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

À jour au 1^er mai 2015

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 May 2015 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 21 February 2015, page 195. (s. 14)

DIVISION I INTERPRETATION

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

(a)  “application” means an application for a permit or renewal of a permit 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;

(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 Form N-39 attached hereto;

(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.

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 application must be made by using Form N-34, the text of which is attached hereto, and must include the documents stipulated therein.

R.R.Q., 1981, c. R-2.2, r. 1, s. 6.

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. An application must be sent to the president.

R.R.Q., 1981, c. R-2.2, r. 1, s. 9.

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 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.

12. The security required of the applicant 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.

13. If the applicant 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.

14. The applicant must pay duties of $317.

On 1 May of each year, the cost of those duties is adjusted in accordance with the rate of variation in the general Consumer Price Index in the preceding calendar year for Canada, as established by Statistics Canada; the duties thus adjusted take effect on that date.

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

Each year, the Office de la protection du consommateur shall publish a notice of the cost of those duties in the Gazette officielle du Québec as soon as that cost has been determined.

R.R.Q., 1981, c. R-2.2, r. 1, s. 14; O.C. 817-91, s. 1.

14.1. Where the application is withdrawn or where the president refuses to issue or renew a permit, the duties that the applicant must pay under section 14 are reduced by half.

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.

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 bearer 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.

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.

R.R.Q., 1981, c. R-2.2, r. 1, s. 18.

19. If security is furnished by means of an individual guarantee policy, it must be drawn up as in Form N-35, the text of which is attached hereto.

R.R.Q., 1981, c. R-2.2, r. 1, s. 19.

20. If security is furnished by means of a group guarantee policy, it must be drawn up as in Form N-36, the text of which is attached hereto.

R.R.Q., 1981, c. R-2.2, r. 1, s. 20.

21. If security is furnished in the manner prescribed in paragraph c or d of section 16 by a third party for the applicant, it must include a commitment drawn up as in Form N-37, the text of which is attached hereto.

R.R.Q., 1981, c. R-2.2, r. 1, s. 21.

22. If security is furnished in the manner prescribed in paragraph c or d of section 16 by the applicant for himself, it must be accompanied by a commitment drawn up as in Form N-38, the text of which is attached hereto.

R.R.Q., 1981, c. R-2.2, r. 1, s. 22.

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 applicants or permit holders covered by a group guarantee policy must be identified by a membership certificate drawn up as in Form N-39, the text of which is attached hereto, signed by the surety and sent to the president.

R.R.Q., 1981, c. R-2.2, r. 1, s. 24.

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 Minister of Finance who holds it in trust 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.

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 taxed costs imposed upon 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.

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 taxed 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 Minister of Finance to send him the sum necessary to pay the capital, interest and taxed costs of the judgment up to the amount of the security;

(c)  if security was furnished by means of a bond, request the Minister of Finance to convert the bond and to send him, out of the proceeds of the conversion, the sum necessary to pay the capital, interest and taxed costs of 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 Minister of Finance must send him the necessary sum to pay for the capital, interest and taxed costs of 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 service of copy of the final judgment or of receipt of that copy by registered or certified mail.

Where several copies of the final judgment are served 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.

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 $10.

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 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 Minister of Finance who keeps them in accordance with the Deposit Act (chapter D-5).

R.R.Q., 1981, c. R-2.2, r. 1, s. 41.

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 a receipt where the receipt indicates that the debt is paid off.

R.R.Q., 1981, c. R-2.2, r. 1, s. 43.

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.

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. Each year, a permit holder must provide the president with financial statements that accurately present the financial situation of the enterprise at the date at which its last completed fiscal period ends, to operating income, and the changes in its financial position for the fiscal period ending on the same date.

R.R.Q., 1981, c. R-2.2, r. 1, s. 54.

55. Financial statements provided by a legal person must include:

(a)  a balance sheet;

(b)  a statement of returned earnings;

(c)  a statement of changes in financial position; and

(d)  a statement of income.

R.R.Q., 1981, c. R-2.2, r. 1, s. 55.

