- Download the Part X guide
- Terms used in this guide
- Does Part X of the CYFSA apply to you?
- Collection, use, and disclosure of personal information
Consent and capacity
- Elements of consent
- Consent may be implied in some cases
- Consent may be written or verbal
- Presumption of consent’s validity
- Conditional consent and withdrawal of consent
- Capacity to consent
- Substitute decision-makers
- Safeguarding and managing personal information
Access to records of personal information
- Individual’s right of access
- Access exceptions
- Is the record dedicated primarily to the provision of service to the individual?
- How are access requests made?
- Service provider’s response to access requests
- Substitute decision-makers can request access
- Correction of records
- Offences and immunity
- The role of the Information and Privacy Commissioner
Disclosure to successors and for planning and managing services
There are special rules for disclosing personal information to a successor, such as another service provider that is taking over the delivery of services to your clients.50 These rules might apply, for example, when two children’s aid societies are amalgamating or when a new Indigenous child well-being society is designated to serve Indigenous children within an area currently served by another society. They might also apply when a community organization is ceasing operations and another service provider plans to take over some of its services.
After entering into an agreement with a potential successor to keep the personal information confidential and secure and not to retain it longer than necessary, you may disclose personal information to them, without consent, to allow them to assess and evaluate your operations.
Before you transfer records to your successor, you must make reasonable efforts to notify the individuals whose records will be transferred.51
Note that a singular transfer of a specific file, such as where a client moves and their file is transferred from one service provider to another, would likely not fall within the successor provisions. In such instances, the file could be disclosed with consent or where permitted by Part X.52
Finally, service providers can disclose personal information for purposes such as planning services, managing services, and research. Service providers may disclose personal information to:
- the Minister of Children, Community and Social Services for certain purposes, including determining compliance with the CYFSA, and improving the quality of services53
- prescribed entities for analysis or compiling statistics for planning, managing and evaluating services, if certain conditions are met54
- Two entities that are currently prescribed for this purpose are the Canadian Institute for Health Information and the Institute for Clinical Evaluative Sciences.
- a First Nations, Inuit or Métis person or entity, for analysis or compiling statistics for planning, managing and evaluating services.55 Certain conditions apply, including that the personal information to be disclosed must relate to First Nations, Inuit or Métis individuals.