How to Stop Collection Calls at Work in Canada

Proactive response to collection calls

Regardless of whether or not you are entitled to legal protection from workplace collection calls, you can take action to address them.

In some scenarios, you might be able to send a cease and desist letter to the entity making the collection calls, after receipt of which no further collection calls are legally permitted.

You can also take advantage of one or more tactics for avoiding collection calls, more specifically avoiding a collector's demand for payment. This includes hanging up on the collector.

Phone calls to your employer and co-workers

This article covers workplace collection calls between you and a debt collector. The focus of this article is not telephone conversations between a collector and the debtor’s employer or the debtor’s co-workers. Collection agencies face major restrictions when speaking with anyone other than the person responsible for a debt.

Firstly, it is illegal for a collection agency to disclose the existence of a debt to anyone other than the person legally responsible for the debt. Secondly, many provinces and territories severely restrict communications between a collection agency and a debtor’s employer. Finally, Canadian law typically limits a collector to requesting a debtor’s contact information from a debtor’s co-workers.

Tell the collector you do not consent to a workplace call

With the exception of Newfoundland, virtually every Canadian province and territory permits workplace collection calls if you consent to the call.

If you receive a collection call at work, expressly state that you are not consenting to the phone call with the collector.

You may be entitled to an audio recording of collection calls

If you live in Ontario, or you are receiving collection calls from a collection agency physically located within Ontario, then the collection agency calling you must record all of its phone calls with you, as long as the collection agency employs a minimum of ten collectors.

Under section 31 of General, RRO 1990, Reg 74, enacted under the Ontario Collection and Debt Settlement Services Act, RSO 1990, c C.14, a collection agency required to record its collection calls must retain an audio recording of these calls for a period of one year. If you make a written request to the collection agency, it must provide an audio recording of these collection calls.

Source: Government of Ontario – General, RRO 1990, Reg 74, section 31

Scope of protection under Ontario law

Each province and territory not only licenses collection agencies but also grants certain protections to its residents. The Ontario law, the Ontario Collection and Debt Settlement Services Act, is unique. The legal protections afforded under this Act are available to not only Ontario residents but also to any Canadian who is receiving collection calls originating from a collection agency physically within Ontario.

Part One: Restrictions on workplace collection calls

This part covers legal restrictions on collection agencies making collection calls to your workplace.

Jurisdictions with no specific workplace restrictions

The following Canadian jurisdictions have no specific restrictions on collection calls to your workplace:

• Manitoba
• Nova Scotia
• Ontario
• Saskatchewan
• Yukon

Outright ban on calls to a debtor's workplace

Paragraph 12(1)(a) of the Newfoundland Collections Regulations, CNLR 986/96, enacted under the Newfoundland Collections Act, RSNL 1990, c C-22, bans any and all phone calls from a collection agency to your workplace.

Under Newfoundland law, it is illegal for a collector to call you at your workplace even if you consent to the call.

Source: Newfoundland and Labrador – Collections Regulations, CNLR 986/96

Virtual ban on calls to a debtor's workplace

New Brunswick and Prince Edward Island both ban collection calls to you at your workplace except with your consent.

Paragraph 14(1)(c), General Regulation, NB Reg 84-256, enacted under the New Brunswick Collection and Debt Settlement Services Act, RSNB 2011, c 126

Paragraph 5(e)(ii), Collection Agencies Act Regulations, PEI Reg EC450/95, enacted under Prince Edward Island's Collection Agencies Act, RSPEI 1988, c C-11

One workplace phone call restriction

The following provinces and territories permit one workplace collection call from a collector at a collection agency in limited circumstances:

• British Columbia
• Northwest Territories
• Nunavut
• Quebec

As noted earlier, collection calls to your workplace are permitted in these jurisdictions if you consent to the call.

These four jurisdictions have virtually identical restrictions on workplace calls.

The collection agency may telephone you at your workplace on one occasion if either the collection agency does not have your contact information where you may be reached, or the collector has made several unsuccessful attempts to contact you at a telephone number you provided.

One workplace collection call restriction chart

Arrange for a call at another phone number restriction

Under Alberta law, if you live in Alberta you can stop workplace collection calls by doing all of the following:

1. Request the collector not to contact you at your workplace
2. Make reasonable arrangements to discuss the debt
3. Discuss the debt in accordance with those arrangements

Alberta law requires you to make reasonable arrangements to have a telephone conversation with a collector at an alternative phone number.

Paragraph 12(1)(o)(i), (ii), and (iii), Collection and Debt Repayment Practices Regulation, Alta Reg 194/1999, enacted under the Alberta Consumer Protection Act, RSA 2000, c C-26.3

Part Two: Prohibition against more than 3 collection calls in a 7-day period

If you are receiving collection calls at your workplace, you may be able to take advantage of certain laws in Canada that prohibit collection agencies from calling you more than three times during a seven-day period. These restrictions apply to any collection calls and are not limited to workplace collection calls.

To take advantage of these laws, you must fall within one or more of the following categories:

1. You are an Ontario resident
2. You are receiving collection calls from a collection agency located physically within Ontario
3. You are an Alberta resident
4. You are a Nova Scotia resident

No more than three collection calls in a seven-day period chart

Part Three: Collection calls with such frequency as to constitute harassment

Every province and territory in Canada has a law licensing collection agencies that also contains provisions prohibiting certain conduct by collectors. Every one of these laws contains a provision prohibiting a collection agency from making collection calls with such frequency as to constitute harassment.

This prohibition against harassment due to the frequency of calls applies to any collection calls and is not limited to workplace collection calls.

Provisions prohibiting harassing phone calls

Laws prohibiting collection calls with such frequency as to constitute harassment are not particularly clear about what specific conduct constitutes harassment.

If your goal is to file a written complaint with a government regulator or commence a lawsuit based on these harassment prohibitions, you should try to gather evidence supporting your position. This may include:

• Keeping a log of your phone calls from a collection agency, including dates, times, and any other relevant details
• Recording phone calls from a collection agency yourself
• Demanding audio recordings of phone calls from a collection agency, where available
• Written statements from people other than you who spoke to a collector

What can I do if a collection agency is calling me illegally?

If a collection agency is calling you illegally, there are a number of things you can do. Firstly, if you are an Ontario resident, or you are receiving collection calls from a collection agency located within Ontario, you can contact the collection agency in writing and demand a copy of all audio recordings of its phone calls with you over the past 12 months.

Secondly, you can file a complaint with the government regulator responsible for regulating the conduct of collection agencies where you live. Furthermore, if you live outside Ontario, but you are receiving collection calls from a collection agency within Ontario, you can also file a complaint with the Ontario Government.

Please note that some Canadian regulators require that you file a written complaint with a collection agency before they will process a complaint against that collection agency.

Thirdly, you can provide a copy of your complaint to senior management at your creditor. Some creditors do care about the conduct of collection agencies collecting monies on their behalf. A collection agency with a history of racking up debtor complaints risks losing a creditor-client.

Finally, you might want to consider suing both the collection agency and its creditor-client. If you do so, it is recommended that you hire a legal professional to represent you. The amount of monetary damages you could potentially win will depend upon the level of harm you have experienced. Please note that if you commence a lawsuit you should anticipate that your creditor will countersue you for the amount that you owe them.