Bill 102 1997
An Act to improve community safety by amending the Change of Name Act, the Ministry of Correctional Services Act and the Police Services Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Change of Name Act
1. Section 3 of the Change of Name Act is amended by adding the following subsection: Police records check
(3.1) A person who wishes to elect under subsection (1) or (2) shall provide the Registrar General with a police records check, as described in subsections 6 (9) and (10), if the person would be required to submit it if making an application under subsection 4 (1) or 5 (1).
2. (1) The French version of clause 6 (2) (g) of the Act is amended by striking out "de laquelle elle a t dclare coupable, sauf l'infraction l'gard de laquelle un pardon a t accord" in the second, third and fourth lines and substituting "pour laquelle elle a t condamne, sauf l'infraction l'gard de laquelle une rhabilitation a t octroye".
(2) Subsection 6 (2) of the Act is amended by adding the following clauses:
(g.1) particulars of every criminal offence of which the person has been found guilty and has been discharged, except an offence in respect of which the Criminal Records Act (Canada) requires that the record be purged;
. . . . .
(h.1) particulars of every outstanding law enforcement order against the person, including a warrant, prohibition order, restraining order, driver's licence suspension, probation order and parole order, of which he or she is aware;
(h.2) particulars of every pending criminal charge against the person, including every pending criminal charge against the person under the Young Offenders Act (Canada), of which he or she is aware.
(3) Clause 6 (2) (i) of the Act is amended by striking out "pending court proceeding" in the third line and substituting "pending court proceeding, other than a proceeding referred to in clause (h.2),".
(4) Section 6 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 75, is further amended by adding the following subsections: Police records check
(9) An application shall be accompanied by a police records check that is prepared and certified by an employee of an Ontario police force if the application discloses particulars described in clause (2) (g), (g.1), (h), (h.1) or (h.2). Same
(10) The police records check shall contain the particulars of,
(a) every criminal offence of which the person to whose name the application relates has been convicted, except an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada);
(b) every criminal offence of which the person to whose name the application relates has been found guilty and has been discharged, except an offence in respect of which the Criminal Records Act (Canada) requires that the record be purged;
(c) every criminal offence of which the person to whose name the application relates has been found guilty under the Young Offenders Act (Canada), except an offence in respect of which that Act requires that the record be destroyed;
(d) every outstanding law enforcement order against the person to whose name the application relates, including a warrant, prohibition order, restraining order, driver's licence suspension, probation order and parole order;
(e) every pending criminal charge, including every pending criminal charge under the Young Offenders Act (Canada), against the person to whose name the application relates. Disclosure of personal information
(11) An employee of a police force shall disclose personal information about an individual for the purpose of preparing a police records check that complies with subsection (10). Exception
(12) Subsection (9) does not apply in respect of a change of name that has been certified as described in subsection 8 (2) by the Attorney General or a person authorized by the Attorney General.
3. The Act is amended by adding the following section: Check with Ministry of the Solicitor General
7.1 (1) Despite any other Act, before registering a change of name requested under section 3 or registering or refusing a change of name requested under section 4 or 5, the Registrar General shall ask the Ministry of the Solicitor General if the Ministry has any information about the person to whose name the election or application relates that would be included in a police records check as described in subsection 6 (10) and the Ministry shall so advise the Registrar General. Personal information
(2) For the purpose of subsection (1), the Registrar General shall disclose to the Ministry of the Solicitor General the person's name and other personal information that will assist the Ministry in identifying the person and the Ministry of the Solicitor General and Registrar General shall collect personal information from each other, and subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply to any such collection of personal information. No name change consideration until police records check provided
(3) Subsections 3 (4), 7 (1) and 7 (2) do not apply if a police records check has not been provided as required by subsection 3 (3.1) or 6 (9), as the case may be, and the Ministry of the Solicitor General has advised the Registrar General that it has information about the person that would be included in a police records check, until the person electing or applying for a change of name provides the required police records check. Exception
(4) This section does not apply in respect of a change of name that has been certified as described in subsection 8 (2) by the Attorney General or a person authorized by the Attorney General. Same
(5) This section does not apply if the person to whose name the application relates is younger than a "young person" as defined in the Young Offenders Act (Canada).
4. (1) Subsection 8 (1) of the Act is amended by adding the following clause:
(b.1) cause notice of the change of name, together with a copy of the police records check that was provided by the person electing or applying for a change of name, to be given to the Ministry of the Solicitor General if the Registrar General was advised under section 7.1 that the Ministry of the Solicitor General has information about the person whose name has been changed that would be included in a police records check.
(2) Subclause 8 (1) (c) (iv) of the Act is amended by adding "other than a proceeding referred to in clause 6 (2) (h.2)" at the end.
