"consumer" means a person other than a corporation, but does not include a person engaging in a transaction in the course of carrying on business, other than seeking employment;
"credit information" means information about a consumer's credit, which may include the consumer's name, age, place of residence, previous places of residence, marital status, spouse's name and age, number of dependants, particulars of education or professional qualifications, place of employment, previous places of employment, estimated income, paying habits, outstanding debt obligations, cost of living, or obligations and assets;
"file" , if used as a noun, means all of the information about a consumer that is recorded or retained by a reporting agency, regardless of the manner or form in which the information is stored;
"medical information" means any information or record obtained, with the consent of the consumer to whom it relates, from a medical practitioner, or a chiropractor, or a hospital, clinic, or other medically related facility about the health of the consumer;
"minister" includes a person designated in writing by the minister;
"personal information" means information other than credit information about a consumer's character, reputation, medical information, physical or personal characteristics, or life style, or about any other matter respecting the consumer;
"registrar" means the person appointed under this Act, and includes a person duly authorized in writing by the registrar to perform the registrar's duties under section 2;
"report" means a written, oral or other communication made by a reporting agency in connection with a purpose set out in section 10 (1) (a) about,
(a) except in sections 14 to 17, credit information or personal information respecting a consumer, or
(b) in sections 14 to 17, information respecting a person whether or not the person is a consumer;
" reporting agency" means a person who provides reports for gain or profit or who provides reports on a routine, nonprofit basis as an ancillary part of a business carried on for gain or profit.
2 (1) There is to be a registrar of reporting agencies, who must be appointed by the Lieutenant Governor in Council, on terms and conditions the Lieutenant Governor in Council may determine.
(2) The Lieutenant Governor in Council may appoint as registrar a member of the public service.
(3) The registrar has the powers and duties conferred or imposed on the registrar by this Act or the regulations.
3 A person must not do any of the following:
(a) carry on business as a reporting agency unless the person is registered under this Act;
(b) carry on business as a reporting agency otherwise than in the person's registered name or elsewhere than at or from the person's registered address or addresses;
(c) advertise or in any other way indicate that the person is a reporting agency other than under the person's registered name.
4 The registrar must keep a register to be called the reporting agencies register in which the registrar must enter the following:
(a) the name of every reporting agency registered under this Act;
(b) the address or the addresses, if more than one, at or from which the business is carried on;
(c) other matters prescribed by the regulations.
5 (1) A reporting agency that intends to carry on business in British Columbia must apply to the registrar for registration under this Act.
(2) The registrar must grant registration or renewal of registration to an applicant unless, under section 6, the registrar considers that the applicant is unsuitable for registration.
(3) The registrar must not refuse to grant, or refuse to renew, registration without giving the applicant an opportunity to be heard.
(4) The registrar may, in the registrar's discretion, grant the registration or renewal of registration on terms, conditions or restrictions the registrar considers necessary or advisable.
6 The registrar may consider an applicant unsuitable for registration under this Act if any of the following apply to the applicant:
(a) the applicant has been convicted of an offence that, in the opinion of the registrar, involves a dishonest or fraudulent act, or an intent to commit a dishonest or fraudulent act;
(b) having regard to the applicant's financial position, the applicant cannot reasonably be expected to be financially responsible in conducting business;
(c) the past conduct of the applicant affords reasonable grounds to believe that the applicant may not carry on business in accordance with the law, or with integrity and honesty;
(d) the applicant is a corporation and the past conduct of any of its officers or directors affords reasonable grounds to believe that its business may not be carried on in accordance with the law or with integrity and honesty;
(e) the applicant would be unable to comply with section 14 or other provisions of this Act or the regulations;
(f) the applicant has committed an offence under this Act.
7 (1) The registrar may suspend or cancel a person's registration if, in the registrar's opinion, that person
(a) would be unsuitable for registration under section 6 if the person were an applicant,
(b) is in breach of a condition of registration, or of any of the provisions of this Act or regulations, or
(c) has conducted or is conducting business in a manner that is prejudicial to the public interest.