56. Financial statements provided by a natural person or a partnership must include:

(a)  a balance statement;

(b)  a statement of capital;

(c)  a statement of change in financial position; and

(d)  a statement of income.

R.R.Q., 1981, c. R-2.2, r. 1, s. 56.

57. Financial statements provided pursuant to this Division must be prepared in accordance with generally accepted accounting principles by an accountant who belongs to the professional order recognized by the Professional Code (chapter C-26), and must bear the signature of an authorized person of the enterprise.

R.R.Q., 1981, c. R-2.2, r. 1, s. 57.

58. A permit holder must attach to the financial statements 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.

59. The financial statements required in this Division must be provided within 6 months after the end of the fiscal year.

R.R.Q., 1981, c. R-2.2, r. 1, s. 59.

DIVISION VIII TRANSITIONAL AND FINAL PROVISION

60. (Obsolete).

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

FORM N-34

(s. 6)

APPLICATION FOR A COLLECTION AGENT’S PERMIT

For use of the Office de la protection du consommateur only

Class: Duties received: Date:

Application examined by: Date:

Permit number: Expiration date:

If this application is for the renewal of a permit, give the permit number:

1. Name of applicant:

2. Address of main establishment in Québec:

Postal code: Tel.:

3. Date on which the applicant began to do business as a collection agent in Québec:

4. Number of branches in Québec: (attach a list of their addresses)

5. If the applicant is a natural person, give:

(a) his date of birth:

(b) his social insurance number:

6. Does the applicant carry on, alone or in a partnership, any other business that is subject to a permit under an Act the application of which is under the supervision of the Office de la protection du consommateur?

yes □ no □

7. If so, give the following information:

Name:

Address: Tel.:

Type of business:

Permit number:

8. Total annual value of amounts collected during the last fiscal period:

9. Number of representatives:

10. Does the applicant hold a permit or licence to operate his business elsewhere than in Québec?

yes □ no □

Place: (province, state or country) Permit or licence No.:

11. Has the applicant already been refused a collection agent’s permit?

yes □ no □

12. If so, give particulars:

13. Is the applicant an undischarged bankrupt?

yes □ no □

14. If so, give particulars: (reasons, number of court record)

15. During the last 3 years, has the applicant been found guilty of:

(a) an offence against any Act or regulation the application of which is under the supervision of the Office?

yes □ no □

(b) an indictable offence?

yes □ no □

(c) 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)?

yes □ no □

16. If so, specify: (nature of offence, date of judgment, number of court record, etc.)

17. The following documents are included with this application:

(1) a copy of the declaration under the Act respecting the legal publicity of enterprises (chapter P-44.1) if the applicant is a natural person who operates a collection agency under a name which does not include the person’s surname and given name (if this application is for the renewal of a permit and if the copy of the declaration is identical, please ignore this item) □

(2) a list of the names and addresses of the applicant’s representatives □

(3) security:

(a) individual guarantee bond □

(b) certificate of member covered by a group guarantee bond □

(c) cash □ certified cheque □ postal money order □ bank money order □ order to pay □

(d) bond □

(4) duties: cheques □ postal money order □ bank money order □ order to pay □

Any cheque, postal or bank money order, or order to pay must be made to the order of the Minister of Finance.

18. The applicant agrees to provide any additional information required by the Office de la protection du consommateur. If the applicant is a partnership or legal person, it must provide the following additional information:

19. Is one of the partners or directors an undischarged bankrupt?

yes □ no □

20. If so, give particulars:

Name: Number of court record:

Name: Number of court record:

21. Within the last 3 years, has one of the partners or directors been found guilty of:

(a) an offence against any Act or regulation the application of which is under the supervision of the Office?

yes □ no □

(b) an indictable offence?

yes □ no □

(c) an offence punishable on summary conviction under Part IX or under section 423 or 426 of the Criminal Code?

yes □ no □

22. If so, give particulars: (nature of offence, date of judgment, number of court record, etc.)

23. The following documents are included with this application:

(a) a copy of the declaration of the partnership or, where applicable, a copy of the letters patent and supplementary letters patent or of any other constituting act (if this application is for the renewal of a permit, please ignore this item) □

(b) a list of names, dates of birth, social insurance numbers, personal addresses, and functions of the partners or directors in the partnership or legal person. □

24. Date of fiscal period of applicant:

25. An applicant that is a foreign legal person must provide proof of registration under the Act respecting the legal publicity of enterprises (chapter P-44.1).

