jswizzle3737/ontario_laws_and_regs huggingface dataset:
291 (1) A service provider may use personal information collected for the purpose of providing a service, (a) for the purpose for which the information was collected or created and for all the functions reasonably necessary for carrying out that purpose, including providing the information to an officer, employee, consultant or agent of the service provider, but not if the information was collected with the consent of the individual or under clause 288 (2) (a) and the individual expressly instructs otherwise; (b) if the service provider believes on reasonable grounds that the use is reasonably necessary to assess, reduce or eliminate a risk of serious harm to a person or group of persons; (c) for a purpose for which this Act, another Act or an Act of Canada permits or requires a person to disclose it to the service provider; (d) for planning, managing or delivering services that the service provider provides or funds, in whole or in part, allocating resources to any of them, evaluating or monitoring any of them or detecting, monitoring or preventing fraud or any unauthorized receipt of services or benefits related to any of them; (e) for the purpose of risk management and error management activities; (f) for the purpose of activities to improve or maintain the quality of a service; (g) for the purpose of disposing of the information or modifying the information in order to conceal the identity of the individual; (h) for the purpose of seeking the individual’s consent, or the consent of the individual’s substitute-decision maker, when the personal information used by the service provider for this purpose is limited to the name and contact information of the individual and the name and contact information of the substitute decision-maker, where applicable; (i) for the purpose of a proceeding or contemplated proceeding in which the service provider or an officer, employee, agent or former officer, employee or agent of the service provider is, or is expected to be, a party or witness, if the information relates to or is a matter in issue in the proceeding or contemplated proceeding; (j) for research conducted by the service provider, subject to the requirements and restrictions, if any, that may be prescribed; or (k) subject to the requirements and restrictions, if any, that are prescribed, if permitted or required by law or by a treaty, agreement or arrangement made under an Act or an Act of Canada. Exception (2) Despite clause (1) (a), where the individual to whom the personal information relates expressly instructs otherwise, (a) a society may nonetheless use that personal information, (i) if it is reasonably necessary to assess, reduce or eliminate a risk of harm to a child, or (ii) for a prescribed purpose related to a society’s functions under subsection 35 (1); and (b) a service provider may nonetheless use that personal information if it is reasonably necessary to assess, reduce or eliminate a risk of serious harm to a person or group of persons.
292 (1) A service provider may, without the consent of the individual, disclose personal information about an individual that has been collected for the purpose of providing a service, (a) to a law enforcement agency in Canada to aid an investigation undertaken with a view to a law enforcement proceeding or to allow the agency to determine whether to undertake such an investigation; (b) to a proposed litigation guardian or legal representative of the individual for the purpose of having the person appointed as such; (c) to a litigation guardian or legal representative who is authorized under the Rules of Civil Procedure, or by a court order, to commence, defend or continue a proceeding on behalf of the individual or to represent the individual in a proceeding; (d) for the purpose of contacting a relative, member of the extended family, friend or potential substitute decision-maker of the individual, if the individual is injured, incapacitated or otherwise not capable; (e) for the purpose of contacting a relative, member of the extended family or friend of the individual if the individual is deceased; (f) subject to section 294, for the purpose of complying with, (i) a summons, order or similar requirement issued in a proceeding by a person having jurisdiction to compel the production of information, or (ii) a procedural rule that relates to the production of information in a proceeding; (g) if the service provider believes on reasonable grounds that the disclosure is necessary to assess, reduce or eliminate a risk of serious harm to a person or group of persons; or (h) if permitted or required by law or by a treaty, agreement or arrangement made under an Act or an Act of Canada, subject to the requirements and restrictions, if any, that are prescribed. To assess, etc. risk of harm to a child (2) A society may disclose to another society or to a child welfare authority outside Ontario personal information that has been collected for the purpose of providing a service if the information is reasonably necessary to assess, reduce or eliminate a risk of harm to a child. For a prescribed purpose related to society’s functions (3) A society may disclose personal information that has been collected for the purpose of providing a service if the information is reasonably necessary for a prescribed purpose related to a society’s functions under subsection 35 (1). Definition (4) In this section, “law enforcement” has the same meaning as in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act. Disclosure for planning and managing services, etc.
