Consumer Reporting Act
Consumer Reporting Act, R.S.O. 1990, c. C.33
Bills that amended this Act7
- Bill 142enact
Better for Consumers, Better for Businesses Act, 2023
“1ST SESSION, 43RD LEGISLATURE, ONTARIO 2 CHARLES III, 2023 Bill 142 (Chapter 23 of the Statutes of Ontario, 2023) An Act to enact the Consumer Protection Act, 2023, to amend the Consumer Reporting Act and to amend or repeal various other Acts The Hon.”
- Bill 167amend
Fairness in Consumer Reporting Act, 2017
“-- 2 of 4 -- Bill 167 2017 An 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: 1 The Consumer Reporting Act is amended by addin...”
- Bill 199amend
Access to Consumer Credit Reports and Elevator Availability Act, 2018
“2ND SESSION, 41ST LEGISLATURE, ONTARIO 67 ELIZABETH II, 2018 Bill 199 An Act to amend the Consumer Reporting Act and the Technical Standards and Safety Act, 2000 The Hon.”
- Bill 41amend
Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2023
“The Consumer Reporting Act is amended to prohibit the inclusion in consumer reports of information respecting any coerced debt.”
- Bill 7amend
Consumer Reporting Amendment Act, 2010
“2 ND SESSION, 39 TH LEGISLATURE, ONTARIO 59 ELIZABETH II, 2010 2e SESSION, 39e LÉGISLATURE, ONTARIO 59 ELIZABETH II, 2010 Bill 7 Projet de loi 7 An Act to amend the Consumer Reporting Act Loi modifiant la Loi sur les renseignements concernant le consommateur Mr.”
- Bill 8amend
Access to Consumer Credit Reports and Elevator Availability Act, 2018
“3RD SESSION, 41ST LEGISLATURE, ONTARIO 67 ELIZABETH II, 2018 Bill 8 (Chapter 7 of the Statutes of Ontario, 2018) An Act to amend the Consumer Reporting Act and the Technical Standards and Safety Act, 2000 The Hon.”
- Bill 99amend
Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2022
“The Consumer Reporting Act is amended to prohibit the inclusion in consumer reports of unfavourable information about a consumer that resulted from human trafficking.”
Sections93
- [s0]
Interpretation and Administration
- 1.
- 1Definitions and interpretation
1 (1) In this Act, “consumer” means a natural person but does not include a person engaging in a transaction, other than relating to employment, in the course of carrying on a business, trade or profession; (“consommateur”) “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 connection with a purpose set out in clause 8 (1) (d); (“rapport sur le consommateur”) “consumer reporting agency” means a person who for gain or profit or on a regular co-operative non-profit basis furnishes consumer reports; (“agence de renseignements sur le consommateur”) Note: On July 1, 2026, the day named by order of the Lieutenant Governor in Council, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2018, c. 7, s. 2) “consumer score” mea…
- 2.
- [s2]
- 2Registrar
2 (1) The Deputy Minister shall appoint a person as the Registrar of Consumer Reporting Agencies. 1998, c. 18, Sched. E, s. 56. Duties (2) The Registrar may exercise the powers and shall perform the duties conferred or imposed upon the Registrar by or under this Act. R.S.O. 1990, c. C.33, s. 2 (2); 2009, c. 33, Sched. 10, s. 4 (1); 2023, c. 23, Sched. 2, s. 2 (1). Policies (3) The Registrar may establish written policies regarding the interpretation, administration and enforcement of the Act. 2023, c. 23, Sched. 2, s. 2 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 56 - 18/12/1998 2009, c. 33, Sched. 10, s. 4 (1) - 15/12/2009 2023, c. 23, Sched. 2, s. 2 (1, 2) - 06/12/2023
- 3.
- [s3]
Registration
- 4.
- 3Registration required
3 No person shall conduct or act as a consumer reporting agency or act as a personal information investigator unless registered by the Registrar under this Act. R.S.O. 1990, c. C.33, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 34, s. 9 (3) - 01/04/2007
- 5.
