Bill 215 — •• A • the Legish.~Tive Asse~Rnly of Alberta Bill 215 the Consumer Records Act (Legislature 17, Session 4)

L17 S4 5439

Alberta — Bills

1975 Bill 215 •• A • THE LEGISh.~TIVE ASSE~rnLY OF ALBERTA BILL 215 THE CONSUMER RECORDS ACT First Reading ........ . ................... . Second Reading ................. . Third Reading Printed by the Queen's Printer for the Province of Alberta, EDMO;HON

Bill 215 ],1 r. Wilson BILL 215 1975 THE CONSUMER RECORDS ACT (Assented to , 1975) HER l\1:AJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.. ( 1 ) In this Act, (a) "consumer" means a natural person but does not include a person engaging in a transaction, other than relating to employment, in the course of carry ing on a bus!ness, trade 0r profession; (b) "consumer report" means a written, oral or other communication by a consumer reporting agency of credit information or personal information, or both, pertaining to a consumer for consideration in con nection with a purpose set out in clause (

d) of sub section (1) of

section 8; (c) "consumer reporting agency" means a person who for gain or profit or on a regular co-operative non profit basis furnishes consumer reports; (d) "credit information" means information about a consumer as to name, age, occupation, place of resi dence, previous places of resjdence, marital status, spouse's name and age, number of dependants, par ticulars of education or professional qualifications, places of employment, previous places of employ ment, estimated income, paying habits, outstanding debt obligations, cost of living obligations and assets; (e) "Director" means the Director of the Consunler Affairs Branch; (f) "employment purposes" means the purposes of tak ing into employment, granting promotion, reassign ing employment duties or retaining as an employee; (g) "file", when used as a noun, means all of the in formation pertaining to a consumer that is recorded and retained by a consumer reporting ngency, re- gardless of the manner or form in which the infor mation is stored;

Explanatory Notes I. The Bill regulates the giving of consumer reports and governs the disclosure and review of the information. Information as to credit history and as to character and heaHh is included in the controls. The main principles include the following: 1. Consumer reporting agencies are re9uired to be registered. 2. Persons ordering consumer reports are required to notify the consumer. 3. If a credit information results in adverse action, the creditor is required to notify the consumer of the report. 4.

The consumer may inspect all the information a-bout him in the files of any consumer reporting agency. 5. The consumer may have information corrected, through the authority of a tribunal, if necessary. 6. The information that may be included in a consumer report is restricted to maintain a standard of accuracy. recency and cor ro boration.

(h) "Minister" means the Minister of Consumer Affairs; (i) "person" means a natural person, an association of natural persons, a partnership or a corporation; (j) "personal information" means information other than credit information about a consumer's char acter, reputation, health, physical or personal characteristics or mode of living or about any other matter concerning the consumer; (k) "personal information investigator" means a per son who obtains or reports personal information to a consumer reporting agency for hire or reward; (I) "Registrar" means the Registrar of Consumer Reporting Agencies; (m) "regulations" means the regulations made under this Act; (n) "Tribunal" means The Commercial Registration Appeal Tribunal.

(2) This Act applies notwithstanding any agreement or waiver to the contrary. 2.

(1) There shall be a Registrar of Consumer Repor~ ing Agencies who shall be appointed in accordance with The Public Service Act.

(2) The Registrar may exercise the powers and shall per form the duties conferred or imposed upon him by or under this. Act under the supervision of the Director. 3. No person shall conduct or act as a consumer report ing agency or act as a personal information investigator unless he is registered by the Registrar under this Act. 4.

(1) An applicant is entitled to registration or re newal of registration as a consumer reporting agency by the Registrar except where, (

a) having regard to his financial position, the appli cant cannot reasonably be expected to be financially responsible in the conduct of his business; or (

b) the past conduct of the applicant affords reason able grounds for belief that he will not carryon business in accordance with law and with integrity and honesty; or (

c) the applicant is a corporation and, (

i) having regard to its financial position, it can not reasonably be expected to be financially responsible in the conduct of its business, or 2

(d) (ii) the past conduct of its officers or directors affords reasonable grounds for belief that its business will not be carried on in accordance with law and with integrity and honesty; or the. applicant is carrying on activities that are or will be, if the applicant is registered, in contra~en tion of this Act or the regulations.

(2) An applicant is entitled to registration or renewal of registration as a personal information investigator by the Registrar except where the past conduct of the applicant affords reasonable grounds for belief that he will not carry out hjs duties in accordance with law and with integrity and honesty.

(3) A registration is subject to such terms and condi tions to give effect to the purposes of this Act as are im posed by the Tribunal or prescribed by the regUlations.

(4) A registration is not transferable. 5.

(1) Subject to

section 6, the Registrar may refuse to register -an applicant where in the Registrar's opinicn the applicant is disentitled to registration under

section 4.

(2) Subject to

section 6, the Registrar may refuse to renew or 'may suspend or revoke a registration for any reason that would disentitle the registrant to registration under

section 4 if he were an applicant, or where the registrant is in breach of a term or condition of the regis tration. 6.

(1) Where the Registrar proposes to refuse to grant or renew a registration or proposes to suspend or revoke a registration, he shall serve notice of his proposal, together with written reasons therefor, on the applicant or registrant.

(2) A notice under subsection (1) shall inform the ap plicant or registrant that he is entitled to a hearing by the Tribunal if he mails or delivers, within fifteen days after the notice under subsection (1) is served on him, notice in writing requiring a hearing to the Registrar and the Tribunal, and he may so require such a hearing.

(3) Where an applicant or registrant does not r~quire a hearing by the Tribunal in accordance with subsecbo~ (2~, the Registrar may carry out the proposal stated In hIS notice under subsection (1).

(4) Where an aPl?licant or regist.rant requi;es a hear ing by the Tribunal In accordance WIth subsectIOn .(2), the Tribunal shall appoint a time for and hold the ~earIng and, on the application of the Registrar at the hearIng, may by order direct the Registrar to carry out his proposal or 3

refrain from carrying out his proposal and to take such action as the Tribunal considers the Registrnr ought to take in accordance with this Act and the regulations, Ilnd for such purposes the Tribunal may substitute its opinion for that of the Registrar.

(5) The Tribunal may attach such terms and conditions to its order or to the registration as it considers proper to give effect to the purposes of this Act.

(6) The Registrar, the applicant or registrant who has required the hearing and such other persons :15 the Tribunal may specify are parties to proceedings before the Tribunal under this section.

(7) Notwithstanding subsection (1), the Registrar may cancel a registration upon the request in writing of the registrant in the prescribed form surrendering his regis tration.

(8) Where within the time prescribed therefor or, if no time is prescribed, before expiry of his registration, a registrant has applied for renewal of his registration and paid. the prescribed fee, his registration shall be deemed to continue, (

a) until the renewal is granted; or (

b) where he is served with notice that the Registrar proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing has ex pired and, where a hearing is required, until the Tribunal has made its order. 7. A further application for registration may be made upon new or other evidence or where it is clear that material circumstances have changed. 8. (1 ) No consumer reporting agency and no officer or employee thereof shall knowingly furnish any information from the files of the consumer reporting agency except, (

a) in response to the order of a court having j uris diction to issue such an order; (

b) in accordance with the written instructions of the consumer to whom the information relates; (

c) in response to an order or direction made under this Act; or (

d) in a consumer report given to a person who it has reason to believe, (

i) intends to use the information in connection with the extension of credit to or the purchase or collection of a debt of the consumer to whom the information pertains, /. -'tI

(ii) intends to use the information in connectiOl1 with the entering into or renewal of a tenanc;y agreement, (iii) intends to use the information for employment purposes, (iv) intends to use the information in connection with the underwriting of insurance involving the consumer, (

v) intends to use the information to determine the consumers eligibility for any matter under a statute or regulation where the information is relevant to the requirement prescribed by law, (vi) otherwise has a direct business need for the information in connection with a business or credit transaction involving the consumer, or (vii) intends to use the information for the purpose of up-dating the information in a consumer report previously given to him for one of the reasons referred to in subclauses (

i) to (vi).

(2) No person shall knowingly obtain any information from the files of a consumer reporting agency respecting a consumer except for the purposes referred to in sub section (1) •

(3) Notwithstanding subsections (1) and (2), a consumer reporting agency may furn~sh identifying information re specting any consumer, limited to his name, address, former addresses, places of employment, or former places of em ployn1ent, to the Government of Alberta or of Canada or any province thereof or of any agency of such government or the government of any rnunicinality in Canada or any ag-ency thereof or to any police officer acting- in the course of his duties, notwithstanding that such information is not to be used for a purpose mentioned in clause (

d) of su bsection (1).

(4) No person who is or has been registered as a con sumer reporting agency shall sell, lease or transfer title to its files or any of them except to a consumer reporting agency regj stered under this Act. 9.

