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Selecting a Collection Agency in Canada
If your company carries Canadian trade receivables, it's inevitable you will require the debt collection services of a licensed Canadian collection agency. When that day comes being aware of the correct procedures to collect debt in Canada from Canadian business and consumers will give you the best chance for success without running into a myriad of legal problems.

Many US collection agencies claim they can collect in Canada. In reality, very few can do it legally.

The Canadian version of the FDCPA includes commercial as well as consumer debt and is enforced at the provincial level.

Collection agencies engaged in Canadian debt recovery must meet the following criteria:
  1. Hold a valid provincial agency license
  2. Maintain yearly audited financial statements
  3. Post minimum bond requirements by province

This criteria is common amongst all Canadian provincial legislation, however there are many other requirements per province that are not mentioned.

If your company is serious about developing and maintaining long term business transactions in Canada, it is strongly recommended that you engage the services of a professional debt collection agency that is legally entitled to work in Canada. Ask your agency for copies of their provincial licenses and bonds. It may make good business sense to retain a Canadian collection agency directly to avoid the potentially higher commissions charged by US agencies for international accounts.

Due diligence should be exercised when choosing a Canadian collection agency.

Here is a simple 8 point checklist that an agency collecting in Canada should have as a minimum:
  1. Are they licensed in the jurisdiction where your customer operates?
  2. Do they belong to a professional industry association such as the International Association of Commercial Collectors (IACC) or ACA International (ACA)?
  3. Does the agency maintain Errors and Omissions insurance?
  4. Is the agency capable of reporting to all credit reporting agencies in Canada?
  5. Does the agency maintain a US dollar client trust account to avoid currency exchange problems?
  6. Can the agency provide secure web access to your accounts to assist you with Sarbanes-Oxley compliance?
  7. Does the agency provide a North American toll free telephone number?
  8. Do agency personnel speak fluent English?

If you have any questions or need more information, don't be afraid to ask. Simply click on the $ and choose your contact option. 
Did you know?
  • In the Yukon BEFORE communicating with Yukon residents a collection agency must hold a valid collection agency license issued under the Yukon Consumers Protection Act.

  • In the Province of Alberta (AB) a personal guarantee MUST be notarized or sworn before a Commissioner of Oaths to be valid

  • In Saskatchewan It is illegal for a collection agency to use a collection letter unless the collection letter has been filed with the Saskatchewan Registrar and approved by the Registrar

  • In Canada, criminal law is a matter of federal law under the federal Criminal Code, whereas in the United States, criminal laws are largely a matter of state law, except for matters falling under federal jurisdiction.

  • In Manitoba BEFORE communicating with Manitoba residents a collection agency must hold a valid collection agency license issued under the Manitoba Consumer Protection Act.

Did you know?
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