Part X (Personal Information)

What is Part X?

Part X is a new section of the Child, Youth and Family Services Act. It sets out a legislative privacy framework for Ontario’s child and youth sector. Once it comes into effect on January 1, 2020, it will establish new rules for the collection, use, and disclosure of, and access to, personal information held by ministry-funded and licensed service providers.

What are the benefits of Part X?

Part X outlines:

  • New privacy rights for clients.
  • New obligations for service providers.
  • Clarified authorities for the ministry for using personal information for research and service system planning, and
  • Provides oversight by the Information and Privacy Commissioner.

For clients, Part X will provide:

  • The right to request access and correction to their records of personal information.
  • More control over how their personal information is shared among service providers, with the ability to provide consent based on capacity, not age.
  • The right to a complaints process and an independent review mechanism related to the collection, use and sharing of personal information, and
  • More transparency in how their personal information is handled by service providers.

Under Part X, service providers will have:

  • Clear rules for collecting, using and sharing clients’ personal information.
  • Requirements to protect clients’ privacy.
  • Requirements for improved transparency and accountability (e.g. breach notifications).
  • Oversight from the Information and Privacy Commissioner with respect to how service providers handle and share clients’ personal information.

For the ministry, Part X will include:

  • Clarified authority to access, use and share data including personal information, for system planning, managing, evaluating, and delivering ministry-funded or provided services.
  • Requirements to protect privacy when collecting, using or disclosing personal information.

Why does the child and youth sector need Part X?

Currently legislation about privacy in the child, youth and family service sector is complex. This results in inconsistencies and a lack of clarity around information sharing and privacy rights and protections. Some agencies are governed by the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act. Further, some programs are governed by the Personal Health Information Protection Act (e.g. mental health, complex special needs). However, some ministry-funded agencies (e.g. Children’s Aid Societies) are currently not governed by legislation that sets rules for the collection and handling of clients’ personal information.

When it comes into force in January 1, 2020, Part X will fill the ‘legislative gap’ in the child and youth service sector. It will provide more consistent protections and rights for children, youth, and families related to their personal information. Part X will not replace privacy provisions in existing legislation currently governing ministry service providers.

Who does Part X affect?

Part X applies to service providers funded or licensed by the ministry and are not already subject to existing privacy legislation (e.g. the health sector, government institutions, and youth justice).

When does Part X come into effect?

Part X was proclaimed on April 30, 2018; however, the effective date for Part X will be January 1, 2020. As this new privacy framework represents broad changes for the sector, the later effective date will give the sector time to adapt or implement processes and procedures to follow Part X requirements, and obligations.

Where can I get more information about Part X?

For general inquiries about the Act, please contact the Ministry of Children and Youth Services at cyfsa@ontario.ca

For information about Part X oversight, or general privacy inquiries, you can contact the Office of the Information and Privacy Commissioner by email at info@ipc.on.ca, by phone at 416-326-3333, or on their website at www.ipc.on.ca

You can also access e-Laws to view the legislation and regulation: