CREDIT REPORTING ACT

"consumer" means a person other than a corporation, but does not include a person engaging in a transaction in the course of carrying on business, other than seeking employment;

"credit information" means information about a consumer's credit, which may include the consumer's name, age, place of residence, previous places of residence, marital status, spouse's name and age, number of dependants, particulars of education or professional qualifications, place of employment, previous places of employment, estimated income, paying habits, outstanding debt obligations, cost of living, or obligations and assets;

"director" means the member of the public service appointed as the director by the Lieutenant Governor in Council, and includes a person authorized in writing by the director to perform the director’s duties under this Act;

"file", if used as a noun, means all of the information about a consumer that is recorded or retained by a reporting agency, regardless of the manner or form in which the information is stored;

"medical information" means any information or record obtained, with the consent of the consumer to whom it relates, from a medical practitioner, or a chiropractor, or a hospital, clinic, or other medically related facility about the health of the consumer;

"personal information" means information other than credit information about a consumer's character, reputation, medical information, physical or personal characteristics, or life style, or about any other matter respecting the consumer;

"report" means a written, oral or other communication made by a reporting agency in connection with a purpose set out in section 10 (1) (a) about,

(a) except in sections 14 to 17, credit information or personal information respecting a consumer, or

(b) in sections 14 to 17, information respecting a person whether or not the person is a consumer;

"reporting agency" means a person who provides reports for gain or profit or who provides reports on a routine, nonprofit basis as an ancillary part of a business carried on for gain or profit.

Sections Repealed

2 to 6 [Repealed 2001-37-10.]

Persons who are unsuitable to act as reporting agencies

7 (1) On receipt of a complaint or on the director’s own initiative the director may consider whether a person is unsuitable to act as a reporting agency and if the person is unsuitable, the director may order the person to stop acting as a reporting agency for a period of time specified in the order or until the director rescinds the order.

(2) The director may decide that a person is unsuitable to act as a reporting agency if any of the following apply to the person:

(a) the person has been convicted of an offence that, in the opinion of the director, involves a dishonest or fraudulent act, or an intent to commit a dishonest or fraudulent act;

(b) the person’s past conduct affords reasonable grounds to believe that the person may not carry on business in accordance with the law, or with integrity and honesty;

(c) the person is a corporation and the past conduct of any of its officers or directors affords reasonable grounds to believe that its business may not be carried on in accordance with the law or with integrity and honesty;

(d) the person would be unable to comply with section 14 or other provisions of this Act or the regulations;

(e) the person has committed an offence under this Act.

(3) Before the director considers whether a person is unsuitable to act as a reporting agency, the director must give the person an opportunity to be heard.

(4) Despite subsection (3), the director may make an order under subsection (1) without giving a person an opportunity to be heard if the length of time required to give that opportunity would, in the director’s opinion, be prejudicial to the public interest.

(5) If the director makes an order referred to in subsection (4), the director must promptly notify the person of the order and that a hearing and review will be held before the director on a date that is within 21 days from the date of the order.

Appeal to commission

8 A person aggrieved by a direction, decision, order or ruling of the director may appeal it to the Commercial Appeals Commission.

Section Repealed

9 [Repealed 2001-37-12.]

To whom reports may be given

10 (1) A reporting agency, officer or employee must not knowingly provide any information from the files of the reporting agency except in a report given

(i) intends to use the information in connection with extending credit to, or collecting a debt of, the consumer to whom the information pertains,

(ii) intends to use the information in connection with the consumer entering into or renewing a tenancy agreement,

(iv) intends to use the information in connection with underwriting insurance involving the consumer,

(v) intends to use the information to determine the eligibility of a consumer under a statute or regulation, if the information is relevant to a requirement prescribed by law, or

(vi) otherwise has a direct business requirement for the information in connection with a business transaction respecting the consumer,

(b) under the written instructions of the consumer to whom the information relates, or

(2) A person must not knowingly obtain any information from the files of a reporting agency about a consumer except for the purposes referred to in subsection (1).

(3) Despite subsections (1) and (2), a reporting agency may provide identifying information about a consumer, limited to the consumer's name, address, former addresses and places of employment, to the government of Canada or of a province, or to a government agency, a municipality in Canada, or a municipal agency.

