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Consumer Reporting Act
Loi sur les renseignements concernant le consommateur

R.R.O. 1990, REGULATION 177

Amended to O. Reg. 24/05

GENERAL

Historical version for the period February 3, 2005 to July 29, 2005.

This Regulation is made in English only.

Application

1. (1) An application for registration as a consumer reporting agency or a renewal thereof shall be in a form provided by the Minister. R.R.O. 1990, Reg. 177, s. 1 (1).

(2) An application for registration as a personal information investigator or a renewal thereof shall be in a form provided by the Minister. R.R.O. 1990, Reg. 177, s. 1 (2).

(3) A notice by a consumer reporting agency under clause 15 (a), (b) or (c) of the Act shall be in a form provided by the Minister. R.R.O. 1990, Reg. 177, s. 1 (3).

Exemptions

2. A person licensed as a private investigator under the Private Investigators and Security Guards Act is exempt from paying the prescribed fee upon registration. R.R.O. 1990, Reg. 177, s. 2.

3. A user shall withhold from the disclosure required by subsection 10 (7) of the Act any medical information obtained with the written consent of the consumer which the consumer’s own physician specifically requests in writing be withheld from the consumer in the consumer’s own best interest. R.R.O. 1990, Reg. 177, s. 3.

4. A person providing counselling service in respect of consumer credit and who is receiving public money under the Ministry of Community and Social Services Act for that purpose is exempt from the Act. R.R.O. 1990, Reg. 177, s. 4.

Fees

5. The following fees are payable to the Registrar:

1. $290, upon application for registration as a consumer reporting agency or renewal of the registration.

2. $290, for each branch office of a consumer reporting agency.

3. $190, upon application for registration as a personal information investigator or renewal of the registration. O. Reg. 517/97, s. 1.

6. No person shall be registered as a consumer reporting agency or a personal information investigator unless the person,

(a) if an individual, is eighteen years of age or over; and

(b) if an applicant for registration as a consumer reporting agency, has had at least two years of actual or related experience in all phases of consumer reporting. R.R.O. 1990, Reg. 177, s. 6.

Terms and Conditions of Registration

7. (1) Every registration expires on the date shown on the certificate of registration unless an application for renewal of registration in a form provided by the Minister, together with the appropriate fee prescribed in section 5, is filed with the Registrar prior to the date of expiry. R.R.O. 1990, Reg. 177, s. 7 (1).

(2) A registered consumer reporting agency shall not carry on business in a name other than the name in which the agency is registered or invite the public to deal at a place other than that authorized by the registration. R.R.O. 1990, Reg. 177, s. 7 (2).

(3) Every person registered as a consumer reporting agency shall operate from a permanent business premises in Ontario. R.R.O. 1990, Reg. 177, s. 7 (3).

(4) Every applicant for registration shall state in the application an address for service in Ontario. R.R.O. 1990, Reg. 177, s. 7 (4).

(5) Where an applicant for registration is a corporation, a copy of a current financial statement prepared by a person licensed under the Public Accountancy Act, or where the corporation is recently incorporated or is a sole proprietorship or partnership, an opening financial statement prepared by a person licensed under the Public Accountancy Act shall be attached to the application. R.R.O. 1990, Reg. 177, s. 7 (5).

(6) A consumer reporting agency shall not operate any branch office unless such branch office is authorized by the registration. R.R.O. 1990, Reg. 177, s. 7 (6).

(7) Where the registration of a consumer reporting agency or personal information investigator is suspended, revoked or surrendered, the registrant shall immediately return the certificate of registration to the Registrar by registered mail. R.R.O. 1990, Reg. 177, s. 7 (7).

(8) The Registrar may require further information or material to be submitted by any applicant or registered person within a specified time limit and may require verification by affidavit or otherwise of any information or material then or previously submitted. R.R.O. 1990, Reg. 177, s. 7 (8).

8. Every personal information investigator shall, within five days after the event, notify the Registrar of,

(a) any change in the investigator’s address for service and such notice shall be in a form provided by the Minister; and

(b) any commencement or termination of the investigator’s employment and such notice shall be in a form provided by the Minister. R.R.O. 1990, Reg. 177, s. 8.

9. Where a consumer reporting agency is a corporation it shall, within five days after the event, notify the Registrar in a form provided by the Minister where there is a change in a director of the corporation or where there is a change in its controlling interest. R.R.O. 1990, Reg. 177, s. 9.

