Bill 194 explained in plain English
Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 43rd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
The Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 enhances cyber security and responsible AI use in Ontario's public sector, while also updating privacy protection measures and reporting requirements under the Freedom of Information and Protection of Privacy Act.
This Act, titled the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, aims to enhance cyber security, promote responsible use of artificial intelligence in the public sector, and protect digital information related to individuals under 18. It enacts a new law, the Enhancing Digital Security and Trust Act, 2024, and makes changes to the Freedom of Information and Protection of Privacy Act. The new Act allows for regulations on cyber security programs, standards, and directives for public sector entities. It also sets requirements for public sector entities using artificial intelligence systems, including information disclosure, accountability frameworks, and risk management. Additionally, it addresses the collection, use, retention, and disclosure of digital information concerning individuals under 18 by children's aid societies and school boards. The amendments to the Freedom of Information and Protection of Privacy Act introduce new definitions, require more detailed reporting on personal information breaches, mandate privacy impact assessments before collecting personal information, and strengthen the Commissioner's powers to review information practices. The Act also introduces provisions for whistleblowing and allows for collaboration between the Commissioner and other privacy commissioners.
- Enacts the Enhancing Digital Security and Trust Act, 2024.
- Amends the Freedom of Information and Protection of Privacy Act.
- Establishes regulations for cyber security at public sector entities, potentially including requirements for programs and reporting on incidents.
- Introduces requirements for public sector entities regarding the use of artificial intelligence systems, such as providing information, developing accountability frameworks, and managing risks.
- Allows for regulations concerning the collection, use, retention, and disclosure of digital information related to individuals under 18 by children's aid societies and school boards.
- Amends the Freedom of Information and Protection of Privacy Act to add a definition for 'information practices'.
- Modifies reporting requirements under the Freedom of Information and Protection of Privacy Act to include statistics on theft, loss, or unauthorized use/disclosure of personal information.
- Introduces a requirement for privacy impact assessments before collecting personal information and mandates steps to protect against data breaches.
- Requires public sector institutions to report personal information breaches to the Information and Privacy Commissioner and affected individuals if there's a risk of significant harm.
- Authorizes the Information and Privacy Commissioner to review an institution's information practices.
- Amends provisions related to the disclosure of information under the Freedom of Information and Protection of Privacy Act.
- Introduces a 'whistleblowing' provision to protect individuals who report contraventions of the Act to the Commissioner.
- Allows the Information and Privacy Commissioner to consult and make agreements with other privacy commissioners.
- Specifies that the Act does not establish a private law duty of care.
- Public sector entities in Ontario (including government institutions, municipal institutions, children's aid societies, and school boards)
- Individuals whose personal information is held by public sector entities
- The Information and Privacy Commissioner of Ontario
- Children's aid societies
- School boards
- Public sector entities may be required to develop and implement cyber security programs.
- Public sector entities may be required to comply with specific requirements for using artificial intelligence systems, including accountability frameworks and risk management.
- Heads of institutions must conduct privacy impact assessments before collecting personal information.
- Heads of institutions must take reasonable steps to protect personal information from breaches.
- Institutions must report personal information breaches to the Commissioner and, in certain cases, to affected individuals.
- Individuals have the right to be notified of breaches of their personal information if there is a risk of significant harm.
- Individuals can make a complaint to the Commissioner regarding information practices.
- Whistleblowers reporting contraventions are protected, and their identity must be kept confidential by the Commissioner.
- The Act received Royal Assent on November 25, 2024.
- The Act (Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024) comes into force on the day it receives Royal Assent, except for its schedules.
- Schedule 1 (Enhancing Digital Security and Trust Act, 2024) comes into force on a day to be named by proclamation of the Lieutenant Governor.
- Sections 1 to 14 of Schedule 2 (amendments to Freedom of Information and Protection of Privacy Act) come into force on a day to be named by proclamation of the Lieutenant Governor.
- Failure to comply with the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, or regulations/directives made under it, does not affect the validity of policies, Acts, regulations, directives, instruments, or decisions.
- Specific details regarding requirements for cyber security programs, artificial intelligence use, and digital information handling for individuals under 18 will be established through regulations made by the Lieutenant Governor in Council or the Minister.
