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O. Reg. 320/18: ADMINISTRATIVE PENALTIES

filed April 23, 2018 under Collection and Debt Settlement Services Act, R.S.O. 1990, c. C.14

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ontario regulation 320/18

made under the

Collection and Debt Settlement Services Act

Made: April 19, 2018
Filed: April 23, 2018
Published on e-Laws: April 24, 2018
Printed in The Ontario Gazette: May 12, 2018

Amending O. Reg. 461/17

(ADMINISTRATIVE PENALTIES)

1. Subsection 1 (1) of Ontario Regulation 461/17 is amended by adding “that is prescribed in Regulation 74 of the Revised Regulations of Ontario, 1990 (General) made under the Act” after “the Act or the regulations”.

2. (1) Subsection 2 (1) of the Regulation is revoked and the following substituted:

(1) Except for a provision that is listed in Column 1 of Table 1, the amount of the administrative penalty that may be imposed in an order in respect of a contravention of a provision that is prescribed in Regulation 74 of the Revised Regulations of Ontario, 1990 (General) made under the Act is $200 for each time that the contravention occurred.

(2) Subsection 2 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) Subject to subsection (4), for each provision listed in Column 1 of Table 1, the amount of the administrative penalty that may be imposed in an order in respect of a contravention of the provision is,

. . . . .

(3) Subsection 2 (3) of the Regulation is amended by striking out “preceding” and substituting “first”.

(4) Subsections 2 (4) and (5) of the Regulation are revoked and the following substituted:

(4) If an assessor issues an order in respect of the contravention of a provision listed in any of items 1, 7 to 12, 15 to 17 and 38 of Column 1 of Table 1 and if the contravention has been continuing for two or more consecutive days, the order shall be in respect of the entire period and shall treat the continuing contravention as a single contravention.

(5) Subsection 2 (4) of the Regulation, as remade by subsection (4), is amended by striking out “and 38” and substituting “38, 43 and 44”.

(6) Items 6 to 38 of Table 1 of section 2 of the Regulation are amended by striking out “Ontario Regulation 74” wherever that expression appears in Column 1 and substituting in each case “Regulation 74 of the Revised Regulations of Ontario, 1990”.  

(7) Table 1 of section 2 of the Regulation is amended by adding the following items:

 

39.

Subsection 31 (1) of Regulation 74 of the Revised Regulations of Ontario, 1990

Collection agency that employs or appoints 10 or more collectors or authorizes 10 or more collectors to act fails to record phone calls that are made or received by the agency or by the collector and that relate to the collection of a debt of a debtor.

40.

Subsection 31 (2) of Regulation 74 of the Revised Regulations of Ontario, 1990

Collection agency fails to record phone calls as required by subsection 31 (1) of the Regulation in a format that is readily accessible.

41.

Subsection 31 (4) of Regulation 74 of the Revised Regulations of Ontario, 1990

Collection agency or collector that makes or receives a phone call described in subsection 31 (1) of the Regulation fails to advise the person to whom the call is made or from whom a phone call is received that the call is being recorded to comply with the Act.

42.

Subsection 31 (5) of Regulation 74 of the Revised Regulations of Ontario, 1990

Collection agency that records a phone call as required by subsection 31 (1) of the Regulation fails to retain the recording for one year after the day the call is made or received.

43.

Subsection 31 (7) of Regulation 74 of the Revised Regulations of Ontario, 1990

Collection agency fails to respond, as required, to a person who requests a copy of a recording of a phone call.

44.

Subsection 31 (9) of Regulation 74 of the Revised Regulations of Ontario, 1990

Collection agency fails to respond, as required, to the Registrar who requests a copy of a recording of a phone call.

 

3. Section 3 of the Regulation is revoked and the following substituted:

Service of order

3. An order made under subsection 29.0.1 (1) of the Act is deemed to have been served,

(a) on the day it is given, if it is given by personal service;

(b) on the day it is sent by e-mail, if it is sent by e-mail; or

(c) on the third day after it is mailed, if it is sent by registered mail.

Time for payment

4. An order imposing an administrative penalty shall specify that the person is required to pay the penalty within 30 days of being served with the order imposing the penalty.

Appeal of order

5. (1) For the purposes of subsection 29.0.2 (1) of the Act, the person to whom a person may appeal an order made under subsection 29.0.1 (1) of the Act shall be the Director.

(2) For the purposes of subsection 29.0.2 (7) of the Act, the Director shall not vary the amount of the administrative penalty imposed by the order unless,

(a) the amount imposed by the order was not in accordance with the amounts set out in section 2 of this Regulation; and

(b) the varied amount imposed is in accordance with the amounts set out in section 2 of this Regulation.

Commencement

4. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2018 and the day it is filed.

(2) Subsections 2 (5) and (7) come into force on January 1, 2019.

 

Made by:
Pris par :

La ministre des Services gouvernementaux et des Services aux consommateurs,

Tracy MacCharles

Minister of Government and Consumer Services

 

Date made: April 19, 2018
Pris le : 19 avril 2018

 

 

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