Access to Consumer Credit Reports and Elevator Availability Act, 2018 MacCharles, Hon. Tracy Minister of Government and Consumer Services — Bill 199 (41st Parliament, 2nd Session)

Bill 199, 41-2

Ontario — Bills

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Bill 199, Access to Consumer Credit Reports and Elevator Availability Act, 2018

MacCharles, Hon. Tracy Minister of Government and Consumer Services

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Original

[41] Bill 199 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Consumer Reporting Act and the Technical Standards and Safety Act, 2000 .

Consumer Reporting Act

Section

12 is remade to give consumers a right to obtain disclosure of consumer scores

and to provide for the rules respecting such disclosures. The remade

section 12

also modifies the existing rules respecting disclosures of consumer reports. A

new

section 12.0.1 sets out the requirements respecting which method of

generating a consumer score a consumer reporting agency is required to use.

The

Act is amended to provide for security freezes on consumers' files. New

section

12.4 provides the requirements respecting security freezes and new

section 12.5

provides the information consumer reporting agencies are required to publish

respecting security freezes and security alerts.

Amendments

are made to expand the information the Registrar may require a consumer

reporting agency to obtain and provide to the Registrar. The amendments also

provide the Registrar with the authority to order an agency to amend or delete

certain credit and personal information or prohibit or limit the use of credit

and personal information. A new

section 16.1 provides for inquiries by the

Registrar.

Technical Standards and Safety Act, 2000

assessor appointed by the Corporation is allowed to impose an administrative

penalty on a person if the assessor is satisfied that the person has

contravened or is contravening a prescribed provision of the Act or the

regulations, a restriction, limitation or condition of a prescribed

authorization or a prescribed Minister's order or a prescribed director's order.

The prescribing regulation is made by the Lieutenant Governor in Council. The

person against whom an order imposing an administrative penalty is made can

appeal the order to the person prescribed by a regulation made by the Minister

or to the Licence Appeal Tribunal if the Minister has not prescribed a person

for that purpose.

The

Lieutenant Governor in Council may make regulations governing standards of

availability for elevating devices or classes of them, including standards for

their repair and time requirements for their repair, governing the reporting of

outages as related to elevating devices or classes of them and requiring a

director to establish one or more publicly accessible databases of information

with respect to elevating devices or classes of them.

Bill 199 2018

Act to amend the Consumer Reporting Act and the Technical Standards and Safety

Act, 2000

Her

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

Province of Ontario, enacts as follows:

Consumer Reporting Act

The French version of the Consumer Reporting Act is

amended by striking out "Commission" wherever it appears in the following

provisions and substituting in each case "Tribunal":

1. Subsection

4 (3).

2. Subsections

6 (2), (3) and (6).

3. Clause

6 (8) (b).

4. Subsection

14 (4).

5. Clause

25 (e).

Subsection 1 (1) of the Act is

amended by adding the following

definitions:

"consumer

score" means a consumer score as defined in the regulations, or if consumer

score is not defined in the regulations, a score, grade or value assigned to a

consumer that is generated from information about the consumer maintained by a

consumer reporting agency; ("pointage du consommateur")

"prescribed"

means prescribed by the regulations made under this Act; ("prescrit")

The French version of subsections 6 (4) and (5) of the Act is repealed and the

following substituted:

Pouvoirs

du Tribunal

(4) Si

l'auteur de la demande ou l'inscrit demande une audience devant le Tribunal

conformément au paragraphe (2), le Tribunal fixe la date et l'heure de

l'audience, et la tient. À la demande du registrateur à l'audience, le Tribunal

peut enjoindre à celui-ci, par ordonnance, de mettre à exécution son intention

ou de s'en abstenir, ou de prendre les mesures qu'il estime opportunes aux

termes de la présente loi et des règlements. À cette fin, il peut substituer

son opinion à celle du registrateur.

Conditions

de l'ordonnance

(5) Le

Tribunal peut assortir son ordonnance ou l'inscription des conditions qu'il considère

opportunes pour l'application de la présente loi.

Clause 9 (3) (

m) of the Act is repealed and the following substituted:

(

m) any

other information that may be prescribed.

Section 12 of the Act is repealed and the following substituted:

Right

of consumer to request disclosure

(1) A

consumer may, in writing, request a consumer reporting agency to provide,

(

a) the

consumer's consumer report; or

(

b) the

consumer's current consumer score and consumer report.

Content

of disclosure under cl. (1) (a)

(2) If

a consumer makes a request under clause (1) (a), the consumer reporting agency

shall, in accordance with this section,

section 12.0.1 and any prescribed

requirements, disclose to the consumer the following information:

1. The

nature and substance of all information in the consumer reporting agency's

files pertaining to the consumer at the time of the request.

2. The

sources of credit and personal information.

3. The

name and contact information, including the address, telephone number and email

address, of every person on whose behalf the file has been accessed within the

three-year period preceding the request.

