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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 774/96

CONSOLIDATED NEWFOUNDLAND REGULATION 774/96

Consumer Reporting Agencies Regulations
under the
Consumer Reporting Agencies Act
(O.C. 96‑291)

Under the authority of section 27 of the Consumer Protection Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application

        4.   Provincial office

        5.   Foreign corporation

        6.   Returns

        7.   Registration information

        8.   Suspension of registration

        9.   Hearing

      10.   Notification of hearing

      11.   Notice of suspension

      12.   Repeal


Short title

        1. These regulations may be cited as the Consumer Reporting Agencies Regulations.

82/80 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Consumer Reporting Agencies Act; and

             (b)  "foreign corporation" means a corporation incorporated otherwise than by or under an Act of the Legislature and includes a corporation incorporated by or under an Act of the Parliament of Canada.

82/80 s2

Application

        3. (1) An application for registration under the Act shall be made to the registrar.

             (2)  Every application for registration shall be accompanied by the fee set by the minister.

97/90 s1; 129/93 s1

Provincial office

        4. In order to be registered under the Act, a consumer reporting agency must maintain an office in the province for the purpose set out in section 23 of the Act and shall notify the registrar of the location or a change in the location of the office.

82/80 s4

Foreign corporation

        5. A foreign corporation shall not be registered as a consumer reporting agency until it has first been registered under Part XXII of the Corporations Act.

82/80 s5

Returns

        6. A consumer reporting agency shall make those returns, verified by affidavit, and provide the other information that the registrar may require at any time and in any manner specified by the registrar.

82/80 s7

Registration information

        7. (1) Every application for registration submitted by a consumer reporting agency shall be accompanied by all forms of agreements, instruments and documents which the consumer reporting agency uses or proposes to use in the course of its business, and by copies of all forms or letters used or proposed to be used in the tabulation and reporting of credit or personal information.

             (2)  In the event of a form being altered or changed or a new form being adopted, copies of the altered, changed or new forms shall be filed with the registrar at least 14 days before the forms are used.

             (3)  A form or letter shall not be used by a consumer reporting agency if it is objected to by the registrar, and notice of the objection is given, in writing, to the consumer reporting agency.

82/80 s8

Suspension of registration

        8. (1) The registrar, where he or she believes there has been a breach of the Act or these regulations, may suspend or cancel the registration of a consumer reporting agency.

             (2)  In the event of cancellation or suspension of registration under subsection (1), the registrar shall give the consumer reporting agency at least 7 days notice of the cancellation or suspension.

82/80 s9

Hearing

        9. (1) The registrar may order a hearing to be held to investigate the particulars of the alleged violation of the Act or these regulations for which the suspension or cancellation has been considered necessary under section 8, or into a charge or complaint that a person has contravened a provision of the Act or these regulations, or has made a false statement in a form, return, account or statement required to be completed or made under the Act or these regulations, or into another matter arising in the administration of the Act or these regulations.

             (2)  The person holding the hearings shall have the powers that are or may be conferred upon a commissioner by or under the Public Inquiries Act, including the power to take evidence under oath.

82/80 s10

Notification of hearing

     10. (1) Where a hearing is held under section 9, the registrar shall notify the consumer reporting agency of the time and place of the hearing, and shall notify the consumer reporting agency of the particulars of the complaint or the violation of the Act or these regulations in sufficient detail to enable the consumer reporting agency to answer them.

             (2)  At a hearing under the Act or these regulations, the consumer reporting agency may be represented by counsel and is entitled to cross‑examine under oath a witness giving evidence.

82/80 s11

Notice of suspension

     11. Where the cancellation or suspension of the registration of a consumer reporting agency has been made final either by a hearing or by the consumer reporting agency waiving the hearing, the registrar shall publish the final notice of cancellation or suspension of registration in the Gazette.

82/80 s12

Repeal

      12. The Consumer Reporting Agencies Regulations, 1980, Newfoundland Regulation 82/80, are repealed.