- 4Registration
4 (1) An applicant is entitled to registration or renewal of registration as a consumer reporting agency by the Registrar except where, (a) having regard to the applicant’s financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of business; or (b) the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry on 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 cannot reasonably be expected to be financially responsible in the conduct of business, or (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 (d) the applicant is carrying on activities that are, o…
- 6.
- 5Refusal to register
5 (1) Subject to section 6, the Registrar may refuse to register an applicant where in the Registrar’s opinion the applicant is disentitled to registration under section 4. R.S.O. 1990, c. C.33, s. 5 (1). Revocation and refusal to renew (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 the registrant were an applicant, or where the registrant is in breach of a term or condition of the registration. R.S.O. 1990, c. C.33, s. 5 (2).
- 7.
- 6Notice of proposal to refuse or revoke
6 (1) Where the Registrar proposes to refuse to grant or renew a registration or proposes to suspend or revoke a registration, the Registrar shall serve notice of the proposal, together with written reasons therefor, on the applicant or registrant. R.S.O. 1990, c. C.33, s. 6 (1). Notice requiring hearing (2) A notice under subsection (1) shall state that the applicant or registrant is entitled to a hearing by the Tribunal if the applicant or registrant mails or delivers, within fifteen days after service of the notice under subsection (1), notice in writing requiring a hearing to the Registrar and the Tribunal, and the applicant or registrant may so require such a hearing. R.S.O. 1990, c. C.33, s. 6 (2); 2018, c. 7, s. 1. Powers of Registrar where no hearing (3) Where an applicant or registrant does not require a hearing by the Tribunal in accordance with subsection (2), the Registrar ma…
- 8.
- [s8]
- 7Further applications
7 A further application for registration may be made upon new or other evidence or where it is clear that material circumstances have changed. R.S.O. 1990, c. C.33, s. 7.
- 9.
- [s9]
Duties and Investigations
- 10.
- 11.
- 8To whom reports may be given
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 jurisdiction 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, (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…
- 12.
- 9Procedures of agencies
9 (1) Every consumer reporting agency shall adopt all procedures reasonable for ensuring accuracy and fairness in the contents of its consumer reports. R.S.O. 1990, c. C.33, s. 9 (1). Information included in consumer report (2) A consumer reporting agency shall not report, (a) any information that is not stored in a form capable of being produced under section 12; (b) any information that is not extracted from information appearing in files stored or collected in a repository located in Canada regardless of whether 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. R.S.O. 1990, c. C.33, s. 9 (2). Idem (3) A consumer reporting agency shall not include in a consumer report, (a) any credit information based on eviden…
- 10Disclosure of report on request
10 (1) Every person shall, where requested by a consumer in writing or personally, inform the consumer whether or not a consumer report respecting him or her has been or is to be referred to in connection with any specified 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. R.S.O. 1990, c. C.33, s. 10 (1). Notice of intention to get consumer report (2) No person shall request or obtain a consumer report, (a) containing personal information about a consumer; or (b) on the basis that the person is considering extending credit to a consumer who has not, at the time of the request, made application for credit, unless that person first gives written notice of the fact to the consumer and, where the consumer so requests, informs the consumer of the name and address of the consumer reporting agency su…
- 13.
