Debtor/Creditor & Small Claims Court

Legislative Framework

This introductory unit talks about the provincial and federal laws that relate to debts and debt collection.

Provincial Legislation
Federal Legislation

There are multiple Provincial statutes which govern various aspects of debtor/creditor law:

Consumer Protection Act and Payday Lenders Regulations:

http://nslegislature.ca/legc/statutes/consumer%20protection.pdf &

http://www.gov.ns.ca/just/regulations/regs/cppayday.htm

Collection Agencies Act: http://nslegislature.ca/legc/statutes/collecta.htm

Consumer Creditors’ Conduct Act: http://nslegislature.ca/legc/statutes/consumcr.htm

Personal Property Security Act: http://nslegislature.ca/legc/statutes/personal%20property%20security.pdf

Judicature Act: http://nslegislature.ca/legc/statutes/judicatr.htm

Small Claims Court Act & Regulations:

http://nslegislature.ca/legc/statutes/smallclm.htm & https://www.novascotia.ca/just/regulations/regs/sccfrmpr.htm

The major piece of Federal Legislation to be aware of is the Bankruptcy and Insolvency Act:

http://laws-lois.justice.gc.ca/eng/acts/B-3/index.html

This is a very lengthy and complex piece of legislation – don’t worry! There are experts in the field who can assist your clients with issues related to bankruptcy.

Provincial Legislation

There are multiple Provincial statutes which govern various aspects of debtor/creditor law:

Consumer Protection Act and Payday Lenders Regulations:

http://nslegislature.ca/legc/statutes/consumer%20protection.pdf &

http://www.gov.ns.ca/just/regulations/regs/cppayday.htm

Collection Agencies Act: http://nslegislature.ca/legc/statutes/collecta.htm

Consumer Creditors’ Conduct Act: http://nslegislature.ca/legc/statutes/consumcr.htm

Personal Property Security Act: http://nslegislature.ca/legc/statutes/personal%20property%20security.pdf

Judicature Act: http://nslegislature.ca/legc/statutes/judicatr.htm

Small Claims Court Act & Regulations:

http://nslegislature.ca/legc/statutes/smallclm.htm & https://www.novascotia.ca/just/regulations/regs/sccfrmpr.htm

Federal Legislation

The major piece of Federal Legislation to be aware of is the Bankruptcy and Insolvency Act:

http://laws-lois.justice.gc.ca/eng/acts/B-3/index.html

This is a very lengthy and complex piece of legislation – don’t worry! There are experts in the field who can assist your clients with issues related to bankruptcy.

Exemptions from Seizure

Download: PDF [707 kb]

This unit will teach you about the assets and sources of income that cannot be seized.

Debt Collection & Options for Debtors

Download: PDF [713 kb]

This unit covers topics like the rules governing debt collectors, the debtor assistance program, consumer proposals and bankruptcy.

Small Claims Court

Download:PDF [561 kb]

This unit goes into detail about what Small Claims Court is and how to begin a proceeding there.

Payday Lenders

Download: PDF [651 kb]

This unit briefly covers the regulation of payday lenders, companies that provide small, short-term unsecured loans.

Helpful Tips

Download: PDF [540 kb]

This unit containers some pointers about collections, Small Claims Court and advocating for people with debt problems.

Additional Resources

Download: PDF [545 kb]

Here we have provided a list of places you can go for more information about debtor/creditor issues and Small Claims Court.

Government	Small Claims Court A Small Claims information guide can be found here: http://www.courts.ns.ca/self_rep/self_rep_docs/small_claims_info_brochure_10.pdf An excellent resource explaining how to enforce Small Claims Court Orders can be found here: http://www.courts.ns.ca/self_rep/self_rep_docs/small_claims_guide_for_creditors_10.pdf A guide on how to use subpoenas in Small Claims Court can be found here: http://www.courts.ns.ca/self_rep/self_rep_docs/small_claims_using_subpoena_06.pdf Payday Lenders Access Nova Scotia maintains a website with information about payday lenders here: http://www.gov.ns.ca/snsmr/access/individuals/consumer-awareness/consumer-loans- credit/payday-loans.asp
Case Law	Potentially helpful Small Claims and Supreme Court decisions from Nova Scotia can be found here: http://www.canlii.org/en/ns/
Nova Scotia Legal Aid	NSLA offices provide summary advice to clients regarding Debtor/Creditor matters. Their contact information can be found here: http://www.nslegalaid.ca/contact.php

Dalhousie University

Dalhousie Legal Aid Service