Statute of Limitations Debt Calculator Canada - Check If Debt Expired 2026

A statute of limitations debt calculator determines whether creditors can still sue you to collect old debt based on your province’s limitation period and the date of your last payment or debt acknowledgment. Provincial limitation periods range from 2 years in Ontario, Alberta, BC, Saskatchewan, New Brunswick, and Nova Scotia, to 3 years in Quebec, to 6 years in Manitoba, Newfoundland, PEI, and the territories. Once debt becomes statute-barred, creditors cannot sue or obtain court judgments, though they can still call requesting voluntary payment. This calculator checks your debt’s status, warns about actions that restart the limitation clock, and explains your rights when dealing with old debt collectors.

How to Use This Statute of Limitations Calculator

Select your province or territory where you currently reside (limitation periods are based on your residence, not where the debt originated). Choose your debt type—most unsecured debts like credit cards, personal loans, lines of credit, payday loans, utility bills, and medical bills are covered. Enter the date of your last payment on the debt, even if it was just $1. Enter the date of your last written acknowledgment of the debt (signing payment plans, sending letters confirming the debt exists, or responding to collection letters acknowledging the balance).

The calculator compares elapsed time against your province’s limitation period. Results show whether your debt is still within the limitation period (creditors can sue), approaching the limitation date (within 6 months), or statute-barred (limitation period expired, creditors cannot sue). You’ll see the exact date when your debt becomes or became statute-barred, actions that would restart the clock, and what creditors can and cannot legally do with expired debt.

Understanding results requires knowing the limitation clock starts from the later of: date of last payment or date of last written acknowledgment. If you made a payment in 2023 but acknowledged the debt in writing in 2024, the clock started in 2024. The calculator uses the most recent date that could have restarted the limitation period.

Statute of Limitations by Province

Canada’s limitation periods are set by provincial and territorial legislation, not federal law. Each province passed its own Limitations Act governing how long creditors have to sue for debt collection. Periods vary significantly from 2 to 6 years depending on jurisdiction.

Limitation period begins from last payment date or debt acknowledgment, whichever is later

The 2-year provinces (Ontario, BC, Alberta, Saskatchewan, New Brunswick, Nova Scotia) provide the strongest consumer protection with the shortest collection windows. Debts become unenforceable quickly, limiting creditors’ ability to sue for old obligations. These provinces modernized their limitation legislation between 2002-2014 to simplify and shorten limitation periods.

Quebec’s 3-year period under the Civil Code reflects its distinct civil law system rather than common law framework used in other provinces. Quebec debt collection follows unique procedural rules but the 3-year limitation for unsecured debt collection is clear under articles 2925 (prescription of obligations) and 2925 (commencement of limitation periods).

The 6-year provinces and territories maintain longer collection windows, making it easier for creditors to pursue older debts through litigation. Manitoba, Newfoundland, PEI, and the three territories have not modernized their limitation legislation as extensively, retaining traditional 6-year periods common under historical common law frameworks.

What Happens When Debt Is Statute-Barred

Statute-barred debt exists legally but cannot be enforced through courts. The limitation period prevents lawsuits, but doesn’t erase the underlying obligation. Understanding what creditors can and cannot do with expired debt protects you from illegal collection tactics while clarifying your actual legal position.

Creditors CANNOT Do These Things

Sue you in court to obtain a judgment—any lawsuit filed after the limitation period expired will be dismissed if you raise the statute of limitations as a defense. This is your responsibility—courts don’t automatically check limitation periods. You must file a defense stating the debt is statute-barred and provide evidence of your last payment date.

Obtain a court judgment without your knowledge—even for statute-barred debt, ignoring a lawsuit results in default judgment. Always respond to legal proceedings, raise the limitation defense, and provide documentation proving the debt expired. Courts will dismiss the case if you properly raise the defense with evidence.

Garnish your wages or seize assets—these require court judgments, which cannot be obtained for statute-barred debt. If a creditor threatens garnishment on expired debt, this constitutes harassment under provincial consumer protection laws. File complaints with your provincial regulator immediately.

Report new negative information to credit bureaus—while existing negative marks can remain for up to 6 years from last activity date, creditors cannot add new negative entries after the debt becomes statute-barred. Credit reporting is separate from limitation periods; see below for details.

Creditors CAN Still Do These Things

Call or write requesting voluntary payment—the debt still exists, and creditors can ask you to pay voluntarily. However, they cannot threaten legal action they cannot take (suing, garnishment, seizure). Threatening to sue on statute-barred debt violates provincial consumer protection laws and constitutes harassment worth $1,000-$5,000 per violation.

Report debt to credit bureaus for up to 6 years from last activity—credit reporting periods are separate from limitation periods. Debts can appear on your credit report for 6 years from the date of last activity (payment or acknowledgment) regardless of whether they’re statute-barred. Once 6 years pass, the debt automatically removes from your credit report.

Sell the debt to collection agencies—statute-barred status transfers with the debt. Collection agencies purchasing expired debt face the same limitations as original creditors—they cannot sue but can request voluntary payment. Many agencies specialize in expired debt, hoping consumers don’t know their rights.

