Privacy - Re: Medical Information (CFSRB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1779
Page Categories:	CFSRB
Citation:	Privacy - Re: Medical Information (CFSRB), CLNP 1779, <4H>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2021/11/16

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Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1

35 (1) The functions of a children’s aid society are to,

(a) investigate allegations or evidence that children may be in need of protection;

(b) protect children where necessary;

(c) provide guidance, counselling and other services to families for protecting children or for the prevention of circumstances requiring the protection of children;

(d) provide care for children assigned or committed to its care under this Act;

(e) supervise children assigned to its supervision under this Act;

(f) place children for adoption under Part VIII (Adoption and Adoption Licensing); and

(g) perform any other duties given to it by this Act or the regulations or any other Act.

(2) A society shall,

(a) provide the prescribed standard of services in its performance of its functions; and

(b) follow the prescribed procedures and practices.

...

286 A service provider shall not collect personal information about an individual for the purpose of providing a service or use or disclose that information unless,

(a) the service provider has the individual’s consent under this Act and the collection, use or disclosure, to the best of the service provider’s knowledge, is necessary for a lawful purpose; or

(b) the collection, use or disclosure without the individual’s consent is permitted or required by this Act.

287 (1) A service provider shall not collect personal information for the purposes of providing a service or use or disclose that personal information if other information will serve the purpose of the collection, use or disclosure.

(2) For the purposes of providing a service, a service provider shall not collect, use or disclose more personal information than is reasonably necessary to provide the service.

(3) This section does not apply to personal information that a service provider is required by law to collect, use or disclose.

...

288 (1) A service provider may collect personal information indirectly for the purpose of providing a service if the individual to whom the information relates consents to the collection being made indirectly.

(2) A service provider may collect personal information indirectly for the purpose of providing a service and without the consent of the individual to whom the information relates if,

(a) the information to be collected is reasonably necessary to provide a service or to assess, reduce or eliminate a risk of serious harm to a person or group of persons and it is not reasonably possible to collect personal information directly from the individual,

(i) that can reasonably be relied on as accurate and complete, or

(ii) in a timely manner;

(b) the information is to be collected by a society from another society or from a child welfare authority outside of Ontario and the information is reasonably necessary to assess, reduce or eliminate a risk of harm to a child;

(c) the information is to be collected by a society and the information is reasonably necessary for a prescribed purpose related to a society’s functions under subsection 35 (1);

(d) the indirect collection of information is authorized by the Commissioner; or

(e) subject to the requirements and restrictions, if any, that are prescribed, the indirect collection of information is permitted or required by law or by a treaty, agreement or arrangement made under an Act or an Act of Canada.

289 A service provider may collect personal information directly from the individual to whom the information relates, even if the individual is not capable, if,

(a) the collection is reasonably necessary for the provision of a service and it is not reasonably possible to obtain consent in a timely manner;

(b) the collection is reasonably necessary to assess, reduce or eliminate a risk of serious harm to a person or group of persons; or

(c) the service provider is a society and the information is reasonably necessary to assess, reduce or eliminate a risk of harm to a child.

...

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.

(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.

...

307 A service provider shall take reasonable steps to ensure that personal information is not collected without authority.

Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A

23 (1) If this Act or any other Act refers to a consent required of an individual to a collection, use or disclosure by a health information custodian of personal health information about the individual, a person described in one of the following paragraphs may give, withhold or withdraw the consent:

1. If the individual is capable of consenting to the collection, use or disclosure of the information,

i. the individual, or

ii. if the individual is at least 16 years of age, any person who is capable of consenting, whom the individual has authorized in writing to act on his or her behalf and who, if a natural person, is at least 16 years of age.

2. If the individual is a child who is less than 16 years of age, a parent of the child or a children’s aid society or other person who is lawfully entitled to give or refuse consent in the place of the parent unless the information relates to,

i. treatment within the meaning of the Health Care Consent Act, 1996, about which the child has made a decision on his or her own in accordance with that Act, or

ii. counselling in which the child has participated on his or her own under the Child, Youth and Family Services Act, 2017.