"Point in Time" Act Content

CREDIT REPORTING ACT
[RSBC 1996] CHAPTER 81

Section 1 "registrar" definition BEFORE repealed by 2001-37-9 effective September 26, 2001 (BC Reg 216/01).

"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;

Section 1 "director" definition has been added by 2001-37-9 effective September 26, 2001 (BC Reg 216/01).

Sections 2 to 6 BEFORE repealed by 2001-37-10 effective September 26, 2001 (BC Reg 216/01).

Registrar

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.

Registration required

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.

Register

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.

Application for registration

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.

Unsuitable applicants

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.

Section 7 BEFORE re-enacted by 2001-37-10 effective September 26, 2001 (BC Reg 216/01).

Suspension or cancellation

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.

Section 8 BEFORE amended by 2001-37-11 effective September 26, 2001 (BC Reg 216/01).

8 A person aggrieved by a direction, decision, order or ruling of the registrar may appeal it to the Commercial Appeals Commission.

Section 8 BEFORE repealed by 2003-51-17 effective October 23, 2003 (Royal Assent).

Appeal to commission

8 A person aggrieved by a direction, decision, order or ruling of the director may appeal it to the Commercial Appeals Commission.

Section 9 BEFORE repealed by 2001-37-12 effective September 26, 2001 (BC Reg 216/01).

Changes of reporting agencies

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.

Section 10(4) BEFORE amended by 2001-37-13 effective September 26, 2001 (BC Reg 216/01).

(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.

Section 11(1)(a) and (b) BEFORE amended by 2001-37-14 effective September 26, 2001 (BC Reg 216/01).

(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.

Section 17(1) and (2) BEFORE amended by 2001-37-15 effective September 26, 2001 (BC Reg 216/01).

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.

Section 18 BEFORE amended by 2001-37-16 effective September 26, 2001 (BC Reg 216/01).

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.

Section 20(1), (1)(b), (2) and (11) BEFORE amended by 2001-37-17 effective September 26, 2001 (BC Reg 216/01).

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

(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.

(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).

Section 23(1) BEFORE amended by 2001-37-18 effective September 26, 2001 (BC Reg 216/01).

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.

Section 25(4) BEFORE amended by 2001-37-19 effective September 26, 2001 (BC Reg 216/01).

(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.

Section 27(1) BEFORE amended by 2001-37-20 effective September 26, 2001 (BC Reg 216/01).

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.

Section 28(2) BEFORE amended by 2001-37-21 effective September 26, 2001 (BC Reg 216/01).

(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.

Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada