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How to Stop Collection Calls in Canada

Robert Johnson, Licensed Insolvency Trustee at Moses Advisory Group.

By Robert Johnson

Updated:

How to Stop Collection Calls in Canada.
Key takeaways

Collection calls stop when you take action, not when you ignore them. You can ask a collection agency to contact you only in writing, but the debt still exists, and the creditor can still sue. Provincial rules limit when an agency can call, how often it can call, and what it can say.

Collection calls stop for good when you file a consumer proposal or bankruptcy. Both trigger a stay of proceedings, a legal order that stops creditors and their agencies from calling, suing or garnishing your wages.

If a collection agency breaks the rules, you have the right to file a complaint with your provincial consumer protection office.

How do you stop collection calls?

In Canada, you can stop collection calls by submitting a written request to be contacted only in writing, formally disputing the debt through a verifiable method like registered mail, or by filing a consumer proposal or declaring bankruptcy.

When it comes to the frequency of calls, different provinces have specific rules regarding when collection agencies are allowed to call and how many times they can call.

Request written communication

Depending on the province or debt, you have a legal right to send a cease and desist letter so the agency has to stop calling and switch to writing only.

If your collection calls are about a loan, line of credit or credit card, federal law lets you send a cease and desist letter. You can send it to the original creditor, to a collection agency working for them, or to a lawyer working for them.

If you live in Ontario, or the agency calling you sits physically in Ontario, you can send that agency a cease and desist letter under Ontario law.

And if you live in Alberta, New Brunswick, the Northwest Territories, Nova Scotia, Nunavut or Quebec, you can send a cease and desist letter to any collection agency calling you, under your own province’s law.

Report illegal collection calls

Know the rules and hold the collection agency accountable. Collection agencies are licensed and regulated by the province or territory. In some provinces, they can only call set hours and a set number of times within those hours.

For example, in Ontario, collection agencies may call you Monday to Saturday from 7 a.m. to p.m. On Sundays, calls are permitted only between 1 p.m. and 10 p.m.

Province or territoryMonday to SaturdaySunday
Alberta7 a.m. to 10 p.m.7 a.m. to 10 p.m.
British Columbia7 a.m. to 9 p.m.1 p.m. to 5 p.m.
Manitoba7 a.m. to 9 p.m.Not allowed
New Brunswick7 a.m. to 9 p.m.1 p.m. to 5 p.m.
Newfoundland and Labrador8 a.m. to 10 p.m.8 a.m. to 10 p.m.
Nova Scotia8 a.m. to 9 p.m.Not allowed
Ontario7 a.m. to 9 p.m.1 p.m. to 5 p.m.
Prince Edward Island8 a.m. to 9 p.m.Not allowed
Quebec8 a.m. to 8 p.m.Not allowed
Saskatchewan8 a.m. to 9 p.m.Not allowed

If a collection agency calls outside the permitted hours, file a complaint with the consumer affairs office in your province or territory.

Dispute the debt with the collection agency

To dispute a debt, send a formal letter or email using a method that can be verified. Clearly state that you dispute the debt and suggest that they take the matter to court. Once you do this, they are legally prohibited from continuing to call you about it.

Legal stay of proceedings

Work with a Licensed Insolvency Trustee to file a consumer proposal or bankruptcy. A stay of proceedings takes effect under the Bankruptcy and Insolvency Act and legally stops all contact from creditors and debt collection agencies. The moment you file, creditors can’t start or continue any collection actions, so the calls, the letters, the lawsuits and any wage garnishment stop.

Source: Government of Canada – Bankruptcy and Insolvency Act, Section 69

A consumer proposal lets you repay part of your unsecured debt over up to five years, and your creditors forgive the rest. A bankruptcy clears most unsecured debts, and if you don’t have to pay surplus income, can be completed in nine months. A Licensed Insolvency Trustee is the only person who can file either.

What collection agencies can and can’t do

Collection agencies operate on commission, which motivates them to keep calling, but there are rules. Each province sets the hours they can call, how often they can call, and how they behave.

They can’t threaten you, use abusive language, or call outside the permitted hours. They can’t discuss your debt with your family, friends or employer, beyond a single call to your employer to confirm you work there.

Here’s how the rules compare in Ontario and Alberta.

OntarioAlberta
Notice before first contact6 days after a written noticeWritten notice required
Contact limit3 times in 7 days per creditor3 unsolicited contacts in 7 days
Monday to Saturday calling hours7 a.m. to 9 p.m. weekdays and Saturday7 a.m. to 10 p.m. any day
Sunday calling hours1 p.m. to 5 p.m. onlySame as other days
Statutory holidaysNo callsNo separate restriction

Source: Government of Ontario – Stop collection agency calls; Government of Alberta – Collection agencies and debt repayment

In British Columbia, you can ask a collection agency to communicate in writing through Consumer Protection BC. Most other provinces ban unreasonable or excessive contact without setting a fixed number, so repeated daily calls or calls at odd hours are not allowed.

