviser;

(3)  use harassment, threats or intimidation;

(4)  disclose information that might cause undue injury to the debtor, his surety, their spouses or members of their families;

(5)  collect or claim from a debtor a sum of money greater than that which is due;

(6)  use a writing that might be mistaken for a document used, authorized, issued or approved by a tribunal, a government, a municipal corporation or an agency of any of these.

The sole fact of threatening to exercise any right recognized by an act or a regulation does not constitute a threat within the meaning of subparagraph 3.

1979, c. 70, s. 3.