R-2.2, r. 1 - Regulation respecting the application of the Act respecting the collection of certain debts

À jour au 1^er juillet 2023

Ce document a valeur officielle.

chapter R-2.2, r. 1

Regulation respecting the application of the Act respecting the collection of certain debts

Act respecting the collection of certain debts

(chapter R-2.2, s. 51).

The duties prescribed in the Regulation have been indexed as of 1 July 2023 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 18 February 2023, page 143. (ss. 14, 18, 31, 33.7)

DIVISION I INTERPRETATION

1. In this Regulation, unless the context indicates otherwise,

(a)  “certificate” means a certificate required by section 44.1 of the Act;

(a.1)  “application” means an application for a permit or certificate or renewal of a permit or certificate made by an applicant;

(b)  “applicant” means a natural person, a partnership or a legal person that applies for a permit or the renewal of a permit or a natural person who applies for a certificate or the renewal of a certificate;

(c)  “group” means a legal person, trade union, partnership, association or other organization that has deposited security on behalf of its members by means of a group guarantee bond;

(d)  “Act” means the Act respecting the collection of certain debts (chapter R-2.2);

(e)  “member” means any person who is a shareholder, partner or member of a group and who is identified by a membership certificate drawn up in accordance with section 24;

(f)  “permit” means a permit prescribed in section 7 of the Act;

(g)  “president” means the president of the Office de la protection du consommateur.

R.R.Q., 1981, c. R-2.2, r. 1, s. 1; O.C. 1245-2017, s. 1; O.C. 988-2018, s. 1.

DIVISION II EXEMPTIONS

2. A merchant who collects, or attempts or offers to collect a debt owed to another merchant is exempt from the application of Chapter III of the Act where:

(a)  a settlement agreement exists between the 2 merchants;

(b)  the debt is owed to the merchant who commissions the collector;

(c)  the debt is collected from a debtor who is informed in writing of the identity of the merchant to whom the debt to be collected is owed or of the nature of the debt to be collected;

(d)  the debt is collected during the usual collection of debts owed to the merchant commissioned to collect the debt;

(e)  the debt to be collected arose from the usual business of the merchant for whom it is collected; and

(f)  the main business of the merchant commissioned to collect the debt consists in providing goods or services other than service of debt collection or of information on people’s credit.

R.R.Q., 1981, c. R-2.2, r. 1, s. 2.

3. A securities dealer registered under the Securities Act (chapter V-1.1) is exempt from the application of Chapter III of the Act.

R.R.Q., 1981, c. R-2.2, r. 1, s. 3.

4. The collection of rent for an immovable by a person commissioned in writing by the owner of the immovable or his representative is exempt from the application of Chapter III of the Act where his mandate entails at least the following responsibilities:

(a)  rental of rooms;

(b)  receipt of rent;

(c)  upkeep of the immovable.

R.R.Q., 1981, c. R-2.2, r. 1, s. 4.

5. A permit holder who carries on his business as a collection agent on 1 July 1981 is exempt from the application of section 21 of the Act provided that:

(a)  the expression “collection agency” or “collection agent” is reproduced immediately after the name of the permit holder on any writing originating from him; and that

(b)  these expressions are reproduced in characters of the same size and form as those used for the name.

R.R.Q., 1981, c. R-2.2, r. 1, s. 5.

DIVISION III PERMITS, SECURITIES AND DUTIES

§ 1 . — Permits

6. An applicant must forward to the president, using the form provided by the president, the following information and documents:

(a)  the applicant’s name and the names under which the applicant does business which must appear on the permit;

(b)  the applicant’s address, telephone number and, where applicable, technological address and fax number, and those of the establishment for which the permit is requested;

(c)  the name, address, telephone number and, where applicable, technological address and fax number of the natural person who signed the application for a permit and the person’s date of birth;

(d)  in the case of a partnership or legal person, the name, date of birth, home address and telephone number of the partners or directors, along with their position and the percentage of their share in the partnership or legal person;

(e)  the name, date of birth, home address, telephone number and, where applicable, technological address of all the applicant’s representatives;

(f)  when the applicant is required to be registered, the Québec business number (NEQ) assigned by the enterprise registrar;

(g)  a statement that, at the time of the application, the partnership or legal person, if constituted under the laws of Québec, was in compliance with the provisions governing legal publicity;

(h)  the name and address of the financial institution where the trust account is held, as well as the account number;

(i)  the answers to the following questions concerning the applicant, concerning the person, in the case of a sole proprietorship, or concerning each partner or director, in the case of a partnership or legal person, that is:

i.  whether they are an undischarged bankrupt;

ii.  whether they have been found guilty, in the 3 years prior to the application, of an offence against an Act or regulation the application of which is under the supervision of the Office de la protection du consommateur, of an indictable criminal offence or of an offence punishable on summary conviction under Part IX or under section 423 or 426 of the Criminal Code (R.S.C. 1985, c. C-46), unless a pardon has been obtained;

iii.  if the answer to one of the questions in subparagraphs i and ii is affirmative, the nature of the offence, the date of the judgment and the court file number.

