d) Exceptions

In general, Part X applies to personal information in the custody or control of a service provider that relates to the provision of a service under the CYFSA. However, there are exceptions.¹⁷ Most of Part X does not apply to:

• the use or disclosure of adoption information by a licensee or children’s aid society, once the adoption is finalized¹⁸
• records in the Child Abuse Register¹⁹
• records subject to court-ordered production to a children’s aid society²⁰
• court-ordered assessment reports related to potential admission of a child to secure treatment, where the court has made an order to withhold all or part of the report from the child²¹

Service providers should also be aware of confidentiality provisions in other parts of the CYFSA which prevail over Part X, including rules against publicly identifying children and families who participate in child protection hearings.²²

Finally, it is important to note that where federal laws such as the Criminal Code or Youth Criminal Justice Act prohibit disclosure of personal information, they prevail over Part X. This means that service providers cannot disclose information under Part X if the YCJA or another federal law prohibits the disclosure.