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Statute of Limitations on Debt by Province in Canada (2026)

Updated

Every debt in Canada has an expiration date for legal enforcement. Once the statute of limitations passes, a creditor or collection agency can no longer sue you to collect — but they can still call, send letters, and report the debt to credit bureaus. The limitation period varies dramatically by province: just 2 years in Ontario, BC, Alberta, and Saskatchewan, but 6 years in most Atlantic provinces and the territories. Understanding your province’s rules is critical before making any payment on an old debt, because even a small payment can restart the clock from zero.

Limitation Periods by Province

Province / Territory Limitation Period Legislation
Ontario 2 years Limitations Act, 2002
British Columbia 2 years Limitation Act
Alberta 2 years Limitations Act
Saskatchewan 2 years The Limitations Act
Manitoba 6 years The Limitation of Actions Act
Quebec 3 years Civil Code of Quebec
Nova Scotia 6 years Limitation of Actions Act
New Brunswick 6 years Limitation of Actions Act
Newfoundland & Labrador 6 years Limitations Act
Prince Edward Island 6 years Statute of Limitations
Northwest Territories 6 years Limitation of Actions Act
Yukon 6 years Limitation of Actions Act
Nunavut 6 years Limitation of Actions Act

When Does the Clock Start?

Event Clock Starts
Missed payment Date of last payment or default
Written acknowledgment Date you acknowledged the debt in writing
Partial payment Date of the last payment
Account charged off Date of last activity

What Resets the Clock

This is the most important section on this page. Collection agencies know that getting you to make any payment — even $1 — restarts the limitation period from day one. That’s why they’ll offer to accept a tiny “good faith” payment or ask you to confirm the debt in writing. Both actions can reset the clock in most provinces, giving the collector another 2–6 years to sue you. Never make a payment or sign anything without first confirming whether the limitation has expired. If you’re unsure, consult a free credit counsellor before responding.

Action Resets Clock? Province Notes
Making a payment Yes (most provinces) Even $1 can restart
Written acknowledgment of debt Yes Signing anything confirming the debt
Verbal promise to pay Varies Some provinces count verbal, others don’t
Collector contacting you No Contact alone doesn’t reset
Debt being sold to new collector No Clock continues from original date
Creditor suing you No Lawsuit itself doesn’t reset the period

What Does NOT Reset the Clock

Action Why It Doesn’t Reset
Collection agency calling you Communication is not acknowledgment
Receiving a collection letter Passive receipt doesn’t count
Checking your credit report Viewing information is not activity
Disputing the debt Disputing is not acknowledging
Creditor reporting to credit bureau Reporting is creditor action, not yours

After the Limitation Expires

An expired limitation doesn’t erase the debt — it only removes the creditor’s ability to enforce it through the courts. Collectors can still phone you, mail you, and report the debt to your credit report. However, the credit reporting period (6–7 years from the date of first delinquency) runs independently and cannot be reset by the collector. So an old debt may fall off your credit report around the same time the limitation expires, or even before it in provinces with 6-year limitation periods.

What Collectors Can Still Do

Action Allowed?
Call and ask for payment Yes
Send letters requesting payment Yes
Report to credit bureau Yes (within reporting period)
Negotiate a settlement Yes

What Collectors Cannot Do

Action Allowed?
Sue you to collect No
Obtain a court judgment No
Garnish wages through court No
Seize assets through court No
Threaten to sue No (it would be a false threat)

Limitation Period vs Credit Reporting Period

Limitation Period Credit Reporting Period
What it controls Whether you can be sued How long it stays on your credit report
Length 2-6 years (by province) 6-7 years (by province)
Starts from Date of last activity/payment Date of first delinquency
Can be reset Yes (payment, acknowledgment) No (set by original delinquency date)
After expiry Can’t be sued Removed from credit report

Special Cases

Federal Debts (CRA)

CRA debts are the major exception to provincial limitation periods. The federal government has its own 6-year limitation for income tax, GST/HST, and student loans, plus enhanced collection powers that don’t require court orders. Even after 6 years, CRA can still intercept tax refunds and has been known to pursue old debts aggressively. If you owe CRA money, a payment arrangement is almost always better than waiting out the clock, because their enforcement tools make the limitation period less meaningful than it is for private creditors.

Debt Type Limitation Notes
Income tax 6 years (10 for assessment) CRA has enhanced collection powers
GST/HST 6 years Same enhanced powers
Student loans (federal) 6 years Provincial limitation may not apply
EI overpayments 6 years CRA can intercept tax refunds

Important: CRA can garnish wages, seize bank accounts, and intercept tax refunds without a court order — the limitation period is less protective for tax debts.

Student Loans

Situation Limitation
Federal student loans (NSLSC) 6 years from last payment
Provincial student loans Varies by province
Bankruptcy protection Must be 7 years out of school before student loans can be discharged in bankruptcy

Secured Debts

Debt Type Limitation Notes
Mortgage Limitation applies to deficiency after foreclosure
Car loan Limitation applies after repossession and sale
Secured line of credit Creditor can still seize collateral

What to Do If You’re Contacted About Old Debt

If a collector calls about a debt you don’t recognize or haven’t paid in years, the first rule is: say nothing that acknowledges the debt. Request written verification, check the date of last activity against your province’s limitation period, and do not make any payment until you’ve confirmed your legal position. If the limitation has expired, you can send a written notice that the debt is statute-barred and request they stop contacting you. Keep copies of everything.

Step-by-Step

Step Action
1 Don’t make any payment or acknowledgment
2 Request written verification of the debt
3 Check the date of last activity
4 Determine if limitation has expired in your province
5 If expired, consider sending a written notice that the debt is statute-barred
6 If unsure, consult a credit counsellor (free) or lawyer

Sample Response for Statute-Barred Debt

Element What to Include
Your info Name, address, reference number
Statement “This debt is statute-barred under [your province’s act]”
Request “Cease all collection activity”
Warning “Any attempt to sue will be defended on limitation grounds”
Delivery Send by registered mail, keep a copy

Province-Specific Notes

Ontario (2 years)

Detail Info
Legislation Limitations Act, 2002
Basic limitation 2 years from discovery of claim
Ultimate limitation 15 years (absolute)
Acknowledgment restarts? Yes
Partial payment restarts? Yes

British Columbia (2 years)

Detail Info
Legislation Limitation Act (2013)
Basic limitation 2 years
Ultimate limitation 15 years
Key difference Written acknowledgment must be clear and explicit

Quebec (3 years)

Detail Info
Legislation Civil Code of Quebec, Art. 2925
Basic limitation 3 years
Key difference Civil law system (different from common law provinces)
Interruption Lawsuit or acknowledgment restarts the clock

The Bottom Line

Knowing your province’s limitation period protects you from paying debts you’re no longer legally obligated to repay through the courts. Never make a payment or written acknowledgment on old debt without first checking the clock. If you’re being contacted about statute-barred debt, assert your rights in writing. And if you’re unsure about any of this, a free credit counselling session can clarify your options before you accidentally restart a limitation you didn’t know existed.