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 consumer made to any other person or, where the report was oral, particulars of the content of such oral report, furnished, (i)  where the report contains personal information, within the one year period preceding the request, and (ii)  where the report contains credit information, within the six month period preceding the request, and shall inform the consumer of his or her right to protest any information contained in the file under sections 13 and 14 and the manner in which a protest may be made.  R.S.O. 1990, c. C.33, s. 12 (1); 2000, c. 26, Sched. B, s. 8 (2). Exception for certain medical information (2) A consumer reporting agency shall withhold from the disclosures required by subsection (1) any medical information obtained with the written consent of the consumer which the consumer’s own physician has specifically requested in writing be withheld from the consumer in his or her own best interest.  R.S.O. 1990, c. C.33, s. 12 (2). Method of disclosure (3) The disclosures required under this section shall be made to the consumer, (a)  in person if he or she appears in person and furnishes proper identification; (b)  by telephone if he or she 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 consumer.  R.S.O. 1990, c. C.33, s. 12 (3). Idem (4) Every consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him or her under this section.  R.S.O. 1990, c. C.33, s. 12 (4). Consumer’s adviser (5) The consumer shall be permitted to be accompanied by one other person of his or her choosing to whom the consumer reporting agency may be required by the consumer to disclose his or her file.  R.S.O. 1990, c. C.33, s. 12 (5); 1993, c. 27, Sched. Abstract (6) At the request of the consumer, the consumer reporting agency shall give the consumer a copy of the information required to be disclosed under this section.  1994, c. 27, s. 77. Plain language (6.1) The copy of the information given to the consumer must be in writing and easily readable and the information must be in understandable language.  1994, c. 27, s. 77. Identification (7) A consumer reporting agency shall require reasonable identification of the consumer and a person accompanying him or her before making disclosures under this section.  R.S.O. 1990, c. C.33, s. 12 (7). No conditions (8) A consumer reporting agency shall not require a consumer to give any undertaking or waive or release any right as a condition precedent to access to his or her file under this section.  R.S.O. 1990, c. C.33, s. 12 (8). Note: On a day to be named by proclamation of the Lieutenant Governor, section 12 of the Act is repealed and the following substituted: (See: 2018, c. 7, s. 5) Right 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 file has been accessed within the three-year period preceding the request. 4.  If the agency furnished a consumer report pertaining to the consumer within the one-year period preceding the request, i.  the names and contact information, including the address and the telephone number or email address, of the recipients of that report, and ii.  a copy of the consumer report if it was furnished in writing or the particulars of the content of the report if it was furnished orally. 5.  If the agency generated and furnished a consumer score, furnished a consumer score generated by another entity or furnished any other information evaluating the credit or personal information of the consumer within the one-year period preceding the request, i.  the names and contact information, including the address and the telephone number or email address, of the recipients of that score or information, and ii.  the score and the particulars of any other information evaluating the credit or personal information of the consumer. 6.  Any other information relating to the consumer score that may be prescribed. 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 (3) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 2, s. 3 (1)) 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, telephone number and email address of every person on whose behalf the file has been accessed within the three-year period preceding the request. 4.  If the consumer reporting agency furnished a consumer report pertaining to the consumer within the one-year period preceding the request, i.  the names, telephone numbers and email addresses of the recipients of that report, and ii.  a copy of the consumer report if it was furnished in writing or the particulars of the content of the report if it was furnished orally or by telephone or other means of telecommunication. 5.  Any other information relating to the consumer score that may be prescribed. 2023, c. 23, Sched. 2, s. 3 (1). Content of disclosure under cl. (1) (b) (4) If a consumer makes a request under clause (1) (b), the consumer reporting agency shall, in accordance with this section, section 12.0.1 and any prescribed requirements, generate the consumer’s current consumer score and disclose the following information to the consumer: 1.  The consumer score. 2.  The date on which the consumer score was generated. 3.  The range of possible consumer scores under the method used. 4.  The primary factors used by the agency in generating consumer scores under the method used. 5.  The information listed in subsection (3). 6.  Any other information that may be prescribed. 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, section 12 of the Act is amended by adding the following subsection: (See: 2023, c. 23, Sched. 2, s. 3 (2)) Same, exemption (4.1) A consumer reporting agency is exempt from the requirements set out in subsection (4) unless, (a)  the agency has been prescribed by the regulations; or (b)  the agency is part of a class of consumer reporting agencies that has been prescribed by the regulations.