Every application for a permit must be submitted with the duties payable and the security required under sections 12 to 14, along with a statement that the information provided pursuant to the first paragraph is true.

R.R.Q., 1981, c. R-2.2, r. 1, s. 6; O.C. 1245-2017, s. 2.

7. An application made by a natural person must be signed by that person, that of a partnership by one of the partners, and that of a legal person by a duly authorized director.

R.R.Q., 1981, c. R-2.2, r. 1, s. 7.

8. Where the application is for the renewal of a permit, the applicant need not provide a copy of the documents already provided in a previous application if the documents are identical.

R.R.Q., 1981, c. R-2.2, r. 1, s. 8.

9. (Revoked).

R.R.Q., 1981, c. R-2.2, r. 1, s. 9; O.C. 1245-2017, s. 3.

10. A permit is signed by the president. His signature may be handwritten or mechanically produced.

R.R.Q., 1981, c. R-2.2, r. 1, s. 10.

§ 2 . — Security and duties

11. The applicant for a collection agent’s permit must, when he applies, pay the duties and furnish the security prescribed in this Subdivision.

R.R.Q., 1981, c. R-2.2, r. 1, s. 11; O.C. 988-2018, s. 3.

12. The security required of the applicant for a collection agent’s permit is established as follows:

(a)  $10,000 where the total amount collected during the preceding fiscal period is less than $100,000;

(b)  $15,000 where the total amount is $100,000 or more, but less than $150,000;

(c)  $20,000 where the total amount is $150,000 or more, but less than $250,000;

(d)  $25,000 where the total amount is $250,000 or more.

R.R.Q., 1981, c. R-2.2, r. 1, s. 12; O.C. 988-2018, s. 4.

13. If the applicant for a collection agent’s permit did not carry on business as a collection agent during the preceding fiscal period, or if the total amount collected does not reasonably allow the total annual value for the current fiscal period to be estimated, the security is $20,000.

R.R.Q., 1981, c. R-2.2, r. 1, s. 13; O.C. 988-2018, s. 5.

14. The duties to be paid by an applicant for a collection agent’s permit are set as follows:

Periods	Duties
From 1 July 2023 to 30 June 2024	$1,449
From 1 May 2025	$1,739

R.R.Q., 1981, c. R-2.2, r. 1, s. 14; O.C. 817-91, s. 1; O.C. 1245-2017, s. 4; O.C. 988-2018, s. 6.

14.1. Where an application for the issue or renewal of a permit is refused by the president or is withdrawn or abandoned, the president reimburses 50% of the duties indicated in section 14.

The applicant is deemed to have withdrawn an application that he does not complete within 3 months following a summons enjoining him to do so.

O.C. 817-91, s. 1; O.C. 988-2018, s. 7.

14.2. The duties payable under section 14 are increased by 50% if priority processing is requested. The application must then be processed by the president within 3 working days.

O.C. 1245-2017, s. 5.

15. If the duties are paid by cheque, postal money order, bank money order or payment order drawn on a financial services cooperative, it must be made out to the order of the Minister of Finance.

R.R.Q., 1981, c. R-2.2, r. 1, s. 15.

16. Security must be furnished:

(a)  by means of an individual guarantee bond;

(b)  by means of a group guarantee bond;

(c)  by cash, certified cheque, postal money order, bank money order, or certified payment order drawn on a financial services cooperative, to the order of the Minister of Finance; or

(d)  by means of a bond convertible at any time, issued or guaranteed by the Government of Canada or of one of the provinces, whose market value is at least equal to the amount of security exigible.

R.R.Q., 1981, c. R-2.2, r. 1, s. 16; O.C. 488-2017, s. 27.

17. The security referred to in paragraphs a and b of section 16 may be issued only by a company authorized to stand surety under the statutes of Québec.

R.R.Q., 1981, c. R-2.2, r. 1, s. 17.

