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ontario regulation 252/07

made under the

consumer reporting act

Made: June 6, 2007
 Filed: June 8, 2007
Published on e-Laws: June 11, 2007
Printed in The Ontario Gazette: June 23, 2007

Amending Reg. 177 of R.R.O. 1990

(General)

1. Regulation 177 of the Revised Regulations of Ontario, 1990 is amended by adding the following sections:

Definitions

0.1 In this Regulation,

“alert” means an alert described in subsection 12.1 (1) of the Act;

“year” means a period of 365 consecutive days or, if the period includes February 29, 366 consecutive days.

. . . . .

Alerts

11. Under subsection 12.1 (8) of the Act, an alert expires on the earlier of,

(a) six years after a consumer reporting agency includes it in a consumer’s file; and

(b) the time that a consumer reporting agency removes it from a consumer’s file at the request of the consumer.

12. (1) If a consumer requires a consumer reporting agency to include an alert in the consumer’s file, the agency shall not require the consumer to pay a fee of more than $5 before the agency includes an alert in the consumer’s file.

(2) If a consumer requires a consumer reporting agency to amend, remove or renew an alert included in the consumer’s file, the agency shall not require the consumer to pay any fee.

13. (1) For the purposes of clause 12.3 (3) (a) of the Act,

“extension of credit or loaning of money” means any extension of credit or loaning of money, except as set out in subsection 12.3 (4) of the Act, and includes,

(a) any increase in a credit limit under a credit agreement for open credit,

(b) the issuance of additional credit cards under a credit agreement for open credit, or

(c) the lending of money on the security of a mortgage or charge of real property.

(2) In subsection (1),

“credit agreement” and “open credit” have the same meaning as in subsection 12.3 (5) of the Act;

“credit card” means a credit card as defined in section 1 of the Consumer Protection Act, 2002.

(3) For the purposes of clause 12.3 (3) (b) of the Act, the following are prescribed as transactions involving a person purporting to be the consumer:

1. The purchase, assignment or collection of a debt of the person.

2. The entering into, amendment, assignment or renewal of a tenancy agreement involving the person.

3. The entering into, amendment, assignment or renewal of an agreement for the purchase, lease or rental of goods or services involving the person.

4. The entering into, amendment or renewal of employment of the person.

5. The underwriting of insurance involving the person.

2. This Regulation comes into force on the later of,

(a) the day subsection 9 (13) of the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force; and

(b) the day this Regulation is filed.