Privacy - Re: Medical Information (CFSRB)

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

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.