CYFSA Decision 25

Collection
Child, Youth, and Family Information and Privacy
Date
File Numbers
FA22-00013
Adjudicators
Chris Anzenberger
Decision Type
Decision
Applicable Legislation
O. Reg. 158/18: Adoption Information Disclosure - 2(1)
Child, Youth, and Family Services Act - s. 2
Child, Youth, and Family Services Act - s. 34(1)
Child, Youth, and Family Services Act - s. 281
Child, Youth, and Family Services Act - s. 285(4)
Child, Youth, and Family Services Act - s. 313
Child, Youth, and Family Services Act - s. 314
O. Reg. 158/18: Adoption Information Disclosure - 8
O. Reg. 158/18: Adoption Information Disclosure - 9

An adopted person made a request to the Children’s Aid Society of the District of Thunder Bay under Part X of the Child, Youth and Family Services Act, 2017 for access to information from her adoption file, including a copy of her birth registration. The society provided partial access to information from the requester’s adoption file, disclosing all information except for identifying information of individuals other than the requester. The society did not locate a birth registration in its records, and the requester was not satisfied with its search efforts.

In this decision, the adjudicator finds that the adoption file is excluded from the scope of the Act because of section 285(4)(a), which excludes information that relates to an adoption. As a result, Part X of the Act does not apply to the withheld information, and she does not have a right of access to it under the Part X of the Act. The adjudicator also finds that because the adoption file is excluded from the Act, he cannot review the society’s search efforts.