- The commencement date for Schedule 1 and certain sections of Schedule 2 is not yet proclaimed and will be announced by proclamation of the Lieutenant Governor.
- The Act states that it does not establish a private law duty of care.
- If there is a conflict between this Act or its regulations and another Act or regulation, the provision in the other Act or regulation prevails, unless specified otherwise.
- In case of conflict between a directive under this Act and a directive from the Management Board of Cabinet, the Management Board of Cabinet's directive prevails.
This Act enacts the Enhancing Digital Security and Trust Act, 2024, which addresses cyber security and artificial intelligence in the public sector, and also amends the Freedom of Information and Protection of Privacy Act.
Source: SCHEDULE 1
This Act is enacted as part of the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, and governs cyber security, artificial intelligence, and digital technology affecting individuals under 18 within public sector entities.
Source: SCHEDULE 1, Section 18
This Act makes several amendments to the Freedom of Information and Protection of Privacy Act, including adding definitions, modifying reporting requirements for data breaches, and enhancing the powers of the Information and Privacy Commissioner.
Source: SCHEDULE 2
Adds a definition for 'information practices' to this section.
Source: SCHEDULE 2, Section 1
Repeals the existing subsection and substitutes it with a requirement for the head of an institution to provide an annual report to the Commissioner.
Source: SCHEDULE 2, Section 3 (1)
Amends this subsection to require the annual report to specify the number of thefts, losses, or unauthorized uses/disclosures of personal information recorded under a new section.
Source: SCHEDULE 2, Section 3 (2)
Amends this section to add a subsection requiring the annual report to be provided by a specified date and in a specified form and manner.
Source: SCHEDULE 2, Section 3 (3)
Amends this subsection to reference a new privacy safeguard provision.
Source: SCHEDULE 2, Section 4 (1)
Amends this section to require a privacy impact assessment before collecting personal information, including details on purpose, legal authority, safeguards, and risk mitigation.
Source: SCHEDULE 2, Section 4 (2)
Introduces a new subsection requiring heads of institutions to take reasonable steps to protect personal information from theft, loss, or unauthorized use/disclosure and to protect records from unauthorized access or modification.
Source: SCHEDULE 2, Section 5
Adds a new section requiring institutions to report breaches of personal information to the Commissioner and affected individuals under certain conditions and to maintain records of breaches.
Source: SCHEDULE 2, Section 6
Adds a new section authorizing the Commissioner to conduct reviews of an institution's information practices, including informal dispute resolution and ordering corrective actions.
Source: SCHEDULE 2, Section 7
Amends this subsection to reference new sections related to Commissioner reviews and orders.
Source: SCHEDULE 2, Section 8
Amends this subsection to allow for information disclosure for prescribed purposes.
Source: SCHEDULE 2, Section 9
Adds a new section requiring the Commissioner to keep confidential the identity of whistleblowers who report contraventions.
Source: SCHEDULE 2, Section 10
Amends this subsection to include the number of complaints received and reviews conducted under a new section in the Commissioner's annual report.
Source: SCHEDULE 2, Section 11
Repeals clause (b) of this section.
Source: SCHEDULE 2, Section 12 (1)
Amends this section to authorize the Commissioner to consult with law enforcement officers and other privacy officials, and to enter into agreements for coordination and research.
Source: SCHEDULE 2, Section 12 (2)
Amends this subsection to allow for regulations governing privacy impact assessments and prescribing purposes for disclosure.
Source: SCHEDULE 2, Section 13
Amends this clause to change 'disclose' to 'collect, use or disclose'.
Source: SCHEDULE 2, Section 14
Amends this section by updating the definition of 'customer service information' and authorizing service provider organizations to retain and use this information for designated services with consent.
Source: SCHEDULE 2, Section 15
The Lieutenant Governor in Council may make regulations governing cyber security at prescribed public sector entities, including requiring programs, setting standards, and mandating reporting on incidents.
Source: SCHEDULE 1, Section 2
The Lieutenant Governor in Council may make regulations for children's aid societies and school boards regarding the collection, use, retention, and disclosure of digital information related to individuals under 18, including setting technical standards and prohibiting certain activities.
Source: SCHEDULE 1, Section 9
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textProcess Snapshot
Vote Summary
This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.
No published representative vote breakdown
The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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