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The Incredible Disappearing Law

January 7, 2012 permalink

The Child and Family Services Act has a section for parents and children to access the records in their own case. Read it in the expand block.

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Access to Records

Right of access to personal records

184.(1)Subject to subsection (2) and section 185, a person who is twelve years of age or older has a right to and shall on request be given access to,

(a) his or her own records;

(b) the records of his or her child who is under the age of sixteen years; and

(c) the records of a child who is in his or her lawful custody or charge and is under the age of sixteen years.

Exception: child’s counselling records

(2)Clauses (1) (b) and (c) do not apply to a record created in connection with the provision of counselling services to a child under section 28 of Part II (Voluntary Access to Services), which may be disclosed to the child’s parent only with the child’s written consent.

Restriction by parent, etc.

(3)Any parent of a child, if the child is under the age of sixteen years, may designate specific information that is contained in the child’s record and relates to the parent as information that shall not be disclosed to the child, and the service provider shall not disclose the designated information to the child.

Child’s access to own records

(4)The consent of a child’s parent is not required for the child’s access to a record under subsection (1).

Proclamation

(5)This section shall come into force on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. C.11, s. 184.

Where access may be refused

185.(1)A service provider may refuse to give a person referred to in subsection 184 (1) access to all or part of his or her record where the person is a child under the age of sixteen years and the service provider is of the opinion that access to all or part of the record would cause the child physical or emotional harm.

Information that may be withheld

(2)A service provider may withhold from a person referred to in subsection 184 (1) the name of another person and other information relating to that other person where the service provider is of the opinion that disclosure is likely to result in physical or emotional harm to that other person.

Idem: informants

(3)A service provider may withhold from a person referred to in subsection 184 (1) the name of an individual who has provided information in the person’s record but is not engaged in providing services.

Idem: assessments

(4)A service provider may withhold from a person referred to in subsection 184 (1) the contents of a medical, emotional, developmental, psychological, educational or social assessment performed by a person who is not employed by the service provider, but may not withhold that person’s name.

Proclamation

(5)This section shall come into force on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. C.11, s. 185.

Duty of service provider

186.(1)Where a person referred to in subsection 184 (1) requests access to a record, the service provider shall, within thirty days of receiving the request,

(a) give the person access to the record;

(b) notify the person that the service provider refuses to give him or her access to part of the record, stating the reasons for the refusal, and give the person access to the rest of the record;

(c) notify the person that the service provider refuses to give him or her access to the record, stating the reasons for the refusal; or

(d) notify the person that this Part does not apply to the record or that the record does not exist, if that is the case.

Notice of right of review

(2)A notice of a refusal of access under clause (1) (b) or (c) shall contain a statement of the person’s right to request a review of the matter under subsection 188 (1).

Proclamation

(3)This section shall come into force on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. C.11, s. 186.

Right to have record corrected

187.(1)A person who has a right to access to a record under subsection 184 (1) also has a right to have errors or omissions in the record corrected.

Duty of service provider

(2)Where a person referred to in subsection (1) requests that a service provider correct an error or omission in a record, the service provider shall, within thirty days of receiving the request,

(a) make the correction as requested, and give notice of the correction to every person to whom the service provider has disclosed the record;

(b) notify the person that the service provider refuses to make the correction as requested, stating the reasons for the refusal, and note the request and response on the record; or

(c) notify the person that this Part does not apply to the record or that the record does not exist, if that is the case.

Notice of right of review

(3)A notice of a refusal to make a correction under clause (2) (b) shall contain a statement of the person’s right to request a review of the matter under subsection 188 (1).

Proclamation

(4)This section shall come into force on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. C.11, s. 187.

Review

Right to review: refusal of access or correction

188.(1)A person referred to in subsection 184 (1) or 187 (1) whose request for access to or correction of a record is refused in whole or in part may, within twenty days of receiving notice of the refusal, request that the Board review the matter.

Idem: unauthorized disclosure

(2)A person who believes that a service provider may have disclosed his or her record without authority may, within twenty days of becoming aware of the possible unauthorized disclosure, request that the Board review the matter.

Duty of Board

(3)Where the Board receives notice of a request for review under subsection (1) or (2), it shall review the matter, following the prescribed procedures, and may do so by holding a hearing.

Board may examine record

(4)In conducting a review requested under subsection (1) or (2), the Board may examine the record in question.

Decision of Board

(5)On completing a review requested under subsection (1), the Board may,

(a) order the service provider to give the person access to all or part of the record;

(b) order the service provider to make a correction to the record and give the notice referred to in clause 187 (2) (a); or

(c) if it is satisfied that the refusal appealed from is justified, confirm the refusal,

and shall provide a copy of its decision to the person who requested the review, the service provider and the Minister.

Idem

(6)On completing a review requested under subsection (2), the Board,

(a) shall, unless it is satisfied that no disclosure or no unauthorized disclosure of the person’s record took place, declare that the disclosure was unauthorized;

(b) may order the service provider to change its procedures for the maintenance and disclosure of persons’ records, or to desist from a particular disclosure practice; and

(c) where it is satisfied that an unauthorized disclosure took place, may recommend to the Minister that the service provider’s approval under Part I (Flexible Services), if any, be revoked or, where the service provider is a licensee, that the licence be revoked under Part IX (Licensing),

and shall provide a copy of its decision to the person who requested the review, the service provider and the Minister.

Proclamation

(7)This section shall come into force on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. C.11, s. 188.

General

Access, etc., to be noted on record

189.(1)Every disclosure of all or part of a person’s record and every correction to a person’s record shall be noted on and forms part of the record.

Exception

(2)Subsection (1) does not apply to routine use of a person’s record by a service provider and the service provider’s employees or, where the service provider is the Minister, the Minister’s employees engaged in providing services.

Proclamation

(3)This section shall come into force on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. C.11, s. 189.

Protection from liability for disclosure

190.(1)Where a service provider discloses a person’s record in accordance with this Part, no action or other proceeding shall be instituted against the service provider or anyone acting under the service provider’s authority,

(a) if this Part requires the disclosure; or

(b) if this Part permits the disclosure and the service provider has reasonable grounds to believe the information contained in the record to be accurate.

Proclamation

(2)This section shall come into force on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. C.11, s. 190.

Code of record-keeping procedures

191.(1)Every service provider shall establish and follow a written code of procedure for the creation, maintenance and disclosure of persons’ records.

Idem

(2)A code of procedure referred to in subsection (1) shall contain,

(a) a description of the types of information that may be recorded and the purposes for which information may be recorded;

(b) a requirement that information, wherever possible, be collected from or confirmed by the person to whom it relates;

(c) a requirement that no more information be recorded than is actually necessary for the provision of the service in question; and

(d) the prescribed provisions.

Retention, storage and destruction schedules

(3)Every service provider shall retain, store and destroy persons’ records in accordance with the prescribed schedules.

Proclamation

(4)This section shall come into force on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. C.11, s. 191.

Source: Internet Archive, June 17, 2011

Oops. As of January 2012, the section is gone, replaced with:

184.-191. Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.

Source: Ontario Statutes

sequential