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Bill 119, Fostering Privacy Fairness Act, 2022

Bailey, Robert

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Status

Debates

Acts affected

Original

Bill 119 Original (PDF)

EXPLANATORY

NOTE

Currently,

sections 56, 57 and 58 of the Child, Youth and Family

Services Act, 2017 require every service provider and lead agency to

provide prescribed reports and information to the Minister and to the

prescribed entities, and to make prescribed information available to the

public. The Act is amended to provide that, despite those sections, no service

provider or lead agency may provide or disclose to any person information,

including personal information, about an individual who received services under

the Act who is 21 or older that identifies the individual, or any report that

contains such information. Such information and reports may however be

disclosed to the individual or on the consent of the individual or if the

disclosure is ordered by a court.

The

Act is also amended to require the Minister to ensure that, promptly after an individual

turns 21, any such information or reports that are in the possession of the

Ministry, a service provider, lead agency or the Child Protection Information

Network be removed from their possession and stored in accordance with the

regulations.

Bill 119 2022

Act to amend the Child, Youth and Family Services Act, 2017

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Child, Youth and Family Services Act, 2017 is

amended by adding the following section:

disclosure after individual turns 21

58.1

(1) Despite

sections 56, 57 and 58, no service provider or lead

agency shall provide the following, or disclose the following, to any

person:

1. Information,

including personal information, about an individual who received services under

this Act and who is 21 or older that identifies the individual.

2. A

report that contains information, including personal information, about an individual

who received services under this Act and who is 21 or older that identifies the

individual.

3. Any

information or report that refers to an individual who received services under

this Act and who is 21 or older that identifies the individual.

Exception

(2) Despite

subsection (1), the information and reports described in paragraphs 1 and 2 of

subsection (1) may be disclosed,

(

a) if

the disclosure is made to the individual;

(

b) if

the individual consents to the disclosure; or

(

c) if

the disclosure is ordered by a court.

Removal

of information

(3) The

Minister shall ensure that, promptly after an individual turns 21, any information

or reports described in paragraph 1, 2 or 3 of subsection (1) that are in the

possession of any of the following entities be removed from their possession

and stored in accordance with the regulations:

1. The

Ministry.

2. A

service provider or lead agency.

3. The

Child Protection Information Network.

Subsection 341 (1) of the Act is amended by adding the following paragraph:

12.1 governing

the storage of information and reports referred to in subsection 58.1 (3);

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Fostering Privacy

Fairness Act, 2022 .

Date Bill stage Event Outcome Committee

April 14, 2022

First Reading

Vote

Carried

Debates and Progress

First Reading

April 14, 2022

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 119

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Child, Youth and Family Services Act, 2017

Legislative Assembly of Ontario

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