REVISED STATUTUES, 1989
(b) "consumer report" means a written, oral or other communication by a consumer reporting agency of information as that word is defined in this Section pertaining to a consumer for consideration in connection with a purpose set out in clause (c) of subsection (1) of Section 9;
(e) "file" when used as a noun, means all of the information pertaining to a consumer that is recorded or retained by a consumer reporting agency, regardless of the manner or form in which the information is stored;
(f) "information" means information respecting a consumer's identity, residence, dependents, marital status, employment, borrowing and repayment history, income, assets and liabilities, credit worthiness, education, character, reputation, health, physical or personal characteristics or mode of living;
3 The Director shall keep a register, to be called the Consumer Reporting Agencies Register, in which he shall enter the name of every consumer reporting agency which holds a permit under this Act, the name under which the business is carried on, the address or the addresses, if more than one, at or from which the business is carried on and such other matters as are prescribed by the regulations. R.S., c. 93, s. 3; 1999, c. 4, s. 10.
(2) The Director may refuse to renew or may suspend or revoke a permit for any reason that would disentitle the permit holder to a permit under Section 5 if the permit holder were an applicant or if the permit holder is in breach of a term or condition of the permit. 1999, c. 4, s. 13.
(2) Where, within the time prescribed or, if no time is prescribed, before expiry of the permit holder's permit, a permit holder has applied for renewal of the permit and paid the prescribed fee, the permit holder's permit is deemed to continue until
(3) A person aggrieved by a decision of the Director may appeal therefrom to a judge of the Trial Division of the Supreme Court, and the judge may confirm, vary or set aside the decision. R.S., c. 93, s. 7; 1999, c. 4, s. 14.
(3) Notwithstanding subsections (1) and (2), a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to any department of the Province or of Canada or any province thereof, notwithstanding that such information is not to be used for a purpose mentioned in clause (c) of subsection (1).
(3A) Notwithstanding subsections (1) and (2), where the Minister, or a person designated by the Minister, requests a consumer reporting agency to provide identifying information respecting a consumer, including the consumer's name, address and former addresses, places and former places of employment and social insurance number, for the purpose of collecting a debt or fine owing by the consumer to Her Majesty in right of the Province,
(4) A consumer reporting agency shall not sell, lease or transfer title to its files or any of them except to another consumer reporting agency registered under this Act. R.S., c. 93, s. 9; 2010, c. 47, s. 1.
(c) information regarding any actions, judgments, accounts or debts that are on their face statute barred unless it is accompanied by evidence appearing in the file that recovery is not statute barred;
(d) information as to any judgment against the consumer unless mention is made of the name and, where available, the address of the judgment creditor as given at the date of entry of the judgment and the amount or, where the judgment is known to have been assigned, where available, the name and address of the assignee and the amount or, in the case where a judgment has been fully paid or satisfied as appears from the records on file at the office of the clerk of the court or the prothonotary of the court and six years has expired since the date of the satisfaction of the judgment, information concerning the judgment unless the consumer has had more than one judgment recorded against him;
(f) information regarding any criminal or summary conviction charges against the consumer where the charges have been dismissed, set aside, withdrawn or in respect of which a stay of proceedings has been entered;
(g) information as to convictions for crimes or summary offences after seven years from the date of conviction or, where the conviction resulted in imprisonment, from the date of the termination of the sentence, provided information as to convictions for crimes shall not be reported if at any time it is learned that after a conviction a full pardon has been granted;
(b) unless he notifies the consumer in writing that a consumer report has been or will be requested and advises him not later than ten days after the report has been requested of the name and address of the consumer reporting agency.
(2) The notice and consent referred to in this Section may be contained in an application for credit, insurance, employment or tenancy if it is clearly set forth in type not less than ten point in size above the signature of the consumer.
(3) Where a user of information contained in a consumer report denies a benefit in whole or in part to a consumer, or increases the cost of the benefit to a consumer, the user shall advise the consumer in writing immediately
(2) A consumer reporting agency may withhold from the disclosures required by subsection (1) any medical information obtained from the consumer's own physician and which the physician has specifically requested in writing be withheld from the consumer in his own best interest.
(b) by telephone if he 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 consumer.
(8) A consumer reporting agency shall not require a consumer to give any undertaking or waive or release any right or chose in action as a condition precedent to his access to his file under this Section. R.S., c. 93, s. 12.
13 (1) Where a consumer disputes the accuracy of any information relating to him in the files of a consumer reporting agency he may file a statement of protest with the consumer reporting agency or the user or both.
(3) Where a consumer report is made by a consumer reporting agency to a user in the Province and the office of the consumer reporting agency is not located in the Province, the user is responsible for complying with subsection (2).
(5) Where a consumer is dissatisfied by the action taken by the consumer reporting agency or the user under this Section he may appeal to the Director who shall investigate the matter. R.S., c. 93, s. 13.
14 (1) The Director may order a consumer reporting agency to amend or delete any information, or by order restrict or prohibit the use of any information, that in his opinion is inaccurate or incomplete or that does not comply with the provisions of this Act or the regulations.
(2) The Director may order a consumer reporting agency to furnish notification to any person who has received a consumer report of any amendments, deletions, restrictions or prohibitions imposed by the Director.