294 (1) In this section, “court” includes the Divisional Court; (“tribunal”) “record of a mental disorder” means a record or a part of a record made about an individual concerning a substantial disorder of the individual’s emotional processes, thought or cognition which grossly impairs the individual’s capacity to make reasoned judgments. (“dossier relatif à un trouble mental”) Disclosure pursuant to summons, etc. (2) A service provider shall disclose, transmit or permit the examination of a record of a mental disorder pursuant to a summons, order, direction, notice or similar requirement in respect of a matter in issue or that may be in issue in a court or other body unless a physician states in writing that the physician believes that to do so, (a) is likely to detrimentally affect the treatment or recovery of the individual to whom the record relates; or (b) is likely to result in, (i) injury to the mental condition of another individual, or (ii) bodily harm to another individual. Court or body to determine whether to disclose (3) Where the disclosure, transmittal or examination of a record of a mental disorder is required by a court or body before which a matter is in issue, the court or body shall determine whether the record referred to in the physician’s statement should be disclosed, transmitted or examined. Hearing (4) Before making a determination under subsection (3), the court or body shall give notice to the physician and, if the court or body holds a hearing to determine whether the record should be disclosed, transmitted or examined, it shall be held in the absence of the public. Matters to be considered (5) In making a determination under subsection (3), the court or body shall consider whether or not the disclosure, transmittal or examination of the record of a mental disorder referred to in the physician’s statement is likely to have a result described in clause (2) (a) or (b) and, for that purpose, the court or body may examine the record. Order (6) The court or body shall not order that the record of a mental disorder referred to in the physician’s statement be disclosed, transmitted or examined if the court or body is satisfied that a result described in clause (2) (a) or (b) is likely, unless satisfied that to do so is essential in the interests of justice. Conflict (7) Subsections (2) to (6) apply despite anything in the Personal Health Information Protection Act, 2004. Return of record to service provider (8) Where a record of a mental disorder is ordered to be disclosed, transmitted or examined under this section, the clerk of the court or body in which it is admitted in evidence or, if not so admitted, the person to whom the record is transmitted, shall return the record to the service provider as soon as possible after the determination of the matter in issue in respect of which the record was required. Consent
295 (1) If this Act or any other Act requires the consent of an individual to the collection, use or disclosure of personal information by a service provider, the consent, (a) must be a consent of the individual; (b) must be knowledgeable; (c) must relate to the information; and (d) must not be obtained through deception or coercion. Implied consent for collection and use (2) A consent to the collection and use of personal information may be implied if the collection is made directly from the individual to whom the information relates and is collected for the purpose of providing a service. Consent may be written or oral (3) A consent may be written or oral, but an oral consent may be relied on only if the service provider that obtains the consent makes a written record that sets out the following information: 1. The name of the individual who gave the consent. 2. The information to which the consent relates. 3. The manner in which the notice of purposes required by subsection (5) was provided to the individual. Knowledgeable consent (4) A consent to the collection, use or disclosure of personal information is knowledgeable if it is reasonable in the circumstances to believe that the individual to whom the information relates knows, (a) the purposes of the collection, use or disclosure; and (b) that the individual may give, withhold or withdraw consent. Notice of purposes (5) Unless it is not reasonable in the circumstances, an individual is deemed to know the purposes of the collection, use or disclosure of personal information about the individual if the service provider, (a) posts a notice describing the purposes where it is likely to come to the individual’s attention; (b) makes such a notice readily available to the individual; (c) gives the individual a copy of such notice; or (d) otherwise communicates the content of such notice to the individual. Transition (6) A consent that an individual gives, before the day that subsection (1) comes into force, to a collection, use or disclosure of personal information is a valid consent if it meets the requirements of this section for consent.
296 A consent may be withdrawn by the individual who gave the consent by providing notice to the service provider, but the withdrawal of the consent shall not have retroactive effect.
297 If an individual places a condition on their consent to the collection, use or disclosure of personal information, the condition is not effective to the extent that it purports to prohibit or restrict the making of any record of personal information by a service provider that is required by law or by established standards of professional or institutional practice.
298 A service provider that has obtained an individual’s consent to the collection, use or disclosure of personal information about the individual or who has received a copy of a document purporting to be a record of the individual’s consent, may presume that the consent fulfils the requirements of this Act and that the individual has not withdrawn it, unless it is not reasonable to do so. Capacity and Substitute Decision-Making
299 An individual is presumed to be capable, and a service provider may rely on this presumption unless the service provider has reasonable grounds to believe that the individual is not capable. Differing capacity
300 (1) An individual may be capable with respect to some parts of personal information, but incapable with respect to other parts. At different times (2) An individual may be capable at one time, but incapable at another time.
