Bill 146, Disclosure of Information Relating to the Protection of Children Act, 2015

Bill 146 2015

An Act to amend the Employment Standards Act, 2000 and the Public Service of Ontario Act, 2006 with respect to the disclosure of specified information relating to children and services in respect of children

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Employment Standards Act, 2000

   1.  Section 74 of the Employment Standards Act, 2000 is amended by adding the following subsection:

Same - report to children's aid society

   (1.1)  No employer or person acting on behalf of an employer shall intimidate, dismiss or otherwise penalize an employee or threaten to do so because the employee took any of the following actions in relation to the duty to report under section 72 of the Child and Family Services Act:

    1.  The employee sought advice about making a report.

    2.  The employee made a report.

    3.  The employee co-operated in a process relating to making a report.

    4.  The employee acted in compliance with that section.

    5.  The employee sought enforcement of that section.

Public Service of Ontario Act, 2006

   2.  (1)  Subsection 2 (1) of the Public Service of Ontario Act, 2006 is amended by adding the following definition:

"child and family service provider" means a Director, provincial director or service provider as those terms are defined in subsection 3 (1) of the Child and Family Services Act; ("fournisseur de services à l'enfance et à la famille")

   (2)  The definition of "public body" in subsection 2 (1) of the Act is repealed and the following substituted:

"public body" means,

  (a)  for the purposes of all Parts other than Part VI, a body that is prescribed as a public body under clause 8 (1.1) (a) of this Act, and

  (b)  for the purposes of Part VI, means,

           (i)  a body that is prescribed as a public body under clause 8 (1.1) (a) of this Act, and

          (ii)  a child and family service provider; ("orga­nisme public")

   (3)  Subsection 2 (2) of the Act is amended by adding "Subject to subsection (2.1)" at the beginning.

   (4)  Section 2 of the Act is amended by adding the following subsection:

Same - Part VI

   (2.1)  In addition to the persons who are public servants under subsection (2), every employee, director, officer, member, partner or sole proprietor of a child and family service provider is a public servant for the purposes of Part VI.

   3.  Subsection 139 (1) of the Act is amended by adding the following clauses:

(c.1) sought advice about making a disclosure or made a disclosure that resulted in or may have resulted in the Provincial Advocate for Children and Youth carrying out functions or exercising powers under the Provincial Advocate for Children and Youth Act, 2007;

(c.2) made a disclosure under the Provincial Advocate for Children and Youth Act, 2007;

Commencement

   4.  This Act comes into force on the day it receives Royal Assent.

Short title

   5.  The short title of this Act is the Disclosure of Information Relating to the Protection of Children Act, 2015.

EXPLANATORY NOTE

The Bill amends the Employment Standards Act, 2000 to provide protection for an employee against reprisal in situations where the employee takes steps in relation to reporting under section 72 of the Child and Family Services Act a suspicion that a child is in need of protection.

Part VI of the Public Service of Ontario Act, 2006 establishes a scheme under which public servants may disclose wrongdoing. The Bill amends the Act to provide that specified persons who perform professional or official duties with respect to children are public servants for the purposes of that Part of the Act.  The Bill also extends the protection against reprisals to circumstances where a public servant has disclosed information in relation to the Provincial Advocate for Children and Youth Act, 2007.