18. The security referred to in paragraphs c and d of section 16 may be furnished for the applicant by a third party.

It may also be furnished by the applicant for himself; in that case, the applicant is under the same obligations as the surety as well as those incumbent upon him as principal.

An applicant who furnishes security in the manner provided for in paragraph d of section 16 must pay duties of $322 to cover the costs for opening a file.

R.R.Q., 1981, c. R-2.2, r. 1, s. 18; O.C. 1245-2017, s. 6.

19. The security must be drawn up using the form provided by the president, and include

(a)  the date on which the security is furnished;

(b)  the total amount of the obligation which the surety is required to meet for the duration of the permit and its renewal as determined in section 12 or 13, as the case may be;

(c)  a solidary undertaking by the surety with the applicant towards the president, in the case of an individual security, or with any member of the group towards the president, in the case of a group security policy, up to the amount of the security, to pay any amount payable pursuant to section 26;

(d)  when the security is furnished by the applicant on the applicant’s own behalf, an undertaking by the applicant, up to the amount of the security, to pay any amount payable pursuant to section 26;

(e)  a statement that the undertaking is binding on the administrators of the surety or the applicant in the case of security furnished by the applicant;

(f)  a waiver of the benefits of discussion and division, and the fact that the surety is subrogated in the rights of a consumer to whom an indemnity is paid up to the amount disbursed by the surety;

(g)  a statement that the surety or applicant may only terminate the security by sending at least 90 days’ written notice to the president along with proof that a copy of the notice was notified to the applicant, if applicable; and

(h)  a statement that, despite the expiry of the security, the obligations of the surety are maintained and the responsibility of the applicant continues to extend to the applicant’s clients, when, as the case may be,

i.  civil proceedings were instituted within the time prescribed by the Civil Code;

ii.  the agreement or transaction, which was intended to prevent judicial proceedings, was entered into within the same time;

iii.  penal proceedings were instituted within the time prescribed by section 63.1 of the Act;

iv.  the act or omission that is the subject of the civil judgment, the agreement or transaction or, as the case may be, the conviction is related to a contract concluded or fault committed while the security was in effect, or occurred while the security was in effect.

The form must be signed by the surety or by the applicant if furnished by the latter and, at the request of the surety, by the principal debtor.

R.R.Q., 1981, c. R-2.2, r. 1, s. 19; O.C. 1245-2017, s. 7.

20. (Revoked).

R.R.Q., 1981, c. R-2.2, r. 1, s. 20; O.C. 1245-2017, s. 8.

21. (Revoked).

R.R.Q., 1981, c. R-2.2, r. 1, s. 21; O.C. 1245-2017, s. 9.

22. (Revoked).

R.R.Q., 1981, c. R-2.2, r. 1, s. 22; O.C. 1245-2017, s. 10.

23. Security by group guarantee policy must be signed by a person duly authorized by resolution of the surety’s board of directors. A copy of that resolution must be attached to the security.

R.R.Q., 1981, c. R-2.2, r. 1, s. 23.

24. Each of the permit holders covered by a group security policy must be identified by a member’s certificate containing

(a)  the name of the surety;

(b)  the name of the group for which the surety furnishes security;

(c)  the member’s certificate number of the group;

(d)  the amount of security payable pursuant to section 12 or 13;

(e)  the number of the group security policy and its date of issue;

(f)  an attestation that the permit holder is a member of the group and is covered by the group security policy; and

(g)  the signature of a duly authorized representative of the surety or of the association authorized by the surety, and the date of issue.

The surety may cancel the member’s certificate only by sending at least 90 days’ written notice to the president along with proof that a copy of the notice was notified to the member.

R.R.Q., 1981, c. R-2.2, r. 1, s. 24; O.C. 1245-2017, s. 11.

25. Security by individual guarantee policy, security by group guarantee policy, the commitments prescribed in sections 21 and 22 as well as the membership certificates are kept by the president.

Security in the form of cash, certified cheque, postal money order, bank money order, payment order drawn on a financial services cooperative or bond is sent by the president to the Bureau général de dépôts pour le Québec. It is deposited for the term of the permit and for 3 years after it expires.

R.R.Q., 1981, c. R-2.2, r. 1, s. 25; O.C. 488-2017, s. 28.