301 (1) An individual who is capable may give, withhold or withdraw consent or may, if the individual is 16 or older, authorize in writing another individual who is 16 or older and capable to be the individual’s substitute decision-maker. For child younger than 16 (2) If the individual is a child younger than 16, the child’s parent or a society or other person who is authorized to give, withhold or withdraw consent in the place of the parent may be the child’s substitute decision-maker unless the information relates to, (a) treatment about which the child has made a decision in accordance with the Health Care Consent Act, 1996; or (b) counselling to which the child has consented on their own under this Act or the old Act. Capable child prevails over substitute decision-maker (3) If the individual is a child younger than 16 who is capable and if there is a person who is authorized to act as the substitute decision-maker of the child under subsection (2), a decision of the child to give, withhold or withdraw the consent prevails over a conflicting decision by the substitute decision-maker. Person authorized under PHIPA may be substitute decision-maker (4) Where an individual is not capable of consenting to the collection, use or disclosure of personal information, a person who would be authorized to consent to the collection, use or disclosure of personal health information on the individual’s behalf under the Personal Health Information Protection Act, 2004 may be the individual’s substitute decision-maker.
303 (1) If this Part permits or requires an individual to make a request, give an instruction or take a step and a substitute decision-maker is authorized to consent or withhold or withdraw consent on behalf of the individual to the collection, use or disclosure of personal information about the individual, the substitute decision-maker may also make the request, give the instruction or take the step on behalf of the individual. References to individual read as substitute decision-maker (2) If a substitute decision-maker makes a request, gives an instruction or takes a step under subsection (1) on behalf of an individual, references in this Part to the individual with respect to the request made, the instruction given or the step taken by the substitute decision-maker shall be read as references to the substitute decision-maker, and not to the individual.
304 (1) A service provider that determines that an individual is incapable shall do so in accordance with the requirements and restrictions, if any, that are prescribed. Information about determination (2) If it is reasonable in the circumstances, a service provider shall provide, to an individual determined to be incapable, information about the consequences of the determination of incapacity, including the information, if any, that is prescribed. Review of determination (3) When a service provider determines that an individual is incapable, the individual or a prescribed person may apply to a body prescribed for the purposes of this section for a review of the determination. Review body (4) A body prescribed for the purposes of this section shall comply with the prescribed requirements and restrictions in conducting the review. Parties (5) The parties to an application made under subsection (3) are, (a) the individual or prescribed person who applied for the review of the determination; (b) the service provider who made the determination of incapacity; and (c) any other persons whom the prescribed body specifies. Powers of review body (6) A body prescribed for the purposes of this section may confirm the determination of incapacity or may determine that the individual is capable. Restriction on repeated applications (7) If a determination that an individual is incapable is confirmed on the final disposition of an application under this section, the individual shall not make a new application under this section for a determination with respect to the same or a similar issue within six months after the final disposition of the earlier application, unless the body prescribed for the purposes of this section gives leave in advance. Grounds for leave (8) The prescribed body may give leave for the new application to be made if it is satisfied that there has been a material change in circumstances that justifies reconsideration of the individual’s capacity.
306 (1) A service provider that uses personal information for the purpose of providing a service shall take reasonable steps to ensure that the information is as accurate, complete and up-to-date as is necessary for the purposes for which it uses the information. Personal information disclosed by service provider (2) A service provider that discloses personal information that has been collected for the purpose of providing a service shall, (a) take reasonable steps to ensure that the information is as accurate, complete and up-to-date as is necessary for the purposes of the disclosure that are known to the service provider at the time of the disclosure; or (b) clearly set out for the recipient of the disclosure the limitations, if any, on the accuracy, completeness or up-to-date character of the information. Record of disclosed personal information (3) A service provider that discloses personal information that has been collected for the purpose of providing a service shall record the disclosures made under the prescribed provisions in the prescribed manner.
307 A service provider shall take reasonable steps to ensure that personal information is not collected without authority.
