Canada’s child protection laws, a 2023 cross-jurisdictional review: Executive summary
On this page
- Protecting children across Canada
- Background
- Inside the report
- Key highlights
- Conclusion
- Full report available
Protecting children across Canada
The 2023 edition of the Provincial and Territorial Child Protection Legislation and Policy report offers a detailed overview of how child protection laws and policies vary across Canada's provinces and territories. This updated report reflects legislative changes made between 2018 and 2023, with an increased emphasis on Indigenous child welfare, data sharing, and children's rights.
Background
The document was a collaborative effort between the Department of Justice Canada and Public Health Agency of Canada (PHAC).
It serves as a practical resource for decision-makers, public health professionals and researchers seeking to understand child protection frameworks across jurisdictions.
This initiative responded to a key objective set by PHAC's Child Maltreatment Surveillance and Research Working Group, which includes representatives from federal, provincial, and territorial governments, Indigenous organizations, and child maltreatment and child welfare experts.
The Working Group also oversees data-related activities linked to legislation. This includes the Canadian Child Welfare Information System, a national database that generates statistics and trends about children and youth in out-of-home care.
Following the release of the first edition of the Provincial and territorial child protection legislation and policy report in 2018, the Working Group committed to updating the document.
Because the report simplifies complex legal and policy frameworks, users are encouraged to consult original sources for the most current and accurate information.
Inside the report
The report is organized into 15 sections, each addressing a key aspect of child protection.
- Legislation and Regulations: Updates to provincial and territorial child protection laws
- Information Sharing: Rules for using child welfare data in research and statistics
- Federal Indigenous Child Welfare Act: Summary and impact of the 2020 legislation
- Non-Legislative Changes: Practice-level reforms and policy shifts
- Age of Protection: Age of protection, by jurisdiction
- Grounds for Intervention: Legal reasons for child protection involvement
- Indigenous Child Welfare Agencies: Delegated authority and services
- Duty to Report: Mandatory reporting requirements and penalties
- False Reporting: Legal consequences and protections
- Verification Standards: How abuse is confirmed
- Inter-Agency Protocols: Collaboration between services
- Child Advocacy Centres: Locations and roles across Canada
- UN Convention on the Rights of the Child: Legislative references
- Independent Child Advocates: Ombudspersons and advocacy offices
- Culture and Indigenous Heritage: How laws consider cultural identity and best interests
Key highlights
Indigenous rights and cultural continuity
Many jurisdictions have updated their laws to align with the federal Act respecting First Nations, Inuit and Métis children, youth and families, recognizing the inherent right to self-government and prioritizing cultural continuity in child placements.
Data sharing for research
All provinces and territories have frameworks for sharing child protection data with varying privacy safeguards. Alberta is the only jurisdiction that mandates public reporting of child welfare statistics.
Age of protection
Children are eligible for protection services under the ages of 16 to 19, depending on the jurisdiction.
Newfoundland and Labrador, Saskatchewan, Northwest Territories, and Nunavut define eligibility for protection as being under the age of 16.
Most jurisdictions allow youth aged 16 to 18 to enter into voluntary service agreements when they cannot live safely at home.
Extended support services
Available in many regions for young adults who were previously in care, with some provinces and territories offering assistance up to ages 21, 23, 25 or 27.
These supports often include housing, education, and life skills programs to help youth transition to adulthood.
Duty to report
Mandatory reporting of suspected child abuse is universal. Penalties for failure to report range from fines to imprisonment.
Most jurisdictions protect reporters from legal action unless the report is made maliciously.
Verification standards
Most provinces use a "balance of probabilities" standard to determine whether maltreatment occurred.
Terms like "substantiated," "verified" or "confirmed" are commonly used.
Child advocacy centres
These centres exist in nearly every province and territory, offering coordinated support for children affected by abuse. Some are still in development.
UN Convention on the Rights of the Child
The Convention is explicitly referenced in the legislation of 6 jurisdictions. They reinforce children's rights to safety, participation and cultural identity.
Conclusion
This report reflects Canada's ongoing efforts to strengthen child protection systems, promote equity, and uphold the rights of Indigenous children and communities. It highlights both progress and areas for continued collaboration, particularly in data transparency, service integration, and culturally responsive care.
Full report available
The full version of this report is available through Government of Canada Publications.
Provincial and Territorial Child Protection Legislation and Policy- 2023