CREDIT AND PERSONAL REPORTS REGULATION

Transcription

1 Province of Alberta FAIR TRADING ACT CREDIT AND PERSONAL REPORTS REGULATION Alberta Regulation 193/1999 With amendments up to and including Alberta Regulation 118/2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: [email protected] Shop on-line at

2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

3 (Consolidated up to 118/2015) ALBERTA REGULATION 193/99 Fair Trading Act CREDIT AND PERSONAL REPORTS REGULATION Table of Contents 1.1 Definitions 2.1 Contents of reports 3 Records 3.1 Disclosure to an individual 3.2 Explanation by individual 3.3 Correction of errors 4 Prohibition 5 Offence 6 Expiry 7 Coming into force 1 Repealed AR 144/2003 s2. Definitions 1.1 In this Regulation, (a) Act means the Fair Trading Act; (b) credit information includes information about an individual s occupation, current and previous employers, places of employment, place or places of residence, marital status, spouse s or adult interdependent partner s name and age, number of dependants, educational or professional qualifications, estimated income, paying habits, outstanding debt obligations, fines, restitution orders, cost of living obligations and assets; (c) report means a written, oral or other communication of credit information or personal information, or both, pertaining to an individual; (d) reporting agency means a person who carries on the activity of furnishing reports for gain or profit or on a reciprocal non-profit basis. AR 245/2005 s2

4 Section 2.1 CREDIT AND PERSONAL REPORTS REGULATION AR 193/99 2 Repealed AR 245/2005 s3. Contents of reports 2.1 A reporting agency may include information in its reports only if (a) the information is (i) stored in a form capable of being provided clearly and accurately to the individual who is the subject of the information or the individual s representative, and (ii) collected, used and disclosed in accordance with the Personal Information Protection Act and the Personal Information Protection and Electronic Documents Act (Canada), (b) the information is extracted from information appearing in files stored or collected in a repository located in Canada, regardless of whether the information was obtained from a source outside Canada, (c) the name and address of the source of the information is recorded or retained in its files, or can be readily ascertained by the individual who is the subject of the information, and (d) the information is based on the most reliable evidence reasonably available. AR 245/2005 s4 Records 3 A reporting agency must retain in its possession all information in respect of a file for at least 3 years from the date the information is entered on the individual s file. Disclosure to an individual 3.1(1) Subject to subsections (2), (6) and (7), a reporting agency must, (a) at the written request of an individual or the individual s representative and during normal business hours, clearly and accurately disclose to the individual or representative (i) the nature and substance of all information in the file respecting that individual at the date of the request, 2

5 Section 3.1 CREDIT AND PERSONAL REPORTS REGULATION AR 193/99 and (ii) the sources of the information, unless the sources are readily ascertainable, and (iii) the names of the recipients of any report respecting the individual that it has furnished within the preceding 6 months, (b) at the written request of an individual or the individual s representative, provide copies of any written report furnished within the preceding 6 months respecting that individual or, where the report was oral, written particulars of the contents of the oral report. (2) A reporting agency (a) must, on a request submitted under subsection (1)(a), furnish a report or otherwise disclose the information referred to in that subsection to an individual or the individual s representative once each year at no charge, (b) may establish a reasonable fee for furnishing additional reports or making additional disclosure on request under subsection (1)(a) in the same year to an individual or the individual s representative, and (c) may establish a reasonable fee to furnish copies of a report or the written particulars of the contents of a report referred to in subsection (1)(b) to an individual or the individual s representative. (3) A reporting agency may refuse to disclose or supply information referred to in subsection (1) to an individual or the individual s representative if the reporting agency does not receive the fee established under subsection (2)(b) or (c). (4) When a reporting agency makes a disclosure or provides copies of particulars under subsection (1), the reporting agency must inform the individual or the individual s representative of the individual s right to explain or protest any information contained in the reporting agency s file and the manner in which an explanation or protest may be made. (5) Every reporting agency must have properly trained staff available and accessible to explain to the individual any information furnished to the individual or the individual s representative. 3

