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Consumer Reporting Regulations

made under Section 25 of the

Consumer Reporting Act

R.S.N.S. 1989, c. 93

O.I.C. 74-93 (February 1, 1974), N.S. Reg. 12/74

as amended up to O.I.C. 2013-105 (March 28, 2013, effective June 1, 2013), N.S. Reg. 87/2013

 

1     The Act shall not apply to

 

                (a)    a consumer engaging in a transaction, other than relating to employment, in the course of carrying on a business, trade or profession; or

 

                (b)    a police officer conducting an investigation in the ordinary course of his duty.


Registration

2     An application for registration as a consumer reporting agency or renewal thereof shall be in a form as the Director may from time to time specify.

Section 2 replaced: O.I.C. 80-1490, N.S. Reg. 164/80.

 

3     Fees payable to the Director are as follows:

 

       (1)    upon application for registration or reinstatement of

registration as a consumer reporting agency ............................................$129.45

Clause 3(1) amended: O.I.C. 2013-105, N.S. Reg. 87/2013.

 

       (2)    for each branch office................................................................................$30.00

Clause 3(2) amended: O.I.C. 2013-105, N.S. Reg. 87/2013.

 

       (3)    upon application for renewal of license......................................................$32.05

Clause 3(3) amended: O.I.C. 2013-105, N.S. Reg. 87/2013.

 

       (4)    upon letter of application for a duplicate

certificate of registration when the original

has been lost, stolen or destroyed...............................................................$30.00

Clause 3(4) amended: O.I.C. 2013-105, N.S. Reg. 87/2013.


Terms and conditions of registration

4     Every registration expires on the 31st day of March in each year.

 

5     (1)    No person shall be registered as a consumer reporting agency unless the applicant

 

                (a)    if an individual, is of the full age of nineteen years or, if a partnership, if each member of the partnership is of the full age of nineteen years and further if each individual or member of the partnership is a Canadian citizen or has been lawfully admitted to Canada and is ordinarily resident in Canada;

 

                (b)    if a corporation, is incorporated in Canada and registered to do business in Nova Scotia.

 

       (2)    No person shall be registered as a consumer reporting agency unless the applicant

 

                (a)    if an individual, has at least two years of actual related experience in all phases of consumer reporting;

 

                (b)    if a partnership, if each member of the partnership has at least two years of actual related experience in all phases of consumer reporting;

 

                (c)    if a corporation, if the principle officers of the corporation and the managers of the head office and of each branch thereof, have at least two years of actual related experience in all phases of consumer reporting.

 

6     Every applicant for registration shall state in the application an address for service in Nova Scotia and notification of any change shall be made to the Director forthwith.

 

7     Every person registered as a consumer reporting agency shall operate from a fixed place of business in Nova Scotia that shall be open to the public during normal business hours.

 

8     No registrant shall operate a branch office in Nova Scotia unless such branch office has been authorized by the registration.

 

9     Where the registration of a consumer reporting agency is revoked or suspended or where the registrant has voluntarily gone out of business, he shall immediately return his certificate of registration to the Registrar by registered mail.

 

10   For the purposes of compliance with subsection (c) of Section 15 [of the Act], the disclosure of any change in the ownership of shares will only be required where the ownership of twenty-five percent or more of the voting shares is changed.

 

11   An applicant for registration or for renewal of registration or [of a] registered consumer reporting agency shall furnish the Director with information or material concerning its officers, organization and operating practices and procedures and such information will be furnished within a specified time limit and may require verification by affidavit if so requested by the Director.


Additional forms

12   A voluntary cancellation of registration under subsection (1) of Section 7 of the Act shall be in a form as the Director may from time to time specify.

Section 12 amended: O.I.C. 80-1490, N.S. Reg. 164/80.


Definitions

13   The definition of terms as set out in subsection (1) of Section 2 of the Act shall apply to these terms where same are used in these regulations