Advice and Submissions

Schedule 6 of Bill 231, More Convenient Care Act, 2024 introduces a complex initiative to enable Ontarians' use of a Digital Health Identity tool with the intent that Ontarians will use it to access their health records. It contains significant changes to Ontario’s health privacy law that put Ontarians' health privacy at risk and limits rather than enables their access rights.

Schedule 2 of Bill 212, the Reducing Gridlock, Saving You Time Act would shield certain records related to priority highway projects from freedom of information requests. The IPC’s submission calls for the removal of sections 8(5) and 8(6) from Schedule 2 to support government transparency and uphold Ontarians’ access rights.

Commissioner Kosseim spoke at the Standing Committee on Justice Policy’s public hearings on Bill 194, the Strengthening Cyber Security and Building Trust in the Public Sector Act, to discuss the IPC’s recommendations on enhancing cyber security, AI guardrails, and privacy protections for children, youth, and the public sector.

The IPC provided comments to the Ministry of Labour, Immigration, Training and Skills Development about a new regulation requiring employers to disclose the use of artificial intelligence (AI) in job postings. The IPC offers recommendations related to adopting a consistent definition of AI, transparency about the use of AI in the hiring process, and Ontario’s need for greater privacy protections in the employment context.

In her letter, Commissioner Kosseim recommends that the ministry reconsider its proposal to better facilitate Ontarians’ easy and meaningful access to their records in the provincial Electronic Health Record. The commissioner also recommends that the ministry carefully consider transparency and accountability of the proposed digital ecosystem to access those records.

Letter to the Ministry of Health responding to the changes proposed under the PHIPA regulation mandating contribution of personal health information to the electronic health record, and reiterating the need to ensure that personal health information is protected in systems used to assist in providing health care.

IPC submission concerning Bill 194, the Strengthening Cyber Security and Building Trust in the Public Sector Act, focusing on enhancing cyber security, guardrails concerning AI system requirements, and privacy protections for children, youth, and the public sector. The submission provides recommendations concerning the levels of accountability, transparency, and oversight that are needed in a rapidly changing world.

The IPC provided comments to the Ministry of the Solicitor General about a regulatory proposal relating to the publication of findings reports and directions by the Inspector General of Policing. This new role, the first of its kind in Canada, provides independent oversight of police services, police service boards and other policing organizations across the province. The IPC offers recommendations to support effective, privacy protective, transparent, and accountable oversight of policing organizations in Ontario. 

The IPC made recommendations to the Standing Committee on Social Policy in relation to proposed amendments to the Child, Youth and Family Services Act. It is the IPC’s position that any changes related to the collection, use and disclosure of personal information must be transparent and matched by a proportionate level of robust privacy protection. 

The IPC opposes the repeal of Section 262 of the Community Safety and Policing Act proposed as part of Bill 157, the Enhancing Access to Justice Act. The public consultation requirements in Section 262 are crucial to maintaining transparency and accountability around the regulation-making process for critical policing matters.

Commissioner's speaking remarks. In this letter to Brian Riddell, Chair of the Standing Committee on Social Policy, the IPC makes recommendations in relation to proposed amendments to the Employment Standards Act that relate to the use of AI in the workplace. The letter also calls for the development of a comprehensive private sector privacy law for Ontario.

IPC comments to the board concerning its review of the Toronto Police Services’ artificial intelligence based, facial recognition mugshot database program.

In this letter to Brian Riddell, Chair of the Standing Committee on Social Policy, the IPC makes recommendations in relation to proposed amendments to the Connecting Care Act, 2019.

Letter to Ministry of Health on support for and approach to proposed administrative penalties under PHIPA, highlighting their importance in enforcing healthcare privacy and access rights.