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The Personal Investigations Amendment Act (Identity Protection)

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2006, c. 28

Bill 5, 5th Session, 38th Legislature

The Personal Investigations Amendment Act (Identity Protection)

(Assented to December 7, 2006)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P34 amended

1           The Personal Investigations Act is amended by this Act.

2            Section 1 is amended by adding the following definition:

"security alert" means a statement included in a subject's personal file at his or her request, and transmitted as part of any personal report made about the subject, that gives notice to users and others to verify the identity of any person purporting to be the subject; (« avertissement »)

3           Subsection 8(1) is amended by striking out ", but not more frequently than at intervals of six months, unless a notification has been received under section 7,".

4           The following is added after section 12:

Subject may request security alert

12.1(1)     A subject may request a personal reporting agency to include a security alert in his or her personal file.

24-hour toll-free number to request security alert

12.1(2)     A personal reporting agency must provide a telephone number that a subject can call, at any time and without being charged for the call, to request or remove a security alert or amend the information provided under subsection (3).

Subject to provide contact verification information

12.1(3)     When making the request under subsection (1), the subject must provide the personal reporting agency with

(a) a telephone number at which, or another method prescribed by regulation by which, he or she may be contacted for the purpose of subsection 12.4(2); and

(b) any other information specified in the regulations.

Personal reporting agency must include security alert

12.1(4)     As soon as practicable after receiving the request made in accordance with subsection (3), the personal reporting agency must include the security alert in the subject's personal file.

Removing or amending

12.1(5)     The subject may request that the personal reporting agency

(a) remove the security alert from the subject's personal file; or

(b) amend the information provided under subsection (3).

Personal reporting agency to comply with request

12.1(6)     A personal reporting agency must comply with a request under subsection (5) as soon as practicable.

Verifying identity

12.1(7)     Before complying with the subject's request under subsection (1) or (5), the personal reporting agency must

(a) take reasonable steps to verify that the person making the request is the subject; and

(b) record the steps taken.

Expiry

12.2(1)     A security alert expires at the end of the time period, if any, prescribed by regulation.

Information about expiry date

12.2(2)     Upon receiving a request under subsection 12.1(1), the personal reporting agency must inform the subject of the date, if any, that the security alert will expire.

No fee for security alert

12.3        No person shall charge, require or accept a fee in relation to a security alert except as may be prescribed by regulation.

When and to whom alert must be given

12.4(1)     If a security alert is in place, the personal reporting agency must give the security alert to every person to whom the contents of the subject's personal file or personal report are divulged.

User to take reasonable steps to verify person's identity

12.4(2)     A user who receives a security alert must not enter into, amend or replace an agreement for credit, or any other agreement prescribed by regulation, with a person purporting to be the subject, without first

(a) verifying that the person is the subject

(i) by contacting the subject at the telephone number or by the method provided under clause 12.1(3)(a), or

(ii) by taking other reasonable steps; and

(b) recording those actions.

5           Section 19 is replaced with the following:

Offence and penalty

19          A person who contravenes a provision of this Act or the regulations is guilty of an offence and liable, on summary conviction,

(a) in the case of an individual,

(i) for a first offence, to a fine of not more than $10,000., and

(ii) for each subsequent offence, to a fine of not more than $50,000.; and

(b) in the case of a corporation,

(i) for a first offence, to a fine of not more than $25,000., and

(ii) for each subsequent offence, to a fine of not more than $100,000.

6           Clause 20(e) is replaced with the following:

(e) respecting security alerts, including, without limitation,

(i) governing the application of sections 12.1 to 12.4, including exempting agreements or classes of agreements, transactions or classes of transactions, and persons or classes of persons from the application of any or all of those provisions, and prescribing circumstances in which any or all of those provisions do not apply,

(ii) governing how requests are to be made under subsections 12.1(1) and (5),

(iii) for the purpose of clause 12.1(3)(a), prescribing other methods of contacting a subject,

(iv) for the purpose of clause 12.1(3)(b), specifying information to be provided by a subject,

(v) for the purpose of subsection 12.2(1), prescribing the period at the end of which a security alert expires,

(vi) for the purpose of section 12.3, specifying circumstances in which fees may be charged in relation to a security alert, and prescribing the amount of the fee or a method of determining the amount,

(vii) for the purpose of subsection 12.4(2), prescribing other agreements that a user must not enter into, amend or replace without first verifying the person's identity, and

(viii) specifying information that must be provided about security alerts, and respecting the form, timing and manner of providing that information;

(f) defining any word or expression used but not defined in this Act;

(g) respecting any matter necessary or advisable to carry out the purposes of this Act.

Coming into force

7            This Act comes into force on a day to be fixed by proclamation.