The Link Between Credit Reporting and Limitation Periods: Difference between revisions

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::<i>9 (3) A consumer reporting agency shall not include in a consumer report,
::<i>9 (3) A consumer reporting agency shall not include in a consumer report,
::::(a) any credit information based on evidence that is not the best evidence reasonably available;
::::....
::::(b) any unfavourable personal information unless it 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;
::::(c) information as to judgments after seven years after the judgment was given, unless the creditor or the creditor’s agent confirms that it remains unpaid in whole or in part, and such confirmation appears in the file;
::::(d) information as to any judgment against the consumer unless mention is made of the name and, where available, the address of the judgment creditor or the creditor’s agent as given at the date of entry of the judgment and the amount;
::::(e) information as to the bankruptcy of the consumer after seven years from the date of the discharge except where the consumer has been bankrupt more than once;
::::(f) information regarding any debt or collection if,
::::(f) information regarding any debt or collection if,
::::::(i) more than seven years have elapsed since the date of last payment on the debt or collection, or
::::::(i) more than seven years have elapsed since the date of last payment on the debt or collection, or
::::::(ii) where no payment has been made, more than seven years have elapsed since the date on which the default in payment or the matter giving rise to the collection occurred, unless the creditor or the creditor’s agent confirms that the debt or collection is not barred by statute and the confirmation appears in the file;
::::::(ii) where no payment has been made, more than seven years have elapsed since the date on which the default in payment or the matter giving rise to the collection occurred, unless the creditor or the creditor’s agent confirms that the debt or collection is not barred by statute and the confirmation appears in the file;</i></i>
::::(g) information as to the payment or non-payment of taxes or lawfully imposed fines after seven years;
::::(h) information as to convictions for crimes, after seven years from the date of conviction or, where the conviction resulted in imprisonment, from the date of release or parole, provided information as to convictions for crimes shall not be reported if at any time it is learned that after a conviction an absolute discharge or a full pardon has been granted;
::::(i) information regarding writs or actions that are more than seven years old or writs that were issued or actions commenced against the consumer more than twelve months prior to the making of the report unless the consumer reporting agency has ascertained the current status of the writ or action and has a record of this on file;
::::(j) information regarding any criminal charges against the consumer where the charges have been dismissed, set aside or withdrawn;
::::(k) any other adverse item of information where more than seven years have expired since the information was acquired or last reaffirmed;
::::(l) information as to race, creed, colour, sex, ancestry, ethnic origin, or political affiliation; or
::::(m) any information given orally in the consumer report unless the content of the oral report is recorded in the file.  R.S.O. 1990, c. C.33, s. 9 (3); 2002, c. 24, Sched. B, s. 29; 2004, c. 19, s. 9 (1).</i>


Now let's look at the prior version of the <i>Consumer Reporting Act, R.S.O. 1990, c. C.33</i><ref name="CRA1990"/>before the introduction of the new <i>Limitations Act, 2002, S.O. 2002, c. 24, Sched. B</i>, introduced by the Progressive Conservative Party of Ontario.


===Changes to the Limitations Act===
* Justice Statute Law Amendment Act, 2002<ref name="Bill213-2002>Justice Statute Law Amendment Act, 2002, S.O. 2002, c. 24 - Bill 213, <https://www.ontario.ca/laws/statute/s02024?search=2002%2C+c.+24%2C+Sched.+B%2C+s.+50>, retrieved 2022-08-14</ref> - Assented to December 9, 2002
::<b>26. (1) Parts II and III of the Limitations Act are repealed and the following substituted:</b>
::<b>28. Subsection 4 (3) of the Certification of Titles Act is amended by striking out “Limitations Act” and substituting “Real Property Limitations Act”.</b>
===Changes to the Consumer Reporting Acts===
* Consumer Reporting Act, RSO 1990 <ref name="CPA1990"/>
* Consumer Reporting Act, RSO 1980 <ref name="CPA1980"/>
* Ministry of Consumer and Commercial Relations Act, RSO 1980, c 274<ref name="MCCRA1980"/>
* Table of Proclamations: R.S.O. 1970; 1971; 1971 (2nd Session); 1972; 1973; 1974; 1975; 1975 (2nd Session); 1976; 1976 (2nd Session); 1977; 1978; 1979; 1980
* CONSUMER REPORTING ACT: 1973, c. 97 (2nd July, 1974).
* Creditors Relief Act, RSO 1970, c 97 <ref name="CreditorsRA"/>
* The Consumer Reporting Act, 1973, SO 1973, c 97<ref name="CreditRA1973"/> - Royal Assent: July 2, 1974
<ref name="MCCRA1980">Ontario (1980) "c 274 Ministry of Consumer and Commercial Relations Act," Ontario: Revised Statutes: Vol. 1980: Iss. 4, Article 49.
Available at: https://digitalcommons.osgoode.yorku.ca/rso/vol1980/iss4/49</ref>
<ref name="CreditorsRA">Ontario (1970) "c 97 Creditors Relief Act," Ontario: Revised Statutes: Vol. 1970: Iss. 1, Article 100. Available at: https://digitalcommons.osgoode.yorku.ca/rso/vol1970/iss1/100</ref>
<ref name="CreditRA1973">Ontario (1973) "c 97 The Consumer Reporting Act, 1973," Ontario: Annual Statutes: Vol. 1973, Article 99.
Available at: https://digitalcommons.osgoode.yorku.ca/ontario_statutes/vol1973/iss1/99</ref>
====The Consumer Reporting Act, 1973, SO 1973, c 97<ref name="CreditRA1973"/>====