(1) Everv consumer reporting agency shall adopt all procedures reasonable for ensuring accuracy and fairness in the contents of its consumer reports.

(2) A consumer reporting agency shall not report, (

a) any information that is not stored in a form capable of being produced under

section 11; (b ~ any information that is not extracted from infor mation appearing in files stored or collected in a repository located in Canada regardless of whether 5

or not the information was obtained from a source outside Canada, except where the consumer report is in writing and contains the substance of any prior information orally acquired that conforms to the requirements of this Act.

(3) A consumer reporting agency shall not include in a (!onsumer report, (

a) any credit information based on evidence that is not the best evidence reasonably available; (

b) any unfavourable personal information unless it has nlade reasonable efforts to corroborate the evi dence on which the personal information is based, and the lack of corroboration is noted with and accompanies the information; (

c) information as to judgments after seven years after the judgment was given, unless the creditor or his agent c·onfirms that it remains unpaid in whole or in part, and such confirmation appears in the file; (

d) information as to any judgment against the con sumer unless mention is made of the name and, where available, the address of the juJgrnent creditor or his agent as given at the date of entry of the judgment and the amount; (

e) information as to the bankruptcy of the consumer after seven years from the date of the discharge except where the consumer has been bankrupt more than once; (

f) information regarding- any judgments, collections or debts that on their face are statute barred unless it is accompan1ed by evidence appearing in the file that recovery is not barred by the expiration of a limitation period; (

g) information as to the payment or non-payment of taxes or lawfully imposed fines after seven years; (

h) information as to convictions for crimes, after seven years from the date of conviction or, where the convjction resulted in imprisonment, from the date of release or parole, provided information as to convictions for crimes shall not be reported if at any time it is learned that after a conviction an absolute discharge or a full pardon has been granted; (

i) information regarding writs that are more than seven years old or writs that were issued against the consumer more than twelve months prior to the making of the report unless the consumer reporting agency has ascertained the current status of the action and has a record of this on file; 6

(

j) information regarding any criminal charges against the consumer where the charges have been dis missed, set aside or withdrawn; (

k) any.other adverse item of information where more t~an seven years have expired since the informa tion was acquired or last reaffirmed; (1) information as to race, religious beliefs, colour, sex, ancestry, place of origin, or political affiliation; or (

m) any information given orally in the consumer report unless the content of the oral report is recorded in the file;

(4) Every consumer reporting agency shall maintain in its file respecting a person all the material and information of which the person is entitled to disclosure under

section 11. 10.

(1) Every person shall, where requested by a con sumer in writing· or personally, inform the consumer whether or not a consumer report respecting him has been or is to be referred to in connection with any spedfiel transaction or matter in which such person is engaged, and, if so, of the name and address of the consumer reporting agency supplying the report.

(2) No person shall procure from a consumer reporting agency or cause it to prepare a consumer report containing personal information respecting a consumer unless he notifies the consumer of the fact in writing before the re port is requested and, where the consumer so requests in writing or personally, he shall inform the consumer of the name and address of the consumer reporting agency supply ing the report.

(3) Where a person proposes to extend credit to a con sumer and a consumer report containing credit information only is being or may be referred to in connection with the transaction, he shall give notice of the fact to the consumer . in writing at the time of the anlication for credit, or if the application is made orally, orally at the time of the applica tion for credit. ( 4) Where, before extending credit, the proposed creditor obtains the acceptance or refusal of an assignment or pro posed assignment of the credit transaction by an assignee or proposed assignee. subsection (3) applies to the assignee or proposed assignee in the same manner as to the person proposting to extend credit, but the g-iving of a notice under subsection (3) by a person proposing to extend credit or under this subsection by his assignee or proposed assignee shall be deemed to be sufficient notice by both.

(5) No person extending credit to a consumer shall divulge to other credit grantors or to a consumer reporting 7

agency a~y personal information respecting the· consumer except wIth the consent of the consumer or on his referral unless he notifies the consumer in writing at the time of the application for credit that he intends to do SQ.

(6) Any notice. referred to in this

section shall be clearly set forth in bold' type or underlined and in letters not less than ten point in size.