26. The security provided for in this Subdivision is required in order to guarantee compliance with the Act by a collection agent who has furnished security or his representative, for the duration of the security:

(a)  firstly, for the indemnity in capital, interest and legal costs determined for any person awarded a final judgment rendered against a collection agent or his representative following an action instituted pursuant to section 49 of the Act;

(b)  secondly, to collect the fine and the costs imposed upon the collection agent or his representative under Chapter VI of the Act.

R.R.Q., 1981, c. R-2.2, r. 1, s. 26; I.N. 2016-01-01 (NCCP).

27. When the president receives the copy of a final judgment referred to in section 26 that settles a dispute, he must:

(a)  if security was furnished by means of an individual or group guarantee policy, notify the surety by sending him a copy of the judgment with instructions to pay the capital, interest and legal costs up to the amount of the security;

(b)  if security was furnished by means of cash, certified cheque, postal money order, bank money order or certified payment order drawn on a financial services cooperative, request the Bureau général de dépôts pour le Québec to send him the sum necessary to pay the capital, interest and legal costs determined for the judgment up to the amount of the security;

(c)  if security was furnished by means of a bond, request the Bureau général de dépôts pour le Québec to convert the bond and to send him, out of the proceeds of the conversion, the sum necessary to pay the capital, interest and legal costs determined for the judgment, up to the amount of the security.

Following a notice or request of the president pursuant to subparagraph a, b or c of the first paragraph, the surety or the Bureau général de dépôts pour le Québec must send him the necessary sum to pay for the capital, interest and legal costs determined for the judgment within 60 days after receipt of the notice or application.

The president shall ensure that the claims made to him under this Division are paid according to the date of notification of copy of the final judgment or of receipt of that copy by registered mail.

Where several copies of the final judgment are notified or received on the same date, the president shall ensure the payment of the claims pro rata.

R.R.Q., 1981, c. R-2.2, r. 1, s. 27; I.N. 2016-01-01 (NCCP); O.C. 488-2017, s. 29.

28. The provisions of section 27 apply, with the necessary modifications, to the payment of the fine and costs imposed upon a holder or his representative under Chapter VI of the Act.

R.R.Q., 1981, c. R-2.2, r. 1, s. 28.

29. Where a judgment has been executed in accordance with section 27 or 28, a permit holder must complete the security furnished so that the amount of the security meets the requirements of section 12 or 13, where applicable, at all times.

R.R.Q., 1981, c. R-2.2, r. 1, s. 29.

§ 3 . — Transfer of permit in the event of death of a holder

30. In the event of the death of a permit holder, the heir, liquidator of the succession or legal representative, where applicable, may, after giving the president notice of the death in writing, obtain permission from the latter to continue the activities authorized by the permit until its expiry.

R.R.Q., 1981, c. R-2.2, r. 1, s. 30.

31. Business may be continued for the period referred to in section 30 upon the payment of duties in the amount of $13.

In such an event, the security must specify that it remains in force.

R.R.Q., 1981, c. R-2.2, r. 1, s. 31.

32. If the liquidator of a succession requires that business continue beyond the expiry date of the permit, the president may issue a permit to a person provided for in section 30 as heir, liquidator of the succession or legal representative, where applicable.

The term of that permit must not exceed 12 months.

R.R.Q., 1981, c. R-2.2, r. 1, s. 32.

33. The permit provided for in section 32 is issued after the formalities and conditions required of an applicant are complied with, but the amount of the duties to be paid pursuant to section 14 is reduced by half.

R.R.Q., 1981, c. R-2.2, r. 1, s. 33.

DIVISION III.1 COLLECTION AGENT REPRESENTATIVES

O.C. 988-2018, s. 8.

33.1. The president issues a collection agent representative certificate if the applicant

(a)  acts for a collection agent;

(b)  has passed an examination approved by the president on knowledge of the laws and regulations applying to debt collection in the 2 years preceding receipt of the application for the issue of a certificate;

(c)  has not committed, during the 3 preceding years, an offence against the Act or this Regulation, unless the applicant has obtained a pardon with regard to the offence;

(d)  has not been found guilty, during the 3 preceding years, of a criminal offence having a connection with the activity of a collection agent, unless the applicant has obtained a pardon with regard to the offence;

(e)  has not made a false or misleading statement or concealed an important fact to obtain the certificate;

(f)  has paid the duties prescribed by this Regulation; and

(g)  has sent the information prescribed by section 33.6.

The president may refuse to issue a certificate if the president has reasonable grounds to believe that such refusal is necessary to ensure, in the public interest, the honest and competent practice of the activity of collection agent.

O.C. 988-2018, s. 8.