(3) Where the consumer or consumer reporting agency considers himself aggrieved by a decision of the Director under this Section, he may apply to a judge of the Trial Division of the Supreme Court and the judge may confirm, vary or set aside the decision. R.S., c. 93, s. 14.
16 (1) Where the Director receives a complaint in respect of a consumer reporting agency and so requests in writing, the consumer reporting agency shall, where it has received the consumer's consent in writing, furnish the Director with such information respecting the matter complained of as the Director requires.
(3) For the purposes of subsection (1), the Director or any person designated in writing by him may on notice at any reasonable time enter upon the business premises of the consumer reporting agency to make an inspection in relation to the complaint. R.S., c. 93, s. 16.
17 The Minister may by order appoint a person to make an investigation into any matter to which this Act applies as may be specified in the Minister's order and the person appointed shall report the result of his investigation to the Minister, and for the purposes of the investigation the person making it has all the powers, privileges and immunities of a commissioner appointed under the Public Inquiries Act. R.S., c. 93, s. 17.
the Director may by order appoint one or more persons to make an investigation to ascertain whether such a contravention of the Act or regulation or the commission of such an offence has occurred and the person appointed shall report the result of his investigation to the Director.
(2) For purposes relevant to the subject-matter of an investigation under this Section, and notwithstanding Section 9, the person appointed to make the investigation may inquire into and examine the affairs of the person in respect of whom the investigation is being made and may
(a) upon production of his appointment, enter at any reasonable time the business premises of such person and examine books, papers, documents, consumer files and things relevant to the subject-matter of the investigation; and
(b) inquire into negotiations, transactions, loans or borrowings made by or on behalf of or in relation to such person and into property, assets or things owned, acquired or alienated in whole or in part by him or any person acting on his behalf that are relevant to the subject-matter of the investigation,
(3) No person shall obstruct a person appointed to make an investigation under this Section or withhold from him or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation.
(4) Where a judge of the county court is satisfied, upon an ex parte application by the person making an investigation under this Section, that the investigation has been ordered and that such person has been appointed to make it and that there is reasonable ground for believing there are in any building, dwelling, receptacle or place any books, papers, documents or things relating to the person whose affairs are being investigated and to the subject-matter of the investigation, the judge may, whether or not an inspection has been made or attempted under clause (a) of subsection (2), issue an order authorizing the person making the investigation, together with such police officer or officers as he calls upon to assist him, to enter and search, if necessary by force, such building, dwelling, receptacle or place for such books, papers, documents or things and to examine them, but every such entry and search shall be made between sunrise and sunset unless the judge, by the order, authorizes the person making the investigation to make the search at night.
(5) Any person making an investigation under this Section may, upon giving a receipt therefor, remove any books, papers, documents or things examined under clause (a) of subsection (2) or subsection (4) relating to the person whose affairs are being investigated and to the subject-matter of the investigation for the purpose of making copies of such books, papers or documents, but such copying shall be carried out with reasonable dispatch and the books, papers or documents in question shall be promptly thereafter returned to the person whose affairs are being investigated.
(6) Any copy made as provided in subsection (5) and certified to be a true copy by the person making the investigation is admissible in evidence in any action, proceeding or prosecution as prima facie proof of the original book, paper or document and its contents.
(7) The Minister or Director may appoint any expert to examine books, papers, documents or things examined under clause (a) of subsection (2) or under subsection (4). R.S., c. 93, s. 18; revision corrected 1999.
19 (1) Every person employed in the administration of this Act, including any person making an inquiry, inspection or an investigation under Section 16, 17 or 18 shall preserve secrecy in respect of all matters that come to his knowledge in the course of his duties, employment, inquiry, inspection or investigation and shall not communicate any such matters to any other person except
(2) No person to whom subsection (1) applies shall be required to give testimony in any civil suit or proceeding with regard to information obtained by him in the course of his duties, employment, inquiry, inspection or investigation except in a proceeding under this Act or the regulations. R.S., c. 93, s. 19.
20 (1) Any notice or order required to be given, delivered or served under this Act or the regulations is sufficiently given, delivered or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at his last-known address.
(2) Where service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that he did not, acting in good faith, through absence, accident, illness or other cause beyond his control, receive the notice or order until a later date. R.S., c. 93, s. 20.
21 (1) Where it appears to the Director that any person does not comply with any provision of this Act, the regulations or an order made under this Act, notwithstanding the imposition of any penalty in respect of such non-compliance and in addition to any other rights he may have, the Director may apply to a judge of the Trial Division of the Supreme Court for an order directing such person to comply with such provision, and upon the application the judge may make such order or such other order as the judge thinks fit.
and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention, is guilty of an offence and on summary conviction is liable to a fine of not more than two thousand dollars or to imprisonment for a term of not more than one year, or to both.
purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as prima facie proof of the facts stated therein for all purposes in any action, proceeding or prosecution.
(2) Any document under this Act purporting to be signed by the Minister, or any certified copy thereof, is receivable in evidence in any action, prosecution or other proceeding as prima facie proof that the document is signed by the Minister without proof of the office or signature of the Minister. R.S., c. 93, s. 24.
(d) requiring consumer reporting agencies that hold a permit under this Act to be bonded in such form and terms and with such collateral security as are prescribed, and providing for the forfeiture of bonds and the disposition of the proceeds;