Duty LXD-7668
Is an insurer, in Quebec
Credit assessment agents: rights of persons concerned and supervision by the Autorité des marchés financierssince 8 lines
Credit Assessment Agents Act, CQLR c A-8.2 · Read the law's page
- If the Autorité des marchés financiers has designated you a credit assessment agent, give a person concerned by a record you hold, on request, his or her credit rating with the explanations necessary to understand it, and apply the protection measures the person requests: a security freeze, a security alert or an explanatory statement.
- Answer a request to exercise a right in writing, granting it or giving reasons for refusing it and the person’s recourses, promptly and within the time the Government sets by regulation.
- Do not charge a fee for exercising a right under the Act, other than for placing a security freeze, and do not take the exercise of a right into account in producing a credit rating or other personal information about the person.
- Let any person concerned by a record you hold access the personal information it contains via Internet, free of charge.
- Adhere to sound commercial practices: give appropriate information on the rights, provide appropriate means of communication, adopt a complaints processing and dispute resolution policy, keep a complaints register, and send each complainant a notice of the registration within 10 days.
- Adhere to appropriate management practices, be able to show the Authority that you adhere to both sets of practices, and prepare the annual statement of your affairs in Québec and the reports the Authority requires.
- Declare to the Authority, within 30 days, any change in the information about you in the register of credit assessment agents.
- Comply with the Authority’s orders, which carry monetary administrative penalties and, if contravened, penal fines.
Personal information agents: registration, accuracy, access and destruction dutiessince 7 lines
Act respecting the protection of personal information in the private sector, CQLR c P-39.1, ss. 70-79.1 · Read the law's page
- If you carry on an enterprise in Québec in which you establish files on other persons and communicate to third parties credit reports on their character, reputation or solvency, register with the Commission d’accès à l’information as a personal information agent.
- Give the Commission your name, address and email address, the address and contact details of each Québec establishment, the title and contact information of the person in charge of the protection of personal information, your method of operation, your rules of conduct and your other confidentiality and security measures, and report any change to the Commission no later than 30 days after it.
- Do not invoke your registration to claim that your competence, solvency, conduct or operations are recognized or approved.
- Establish and apply a method of operation that keeps the information you communicate up to date and accurate and communicates it in accordance with the Act.
- Establish and apply rules of conduct that let any person to whom the personal information you hold relates have access to it and have it rectified through a procedure that protects the information.
- Inform the public on your website, or by another appropriate means if you have none, that you hold personal information on other persons, that you give credit reports to the persons you contract with and receive personal information from them, and what rights of access and rectification the persons concerned have.
- Destroy personal information you collected more than seven years earlier, unless it is in a file established for an inquiry to prevent, detect or repress a crime or statutory offence.