(7) Where'a benefit is denied to a consumer or a charge to a consumer is increased either wholly or partly because of information received from a consumer reporting agency or a person other than a consumer reporting agency the user of such information shall deliver to the consumer at the time such action as communicated to the consumer notice of the fact and, upon the request 'Of the consumer made within sixty days after such notice, shall inform the con sumer, (

a) of the nature and source 'Of the information where the information is furnished by a person other than 'a consumer reporting agency; or (

b) of the name and address 'Of the consumer reportin~r agency, where the information 1S furnished by a conSUMer reporting agency. and the notice required to be given by the user under this subsection shall contain notice of the consumers rhrht to request the informati'On referred to in clauses (

a) and (

b) and the time limited therefor. 11.

(1) Every consumer renorting agency shall at the written request of a consumer and during normal bus;ness hours clearly and accurately disclose to the consumer, with out charge; (

a) the nature and substance of all informa~;on in its files pertaining to the consumer at the tIme of the request; (

b) the source~ of credit informati'On ; (

c) the names ()f the recipients of anv consump.r renort pertaininQ" to the c'OD.sumer that it has furnished, containing. (

i) personal information, within the one year period precedin~ the request, and (ii) ct'edit inform at jon, within the six mont.h per;Qd preceding the request; (

d) copies of any written consumer report pertaining to the conSl.1mer made to any other nerson or, where the renort was oral, particular~ of the content of such oral re- not't, furnished, . (

i) where the renort contains ~ersonal In.forlTla tion, within the one year perIod preCedIng the request, and •

(ii) w~e~e the rel?ort contains credit information, wIthIn the SIX month period preceding the request. and shall jnform the consumer of his right to pro test. any Information contained in the file under sectIons 12 and 13 and the manner in which a pro test may be made . . .

(2) A consum~r reporting agency shall withhold from the dIsc~osures :equIre? by subsection (1) any medical infor ma~lOn obtaIned wIth the written consent of the consumer whlCh t~e c0l!s!lmers 0'Yn physician has specifically re quested In wrItIng be wIthheld from the consumer in his own best interest.

(3) The disclosures required under this

section shall be made to the consumer, (a) (

b) in person if he appears in person and furnishes proper identification; by telephone if he has made a written request with sufficient identification, fl)r telephone dinciosul"e and the toll charge, if any, for the telephone call is prepaid or charged directly to the consumer. ( 4) Every consumer reporting agency shall provide trained personnel to explain to the consumer any informa tion furnished to him under this section.

(5) The consumer shall be permitted to be accompanied by one other person of his choosing to whom theconsurner reporting agency may be required by the consumer to dis- close his file. .

(6) The consumer reporting agency shall permit the consumer to whom information is disclosed under this sec tion to make an abstract thereof.

(7) A consumer reporting agency shall require reason able identificatjon of the consun1er and a person accompany ing him before making disclosures under this section.

(8) A consumer reporting agency shall not require a consumer to give any undertaking or waive or. rel~ase any right as a condition precedent to his access to hIS fIle under this section. 12.

(1) Where a consumer disputes the accuracy or completeness of any item of informa.tion contained in hjs file the consumer reporting agency within a reasonable tim~ shall use its best endeavours to confirm or complete the information and shall correct, supplement or delete the information in accordance with good practice. 9

(2) Where a c~nsumer ~eporting agency corrects, supple ments of dele~es Informabon under subsection (1), the con sumer .reporting agency shall furnish notification of the correctIOn, supplement or deletion to, (

a) all persons who have been supplied with a consumer report based on the unamended file within sixty ?ays before the correction, supplement or deletion IS made; and (

b) the persons specifically designated by the consumer from among those who have been supplied with a consumer report based on the unamended file, (

i) where the report contains personal informa tion, within the one year period preceding the correction, supplement or deletion, and (ii) where the report contains credit information, within the six month period preceding the correction, supplement or deletion. 1.3.

(1) The Registrar may order a consumer reporting agency to amend or delete any information, or by order restrict or prohibit 'the use of any inforrnation, that in his opinion is inaccurate or incomplete or that does not comply with the provisions of this Act or the regulations. (2) . The Registrar may order a consumer reporting agency to furnish notification to any person who has re ceived a consumer report of any amendments, deletions, restrictions or prohibitions imposed by the Registrar.

(3) Where the consumer or consumer reporting agency considers himself aggrieved by a decision of the Registrar under this section, he may apply to the Tribunal for a hear ing and

section 6 applies, mutatis -mutandis, to the decision in the same manner as to a proposal by the Registrar under

section 6 and as if the consumer and the consumer reporting agency each were an applicant or regjstrant, except that an order of the RegiFltrar may be issued and take effect im mediately, but the Tribunal may grant a stay until the order becomes final.

(4) At a hearing before the Tribunal for the purposes of subsection (3), the Tribunal may require the c~msumer .re porting agency to disclose the source of any InformatIon contained in its files. 1.4. Every consumer reporting agency shall, within five days after the event, notify the Registrar in writing of, (

a) any change in its address for service; (

b) any change in the officers in the case of a corpora tion or of the members in the case of a partnership: and 10

(

c) any commencenlent or termination of employment of a personal information investigator. 15.

(1) Where the Registrar receives a written complaint in respect of a consumer reporting agency and so directs in writing, the consumer reporting agency shall furnish the Registrar with such information respecting the matter com plained of as the Registrar requires.

(2) The direction under subsection (1) shall indicate the nature of the inquiry involved.

(3) For the purposes of subsection (1), the Registrar 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 rela tion to the complaint. 16.

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 Ministers order and the person anpointed shall report the result of his investigation to the Minister, and for the purposes of the investigation, the person making it has the powers of a commissioner under The Public Inquiries Act, which Act applies to such investi gation as if it were an inquiry under the Act. 17.

(1) Where~ upon a statement made under oath, the Director believes on reasonable and probable grounds that any person has, (

a) contravened any of the provisions of this Act or the regulations; or . (

b) committed an offence under the Criminal Code (Canada) or under the Jaw of any jurisdiction that is relevant to his fitness for registration under this Act, the Director may by order a.ppoint one or more persons to make an investigation to ascertain whether such a contra vention of the Act or reQ"ulation or the commission of such an offence has occurred and the person annointed 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 sec tion 8, the person appointed to make the investigatio~ may inquire into and examine the affairs of the person In re spect 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 per son and examine books, paners. documents, con sumer files and things relevant to the subject matter of the investigation; and 11

(

b) inquire into negotiations, transactions loans bor rowings made by or on behalf of or i~ relation to such person. and int? prope~y, 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, ~nd fo.r t~e purposes of the inquiry, the person making the Invesbgal.IOn has the powers of a commissioner under The Public Inquiries Act, which Act applies to such inquiry as if it were an inquiry under the Act.

(3) No person shall obstruct a person appojnted to make an investigation under this

section Qr withhold from him or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation.

(4) Where a provjncial judge 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 in vestigation the provincial judg£ may, whether Qr 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, re centacle or place for such books, papers, documents or things and to examine them, but every such entry and search shall be n1ade between sunrise and sunset unless the pro vincial 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 subsectiQn (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 subs~tion <,5) an~ certified to be a true copy by the person makIng the InvestI gation 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 a~point an~ exnert to examine books, papers, documents or thIngs e~amIned under clause (

a) of subsection (2) or under subsectIon (4). 12

(1) Every person employed in the administration of th~s Act, in~ludin.g a~y person making an inquiry, in spectIon or an lnvestIgatIon under

section 15 16 or 17 shall preserve secrecy in respect of all matters that come to his ~nowle?ge in ~he c0t;trse. of his duties, employment, inquiry, InspectIon or InvestIgatIon and shall not communicate any such matters to any other person except, (

a) as may be required in connection with the adminis tration of this Act and the regulations or any pro ceedings under this Act or the regulations; or (

b) to his counsel; or (

c) with the consent of the person to whom the inform ation relates.

(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 investiga tion except in a proceeding under this Act or the regulations. 19.

(1) Any notice or order required to be given, de livered or served under this Act or the regulations is suffi ciently 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 except that a notice under

section 10, 12 or 14 is sufficiently given if sent by ordinary mail.

(2) Where service is made by 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, acci dent, illness.or .other cause beyol!d_ his cpntrol receive the notice or order untn-a later date. 20.

(1) Where it appears to the Director that any per son does not comply with any provisions of this Act, the regulations or an order made under this Act, notwithstand ing the imposition of any penalty in respect of such non conlpliance and in addition to any other rights he may have, the Director may apply to a judge of the Supreme Court for an order directing such person to comply with such provision, and upon the application, the judge m~y ma~e such order or such other order as the judge thinks fIt.

(2) An appeal lies to the Appellate Division of the Supreme Court from an order made under subsection (1). 21. No person shall knowingly supply false or mislead ing information to another who is engaged in making a. consumer report. 13

(1) Every person who, (

a) k~owi.ngly, furnis~es false information in any ap plIcatIOn l}nder thIS Act or in any statement 'Or re turn re9-ulred to be furnished under this Act or the regulations; (

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

c) contravenes any provision of this Act or the regulations, ~nd every dir~ctor or officer of a corporation who know ~ngly. concurs In such furnishing, failure or contravention IS gUIlty of an offence and on

summary conviction is liable to a fine of not n10re than $2,000 or to' imprisonment f'Or a term 'Of not more than one year, or t'O b'Oth.

