The Credit Reporting Act — Bill 38 (2005) [First Reading Bills]

Bill 38 (Bill38-2004)

Saskatchewan — Bills

2004 1 1 CREDIT REPORTING BILL No. 38 of 2004

An Act respecting Credit Reporting TABLE OF CONTENTS

PART I Preliminary Matters 1

Short title 2

Interpretation 3 Non-application of Act 4 Appointment of registrar of credit reporting

PART II Licensing of Credit Reporting Agencies 5 Licence required 6 Application for licence or renewal of licence 7 Issuance or renewal of licence 8 Refusal to issue or renew licence 9 Suspension or cancellation of licence 10 Terms and conditions of a licence 11 Licence not transferable 12 Expiry and renewal of licence 13 Audit of licensees 14 Licensee to notify registrar if circumstances change 15 Notification by registrar

PART III Regulation of Credit Reporting DIVISION 1 Credit Reports 16 Credit reports 17 To whom credit reports may be provided 18 Content of credit report 19 Consent or notice required 20 Notice of denial of benefit or increase of cost of benefit DIVISION 2 Disclosure of Information 21 Disclosure to consumer by credit reporting agency 22 No condition precedent to disclosure DIVISION 3 Disputes 23 Dispute by consumer re information on file 24 Investigation by credit reporting agency 25 Registrar’s order DIVISION 4 General 26 Duty to maintain records 27 Supplying false information prohibited 28 Sale, lease or transfer of credit reporting agency 29 Waiver of benefits ineffective; inclusion of certain clauses forbidden

PART IV Investigations 30

Interpretation of

Part 31 Investigation by registrar 32 Production of records 33 Copies of records 34 Warrant 35 Costs of investigation outside of Saskatchewan 36 Court order

PART V Appeals 37 Appeal to court 38 Documents to be filed with the court for purposes of appeal 39 Decision by court 40 Appeal to Court of Appeal 41 Application for stay

PART VI General 42 Agreements with other jurisdictions 43 Restrictions on access to records 44 Evidence re certificate of registrar 45 Evidence of carrying on business without a licence 46 Service 47 Offences and penalties 48 Limitation on prosecution 49 Immunity 50 Regulations 51 R.S.S. 1978, c.C-44 repealed 52 Coming into force

2004CREDIT REPORTING 2 2 (Assented to , 2004) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

PART I Preliminary Matters

Short title 1 This Act may be cited as The Credit Reporting Act.

Interpretation 2 In this Act: (a) “consumer” means an individual; (b) “court” means the Court of Queen’s Bench; (c) “credit information” means the following information about a consumer: (

i) the consumer’s name, age, marital status and number of dependants; (ii) the name and age of the spouse of the consumer; (iii) the consumer’s current address and any former addresses; (iv) the occupation of the consumer, including: (

A) the educational and professional qualifications of the consumer; and (

B) the consumer’s current and former places of employment; (

v) the consumer’s income or estimated income, paying habits, assets and outstanding debt obligations, including cost of living obligations; (d) “credit report” means any written, oral or other communication by a credit reporting agency of credit information, personal information, or both, pertaining to a consumer; (e) “credit reporting agency” means a person who provides credit reports: (

i) for gain or profit; or (ii) on a regular, co-operative and non-profit basis; (f) “file” means all the information about a consumer recorded or retained by a credit reporting agency regardless of the manner or form in which the information is stored; (g) “licence” means a valid licence pursuant to this Act; (h) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned;

2004 3 3 CREDIT REPORTING (i) “personal information” means information about a consumer’s character, reputation, health, physical or personal characteristics and mode of living, but does not include credit information; (j) “prescribed” means prescribed in the regulations; (k) “registrar” means the person appointed as registrar of credit reporting pursuant to

section 4 and includes any deputy registrar appointed pursuant to clause 4(1)(b). Non-application of Act 3(1) This Act does not apply to a credit reporting agency if the credit reports provided by the credit reporting agency: (

a) deal only with industrial or commercial enterprises; and (

b) are distributed only to industrial or commercial enterprises.

(2) All or any prescribed provision of this Act does not apply: (

a) to any prescribed person or any prescribed class of persons; or (

b) in any prescribed circumstance. Appointment of registrar of credit reporting 4(1) The minister may appoint: (

a) a person as registrar of credit reporting for the purposes of this Act; and (

b) one or more persons as deputy registrars.

(2) The registrar may appoint any person to carry out any responsibility imposed on the registrar pursuant to this Act or to exercise any power conferred on the registrar pursuant to this Act.

(3) The exercise of any of the registrar’s powers or the carrying out of any of the registrar’s responsibilities by a person to whom they are delegated is deemed to be the exercise or the carrying out by the registrar.

PART II Licensing of Credit Reporting Agencies Licence required 5 No person shall operate or act as a credit reporting agency without holding a licence issued or renewed pursuant to this Part. Application for licence or renewal of licence 6 In order to obtain or renew a licence, a credit reporting agency shall: (

a) apply to the registrar in the form provided by the registrar; (

b) provide the registrar with: (

i) an address for service in Saskatchewan; and (ii) any other information that the registrar may reasonably require; (

c) submit to the registrar the prescribed application fee; and (

d) comply with any other prescribed requirements.

