The Protecting and Supporting Children (Information Sharing) Act

The Protecting and Supporting Children (Information Sharing) Act, C.C.S.M. c. P143.5 (Assented to November 10, 2016) bilingual version (HTML) Table of Contents Section 1 Definitions PART 1 SHARING INFORMATION TO PROTECT AND SUPPORT CHILDREN 1.1 Definitions 2 Collection and use of information to deliver services 3 Disclosure of information to deliver services 4 Requirements when disclosing information 5 Further disclosure limited 5.1 Protection from liability PART 2 SHARING INFORMATION TO SUPPORT CHILDREN'S PROGRAMMING 5.2 Definitions 5.3 Minister may request information 5.4 Disclosing information 5.5 Non-identifying information 5.6 Safeguards for sensitive information 5.7 Agreements PART 3 GENERAL PROVISIONS 6 Permitted information sharing continues 7 Regulations 8 Renumbered as section 5.1 9 Review 10-17 Consequential amendments to other Acts 18 C.C.S.M. reference 19 Coming into force WHEREAS the well-being, safety, security, education and health of children are priorities for Manitobans; AND WHEREAS programs and services for children and their families are most effective when they are developed and provided through a collaborative and multidisciplinary approach; AND WHEREAS appropriate sharing of information when developing, planning, providing or evaluating programs and services for children and their families is critical to ensuring the best possible outcomes for children; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS Definitions 1 The following definitions apply in this Act. "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») "personal health information" has the same meaning as in The Personal Health Information Act . (« renseignements médicaux personnels ») "personal information" has the same meaning as in The Freedom of Information and Protection of Privacy Act . (« renseignements personnels ») S.M. 2020, c. 21, s. 219 . PART 1 SHARING INFORMATION TO PROTECT AND SUPPORT CHILDREN Definitions 1.1 The following definitions apply in this Part. "child and family services agency" means an agency as defined in The Child and Family Services Act . (« office de services à l'enfant et à la famille ») "department" and "government agency" have the same meaning as in The Freedom of Information and Protection of Privacy Act . (« ministère » et « organisme gouvernemental ») "guardian" means a guardian as defined in The Child and Family Services Act and includes any other person of a class defined by regulation. (« tuteur ») "service provider" means (a) a department; (b) a child and family services agency; (c) an authority under The Child and Family Services Authorities Act ; (d) a school division or school district established under The Public Schools Act or an independent school as defined in The Education Administration Act ; (e) a police service as defined in The Police Services Act ; or (f) any other person or organization that receives funding from the government or a government agency to provide services or benefits for supported children, except as provided in the regulations. (« fournisseur de services ») "supported child" means a child (a) who is in the care of a child and family services agency; (b) who is receiving or whose family is receiving programs or services from a child and family services agency; (c) who has or is eligible to have an individual education plan under The Public Schools Act ; (d) who is receiving or is entitled to receive mental health services or addiction services provided by or on behalf of a public body as defined in The Freedom of Information and Protection of Privacy Act or a health care facility as defined in The Personal Health Information Act ; (e) who is receiving or is entitled to receive disability services provided by or on behalf of the government; (f) who is receiving or whose family is receiving victim support services provided by or on behalf of the government; (g) who is receiving services under The Correctional Services Act for children in custody or under supervision; or (h) who is provided for in the regulations. (« enfant bénéficiaire ») "trustee" means a trustee as defined in The Personal Health Information Act . (« dépositaire ») S.M. 2020, c. 21, s. 218 ; S.M. 2021, c. 4, s. 28 (as amended by S.M. 2022, c. 24, s. 23 ); S.M. 2022, c. 23, s. 21 . COLLECTION AND USE OF PERSONAL INFORMATION Collection and use of information to deliver services 2 For the purpose of providing or planning for the provision of services or benefits to a supported child, a service provider may (a) collect personal information or personal health information about the supported child or the child's parent or guardian from another service provider; and (b) collect personal health information about the supported child from a trustee; and may use the information for the purpose of providing or planning for the provision of services or benefits to the child. DISCLOSURE OF PERSONAL INFORMATION Disclosure of information to deliver services 3(1) For the purpose of providing or planning for the provision of services or benefits to a supported child, information may be disclosed as follows: 1. A service provider may disclose personal information or personal health information about a supported child to another service provider. 2. A service provider may disclose personal information or personal health information about a parent or guardian of a supported child to another service provider. 3. A trustee may disclose personal health information about a supported child to another trustee or to a service provider. Best interests of child 3(2) A service provider or trustee may make a disclosure under subsection (1) only if they reasonably believe that the disclosure is in the child's best interests. Engaging families in planning 3(3) To engage the family of a supported child in planning services or benefits for the child, the parent or guardian and the child are entitled to receive information about disclosures that are made under subsection (1), to the extent required by the regulations. Requirements when disclosing information 4(1) A service provider or trustee making a disclosure under section 3 must ensure that the disclosure of personal information or personal health information (a) is necessary to accomplish the purpose of providing or planning for the provision of services or benefits to the supported child; (b) is limited to the minimum amount of information necessary to accomplish that purpose; (c) includes relevant information about the