33.2. A certificate is valid for a 2-year period.

O.C. 988-2018, s. 8.

33.3. In order for a certificate to be valid, not more than 2 years may have elapsed since the last employment or service contract binding the holder of a collection agent representative certificate to a holder of a collection agent’s permit declared in accordance with section 33.6 or 33.9. Otherwise, the certificate ceases to have effect.

A collection agent representative certificate that has ceased to have effect under the first paragraph may not be renewed. A new certificate may however be issued if the conditions provided for in section 33.1 are met.

O.C. 988-2018, s. 8.

33.4. The president renews a collection agent representative certificate if the following conditions are met:

(a)  not more than 2 years have elapsed since the last employment or service contract binding the applicant to a collection agent declared in accordance with section 33.6 or 33.9;

(b)  the applicant has not committed, during the 3 preceding years, an offence against the Act or this Regulation, unless the applicant has obtained a pardon with regard to the offence;

(c)  the applicant has not been found guilty, during the 3 preceding years, of a criminal offence having a connection with the activity of a collection agent, unless the applicant has obtained a pardon with regard to the offence;

(d)  the applicant has not made a false or misleading statement or concealed an important fact to obtain the certificate;

(e)  the applicant has paid the duties prescribed by this Regulation;

(f)  the applicant has sent the information prescribed by section 33.6.

The president may refuse to renew a certificate if the president has reasonable grounds to believe that such refusal is necessary to ensure, in the public interest, the honest and competent practice of the activity of collection agent.

O.C. 988-2018, s. 8.

33.5. A collection agent representative must send, on the form provided by the president, an application for the issue or renewal of a certificate accompanied by the duties payable.

O.C. 988-2018, s. 8.

33.6. A collection agent representative must, upon applying for the issue or renewal of a certificate, send the following to the president, on the form provided by the latter:

(a)  the representative’s name, domicile address and professional address, date of birth, personal and professional telephone numbers and, if applicable, the representative’s personal and professional electronic addresses and fax number;

(b)  the name, address and permit number of each collection agent to whom the representative is bound by an employment contract or a service contract; and

(c)  a statement whereby the applicant, at the time of the application, certifies that

i.  he has not committed, during the 3 preceding years, an offence against the Act or this Regulation;

ii.  he has not been found guilty, during the 3 preceding years, of an offence against a statute or regulation under the administration of the Office de la protection du consommateur, or of a criminal offence, unless a pardon has been granted; and

iii.  the information provided in the application is true.

O.C. 988-2018, s. 8.

33.7. The duties for the issue and renewal of the certificate are set at $200 and $178, respectively.

O.C. 988-2018, s. 8.

33.8. A collection agent representative must inform the president of any change in any of the information referred to in section 33.6 within 15 days of the event.

O.C. 988-2018, s. 8.

33.9. The president may suspend or cancel a collection agent representative certificate where its holder

(a)  has committed, during the 3 preceding years, an offence against the Act or this Regulation, unless the holder has obtained a pardon with regard to the offence;

(b)  has been found guilty, during the 3 preceding years, of a criminal offence having a connection with the activity of a collection agent, unless the holder has obtained a pardon with regard to the offence;

(c)  has made a false or misleading statement or concealed an important fact to obtain or renew the certificate;

(d)  has failed to comply with any of the conditions or obligations prescribed by the Act and this Regulation; or

(e)  is unable to ensure, in the public interest, the honest and competent practice of debt collection activities.

O.C. 988-2018, s. 8.

33.10. The president must, before refusing to issue or renew a certificate or before suspending or cancelling it, give the advance notice provided for in section 5 of the Act respecting administrative justice (chapter J-3) in writing to the certificate applicant or holder and grant that person at least 10 days to present observations. The president must also notify that person of the substantiated decision in writing.

O.C. 988-2018, s. 8.

DIVISION IV RECEIPT OF A SUM OF MONEY AND RENDERING OF ACCOUNT

§ 1 . — Receipt of a sum of money

34. A permit holder must provide a debtor from whom he has received payment in cash with a receipt.

Such a receipt must also be provided, upon written request, to a debtor whose payment was not made in cash.

R.R.Q., 1981, c. R-2.2, r. 1, s. 34.

35. The receipt prescribed in section 34 must specify:

(a)  the date of the payment and the date on which the receipt was issued;

(b)  the name of the debtor;

(c)  the amount received and the mode of payment;

(d)  the name of the creditor and the debt for which the amount was received;

(e)  the name of the person who made the payment if different from the debtor;

(f)  the name of the permit holder;

(g)  the balance of the debt to be collected.

