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, c. 34, s. 9 (7). Definitions (5) In subsection (4), “credit agreement” means a credit agreement as defined in section 66 of the Consumer Protection Act, 2002; (“convention de crédit”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “credit agreement” in subsection 12.3 (5) of the Act is amended by striking out “a credit agreement as defined in section 66 of the Consumer Protection Act, 2002” and substituting “a credit agreement as defined in subsection 1 (1) of the Consumer Protection Act, 2023”.
(See: 2023, c. 23, Sched. 1, s. 112 (1)) “open credit” means open credit as defined in section 1 of the Consumer Protection Act, 2002. (“crédit en blanc”)  2006, c. 34, s. 9 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “open credit” in subsection 12.3 (5) of the Act is amended by striking out “as defined in section 1 of the Consumer Protection Act, 2002” and substituting “as defined in subsection 1 (1) of the Consumer Protection Act, 2023”. (See: 2023, c. 23, Sched. 1, s. 112 (2)) Section Amendments with date in force (d/m/y) 2006, c. 34, s. 9 (7)
- 01/01/2008 2023, c. 23, Sched. 1, s. 112 (1, 2) - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2018, c. 7, s. 6) Security 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: 2023, c. 23, Sched. 2, s. 5 (1)) 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, for any of the following purposes: 1.  Entering into a new credit agreement. 2.  Increasing credit under an existing credit agreement. 3.  Entering into a mortgage for real property. 4.  Entering into a motor vehicle lease. 5.  Entering into an agreement or a transaction of a prescribed type. 2023, c. 23, Sched. 2, s. 5 (1). Suspending a security freeze (3) The consumer reporting agency shall suspend a security freeze on or before the prescribed deadline if, (a)  the consumer whose file is subject to the security freeze requires the suspension in accordance with this section and any prescribed requirements; and (b)  the consumer has complied with subsection (9) and any prescribed requirements, including any requirements respecting the duration of a suspension. 2018, c. 7, s. 6. Same, duration (4) If the consumer reporting agency is required to suspend a security freeze under subsection (3), the suspension shall be for the duration specified by the consumer. 2018, c. 7, s. 6. Same, effect (5) A security freeze that is suspended is not in effect. 2018, c. 7, s. 6. Terminating a security freeze (6) The consumer reporting agency shall terminate a security freeze on or before the prescribed deadline if, Note: On the day section 6 of the Access to Consumer Credit Reports and Elevator Availability Act, 2018 comes into force, subsection 12.4 (6) of the Act is amended by striking out “on or before the prescribed deadline” in the portion before clause (a). (See: 2023, c. 23, Sched. 2, s. 5 (2)) (a)  the consumer whose file is subject to the security freeze requires the termination in accordance with this section and any prescribed requirements; and (b)  the consumer has complied with subsection (9) and any prescribed requirements. 2018, c. 7, s. 6. Expiry (7) Unless terminated earlier, a security freeze expires at the end of the prescribed period, if any. 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, subsections 12.4 (7) of the Act is repealed. (See: 2023, c. 23, Sched. 2, s. 5 (3)) Disclosure despite a security freeze (8) Despite subsection (2), the consumer reporting agency may, in accordance with any prescribed requirements, disclose to prescribed persons and entities such information as may be maintained by the agency about a consumer, if the information is prescribed. 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, subsections 12.4 (8) of the Act is repealed. (See: 2023, c. 23, Sched. 2, s. 5 (3)) Identification (9) A consumer who requires a consumer reporting agency to place, suspend or terminate a security freeze shall provide the 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. 2018, c. 7, s. 6. Fees (10) A consumer reporting agency shall not charge the consumer a fee for placing, suspending or terminating a security freeze unless the agency is permitted to do so by regulations. 2018, c. 7, s. 6. Information (11) When a consumer requires that a security freeze be placed on his or her file, the consumer reporting agency shall provide the consumer with the information referred to in section 12.5 and the name and telephone number or email address of a person the consumer can contact for an explanation of the information. 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 (11) of the Act is amended by striking out “his or her” and substituting “the consumer’s”. (See: 2023, c. 23, Sched. 2, s. 5 (4)) Section Amendments with date in force (d/m/y) 2018, c. 7, s. 6
- not in force 2023, c. 23, Sched. 2, s. 5 (1-4) - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2018, c. 7, s. 6) Publication 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
- not in force 2023, c. 23, Sched. 2, s. 6 - 06/12/2023 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section:
(See: 2023, c. 23, Sched. 2, s. 7) Explanatory 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 consumer may request the consumer reporting agency to amend the explanatory statement or remove the statement from the consumer’s file. 2023, c. 23, Sched. 2, s. 7. Time limit for amendments or removals (5) Upon receiving a request made under subsection (4), the consumer reporting agency shall amend the explanatory statement or remove the statement from the consumer’s file within the prescribed time period or, if no such period has been prescribed, within a reasonable time period after receiving the request. 2023, c. 23, Sched. 2, s. 7. Removal of explanatory statements (6) If no request has been made under subsection (4) to remove an explanatory statement from a consumer’s file, the consumer reporting agency shall remove the statement from the consumer’s file, (a)  on the day that is six years after the day on which the statement was included in the consumer’s file; or (b)  if a request has been made under subsection (4) to amend the statement, on the day that is six years after the day on which the statement was last amended. 2023, c. 23, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2023, c. 23, Sched. 2, s. 7 - not in force