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"Point in Time" Regulation Content

Business Practices and Consumer Protection Act

Debt Collection and Repayment Regulation

B.C. Reg. 295/2004

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Title April 1, 2016
Section 1 April 1, 2016
Section 1.1 April 1, 2016
Section 2 April 1, 2016
Section 5 April 1, 2016
Section 6 April 1, 2016
Section 8 April 1, 2016
Section 9 April 1, 2016
Section 12 April 1, 2016
Section 14 April 1, 2016
Section 15 April 1, 2016

 Title BEFORE amended by BC Reg 231/2015, effective April 1, 2016.

Debt Collection Industry Regulation

 Section 1 definition of "Act" BEFORE amended by BC Reg 231/2015, effective April 1, 2016.

"Act", except in section 3 (h), means the Business Practices and Consumer Protection Act;

 Section 1, definition of "debt pooler" BEFORE repealed by BC Reg 231/2015, effective April 1, 2016.

"debt pooler" has the same meaning as in section 125 [definitions] of the Act;

 Section 1, definition of "debt repayment agent" was added by BC Reg 231/2015, effective April 1, 2016.

 Section 1.1 (c) BEFORE amended by BC Reg 231/2015, effective April 1, 2016.

(c) the business and occupation described in the definition of "debt pooler" in section 125 of the Act.

 Section 2 (2) BEFORE amended by BC Reg 231/2015, effective April 1, 2016.

(2) Sections 115 [disclosure to debtor] and 121 (1) and (2) [legal proceedings] of the Act do not apply to a creditor collecting or attempting to collect a debt owed to the creditor.

 Section 5 (b) BEFORE amended by BC Reg 231/2015, effective April 1, 2016.

(b) a copy of every document or other form of written communication that the applicant uses or intends to use in collecting, negotiating or demanding payment of a debt.

 Section 6 BEFORE repealed by BC Reg 231/2015, effective April 1, 2016.

Licence application fees

6   (1) Subject to any applicable fees set by the administrative authority, a person must submit the following licence application fee with the person's application for a licence:

(a) subject to paragraph (b), if the application is for a licence for a principal location, a fee of $325;

(b) if the application is for a renewal of a licence for a principal location and the gross annual collections of the applicant total

(i) less than $250 000, a fee of $300,

(ii) $250 000 or more but less than $500 000, a fee of $500,

(iii) $500 000 or more but less than $1 000 000, a fee of $1 000, or

(iv) $1 000 000 or more, a fee of $1 500;

(c) if the application is for a licence for a location other than the principal location, a fee of $300;

(d) subject to paragraph (e), if the applicant is employed by a licensee, a fee of $125;

(e) if the application is for a renewal of a licence and the applicant is employed by a licensee, a fee of $100.

(2) For the purposes of subsection (1), if an applicant carries on business at only one location in British Columbia, that location is the applicant's principal location.

 Section 8 (1) BEFORE amended by BC Reg 231/2015, effective April 1, 2016.

(1) A bailiff, collection agent and debt pooler must have a licence for each location from which the bailiff, collection agent or debt pooler conducts business in British Columbia.

 Section 9 (1) (b) BEFORE amended by BC Reg 231/2015, effective April 1, 2016.

(b) deposit all money collected from a debtor, or received on behalf of a creditor, in the trust account;

 Section 9 (1.1) was added by BC Reg 231/2015, effective April 1, 2016.

 Section 9 (2) (c) BEFORE amended by BC Reg 231/2015, effective April 1, 2016.

(c) to make a payment under section 126 (2) of the Act.

 Section 12 (2) (i) BEFORE amended by BC Reg 231/2015, effective April 1, 2016.

(i) 10% of the gross amount collected by the licensee for the preceding calendar year or other period approved under section 10, less the commissions applicable to the amount collected, rounded up to the nearest $1 000, and

 Section 14 was enacted by BC Reg 231/2015, effective April 1, 2016.

 Section 15 was enacted by BC Reg 231/2015, effective April 1, 2016.