Consumer Protection BC issues licences to debt collectors, bailiffs and debt poolers based on the requirements of the Business Practices and Consumer Protection Act and the Debt Collection Industry Regulation.

Definitions

For the purposes of the definition of "designated activity" in the Act, the following are designated:

1. the business and occupation described in the definition of "bailiff";
2. the business and occupation described in the definition of "collection agent"; and
3. the business and occupation described in the definition of "debt pooler".

"Bailiff" means a person, whether in British Columbia or not who, in the course of business, acts or assists a person to act on behalf of another person in repossessing, distraining or seizing any personal property or in evicting a person from property.

"Collection agent" means a person, whether in British Columbia or not who,
(a) in the course of business, collects or attempts to collect payment of a debt for another person, or (b) in the course of business, takes an assignment of a debt due to another person for the purpose of collecting or attempting to collect payment of the debt. "Collection agent" includes a bailiff.

"Debt pooler" means a person, whether in British Columbia or not who, in the course of business, arranges or operates a debt pooling system.

A "debt pooling system" means an arrangement or procedure under which a debtor pays to a debt pooler money to be distributed or paid, according to a system, by that debt pooler to 3 or more creditors of the debtor.

Exemptions from Licensing

The following persons or classes of persons are exempt from the requirement to have a licence:

1. lawyers in the regular practice of their profession;
2. persons acting as officers of or under the process or authority of any court;
3. trust companies and trustees acting under the terms of any will, marriage settlement or deed of trust;
4. chartered banks;
5. credit unions, in respect of services provided by the credit union to its members;
6. insurance agents licensed under the Financial Institutions Act, in respect of the collection of insurance premiums;
7. brokerages licensed under the Real Estate Services Act, their related licensees within the meaning of that Act and their employees, in respect of collections incidental to the business of the applicable brokerage;
8. persons collecting debts in the course of their employment with the government;
9. sheriffs;
10. discounters, as defined in section 2 of the Tax Rebate Discounting Act (Canada), exercising rights to refunds of tax acquired from taxpayers;
11. trustees licensed or appointed under the Bankruptcy and Insolvency Act (Canada); and
12. corporations, in respect of the collection of debts for other corporations that are their affiliate, as defined in section 1 of the Business Corporations Act.

Questions?

Please contact our Licensing Department.