Skip to main content

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 / TerritoryLimitation PeriodLegislation
Ontario2 yearsLimitations Act, 2002
British Columbia2 yearsLimitation Act
Alberta2 yearsLimitations Act
Saskatchewan2 yearsThe Limitations Act
Manitoba6 yearsThe Limitation of Actions Act
Quebec3 yearsCivil Code of Quebec
Nova Scotia6 yearsLimitation of Actions Act
New Brunswick6 yearsLimitation of Actions Act
Newfoundland & Labrador6 yearsLimitations Act
Prince Edward Island6 yearsStatute of Limitations
Northwest Territories6 yearsLimitation of Actions Act
Yukon6 yearsLimitation of Actions Act
Nunavut6 yearsLimitation of Actions Act

When Does the Clock Start?

EventClock Starts
Missed paymentDate of last payment or default
Written acknowledgmentDate you acknowledged the debt in writing
Partial paymentDate of the last payment
Account charged offDate 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.

ActionResets Clock?Province Notes
Making a paymentYes (most provinces)Even $1 can restart
Written acknowledgment of debtYesSigning anything confirming the debt
Verbal promise to payVariesSome provinces count verbal, others don’t
Collector contacting youNoContact alone doesn’t reset
Debt being sold to new collectorNoClock continues from original date
Creditor suing youNoLawsuit itself doesn’t reset the period

What Does NOT Reset the Clock

ActionWhy It Doesn’t Reset
Collection agency calling youCommunication is not acknowledgment
Receiving a collection letterPassive receipt doesn’t count
Checking your credit reportViewing information is not activity
Disputing the debtDisputing is not acknowledging
Creditor reporting to credit bureauReporting 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

ActionAllowed?
Call and ask for paymentYes
Send letters requesting paymentYes
Report to credit bureauYes (within reporting period)
Negotiate a settlementYes

What Collectors Cannot Do

ActionAllowed?
Sue you to collectNo
Obtain a court judgmentNo
Garnish wages through courtNo
Seize assets through courtNo
Threaten to sueNo (it would be a false threat)

Limitation Period vs Credit Reporting Period

Limitation PeriodCredit Reporting Period
What it controlsWhether you can be suedHow long it stays on your credit report
Length2-6 years (by province)6-7 years (by province)
Starts fromDate of last activity/paymentDate of first delinquency
Can be resetYes (payment, acknowledgment)No (set by original delinquency date)
After expiryCan’t be suedRemoved 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 TypeLimitationNotes
Income tax6 years (10 for assessment)CRA has enhanced collection powers
GST/HST6 yearsSame enhanced powers
Student loans (federal)6 yearsProvincial limitation may not apply
EI overpayments6 yearsCRA 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

SituationLimitation
Federal student loans (NSLSC)6 years from last payment
Provincial student loansVaries by province
Bankruptcy protectionMust be 7 years out of school before student loans can be discharged in bankruptcy

Secured Debts

Debt TypeLimitation Notes
MortgageLimitation applies to deficiency after foreclosure
Car loanLimitation applies after repossession and sale
Secured line of creditCreditor 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

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

Sample Response for Statute-Barred Debt

ElementWhat to Include
Your infoName, 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”
DeliverySend by registered mail, keep a copy

Province-Specific Notes

Ontario (2 years)

DetailInfo
LegislationLimitations Act, 2002
Basic limitation2 years from discovery of claim
Ultimate limitation15 years (absolute)
Acknowledgment restarts?Yes
Partial payment restarts?Yes

British Columbia (2 years)

DetailInfo
LegislationLimitation Act (2013)
Basic limitation2 years
Ultimate limitation15 years
Key differenceWritten acknowledgment must be clear and explicit

Quebec (3 years)

DetailInfo
LegislationCivil Code of Quebec, Art. 2925
Basic limitation3 years
Key differenceCivil law system (different from common law provinces)
InterruptionLawsuit 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.