(1) In this Act,
“applicable data standards” means, in relation to a public sector organization, the part of the data standards that apply with respect to the organization under regulations made under clause 6 (5) (c); (“normes applicables relatives aux données”)
“de-identify”, in relation to the personal information of an individual, means to remove any information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual; (“anonymiser”)
“Minister” means the Minister Responsible for Anti-Racism or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)
“personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)
“public funds” means funds provided by the Government of Ontario or a public body designated in regulations made under the Public Service of Ontario Act, 2006 but does not include any funds that are,
paid in exchange for the provision of goods or services to the Government of Ontario or public body, or
provided by the Government of Ontario or public body by way of a loan or loan guarantee; (“fonds publics”)
“public sector organization” means,
a ministry of the Government of Ontario,
a public body designated in regulations made under the Public Service of Ontario Act, 2006,
a municipality,
a local board as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006,
a board as defined in subsection 1 (1) of the Education Act,
a university that receives regular and ongoing operating funds from the Government of Ontario for the purposes of post-secondary education or a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002,
[Repealed]
[Repealed]
a health service provider within the meaning of the Connecting Care Act, 2019;
a person described in clause (b), (c) or (d) of the definition of “service provider” in subsection 2 (1) of the Child, Youth and Family Services Act, 2017,
a district social services administration board established under the District Social Services Administration Boards Act,
a person who operates or maintains a correctional institution within the meaning of the Ministry of Correctional Services Act, and
an organization that received $1,000,000 or more in public funds in the previous fiscal year of the Government of Ontario, other than,
the Office of the Lieutenant Governor, or
the Office of the Assembly or the office of an officer of the Assembly; (“organisation du secteur public”)
“research ethics board” means a board of persons that is established for the purpose of approving research plans under section 8 and that meets the requirements prescribed by regulation for the purposes of this definition. (“commission d’éthique de la recherche”) ; ;
Nothing in this Act shall be interpreted or applied so as to reduce any right or entitlement under the Human Rights Code.
(1) The Government of Ontario shall maintain an anti-racism strategy that aims to eliminate systemic racism and advance racial equity.
The strategy shall include the following:
Initiatives to eliminate systemic racism, including initiatives to identify and remove systemic barriers that contribute to inequitable racial outcomes.
Initiatives to advance racial equity.
Targets and indicators to measure the strategy’s effectiveness.
The initiatives referred to in paragraph 1 of subsection (2) shall include initiatives to assist racialized groups that are most adversely impacted by systemic racism, including Indigenous and Black communities.
The initiatives referred to in paragraph 2 of subsection (2) shall include initiatives to address the adverse impact of different forms of racism, including anti-Indigenous racism, anti-Black racism, antisemitism and Islamophobia.
The document entitled “A Better Way Forward: Ontario’s 3-Year Anti-Racism Strategic Plan” published on March 7, 2017 is continued as the anti-racism strategy under subsection (1).
The Government of Ontario shall establish and publish the first targets and indicators required under paragraph 3 of subsection (2) on a Government of Ontario website within 12 months after the coming into force of this section.
The targets and indicators published in accordance with subsection (6) are deemed to form part of the anti-racism strategy.
(1) The Minister shall prepare progress reports on the anti-racism strategy which shall include information on the strategy’s initiatives, targets and indicators.
The first report shall be prepared within 12 months after the day on which the targets and indicators are published in accordance with subsection 2 (6), and subsequent reports shall be prepared on or before the anniversary of the day that the first report was prepared in each subsequent year.
(1) At least every five years, the Government of Ontario shall review the anti-racism strategy.
As part of the review, the Minister,
shall inform the public that the strategy is being reviewed and solicit the views of the public with respect to the strategy; and
shall consult, in the manner the Minister considers appropriate, with such community organizations, individuals, other levels of government and stakeholders, as the Minister considers appropriate.
The Minister shall ensure that members and representatives of communities that are most adversely impacted by racism, including Indigenous, Black and Jewish communities and communities that are adversely impacted by Islamophobia, are consulted with under clause (2) (b).