10. A voluntary cancellation of registration under subsection 6 (7) of the Act shall be in a form provided by the Minister. R.R.O. 1990, Reg. 177, s. 10.

Credit Repairers

11. For the purposes of section 13.8 of the Act, a representation, express or implied, that a credit repairer makes by any means to the effect that the credit repairer will be able to fix, repair or otherwise improve the consumer report, credit information, file, personal information, credit record, credit history or credit rating of a consumer is a prohibited representation unless,

(a) the credit repairer makes the representation after having examined the consumer’s consumer report, credit information, file, personal information, credit record, credit history or credit rating; and

(b) the credit repairer reasonably concludes that the consumer’s consumer report, credit information, file, personal information, credit record, credit history or credit rating information is inaccurate or incomplete and that the correction, supplementing or deletion of any item of information would cause a material improvement to it. O. Reg. 468/01, s. 1.

Note: On July 30, 2005, section 11 is revoked. See: O. Reg. 24/05, ss. 1, 3.

12. (1) The written contract for credit repair services mentioned in clause 13.2 (1) (a) of the Act must be a contract between the credit repairer and the consumer and must contain,

(a) the name and address of the consumer;

(b) the credit repairer’s name, business address, telephone number and, if any, fax number;

(c) the name of the salesperson of the credit repairer who entered into the contract on behalf of the credit repairer;

(d) the signature of the salesperson of the credit repairer who entered into the contract on behalf of the credit repairer;

(e) a description of whatever goods or services are required by the contract that is sufficient to identify them with certainty;

(f) the statement set out in the Schedule, located on one page and in not less than 10 point type, in which the heading “Your Rights under the Consumer Reporting Act” is in not less than 12 point bold type;

(g) if the statement set out in the Schedule is not located entirely on the first page of the contract, a notice on the first page of the contract in not less than 12 point bold type indicating where in the contract the statement is located;

(h) an itemized list of what portion of the contract price is attributable to each of the goods or services required by the contract;

(i) the total amount of the contract price;

(j) an estimate of the date by which the services will be performed or the goods delivered under the contract; and

(k) the terms of payment that the contract requires for the contract price. O. Reg. 468/01, s. 1.

(2) The statement of the matters described in clauses (1) (a), (b), (c) and (e) to (k) that is required to be contained in the written contract for credit repair services shall be legible and in not less than 10 point type, unless those clauses state otherwise. O. Reg. 468/01, s. 1.

Note: On July 30, 2005, section 12 is revoked. See: O. Reg. 24/05, ss. 1, 3.

SCHEDULE

YOUR RIGHTS UNDER THE CONSUMER REPORTING ACT

Under provincial law, you have the right to dispute the accuracy or completeness of the information in your credit file directly with the consumer reporting agency. You do not need to hire a company to do this. If your file contains any inaccurate or incomplete information, the consumer reporting agency must correct it within a reasonable time and under some circumstances notify individuals who have been given a report based on the incorrect or incomplete information. See subsection 13 (2) of the Act.

You may also file a complaint with the Registrar of Consumer Reporting Agencies regarding the information in your credit file. You do not need to hire a company to do this. The Registrar can order that the information in your credit file be amended or deleted, and that persons who have received a consumer report be notified of the amendment or deletion. You also have appeal rights where you disagree with the Registrar’s decision.

You do not have the right to have accurate, current information removed from files that a consumer reporting agency maintains. In most circumstances, the agency must remove accurate, negative information from your report only if it is over seven years old. In most circumstances, accurate and timely information, even if negative, may be reported for up to seven years.

In addition to any cancellation rights that you have under any other legislation, you may cancel this contract within five days of receiving the contract. You do not need a reason to cancel. To cancel, you must give notice of cancellation to the address shown on this contract by any means that allows you to prove the cancellation date.

You cannot be required to give, and the seller cannot accept, money or security for payment before a material improvement has been made to your credit file. If you have given money or security for payment before a material improvement has been made to your credit file, you are entitled to demand that it be returned, and the seller must comply within five days of receiving the demand.

You are also entitled to sue for the return of any money or security given before a material improvement has been made to your credit file. If a court finds in your favour, you will recover the full value of your payment or security, without any reduction for services or goods the seller may have provided. The seller will also be liable for court costs. As well, you may be awarded exemplary or punitive damages of up to $1,000.

O. Reg. 468/01, s. 2.

Note: On July 30, 2005, the Schedule is revoked. See: O. Reg. 24/05, ss. 2, 3.