Source: Consumer Protection BC

How to send a cease and desist letter

A cease and desist letter is a formal notice telling an agency to stop calling you. Depending on your province, you can request that they contact you only in writing, communicate with your lawyer, or state your dispute of the debt and your intent to take it to court. Send it using a traceable method, keep a copy, and check your province’s rules, as some methods may require registered mail.

For a debt on a loan, line of credit or credit card, you have this right no matter where you live. You can send it to either the original creditor, a collection agency working on their behalf, or a lawyer representing them.

Source: Government of Canada – Credit Business Practices Regulations (SOR/2009-257), Section 7; Financial Consumer Agency of Canada – Debt collection: know your rights

Not every province’s collection law grants this cease and desist right. If you’re in Manitoba, Saskatchewan, Newfoundland and Labrador, Prince Edward Island or Yukon, check your provincial rules first. The federal route above still works for a loan, line of credit or credit-card debt no matter where you live. You can find cease and desist letter templates here.

Don’t admit you owe the debt in the letter. A written acknowledgement can restart the statute of limitations, giving the creditor more time to sue you.

Can they call you at work?

A collection agency can contact your employer once to confirm you work there. They can’t tell your employer what the call is about or discuss your debt with them.

Many provinces and territories limit collection agencies from calling you at your workplace.

What to do if the calls don’t stop after you file a consumer proposal or bankruptcy

Tell the caller you’ve filed and give them your Licensed Insolvency Trustee’s name and number. If the calls don’t stop, let your Licensed Insolvency Trustee know so they can resolve it. You can also report an agency that breaks the rules to your provincial consumer protection office.

Source: Government of Canada – Federal, provincial and territorial consumer affairs offices

Why ignoring the calls doesn’t work

Avoiding phone calls might seem like a relief, but while a debt is in collections, the collection agency reports the missed payments to the credit bureaus and your credit score drops.

If the debt is still within the statute of limitations, the creditor has the right to sue you. A judgment against you can result in wage garnishment or a lien being placed on your property. Even if the debt is outside the statute of limitations, it’s important to raise the expired limitation period as a defence. If you don’t, a default judgment may be issued against you.

Act quickly to prevent further damage. If you want to see where stopping payment actually leads, here’s what happens when you stop paying a credit card.

Frequently asked questions

How do I stop collection calls fast?

If you want the collection calls to stop, you can send a cease and desist letter to instruct collection agencies to stop calling. Most provinces give you this right.

Under federal law, if you are receiving calls about a loan, line of credit, or credit card, you can send a cease and desist letter to your original creditor, a collection agency, or a lawyer representing them.

If you want to stop calls and resolve the debt legally, you can file a consumer proposal or a bankruptcy, which triggers a legally binding stay of proceedings.

How many times can a collection agency call me in a week?

In Ontario and Alberta, no more than three times in any seven-day period. Ontario counts it per creditor.

Can I just ignore collection calls?

Ignoring a collection agency results in the debt being reported to the credit bureaus, and the creditor can sue and seek a wage garnishment.

Will paying the debt stop the calls?

Yes. Paying the debt closes the account. If you can’t afford to pay in full, a Licensed Insolvency Trustee can show you options that cost less.

Does a consumer proposal stop all collection calls?

Yes. Filing a consumer proposal triggers a stay of proceedings that legally stops all creditor contact, including calls, lawsuits and garnishments.

Does a cease and desist letter cancel my debt?

No. It stops the phone calls, but you still owe the money. The creditor can keep contacting you by mail, sue you, or pass the debt to another agency, and that new agency will require you to send a new letter. The best way is to address the issue and resolve the debt.

How long can a collection agency keep trying to collect?

There’s no time limit on contact. The limitation period only limits how long a creditor has to sue, not how long they can call. It’s two years in most provinces, three in Quebec, and six in Newfoundland and Labrador, Prince Edward Island, Yukon, the Northwest Territories and Nunavut.

How do I check a collection agency is legitimate?

Every province requires agencies to be licensed. Ask for the agency’s name and licence, and confirm it with your provincial consumer protection office before you share any information or pay anything.

Source: CollectionAgencies.ca – How to verify a collection agency’s licence

Talk to a Licensed Insolvency Trustee to stop collection calls

A Licensed Insolvency Trustee can stop collection calls, and the first conversation is free. They’ll look at your debt, explain your options, and tell you exactly what to do. Book a free consultation or call 1-587-701-5681.

Not sure which path is right for you?

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Robert Johnson, Licensed Insolvency Trustee at Moses Advisory Group.

Robert Johnson, CPA, CA, CIRP, Licensed Insolvency Trustee

Robert Johnson is a Licensed Insolvency Trustee (LIT) with Moses Advisory Group Inc. He brings over 20 years of experience and has helped thousands of Canadians resolve their debt through consumer proposals, bankruptcy, and debt restructuring. Robert is licensed by the Office of the Superintendent of Bankruptcy and is a member of CAIRP, the Canadian Association of Insolvency and Restructuring Professionals.

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