I ______________________________, applicant or authorized signatory of the partnership or legal person, declare that the information given in this application and in all documents annexed hereto is true and complete.

Signed at ____________________ this __________day of __________(month)__________ 20__________

________________________________________

Signature of the applicant or authorized signatory

________________________________________

Function in the partnership or legal person

Any false declaration renders the applicant liable to the penalties provided for in the Act respecting the collection of certain debts (chapter R-2.2).

R.R.Q., 1981, c. R-2.2, r. 1, Form N-34.

FORM N-35

(s. 19)

SECURITY BY INDIVIDUAL GUARANTEE BOND

BOND NO. AMOUNT $___________

We, ______________________________, hereinafter called the principal debtor and we, ______________________________, hereinafter called the surety, are solidarily bound to the Minister of Finance, hereinafter called the obligee, for the sum of ____________________ dollars ($__________), in legal tender of Canada, which we solidarily commit ourselves, and also our respective heirs, liquidators, administrators, successors and legal representatives, to pay to the obligee.

WHEREAS the principal debtor operates or proposes to operate the business of a collection agency.

WHEREAS for the operation of this business, in accordance with the Act respecting the collection of certain debts (chapter R-2.2), hereinafter called the Act, the principal debtor must furnish security in order to guarantee firstly, the payment of the capital, interest and taxed costs from any final judgment rendered against the principal debtor or his representative pursuant to section 49 of the Act and secondly, the payment of any fine and costs imposed upon the principal debtor or his representative pursuant to Chapter VI of the Act.

IT IS UNDERSTOOD AND AGREED THAT this bond is valid for the entire duration of the permit and that the surety may terminate the permit only by giving at least 3 months’ notice in writing to the president of the Office de la protection du consommateur.

IT IS UNDERSTOOD AND AGREED THAT this bond will continue to be valid in spite of any transfer of the principal debtor’s permit, made in accordance with the Act and the Regulation respecting the application of the Act respecting the collection of certain debts (chapter R-2.2, r. 1).

IT IS UNDERSTOOD AND AGREED THAT the principal debtor and the surety solidarily commit themselves to pay, firstly, the capital, interests and taxed costs from any final judgment rendered against the principal debtor or his representative pursuant to section 49 of the Act and, secondly, to pay any fine and costs imposed upon the principal debtor or his representative pursuant to Chapter VI of the Act.

IT IS UNDERSTOOD AND AGREED THAT the total liability of the surety under this bond or any renewal thereof is limited to the sum written above or to the amount substituted for that sum by any subsequent endorsement or renewal certificate.

IT IS UNDERSTOOD AND AGREED THAT, in spite of expiry of this bond, the surety remains bound thereby, provided that the civil action is instituted within the time limit stipulated in the Act and the penal proceedings within the time limit stipulated in the Code of penal procedure (chapter C-25.1) and that the act or omission which is the object of the civil judgment or penal conviction took place while this bond was in force.

IN WITNESS WHEREOF the principal debtor has signed this document and the surety has signed and sealed it.

Signed at _________________________ this ___ day of _________________________ 20___

______________________________ ______________________________

Witness Principal debtor

Signed at _________________________ this ___ day of _________________________ 20___

______________________________ ______________________________

Seal of the surety Signature of duly authorized person

R.R.Q., 1981, c. R-2.2, r. 1, Form N-35.

FORM N-36

(s. 20)

SECURITY BY GROUP GUARANTEE BOND

BOND NO.

We, ______________________________, hereinafter called surety, stand surety solidarily for each member of the following group:

---

This commitment is made to the Minister of Finance, hereinafter called the obligee, for the sum required of the group member concerned by section 12 or 13, as the case may be, of the Regulation respecting the application of the Act respecting the collection of certain debts (chapter R-2.2, r. 1), in legal tender of Canada, a sum which we commit ourselves solidarily with that member, as well as our respective heirs, liquidators, administrators, successors and legal representatives, to pay to the obligee.