Request payment through letters and calls—as long as communication doesn’t threaten illegal action, creditors can continue collection attempts. You can send a cease contact letter requiring them to stop all communication except to confirm cessation or notify you of specific legal action. After sending cease contact letters, any further calls violate provincial law.

WARNING: Actions That Restart the Clock

The limitation period restarts completely if you take certain actions, making old expired debt suddenly enforceable again. Avoid these critical mistakes when dealing with potentially statute-barred debt.

Making any payment, even $1, restarts the limitation period from the payment date. A $5 payment on a 3-year-old debt in a 2-year province restarts the clock, giving creditors another 2 years to sue. Never make partial payments on debt approaching or past the limitation date unless you intend to pay the full balance or negotiate a complete settlement.

Acknowledging the debt in writing restarts the period. Signing letters confirming the debt exists, responding to collection letters with statements like “I owe this but can’t pay,” or signing payment plan agreements all constitute acknowledgment. Even emails or text messages acknowledging the debt can restart limitation periods in some provinces.

Agreeing to a payment plan restarts the clock even if you never make a payment under the plan. The act of agreeing acknowledges the debt and your intention to pay. Creditors often propose payment plans on very old debt specifically to restart limitation periods, then sue when you inevitably default on the plan.

Verbal promises to pay may restart limitation periods in some provinces depending on how limitation legislation defines acknowledgment. Alberta, Manitoba, and the territories allow oral acknowledgment to restart periods. BC, Ontario, and Nova Scotia require written acknowledgment. Quebec requires either payment or written acknowledgment. Know your province’s specific rules.

When collectors call about old debt, use this script: “I need to review this matter in writing. Please send me written verification of this alleged debt including the original creditor, original amount, last payment date, and itemization of any fees or interest added.” This requests information without acknowledging the debt exists or that you owe it.

Never say: “I know I owe this but I can’t afford it right now,” “Yes, that’s my account,” “I’ll try to pay something next month,” or “Can we set up a payment plan?” These statements acknowledge the debt and may restart limitation periods depending on your province.

Provincial Variation Details

Understanding provincial differences helps you apply the calculator results correctly and know your specific rights based on residence.

2-Year Provinces: ON, BC, AB, SK, NB, NS

These provinces provide the strongest consumer protection with the shortest limitation periods. Debts become statute-barred just 2 years after your last payment or written acknowledgment. Ontario’s Limitations Act, 2002 is the model legislation copied by several other provinces—it’s clear, well-tested in courts, and heavily favors consumers in debt collection disputes.

British Columbia’s 2-year period under the 2012 Limitation Act applies to most unsecured debts. Consumer Protection BC actively enforces collection agency compliance. Alberta’s 2-year period under RSA 2000 is equally robust, though Alberta allows 50% wage garnishment (highest in Canada) when creditors do obtain judgments within the limitation period.

Saskatchewan, New Brunswick, and Nova Scotia all modernized their limitation legislation between 2004-2014, adopting 2-year periods for debt collection actions. These provinces simplified complex historical limitation schemes with clear 2-year rules for contract-based debts including credit cards, loans, and lines of credit.

3-Year Province: Quebec

Quebec’s 3-year limitation period under the Civil Code reflects its civil law tradition distinct from common law provinces. Articles 2880-2933 govern prescription (the civil law term for limitation periods). The 3-year period for debt collection begins when the right of action arises—typically the date of default or last payment.

Quebec’s Consumer Protection Act provides additional protections for consumers dealing with collection agencies, including strict rules on collection practices, language requirements, and disclosure obligations. The Office de la protection du consommateur actively investigates complaints and can impose significant penalties for violations.

6-Year Provinces/Territories: MB, NL, PEI, NT, NU, YT

Manitoba, Newfoundland & Labrador, Prince Edward Island, Northwest Territories, Nunavut, and Yukon maintain traditional 6-year limitation periods. These longer periods give creditors more time to pursue collection litigation, making expired debt less common but still possible after 6 years of non-payment.

Manitoba’s Limitation of Actions Act (CCSM c. L150) is older legislation not modernized like 2-year provinces. The 6-year period applies to “actions founded on simple contract” including credit cards and loans. Newfoundland, PEI, and the territories maintain similar frameworks with 6-year periods for contract-based debt collection.

If you moved provinces, the limitation period is determined by your current province of residence when the lawsuit is filed, not where the debt originated. A debt incurred in Manitoba (6-year period) becomes subject to Ontario’s 2-year period if you move to Ontario. Conversely, moving from Ontario to Manitoba doesn’t extend an already-expired debt—once statute-barred, it remains so.

Use the Statute of Limitations Calculator now to check if your debt expired. Enter your province, debt type, and last payment date to see if creditors can still sue you. If your debt is statute-barred, understand your rights and avoid actions that restart the limitation clock. If facing collection pressure on old debt, consider filing a consumer proposal to stop all collection activity immediately while eliminating 60-80% of your debt with legal protection regardless of limitation status.