308 (1) A service provider shall take reasonable steps to ensure that personal information that has been collected for the purpose of providing a service and that is in the service provider’s custody or control is protected against theft, loss and unauthorized use or disclosure and to ensure that the records containing the information are protected against unauthorized copying, modification or disposal. Notice of theft, loss, etc. to individual (2) Subject to any prescribed exceptions and additional requirements, if personal information that has been collected for the purpose of providing a service and that is in a service provider’s custody or control is stolen or lost or if it is used or disclosed without authority, the service provider shall, (a) notify the individual to whom the information relates at the first reasonable opportunity of the theft, loss or unauthorized use or disclosure; and (b) include in the notice a statement that the individual is entitled to make a complaint to the Commissioner under section 316. Notice to Commissioner and Minister (3) If the circumstances surrounding the theft, loss or unauthorized use or disclosure meet the prescribed requirements, the service provider shall notify the Commissioner and the Minister of the theft, loss or unauthorized use or disclosure.
309 (1) A service provider, (a) shall take reasonable steps to ensure that the records of personal information collected for the purpose of providing a service that are in its custody or control are retained, transferred and disposed of in a secure manner; and (b) shall comply with any prescribed requirements in respect of the retention, transfer and disposal of those records. Retention of records subject to access request (2) Despite subsection (1), a service provider that has custody or control of personal information that is subject to a request for access under section 312 shall retain the information for as long as necessary to allow the individual to exhaust any recourse under this Act that they may have with respect to the request.
310 (1) A service provider may disclose personal information about an individual to a potential successor of the service provider, for the purpose of allowing the potential successor to assess and evaluate the operations of the service provider, if the potential successor first enters into an agreement with the service provider to keep the information confidential and secure and not to retain any of the information longer than is necessary for the purpose of the assessment or evaluation. Transfer to successor (2) A service provider may transfer records of personal information about an individual to the service provider’s successor if the service provider makes reasonable efforts to give notice to the individual before transferring the records or, if that is not reasonably possible, as soon as possible after transferring the records. Definitions (3) In this section, “potential successor” and “successor” mean a potential successor or a successor that is a service provider or that will be a service provider if it becomes a successor.
311 (1) A service provider shall, in a manner that is practical in the circumstances, make available to the public a written statement in plain, easy-to-understand language that, (a) provides a general description of the service provider’s information practices; (b) describes how to contact the service provider; (c) describes how an individual may obtain access to or request correction of a record of personal information about the individual that is in the custody or control of the service provider; and (d) describes how to make a complaint to the service provider and to the Commissioner under this Part. Use or disclosure contrary to service provider’s information practices (2) If a service provider uses or discloses personal information about an individual, without the individual’s consent, in a manner that is outside the scope of the service provider’s description of its information practices under clause (1) (a), the service provider shall, (a) inform the individual of the uses and disclosures at the first reasonable opportunity, unless the individual does not have a right of access under section 312 to a record of the information; (b) make a note of the uses and disclosures; and (c) keep the note as part of the record of personal information about the individual that it has in its custody or under its control or in a form that is linked to that record. Individual’s Access to Personal Information
312 (1) An individual has a right of access to a record of personal information about the individual that is in a service provider’s custody or control and that relates to the provision of a service to the individual unless, (a) the record or the information in the record is subject to a legal privilege that restricts its disclosure to the individual; (b) another Act, an Act of Canada or a court order prohibits its disclosure to the individual; (c) the information in the record was collected or created primarily in anticipation of or for use in a proceeding, and the proceeding, together with all appeals or processes resulting from it, has not been concluded; or (d) granting the access could reasonably be expected to, (i) result in a risk of serious harm to the individual or another individual, (ii) lead to the identification of an individual who was required by law to provide information in the record to the service provider, or (iii) lead to the identification of an individual who provided information in the record to the service provider explicitly or implicitly in confidence if the service provider considers it appropriate in the circumstances that the identity of the individual be kept confidential. Right of access to part of record not restricted (2) Despite subsection (1), an individual has a right of access to that part of a record of personal information about the individual that can reasonably be severed from the part of the record to which the individual does not have a right of access under any of clauses (1) (a) to (d). Right of access to part of record not dedicated to provision of service (3) Despite subsection (1), if a record is not a record dedicated primarily to the provision of a service to the individual requesting access, the individual has a right of access only to the personal information about the individual in the record that can reasonably be severed from the record. Consultation regarding harm (4) Before deciding to refuse to grant an individual access to a record of personal information under subclause (1) (d) (i), a service provider may consult with a member of the College of Physicians and Surgeons of Ontario, a member of the College of Psychologists of Ontario or a member of the Ontario College of Social Workers and Social Service Workers. Informal access (5) Nothing in this Part prevents a service provider from granting an individual access to a record of personal information to which the individual has a right of access, if the individual makes an oral request for access or does not make a request for access under section 313. Service provider may communicate with individual (6) Nothing in this Part prevents a service provider from communicating with an individual or the individual’s substitute decision-maker with respect to a record of personal information to which the individual has a right of access.