- 11Supplying list of names
11 (1) No person shall, (a) supply a list of names and criteria to a consumer reporting agency in order to obtain an indication of the names of the persons named in the list who meet the criteria; or (b) in any way other than as described in clause (a), obtain information about a consumer from a consumer reporting agency, without first notifying in writing each person named on the list or about whom information is being obtained that such a list is being submitted or that information is being requested and, where any person affected so requests, informing that person of the name and address of the agency involved. R.S.O. 1990, c. C.33, s. 11 (1). Exception where compliance with subs. 10 (3) (2) Clause (1) (b) does not apply to a person obtaining information about a consumer under subsection 10 (3) where the person has complied with subsection 10 (3). R.S.O. 1990, c. C.33, s. 11 (2). Rest…
- 13.1
- 12Right of consumer to disclosure
12 (1) Every consumer reporting agency shall, at the written request of a consumer and during normal business hours, clearly and accurately disclose to the consumer, without charge, (a) the nature and substance of all information in its files pertaining to the consumer at the time of the request; (b) the sources of credit information; (c) the name and, at the option of the consumer reporting agency, either the address or telephone number of every person on whose behalf the file has been accessed within the three-year period preceding the request; (d) the names of the recipients of any consumer report pertaining to the consumer that it has furnished, (i) containing personal information, within the one year period preceding the request, and (ii) containing credit information, within the six month period preceding the request; (e) copies of any written consumer report pertaining to the cons…
- 13.2
- 12 #15Right of consumer to request disclosure
12 (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. 2018, c. 7, s. 5. Electronic requests (2) A consumer may make a request under subsection (1) electronically. 2018, c. 7, s. 5. Content of disclosure under cl. (1) (a) (3) 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 information. 3. The name and contact information, including the address and the telephone number or email address, of every person on whose behalf the fil…
- 13.3
- 12.0.1Consumer scores
12.0.1 (1) Subject to subsection (2), when generating a consumer score, a prescribed consumer reporting agency shall use the method that is most commonly used by the agency to generate scores. 2018, c. 7, s. 5. Note: On the day section 5 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 comes into force, subsection 12.0.1 (1) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 2, s. 4) Consumer scores (1) Subject to subsection (2), the method used to generate a consumer score in response to a request from a consumer shall be a method that is similar to the method that the consumer reporting agency would most commonly use if a creditor had requested the score in respect of the consumer. 2023, c. 23, Sched. 2, s. 4. Prescribed method of generating consumer score (2) If the regulations prescribe a method of generating a consumer score t…
- 13.4
- 12.1Alert to verify identity of consumer
12.1 (1) A consumer may require a consumer reporting agency to include, in the consumer’s file, an alert warning persons to verify the identity of any person purporting to be the consumer. 2006, c. 34, s. 9 (5). Consumer must provide contact information (2) A consumer who requires a consumer reporting agency to include an alert in the consumer’s file shall provide, for inclusion in the alert, a telephone number or other method, prescribed by the regulations, of contacting the consumer to verify the identity of any person purporting to be the consumer. 2006, c. 34, s. 9 (5). Time limit for including alert in file (3) The consumer reporting agency shall include the alert in the consumer’s file as soon as practicable after being required to do so under subsection (1). 2006, c. 34, s. 9 (5). No obligation if contact information not provided (4) The consumer reporting agency is not required t…
- 13.5
- 12.2When alert to be given
12.2 If a consumer’s file includes an alert under section 12.1 that has not expired, the consumer reporting agency shall give the alert to every person to whom any information from the file is disclosed. 2006, c. 34, s. 9 (6). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 9 (6) - 01/01/2008
- 13.6
- 12.3If person receives an alert
12.3 (1) This section applies if a person receives an alert from a consumer’s file under section 12.2 in connection with a transaction, described in subsection (3), involving a person purporting to be the consumer. 2006, c. 34, s. 9 (7). Duty to verify identity (2) The person who received the alert shall not proceed with the transaction without taking reasonable steps to verify that the person involved in the transaction is the consumer. 2006, c. 34, s. 9 (7). Transactions covered (3) A transaction referred to in subsection (1) is, (a) the extension of credit or the loaning of money, as defined in the regulations; or (b) any other transaction prescribed by the regulations. 2006, c. 34, s. 9 (7). Exception for transactions covered (4) Clause (3) (a) does not include an advance under a credit agreement for open credit unless the credit agreement is amended to provide for the advance. 2006,…
- 13.7
- 12.4Security freeze
12.4 (1) A prescribed consumer reporting agency shall place a security freeze on the file of a consumer on or before the prescribed deadline if, (a) the consumer has, in accordance with this section and any prescribed requirements, required the agency to place a security freeze on the file; and (b) the consumer has complied with subsection (9) and any prescribed requirements. 2018, c. 7, s. 6. Effect of security freeze (2) During the period that a security freeze on a consumer’s file is in effect, the consumer reporting agency shall not disclose any credit or personal information about the consumer maintained by the agency, including any consumer scores, to any person. 2018, c. 7, s. 6. Note: On the day section 6 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 comes into force, subsection 12.4 (2) of the Act is repealed and the following substituted: (See: 20…
- 13.8
- 19. #20
- 12.5Publication of information re alerts and freezes
12.5 Every prescribed consumer reporting agency shall, in accordance with any prescribed requirements, publish the following information on a website maintained by the agency: 1. A description of alerts and their implications. 2. A description of security freezes and their implications. 3. Information respecting how a consumer may request an alert or security freeze. 4. Information respecting how a consumer may remove an alert and terminate a security freeze. 5. Repealed: 2023, c. 23, Sched. 2, s. 6. 6. Any other prescribed information respecting consumer alerts and security freezes. 2018, c. 7, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 7, s. 6 - 01/07/2026 2023, c. 23, Sched. 2, s. 6 - 06/12/2023 Note: On July 1, 2026, the day named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2023, c. 23, Sched. 2, s. 7)
- 14.
