- 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
Does Part X of the CYFSA apply to you?
Two questions will help determine whether and to what extent Part X applies to your organization:Are you a service provider? If so, are you already subject to other privacy laws?
Are you a service provider?
A service provider3 under Part X of the CYFSA is:
- a person or entity that provides a service funded under the CYFSA (children’s aid societies, including Indigenous child well-being societies, are one example)
- a licensee, meaning the holder of a licence under Part VIII of the CYFSA (Adoption Licensing) or Part IX (Residential Licensing)
- a lead agency4
- the Minister of Children, Community and Social Services5
- any additional person or entity6 prescribed through a regulation
While a licensed operator of foster homes is defined as a service provider, a foster parent is not.