Proposed changes to the Child, Youth and Family Services Act, 2017 to enhance Privacy Protection for Children and Youth with former child welfare involvement

Regulation Number(s):
Instrument Type:
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Proposal:
The Child, Youth and Family Services Act, 2017 (CYFSA) does not explicitly restrict access or disclosure of personal information that is held by a society or service provider once a child or youth is no longer eligible to receive child welfare services. As a result, these records can be accessed by authorized personnel on child welfare databases after the child or youth has stopped receiving child welfare services.

The ministry is proposing legislative amendments to the CYFSA that would restrict access and disclosure of records held by a society and a few select service providers, including the addition of regulation making authority. Exceptions to these restrictions include: when the individual requests access to their file; the ministry requires access for research, compliance, planning and the delivery of services; finally as set out in regulations.
Analysis of Regulatory Impact:
While the proposal is intended to enhance privacy protection for children and youth who had previous child welfare involvement, there will be financial, operational, and technological impacts on the child welfare sector.

The proposal will have impacts for how societies access information to perform some of their regular functions, which is why the ministry is committed to engaging with the child welfare sector and stakeholders to develop regulations that include considerations of operational concerns and administrative burdens.

The ministry is seeking comments and feedback from the child welfare sector and stakeholders regarding the potential implications. In addition, the ministry will conduct engagements with the sector to understand potential implications and get feedback on regulation development.
Further Information:
Proposal Number:
Posting Date:
April 17, 2024
Comments Due Date:
May 17, 2024
Contact Address:
CYFSA Review
Ministry of Children, Community and Social Services
CYFSA Review Project,
2 Bloor St West, 30th Floor
Toronto, Ontario M7A 2T2