(2) If a hearing is requested the registrar must give a person registered under this Act an opportunity to be heard before suspending or cancelling the person's registration under subsection (1).
(3) Despite subsection (2), the registrar may suspend registration without giving a person registered under this Act an opportunity to be heard if the length of time required to give that opportunity would, in the registrar's opinion, be prejudicial to the public interest.
(4) If the registrar suspends a person's registration under subsection (3), the registrar must promptly notify the person of the suspension and that a hearing and review will be held before the registrar on a date that is within 21 days from the date of suspension.
8 A person aggrieved by a direction, decision, order or ruling of the registrar may appeal it to the Commercial Appeals Commission.
9 Within 5 days after the event, a reporting agency must notify the registrar in writing of any of the following:
(a) any change in its registered address or addresses;
(b) any change in its officers or directors in the case of a corporation, or of its members in the case of a partnership;
(c) in the case of a corporation, any change in the beneficial ownership of its shares.
10 (1) A reporting agency, officer or employee must not knowingly provide any information from the files of the reporting agency except in a report given
(a) to a person who, it has reason to believe,
(i) intends to use the information in connection with extending credit to, or collecting a debt of, the consumer to whom the information pertains,
(ii) intends to use the information in connection with the consumer entering into or renewing a tenancy agreement,
(iii) intends to use the information for employment purposes,
(iv) intends to use the information in connection with underwriting insurance involving the consumer,
(v) intends to use the information to determine the eligibility of a consumer under a statute or regulation, if the information is relevant to a requirement prescribed by law, or
(vi) otherwise has a direct business requirement for the information in connection with a business transaction respecting the consumer,
(b) under the written instructions of the consumer to whom the information relates, or
(c) in response to a court order.
(2) A person must not knowingly obtain any information from the files of a reporting agency about a consumer except for the purposes referred to in subsection (1).
(3) Despite subsections (1) and (2), a reporting agency may provide identifying information about a consumer, limited to the consumer's name, address, former addresses and places of employment, to the government of Canada or of a province, or to a government agency, a municipality in Canada, or a municipal agency.
(4) A reporting agency must not sell, lease or transfer title to all or part of its files except to another reporting agency registered under this Act.
11 (1) A reporting agency must
(a) develop procedures that are acceptable to the registrar for ascertaining the accuracy and fairness of the contents of its reports, and
(b) supply information respecting the matters referred to in paragraph (a) to the registrar on the registrar's request.
(2) A reporting agency must not report information unless it is
(a) stored in a form capable of being produced under section 14, and
(b) 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.
(3) A reporting agency must not include in a report any of the following:
(a) information, unless the name and address of the source of the information is recorded or retained in its files, or can be readily ascertained by the consumer;
(b) information not based on the most reliable evidence reasonably available;
(c) unfavourable personal information, unless the reporting agency has made reasonable efforts to corroborate the evidence on which the personal information is based, and the lack of corroboration is noted with and accompanies the information;
(d) information about a writ or other originating court proceeding in which the consumer is a nominal defendant, or the cause of action is primarily other than for a liquidated sum;
(e) information about actions, accounts or debts that, on their face, are statute barred;
(f) information about a judgment 6 years after the judgment was given, unless the creditor or the creditor's agent confirms that all or part of the judgment remains unpaid and the confirmation appears in the file;
(g) information about the bankruptcy of a consumer 6 years after the date the consumer was last discharged from bankruptcy, unless the consumer has been bankrupt more than once;
(h) information about criminal or summary conviction charges against the consumer unless the charges have resulted in conviction;
(i) information about a conviction of the consumer for crimes or summary conviction offences 6 years after the date of conviction or, if the conviction resulted in imprisonment, after the date of the consumer's release or parole, but information about a conviction must not be reported if, after the conviction, the consumer has been granted a free pardon;
(j) information given orally, unless the content of the oral report is noted in writing in the file;
(k) any other information adverse to the consumer's interest that is more than 6 years old, unless the information is voluntarily supplied by the consumer to the reporting agency;
(l) information about the race, creed, colour, ancestry, ethnic origin or political affiliation of a consumer;
(m) information about the payment or nonpayment of lawfully imposed fines after 6 years after the fine was imposed;
(n) information about a writ or other court proceeding after 12 months after the date of issue, unless the current status of the action or proceedings has been ascertained and is included in the report;
(o) any other information prescribed by regulation.