(2) Where a c'Orporation is convicted of an 'Offence un der subsection (1), the maximum penalty that may be im· posed upon the c'Orporation is $25,000 and n'Ot as pr'Ovided therein.

(3) No proceeding under clause (

a) of subsecti'On (1) shall be commenced m'Ore than 'One year after the faets upon which the proceeding is based first came t'O the know . ledge 'Of the Direct'Or.

(4) N'O proceeding under clause (b) 'Or (c) 'Of subsecti'On (1) shall be c'Ommenced more than two years after the time when the subject-matter of the proceeding arose. 23.

(1) A statement as to, (

a) the registration or n'On-registration 'Of any pers'On; (

b) the filing 'Or non-filing of any document 'Or material required or permitted t'O be filed with the Regis- trar; (

c) the time when the facts upon which pr'Oceedings are based first came t'O the knowledge 'Of the Director; 'Or (

d) any 'Other matter pertaining t'O such registration, non-registration, filing 'Or n'On-filing, purporting to be certified by the Dire~t'Or is, with<?ut pr<>?f 'Of the office or signature of the Director, recelva~le In evidence as pri'ma facie proof of th~ facts stated th~reln for all purposes in any action, proceeding 'Or prosecution.

(2) Any docUlnent under this J\c~ purp'Orting to ~ signed by the :~Minister, or any ~ertIfled cop~ thereof, IS receivable in evidence in any action, prosecutI'On or oth~r pr'Oceeding as prima facie proof that the ~ocume~t IS signed by the Minister without proof of the offlce or slgna- ture of the Minister. 14

24. :rhe Lieutenant Governor in Council may make regulatIons, (

a) exempting any class of persons from this Act or the reg-ulations or any provision thereof; (

b) governIng applications for registration or renewal of registration and prescribing terms and condi tions of registration; (

c) req1;liring. the payment of fees on application for regIstratIon or removal of registration and pre- scribing the amounts thereof; , ( d) "requiring registered consumer reporting agencies 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; (

e) prescribing further procedures respecting the con duct of matters coming before the Tribunal; (

f) requiring and governing the books, accounts and record~ re!ating to the due compliance with the provisions of this Act that shall be kept by con sumer reporting agencies; (

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

h) prescribing information that must be contained in a consumer report; (

i) requiring consumer reporting agencies to make re turns and furnish information to the Registrar; (

j) prescribing forms for the purposes of this Act and providing for their use; (

k) requiring any information required to be furnished or contained in any form or return to be verified by affidavit. 25.

(1) The Lieutenant Governor in Council may estab lish a board to be known as the "Commercial Registrstion Appeal Tribunal" composed of not more than three mem bers appointed by the Lieutenant Governor in Council.

(2) No member of the Tribunal shall be appointed for a term of more than three years but any member is eligible for reappointment.

(3) The Lieutenant Governor in Council shall prescribe the fees or remuneration to be paid to members of the Tribunal. 15

(4) The members of the Tribunal shall be paid expenses as prescribed by the regulations for subsistence and travel ling while absent from their ordinary places of residence and in the course of their duties as members of the Tribunal.

(5) The -Lieutenant Governor in Council shall designate one of the members of the Tribunal as chairman. ( 6) In the case of illness, absence or other disability of the chairman, the member with the longest period of ser vice on the Tribunal and present, shall act in the stead of the chairman.

(7) For the purpose of subsection (6) where two persons have an equal period of service on the Tribunal the member earliest named in the order appointing the members and present shall act in the stead of the chairman. 26.

(1) Notwithstanding any provision of this Act, a consumer reporting agency is not required to disclose the source of any information acquired before this Act comes into force.

(2) This

section is repealed on the 1st day of July, 1976. 27. This Act comes into force on a day to be fixed by proclamation. 16 Title: 1975 (17th, 4th) Bill 215, The Consumer Records Act

Document details

Collection	Alberta — Bills
Citation	L17 S4 5439
Type	bill
Volume / chapter	L17 S4 5439
Language	en
Format	json
Source	PROVINCIAL
Identifier	5539f004829550bcb03252caea125ca464334fb5

Source file is stored in the law ingest library (json).