2023, c. 23, Sched. 2, s. 3 (2). Disclosure of right to dispute (5) When a consumer reporting agency discloses information under this section, the agency shall inform the consumer of his or her right to dispute any information contained in the file under section 13 and the manner in which a dispute may be made. 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 (5) of the Act is amended by striking out “his or her” and substituting “the consumer’s” (See: 2023, c. 23, Sched. 2, s. 3 (3)) Request for disclosure (6) When making a request for disclosure under this section, a consumer shall, (a)  provide the consumer reporting agency with a copy of any prescribed identification and a copy of any other identification the agency may reasonably require to verify the consumer’s identity; (b)  indicate to the consumer reporting agency by which of the methods referred to in subsection (7) the consumer chooses to receive the disclosure; and (c)  provide the consumer reporting agency with any other prescribed information. 2018, c. 7, s. 5. Method of disclosure (7) A consumer reporting agency shall disclose information in whichever of the following methods the consumer chooses in the consumer’s request: 1.  In person, if the consumer attends personally at the agency’s premises during normal business hours for that purpose. 2.  By telephone. 3.  By mail. 4.  Electronically. 5.  By a prescribed method of disclosure. 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 (7) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 2, s. 3 (4)) Method of disclosure (7) A consumer reporting agency shall disclose information in whichever of the following methods the consumer chooses in the consumer’s request: 1.  By telephone or other means of telecommunication. 2.  By mail. 3.  Electronically. 4.  By a prescribed method of disclosure. 2023, c. 23, Sched. 2, s. 3 (4). Timing of disclosure (8) The consumer reporting agency shall make disclosures required under this section in accordance with the following rules respecting timing: 1.  If a consumer chooses to receive the disclosure in person, by telephone or by mail, the consumer reporting agency shall have the information available or mail the information, as applicable, Note: On the day section 5 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 comes into force, paragraph 1 of subsection 12 (8) of the Act is amended by striking out “in person, by telephone or by mail” in the portion before subparagraph i and substituting “by telephone or other means of telecommunication or by mail”. (See: 2023, c. 23, Sched. 2, s. 3 (5)) i.  on or before the prescribed deadline, or ii.  if no deadline is prescribed, within a reasonable time in the circumstances after the consumer provides everything required under subsection (6). 2.  If a consumer chooses to receive the disclosure electronically, the consumer reporting agency shall send the electronic copy, i.  on or before the prescribed deadline, or ii.  if no deadline is prescribed, on or before the day that is two business days after the consumer provides everything required under subsection (6). 3.  If the consumer chooses to receive the disclosure by a prescribed method the consumer reporting agency shall provide the disclosure on or before the prescribed deadline. 2018, c. 7, s. 5. Plain language (9) A disclosure made under this section must be in understandable language and if it is made in writing it must be easily readable. 2018, c. 7, s. 5. Consumer’s adviser (10) A consumer who chooses to receive a disclosure in person shall be permitted to be accompanied by one other person of his or her choosing to whom the consumer reporting agency may be required by the consumer to disclose the consumer’s information. 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 (10) of the Act is repealed. (See: 2023, c. 23, Sched. 2, s. 3 (6)) Trained personnel (11) Every consumer reporting agency shall provide trained personnel to explain to the consumer any information disclosed to him or her under this section. 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 (11) of the Act is amended by striking out “him or her” and substituting “the consumer”. (See: 2023, c. 23, Sched. 2, s. 3 (7)) Explanation of consumer score (12) If a consumer who received a disclosure under subsection (4) makes a request in accordance with any prescribed requirements to the consumer reporting agency that made the disclosure, the agency shall explain to the consumer how the consumer’s credit or personal information has affected the consumer’s consumer score. 