After a review is completed, the Government of Ontario shall do one of the following:
Amend the strategy.
Replace the strategy with a new one.
Continue the existing strategy.
In determining what to do under subsection (4), the Government of Ontario shall consider how different racialized groups are adversely impacted by systemic racism, including anti-Indigenous racism, anti-Black racism, antisemitism and Islamophobia.
A strategy that has been amended, replaced or continued under subsection (4) shall set out the date on which it was amended, replaced or continued.
(1) The Minister may, before the first review or in between subsequent reviews under section 4, consult on the anti-racism strategy in the manner and at such times as the Minister considers appropriate with such community organizations, individuals, other levels of government and stakeholders, as the Minister considers appropriate.
The Minister shall ensure that members and representatives of communities that are most adversely impacted by racism, including Indigenous, Black and Jewish communities and communities that are adversely impacted by Islamophobia, are consulted with under subsection (1).
After the consultation, the Minister may amend the strategy, but the Minister may not amend any of its targets or indicators.
(1) The Minister, with the approval of the Lieutenant Governor in Council, shall establish data standards for the collection, use and management of information, including personal information, to identify and monitor systemic racism and racial disparities for the purpose of eliminating systemic racism and advancing racial equity.
The data standards shall provide for,
the collection of information, including personal information and any circumstances in which personal information may be collected other than directly from the individual to whom the information relates;
the use, including the analysis, of information, including personal information;
the de-identification of personal information and the disclosure of de-identified information;
reporting on the use, including the analysis, of information, including personal information; and
the retention, security and secure disposal of personal information.
The Minister, with the approval of the Lieutenant Governor in Council, may amend the data standards.
The Minister shall consult with the Information and Privacy Commissioner and the Chief Commissioner of the Ontario Human Rights Commission before establishing or amending the data standards.
The Lieutenant Governor in Council may make regulations,
requiring public sector organizations to collect specified information, including personal information, in relation to specified programs, services and functions;
authorizing public sector organizations to collect specified personal information in relation to specified programs, services and functions;
Personal information may not be specified under a regulation made under clause (5) (a) or (b) unless it is listed in the data standards.
A regulation made under clause (5) (a) or (b) does not apply to a public sector organization in relation to a program, service or function if the organization, in providing that program or service, or carrying out that function, is a health information custodian, as defined in the Personal Health Information Protection Act, 2004.
No program, service or benefit shall be withheld because a person does not provide, or refuses to provide, information under the data standards or the regulations made under subsection (5).
Authority to collect personal information under a regulation made under clause (5) (b) is in addition to, and does not derogate from, any other authority a public sector organization may have to collect personal information for the purpose specified in subsection 7 (2).
(1) This section applies with respect to the collection of personal information as required or authorized under a regulation made under clause 6 (5) (a) or (b).
The purpose for collecting the personal information under this Act is to eliminate systemic racism and advance racial equity.
The personal information shall be collected directly from the individual to whom the information relates unless another manner of collection is authorized by the applicable data standards.
If the personal information is collected directly from the individual to whom the information relates, the public sector organization shall inform the individual that the collection is authorized under this Act and shall also inform the individual of,
the purpose for which the personal information is intended to be used;
the fact that, under subsection 6 (8), no program, service or benefit may be withheld because the individual does not provide, or refuses to provide, the personal information; and
the title and contact information, including an email address, of an employee who can answer the individual’s questions about the collection.
If personal information is collected other than directly from the individual to whom the information relates, the public sector organization shall, before collecting information in that manner, ensure that a notice is published on a website that the collection is authorized or required under this Act and also stating,
the types of personal information that may be collected in that manner and the circumstances in which personal information may be collected in that manner;
the purpose for which the personal information collected in that manner is intended to be used; and
the title and contact information, including an email address, of an employee who can answer an individual’s questions about the collection.
The public sector organization shall not use the collected personal information for a purpose other than the purpose specified in subsection (2).