- 12.6Explanatory statements
12.6 (1) A consumer may deliver to a consumer reporting agency a written explanatory statement of no more than 200 words pertaining to any information in the consumer’s file. 2023, c. 23, Sched. 2, s. 7. Time period (2) A consumer reporting agency in receipt of an explanatory statement referred to in subsection (1) shall include the statement in the consumer’s file within the prescribed time period or, if no such period has been prescribed, within a reasonable time period. 2023, c. 23, Sched. 2, s. 7. Explanatory statements in reports (3) If an explanatory statement has been included in a consumer’s file, the consumer reporting agency shall incorporate the statement in every report furnished by the agency in respect of the consumer so long as the report contains information pertaining to the statement. 2023, c. 23, Sched. 2, s. 7. Amendments or removals of explanatory statements (4) A co…
- 15.
- 13Correction of errors
13 (1) Where a consumer disputes the accuracy or completeness of any item of information contained in his or her file, the consumer reporting agency within a reasonable time shall use its best endeavours to confirm or complete the information and shall correct, supplement or delete the information in accordance with good practice. R.S.O. 1990, c. C.33, s. 13 (1). Note: On July 1, 2026, the day named by order of the Lieutenant Governor in Council, subsection 13 (1) of the Act is repealed and the following substituted: (See: 2018, c. 7, s. 7) Correction of errors (1) Subject to any prescribed limitations, a consumer may, in accordance with any prescribed requirements, dispute the accuracy or completeness of any item of information contained in his or her file and the consumer reporting agency shall, within a reasonable time and in accordance with any prescribed requirements, use its best e…
- 16.
- 13.1-13.8
13.1-13.8 Repealed: 2002, c. 30, Sched. E, s. 5 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 8 (3) - 06/12/2000 2002, c. 30, Sched. E, s. 5 (2) - 30/07/2005
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- 17. #24
- 14Order by Registrar re information
14 (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 information, that in the Registrar’s opinion is inaccurate or incomplete or that does not comply with the provisions of this Act or the regulations. R.S.O. 1990, c. C.33, s. 14 (1). Note: On July 1, 2026, the day named by order of the Lieutenant Governor in Council, subsection 14 (1) of the Act is repealed and the following substituted: (See: 2018, c. 7, s. 8 (1)) Order by Registrar re proof and documentation (1) In connection with a complaint made to the Registrar in respect of a consumer reporting agency or in connection with an inspection or investigation of a consumer reporting agency undertaken under this Act, the Registrar may order a consumer reporting agency to, (a) obtain proof or documentation of the credit and personal information conta…
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- [s26]
- 15Notice of material changes
15 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 corporation or of the members in the case of a partnership; and (c) any commencement or termination of employment of a personal information investigator. R.S.O. 1990, c. C.33, s. 15.
- 18. #26
- 19.
- [s27]
- 16Complaints
16 (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 complained of as the Registrar requires. R.S.O. 1990, c. C.33, s. 16 (1). Idem (2) The direction under subsection (1) shall indicate the nature of the inquiry involved. R.S.O. 1990, c. C.33, s. 16 (2). Idem (3) Repealed: 2023, c. 23, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 23, Sched. 2, s. 8 - 06/12/2023 Note: On July 1, 2026, the day named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2018, c. 7, s. 9)
- 19. #27
- 20.