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 (12) of the Act is amended by striking out “a disclosure under subsection (4)” and substituting “a disclosure of information set out in subsection (4)”. (See: 2023, c. 23, Sched. 2, s. 3 (8)) Fees (13) A consumer reporting agency shall not charge a fee for making a disclosure under this section unless the agency is permitted to do so by the regulations. 2018, c. 7, s. 5. Same, exception for electronic disclosure (14) Despite subsection (13), if the consumer requests the electronic disclosure of a consumer report or a consumer score and consumer report and the consumer reporting agency has already made an electronic disclosure to the consumer two or more times during the calendar year in which the request is made, the agency may charge a fee for the disclosure, subject to any prescribed limitations. 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, subsections 12 (14) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 2, s. 3 (9)) Same, exception for electronic disclosure (14) Despite subsection (13), if the consumer requests the electronic disclosure of a consumer report or a consumer score and consumer report and the consumer reporting agency has already made an electronic disclosure to the consumer one or more times during the same month of the same calendar year in which the request is made, the agency may charge a fee for the disclosure, subject to any prescribed limitations. 2023, c. 23, Sched. 2, s. 3 (9). Same, exception for disclosure under cl. (1) (b) (15) Despite subsection (13), if the consumer requests the disclosure, by any method, of a consumer score and consumer report under clause (1) (b) and the consumer reporting agency has already made a disclosure by any method under subsection (4) to the consumer two or more times during the calendar year in which the request is made, the agency may charge a fee for the disclosure, subject to any prescribed limitations. 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, subsections 12 (15) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 2, s. 3 (9)) Same, exception for disclosure under cl. (1) (b) (15) Despite subsection (13), if the consumer requests the disclosure, by any method other than electronically, of a consumer score and consumer report under clause (1) (b) and the consumer reporting agency has already made a disclosure, by any method other than electronically, of information set out in subsection (4) to the consumer two or more times during the calendar year in which the request is made, the agency may charge a fee for the disclosure, subject to any prescribed limitations. 2023, c. 23, Sched. 2, s. 3 (9). No conditions (16) A consumer reporting agency shall not require a consumer to give any undertaking or waive or release any right as a condition of receiving a disclosure under this section. 2018, c. 7, s. 5. Exception for certain medical information (17) A consumer reporting agency shall withhold from the disclosures required under this section any medical information obtained with the written consent of the consumer which the consumer’s own physician has specifically requested in writing be withheld from the consumer in his or her own best interest. 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 (17) of the Act is amended by striking out “his or her” and substituting “the consumer’s”. (See: 2023, c. 23, Sched. 2, s. 3 (10)) Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1994, c. 27, s. 77 - 09/12/1994 2000, c. 26, Sched. B, s. 8 (2) - 06/12/2000 2018, c. 7, s. 5
- not in force 2023, c. 23, Sched. 2, s. 3 (1-10) - not in force Consumer 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 to be used for a prescribed purpose or in a prescribed circumstance, the consumer reporting agency shall use that method when generating a consumer score for the purpose or in the circumstances, as the case may be. 2018, c. 7, s. 5. Previous requests not a factor (3) The consumer reporting agency shall ensure that the fact that a consumer has made a request for disclosure under section 12, or exercised any other right under this Act, is not used in the generation of a consumer score with respect to that consumer. 2018, c. 7, s. 5. Publication of information about consumer scores (4) The consumer reporting agency shall, in accordance with any prescribed requirements, publish any prescribed information about consumer scores on a website maintained by the agency. 2018, c. 7, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 7, s. 5
- not in force 2023, c. 23, Sched. 2, s. 4 - not in force