313 (1) An individual may exercise a right of access to a record of personal information by making a written request for access to the service provider that has custody or control of the information. Details required (2) The request must contain sufficient detail to enable the service provider to identify and locate the record with reasonable efforts. Service provider must assist individual making request (3) If the request does not contain sufficient detail to enable the service provider to identify and locate the record with reasonable efforts, the service provider shall offer assistance to the person requesting access in reformulating the request to comply with subsection (2).
316 (1) A person who has reasonable grounds to believe that another person has contravened or is about to contravene a provision of this Part or the regulations made for the purposes of this Part may make a complaint to the Commissioner. Time for complaint (2) A complaint made under subsection (1) must be in writing and must be filed within, (a) one year after the subject-matter of the complaint first came to the attention of the complainant or should reasonably have come to the attention of the complainant, whichever is the shorter; or (b) whatever longer period of time that the Commissioner permits if the Commissioner is satisfied that it does not result in prejudice to any person. Same, refusal of request (3) A complaint that an individual makes under clause 314 (1) (c) or (d), subsection 314 (8), 315 (6) or (8) or clause 315 (12) (d) must be in writing and must be filed within six months after the service provider refused or is deemed to have refused the individual’s request.
317 (1) Upon receiving a complaint made under this Part, the Commissioner may inform the person about whom the complaint is made of the nature of the complaint and, (a) inquire as to what means, other than the complaint, that the complainant is using or has used to resolve the subject-matter of the complaint; (b) require the complainant to try to effect a settlement, within the time period that the Commissioner specifies, with the person about which the complaint is made; or (c) authorize a mediator to review the complaint and to try to effect a settlement, within the time period that the Commissioner specifies, between the complainant and the person about which the complaint is made. Dealings without prejudice (2) If the Commissioner takes an action described in clause (1) (b) or (c) but no settlement is effected within the time period specified, (a) none of the dealings between the parties to the attempted settlement shall prejudice the rights and duties of the parties under this Part; (b) none of the information disclosed in the course of trying to effect a settlement shall prejudice the rights and duties of the parties under this Part; and (c) none of the information disclosed in the course of trying to effect a settlement and that is subject to mediation privilege shall be used or disclosed outside the attempted settlement, including in a review of a complaint under this section or in an inspection under section 320, unless all parties expressly consent. Commissioner’s review (3) If the Commissioner does not take an action described in clause (1) (b) or (c) or if the Commissioner takes an action described in one of those clauses but no settlement is effected within the time period specified, the Commissioner may review the subject-matter of a complaint made under this Part if satisfied that there are reasonable grounds to do so. No review (4) The Commissioner may decide not to review the subject-matter of the complaint for whatever reason the Commissioner considers proper, including if satisfied that, (a) the person about which the complaint is made has responded adequately to the complaint; (b) the complaint has been or could be more appropriately dealt with, initially or completely, by means of a procedure, other than a complaint under this Part; (c) the length of time that has elapsed between the date when the subject-matter of the complaint arose and the date the complaint was made is such that a review under this section would likely result in undue prejudice to any person; (d) the complainant does not have a sufficient personal interest in the subject-matter of the complaint; or (e) the complaint is frivolous or vexatious or is made in bad faith. Notice (5) Upon deciding not to review the subject-matter of a complaint, the Commissioner shall give notice of the decision to the complainant and shall specify in the notice the reason for the decision. Same (6) Upon deciding to review the subject-matter of a complaint, the Commissioner shall give notice of the decision to the person about whom the complaint is made.