4. If

the agency furnished a consumer report pertaining to the consumer within the

one-year period preceding the request,

i. the

names and contact information, including the address, telephone number and

email address, of the recipients of that report, and

ii. a

copy of the consumer report if it was furnished in writing or the particulars

of the content of the report if it was furnished orally.

5. If

the agency furnished a consumer score, or any other information evaluating the

credit or personal information of the consumer within the one-year period

preceding the request,

i. the

names and contact information, including the address, telephone number and

email address, of the recipients of that score or information, and

ii. the

score and the particulars of any other information evaluating the credit or

personal information of the consumer.

6. Any

other information relating to the consumer score that may be prescribed.

Content

of disclosure under cl. (1) (b)

(3) If

a consumer makes a request under clause (1) (b), the consumer reporting agency

shall, in accordance with this section,

section 12.0.1 and any prescribed

requirements, generate the consumer's current consumer score and disclose the

following information to the consumer:

1. The

consumer score.

2. The

date on which the consumer score was generated.

3. The

range of possible consumer scores under the method used.

4. The

factors used by the agency in generating consumer scores under the method used.

5. The

information listed in subsection (2).

6. Any

other information that may be prescribed.

Disclosure

of right to dispute

(4) When

a consumer reporting agency discloses information under this section, the

agency shall inform the consumer of his or her right to dispute any information

contained in the file under

section 13 and the manner in which a dispute may be

made.

Request

for disclosure

(5) When

making a request for disclosure under this section, a consumer shall,

(

a) provide

the consumer reporting agency with a copy of any prescribed identification and

a copy of any other identification the agency may reasonably require to verify

the consumer's identity;

(

b) indicate

to the consumer reporting agency by which of the methods referred to in

subsection (6) the consumer chooses to receive the disclosure; and

(

c) provide

the consumer reporting agency with any other prescribed information.

Method

of disclosure

(6) A

consumer reporting agency shall disclose information in whichever of the

following methods the consumer chooses in the consumer's request:

1. In

person, if the consumer attends personally at the agency's premises during

normal business hours for that purpose.

2. By

telephone.

3. By

mail.

4. Electronically.

5. By

a prescribed method of disclosure.

Timing

of disclosure

(7) The

consumer reporting agency shall make disclosures required under this

section in

accordance with the following rules respecting timing:

1. If

a consumer chooses to receive the disclosure in person, by telephone or by

mail, the consumer reporting agency shall have the information available or

mail the information, as applicable,

i. on

or before the prescribed deadline, or

ii. if

no deadline is prescribed, within a reasonable time in the circumstances after

the consumer provides everything required under subsection (5).

2. If

a consumer chooses to receive the disclosure electronically, the consumer

reporting agency shall send the electronic copy,

i. on

or before the prescribed deadline, or

ii. if

no deadline is prescribed, on or before the day that is two business days after

the consumer provides everything required under subsection (5).

3. If

the consumer chooses to receive the disclosure by a prescribed method the

consumer reporting agency shall provide the disclosure on or before the

prescribed deadline.

Plain

language

(8) A

disclosure made under this

section must be in understandable language and if it

is made in writing it must be easily readable.

Consumer's

adviser

(9) A

consumer who chooses to receive a disclosure in person shall be permitted to be

accompanied by one other person of his or her choosing to whom the consumer

reporting agency may be required by the consumer to disclose the consumer's

information.

Trained

personnel

(10) Every

consumer reporting agency shall provide trained personnel to explain to the

consumer any information disclosed to him or her under this section.

Explanation

of consumer score

(11) If

a consumer who received a disclosure under subsection (3) makes a request in

accordance with any prescribed requirements to the consumer reporting agency

that made the disclosure, the agency shall explain to the consumer how the

consumer's credit or personal information has affected the consumer's consumer

score.

Fees

(12) A

consumer reporting agency shall not charge a fee for making a disclosure under

this

section unless the agency is permitted to do so by the regulations.

Same,

exception for electronic disclosure

(13) Despite

subsection (12), if the consumer requests the electronic disclosure of a

consumer report or a consumer score and consumer report and the consumer

reporting agency has already made an electronic disclosure to the consumer two

or more times during the calendar year in which the request is made, the agency

may charge a fee for the disclosure, subject to any prescribed limitations.

Same,

exception for disclosure under cl. (1) (b)

(14) Despite

subsection (12), if the consumer requests the disclosure, by any method, of a

consumer score and consumer report under clause (1) (

b) and the consumer

reporting agency has already made a disclosure by any method under subsection

(3) to the consumer two or more times during the calendar year in which the

request is made, the agency may charge a fee for the disclosure, subject to any

prescribed limitations.

conditions

(15) A

consumer reporting agency shall not require a consumer to give any undertaking

or waive or release any right as a condition of receiving a disclosure under

this section.

Exception

for certain medical information

(16) A

consumer reporting agency shall withhold from the disc

Document details

Collection	Ontario — Bills
Citation	Bill 199, 41-2
Type	bill
Volume / chapter	p41 s2 bill 199 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	dcf6f2c19d9f600d5449503843a0817b5eb45583

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