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ARTICLE · 04 NOVEMBER 2005

Debt Collection

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Approximately one year ago the Business Practices and Consumer Protection Act (the "Act") was proclaimed into force.

CanadaLitigation, Mediation & Arbitration
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By D. Ross McGowan, Blair A. Rebane and Robert Dawkins

Originally published September 2005

Approximately one year ago the Business Practices and Consumer Protection Act (the "Act") was proclaimed into force. The Act imposed new restrictions on creditors and debt collectors’ ability to obtain consumer credit reports and prohibited certain debt collection practices. The Act implemented significant changes but received relatively little fanfare. Commercial creditors and landlords ought to ensure that they review and amend their practices to facilitate efficient and cost effective debt collection in compliance with the new regime.

A . CREDIT REPORTS

Credit reports are critical documents in debt collection, assisting collectors in locating debtors, assessing ability to pay, and identifying assets that may be subject to court order enforcement proceedings or garnishment. To access credit reports for individual consumers, one requires consent, however commercial credit reports may be

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