12 (1) A person must not obtain from a reporting agency a report respecting a consumer
(a) without the expressed written consent of the consumer, or
(b) unless the person promptly notifies the consumer in writing that a consumer report will be obtained.
(2) The consent may be contained in an application for credit, insurance, employment or tenancy, if it is clearly set out in type not less than 10 point in size above the consumer's signature.
(3) This section does not apply to a report the primary purpose of which is to supply information respecting the consumer's location or address.
13 (1) If a user of information contained in a report denies all or part of a benefit to a consumer, or increases the cost of a benefit to a consumer, either wholly or partly because of information received from a reporting agency or a person other than a reporting agency, the user must promptly deliver to the consumer written notice of the denial or increase.
(2) The user of information must, on the request of the consumer made in writing within 60 days after delivery of the notice under subsection (1), inform the consumer of
(a) the name and address of the reporting agency if the information is provided by a reporting agency, or
(b) the source and nature of the information obtained elsewhere than from a reporting agency.
(3) The notice under subsection (1) must contain notice of the consumer's right to request the information referred to in subsection (2).
(4) If a user of information receives a report about a person other than the consumer referred to in subsection (1) and subsequently denies all or part of a benefit or increases the cost of the benefit to the consumer, the advice required under this section must be given by the user both to the consumer and to that other person.
14 (1) Subject to subsection (8), a reporting agency must,
(a) at the written request of a person and during normal business hours, clearly and accurately disclose to the person, without charge, unless a fee is prescribed by regulation,
(i) the nature and substance of all information it has respecting the person at the date of the request,
(ii) the sources of its information, unless the person is able to readily ascertain those sources, and
(iii) the names of the recipients of any report respecting the person that it has provided within the preceding 12 months,
(b) if requested by a person, provide copies of any written reports provided within the preceding 12 months respecting the person or, if the report was oral, particulars of the content of the oral report, and
(c) inform a person of the right to explain or protest any information under section 15 or 16 and the manner in which an explanation or protest must be made.
(2) The disclosures required under this section must be made to a person
(a) in person, if the person appears in person and provides proper identification,
(b) by telephone, if the person has made a written request, with sufficient identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the person, or
(c) by mail, if the person has made a signed, written request and the person's signature has been witnessed by, and identity established to the satisfaction of, a commissioner for taking affidavits or notary public, and has enclosed a self addressed envelope with sufficient postage attached, together with any fees payable for copies requested.
(3) A reporting agency must provide properly trained staff to explain to the person any information provided to the person under this section.
(4) The person must be permitted to be accompanied by one other person of his or her choosing to whom the reporting agency may be required by the person to disclose the file.
(5) The reporting agency must permit the person to whom information is disclosed under this section to make an abstract of it.
(6) A reporting agency must require reasonable identification of the persons to whom disclosure is made before making the disclosure.
(7) A reporting agency must not require a person to give an undertaking, or to waive or release a right, including a right to take legal action, as a condition of the person obtaining access to information under this section.
(8) A reporting agency may withhold from the disclosure required by this section any medical information obtained with the written consent of the person and which the person's own physician has requested the reporting agency in writing to withhold from the person in the person's own best interest.
15 (1) A person may deliver to a reporting agency, in writing of not more than 100 words, an explanation or additional information that relates to any item of information kept by the reporting agency about the person.
(2) The reporting agency must maintain the explanation or additional information with the other information it keeps about the person and must include it in any report given about the person relating to the item.
16 (1) A person about whom information has been disclosed under section 14 may dispute the accuracy and completeness of the information by filing with the reporting agency a written statement of protest of not more than 100 words.
(2) If a statement of protest is filed, the reporting agency must use its best efforts to confirm or complete the information and must correct, supplement or delete the information in accordance with good practice.
(3) If a reporting agency corrects, supplements or deletes information under subsection (2), the reporting agency must, unless otherwise requested by the person, give notice of the correction, supplement or deletion to every person to whom a report based on the unamended information was given within one year before the correction, supplement or deletion is made.
17 (1) The registrar may order a reporting agency to amend or delete any information, or may, by order, restrict or prohibit the use of any information that, in the registrar's opinion, is inaccurate or incomplete or does not comply with this Act or the regulations.
(2) The registrar may order a reporting agency to give notice of an amendment, deletion, restriction or prohibition referred to in subsection (1) to a person who has received a report.
18 (1) If the registrar receives a complaint about a reporting agency and makes a written request to the reporting agency about it, the reporting agency must provide to the registrar all the information requested on the matter complained of.
(2) The registrar's request must indicate the nature of the inquiry.
(3) For the purpose of subsection (1), the registrar may enter the business premises of the reporting agency at any reasonable time to inspect the file involved in a complaint after giving written notice.
19 (1) The minister may, by order, appoint a person to investigate any matter to which this Act applies as may be specified in the order.
(2) The investigator must report the result of the investigation to the minister.
(3) For the investigation, the investigator has all the powers, privileges, and immunities of a commissioner appointed under sections 12, 15 and 16 of the Inquiry Act.
20 (1) The registrar may, by order, appoint one or more persons to investigate whether a contravention of this Act, or regulation, or the commission of an offence has occurred if, on a statement made under oath, the registrar believes on reasonable and probable grounds that a person
(a) has contravened this Act or the regulations, or
(b) has committed an offence under the Criminal Code or under any other law that is relevant to the person's fitness for registration under this Act.
(2) The investigator must report the result of the investigation to the registrar.
(3) For the purpose of this section, and despite section 10, the investigator
(a) may inquire into and examine the affairs of the person about whom the investigation is made,
(b) has the powers, privileges and immunities of a commissioner appointed under sections 12, 15 and 16 of the Inquiry Act,
(c) on production of the investigator's appointment, may, at any reasonable time, enter the business premises of the person being investigated and examine records relevant to the investigation, and
(d) may inquire into negotiations, transactions, loans, borrowings made by, on behalf of or in relation to the person being investigated, and into property owned, acquired or alienated in whole or in part by that person or by any one acting on that person's behalf, that are relevant to the investigation.
(4) A person must not obstruct an investigator under this section or withhold from the investigator, conceal or destroy any records relevant to the investigation.
(5) If, on an application alone by the investigator, the Supreme Court is satisfied that the investigator has been appointed under this section and that there is reasonable ground for believing there are, in any place, things relating to the person being investigated and to the investigation, the court may issue an order authorizing the investigator, together with police officers the investigator may require to assist the investigator, to enter, if necessary by force, and search the place for and examine the things.
(6) The court may issue an order under subsection (5) whether or not an inspection has been made or attempted under subsection (3) (c).
(7) An entry and search under subsection (5) must be made between sunrise and sunset unless the court authorizes the search at night.
(8) If an order has been obtained under subsection (5), an investigator may, on giving a receipt, remove things examined under subsection (3) (c) or subsection (5) relating to the person being investigated and to the investigation to make copies of them.
(9) The copies must be made with reasonable promptness and the things returned to the person whose affairs are being investigated.