A public sector organization shall not use personal information collected as authorized under a regulation made under clause 6 (5) (b) if the use of other information will meet the purpose specified in subsection (2) and shall not use more of such personal information than is reasonably necessary to meet that purpose.
The public sector organization shall de-identify the collected personal information as required under the applicable data standards.
The public sector organization shall retain the collected personal information for the period specified in the applicable data standards or, if there is no such specified period, for at least one year after the day it was last used by the organization.
The public sector organization shall take reasonable measures to secure the collected personal information.
Before using the collected personal information for the purpose specified in subsection (2), the public sector organization shall take reasonable steps to ensure that the information is as accurate as is necessary for that purpose.
The public sector organization shall limit access to the collected personal information to officers, employees, consultants and agents of the organization who need access to the information in the performance of their duties in connection with anything the organization is required to do, or may do, under this Act, the regulations or the applicable data standards.
The public sector organization may disclose the collected personal information only if,
the person to whom the information relates has identified that information in particular and consented to its disclosure;
the disclosure is required by law, including as required under section 31 of the Human Rights Code;
the disclosure is for the purpose of a proceeding or contemplated proceeding and the information relates to or is a matter in issue in the proceeding or contemplated proceeding and,
the public sector organization is, or is expected to be, a party, or
a current or former employee, consultant or agent of the public sector organization is, or is expected to be, a witness;
the disclosure is for a research purpose in accordance with section 8; or
the disclosure is to the Information and Privacy Commissioner.
Subsection (14) prevails over the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act but the authority to disclose under that subsection is subject to any limits on disclosure under any other law.
Nothing in this section limits the right of an individual under any Act to access and correct personal information about the individual.
(1) This section applies with respect to the disclosure, under clause 7 (14) (d), for a research purpose, of personal information collected as required or authorized under a regulation made under clause 6 (5) (a) or (b).
The public sector organization may disclose collected personal information to a researcher for a research purpose if the researcher,
submits to the public sector organization,
an application in writing,
a research plan that meets the requirements of subsection (3), and
a copy of the decision of a research ethics board that approves the research plan; and
enters into an agreement with the public sector organization that complies with the requirements prescribed by regulation for the purposes of this clause.
A research plan must be in writing and must set out,
the affiliation of each person involved in the research;
the nature and objectives of the research and the public or scientific benefit of the research that the researcher anticipates; and
all other matters related to the research that are prescribed by regulation for the purposes of this clause.
A research ethics board shall not approve a research plan if the research purpose for which the disclosure is to be made can be reasonably accomplished without the information being provided in individually identifiable form.
In determining whether or not to approve a research plan, a research ethics board shall consider the matters prescribed by regulation for the purposes of this subsection.
A research ethics board may specify, in its approval of a research plan, conditions to which the approval is subject.
A researcher who receives personal information about an individual under clause 7 (14) (d),
shall comply with the conditions, if any, specified by the research ethics board under subsection (6);
shall not publish the information in a form that could reasonably enable a person to ascertain the identity of the individual;
shall comply with the agreement referred to in clause (2) (b); and
shall comply with the requirements prescribed by regulation for the purposes of this clause.
The Lieutenant Governor in Council may make regulations prescribing anything described as being prescribed by regulation in this section or in the definition of “research ethics board” in section 1.
The public sector organization shall use personal information as allowed under subsection (1) only in accordance with the applicable data standards.
The public sector organization shall not use personal information as allowed under subsection (1) if the use of other information will meet the purpose specified in subsection 7 (2) and shall not use more of such personal information than is reasonably necessary to meet that purpose.
The use of personal information as allowed under subsection (1) is deemed to comply with section 41 of the Freedom of Information and Protection of Privacy Act and section 31 of the Municipal Freedom of Information and Protection of Privacy Act.
Before using personal information as allowed under subsection (1), the public sector organization shall ensure that a notice is published on a website stating that the use is authorized under this Act and also stating,
the types of personal information that may be used under subsection (1) and the circumstances in which such personal information may be used in that way;
the purpose for which the personal information may be used under subsection (1); and
the title and contact information, including an email address, of an employee who can answer an individual’s questions about the use of the personal information under subsection (1).
