Anti-Racism Act, 2017, S.O. 2017, c. 15 - Bill 114

• Jurisdiction: Ontario
• Date: 01 June 2017
• Bill Number: 114

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 114 and does not form part of the law. Bill 114 has been enacted as Chapter 15 of the Statutes of Ontario, 2017.

The Bill provides for various measures related to anti-racism.

Section 2 requires the Government of Ontario to maintain an anti-racism strategy that aims to eliminate systemic racism and advance racial equity. The strategy must include initiatives to eliminate systemic racism and advance racial equity, as well as targets and indicators to measure the strategy’s effectiveness. Section 3 requires the Minister to prepare, at specified times, progress reports on the anti-racism strategy.

Section 4 requires the Government of Ontario, at least every five years, to review the anti-racism strategy. Under section 5, the Government may consult on the strategy in between reviews. As part of a review or consultation, the Minister must consult with 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. Following a review, the Government of Ontario may amend, replace or continue the strategy, and following a consultation the Minister may make more limited amendments to the strategy.

Section 6 requires the Minister, with the approval of the Lieutenant Governor in Council, to establish data standards that provide for the collection, use and management of information, including personal information, to identify and monitor systemic racism and racial disparities. Before the standards are established or amended, the Minister must consult with the Information and Privacy Commissioner and the Chief Commissioner of the Ontario Human Rights Commission.

Under subsection 6 (5), the Lieutenant Governor in Council may make regulations requiring or authorizing public sector organizations to collect specified information, including personal information, in relation to specified programs, services and functions for the purpose of eliminating systemic racism and advancing racial equity. The regulations may provide that the data standards, or some part of them, apply to public sector organizations. The regulations won’t 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. Subsection 6 (8) provides that 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. Sections 7, 8 and 9 set out rules respecting the collection, use, de-identification, retention, security, accuracy and disclosure of personal information, with section 8 providing for particular rules related to the disclosure of personal information for a research purpose.

Under section 10, the Information and Privacy Commissioner may review the practices of a public sector organization that has collected or used personal information as required or authorized and may make certain orders if the Commissioner determines that a practice contravenes the Bill. Subsection 10 (7) makes it an offence to wilfully fail to comply with certain orders of the Commissioner. Under section 11, the Commissioner may make comments or recommendations on the privacy implications of any matter related to the Bill.

Section 13 requires the Minister, with the approval of the Lieutenant Governor in Council, to 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 Lieutenant Governor in Council may make regulations requiring public sector organizations to use all or part of the anti-racism impact assessment framework.

Section 14 requires the Minister to publish the anti-racism strategy, progress reports, data standards and the anti-racism impact assessment framework. Section 15 provides for the Anti-Racism Directorate to assist the Minister in carrying out the Minister’s duties under the Bill.

chapter 15

An Act to provide for Anti-Racism Measures

Assented to June 1, 2017

CONTENTS

Preamble

Everyone deserves to be treated with fairness, respect and dignity, and the Government of Ontario is committed to eliminating systemic racism and advancing racial equity.

Systemic racism is a persistent reality in Ontario, preventing many from fully participating in society and denying them equal rights, freedoms, respect and dignity.

Systemic racism is often caused by policies, practices and procedures that appear neutral but have the effect of disadvantaging racialized groups. It can be perpetuated by a failure to identify and monitor racial disparities and inequities and to take remedial action.

Systemic racism is experienced in different ways by different racialized groups. For example, anti-Indigenous racism, anti-Black racism, antisemitism and Islamophobia reflect histories of systemic exclusion, displacement and marginalization.

Eliminating systemic racism and advancing racial equity supports the social, economic and cultural development of society as a whole, and everyone benefits when individuals and communities are no longer marginalized.

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

Definitions

1 (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,

(a) paid in exchange for the provision of goods or services to the Government of Ontario or public body, or

(b) provided by the Government of Ontario or public body by way of a loan or loan guarantee; (“fonds publics”)

“public sector organization” means,

(a) a ministry of the Government of Ontario,

(b) a public body designated in regulations made under the Public Service of Ontario Act, 2006,

(c) a municipality,

(d) 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,

(e) a board as defined in subsection 1 (1) of the Education Act,

(f) 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,

(g) a local health integration network as defined in subsection 2 (1) of the Local Health System Integration Act, 2006,

(h) a health service provider within the meaning of the Local Health System Integration Act, 2006 other than a person that operates a private hospital within the meaning of the Private Hospitals Act, unless the person received public funds for the operation of the hospital in the previous fiscal year of the Government of Ontario,

(i) a person described in clause (b), (c) or (d) of the definition of “service provider” in subsection 3 (1) of the Child and Family Services Act,

(j) a district social services administration board established under the District Social Services Administration Boards Act,

(k) a person who operates or maintains a correctional institution within the meaning of the Ministry of Correctional Services Act, and

(l) an organization that received $1,000,000 or more in public funds in the previous fiscal year of the Government of Ontario, other than,

(i) the Office of the Lieutenant Governor, or

(ii) 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”)

Human Rights Code

(2) Nothing in this Act shall be interpreted or applied so as to reduce any right or entitlement under the Human Rights Code.

Anti-racism strategy

2 (1) The Government of Ontario shall maintain an anti-racism strategy that aims to eliminate systemic racism and advance racial equity.

Contents of strategy

(2) The strategy shall include the following:

1. Initiatives to eliminate systemic racism, including initiatives to identify and remove systemic barriers that contribute to inequitable racial outcomes.

2. Initiatives to advance racial equity.

3. Targets and indicators to measure the strategy’s effectiveness.

Same

(3) The initiatives referred to in paragraph 1 of subsection (2) shall include initiatives to assist racialized groups that are...