- 16.1Inquiry by Registrar
16.1 (1) For the purposes of ensuring compliance with this Act and the regulations, the Registrar, or a person designated by the Registrar in writing, may inquire into, and direct a consumer reporting agency to provide, within such time as the Registrar or designated person may specify, information about the agency’s practices in connection with any of the requirements in this Act and the regulations. 2018, c. 7, s. 9. Duty to provide information (2) If the Registrar or a designated person requires the production of information from a consumer reporting agency under subsection (1), the consumer reporting agency shall provide that information to the Registrar or designated person within the specified time. 2018, c. 7, s. 9. Orders (3) If, after giving the consumer reporting agency an opportunity to be heard, the Registrar determines that a practice of the agency contravenes this Act or th…
- 21.
- [s29]
- 16.2Inspection powers
16.2 (1) The Registrar or any person designated in writing by the Registrar may conduct an inspection and may, as part of the inspection, enter and inspect at any reasonable time the business premises of a registrant, other than any part of the premises used as a dwelling, for the purpose of, (a) ensuring the registrant’s compliance with this Act and the regulations; (b) responding to a complaint made against the registrant under section 16; or (c) ensuring the registrant remains entitled to be registered. 2023, c. 23, Sched. 2, s. 9. Use of force (2) An inspector is not entitled to use force to enter and inspect the business premises of a registrant. 2023, c. 23, Sched. 2, s. 9. Identification (3) An inspector shall, upon request, produce evidence of the inspector’s authority to carry out an inspection. 2023, c. 23, Sched. 2, s. 9. Powers of inspector (4) An inspector conducting an insp…
- 22.
- 16.3Inspection of non-registrants
16.3 (1) If the Registrar has reasonable grounds to believe that an activity for which registration is required is occurring, the Registrar or a person designated in writing by the Registrar may conduct an inspection and may, as part of the inspection, enter and inspect at any reasonable time the business premises of a person or entity, other than any part of the premises used as a dwelling, for the purpose of determining whether the person or entity is carrying on the activity. 2023, c. 23, Sched. 2, s. 9. Application of s. 16.2 (2) Subsections 16.2 (2) to (12) apply to the inspection described in subsection (1) of this section, reading references to a registrant as references to the person or entity whose business premises are subject to the inspection. 2023, c. 23, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 23, Sched. 2, s. 9 - 06/12/2023
- 23.
- 17Appointment of investigators
17 (1) The Director may appoint persons to be investigators for the purposes of conducting investigations. 2006, c. 34, s. 9 (8). Certificate of appointment (2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature. 2006, c. 34, s. 9 (8). Production of certificate of appointment (3) Every investigator who is conducting an investigation, including under section 18, shall, upon request, produce the certificate of appointment as an investigator. 2006, c. 34, s. 9 (8). Section Amendments with date in force (d/m/y) 2002, c. 30, Sched. E, s. 5 (3) - 30/07/2005 2006, c. 34, s. 9 (8) - 01/04/2007
- 19. #31
- 24.
- [s32]
- 18Search warrant
18 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that, (a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness for registration under this Act; and (b) there is, (i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness for registration, or (ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for registration that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. 2006, c. 34, s. 9 (9); 2019…
- [s33]
- 18.1Seizure of things not specified
18.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations. 2006, c. 34, s. 9 (9). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 9 (9) - 01/04/2007
- 25.