318 (1) The Commissioner may, on the Commissioner’s own initiative, conduct a review of any matter if the Commissioner has reasonable grounds to believe that a person has contravened or is about to contravene a provision of this Part or the regulations and that the subject-matter of the review relates to the contravention. Notice (2) Upon deciding to conduct a review under this section, the Commissioner shall give notice of the decision to every person whose activities are being reviewed.
319 (1) In conducting a review under section 317 or 318, the Commissioner may make the rules of procedure that the Commissioner considers necessary and the Statutory Powers Procedure Act does not apply to the review. Evidence (2) In conducting a review under section 317 or 318, the Commissioner may receive and accept any evidence and other information that the Commissioner sees fit, whether on oath or by affidavit or otherwise and whether or not it is or would be admissible in a court of law.
322 (1) A person affected by an order of the Commissioner made under any of clauses 321 (1) (c) to (h) may appeal the order to the Divisional Court on a question of law in accordance with the rules of court by filing a notice of appeal within 30 days after receiving the copy of the order. Certificate of Commissioner (2) In an appeal under this section, the Commissioner shall certify to the Divisional Court, (a) the order and a statement of the Commissioner’s reasons for making the order; (b) the record of all hearings that the Commissioner has held in conducting the review on which the order is based; (c) all written representations that the Commissioner received before making the order; and (d) all other material that the Commissioner considers is relevant to the appeal. Confidentiality of information (3) In an appeal under this section, the court may take precautions to avoid the disclosure by the court or any person of any personal information about an individual, including, where appropriate, receiving representations without notice, conducting hearings in private or sealing the court files. Court order (4) On hearing an appeal under this section, the court may, by order, (a) direct the Commissioner to make the decisions and to do the acts that the Commissioner is authorized to do under this Part and that the court considers proper; and (b) if necessary, vary or set aside the Commissioner’s order. Compliance by Commissioner (5) The Commissioner shall comply with the court’s order.
323 An order made by the Commissioner under this Part that has become final as a result of there being no further right of appeal may be filed with the Superior Court of Justice and on filing becomes and is enforceable as a judgment or order of the Superior Court of Justice to the same effect.
324 (1) After conducting a review under section 317 or 318 and making an order under subsection 321 (1), the Commissioner may rescind or vary the order or may make a further order under that subsection if new facts relating to the subject-matter of the review come to the Commissioner’s attention or if there is a material change in the circumstances relating to the subject-matter of the review. Circumstances (2) The Commissioner may exercise the powers described in subsection (1) even if the order that the Commissioner rescinds or varies has been filed with the Superior Court of Justice under section 323. Copy of order, etc. (3) Upon making a further order under subsection (1), the Commissioner shall provide a copy of it to the persons described in clauses 321 (3) (a) to (e) and shall include with the copy a notice setting out, (a) the Commissioner’s reasons for making the order; and (b) if the order was made under any of clauses 321 (1) (c) to (h), a statement that the persons affected by the order have the right to appeal described in subsection (4). Appeal (4) A person affected by an order that the Commissioner rescinds, varies or makes under any of clauses 321 (1) (c) to (h) may appeal the order to the Divisional Court on a question of law in accordance with the rules of court by filing a notice of appeal within 30 days after receiving the copy of the order and subsections 322 (2) to (5) apply to the appeal.
325 (1) If the Commissioner has made an order under this Part that has become final as the result of there being no further right of appeal, a person affected by the order may commence a proceeding in the Superior Court of Justice for damages for actual harm that the person has suffered as a result of a contravention of this Part or the regulations. Same (2) If a person has been convicted of an offence under this Part and the conviction has become final as a result of there being no further right of appeal, a person affected by the conduct that gave rise to the offence may commence a proceeding in the Superior Court of Justice for damages for actual harm that the person has suffered as a result of the conduct. Damages for mental anguish (3) If, in a proceeding described in subsection (1) or (2), the Superior Court of Justice determines that the harm suffered by the plaintiff was caused by a contravention or offence, as the case may be, that the defendants engaged in wilfully or recklessly, the court may include in its award of damages an award for mental anguish.
326 The Commissioner may, (a) engage in or commission research into matters affecting the carrying out of the purposes of this Part; (b) conduct public education programs and provide information concerning this Part and the Commissioner’s role and activities; (c) receive representations from the public concerning the operation of this Part; (d) on the request of a service provider, offer comments on the service provider’s actual or proposed information practices; (e) assist in investigations and similar procedures conducted by a person who performs similar functions to the Commissioner under the laws of Canada, except that in providing assistance, the Commissioner shall not use or disclose information collected by or for the Commissioner under this Part; and (f) in appropriate circumstances, authorize the collection of personal information about an individual in a manner other than directly from the individual.
