- 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
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
- 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?