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Consumer Information - Consumer Rights - Consumer Reporting Act

The Consumer Reporting Act and regulations create rights for consumers. Some of those rights are described below. Please refer to the Act and regulations if you need a complete description of consumer rights.

Rights of consumers or obligations of businesses:

- A permit is required to operate as a consumer reporting agency in Nova Scotia. Certain criteria must be met to qualify for a permit.

- Consumer Reporting Agencies (Agencies) must take reasonable steps to ensure information they hold is accurate and fair.

- Agencies cannot report

- information if the source isn't in the file or readily ascertainable by the consumer
- any information that has not been reasonably verified
- information about actions, judgements, accounts or debts that are statute-barred from being included
- judgement information unless the judgement is less than 6 years old or there is more than one judgement
- bankruptcy information older than 6 years unless there has been more than one bankruptcy
- information on criminal or summary conviction charges where the charges have been dismissed, set aside, withdrawn or where a stay of proceedings have been entered
- information on criminal or summary proceedings seven years after the date of conviction or completion of imprisonment, whichever is later.

- No one can request a report without the written consent of the consumer, with one exception. A report can be requested from a consumer reporting agency if the consumer is notified in writing not later than ten days after the report has been requested, of the name and address of the consumer reporting agency.

-The consent to obtain a report must be located immediately above the place where the consumer signs.

-If a consumer is denied a benefit based on a consumer report, or costs for the consumer are increased based on a consumer report, the consumer must be notified by the business immediately and told of their right to see the report.

-A consumer can see the content of their consumer file, including the names of people who requested consumer reports in the previous 12 months, and copies of any written reports made to any person.

-A consumer has a right to have the information contained in the report explained to them, and has the right to make copies.

-Information supplied by a consumer's physician can be withheld at the request of the physician.

-A consumer is not required to sign a waiver or release before getting access to their consumer file.

-If the accuracy of some information is disputed by the consumer, the Agency must verify the information or delete it.

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