R.R.Q., 1981, c. R-2.2, r. 1, s. 35.

36. The receipt prescribed in section 34 must be provided to the debtor within 10 days of the payment in cash or, where applicable, of receipt of the request therefor and must be signed by the permit holder or by his representative.

R.R.Q., 1981, c. R-2.2, r. 1, s. 36.

37. Any sum of money received by a permit holder must be deposited in a trust account within 7 days of its receipt.

R.R.Q., 1981, c. R-2.2, r. 1, s. 37.

38. A permit holder must keep, in the debtor’s file, a duplicate of any receipt he issues in accordance with this Division.

R.R.Q., 1981, c. R-2.2, r. 1, s. 38.

39. A permit holder is exempt from the obligation set forth in section 34 with respect to a payment referred to in section 43.

R.R.Q., 1981, c. R-2.2, r. 1, s. 39.

§ 2 . — Rendering of account and remittance

40. A permit holder must render account to the creditor in writing the amount collected for him and remit to him the sum collected after the collection fees have been deducted no later than on the last day of the month following the month when an amount was collected.

R.R.Q., 1981, c. R-2.2, r. 1, s. 40.

41. If, upon the expiry of a 5-month period following the date of remittance provided for in section 40, and for a reason wholly dependent on the creditor, a permit holder cannot rend account to the creditor of the sums received or remit the sums to the creditor, the permit holder must remit the sums to the Bureau général de dépôts pour le Québec.

R.R.Q., 1981, c. R-2.2, r. 1, s. 41; O.C. 488-2017, s. 30.

42. Within 10 days of receiving a request from the debtor to that effect in writing, and without charge, a permit holder must render account to the debtor of his debt in writing, indicating:

(a)  the date on which account is rendered;

(b)  the name of the creditor;

(c)  the initial amount of the debt to be collected;

(d)  the date and the amount of each payment of the debt made since the notice of payment was given, for a first rendering of account or, where applicable, since the last rendering of account;

(e)  the balance of the debt;

(f)  the name of the permit holder.

R.R.Q., 1981, c. R-2.2, r. 1, s. 42.

43. Within 10 days of receiving a final payment or payment that, following a compromise, is accepted as final, and without charge, a permit holder must send to the debtor an acquittance drawn up in accordance with Form N-40, the text of which is attached hereto.

A permit holder who provides a debtor with a receipt containing the information specified in section 35 is not required to remit an acquittance where the receipt indicates that the debt is paid off.

R.R.Q., 1981, c. R-2.2, r. 1, s. 43; O.C. 1245-2017, s. 12.

DIVISION V NOTICE OF PAYMENT AND MANDATE

44. The notice of payment provided for in subparagraph 1 of the first paragraph of section 34 of the Act must be in conformity with Form N-41, the text of which is attached hereto.

R.R.Q., 1981, c. R-2.2, r. 1, s. 44.

45. The mandate provided for in section 32 of the Act must be in conformity with Form N-42, the text of which is attached hereto.

R.R.Q., 1981, c. R-2.2, r. 1, s. 45.

46. A debt to be collected in Québec the collection mandate of which originates from outside Québec is exempt from the application of section 32 of the Act provided that the mandate is recorded in a writing.

R.R.Q., 1981, c. R-2.2, r. 1, s. 46.

DIVISION VI REGISTERS AND RECORDS

47. A permit holder must keep a register in which, for each debt to be collected from a debtor, he enters the following:

(a)  the name and address of the debtor;

(b)  the name and address of the creditor;

(c)  the amount of the debt to be collected;

(d)  the date, amount and mode of each payment;

(e)  the name of the person who made the payment if different from the debtor;

(f)  the balance of the debt after each payment;

(g)  the date of the mandate provided for in section 32 of the Act, or of the writing prescribed in section 46;

(h)  the date on which the notice of payment provided for in subparagraph 1 of the first paragraph of section 34 of the Act was sent;

(i)  the date and nature of any other writing addressed to the debtor;

(j)  the date on which the permit holder received the notice from the debtor provided for in subparagraph 2 of the first paragraph of section 34 of the Act;

(k)  the date and nature of any other writing received from the debtor;

(l)  the date and nature of any writing sent to a person other than the debtor, except where the writing is addressed to the creditor;

(m)  the date and the identification of any person other than the debtor whom the holder or his representative has contacted other than in writing;

(n)  the date of any receipt remitted in accordance with section 34;

(o)  the date of any rendering of account made in accordance with section 42;

(p)  the date of any acquittance or receipt provided for in section 43; and

(q)  the date of any information sent in accordance with section 52 or 53.