- 18.2Searches in exigent circumstances
18.2 (1) An investigator may exercise any of the powers described in subsection 18 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant. 2006, c. 34, s. 9 (9). Dwellings (2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling. 2006, c. 34, s. 9 (9). Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. 2006, c. 34, s. 9 (9). Applicability of s. 18 (4) Subsections 18 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section. 2006, c. 34, s. 9 (9). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 9 (9) - 01/04/2007
- 20Service
- 18.3Report when things seized
18.3 (1) An investigator who seizes any thing under the authority of section 18, 18.1 or 18.2 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 5 (4). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 18, 18.1 or 18.2 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 18, 18.1 or 18.2 of this Act. 2019, c. 14, Sched. 10, s. 5 (4). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 5 (4) - 10/12/2019
- [s36]
General
- 19Confidentiality
19 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned; (b.1) as authorized under the Regulatory Modernization Act, 2007; (c) to an entity or organization prescribed by the regulations, if the purpose of the communication is the …
- 21Restraining order
21 (1) Where it appears to the Director that any person does not comply with any provision of this Act, the regulations or an order made under this Act, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights he or she may have, the Director may apply to the Superior Court of Justice for an order directing such person to comply with such provision, and upon the application, the court may make such order or such other order as the court thinks fit. R.S.O. 1990, c. C.33, s. 21 (1); 2001, c. 9, Sched. D, s. 14. Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1). R.S.O. 1990, c. C.33, s. 21 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. D, s. 14 - 29/06/2001
- [s39]
- 22False information
22 No person shall knowingly supply false or misleading information to another who is engaged in making a consumer report. R.S.O. 1990, c. C.33, s. 22.
- 23Offences
23 (1) Every person who, (a) knowingly, furnishes false information in any application under this Act or in any statement or return required 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, and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. C.33, s. 23 (1); 2023, c. 23, Sched. 2, s. 10 (1). Corporations (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $250,000 and not as provided therein. R.S.O. 1990, c. C.33, s. 23 (2…
- 23.1Liability for contravention of Act or regulations
23.1 (1) A person who contravenes this Act or the regulations is liable to a consumer for any damages sustained by the consumer as a result of the contravention. 2023, c. 23, Sched. 2, s. 11. Consumer right of action in Superior Court of Justice (2) A consumer has a right to commence an action for the damages referred to in subsection (1) and the consumer may commence the action in the Superior Court of Justice. 2023, c. 23, Sched. 2, s. 11. Same (3) This section applies in addition to any other remedy available by law to the consumer. 2023, c. 23, Sched. 2, s. 11. Section Amendments with date in force (d/m/y) 2023, c. 23, Sched. 2, s. 11 - 06/12/2023
- 24Certificate as evidence
24 (1) A statement as to, (a) the registration or non-registration of any person; (b) the filing or non-filing of any document or material required or permitted to be filed with the Registrar; (c) the time when the facts upon which proceedings are based first came to the knowledge of the Director; or (d) any other matter pertaining to such registration, non-registration, filing or non-filing,
- [s43]
purporting to be certified by the Director is, without proof of the office or signature of the Director, admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein. R.S.O. 1990, c. C.33, s. 24 (1). Proof of Minister’s signature (2) Any document under this Act purporting to be signed by the Minister, or any certified copy thereof, is admissible in evidence in any action, prosecution or other proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the Minister without proof of the office or signature of the Minister. R.S.O. 1990, c. C.33, s. 24 (2).
- 24.1Power of Minister
24.1 The Minister may by order require the payment of fees for an application for registration or a renewal of registration under this Act and may approve the amount of those fees. 1998, c. 18, Sched. E, s. 57. Note: On July 1, 2026, the day named by order of the Lieutenant Governor in Council, section 24.1 of the Act is repealed. (See: 2018, c. 7, s. 10) Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 57 - 18/12/1998 2018, c. 7, s. 10 - 01/07/2026
- 25Regulations
25 The Lieutenant Governor in Council may make regulations, Note: On July 1, 2026, the day named by order of the Lieutenant Governor in Council, section 25 of the Act is amended by adding the following clause: (See: 2018, c. 7, s. 11 (1)) (0.a) prescribing anything that is referred to in this Act as prescribed; (a) exempting any consumer reporting agency or class of consumer reporting agencies, or any other person or class of persons, from this Act or the regulations or any provision thereof; Note: On July 1, 2026, the day named by order of the Lieutenant Governor in Council, section 25 of the Act is amended by adding the following clause: (See: 2018, c. 7, s. 11 (1)) (a.1) defining the term “consumer score” in subsection 1 (1); Note: On the day subsection 11 (2) of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 comes into force, clause 25 (a.1) of the Act is r…
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