(1) The Information and Privacy Commissioner may, from time to time, review the practices of a public sector organization that has collected or used personal information as required or authorized under this Act to determine whether,
there has been an unauthorized collection, retention, use, disclosure, access to or modification of personal information in the custody or control of the public sector organization in connection with this Act; and
the requirements under this Act relating to personal information, including the requirements with respect to notice, de-identification, retention, security and secure disposal, have been met.
The public sector organization shall co-operate with and assist the Commissioner in the conduct of the review under subsection (1).
The Commissioner may require the production of such information and records under the custody or control of the public sector organization as are relevant to the subject matter of the review.
If the Commissioner requires production of information or a record under subsection (3), the person having custody or control of the information or record shall produce it to the Commissioner and, at the request of the Commissioner, shall provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce a record in readable form.
If, after giving the public sector organization an opportunity to be heard, the Commissioner determines that a practice contravenes this Act or the regulations, including a requirement under the regulations made under clause 6 (5) (c) that a public sector organization comply with a part of the data standards, the Commissioner may order the organization to do any of the following:
Discontinue the practice.
Change the practice as specified by the Commissioner.
Destroy personal information collected or retained under the practice.
Implement a new practice as specified by the Commissioner.
The Commissioner may order, under paragraph 2 or 4 of subsection (5), no more than what is reasonably necessary to achieve compliance with this Act and the regulations.
A person who wilfully fails to comply with an order made under paragraph 1 or 3 of subsection (5) is guilty of an offence and on conviction is liable to a fine not exceeding $100,000.
A prosecution for an offence under subsection (7) shall not be commenced without the consent of the Attorney General or his or her agent.
In a prosecution for an offence under subsection (7) for wilfully failing to comply with an order, the court may take precautions to avoid the disclosure by the court or any person of any personal information to which the order relates, including, where appropriate, conducting hearings or parts of hearings in private or sealing all or part of the court files.
The Information and Privacy Commissioner may make comments or recommendations on the privacy implications of any matter related to this Act, including any matter related to the data standards established under section 6 or any regulations made under this Act.
The Information and Privacy Commissioner may include information relating to this Act in the Commissioner’s annual report under section 58 of the Freedom of Information and Protection of Privacy Act.
(1) The Minister, with the approval of the Lieutenant Governor in Council, shall establish an anti-racism impact assessment framework to be used,
in assessing potential racial equity impacts and outcomes of policies and programs; and
in developing, reviewing and revising policies and programs to mitigate, remedy or prevent inequitable racial impacts and outcomes and to advance racial equity.
The anti-racism impact assessment framework shall provide for,
information gathering and analysis to be used in the assessment described in clause (1) (a) and in the development, review and revision described in clause (1) (b);
stakeholder consultations to be used in the assessment described in clause (1) (a) and in the development, review and revision described in clause (1) (b); and
public notice and public reporting.
The Minister, with the approval of the Lieutenant Governor in Council, may amend the anti-racism impact assessment framework.
The Lieutenant Governor in Council may make regulations requiring public sector organizations to use all or part of the anti-racism impact assessment framework in relation to specified policies and programs.
The Minister shall publish on a Government of Ontario website,
the anti-racism strategy, as amended, replaced or continued;
each progress report required under section 3;
the data standards established under section 6, as amended; and
the anti-racism impact assessment framework established under section 13, as amended.
(1) The Directorate known in English as the Anti-Racism Directorate and in French as Direction générale de l’action contre le racisme is continued.
The Directorate shall assist the Minister in carrying out the Minister’s duties under this Act.
Such employees as are necessary for the proper conduct of the Directorate’s work may be appointed under Part III of the Public Service of Ontario Act, 2006.
Omitted (provides for amendments to this Act).
Omitted (provides for coming into force of provisions of this Act).
Omitted (enacts short title of this Act).