327 (1) The Commissioner may in writing delegate any of the Commissioner’s powers, duties or functions under this Part, including the power to make orders, to an Assistant Commissioner or to an officer or employee of the Commissioner. Subdelegation by Assistant Commissioner (2) An Assistant Commissioner may in writing delegate any of the powers, duties or functions delegated to the Assistant Commissioner under subsection (1) to any other officers or employees of the Commissioner, subject to the conditions and restrictions that the Assistant Commissioner specifies in the delegation.
328 (1) The Commissioner and any person acting under the Commissioner’s authority may collect, use or retain personal information in the course of carrying out any functions under this Part solely if no other information will serve the purpose of the collection, use or retention of the personal information and in no other circumstances.  Extent of information (2) The Commissioner and any person acting under the Commissioner’s authority shall not in the course of carrying out any functions under this Part collect, use or retain more personal information than is reasonably necessary to enable the Commissioner to perform the Commissioner’s functions relating to this Part or for a proceeding under it. Confidentiality (3) The Commissioner and any person acting under the Commissioner’s authority shall not disclose any information that comes to their knowledge in the course of exercising their functions under this Part unless, (a) the disclosure is required for the purpose of exercising those functions; (b) the information relates to a service provider, the disclosure is made to a body that is legally entitled to regulate or review the activities of the service provider and the Commissioner or an Assistant Commissioner is of the opinion that the disclosure is justified; (c) the Commissioner obtained the information under subsection 320 (12) and the disclosure is required in a prosecution for an offence under section 131 of the Criminal Code (Canada) in respect of sworn testimony; or (d) the disclosure is made to the Attorney General, the information relates to the commission of an offence against an Act or an Act of Canada and the Commissioner is of the view that there is evidence of such an offence. Same (4) Despite anything in subsection (3), the Commissioner and any person acting under the Commissioner’s authority shall not disclose the identity of a person, other than a complainant under subsection 316 (1), who has provided information to the Commissioner and who has requested the Commissioner to keep the person’s identity confidential, unless the disclosure is necessary to comply with section 125 (duty to report child in need of protection). Information in review or proceeding (5) The Commissioner in a review under section 317 or 318 and a court, tribunal or other person, including the Commissioner, in a proceeding mentioned in section 325 or this section shall take every reasonable precaution, including, when appropriate, receiving representations without notice and conducting hearings that are closed to the public, to avoid the disclosure of any information for which a service provider is entitled to refuse a request for access made under section 313. Not compellable witness (6) The Commissioner and any person acting under the Commissioner’s authority shall not be required to give evidence in a court or in a proceeding of a judicial nature concerning anything coming to their knowledge in the exercise of their functions under this Part that they are prohibited from disclosing under subsection (3) or (4).
329 No action or other proceeding for damages may be instituted against the Commissioner or any person acting under the Commissioner’s authority for, (a) anything done, reported or said in good faith and in the exercise or intended exercise of any of their powers or duties under this Part; or (b) any alleged neglect or default in the exercise in good faith of any of their powers or duties under this Part. Prohibitions, Immunity and Offences
330 No one shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage a person by reason that, (a) the person, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that any other person has contravened or is about to contravene a provision of this Part or the regulations; (b) the person, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene a provision of this Part or the regulations; (c) the person, acting in good faith and on the basis of reasonable belief, has refused to do or stated an intention of refusing to do anything that is in contravention of a provision of this Part or the regulations; or (d) any person believes that the person will do anything described in clause (a), (b) or (c).
