Credit and Personal Reports

A credit report is a written, oral or other communication of credit or personal information, or both, about an individual. A credit report is created by a reporting agency, which is an individual or business who prepares reports for gain or profit or on a reciprocal non-profit basis.

Alberta’s Consumer Protection Act and Credit and Personal Reports Regulation regulate credit reports.

 Last reviewed: June 2024

A credit report can include information about an individual’s:

• occupation
• current and previous employers
• places of employment
• place or places of residence
• marital status
• spouse’s or adult interdependent partner’s name and age
• number of dependents
• educational or professional qualifications
• estimated income
• paying habits
• outstanding debt obligations
• fines
• restitution orders
• cost of living obligations
• assets

 Last reviewed: June 2024

Reporting agencies keep some data on file that they cannot disclose in credit reports. This information includes:

• unfavourable personal information, unless the reporting agency has evidence to support the unfavourable personal information and this evidence is noted in the file and accompanies the unfavourable personal information
• unfavourable information about a debt if more than six years has passed since the date of the last payment on that debt or the date the debt was incurred, whichever is later
• information about a judgment more than six years after the judgment was given, unless the creditor confirms the judgment remains unpaid in whole or in part, and the confirmation appears in the file
• information about the bankruptcy of an individual more than six years after the date the individual was last discharged from bankruptcy, unless the individual has been bankrupt more than once
• information about charges against the individual under any federal, provincial or territorial law unless the charges led to a conviction
• information about a conviction of the individual for offences against a law of any jurisdiction more than six years after the date of conviction or, where the conviction resulted in jail time, after the date of release or parole, and in no case may information about a conviction be reported if the individual has been granted a pardon
• information given orally, unless the content of the oral report is noted in writing in the file
• any other information adverse to the individual’s interest that is more than six years old, unless the individual voluntarily supplies the information to the reporting agency
• information about the race, creed, colour, ancestry, ethnic origin, religion or political affiliation of an individual
• information about the payment or non-payment of a lawfully imposed fine more than six years after the fine was imposed
• information about a court action or court proceeding more than 12 months after the court action or court proceeding starts unless the current status of the action or proceeding is included in the report

 Last reviewed: June 2024

Yes. A reporting agency cannot collect or keep on file information about:

• an individual’s health and health care history, including information about a physical or mental disability
• an individual’s sexual orientation
• a member of an individual’s family, other than the name and age of the individual’s spouse or adult interdependent partner

 Last reviewed: June 2024

Reporting agencies cannot give out someone’s information to just anyone who wants it for whatever reason.

Alberta’s Consumer Protection Act says a credit report about an individual can only be shared in the following situations:

• there are reasonable grounds to believe the person receiving the report intends to use the information:
  • to extend credit to the individual, with the individual’s express consent
  • to collect a debt from the individual
  • to sign or renew a tenancy agreement by the individual, with the individual’s express consent
  • for employment purposes, with the individual’s express consent
  • to provide insurance to the individual, with the individual’s express consent
  • to decide if the individual is eligible for something by law
• there are reasonable grounds to believe the person has a direct business requirement for information in the report because of a business transaction with the individual, with the individual’s express consent
• the report is given to the Director of Consumer Protection or an inspector named under the Act, the government of Canada or of a province or territory, a municipality in Canada or any government agency
• the person is the individual or the person has the individual’s express consent to get the report
• in response to a court order

 Last reviewed: June 2024

Under Alberta’s Consumer Protection Act, an individual can give to a reporting agency a written explanation of up to 100 words to clarify any information in their file. The reporting agency must include this explanation with any credit report about the individual that it sends to a third party. The explanation will stay in the file for up to six years but can be removed earlier if the individual requests it.

 Last reviewed: June 2024

If there’s an error in your credit report, you can submit a written statement of 100 words or less to the reporting agency. The law requires the reporting agency to review the accuracy and completeness of the disputed information within 45 days and respond to you. The reporting agency must also add your statement of protest to all future credit reports until the disputed information is confirmed, corrected, supplemented or deleted.

After confirming, correcting, supplementing or deleting the disputed information, the reporting agency must give you with an updated credit report and share it with any party who received a report about you in the past six months, unless you request otherwise.

 Last reviewed: June 2024

If a reporting agency or any other person does not follow the rules in Alberta’s Consumer Protection Act or Credit and Personal Reports Regulation, you may be able to sue them for damages. You must prove you suffered “loss, damage or inconvenience” from the person not following the law. If you’re successful, the court can award you damages (money). You start this lawsuit in either the Alberta Court of Justice or the Court of King’s Bench of Alberta.

 Last reviewed: June 2024