SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
October 31, 2023 09:00AM

It’s an honour to rise here this morning to support Bill 142, the Better for Consumers, Better for Businesses Act. I want to thank the member for Markham–Unionville for sharing his time with me today, and I want to congratulate my former colleague at the Treasury Board both on his appointment as the Minister of Public and Business Service Delivery and on his first bill in his important new role. I want to thank him and his team for all the work they’re doing on this bill.

The minister and many of our colleagues have explained how, if passed, Bill 142 would modernize and update the Consumer Protection Act for the first time in 20 years. It includes many changes that the public and stakeholders have asked for over the last three years. Many of these new amendments against unfair business practices will help protect seniors, immigrants and other vulnerable Ontarians, who are often targets of scams, fraud and identity theft.

This morning, I’d like to focus in particular on schedule 2 and on the minister’s proposed amendments to Ontario’s Consumer Reporting Act. As you know, Speaker, this law, which was originally introduced in 1971, governs the collection and reporting of credit information about consumers by reporting agencies like TransUnion and Equifax. In the late 1990s, these credit reporting agencies began to allow consumers to access their credit reports online for a fee, usually between $10 and $20, to cover the technical costs of making credit reporting available online.

Twenty years ago, President George W. Bush and the United States Congress passed the Fair and Accurate Credit Transactions Act, to allow American consumers to obtain free online credit reporting at least once per year from each agency. Many other countries have passed similar laws because they understand that any technical costs were recovered a long time ago.

But in Ontario, the current section 12 of the Consumer Reporting Act requires the reporting agencies to provide free credit reports only after a written request, not online. There is only one physical location for each agency—Burlington for TransUnion; North York for Equifax—which is not practical for most consumers, so they would either have to make a request by mail and wait several weeks, or pay $15 online. And since there can be differences between the two credit reports from TransUnion and Equifax, you would have to pay both. This becomes a major profit centre for the reporting agencies. If a million Ontarians requested their two credit reports online each year, it would cost up to $30 million.

That’s why, earlier in our first term, in 2018, I met with Bill Walker, who was then the Minister of Government and Consumer Services, and his staff. I was joined by my friend and a constituent of mine, Jim Aziz, an expert on international consumer reporting, who was involved in drafting Ontario’s original consumer reporting act 52 years ago, in 1971. Since then, he has worked to update and modernize consumer reporting laws and regulations in over 20 countries, to meet the latest international standards. He has worked with the International Monetary Fund, the American State Department, the World Bank, the Asian Development Bank, the UK Department for International Development, and the European Bank for Reconstruction and Development.

Today, Mr. Aziz says that the amendments introduced in schedule 2 of Bill 142 will help Ontario to meet international best practices in consumer credit reporting, with many new protections for Ontario consumers. I’ll take a moment now to speak about a few of these.

First, this bill would amend section 12 of the act to provide consumers with free access to their personal credit reports at least once per month online and at least two times each year by mail or by phone. As Mr. Aziz says, it is important for consumers to be able to view their credit reports, not just when they’re applying for a mortgage or other large credit purchase, but all the time, to help ensure that the information in their credit reports is accurate, and to see if there is any evidence of identity fraud or theft.

As the minister said, within the last five years alone, there have been major data leaks at both TransUnion and Equifax. A TransUnion data leak in 2019 affected 37,000 Canadians. An Equifax leak in 2017 was the largest in history, affecting over 150 million people worldwide, including 19,000 here in Canada. As the minister said, since then, our government has held public consultations about amendments to the act to help consumers monitor their credit information, and to protect against identity theft.

The proposed section 12.4 allows consumers to place a security freeze on their information with TransUnion and Equifax. This is one of the best ways to prevent an identity thief from opening a new credit account in your name. I understand that the ministry has received over 20 requests for a security freeze option in Ontario, just this year alone. The security freeze has been an option in the US since 2018, and it was introduced in Quebec earlier this year.

The proposed section 12.6 would allow consumers to add a statement in their credit report of up to 200 words. This can be used to provide valuable context about a particular account. For example, if you’re a victim of identity theft, or if you missed loan payments because you were laid off during the COVID-19 pandemic, a statement can help provide potential lenders with information about your history.

The proposed section 23 would provide consumers with the right to take legal action against credit reporting agencies and to seek damages when they don’t comply with the act or the regulations. This should make it easier for consumers to correct false information in the credit reports.

Bill 142 would also update the penalties in the Consumer Reporting Act for the first time since 1990. The penalty for directors and officers would double, from $25,000 to $50,000, and the penalty for corporations would increase from $100,000 to $250,000. This would bring the penalties in the act in line with the laws in other sectors and ensure that consumers can hold these agencies accountable.

Speaker, last year the minister and I had the opportunity to meet with TransUnion’s insurance and analytics team at our office at the Treasury Board. Clarke Cross, TransUnion’s director of government relations, also attended, and I was glad to read his comments supporting Bill 142:

“TransUnion is pleased to see the government taking action to update credit consumer reporting. Through an extensive consultation process, the Better for Consumers, Better for Businesses Act, 2023, will provide people with modern and enhanced tools for managing their credit information. We’re excited for changes that continue to empower consumers and help companies like TransUnion to better serve Ontarians.”

Speaker, I should note that Equifax also supports free online credit reports each month, and many of the other changes proposed in Bill 142. Together, these changes reflect the latest international standards for best practice.

Again, I want to thank our minister and his team for all their work on this bill, and I hope all the members will support this. This bill will make a big change here in the province of Ontario.

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I want to thank the member of Thornhill for that question. As you know, before, you would have to go to the two offices—one is in Burlington; one is in North York—to get your information. But now that you can do it online, you can do it monthly. You could even prevent people from taking identity theft on you, because you could check your credit rating on a monthly basis to see how you stand out there, and that will protect you.

But not only that, you can even put a security freeze on your account. So if you look at someone that never needs to borrow money, he could freeze his account so that no information would ever be leaked.

These are all things that will protect our consumers out there, because as we know, there is a lot of identity theft that is going on right now. And you see what happens: You sometimes go to apply for a mortgage and someone already has a mortgage in your name. And even on your vehicles too—you have noticed that people have liens on your vehicle.

By doing this, that you can check your credit rating on a monthly basis for free, it will prevent or decrease theft.

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  • Oct/31/23 10:20:00 a.m.

I am proud to rise this morning to celebrate the second annual Hungarian Heritage Month in Ontario.

On Hungarian Republic Day, I was proud to join the Minister of Finance and many of our colleagues to help raise the Hungarian flag here at Queen’s Park, and then at Toronto city hall, together with my friends Máté from the Hungarian consulate and Sándor Balla, president of the Hungarian Canadian Business Association, and some of the Fifty-Sixes, veterans of the revolution in 1956. I also attended a gala dinner and concert at the Hungarian Canadian Cultural Centre in North York with the Associate Minister of Mental Health and Addictions and the ambassador of Hungary to Canada, Mária Vass-Salazar.

Speaker, I was honoured to receive the Knight’s Cross of the Order of Merit of the Republic of Hungary, joining my friend Tamás Buday, the great Hungarian Canadian sprint canoe coach at the Mississauga Canoe Club, and I want to thank him again for helping decorate my office for Hungarian Heritage Month.

I want to thank all members again for supporting my private member’s bill to recognize this month, the first of its kind in Canada to celebrate a community that has contributed so much to Ontario. Thank you.

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I wasn’t aware that Ontario Place was in the greenbelt, so I would like her to go back to the greenbelt.

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