(10) A copy made as provided under this section (and certified to be a true copy by the investigator is admissible in evidence in any proceeding or prosecution to prove the original and its contents.
(11) The minister or registrar may appoint an expert for the purpose of examining things referred to in subsection (3) (c) or under subsection (5).
21 A person employed in the administration of this Act, including any person making an inquiry, an inspection, or an investigation under section 18, 19 or 20, must preserve secrecy in all matters that come to the person's knowledge in the course of the person's duties, employment, inquiry, inspection or investigation and must not communicate any matter to any other person except
(a) as required in the administration of this Act and the regulations, or any proceedings under them,
(b) to counsel for the person employed in the administration of this Act, or
(c) with the consent of the person to whom the information relates.
22 (1) Any notice or order to be given, delivered or served under this Act or the regulations is sufficient if delivered personally or by mail addressed to the person at the person's last known address.
(2) If service is made by registered mail, the service is deemed to be made on the third day after the day of mailing, unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice or order until a later date.
23 (1) If it appears to the registrar that a person does not comply with this Act, the regulations or an order made under this Act, despite the imposition of a penalty for noncompliance, and in addition to any other rights the person may have, the registrar may apply to the Supreme Court for an order directing that person to comply with the provision.
(2) On the application, the court may make an order it thinks fit.
24 A person must not knowingly give false or misleading information to another person making a report.
25 (1) A person commits an offence who
(a) knowingly provides false information in an application under this Act, or in any statement or return required to be provided under this Act or the regulations,
(b) fails to comply with any order, direction or other requirement made under this Act,
(c) contravenes this Act or the regulations, or
(d) is a director or officer of a corporation and knowingly authorizes, permits or acquiesces in any act or omission under paragraph (a), (b) or (c).
(2) An individual who commits an offence under this section is liable on conviction to a fine of not more than $2 000 or to imprisonment for a term of not more than one year, or to both a fine and imprisonment.
(3) A corporation that commits an offence under this section is liable on conviction to a fine of not more than $5 000.
(4) A proceeding under subsection (1) (a) must not be commenced after one year after the facts on which the proceeding is based first came to the knowledge of the registrar.
(5) A proceeding under subsection (1) (b) or (c) must not be commenced after 2 years after the date the subject matter of the proceeding arose.
26 (1) In this section "court" includes the Provincial Court, even though a contravention may also constitute a libel or slander.
(2) If a consumer has suffered loss, damage or inconvenience as a result of a contravention of this Act or the regulations, the consumer has a cause of action against the person who contravened this Act or the regulations and is entitled, if the court finds that the consumer has suffered loss, damage or inconvenience, to a judgment for the damages suffered or $100, whichever is greater.
27 (1) A statement, purporting to be certified by the registrar, about
(a) whether or not a person is registered under this Act,
(b) whether or not a record is filed under this Act,
(c) the date when facts first came to the knowledge of the registrar, or
(d) any other matter of registration, nonregistration, filing or nonfiling under this Act,
is, without proof of the office or signature of the registrar, receivable in evidence to prove the facts stated for all purposes in any proceeding or prosecution.
(2) A document under this Act purporting to be signed by the minister, or a certified copy, is receivable in evidence in any prosecution or other proceeding to prove that the document is signed by the minister without proof of the office or signature of the minister.
28 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) exempting any class of persons from this Act or the regulations;
(b) prescribing conditions of registration or renewal;
(c) for the payment of fees on application for registration, or renewal of registration;
(d) requiring registered reporting agencies to be bonded in a form and on terms and with collateral security as may be prescribed, and providing for the forfeiture of bonds and the disposition of the proceeds;
(e) prescribing the records to be kept by reporting agencies;
(f) prescribing information that may not be reported by a reporting agency or contained in its files;
(g) requiring reporting agencies to make returns and provide information to the registrar;
(h) defining, for the purpose of this Act or the regulations, any word or expression not defined in this Act.