(3) Section 8 of the Act is amended by adding the following subsections: Ministry of the Solicitor General, access to records
(1.1) Despite any other Act,
(a) the Registrar General may, on request from the Ministry of the Solicitor General, provide the Ministry with any information from records in the Registrar General's possession or control that may be relevant in determining whether there has been a change of name of a person and, if there has been a change of name of the person, any information from such records regarding or relevant to the change of name;
(b) the Registrar General may give the Ministry of the Solicitor General access to any or all the records in the Registrar General's possession or control in order to allow the Ministry to search for and obtain the information described in clause (a). Further notice by Ministry of the Solicitor General
(1.2) On receiving notice under clause (1) (b.1) or receiving or obtaining information under subsection (1.1), the Ministry of the Solicitor General may, despite any other Act, cause the information or notice of the change of name, together with any information in the police records check, to be given to the Ministry of Correctional Services, the Ministry of Transportation, any police force or any other ministry, agency or institution that, in the opinion of the Ministry, should know about the change of name for law enforcement or corrections purposes. Personal information
(1.3) Where a disclosure is made under subsection (1.1) or (1.2), the Registrar General and the Ministry of the Solicitor General shall disclose personal information about an individual and the Ministry of the Solicitor General and any ministry, agency or institution that receives information under subsection (1.2) shall collect such information and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to the collection of personal information under clause (1) (b.1) or subsection (1.1) or (1.2).
b Incidental information not to be disclosed
(1.4) The Ministry of the Solicitor General shall not, under subsection (1.2), give any information that it has obtained under clause (1.1) (b), other than information that may be relevant in determining whether there has been a change of name of a person or, if there has been a change of name of the person, any information regarding or relevant to the change of name. y
(4) Subsection 8 (2) of the Act is amended by inserting "and certifies that he or she has reviewed a police records check as described in subsection 6 (10) in respect of that person" after "relates" in the sixth line.
(5) Clause 8 (2) (b) of the Act is repealed and the following substituted:
(b) no notice of the change of name shall be published in The Ontario Gazette and no notice of the application or of the change of name shall be given to the Ministry of the Solicitor General or any person.
(6) Section 8 of the Act is amended by adding the following subsection: Same
(3) Subsection (1.1) does not apply in respect of a change of name that has been certified as described in subsection (2) by the Attorney General or a person authorized by the Attorney General.
5. (1) Subsection 10 (6) of the Act is amended by striking out "and" at the end of clause (b) and by adding the following clause:
(b.1) shall cause notice of the revocation to be given to the Ministry of the Solicitor General if the Ministry was given notice of the change of name under clause 8 (1) (b.1); and
. . . . .
(2) Section 10 of the Act is amended by adding the following subsection: Further notice
(7) On receiving notice under clause (6) (b.1), the Ministry of the Solicitor General shall give notice of the revocation to every ministry, police force, agency or institution to whom the Ministry had previously given notice under subsection 8 (1.2) and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to the collection of personal information under clause (6) (b.1) or this subsection. Ministry of Correctional Services Act
6. Section 10 of the Ministry of Correctional Services Act is amended by adding the following subsections: Exception
(2) Despite subsection (1) and any other Act, a person employed in the administration of this Act who is designated in the regulations may disclose personal information about an individual in accordance with the regulations.
b Purpose of disclosure
(2.1) Any disclosure made under subsection (2) shall be for one or more of the following purposes:
1. Protection of the public.
2. Protection of victims of crime.
3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them.
4. Law enforcement.
5. Correctional purposes.
6. Administration of justice.
7. Enforcement of and compliance with any federal or provincial Act, regulation or government program.
8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual. y Personal information
(3) Any disclosure made under subsection (2) shall be deemed to be in compliance with clause 42 (e) of the Freedom of Information and Protection of Privacy Act.
b Same
(4) If personal information is disclosed under subsection (2) to a ministry, agency or institution, the ministry, agency or institution shall collect such information and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to that collection of personal information. y
7. Section 60 of the Act is amended by adding the following clause:
(u) authorizing designated persons employed in the administration of this Act to disclose personal information about individuals and prescribing the nature of the information that may be disclosed, to whom it may be disclosed and the circumstances in which it may be disclosed. Police Services Act
8. Subsection 31 (1) of the Police Services Act, as amended by the Statutes of Ontario, 1995, chapter 4, section 4, is further amended by adding the following clause:
(f) establish policies respecting the disclosure by chiefs of police of personal information about individuals.
9. Section 41 of the Act, as amended by the Statutes of Ontario, 1995, chapter 4, section 4, is further amended by adding the following subsections: Power to disclose personal information
(1.1) Despite any other Act, a chief of police, or a person designated by him or her for the purpose of this subsection, may disclose personal information about an individual in accordance with the regulations.
b Purpose of disclosure
(1.1.1) Any disclosure made under subsection (1.1) shall be for one or more of the following purposes:
1. Protection of the public.
2. Protection of victims of crime.
3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them.
4. Law enforcement.
5. Correctional purposes.
6. Administration of justice.
7. Enforcement of and compliance with any federal or provincial Act, regulation or government program.
8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual. y Same
(1.2) Any disclosure made under subsection (1.1) shall be deemed to be in compliance with clauses 42 (e) of the Freedom of Information and Protection of Privacy Act and 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.
b Same
(1.3) If personal information is disclosed under subsection (1.1) to a ministry, agency or institution, the ministry, agency or institution shall collect such information and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to that collection of personal information. y
10. Subsection 135 (1) of the Act, as amended by the Statutes of Ontario, 1995, chapter 4, section 4, is further amended by adding the following paragraph:
20.1 prescribing the nature of the information that may be disclosed under subsection 41 (1.1) by a chief of police or a person designated by a chief of police, to whom it may be disclosed and the circumstances in which it may be disclosed. Commencement and Short Title Commencement
11. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. Short title
12. The short title of this Act is the Community Safety Act, 1997.