O. Reg. 468/01: GENERAL

 

ONTARIO regulation 468/01

made under the

Consumer Reporting Act

Made: December 12, 2001
Filed: December 13, 2001
Printed in The Ontario Gazette: December 29, 2001

Amending Reg. 177 of R.R.O. 1990

(General)

1. Regulation 177 of the Revised Regulations of Ontario, 1990 is amended by adding the following sections:

Credit Repairers

11. For the purposes of section 13.8 of the Act, a representation, express or implied, that a credit repairer makes by any means to the effect that the credit repairer will be able to fix, repair or otherwise improve the consumer report, credit information, file, personal information, credit record, credit history or credit rating of a consumer is a prohibited representation unless,

(a) the credit repairer makes the representation after having examined the consumer’s consumer report, credit information, file, personal information, credit record, credit history or credit rating; and

(b) the credit repairer reasonably concludes that the consumer’s consumer report, credit information, file, personal information, credit record, credit history or credit rating information is inaccurate or incomplete and that the correction, supplementing or deletion of any item of information would cause a material improvement to it.

12. (1) The written contract for credit repair services mentioned in clause 13.2 (1) (a) of the Act must be a contract between the credit repairer and the consumer and must contain,

(a) the name and address of the consumer;

(b) the credit repairer’s name, business address, telephone number and, if any, fax number;

(c) the name of the salesperson of the credit repairer who entered into the contract on behalf of the credit repairer;

(d) the signature of the salesperson of the credit repairer who entered into the contract on behalf of the credit repairer;

(e) a description of whatever goods or services are required by the contract that is sufficient to identify them with certainty;

(f) the statement set out in the Schedule, located on one page and in not less than 10 point type, in which the heading “Your Rights under the Consumer Reporting Act” is in not less than 12 point bold type;

(g) if the statement set out in the Schedule is not located entirely on the first page of the contract, a notice on the first page of the contract in not less than 12 point bold type indicating where in the contract the statement is located;

(h) an itemized list of what portion of the contract price is attributable to each of the goods or services required by the contract;

(i) the total amount of the contract price;

(j) an estimate of the date by which the services will be performed or the goods delivered under the contract; and

(k) the terms of payment that the contract requires for the contract price.

(2) The statement of the matters described in clauses (1) (a), (b), (c) and (e) to (k) that is required to be contained in the written contract for credit repair services shall be legible and in not less than 10 point type, unless those clauses state otherwise.

2. The Regulation is amended by adding the following Schedule:

Schedule

Your Rights under the Consumer Reporting Act

Under provincial law, you have the right to dispute the accuracy or completeness of the information in your credit file directly with the consumer reporting agency.  You do not need to hire a company to do this. If your file contains any inaccurate or incomplete information, the consumer reporting agency must correct it within a reasonable time and under some circumstances notify individuals who have been given a report based on the incorrect or incomplete information.  See subsection 13 (2) of the Act.

You may also file a complaint with the Registrar of Consumer Reporting Agencies regarding the information in your credit file. You do not need to hire a company to do this.  The Registrar can order that the information in your credit file be amended or deleted, and that persons who have received a consumer report be notified of the amendment or deletion. You also have appeal rights where you disagree with the Registrar’s decision.

You do not have the right to have accurate, current information removed from files that a consumer reporting agency maintains. In most circumstances, the agency must remove accurate, negative information from your report only if it is over seven years old. In most circumstances, accurate and timely information, even if negative, may be reported for up to seven years.

In addition to any cancellation rights that you have under any other legislation, you may cancel this contract within five days of receiving the contract. You do not need a reason to cancel. To cancel, you must give notice of cancellation to the address shown on this contract by any means that allows you to prove the cancellation date.

You cannot be required to give, and the seller cannot accept, money or security for payment before a material improvement has been made to your credit file.  If you have given money or security for payment before a material improvement has been made to your credit file, you are entitled to demand that it be returned, and the seller must comply within five days of receiving the demand.

You are also entitled to sue for the return of any money or security given before a material improvement has been made to your credit file. If a court finds in your favour, you will recover the full value of your payment or security, without any reduction for services or goods the seller may have provided. The seller will also be liable for court costs. As well, you may be awarded exemplary or punitive damages of up to $1,000.

3. This Regulation comes into force 60 days after it is filed.