(4) [Repealed 2001-37-13.]

Contents of reports

(a) develop procedures that are acceptable to the director for ascertaining the accuracy and fairness of the contents of its reports, and

(b) supply information respecting the matters referred to in paragraph (a) to the director on the director's request.

(b) extracted from information appearing in files stored or collected in a repository located in Canada, regardless of whether or not the information was obtained from a source outside Canada.

(a) information, unless the name and address of the source of the information is recorded or retained in its files, or can be readily ascertained by the consumer;

(c) unfavourable personal information, unless the reporting agency has made reasonable efforts to corroborate the evidence on which the personal information is based, and the lack of corroboration is noted with and accompanies the information;

(d) information about a writ or other originating court proceeding in which the consumer is a nominal defendant, or the cause of action is primarily other than for a liquidated sum;

(e) information about actions, accounts or debts that, on their face, are statute barred;

(f) information about a judgment 6 years after the judgment was given, unless the creditor or the creditor's agent confirms that all or part of the judgment remains unpaid and the confirmation appears in the file;

(g) information about the bankruptcy of a consumer 6 years after the date the consumer was last discharged from bankruptcy, unless the consumer has been bankrupt more than once;

(h) information about criminal or summary conviction charges against the consumer unless the charges have resulted in conviction;

(i) information about a conviction of the consumer for crimes or summary conviction offences 6 years after the date of conviction or, if the conviction resulted in imprisonment, after the date of the consumer's release or parole, but information about a conviction must not be reported if, after the conviction, the consumer has been granted a free pardon;

(j) information given orally, unless the content of the oral report is noted in writing in the file;

(k) any other information adverse to the consumer's interest that is more than 6 years old, unless the information is voluntarily supplied by the consumer to the reporting agency;

(l) information about the race, creed, colour, ancestry, ethnic origin or political affiliation of a consumer;

(m) information about the payment or nonpayment of lawfully imposed fines after 6 years after the fine was imposed;

(n) information about a writ or other court proceeding after 12 months after the date of issue, unless the current status of the action or proceedings has been ascertained and is included in the report;

Consent or notice for report

12 (1) A person must not obtain from a reporting agency a report respecting a consumer

(b) unless the person promptly notifies the consumer in writing that a consumer report will be obtained.

(2) The consent may be contained in an application for credit, insurance, employment or tenancy, if it is clearly set out in type not less than 10 point in size above the consumer's signature.

(3) This section does not apply to a report the primary purpose of which is to supply information respecting the consumer's location or address.

Notice of denial of benefit or increase of cost of benefit

13 (1) If a user of information contained in a report denies all or part of a benefit to a consumer, or increases the cost of a benefit to a consumer, either wholly or partly because of information received from a reporting agency or a person other than a reporting agency, the user must promptly deliver to the consumer written notice of the denial or increase.

(2) The user of information must, on the request of the consumer made in writing within 60 days after delivery of the notice under subsection (1), inform the consumer of

(a) the name and address of the reporting agency if the information is provided by a reporting agency, or

(b) the source and nature of the information obtained elsewhere than from a reporting agency.

(3) The notice under subsection (1) must contain notice of the consumer's right to request the information referred to in subsection (2).

(4) If a user of information receives a report about a person other than the consumer referred to in subsection (1) and subsequently denies all or part of a benefit or increases the cost of the benefit to the consumer, the advice required under this section must be given by the user both to the consumer and to that other person.

Disclosure

(a) at the written request of a person and during normal business hours, clearly and accurately disclose to the person, without charge, unless a fee is prescribed by regulation,

(i) the nature and substance of all information it has respecting the person at the date of the request,

(ii) the sources of its information, unless the person is able to readily ascertain those sources, and

(iii) the names of the recipients of any report respecting the person that it has provided within the preceding 12 months,

(b) if requested by a person, provide copies of any written reports provided within the preceding 12 months respecting the person or, if the report was oral, particulars of the content of the oral report, and

(c) inform a person of the right to explain or protest any information under section 15 or 16 and the manner in which an explanation or protest must be made.