===Changes to the Limitations Act===
9 (3) A consumer reporting agency <b><u>shall not include</b></u> in a
* Justice Statute Law Amendment Act, 2002<ref name="Bill213-2002>Justice Statute Law Amendment Act, 2002, S.O. 2002, c. 24 - Bill 213, <https://www.ontario.ca/laws/statute/s02024?search=2002%2C+c.+24%2C+Sched.+B%2C+s.+50>, retrieved 2022-08-14</ref>
consumer report
::...
::(f) information regarding any judgments, <b><u>collections or debts that on their face are statute barred</b></u> unless it is accompanied by evidence appearing in the file that recovery is not barred by the expiration of a limitation period;
 
====Consumer Reporting Act, RSO 1980, c 89<ref name="CPA1980"/>====
 
9 (3) A consumer reporting agency <b><u>shall not include</b></u> in a consumer report,
::...
::(f) information regarding any judgments, <b><u>collections or debts that on their face are statute barred</b></u> unless it is accompanied by evidence appearing in the file that recovery is not barred by the expiration of a limitation period;
 
====Consumer Reporting Act, RSO 1990, c C.33<ref name="CPA1990"/>====
 
9 (3) A consumer reporting agency <b><u>shall not include</b></u> in a consumer report,
::...
::(f) information regarding any judgments, <b><u>collections or debts that on their face are statute barred unless</b></u> it is accompanied by evidence appearing in the file that recovery is not barred by the expiration of a limitation period;
 
====Consumer Reporting Act, R.S.O. 1990, c. C.33 - for the period January 1, 2004 to November 29, 2004.====
 
9 (3) A consumer reporting agency <b><u>shall not include</b></u> in a consumer report,
::...
::(f) information regarding any collection or debt <b><u>after seven years following the commencement of the debt obligation</b></u>, unless the creditor or the creditor’s agent confirms that the debt obligation is not barred under the Limitations Act, 2002 and the confirmation appears in the file;
 
====Consumer Reporting Act, R.S.O. 1990, c. C.33 - for the period March 31, 2007 to March 31, 2007.====
 
9 (3) A consumer reporting agency shall <b><u>not include</b></u> in a consumer report,
::...
::(f) information regarding any debt or collection if,
::::(i) more than seven years have elapsed <b><u>since the date of last payment on the debt or collection</b></u>, or
::::(ii) where no payment has been made, <b><u>more than seven years have elapsed since the date on which the default in payment or the matter giving rise to the collection occurred</b></u>, unless the creditor or the creditor’s agent confirms that the debt or collection is not barred by statute and the confirmation appears in the file;
 
===Changes===
* <i>Ministry of Consumer and Business Services Statute Law Amendment Act, 2004, S.O. 2004, c. 19 - Bill 70</i> <ref name="MCSSAA2004"/>
 
:::<b>9. (1) Clause 9 (3) (f) of the Consumer Reporting Act, as re-enacted by the Statutes of Ontario, 2002, chapter 24, Schedule B, section 29, is repealed and the following substituted:</b>
:::::(f) information regarding any debt or collection if,
::::::(i) more than seven years have elapsed <b><u>since the date of last payment on the debt or collection</b></u>, or
::::::(ii) where no payment has been made, <b><u>more than seven years have elapsed since the date on which the default in payment or the matter giving rise to the collection occurred</b></u>,
::::unless the creditor or the creditor’s agent confirms that the debt or collection is not barred by statute and the confirmation appears in the file;
 
<ref name="MCSSAA2004">Ministry of Consumer and Business Services Statute Law Amendment Act, 2004, S.O. 2004, c. 19 - Bill 70, <https://www.ontario.ca/laws/statute/s04019>, retrieved 2022-08-15</ref>
 
The bill sponsor was the [https://www.ola.org/en/members/all/jim-watson Hon. Jim Watson, Minister of Consumer and Business Services], the bill was held from 38th Parliament, 1st Session.


==References==
==References==
<ref name="CRA1990">Ontario (1990) "c C.33 Consumer Reporting Act/Loi sur les renseignements concernant le consommateur," Ontario: Revised Statutes: Vol. 1990: Iss. 2, Article 24. Available at: https://digitalcommons.osgoode.yorku.ca/rso/vol1990/iss2/24</ref>
<ref name="CRA1990">Ontario (1990) "c C.33 Consumer Reporting Act/Loi sur les renseignements concernant le consommateur," Ontario: Revised Statutes: Vol. 1990: Iss. 2, Article 24. Available at: https://digitalcommons.osgoode.yorku.ca/rso/vol1990/iss2/24</ref>
<ref name="CPA1980">Ontario (1980) "c 89 Consumer Reporting Act," Ontario: Revised Statutes: Vol. 1980: Iss. 1, Article 91.
Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1980/iss1/91</ref>
<ref name="CPA1990">Ontario (1990) "c C.33 Consumer Reporting Act/Loi sur les renseignements concernant le consommateur," Ontario: Revised Statutes: Vol. 1990: Iss. 2, Article 24. Available at: https://digitalcommons.osgoode.yorku.ca/rso/vol1990/iss2/24</ref>

Latest revision as of 17:36, 15 August 2022


Introduction

Here we explore the brief history of the Limitations Act, 2002, and the Consumer Reporting Act, R.S.O. 1990, c. C.33. Specifically we will examine how the Conservative government made changes in 2001 that unfairly impacted middle-class and low-income people with respect to modern-day credit reporting practices.

The Current Law

Laws tend to be written in the negative, meaning laws state what you cannot do as opposed to what you are permitted to do. The purpose of this is generally though to grant flexibility in limiting unforeseen consequences when drafting new legislation.

The authority for what is not be posted within a consumer credit report is found in section 9 (3) of the Consumer Reporting Act, R.S.O. 1990, c. C.33 which states:

9 (3) A consumer reporting agency shall not include in a consumer report,
....
(f) information regarding any debt or collection if,
(i) more than seven years have elapsed since the date of last payment on the debt or collection, or
(ii) where no payment has been made, more than seven years have elapsed since the date on which the default in payment or the matter giving rise to the collection occurred, unless the creditor or the creditor’s agent confirms that the debt or collection is not barred by statute and the confirmation appears in the file;


Changes to the Limitations Act

  • Justice Statute Law Amendment Act, 2002[1] - Assented to December 9, 2002
26. (1) Parts II and III of the Limitations Act are repealed and the following substituted:
28. Subsection 4 (3) of the Certification of Titles Act is amended by striking out “Limitations Act” and substituting “Real Property Limitations Act”.

Changes to the Consumer Reporting Acts

  • Consumer Reporting Act, RSO 1990 [2]
  • Consumer Reporting Act, RSO 1980 [3]
  • Ministry of Consumer and Commercial Relations Act, RSO 1980, c 274[4]
  • Table of Proclamations: R.S.O. 1970; 1971; 1971 (2nd Session); 1972; 1973; 1974; 1975; 1975 (2nd Session); 1976; 1976 (2nd Session); 1977; 1978; 1979; 1980
  • CONSUMER REPORTING ACT: 1973, c. 97 (2nd July, 1974).
  • Creditors Relief Act, RSO 1970, c 97 [5]
  • The Consumer Reporting Act, 1973, SO 1973, c 97[6] - Royal Assent: July 2, 1974


[4] [5] [6]

The Consumer Reporting Act, 1973, SO 1973, c 97[6]

9 (3) A consumer reporting agency shall not include in a consumer report

...
(f) information regarding any judgments, collections or debts that on their face are statute barred unless it is accompanied by evidence appearing in the file that recovery is not barred by the expiration of a limitation period;

Consumer Reporting Act, RSO 1980, c 89[3]

9 (3) A consumer reporting agency shall not include in a consumer report,

...
(f) information regarding any judgments, collections or debts that on their face are statute barred unless it is accompanied by evidence appearing in the file that recovery is not barred by the expiration of a limitation period;

Consumer Reporting Act, RSO 1990, c C.33[2]

9 (3) A consumer reporting agency shall not include in a consumer report,

...
(f) information regarding any judgments, collections or debts that on their face are statute barred unless it is accompanied by evidence appearing in the file that recovery is not barred by the expiration of a limitation period;

Consumer Reporting Act, R.S.O. 1990, c. C.33 - for the period January 1, 2004 to November 29, 2004.

