Mortgage Broker is the magazine of the Canadian Mortgage Brokers Association and showcases the multi-billion dollar mortgage-broking industry to all levels of government, associated organizations and other interested individuals.
Issue link: http://digital.canadawide.com/i/453667
MortgageBroker mbabc.ca winter 2015 | 15 letters to the editor Reply: ank you for your question Jean Yves. Licensing reciprocity rules enable "backdooring" so that B.C. residents can obtain B.C. mortgage broker registration by qualifying in Ontario and then applying for a reciprocal license in B.C. We believe that the qualification requirements in provinces such as British Columbia and Alberta are higher than in Ontario – this is evidenced by the practice you describe. We have raised our concerns with the BC government and understand that regulators through the Mortgage Brokers Regulators' Council of Canada ( MBRCC) are examining the question of interprovincial education standards. Backdooring makes it essential for the B.C. regulator to protect mortgage consumers through continuing education requirements and the post registration enforcement of rules. Information on borrowers A special constable with the Ministry of Social Development is looking for information about one of my borrowers. e special constable advises that: As per our telephone conversation, I would like to meet with you this Wednesday with respect to a criminal investigation I am conducting involving your borrower. I want to make it clear that at this point it is an allegation only. e purpose of this meeting would be to discuss with you the details of the Mortgage Application involving the borrower. As a result of a Production Order issued by a Judge, I obtained certified copies of her Mortgage Application and associated documents from the lender. I want to show this documentation to you and confirm the information contained in this documentation and confirm the mortgage application process. I am requesting this interview pursuant to Section 18 of the BC Personal Information Protection Act ( PIPA). is Act allows a business to disclose to a law enforcement agency to assist in an investigation. If you have any questions or concerns do not hesitate to contact me directly via e-mail or telephone. It looks fairly straight forward. Please let me know if it is OK to proceed? Vic Hamilton Sr. Broker/Manager Bayfield Mortgage Reply: It appears the Special Provincial Constable is requesting the information: · As a representative of a public body or law enforcement agency in Canada; and · To assist in an investigation. Section18(1)(j) of the Personal Information Protection Act (the specific subsection on which the Special Constable appears to be relying) allows the disclosing of personal information if the above two points are made out and the investigation is: · To determine whether an offence has taken place; or · To prepare for the laying of a charge or the prosecution of the offence. I would ask the Special Constable to confirm that the purpose of the investigation is one of these two stated purposes. Prevention and Loss Management Services may investigate not only for one of these two purposes but for a number of other purposes as well. I would suggest you make clear that you are not trying to be difficult but want to be satisfied that the prerequisites are in place to prevent you from breaching privacy laws. Please send letters to the editor to: editor@mbabc.ca