WHEREAS each member of the group named above operates or plans to operate the business of collection agent.

WHEREAS for the operation of this business, in accordance with the Act respecting the collection of certain debts (chapter R-2.2), hereinafter called the Act, each member of the group must furnish security in order to guarantee, firstly, the payment of the capital, interest and taxed costs from any final judgment rendered against the member or his representative pursuant to section 49 of the Act and, secondly, the payment of any fine and costs imposed upon the member or his representative pursuant to Chapter VI of the Act.

IT IS UNDERSTOOD AND AGREED THAT the surety is valid for 2 years from the _____ day of ____________________ 20_____ to the _____ day of ____________________ 20_____

IT IS UNDERSTOOD AND AGREED THAT the surety may terminate this bond for a member of the group named above or for the entire group only by giving at least 3 months’ notice in writing to the president of the Office de la protection du consommateur.

IT IS UNDERSTOOD AND AGREED THAT this bond will continue to be valid in spite of any transfer of the permit of a member of the group named above, made in accordance with the Act and the Regulation respecting the application of the Act respecting the collection of certain debts.

IT IS UNDERSTOOD AND AGREED THAT the surety commits himself solidarily with each member of the group named above to pay, firstly, the capital, interests and taxed costs from any final judgment rendered against the member or his representative pursuant to section 49 of the Act and, secondly, to pay any fine and costs imposed upon the member or his representative pursuant to Chapter VI of the Act.

IT IS UNDERSTOOD AND AGREED THAT the total liability of the surety under this bond or any renewal thereof is limited to the sum required of a member by section 12 or 13 as the case may be, of the Regulation respecting the application of the Act respecting the collection of certain debts.

IT IS UNDERSTOOD AND AGREED THAT, in spite of expiry of this bond, the surety remains bound thereby, provided that the civil action is instituted within the time limit stipulated in the Act and the penal proceedings within the time limit stipulated in the Code of penal procedure (chapter C-25.1) and that the act or omission which is the object of the civil judgment or penal conviction took place while this bond was in force.

IN WITNESS THEREOF we have signed and sealed at ____________________ this _____ day of ____________________ 20_____

______________________________ ______________________________

Seal of surety Signature of duly authorized person

R.R.Q., 1981, c. R-2.2, r. 1, Form N-36.

FORM N-37

(s. 21)

COMMITMENT OF THIRD PARTY AND APPLICANT

(Security)

TYPE OF SECURITY USED: AMOUNT $__________

Commitment of ______________________________, hereinafter called the surety and of ______________________________, hereinafter called the principal debtor.

We, ______________________, as principal debtor and we ______________________, as the surety, are solidarily bound to the Minister of Finance, hereinafter called the obligee, for the sum of ____________________ dollars ($__________), in legal tender of Canada, which we solidarily commit ourselves, and also our respective heirs, liquidators, administrators, successors and legal representatives, to pay to the obligee.

WHEREAS the principal debtor operates or plans to operate the business of collection agent.

WHEREAS for the operation of this business, in accordance with the Act respecting the collection of certain debts (chapter R-2.2), hereinafter called the Act, the principal debtor must furnish security in order to guarantee, firstly, the payment of the capital, interest and taxed costs from any final judgment rendered against the principal debtor or his representative pursuant to section 49 of the Act and secondly, the payment of any fine and costs imposed upon the principal debtor or his representative pursuant to Chapter VI of the Act.

IT IS UNDERSTOOD AND AGREED THAT this bond is valid for the entire duration of the permit and that the applicant may terminate the permit only by giving at least 3 months’ written notice to the president of the Office de la protection du consommateur.

IT IS UNDERSTOOD AND AGREED THAT this bond will continue to be valid in spite of any transfer of the permit of the principal debtor, made in accordance with the Act and the Regulation respecting the application of the Act respecting the collection of certain debts (chapter R-2.2, r. 1).