6 Section 3.2 CREDIT AND PERSONAL REPORTS REGULATION AR 193/99 (6) The reporting agency must permit the individual or the individual s representative to make an abstract of any information disclosed under this section. (7) Before disclosing an individual s file to the individual, the reporting agency must require the individual to submit identification, and the reporting agency must (a) disclose the file if reasonable identification is submitted, and (b) refuse to disclose the file if reasonable identification is not provided. (8) Before disclosing an individual s file to the individual s representative, the reporting agency must require the representative to submit identification and proof that the person is the individual s representative, and the reporting agency must (a) disclose the file if reasonable identification and proof are submitted, and (b) refuse to disclose the file if reasonable identification or proof is not provided. (9) No reporting agency may require an individual or the individual s representative to give any undertaking or to waive or release any right as a condition of obtaining access to the individual s file and the disclosure of information under this section. AR 245/2005 s5 Explanation by individual 3.2(1) An explanation or additional information provided by an individual to a reporting agency under section 47 of the Act must be in writing and of not more than 100 words. (2) The explanation or additional information referred to in subsection (1) must be included in every report furnished by the reporting agency respecting the individual who provided it. (3) The explanation or additional information referred to in subsection (1) (a) may be removed from the individual s file at any time at the request of the individual, and (b) must be removed by the reporting agency 6 years after the date on which it was placed on the individual s file, unless removed sooner at the request of the individual. AR 245/2005 s5 4

7 Section 3.3 CREDIT AND PERSONAL REPORTS REGULATION AR 193/99 Correction of errors 3.3(1) When an individual disputes the accuracy or completeness of any information referring to the individual in the individual s file maintained by a reporting agency, the individual may file with the reporting agency a written statement of protest of not more than 100 words. (2) When a statement of protest is filed, the reporting agency must use its best efforts to check the accuracy and completeness of all the information disputed and must, within 45 days after the filing of the statement, report to the individual in writing regarding the confirmation, correction, supplementing or deletion of the information in the individual s file in accordance with good practice under the Personal Information Protection Act. (3) The statement of protest referred to in subsection (1) must be included in every report furnished by the reporting agency respecting the individual until the information contained in it has been confirmed, corrected, supplemented or deleted. (4) When a reporting agency confirms, corrects, supplements or deletes information under subsection (2), the reporting agency must provide a copy of the most recent credit report showing the confirmation, correction, supplementing or deletion to (a) the individual, and (b) unless otherwise requested by the individual, every person to whom a report based on the unamended file was given within 6 months before the correction, supplement or deletion is made. AR 245/2005 s5 Prohibition 4(1) The following personal information may not be reported by a reporting agency or contained in its files: (a) information about an individual s health and health care history, including information about a physical or mental disability; (b) information about an individual s sexual orientation; (c) information about a member of an individual s family, other than the name and age of that individual s spouse or adult interdependent partner. (2) A reporting agency must not include the following information about an individual in a report: 5

8 Section 4 CREDIT AND PERSONAL REPORTS REGULATION AR 193/99 (a) unfavourable personal information, unless the reporting agency has corroborating evidence of the unfavourable personal information, and the corroborating evidence is noted with and accompanies the unfavourable personal information; (b) unfavourable information about a debt if more than 6 years has elapsed since the date of the last payment on that debt or the date the debt was incurred, whichever is later; (c) information about a judgment more than 6 years after the judgment was given, unless the creditor or the creditor s agent confirms that the judgment remains unpaid in whole or in part, and the confirmation appears in the file; (d) information about the bankruptcy of an individual more than 6 years after the date the individual was last discharged from bankruptcy, unless the individual has been bankrupt more than once; (e) information about charges against the individual under any federal, provincial or territorial law unless the charges resulted in conviction; (f) information about a conviction of the individual for offences against a law of any jurisdiction more than 6 years after the date of conviction or, where the conviction resulted in imprisonment, after the date of release or parole, and in no case may information about a conviction be reported if the individual has been granted a pardon; (g) information given orally, unless the content of the oral report is noted in writing in the file; (h) any other information adverse to the individual s interest that is more than 6 years old, unless the information is voluntarily supplied by the individual to the reporting agency; (i) information about the race, creed, colour, ancestry, ethnic origin, religion or political affiliation of an individual; (j) information about the payment or non-payment of a lawfully imposed fine more than 6 years after the fine was imposed; (k) information about a court action or court proceeding more than 12 months after the commencement of the court action or court proceeding unless the current status of the 6

9 Section 5 CREDIT AND PERSONAL REPORTS REGULATION AR 193/99 action or proceeding has been ascertained and is included in the report. AR 193/99 s4;144/2003;245/2005 Offence 5 Any person who contravenes section 2.1, 3, 3.1, 3.3 or 4 is, for the purposes of section 162 of the Act, guilty of an offence. AR 193/99 s5;245/2005 Expiry 6 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, AR 193/99 s6;238/2003;245/2005;118/2015 Coming into force 7 This Regulation comes into force on September 1,

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