- 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
Terms used in this guide
CYFSA – Child, Youth and Family Services Act
The CYFSA is an Ontario law that governs certain programs and services for children, youth, and families. The CYFSA is divided into parts, and it is Part X of the CYFSA that is the subject of this guide. Part X sets the rules that service providers must follow to protect privacy and enable access to records of personal information.
IPC – Information and Privacy Commissioner of Ontario
The Office of the Information and Privacy Commissioner is the oversight body for Part X of the CYFSA. The commissioner is appointed by and reports to the Legislative Assembly of Ontario and is independent of the government of the day. The IPC is the author of this guide.
Other privacy legislation:
FIPPA – Freedom of Information and Protection of Privacy Act
MFIPPA – Municipal Freedom of Information and Protection of Privacy Act
PHIPA – Personal Health Information Protection Act
These are three other Ontario privacy laws overseen by the IPC. These laws impact some service providers, and not others. They are not the subject of this guide but are discussed in the introduction.
Personal information means recorded information about an identifiable individual.
When a service provider is collecting information, personal information also includes information that is not recorded. See the full definition and discussion.
Part X of the CYFSA introduces requirements for “service providers,” which is defined to include persons or entities that provide services funded under the CYFSA, or under the authority of a licence under the CYFSA. See the full definition.
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