IT IS UNDERSTOOD AND AGREED THAT the principal debtor and the surety commit themselves solidarily with each member of the group named above to pay, firstly, the capital, interests and taxed costs from any final judgment rendered against the principal debtor or his representative pursuant to section 49 of the Act, and, secondly, to pay any fine and costs imposed upon the principal debtor or his representative pursuant to Chapter VI of the Act.

IT IS UNDERSTOOD AND AGREED THAT the total liability of the surety under this bond or any renewal thereof is limited to the sum written above.

IT IS UNDERSTOOD AND AGREED THAT, in spite of expiry of this bond, the surety remains bound thereby, provided that the civil action is instituted within the time limit stipulated in the Act and the penal proceedings within the time limit stipulated in the Code of penal procedure (chapter C-25.1) and that the act or omission which is the object of the civil judgment or penal conviction took place while this bond was in force.

IN WITNESS WHEREOF the principal debtor and the surety have signed at ____________________ this _____ day of ____________________ 20_____

______________________________ ______________________________

Principal debtor (Applicant) Surety (Third party)

R.R.Q., 1981, c. R-2.2, r. 1, Form N-37.

FORM N-38

(s. 22)

COMMITMENT OF APPLICANT

(Security)

TYPE OF SECURITY USED: AMOUNT $__________

Commitment of ______________________________ both as surety and as principal debtor and hereinafter called the applicant.

The applicant commits himself to the Minister of Finance (hereinafter called the obligee) as obligee for the sum of ______________________________ dollars ($__________), in legal tender of Canada, which he commits himself, and his heirs and legal representatives, to pay.

WHEREAS the applicant operates or plans to operate the business of collection agent.

WHEREAS for the operation of this business, in accordance with the Act respecting the collection of certain debts (chapter R-2.2), hereinafter called the Act, the applicant must furnish security in order to guarantee, firstly, the payment of the capital, interest and taxed costs from any final judgment rendered against the applicant or his representative pursuant to section 49 of the Act and, secondly, the payment of the fine and costs imposed upon the applicant or his representative pursuant to Chapter VI of the Act.

IT IS UNDERSTOOD THAT this bond is valid for the entire duration of the permit and that the applicant may terminate the permit only by giving at least 3 months’ written notice to the president of the Office de la protection du consommateur.

IT IS UNDERSTOOD THAT this bond will continue to be valid in spite of any transfer of the applicant’s permit, made in accordance with the Act and the Regulation respecting the application of the Act respecting the collection of certain debts (chapter R-2.2, r. 1).

IT IS UNDERSTOOD THAT the applicant commits himself to pay, firstly, the capital, interests and taxed costs from any final judgement rendered against the applicant or his representative pursuant to section 49 of the Act and, secondly, to pay the fine and costs imposed upon the applicant or his representative pursuant to Chapter VI of the Act.

IT IS UNDERSTOOD THAT the liability of the applicant as surety is limited to the sum written above.

IT IS UNDERSTOOD THAT the liability of the applicant as principal debtor is in no way limited by the terms of this bond.

IT IS UNDERSTOOD THAT, in spite of expiry of this bond, the applicant remains bound as surety, provided that the civil action is instituted within the time limit stipulated in the Act and the penal proceedings within the time limit stipulated in the Code of penal procedure (chapter C-25.1) and that the act or omission which is the object of the civil judgment or penal conviction took place while this bond was in force.

IN WITNESS WHEREOF the applicant has signed this ____ day of ____________________ 20___

______________________________

Applicant

R.R.Q., 1981, c. R-2.2, r. 1, Form N-38.

FORM N-39

(ss. 1 and 24)

MEMBERSHIP CERTIFICATE

Name of surety: ___________________________________________

Certificate number: ________________________________________

We, ______________________, surety for the group designated hereunder _____________________ under group guarantee bond No. ______________________________ issued on __________ day of ______________________________ 20__________, certify that ______________________________ is a member of the group and is covered by the group guarantee bond.

______________________________ ______________________________

Seal of the surety Person duly authorized

R.R.Q., 1981, c. R-2.2, r. 1, Form N-39.

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.

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