strengths of the child and his or her parents or guardians where available; and (d) is not explicitly prohibited by another law, including the Youth Criminal Justice Act (Canada). Duty to ensure accuracy of information 4(2) The service provider or trustee must take reasonable steps to ensure that the information is accurate and not misleading. Further disclosure limited 5 When information is disclosed under section 3 to a service provider who is neither a public body under The Freedom of Information and Protection of Privacy Act nor a trustee under The Personal Health Information Act , that service provider must not further disclose the information unless the disclosure is authorized under section 3. Protection from liability 5.1 No action or proceeding may be brought against the government, a service provider or trustee, or any person acting for or under their direction for damages resulting from the use or disclosure of personal information or personal health information in circumstances where the government, the service provider or trustee, or other person reasonably believed that the use or disclosure was authorized under this Part. S.M. 2020, c. 21, s. 225 . PART 2 SHARING INFORMATION TO SUPPORT CHILDREN'S PROGRAMMING Definitions 5.2 The following definitions apply in this Part. "community organization" means a corporation or other organization, other than a public body, that receives funding from the government to provide services or benefits for children or their families. (« organisme communautaire ») "public body" has the same meaning as in The Freedom of Information and Protection of Privacy Act . (« organisme public ») S.M. 2020, c. 21, s. 221 . Minister may request information 5.3(1) The minister may request a public body or community organization to provide, or collect on behalf of the minister and provide, personal information or personal health information for the purposes set out in subsection (3). Duty to provide information 5.3(2) A public body or community organization that receives a request under subsection (1) must provide the minister with the information requested, in the form and within the time specified by the minister. Purposes of request 5.3(3) Information may be requested, collected and provided under this section only for the purposes of researching, planning, providing, evaluating or monitoring services or benefits that directly affect children and their families. Duty to adopt security safeguards 5.3(4) The minister must protect all personal information and personal health information collected under this section by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information. S.M. 2020, c. 21, s. 221 . Disclosing information 5.4(1) For any of the purposes set out in subsection 5.3(3), the minister may disclose personal information or personal health information to (a) a public body; or (b) a government of another jurisdiction, community organization or other entity that has entered into an agreement under section 5.7. Agreement must protect information 5.4(2) An agreement about disclosure of personal information or personal health information referred to in clause (1)⁠(b) must provide for reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information. S.M. 2020, c. 21, s. 221 . Non-identifying information 5.5 The minister must (a) not request, collect or disclose personal information or personal health information under this Part if other information will serve the purpose of the request, collection or disclosure; and (b) limit the amount of information requested, collected or disclosed to the minimum amount necessary to accomplish the purpose. S.M. 2020, c. 21, s. 221 . Safeguards for sensitive information 5.6 In determining the reasonableness of security safeguards adopted under subsection 5.3(4) or 5.4(2), the degree of sensitivity of the information to be protected must be taken into account. S.M. 2020, c. 21, s. 221 . Agreements 5.7 The minister may enter into an agreement with any government, community organization or other entity for the purposes of section 5.4. S.M. 2020, c. 21, s. 221 . PART 3 GENERAL PROVISIONS Permitted information sharing continues 6 If another enactment, including The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act , requires or permits the collection, use or disclosure of personal information or personal health information, nothing in this Act is to be interpreted as limiting the ability to do so. S.M. 2020, c. 21, s. 223 . Regulations 7 The Lieutenant Governor in Council may make regulations (a) for the purpose of clause (f) of the definition "service provider" in section 1, excluding any person or organization from the definition; (b) for the purpose of the definition "supported child" in section 1, providing for additional categories of supported children; (c) respecting funding agreements between the government or a government agency and service providers, including terms and conditions about the disclosure of information that must be included; (d) respecting the provision of information to parents, guardians and supported children for the purpose of subsection 3(3); (e) respecting retention periods, destruction policies and security safeguards for personal information and personal health information maintained by service providers referred to in clause (f) of the definition "service provider"; (f) requiring service providers to keep records of disclosures made under section 3 and respecting related matters; (g) defining "guardian" and any other term used but not defined in this Act; (h) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act. 8 [Renumbered as section 5.1] S.M. 2020, c. 21, s. 225 . REVIEW Review 9(1) Within five years after this Act comes into force, the minister must undertake a comprehensive review of it and must, within one year after the review is undertaken or within such further time as the Legislative Assembly may allow, submit a report on the review to the Assembly. Non-application of Part 2 9(2) The review requirement under subsection (1) does not apply to Part 2 of this Act. S.M. 2020, c. 21, s. 226 . CONSEQUENTIAL AMENDMENTS 10 to 17 NOTE: These sections contained amendments to other Acts, which amendments are now included in those Acts. C.C.S.M. REFERENCE AND COMING INTO FORCE C.C.S.M. reference 18 This Act may be referred to as chapter P143.5 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 19 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2016, c. 17 came into force by proclamation on September 15, 2017.