Disclosure of Personal Information to Prescribed Entities under Part X (Personal Information) of the Child, Youth & Family Services Act, 2017 (CYFSA)
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Decision:
Regulation in force on January 1, 2020.
Analysis of Regulatory Impact:
As part of its obligations under the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), the ministry has conducted the Regulatory Impact Analysis (RIA) to identify incremental direct compliance costs, including administrative costs, to for-profit child and youth service providers (businesses). Under the RRCBA, the ministry is required to report on total incremental administrative costs to businesses. The majority of child and youth service providers subject to the CYFSA are not-for-profit service providers and are not included in this analysis.
The proposed regulatory provisions identified in this posting fall under the Part X (Personal Information) LGIC regulation (O. Reg. 191/18). Total annual incremental administrative costs to businesses associated with the Part X (Personal Information) LGIC regulation as a whole are estimated to be $180,000.
December 4, 2017
Summary of Proposal:
Overview of Part X:
The CYFSA received Royal Assent on June 1, 2017. Part X of the Act establishes a new personal information privacy framework for the sector which includes new:
•Rules for the collection, use, and disclosure of clients' personal information by service providers under the Act.
•Rights for children, youth and family members to access and correct their personal information held by those service providers.
•Ministry authority to collect data and information, including personal information from clients and service providers, for purposes such as monitoring and oversight, research, evaluation and system planning.
MCYS funds and/or licenses a variety of service providers to provide services across the child and youth sector. Some of these service providers are governed by the Freedom of Information and Protection of Privacy Act (FIPPA), the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), or the Personal Health Information Protection Act (PHIPA). However, many MCYS-funded service providers are currently not governed by any legislation that sets rules for the handling or sharing of personal information (e.g. Children's Aid Societies). Part X fills the 'legislative gap' in the child and youth service sector by providing consistent protections and rights for children, youth, and families related to their personal information.
Policy Intent in Legislation:
In general, Section 293 of Bill 89 establishes authorities for service providers to disclose personal information (PI) to prescribed entities for the purpose of planning and managing services if they meet certain requirements.
Section 293 aims to:
•Improve use of and access to high quality data for planning and service management allowing for the monitoring of outcomes for children, youth and families.
•Leverage the role, capacity and expertise of prescribed entities to support the planning for and management of services.
•Protect the privacy of PI by prescribing requirements and restrictions related to the disclosure of PI.
Policy Intent of Regulation:
Policy intent of the regulation is to allow for service providers to disclose personal information for planning and managing services to the following entities:
•Institute of Clinical Evaluative Sciences (ICES)
•Canadian Institute for Health Information (CIHI)
ICES and CIHI are prescribed entities under PHIPA regulation section 18(1) for planning and managing service purposes. Naming ICES and CIHI in regulation would support current and future work related to planning and managing services in the child and youth sector.
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
January 1, 2020