The Collection Agency Act

Transcription

1 The Collection Agency Act being Chapter 229 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Application for licence 4 Bond by applicant 5 Issue of license 6 Permit 7 Renewal of licence and permit 8 Suspension and revocation of or permit 9 Unlicensed persons 10 Proceedings to enforce bond 11 Offences and penalties

3 CHAPTER 229 An Act for the Licensing of Collection Agents Short title 1 This Act may be cited as The Collection Agents Act. R.S.S. 1930, c.186, s.1; R.S.S. 1940, c.229, s.1. Interpretation 2 In this Act, unless the context otherwise requires, the expression: Collection agent 1. Collection agent means a person who by himself, his agent or representative, collects debts for others, as his principal business; Minister 2. Minister means the Provincial Secretary; Person 3. Person includes a partnership. R.S.S. 1930, c.186, s.2; R.S.S. 1940, c.229, s.2. Application for licence 3(1) A person desiring to carry on the business of a collection agent in Saskatchewan, whose chief place of business is outside Saskatchewan, shall make application in writing to the minister for a licence for that purpose. (2) The application shall be in such form as may be prescribed by the Lieutenant Governor in Council. R.S.S. 1930, c.186, s.3; R.S.S. 1940, c.229, s.3. Bond by applicant 4(1) Where the application is approved, the applicant shall enter into a bond for $2,000 to His Majesty with one or more sufficient sureties conditioned as set forth in regulations to be prescribed by the Lieutenant Governor in Council, such bond to be approved by the minister. (2) The minister may at any time require such additional bond to be given as he deems necessary. R.S.S. 1930, c.136, s.4; R.S.S. 1940, c.229, s.4. Issue of license 5(1) Upon the approval of the bond and upon payment of a licence fee of $10, the minister may issue a licence authorizing the applicant to carry on the business of a collection agent until the expiration of the current licence year. (2) The licence shall be in such form as may be prescribed by the Lieutenant Governor in Council. R.S.S. 1930, c.186, s.5; R.S.S. 1940, c.229, s.5.

4 4 c. 229 COLLECTION AGENTS Permit 6(1) The minister may, upon the written application of a collection agent and upon payment of a fee of $1, issue a permit to any person to act as an agent or representative of the collection agent. (2) Every holder of a permit shall, while actually engaged in the duties of agent or representative of a collection agent, carry his permit on his person and shall, upon request by a departmental inspector, police officer or police constable, immediately produce the same for examination and furnish such inspector, police officer or police constable with any information which he requires in the performance of his duties. R.S.S. 1930, c.186, s.6; R.S.S. 1940, c.229, s.6. Renewal of licence and permit 7 Every licence and permit issued under this Act shall expire on the thirty-first day of December following the date of issue, and shall be renewable from year to year on payment of a fee of $10 in case of a licence and $1 in case of a permit and on compliance with the provisions of this Act and of any regulations made thereunder. R.S.S. 1930, c.136, s.7; R.S.S. 1940, c.229, s.7. Suspension and revocation of or permit 8 If at any time the minister considers that it is in the public interest that a licence or permit be suspended or revoked, he may so recommend to the Lieutenant Governor in Council who may suspend or revoke the same. R.S.S. 1930, c.186, s.8; R.S.S. 1940, c.229, s.8. Unlicensed persons 9(1) No person whose chief place of business is outside Saskatchewan shall act or engage in business within Saskatchewan as a collection agent unless he is the holder of a valid and subsisting licence. (2) No person shall within Saskatchewan act as agent or representative of a collection agent whose chief place of business is outside Saskatchewan, unless such collection agent is duly licensed and unless such person is the holder of a valid and subsisting permit, under this Act. R.S.S. 1930, c.186, s.9; R.S.S. 1940, c.229, s.9. Proceedings to enforce bond 10(1) If the minister finds that a collection agent has failed to pay to his principal any amount collected for him, less the commission due for the collection, he may require the sureties to pay the deficiency and in default of their doing so may take proceedings to enforce the bond for the benefit of the principal employing the collection agent, or he may assign the bond to the principal if deemed expedient. (2) Where a collection agent has made an assignment for the general benefit of creditors or has been adjudged a bankrupt, the minister may assign the bond to the trustee in bankruptcy for the benefit of creditors in Saskatchewan whose debts the collection agent has collected but has not paid over. R.S.S. 1930, c.136, s.10; R.S.S. 1940, c.229, s.10.

5 COLLECTION AGENTS c Offences and penalties 11 Every person who violates any of the provisions of this Act or of any regulation made thereunder shall be guilty of an offence and shall, in addition to any other punishment prescribed by law, be liable on summary conviction to a fine of not more than $500. R.S.S. 1930, c.186, s.11; R.S.S. 1940, c.229, s.11.

6 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER