What are your rights when a collection agency calls?
In short
Collection agencies are licensed and regulated province by province. Every province restricts when and how often an agency may contact you, requires written notice before calling, and bars harassment or misrepresentation. Complaints go to the provincial regulator that issued the agency its licence.
Updated
What do these protections generally cover?
Every province and territory that licenses collection agencies applies its rules to a fairly consistent set of situations, even though the specific numbers — hours, notice periods, contact limits — differ from one place to the next and change over time as legislatures update them.
This page deliberately does not repeat call-frequency limits or cooling-off periods as numbers, because they are provincial, they are not uniform, and a figure that is accurate in one province can be wrong — and misleading — in another. Your own province's regulator page is the place to read the actual limit that applies to you.
Who and what these rules generally cover
- Type of contact covered
- An agency collecting a personal debt on its own behalf or on behalf of another creditor
- Licensing requirement
- A collection agency operating in a province is generally required to hold that province’s licence
- Whose rules apply
- Generally the rules of the province where you live, not necessarily where the agency is based
- What this page does not quote
- Specific call-frequency limits or cooling-off periods — they differ by province and are not repeated here as numbers
What generally happens, step by step, once an account goes to collections?
The broad sequence is similar across the country, even though the specific timing at each stage is set provincially.
- 01
The original creditor collects internally first
Before a separate agency is involved, most creditors first attempt to collect through their own internal collections department.
- 02
The account is placed with a licensed agency
The creditor assigns or sells the account to a collection agency licensed in the province where you live.
- 03
Provinces commonly require written notice
Many provincial regimes require the agency to send written notice identifying the debt and the agency before or shortly after contact begins.
- 04
Contact continues within provincial limits
The agency may call or write within the limits its province sets on hours, frequency and who else it may contact.
- 05
Escalation if the account stays unresolved
An unresolved account can eventually be referred further or become the basis for legal action, subject to the province's limitation period.
- 06
A federal filing changes the picture
Filing a consumer proposal or bankruptcy with a trustee triggers a stay of proceedings that stops most of this unsecured activity.
How does provincial collection law compare with a federal insolvency filing?
These are two different kinds of protection, from two different levels of government, and confusing them is what leads people to expect the wrong thing from either one.
Provincial collection law does not stop contact — it regulates how that contact happens, and the specific rules vary by where you live. A federal insolvency filing works differently: it does not regulate contact, it stops most of it outright, because filing triggers a stay of proceedings under the Bankruptcy and Insolvency Act that applies uniformly no matter which province the filing is made in.
| Provincial collection regulation | A federal insolvency filing | |
|---|---|---|
| What it governs | How and when a licensed collection agency may contact you | Whether unsecured collection activity can continue at all |
| Who administers it | The provincial or territorial consumer-protection regulator that licenses agencies | A Licensed Insolvency Trustee, licensed federally by the Office of the Superintendent of Bankruptcy |
| Effect on collection contact | Restricts how and when contact happens; does not stop it | Triggers a stay of proceedings that stops most unsecured collection activity |
| Does it vary by province? | Yes — each province or territory sets its own rules and its own regulator | No — the Bankruptcy and Insolvency Act is the same federal law wherever it applies |
What it governs
- Provincial collection regulation
- How and when a licensed collection agency may contact you
- A federal insolvency filing
- Whether unsecured collection activity can continue at all
Who administers it
- Provincial collection regulation
- The provincial or territorial consumer-protection regulator that licenses agencies
- A federal insolvency filing
- A Licensed Insolvency Trustee, licensed federally by the Office of the Superintendent of Bankruptcy
Effect on collection contact
- Provincial collection regulation
- Restricts how and when contact happens; does not stop it
- A federal insolvency filing
- Triggers a stay of proceedings that stops most unsecured collection activity
Does it vary by province?
- Provincial collection regulation
- Yes — each province or territory sets its own rules and its own regulator
- A federal insolvency filing
- No — the Bankruptcy and Insolvency Act is the same federal law wherever it applies
How is a collection agency actually paid?
A collection agency is normally paid by the original creditor, either as a share of what it recovers or through an outright sale of the debt to the agency, which then collects for itself. You are not billed separately by the agency for the fact that it is calling you.
That is a different arrangement from a debt-settlement company, which is paid by you, the consumer, under provincial fee rules once a settlement is actually reached — not by the creditor. Confusing the two can lead someone to expect a collection call to end because they are "paying it off," when the underlying account has, in fact, changed hands.
What does a collections account do to your credit file?
The move to collections itself is usually a symptom rather than a new event on your file — by the time an account reaches an agency, it has typically already been reported as late for some time.
What Canada’s credit bureaus keep, and for how long
- A late or unpaid account
- Can be reported for up to 6 yearsFinancial Consumer Agency of Canada
- Being contacted by a collection agency
- Is not itself a separate reported event — it is the underlying account status that is reported
What is generally restricted?
Provinces commonly require a written notice before telephone contact begins, restrict calls to certain hours and days, limit contact with your employer or family to confirming employment or obtaining an address, and prohibit threatening or misleading statements.
This is general information about how the regimes are structured, not advice about your situation. The precise rules, hours and notice periods differ by province and change over time — read your own province's regulator page before relying on a specific number.
Where do you complain?
To the provincial body that licenses collection agencies where you live: Consumer Protection Ontario, Consumer Protection BC, Service Alberta, Manitoba's Consumer Protection Office, Saskatchewan's Financial and Consumer Affairs Authority, Service Nova Scotia, or the Office de la protection du consommateur in Quebec.
Keep a simple record before you complain: the date and time of each contact, the number or address it came from, and what was said. A regulator can act far more effectively on a specific, dated pattern than on a general impression that the calls feel excessive.
Does the debt go away if you ignore it?
No. Ignoring collection activity does not remove the obligation, and it can lead to legal action. Provinces do set limitation periods for suing on a debt, but acknowledging or paying can restart the clock — which is why this is a question for a trustee or a lawyer, not for us.
Frequently asked questions
- Can a collection agency call my employer?
- Provinces generally allow contact with an employer only to confirm employment or obtain an address, not to discuss the debt. The exact limits are provincial — check your own regulator's page.
- Can I ask them to contact me in writing only?
- Several provinces provide a mechanism to require written contact or to direct the agency to your lawyer. The mechanism and its form differ by province, so check the regulator's guidance for yours.
- Does filing with a trustee stop the calls?
- Filing a consumer proposal or bankruptcy triggers a stay of proceedings that stops most unsecured collection activity. That follows from the filing itself and is handled by the trustee.
- Does an agency have to identify the debt and itself?
- Provincial regimes commonly require written notice identifying the agency and the debt before or shortly after contact begins. The exact form and timing of that notice is set by your own province.
- What if I think the agency is not licensed?
- Contact the provincial regulator directly with the agency's name and ask it to confirm the licence. Do not rely on a licence number the agency itself provides without checking it independently.
- Is a phone call the same thing as a lawsuit?
- No. A call is informal contact governed by provincial collection rules. A lawsuit is a formal court proceeding, subject to the province's limitation period, and is a separate step an agency or creditor may or may not take.