(a) in person, if the person appears in person and provides proper identification,

(b) by telephone, if the person has made a written request, with sufficient identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the person, or

(c) by mail, if the person has made a signed, written request and the person's signature has been witnessed by, and identity established to the satisfaction of, a commissioner for taking affidavits or notary public, and has enclosed a self addressed envelope with sufficient postage attached, together with any fees payable for copies requested.

(3) A reporting agency must provide properly trained staff to explain to the person any information provided to the person under this section.

(4) The person must be permitted to be accompanied by one other person of his or her choosing to whom the reporting agency may be required by the person to disclose the file.

(5) The reporting agency must permit the person to whom information is disclosed under this section to make an abstract of it.

(6) A reporting agency must require reasonable identification of the persons to whom disclosure is made before making the disclosure.

(7) A reporting agency must not require a person to give an undertaking, or to waive or release a right, including a right to take legal action, as a condition of the person obtaining access to information under this section.

(8) A reporting agency may withhold from the disclosure required by this section any medical information obtained with the written consent of the person and which the person's own physician has requested the reporting agency in writing to withhold from the person in the person's own best interest.

Explanation

15 (1) A person may deliver to a reporting agency, in writing of not more than 100 words, an explanation or additional information that relates to any item of information kept by the reporting agency about the person.

(2) The reporting agency must maintain the explanation or additional information with the other information it keeps about the person and must include it in any report given about the person relating to the item.

Correction of errors

16 (1) A person about whom information has been disclosed under section 14 may dispute the accuracy and completeness of the information by filing with the reporting agency a written statement of protest of not more than 100 words.

(2) If a statement of protest is filed, the reporting agency must use its best efforts to confirm or complete the information and must correct, supplement or delete the information in accordance with good practice.

(3) If a reporting agency corrects, supplements or deletes information under subsection (2), the reporting agency must, unless otherwise requested by the person, give notice of the correction, supplement or deletion to every person to whom a report based on the unamended information was given within one year before the correction, supplement or deletion is made.

Order of director

17 (1) The director may order a reporting agency to amend or delete any information, or may, by order, restrict or prohibit the use of any information that, in the director's opinion, is inaccurate or incomplete or does not comply with this Act or the regulations.

(2) The director may order a reporting agency to give notice of an amendment, deletion, restriction or prohibition referred to in subsection (1) to a person who has received a report.

Investigation of complaints

18 (1) If the director receives a complaint about a reporting agency and makes a written request to the reporting agency about it, the reporting agency must provide to the director all the information requested on the matter complained of.

(3) For the purpose of subsection (1), the director may enter the business premises of the reporting agency at any reasonable time to inspect the file involved in a complaint after giving written notice.

Investigation on order of minister

19 (1) The minister may, by order, appoint a person to investigate any matter to which this Act applies as may be specified in the order.

(2) The investigator must report the result of the investigation to the minister.

(3) For the investigation, the investigator has all the powers, privileges, and immunities of a commissioner appointed under sections 12, 15 and 16 of the Inquiry Act.

Investigation by order of director

20 (1) The director may, by order, appoint one or more persons to investigate whether a contravention of this Act, or regulation, or the commission of an offence has occurred if, on a statement made under oath, the director believes on reasonable and probable grounds that a person

(b) has committed an offence under the Criminal Code or under any other law that, in the director’s opinion, would be grounds for an order under section 7 of this Act.

(2) The investigator must report the result of the investigation to the director.

(a) may inquire into and examine the affairs of the person about whom the investigation is made,

(b) has the powers, privileges and immunities of a commissioner appointed under sections 12, 15 and 16 of the Inquiry Act,

(c) on production of the investigator's appointment, may, at any reasonable time, enter the business premises of the person being investigated and examine records relevant to the investigation, and

(d) may inquire into negotiations, transactions, loans, borrowings made by, on behalf of or in relation to the person being investigated, and into property owned, acquired or alienated in whole or in part by that person or by any one acting on that person's behalf, that are relevant to the investigation.

(4) A person must not obstruct an investigator under this section or withhold from the investigator, conceal or destroy any records relevant to the investigation.

