ontario regulation 16/26

made under the

Child, Youth and Family Services Act, 2017

Made: January 29, 2026
Filed: January 29, 2026
Published on e-Laws: January 29, 2026
Published in The Ontario Gazette: February 14, 2026

Amending O. Reg. 155/18

(GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL)

1. Ontario Regulation 155/18 is amended by adding the following sections:

Proceedings Under Part V of the Act – Publication of Information Protected by Subsection 87 (8) of the Act

Exception to prohibition re identifying child and others

53.1 (1) In this section and in sections 53.2 to 53.5,

“child protection proceeding” means a proceeding under Part V of the Act; (“instance de protection de l’enfance”)

“publish” means publish or make public. (“publier”)

(2) For the purposes of subsection 87 (8.1) of the Act, information described in subsection 87 (8) of the Act may be published in accordance with sections 53.2 to 53.5.

(3) The authority to publish information described in subsection 87 (8) of the Act conferred by subsections 53.2 (2) and (3) and sections 53.3 to 53.5 is subject to the condition that such information shall not be published if it has the effect of identifying someone who is a child at the time of publication, unless the court is satisfied that the publication is in the child’s best interest, that the child has consented to the publication and that the publication is not contrary to the public interest.

Publication by a subject of a child protection proceeding

53.2 (1) A person who is or was a subject of a child protection proceeding may publish information that has the effect of identifying themselves as being or having been a subject of a child protection proceeding.

(2) A person who is or was a subject of a child protection proceeding may publish information that has the effect of identifying a child witness at or a child participant in a hearing held as part of the same child protection proceeding or of identifying their own parent, foster parent or family member while also identifying themselves as being or having been the subject of a child protection proceeding.

(3) A person who is or was a subject of a child protection proceeding may publish information that has the effect of identifying another person as a subject of the same child protection proceeding, but only if the court is satisfied that the publication is in the best interest of that other person, that that other person has consented to the publication and that the publication is not contrary to the public interest.

Publication with consent of subject

53.3 Any person may publish information that has the effect of identifying a person as being or having been a subject of a child protection proceeding or the parent, foster parent or family member of a person who is or was a subject of a child protection proceeding or of identifying a person as being or having been a child witness at or a child participant in a hearing held as part of a child protection proceeding if the court is satisfied that,

(a)  a subject of the child protection proceeding has consented to the publication;

(b)  any subject of the child protection proceeding who will be identified by the publication has consented to the publication;

(c)  the publication is in the best interests of any subject of the child protection proceeding who has consented to the publication; and

(d)  the publication is not contrary to the public interest.

Publication by person previously identified

53.4 (1) A person may publish information that has the effect of identifying themselves as being or having been a subject of a child protection proceeding, as being or having been a child witness at or a child participant in a hearing to which section 87 of the Act applies or as the parent, foster parent or family member of a person who is or was a subject of a child protection proceeding if information has already been published under section 53.2 or 53.3 that has the effect of identifying the person as such.

(2) A person who is authorized to publish information under subsection (1) identifying themselves in relation to a child protection proceeding may also publish information that has the effect of identifying another person as being or having been a subject of the same child protection proceeding, as being or having been a child witness at or a child participant in a hearing held as part of the same child protection proceeding or as the parent, foster parent or family member of a person who is or was a subject of the same child protection proceeding if information having the effect of identifying that other person as such has already been published under section 53.2 or 53.3.

Publication of information about deceased individual

53.5 (1) Subject to subsections (2) and (3), any person may publish information that has the effect of identifying a deceased person as being or having been a subject of a child protection proceeding and may also publish information identifying any other person as,

(a)  being or having been a subject of the same child protection proceeding or the parent, foster parent or family member of a person who is or was a subject of the same child protection proceeding; or

(b)  being or having been a child witness at or a child participant in a hearing held as part of the same child protection proceeding.

(2) Information may only be published under subsection (1) if the court is satisfied that the publication is in the public interest and not contrary to the known wishes of the deceased.

(3) Information may only be published under subsection (1) that has the effect of identifying a person as being or having been the subject of the child protection proceeding, other than the deceased, if the court is satisfied that the person has consented to the publication and the publication is in the person’s best interest.

Commencement

2. This Regulation comes into force on the later of July 1, 2026 and the day this Regulation is filed.