9 (3) A consumer reporting agency shall not include in a consumer report,

...
(f) information regarding any collection or debt after seven years following the commencement of the debt obligation, unless the creditor or the creditor’s agent confirms that the debt obligation is not barred under the Limitations Act, 2002 and the confirmation appears in the file;

Consumer Reporting Act, R.S.O. 1990, c. C.33 - for the period March 31, 2007 to March 31, 2007.

9 (3) A consumer reporting agency shall not include in a consumer report,

...
(f) information regarding any debt or collection if,
(i) more than seven years have elapsed since the date of last payment on the debt or collection, or
(ii) where no payment has been made, more than seven years have elapsed since the date on which the default in payment or the matter giving rise to the collection occurred, unless the creditor or the creditor’s agent confirms that the debt or collection is not barred by statute and the confirmation appears in the file;

Changes

  • Ministry of Consumer and Business Services Statute Law Amendment Act, 2004, S.O. 2004, c. 19 - Bill 70 [7]
9. (1) Clause 9 (3) (f) of the Consumer Reporting Act, as re-enacted by the Statutes of Ontario, 2002, chapter 24, Schedule B, section 29, is repealed and the following substituted:
(f) information regarding any debt or collection if,
(i) more than seven years have elapsed since the date of last payment on the debt or collection, or
(ii) where no payment has been made, more than seven years have elapsed since the date on which the default in payment or the matter giving rise to the collection occurred,
unless the creditor or the creditor’s agent confirms that the debt or collection is not barred by statute and the confirmation appears in the file;

[7]

The bill sponsor was the Hon. Jim Watson, Minister of Consumer and Business Services, the bill was held from 38th Parliament, 1st Session.

References

[8] [3] [2]

  1. ↑ Justice Statute Law Amendment Act, 2002, S.O. 2002, c. 24 - Bill 213, <https://www.ontario.ca/laws/statute/s02024?search=2002%2C+c.+24%2C+Sched.+B%2C+s.+50>, retrieved 2022-08-14
  2. ↑ 2.0 2.1 2.2 Ontario (1990) "c C.33 Consumer Reporting Act/Loi sur les renseignements concernant le consommateur," Ontario: Revised Statutes: Vol. 1990: Iss. 2, Article 24. Available at: https://digitalcommons.osgoode.yorku.ca/rso/vol1990/iss2/24
  3. ↑ 3.0 3.1 3.2 Ontario (1980) "c 89 Consumer Reporting Act," Ontario: Revised Statutes: Vol. 1980: Iss. 1, Article 91. Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1980/iss1/91
  4. ↑ 4.0 4.1 Ontario (1980) "c 274 Ministry of Consumer and Commercial Relations Act," Ontario: Revised Statutes: Vol. 1980: Iss. 4, Article 49. Available at: https://digitalcommons.osgoode.yorku.ca/rso/vol1980/iss4/49
  5. ↑ 5.0 5.1 Ontario (1970) "c 97 Creditors Relief Act," Ontario: Revised Statutes: Vol. 1970: Iss. 1, Article 100. Available at: https://digitalcommons.osgoode.yorku.ca/rso/vol1970/iss1/100
  6. ↑ 6.0 6.1 6.2 Ontario (1973) "c 97 The Consumer Reporting Act, 1973," Ontario: Annual Statutes: Vol. 1973, Article 99. Available at: https://digitalcommons.osgoode.yorku.ca/ontario_statutes/vol1973/iss1/99
  7. ↑ 7.0 7.1 Ministry of Consumer and Business Services Statute Law Amendment Act, 2004, S.O. 2004, c. 19 - Bill 70, <https://www.ontario.ca/laws/statute/s04019>, retrieved 2022-08-15
  8. ↑ Ontario (1990) "c C.33 Consumer Reporting Act/Loi sur les renseignements concernant le consommateur," Ontario: Revised Statutes: Vol. 1990: Iss. 2, Article 24. Available at: https://digitalcommons.osgoode.yorku.ca/rso/vol1990/iss2/24
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