P-39.1 - Act respecting the protection of personal information in the private sector

Section 19 Disposition versions

2023-09-22

19. Every person carrying on an enterprise having as its object entering into a credit contract, a long-term contract of lease of goods or a contract involving sequential performance for a service provided at a distance, who consults credit reports or recommendations as to the solvency of natural persons prepared by a personal information agent, must inform such persons of their right of access and rectification in relation to the personal information held by the agent and indicate to them the manner in which and the place where they may have access to the reports or recommendations and cause them to be rectified, where necessary.

The person carrying on such an enterprise must communicate to a natural person, on request, the content of any credit report or recommendation he has consulted for the purpose of making a decision concerning the person. The person must also inform the natural person who so requests that

(1)  the refusal to enter into a contract referred to in the first paragraph or the entering into such a contract with less advantageous conditions for the natural person, or

(2)  the refusal to increase the credit extended under a credit contract or the increasing of the credit with less advantageous conditions for the natural person

is based on the consultation of such a report or recommendation.

For the purposes of this section:

(1)  credit that is the subject of a contract has the meaning assigned by subparagraph f of the first paragraph of section 1 of the Consumer Protection Act (chapter P-40.1);

(2)  long-term contract of lease of goods has the meaning assigned by section 150.2 of that Act; and

(3)  contract involving sequential performance for a service provided at a distance is a contract to which Division VII of Chapter III of Title I of that Act applies.

1993, c. 17, s. 19; 2020, c. 21, s. 109; 2021, c. 25, s. 116.

2021-02-01

19. Every person carrying on an enterprise having as its object entering into a credit contract, a long-term contract of lease of goods or a contract involving sequential performance for a service provided at a distance, who consults credit reports or recommendations as to the solvency of natural persons prepared by a personal information agent, must inform such persons of their right of access and rectification in relation to the file held by the agent and indicate to them the manner in which and the place where they may have access to the reports or recommendations and cause them to be rectified, where necessary.

The person carrying on such an enterprise must communicate to a natural person, on request, the content of any credit report or recommendation he has consulted for the purpose of making a decision concerning the person. The person must also inform the natural person who so requests that

(1)  the refusal to enter into a contract referred to in the first paragraph or the entering into such a contract with less advantageous conditions for the natural person, or

(2)  the refusal to increase the credit extended under a credit contract or the increasing of the credit with less advantageous conditions for the natural person

is based on the consultation of such a report or recommendation.

For the purposes of this section:

(1)  credit that is the subject of a contract has the meaning assigned by subparagraph f of the first paragraph of section 1 of the Consumer Protection Act (chapter P-40.1);

(2)  long-term contract of lease of goods has the meaning assigned by section 150.2 of that Act; and

(3)  contract involving sequential performance for a service provided at a distance is a contract to which Division VII of Chapter III of Title I of that Act applies.

1993, c. 17, s. 19; 2020, c. 21, s. 109.

1994-01-01

19. Every person carrying on an enterprise having as its object the lending of money, who consults credit reports or recommendations as to the solvency of natural persons prepared by a personal information agent, must inform such persons of their right of access and rectification in relation to the file held by the agent and indicate to them the manner in which and the place where they may have access to the reports or recommendations and cause them to be rectified, where necessary.

The person carrying on such an enterprise must communicate to a natural person, on request, the content of any credit report or recommendation he has consulted for the purpose of making a decision concerning the person.

1993, c. 17, s. 19.