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Bill 237, Fostering Privacy Fairness Act, 2021

Bailey, Robert

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Status

Debates

Acts affected

Original

Bill 237 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 237 2020

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, 2020 .

Date Bill stage Event Outcome Committee

April 20, 2021

Second Reading

Ordered referred to Standing Committee

Standing Committee on Social Policy

April 20, 2021

Second Reading

Vote

Carried

April 20, 2021

Second Reading

Debated

December 3, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

December 3, 2020

Committee

Second Reading

April 20, 2021

Mr. Robert Bailey, Ms. Teresa J. Armstrong, Ms. Donna Skelly, Ms. Marit Stiles, Hon. Jill Dunlop

Declared carried. Referred to the Standing Committee on Social Policy.

Committee

Standing Committee on Social Policy

Third Reading

Royal Assent

Acts affected - Bill 237

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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