The Child, Youth and Family Services Act, 2017 has been amended to provide regulation-making authority to create exceptions to the prohibition at subsection 87(8) of the CYFSA to allow individuals, subject to rules outlined in regulation, to publish (or make public) information that this section would otherwise prohibit. The ministry will develop regulations, following additional consultations with individuals with child protection experience and other relevant stakeholders.
Amendments to be proclaimed in force on a date to be named by the Lieutenant Governor In Council following the development of the regulations.
The proposed changes to the CYFSA would not introduce new compliance costs or administrative impacts for any regulated entity.
The ministry is seeking comments and feedback from individuals and stakeholders regarding this amendment. In addition, the ministry will conduct engagements with individuals and sector stakeholders to address any possible implications in regulatory development.
Further Information: Proposal Number: 24-MCCSS010 Posting Date: April 17, 2024 Summary of Proposal:The Ministry of Children, Community and Social Services is proposing changes to the Child, Youth and Family Services Act, 2017 to clarify circumstances where individuals with a history of child protection involvement would be free to speak of their own lived experiences and can publish or allow the publishing of information about their own experiences in certain circumstances.
Specifically, the Ministry is proposing to:
1. Create exceptions to the prohibition at subsection 87(8) of the CYFSA to allow individuals to publish (or make public) information that would otherwise be prohibited by this section.
2. Conduct further engagement and consultation on the development of regulations which would guide who can publish (or make public) this information, when it can be published or made public, and any other restrictions would be included in future regulation.
Currently, the CYFSA prohibits making any information public that would identify a child who is a witness at or a participant in a hearing, or who was the subject of a proceeding, or the child's parent or foster parent or a member of the child's family. The objective of this prohibition is to reduce stigma and to respect the privacy of families, children and youth.
However, individuals who have been children or youth in care may wish or choose to have information about their own stories published (e.g. through social media). This change is intended to create exceptions where an individual may publish (or make public) information about themselves, in an effort to provide individuals with more control and ownership over their own stories and experiences, once regulations are developed.
The ministry intends to develop regulations, following additional consultations, which reflect the views of those with child protection experience and balance an individual's right to expression and the right to privacy of the individual and others.