- Download the Guide
- Ontario’s Access and Privacy Legislation
- Collecting personal information
- Are school boards limited in the amount or kind of personal information they may collect?
- Does a school board need consent to collect personal information about a student?
- When can a school board collect personal information indirectly?
- Does a school board need to give notice that it is collecting personal information?
- What are the rules for collecting, using, disclosing and requiring the production of Ontario Education Numbers?
- Using and disclosing personal information
- Consent to collect, use and disclose personal information
- Safeguarding and retaining information
- Access to information
- How do students and parents access personal information?
- Do individuals have a right to access general records from a school board?
- Do students need to reach a certain age before they can exercise their access rights?
- How does a child’s age affect the parent’s right of access to personal information?
- Do non-custodial parents have a right to access a child’s school records?
- Correction of Personal Information
- Special Topics
Do non-custodial parents have a right to access a child’s school records?
Under the Education Act a parent or guardian of a child under the age of 18 is entitled to examine the OSR. This applies to custodial parents and non-custodial parents with access rights.73
Under MFIPPA, a non-custodial parent does not have the right to access personal information on behalf of their child in the way that a custodial parent does.74 However, the act allows for disclosure where an Ontario or Canadian law expressly authorizes it. The provincial Children’s Law Reform Act75 and the federal Divorce Act76 both indicate that a non-custodial parent who has access to a child has the right to make inquiries and to be given information concerning the child’s health, education and welfare. The IPC has decided that these provisions allow non-custodial parents with access to their child to request and receive the child’s education-related personal information under MFIPPA.77 This applies to information in the OSR as well as information that is not in the OSR.
73. See IPC Order MO-2853
74. MFIPPA, s. 54(c) gives this right only to individuals who have lawful custody of the child under age 16.
75. Children’s Law Reform Act, s. 20(5)
76. Divorce Act, s. 16(5)
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