Anti-Racism Act, 2017

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; (“r…

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 most adversely impacted by systemic racism, including Indigenous and Black communities. Same (4) 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, an…

3 (1) The Minister shall prepare progress reports on the anti-racism strategy which shall include information on the strategy’s initiatives, targets and indicators. Deadline for reports (2) 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.

4 (1) At least every five years, the Government of Ontario shall review the anti-racism strategy. Consultation (2) As part of the review, the Minister, (a) shall inform the public that the strategy is being reviewed and solicit the views of the public with respect to the strategy; and (b) 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. Same (3) 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). Amendment of the strategy (4) After a review is completed, the Government of Ontario shall do one of the following: 1. Amend the stra…

5 (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. Same (2) 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). Amendment of the strategy (3) After the consultation, the Minister may amend the strategy, but the Minister may not amend any of its targets or indicators.

6 (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. Required content (2) The data standards shall provide for, (a) 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; (b) the use, including the analysis, of information, including personal information; (c) the de-identification of personal information and the disclosure of de-identified information; (d) reporting on the use, including the analysis, of information, including personal information; and (e) the reten…

7 (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). Purpose of collection (2) The purpose for collecting the personal information under this Act is to eliminate systemic racism and advance racial equity. Manner of collection (3) 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. Notice to individual — direct collection (4) 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, (a) the purpose for which the personal information is intended to be used;…

8 (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). Circumstances for disclosing personal information (2) The public sector organization may disclose collected personal information to a researcher for a research purpose if the researcher, (a) submits to the public sector organization, (i) an application in writing, (ii) a research plan that meets the requirements of subsection (3), and (iii) a copy of the decision of a research ethics board that approves the research plan; and (b) enters into an agreement with the public sector organization that complies with the requirements prescribed by regulation for the purposes of this clause. Research plan (3) A research plan must be in writing and must set out, (a) the affiliati…

9 (1) If a public sector organization is required or authorized to collect personal information under a regulation made under clause 6 (5) (a) or (b), the organization may use, for the purpose specified in subsection 7 (2), other personal information it has lawfully collected. Limit on use (2) The public sector organization shall use personal information as allowed under subsection (1) only in accordance with the applicable data standards. Further limits on use (3) 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. Use deemed to comply with other Acts (4) The use of personal information as allowed under subsection (1) is deemed to comply with section 41 of t…

10 (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, (a) 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 (b) 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. Duty to assist (2) The public sector organization shall co-operate with and assist the Commissioner in the conduct of the review under subsection (1). Powers of Commissioner (3) The Commissioner may require the production of such information and reco…

11 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.

12 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.

13 (1) The Minister, with the approval of the Lieutenant Governor in Council, shall establish an anti-racism impact assessment framework to be used, (a) in assessing potential racial equity impacts and outcomes of policies and programs; and (b) in developing, reviewing and revising policies and programs to mitigate, remedy or prevent inequitable racial impacts and outcomes and to advance racial equity. Required content (2) The anti-racism impact assessment framework shall provide for, (a) 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); (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 (c) public notice and public reporting. Amendments (3) The Minister, with the…

14 The Minister shall publish on a Government of Ontario website, (a) the anti-racism strategy, as amended, replaced or continued; (b) each progress report required under section 3; (c) the data standards established under section 6, as amended; and (d) the anti-racism impact assessment framework established under section 13, as amended.

15 (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. Functions of Directorate (2) The Directorate shall assist the Minister in carrying out the Minister’s duties under this Act. Employees (3) 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.

16 Omitted (provides for amendments to this Act).

17 Omitted (provides for coming into force of provisions of this Act).

18 Omitted (enacts short title of this Act). ______________