2004CREDIT REPORTING 4 4 Issuance or renewal of licence 7 The registrar may issue a licence to an applicant, or renew the licence of an applicant, if the registrar: (

a) receives an application pursuant to

section 6; and (

b) is satisfied that the applicant has complied with this Act and the regulations. Refusal to issue or renew licence 8 Subject to

section 15, on receipt of an application pursuant to

section 6, the registrar may refuse to issue or renew a licence if the registrar has reasonable grounds to believe that: (

a) based on the past conduct of the applicant, or any officers, directors or representatives of the applicant, the applicant will not carry on business with honesty and integrity and in accordance with this Act, the regulations or any term or condition of the licence; (

b) the applicant has made a false or misleading statement, with respect to any matter that the registrar considers material, in an application pursuant to

section 6 or in any of the information or material submitted to the registrar in support of an application; or (

c) it is not in the public interest to issue or renew the licence. Suspension or cancellation of licence 9(1) Subject to

section 15, the registrar may suspend or cancel a licence on any ground on which the registrar might have refused to issue or renew the licence pursuant to

section 8.

(2) If the registrar considers it appropriate to do so, and on receipt of any prescribed reinstatement fee, the registrar may reinstate a licence that has been suspended. Terms and conditions of a licence 10(1) On issuing, renewing or reinstating a licence, the registrar may include any terms and conditions that the registrar considers appropriate.

(2) Subject to

section 15, at any time after a licence is issued, renewed or reinstated, the registrar may amend the terms and conditions of the licence. Licence not transferable 11 A licence issued, renewed or reinstated pursuant to this

Part is not transferable. Expiry and renewal of licence 12 Unless renewed pursuant to

section 7 or cancelled pursuant to

section 9, a licence expires on the expiration of the prescribed period. Audit of licensees 13(1) For the purpose of verifying a licensee’s continued eligibility for a licence, the registrar may, at any time: (

a) require the licensee to submit to the registrar any further information or material that the registrar may reasonably require; and

2004 5 5 CREDIT REPORTING (

b) require verification, by affidavit or otherwise, of any information or material submitted to the registrar pursuant to clause (a).

(2) No licensee who receives a request from the registrar pursuant to subsection (1) shall fail to comply with that request within the period specified by the registrar. Licensee to notify registrar if circumstances change 14(1) Within 30 days after a prescribed change in circumstances, an applicant or licensee shall notify the registrar in writing.

(2) Subject to

section 15, after receiving information that there has been a change in circumstances in accordance with subsection (1), the registrar may: (

a) refuse to issue or renew a licence; (

b) suspend or cancel a licence; or (

c) amend the terms and conditions of a licence.

(3) Subject to

section 15, if an applicant or licensee fails to comply with subsection (1), the registrar may: (

a) refuse to issue or renew a licence; (

b) suspend or cancel a licence; or (

c) amend the terms and conditions of a licence. Notification by registrar 15(1) The registrar shall not do any or all of the following without providing written notice to the applicant or licensee and giving the applicant or licensee an opportunity to make written representations: (

a) refuse to issue or renew a licence; (

b) suspend or cancel a licence; (

c) amend the terms and conditions of a licence.

(2) Notwithstanding subsection (1), if the registrar considers that it is necessary and in the public interest to take immediate action, the registrar may immediately suspend or cancel a licence without providing written notice to the licensee and giving the licensee an opportunity to make written representations, but the registrar shall give the licensee an opportunity to make written representations within 15 days after the date on which the registrar suspends or cancels a licence.

(3) On receiving an applicant’s or licensee’s written representations pursuant to this section, the registrar shall, within a reasonable period: (

a) consider the submissions and make a decision; (

b) notify the applicant or licensee, in writing, of the registrar’s decision; (

c) provide written reasons for the registrar’s decision; and (

d) provide the applicant or licensee with information respecting the right of appeal pursuant to

section 37.

2004CREDIT REPORTING 6 6

PART III Regulation of Credit Reporting DIVISION 1 Credit Reports Credit reports 16 Every credit reporting agency shall adopt all reasonable procedures to ensure credit reports are accurate and fair. To whom credit reports may be provided 17(1) No credit reporting agency shall knowingly provide to any person any information from the files of the credit reporting agency except in a credit report provided: (

a) to a person who the credit reporting agency has reason to believe: (

i) intends to use the information in connection with: (

A) the extension of credit to the consumer to whom the information relates; or (

B) the purchase or collection of a debt of the consumer to whom the information relates; (ii) intends to use the information in connection with the entering into or renewal of a tenancy 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 consumer’s eligibility for any matter pursuant to any Canadian law, if the information is relevant to the eligibility requirement; (vi) has a direct business need for the information in connection with a business or credit transaction involving the consumer that is not mentioned in subclauses (

i) to (v); (vii) intends to use the information for t

Document details

Collection	Saskatchewan — Bills
Citation	Bill 38 (Bill38-2004)
Type	bill
Volume / chapter	bill fr 8603 12792.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e0c1376ffb609e1e9241b3599b2ac8216600dccd

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