R.R.Q., 1981, c. R-2.2, r. 1, s. 47.

48. A permit holder must keep, in a file for each debtor, the following:

(a)  a copy of vouchers for any debt to be collected from the debtor where those vouchers were provided to him by the creditor;

(b)  for each debt to be collected from a debtor, a copy of the writings or documents referred to in paragraphs g, h, i, j, k, l, n, o, p and q of section 47.

R.R.Q., 1981, c. R-2.2, r. 1, s. 48.

49. Despite paragraph b of section 48, the vouchers referred to in paragraphs g, h, i and l of section 47 need not be kept where an entry in the register enables their contents to be wholly reconstituted.

R.R.Q., 1981, c. R-2.2, r. 1, s. 49.

50. A permit holder must keep a register of the trust accounts in which he has entered the date and the amount of any sum of money received for the account of another together with the date, amount and payee of each withdrawal.

R.R.Q., 1981, c. R-2.2, r. 1, s. 50.

50.1. A permit holder must keep up to date a register of the representatives employed by the permit holder or with whom the permit holder is bound by a service contract. Upon request, the permit holder must send a copy of the register to the president.

When the employment relationship with one of the representatives is broken or if the service contract binding them has ended, the permit holder must inform the president thereof within 15 days of the event.

O.C. 988-2018, s. 9.

DIVISION VII INFORMATION

51. Within 10 days of a change in the place of a trust account or in a trust account number, a permit holder must inform the president thereof in writing, indicating the place and number of the new trust account, where applicable.

R.R.Q., 1981, c. R-2.2, r. 1, s. 51.

52. Within 10 days of receiving a written request made by the debtor and without charge, a permit holder must provide the debtor with the following information:

(a)  the date of the debt to be collected;

(b)  the name of the creditor;

(c)  the address of the place where the debt to be collected was incurred;

(d)  the nature of the debt to be collected.

A permit holder who sends to the debtor a copy of the voucher for the debt to be collected fulfils the obligation set forth in the first paragraph.

R.R.Q., 1981, c. R-2.2, r. 1, s. 52.

53. Within 30 days after receiving a written request from a debtor to that effect, and without charge, a permit holder must send to the debtor a copy of the voucher for the debt to be collected.

R.R.Q., 1981, c. R-2.2, r. 1, s. 53.

54. (Revoked).

R.R.Q., 1981, c. R-2.2, r. 1, s. 54; O.C. 988-2018, s. 10.

55. (Revoked).

R.R.Q., 1981, c. R-2.2, r. 1, s. 55; O.C. 988-2018, s. 11.

56. (Revoked).

R.R.Q., 1981, c. R-2.2, r. 1, s. 56; O.C. 988-2018, s. 12.

57. (Revoked).

R.R.Q., 1981, c. R-2.2, r. 1, s. 57; O.C. 1245-2017, s. 13; O.C. 988-2018, s. 13.

58. A permit holder must provide the president with the following information concerning the period covered in the financial statements:

(a)  the total amount collected from debtors;

(b)  the amount deposited in a trust account;

(c)  the amount remitted to the creditors;

(d)  the amount remitted to the Minister of Finance in accordance with section 41 and the date on which it is remitted;

(e)  the amount paid to a person by the surety or permit holder, subsequent to the civil recourse based on section 49 of the Act.

R.R.Q., 1981, c. R-2.2, r. 1, s. 58; O.C. 988-2018, s. 14.

59. The information required under section 58 must be provided within 6 months of the end of the permit holder’s fiscal year and be accompanied by a review engagement report.

R.R.Q., 1981, c. R-2.2, r. 1, s. 59; O.C. 988-2018, s. 15.

DIVISION VII.1 INDEXATION OF DUTIES AND FEES

O.C. 988-2018, s. 16.

59.1. The duties and fees payable under this Regulation are indexed on 1 July of each year in accordance with the rate of variation in the general Consumer Price Index in the preceding year for Canada, as established by Statistics Canada; the duties and fees thus indexed take effect on that date.

The duties and fees indexed in the prescribed manner are reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they are increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

Each year, the president publishes the result of the annual indexation in Part 1 of the Gazette officielle du Québec.

O.C. 988-2018, s. 16.

