c) What does collected for or relating to the provision of a service mean?

For Part X to apply, the personal information must be collected for or related to the provision of a service. Part X defines service as a program or service that is provided or funded under the CYFSA or provided under the authority of a licence.15 It includes services for children and their families related to:

  • child protection
  • residential care
  • community support and prevention
  • physical or mental disabilities
  • mental health
  • adoption
  • services or programs under the Youth Criminal Justice Act or Provincial Offences Act16

Generally speaking, personal information that is not collected for or related to the provision of a service under the CYFSA is not covered by the core Part X rules for collection, use, disclosure, access, and correction. For example, this could include certain human resources records or records related to programs that are not provided or funded under the CYFSA.

A community organization is funded by the Ministry of Children, Community and Social Services to offer youth support services under the CYFSA. The agency also offers other programs including social programs for seniors. To what extent does Part X apply?

  • Because it provides a service funded under the CYFSA, the organization fits the definition of a “servicer provider,” and Part X will apply to some of its records.
  • However, the agency’s seniors’ programs are not provided or funded under the CYFSA. Part X will not apply to the organization’s collection, use and disclosure of information for its seniors’ programs, because Part X only applies to records related to the provision of a service under the CYFSA.

 

15. CYFSA, s. 281
16. CYFSA, s. 2(1)