Fairness in Consumer Reporting Act, 2017 Potts, Arthur — Bill 167 (41st Parliament, 2nd Session)

Bill 167, 41-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 167, Fairness in Consumer Reporting Act, 2017

Potts, Arthur

Please select

View bill

Status

Debates

Acts affected

Original

[41] Bill 167 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Consumer Reporting Act . The

amendments include the following:

1. Consumer

reporting agencies are required to respond to a consumer inquiry no later than

two business days after receiving the inquiry.

2. Upon

the request of a consumer, consumer reporting agencies are required to provide a

copy of the person's consumer report free of charge.

3. A

consumer may request that a consumer reporting agency place a notice of

security freeze on the consumer's file. The consumer reporting agency is

required to place the notice on the file no later than two business days after

receiving the request and is prohibited from disclosing information in the

consumer's file until the notice is removed.

Bill 167 2017

Act to amend the Consumer Reporting Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Consumer Reporting Act is amended by adding the

following section:

Time

limit for replying to consumer inquiry

11.1 Every

consumer reporting agency shall reply to an inquiry of a consumer no later than

two business days after receiving the inquiry.

Section 12 of the Act is amended by adding the following subsections:

Copies

of consumer report to be provided annually

(9) Subject

to subsection (10), every consumer reporting agency shall, if a consumer so

requests, provide a copy of the person's consumer report free of charge in the

form requested by the consumer no later than two business days following the

day on which the request is received.

Same,

limit

(10) A

consumer reporting agency is not required to provide a copy of a consumer

report free of charge under subsection (9) if the consumer has already

received, free of charge, five copies of the report from the agency in a

twelve-month period.

Subsection 12.1 (10) of the Act is amended by adding "on and after January 1,

2021" after "a consumer reporting agency may".

The Act is amended by adding the following section:

Notice

of security freeze

12.4

(1) A

consumer may request that a consumer reporting agency place a notice of security

freeze on the consumer's file by contacting the agency in accordance with the

regulations and providing the prescribed information.

Same

(2) A

consumer reporting agency shall, no later than two business days after a

request is received under subsection (1), place a notice of security freeze on

the consumer's file.

Effect

of notice

(3) If

a consumer's file includes a notice of security freeze that has not expired,

the consumer reporting agency shall not disclose any information from the file

to any person, other than the notice of security freeze, without first

obtaining the express consent of the consumer.

Exception

(4) Despite

subsection (3), information from the file may be disclosed to prescribed

governmental agencies.

Removal

of freeze

(5) A

consumer may request that a consumer reporting agency remove a notice of security

freeze that has been placed on the consumer's file by contacting the agency in

accordance with the regulations and providing the prescribed information.

Same

(6) A

consumer reporting agency shall, no later than two business days after a

request is received under subsection (5), remove the notice of security freeze

from the consumer's file.

Fees

(7) A

consumer reporting agency shall not charge a fee for the placement and removal

of up to two notices of security freeze for a consumer during a twelve-month

period but may require a fee to be paid by the consumer before any subsequent

placement or removal of a notice of security freeze during that twelve-month

period.

(1) Subsection 13 (1) of the Act is amended by striking out "within

a reasonable time" and substituting "no later than 15 business days after

receiving notice of the consumer's concern".

(2) Subsection

13 (2) of the Act is amended by adding the following clause:

(0.

a) all

other consumer reporting agencies in Ontario;

Section 25 of the Act is amended by adding the following clause:

(

m) governing

the application of

section 12.4, including, without limiting the generality of

the foregoing,

(

i) governing

how a consumer may make a request under subsection 12.4 (1) or (5),

(ii) prescribing

information to be provided for the purposes of a request under subsection 12.4

(1) or (5),

(iii) prescribing

governmental agencies for the purposes of subsection 12.4 (4),

(iv) governing

the fees a consumer reporting agency may require to be paid under subsection

12.4 (7), including providing for circumstances in which fees may not be charged;

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Fairness in Consumer

Reporting Act, 2017 .

Date Bill stage Activity Committee

October 19, 2017

Ordered referred to Standing Committee

Standing Committee on Justice Policy

October 19, 2017

Second Reading

Carried

October 19, 2017

Second Reading

Debate

October 17, 2017

First Reading

Carried

Debates and Progress

First Reading

October 17, 2017

Committee

Second Reading

October 19, 2017

Mr. Arthur Potts, Mr. Jim McDonell, Mr. Percy Hatfield, Mr. Yvan Baker, Mr. Bill Walker, Hon. Tracy MacCharles, Mr. Mike Colle

October 19, 2017

Declared carried. Referred to the Standing Committee on Justice Policy.

Committee

Standing Committee on Justice Policy

Third Reading

Royal Assent

Acts affected - Bill 167

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Consumer Reporting Act

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 167, 41-2
Type	bill
Volume / chapter	p41 s2 bill 167 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	92acfd8b8fa034e0f2163214fd933aa299e833d4

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