DIVISION VIII TRANSITIONAL AND FINAL PROVISION

60. (Obsolete).

R.R.Q., 1981, c. R-2.2, r. 1, s. 60.

FORM N-34

(Revoked)

R.R.Q., 1981, c. R-2.2, r. 1, Form N-34; O.C. 1245-2017, s. 14.

FORM N-35

(Revoked)

R.R.Q., 1981, c. R-2.2, r. 1, Form N-35; I.N. 2016-01-01 (NCCP); O.C. 1245-2017, s. 14.

FORM N-36

(Revoked)

R.R.Q., 1981, c. R-2.2, r. 1, Form N-36; I.N. 2016-01-01 (NCCP); O.C. 1245-2017, s. 14.

FORM N-37

(Revoked)

R.R.Q., 1981, c. R-2.2, r. 1, Form N-37; I.N. 2016-01-01 (NCCP); O.C. 1245-2017, s. 14.

FORM N-38

(Revoked)

R.R.Q., 1981, c. R-2.2, r. 1, Form N-38; I.N. 2016-01-01 (NCCP); O.C. 1245-2017, s. 14.

FORM N-39

(Revoked)

R.R.Q., 1981, c. R-2.2, r. 1, Form N-39; O.C. 1245-2017, s. 14.

FORM N-40

(s. 43)

ACQUITTANCE

(Regulation respecting the application of the Act respecting the collection of certain debts (chapter R-2.2, r. 1, s. 43)

______________________________

(number of holder’s permit)

Date: ______________________________

(date of the acquittance)

___________________________________

(name of permit holder)

___________________________________

(address of permit holder)

___________________________________

(name of debtor)

___________________________________

(address of debtor)

___________________________________

(name of creditor of debt to be collected)

___________________________________

(amount of debt to be collected)

In consideration of the payment in the amount of $__________ made on ________________________, we hereby give to __________(name of debtor)__________, his heirs, successors and those claiming under him, a complete and final acquittance in the amount of $__________ which we had a mandate to collect for the creditor against the said debtor.

R.R.Q., 1981, c. R-2.2, r. 1, Form N-40.

FORM N-41

(s. 44)

NOTICE OF PAYMENT

(An Act respecting the collection of certain debts (chapter R-2.2, s. 34)

______________________________

(number of holder’s permit)

Date: ______________________________________________________________________________

(date on which notice of payment is sent)

Place: _____________________________________________________________________________

(place from which notice of payment is sent)

---

(name of permit holder)

---

(address of permit holder)

___________________________________

(name of debtor)

___________________________________

(address of debtor)

---

(name of creditor of debt to be collected)

---

(amount of debt to be collected)

(Text of the notice of payment) _________________________________________________________

---

---

---

---

It is in the debtor’s interest to become familiar with the Act respecting the collection of certain debts and, where necessary, to communicate with the Office de la protection du consommateur.

R.R.Q., 1981, c. R-2.2, r. 1, Form N-41.

FORM N-42

(s. 45)

COLLECTION MANDATE

(An Act respecting the collection of certain debts (chapter R-2.2, s. 32)

______________________________

(number of permit holder)

Date: ______________________________________________________________________________

(date of collection mandate)

Place: _____________________________________________________________________________

(place of collection mandate)

---

(name of permit holder)

---

(address of permit holder)

---

(name of creditor of debt to be collected)

---

(address of creditor of debt to be collected)

(Conditions of collection mandate) _______________________________________________________

---

---

R.R.Q., 1981, c. R-2.2, r. 1, Form N-42.

TRANSITIONAL

2019

(O.C. 988-2018) SECTION 17. Any person acting as the representative of a collection agent before 1 January 2020 must obtain a temporary certificate on the conditions provided for in subparagraphs a, c, d, e and g of the first paragraph of section 33.1, introduced by section 8 of this Regulation. The certificate ceases to have effect on the earlier of

(a) 31 December 2020; or

(b) the date on which a certificate is issued to the holder of a temporary certificate, in accordance with section 33.1.

REFERENCES

R.R.Q., 1981, c. R-2.2, r. 1

O.C. 817-91, 1991 G.O. 2, 1953

S.Q. 1994, c. 40, s. 457

S.Q. 2012, c. 11, s. 32

S.Q. 2016, c. 7, s. 183

O.C. 488-2017, 2017 G.O. 2, 1429

O.C. 1245-2017, 2017 G.O. 2, 3922

O.C. 988-2018, 2018 G.O. 2, 3235