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P-7.05
- Personal Health Information Privacy and Access Act
Detailled Table of Contents
Current to 1 January 2024
Personal Health Information Privacy and Access Act
1
INTERPRETATION, PURPOSES AND APPLICATION
1
Definitions
2
Purposes
3
Application
4
Conflict with another Act
5
Application of the Medical Consent of Minors Act
6
Right to Information and Protection of Privacy Act
2
ACCESS TO PERSONAL HEALTH INFORMATION
A
Right to examine or copy personal health information
7
Right to examine or copy personal health information
8
Duty to assist an individual
9
Official languages
10
Custodian’s response
11
Transferring a request to another custodian
12
Custodian shall take precautions about release
13
Fees
14
Reasons for refusing request
B
Correction of personal health information
15
Right to request a correction
C
Informal Access
16
Informal access
3
CONSENT RE PERSONAL HEALTH INFORMATION
A
General
17
Elements of consent
18
Implied, knowledgeable and continuing consent
19
Express consent
20
Conditional consent
21
Assumption of validity
22
Refusal to consent or withdrawal of consent
B
Capacity to consent
23
Capacity to consent
24
Determination of incapacity
24.1
Challenging capacity to consent by a psychiatrist
25
Substitute decision-maker and the exercise of rights by a personal representative
25.1
Substitute consent under the Mental Health Act
26
Factors to consider for consent
4
COLLECTION, USE AND DISCLOSURE OF PERSONAL HEALTH INFORMATION
A
Restrictions on the collection of information
27
General duties of custodians
28
Source of information
29
Scope of collection
30
De-identified information
31
Notice of collection practices
B
Restrictions on the use of information
32
General duties of custodians
33
De-identified information
34
Permitted uses
C
Restrictions on disclosure of information
35
General duties of custodians
36
De-identified information
37
Disclosure for health related purposes
38
Disclosure for health care programs or other programs
39
Disclosure re health and safety
40
Disclosure re proceedings
41
Disclosure for enforcement purposes
42
Disclosure required by law
43
Disclosure for research purposes
43.1
Disclosure to a research data centre
44
Disclosure of registration information
45
Monitoring health care payments
46
Maintaining disclosure information
47
Disclosure outside the Province
48
Medicare number
D
Information practices, policy, procedures and security
49
Information practices
50
Security safeguards
51
Power to transform personal health information
52
Agents and information managers
53
Accuracy of information
54
Ceasing operation as a custodian
55
Requirements for retention, storage and secure destruction of information
56
Privacy impact assessment
57
Data matching
5
COMMISSIONER
Repealed: 2016, c.53, s.26
58
Oath of Commissioner
59
Staff
60
Delegation of duties or powers
61
Powers under the Inquiries Act
62
Right of entry
63
Duties and powers of the Commissioner
64
Commissioner’s report
65
Protection from legal action
5.1
DUTIES AND POWERS OF OMBUD
65.1
Right of entry
65.2
Duties and powers of the Ombud
65.3
Ombud’s report
6
REVIEW
66
Referral to Court of King’s Bench
67
Decision of the Court of King’s Bench
68
Complaint filed with the Ombud
69
Investigation
70
Refusal to investigate
71
Production of records
72
Time limit for investigation
73
Report
74
Complying with the recommendation
75
Right to appeal
7
GENERAL PROVISIONS
76
Offences
77
Defence
78
Immunity
79
Regulations
8
REVIEW AND COMMENCEMENT
80
Review of this Act
81
Commencement