The Link Between Credit Reporting and Limitation Periods: Difference between revisions
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::::(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;</i> | ::::::(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> | ||
===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 (1) Parts II and III of the Limitations Act are repealed and the following substituted: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=== | ===Changes to the Consumer Reporting Acts=== | ||
| Line 39: | Line 40: | ||
====The Consumer Reporting Act, 1973, SO 1973, c 97<ref name="CreditRA1973"/>==== | ====The Consumer Reporting Act, 1973, SO 1973, c 97<ref name="CreditRA1973"/>==== | ||
9 (3) A consumer reporting agency shall not include in a | 9 (3) A consumer reporting agency <b><u>shall not include</b></u> in a | ||
consumer report | 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; | ::(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"/>==== | ====Consumer Reporting Act, RSO 1980, c 89<ref name="CPA1980"/>==== | ||
9 (3) A consumer reporting agency shall not include in a consumer report, | 9 (3) A consumer reporting agency <b><u>shall not include</b></u> 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; | ::(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"/>==== | ====Consumer Reporting Act, RSO 1990, c C.33<ref name="CPA1990"/>==== | ||
9 (3) A consumer reporting agency shall not include in a consumer report, | 9 (3) A consumer reporting agency <b><u>shall not include</b></u> 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; | ::(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.==== | ====Consumer Reporting Act, R.S.O. 1990, c. C.33 - for the period March 31, 2007 to March 31, 2007.==== | ||
9 | 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, | ::(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 <b><u>since the date of last payment on the debt or collection</b></u>, 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 | ::::(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=== | ===Changes=== | ||
* Ministry of Consumer and Business Services Statute Law Amendment Act, 2004, S.O. 2004, c. 19 - Bill 70 <ref name="MCSSAA2004"/> | * <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> | :::<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> | ||
| Line 82: | Line 82: | ||
<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> | <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 | 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== | ||
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;
- 9 (3) A consumer reporting agency shall not include in a consumer report,
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
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,
- (f) information regarding any debt or collection if,
- 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;
- 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:
The bill sponsor was the Hon. Jim Watson, Minister of Consumer and Business Services, the bill was held from 38th Parliament, 1st Session.
References
- ↑ 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
- ↑ 2.0 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
- ↑ 3.0 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
- ↑ 4.0 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
- ↑ 5.0 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
- ↑ 6.0 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
- ↑ 7.0 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
- ↑ 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