(5) If, on an application alone by the investigator, the Supreme Court is satisfied that the investigator has been appointed under this section and that there is reasonable ground for believing there are, in any place, things relating to the person being investigated and to the investigation, the court may issue an order authorizing the investigator, together with police officers the investigator may require to assist the investigator, to enter, if necessary by force, and search the place for and examine the things.

(6) The court may issue an order under subsection (5) whether or not an inspection has been made or attempted under subsection (3) (c).

(7) An entry and search under subsection (5) must be made between sunrise and sunset unless the court authorizes the search at night.

(8) If an order has been obtained under subsection (5), an investigator may, on giving a receipt, remove things examined under subsection (3) (c) or subsection (5) relating to the person being investigated and to the investigation to make copies of them.

(9) The copies must be made with reasonable promptness and the things returned to the person whose affairs are being investigated.

(10) A copy made as provided under this section and certified to be a true copy by the investigator is admissible in evidence in any proceeding or prosecution to prove the original and its contents.

(11) The minister or director may appoint an expert for the purpose of examining things referred to in subsection (3) (c) or under subsection (5).

Secrecy preserved

21 A person employed in the administration of this Act, including any person making an inquiry, an inspection, or an investigation under section 18, 19 or 20, must preserve secrecy in all matters that come to the person's knowledge in the course of the person's duties, employment, inquiry, inspection or investigation and must not communicate any matter to any other person except

(a) as required in the administration of this Act and the regulations, or any proceedings under them,

Service

22 (1) Any notice or order to be given, delivered or served under this Act or the regulations is sufficient if delivered personally or by mail addressed to the person at the person's last known address.

(2) If service is made by registered mail, the service is deemed to be made on the third day after the day of mailing, unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice or order until a later date.

Restraining order

23 (1) If it appears to the director that a person does not comply with this Act, the regulations or an order made under this Act, despite the imposition of a penalty for noncompliance, and in addition to any other rights the person may have, the director may apply to the Supreme Court for an order directing that person to comply with the provision.

False information

24 A person must not knowingly give false or misleading information to another person making a report.

Offences

(a) knowingly provides false information in an application under this Act, or in any statement or return required to be provided under this Act or the regulations,

(b) fails to comply with any order, direction or other requirement made under this Act,

(d) is a director or officer of a corporation and knowingly authorizes, permits or acquiesces in any act or omission under paragraph (a), (b) or (c).

(2) An individual who commits an offence under this section is liable on conviction to a fine of not more than $2 000 or to imprisonment for a term of not more than one year, or to both a fine and imprisonment.

(3) A corporation that commits an offence under this section is liable on conviction to a fine of not more than $5 000.

(4) A proceeding under subsection (1) (a) must not be commenced after one year after the facts on which the proceeding is based first came to the knowledge of the director.

(5) A proceeding under subsection (1) (b) or (c) must not be commenced after 2 years after the date the subject matter of the proceeding arose.

Civil remedy

26 (1) In this section "court" includes the Provincial Court, even though a contravention may also constitute a libel or slander.

(2) If a consumer has suffered loss, damage or inconvenience as a result of a contravention of this Act or the regulations, the consumer has a cause of action against the person who contravened this Act or the regulations and is entitled, if the court finds that the consumer has suffered loss, damage or inconvenience, to a judgment for the damages suffered or $100, whichever is greater.

Certificate of director

27 (1) A statement, purporting to be certified by the director, about any of the following is, without proof of the office or signature of the director, receivable in evidence to prove the facts stated for all purposes in any proceeding or prosecution:

(2) A document under this Act purporting to be signed by the minister, or a certified copy, is receivable in evidence in any prosecution or other proceeding to prove that the document is signed by the minister without proof of the office or signature of the minister.

Power to make regulations

28 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(b) and (c) [Repealed 2001-37-21.]

(d) requiring reporting agencies to be bonded in a form and on terms and with collateral security as may be prescribed, and providing for the forfeiture of bonds and the disposition of the proceeds;

(f) prescribing information that may not be reported by a reporting agency or contained in its files;

(g) requiring reporting agencies to make returns and provide information to the director;

(h) defining, for the purpose of this Act or the regulations, any word or expression not defined in this Act.