331 (1) No action or other proceeding for damages may be instituted against a service provider or any other person for, (a) anything done, reported or said, in good faith and reasonably in the circumstances, in the exercise or intended exercise of any of their powers or duties under this Part; or (b) any alleged neglect or default that was reasonable in the circumstances in the exercise in good faith of any of their powers or duties under this Part. 2017, c. 14, Sched. 1, s. 331 (1). Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 2017, c. 14, Sched. 1, s. 331 (2); 2019, c. 7, Sched. 17, s. 44 (2). Substitute decision-maker (3) A person who, on behalf of or in the place of an individual, gives, withholds or withdraws consent to a collection, use or disclosure of personal information about the individual, or makes a request, gives an instruction or takes a step is not liable for damages for doing so if the person acts reasonably in the circumstances, in good faith and in accordance with this Part and the regulations. 2017, c. 14, Sched. 1, s. 331 (3). Reliance on assertion (4) Unless it is not reasonable to do so in the circumstances, a person is entitled to rely on the accuracy of an assertion made by another person, in connection with a collection, use or disclosure of, or access to, the information under this Part, to the effect that the other person, (a) is a person who is authorized to request access to a record of personal information under subsection 313 (1); or (b) is a person who is authorized under subsection 301 (1), (2) or (4) to consent to the collection, use or disclosure of personal information about another individual. 2017, c. 14, Sched. 1, s. 331 (4). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 44 (2) - 01/01/2020
333 (1) The Child and Family Services Review Board is continued under the name Child and Family Services Review Board in English and Commission de révision des services à l’enfance et à la famille in French. Composition and duties (2) The Board is composed of the prescribed number of members appointed by the Lieutenant Governor in Council and has the powers and duties given to it by this Act and the regulations. Chair and vice-chairs (3) The Lieutenant Governor in Council may appoint a member of the Board as chair and may appoint one or more other members as vice-chairs. Quorum (4) The prescribed number of members of the Board are a quorum. Remuneration (5) The chair and vice-chairs and the other members of the Board shall be paid the remuneration determined by the Lieutenant Governor in Council and are entitled to their reasonable and necessary travelling and living expenses while attending meetings or otherwise engaged in the work of the Board.
334 The Lieutenant Governor in Council may, by regulation, require the following persons to provide a police record check concerning the person to any other person or body in accordance with the regulations: 1. A person who provides or receives services under this Act. 2. A person residing, employed or volunteering in premises where services are provided or received under this Act. 3. Such other persons who may be prescribed.
335 A society may, in prescribed circumstances or for a prescribed purpose, ask the Ontario Provincial Police, a municipal police force or a prescribed entity for police record checks or other prescribed information.   Note: On a day to be named by proclamation of the Lieutenant Governor, section 335 of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 4) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 5 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 4 - not in force
336 (1) The Minister shall periodically conduct a review of this Act or those provisions of it specified by the Minister. Beginning of review (2) The Minister shall inform the public when a review under this section begins and what provisions of this Act are included in the review. Consultation with children and young persons (3) The Minister shall consult with children and young persons when conducting a review under this section. Written report (4) The Minister shall prepare a written report, in plain language, respecting the review, including the matters described in sections 337 and 338, and shall make that report available to the public. Period for review (5) The first review shall be completed and the report made available to the public within five years after the day this section comes into force. Subsequent reviews (6) Each subsequent review shall be completed and the report made available to the public within five years after the day the report on the previous review has been made available to the public.
337 Every review of this Act shall address the rights of children and young persons in Part II.
338 Every review of this Act shall address the following matters: 1. The additional purpose of the Act described in paragraph 6 of subsection 1 (2), with a view to evaluating the progress that has been made in working with First Nations, Inuit and Métis peoples to achieve that purpose. 2. The provisions imposing obligations on societies when providing services to a First Nations, Inuk or Métis person or in respect of First Nations, Inuit or Métis children, with a view to ensuring compliance by societies with those provisions. Part xii   regulations General
340 The Lieutenant Governor in Council may make regulations for the purposes of Part II, 1. governing how the rights of children and young persons in this Act are to be respected and promoted by service providers; 1.1 prescribing a person or entity to perform prescribed functions relating to the promotion of the rights of children and young persons in this Act; 2. prescribing intervals for the purpose of section 9; 3. governing internal complaints procedures to be established under section 18; 4. establishing procedures for reviews under section 19; 5. prescribing an alternative dispute resolution method for the purpose of subsection 17 (1) and an alternative dispute resolution process other than the one established by the bands and communities referred to in subsection 17 (2) for the purpose of that subsection. 2017, c. 14, Sched. 1, s. 340; 2018, c. 17, Sched. 34, s. 6 (8). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 34, s. 6 (8) - 01/05/2019 Regulations: Part III (Funding and Accountability)