d) Exceptions

In general, Part X applies to personal information in the custody or control of a service provider that relates to the provision of a service under the CYFSA. However, there are exceptions.17 Most of Part X does not apply to:

  • the use or disclosure of adoption information by a licensee or children’s aid society, once the adoption is finalized18
  • records in the Child Abuse Register19
  • records subject to court-ordered production to a children’s aid society20
  • court-ordered assessment reports related to potential admission of a child to secure treatment, where the court has made an order to withhold all or part of the report from the child21

Service providers should also be aware of confidentiality provisions in other parts of the CYFSA which prevail over Part X, including rules against publicly identifying children and families who participate in child protection hearings.22

Finally, it is important to note that where federal laws such as the Criminal Code or Youth Criminal Justice Act prohibit disclosure of personal information, they prevail over Part X. This means that service providers cannot disclose information under Part X if the YCJA or another federal law prohibits the disclosure.

 

An adoption practitioner is licensed by the Ministry of Children, Community and Social Services to provide private adoption services under the CYFSA, including assessing potential adoptive parents. Does Part X apply to this practitioner?

  • Yes, as a licensee under the CYFSA, the practitioner is a “service provider” covered by Part X.
  • However, the CYFSA establishes rules for the confidentiality of adoption information after an adoption order is made and these rules prevail over most of Part X.  This means that if a person wanted access to information about their finalized adoption, it would be other legislation, and not Part X, which would guide this process.

 

17. CYFSA, s. 285 (4-5)
18. The collection, use, or disclosure of adoption information given to a designated custodian or other persons also falls outside of most of Part X. See CYFSA, ss. 224, 225, 227 and 285(4). The rules for disclosure of information about adoptions are found in O. Reg. 158/18 under the CYFSA, and the Vital Statistics Act. 
19. See CYFSA, s. 133. Note that the Child Abuse Register is to be repealed on a date to be proclaimed.
20. See CYFSA, ss. 130(6) and (8)
21. See CYFSA, ss. 163(6) and 285(5)
22. CYFSA, s. 282; See CYFSA s. 87 (8-10)