- 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.
4. Lead agencies are designated by the Minister under section 30 of the CYFSA. O. Reg. 155/18, ss. 24-25, establishes child and youth mental health as a category of lead agencies and sets out their functions.
5. “Minister” is defined by the CYFSA as “the Minister of Children and Youth Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act”. In June 2018, an order in council under the Executive Council Act transferred the powers and duties of the Minister of MCYS to the new Minister of Children, Community and Social Services.
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