Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Full text
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an information manager or an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not the information manager, individual or organization is remunerated by the custodian, but does not include an employee of the custodian.(mandataire)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)
“Commissioner” Repealed: 2019, c.19, s.5
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“common or integrated service, program or activity” means a common or integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act.(service, programme ou activité commun ou intégré)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers who are not agents or employees of a custodian,
(c) the Minister,
(d) the following organizations or agencies:
(i) EM/ANB Inc.,
(ii) the New Brunswick Health and Senior Care Council,
(iii) Repealed: 2015, c.44, s.99
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) Repealed: 2017, c.30, s.2
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) Repealed: 2017, c.30, s.2
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” Repealed: 2017, c.31, s.71
“Minister” means the Minister of Health.(ministre)
“Ombud” means the Ombud appointed under section 2 of the Ombud Act.(ombud)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means a public body that compiles and links personal information or personal health information for the purposes of research, analysis or evidence-based decision-making.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6; 2015, c.44, s.99; 2016, c.53, s.26; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.31, s.71; 2017, c.45, s.5; 2019, c.19, s.5; 2022, c.61, s.20
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an information manager or an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not the information manager, individual or organization is remunerated by the custodian, but does not include an employee of the custodian.(mandataire)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)
“Commissioner” Repealed: 2019, c.19, s.5
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“common or integrated service, program or activity” means a common or integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act.(service, programme ou activité commun ou intégré)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers who are not agents or employees of a custodian,
(c) the Minister,
(d) the following organizations or agencies:
(i) EM/ANB Inc.,
(ii) the New Brunswick Health Council,
(iii) Repealed: 2015, c.44, s.99
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) Repealed: 2017, c.30, s.2
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) Repealed: 2017, c.30, s.2
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” Repealed: 2017, c.31, s.71
“Minister” means the Minister of Health.(ministre)
“Ombud” means the Ombud appointed under section 2 of the Ombud Act.(ombud)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means a public body that compiles and links personal information or personal health information for the purposes of research, analysis or evidence-based decision-making.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6; 2015, c.44, s.99; 2016, c.53, s.26; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.31, s.71; 2017, c.45, s.5; 2019, c.19, s.5
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an information manager or an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not the information manager, individual or organization is remunerated by the custodian, but does not include an employee of the custodian.(mandataire)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)
“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act. (commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“common or integrated service, program or activity” means a common or integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act.(service, programme ou activité commun ou intégré)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers who are not agents or employees of a custodian,
(c) the Minister,
(d) the following organizations or agencies:
(i) EM/ANB Inc.,
(ii) the New Brunswick Health Council,
(iii) Repealed: 2015, c.44, s.99
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) Repealed: 2017, c.30, s.2
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) Repealed: 2017, c.30, s.2
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” Repealed: 2017, c.31, s.71
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means a public body that compiles and links personal information or personal health information for the purposes of research, analysis or evidence-based decision-making.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6; 2015, c.44, s.99; 2016, c.53, s.26; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.31, s.71; 2017, c.45, s.5
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an information manager or an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not the information manager, individual or organization is remunerated by the custodian, but does not include an employee of the custodian.(mandataire)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)
“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act. (commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers who are not agents or employees of a custodian,
(c) the Minister,
(d) the following organizations or agencies:
(i) EM/ANB Inc.,
(ii) the New Brunswick Health Council,
(iii) Repealed: 2015, c.44, s.99
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) Repealed: 2017, c.30, s.2
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) Repealed: 2017, c.30, s.2
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” means an integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act. (service, programme ou activité intégré)
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means a public body that compiles and links personal information or personal health information for the purposes of research, analysis or evidence-based decision-making.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6; 2015, c.44, s.99; 2016, c.53, s.26; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.45, s.5
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an information manager or an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not the information manager, individual or organization is remunerated by the custodian, but does not include an employee of the custodian.(mandataire)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)
“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act. (commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers who are not agents or employees of a custodian,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) Repealed: 2015, c.44, s.99
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) Repealed: 2017, c.30, s.2
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) Repealed: 2017, c.30, s.2
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” means an integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act. (service, programme ou activité intégré)
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means a public body that compiles and links personal information or personal health information for the purposes of research, analysis or evidence-based decision-making.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6; 2015, c.44, s.99; 2016, c.53, s.26; 2017, c.29, s.1; 2017, c.30, s.2
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an information manager or an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not the information manager, individual or organization is remunerated by the custodian, but does not include an employee of the custodian.(mandataire)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers who are not agents or employees of a custodian,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) Repealed: 2015, c.44, s.99
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) Repealed: 2017, c.30, s.2
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) Repealed: 2017, c.30, s.2
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” means an integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act. (service, programme ou activité intégré)
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means a public body that compiles and links personal information or personal health information for the purposes of research, analysis or evidence-based decision-making.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6; 2015, c.44, s.99; 2017, c.29, s.1; 2017, c.30, s.2
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an information manager or an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not the information manager, individual or organization is remunerated by the custodian, but does not include an employee of the custodian.(mandataire)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers who are not agents or employees of a custodian,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) Repealed: 2015, c.44, s.99
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) Repealed: 2017, c.30, s.2
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) Repealed: 2017, c.30, s.2
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” means an integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act. (service, programme ou activité intégré)
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means an organization that has entered into an agreement with the Province for the purpose of compiling or analyzing statistical information to assist in the management, evaluation or monitoring of the allocation of resources, government service planning or delivery of a government service.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6; 2015, c.44, s.99; 2017, c.30, s.2
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not employed by the custodian or being remunerated. (mandataire)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) Repealed: 2015, c.44, s.99
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) information managers,
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) health care facilities,
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” means an integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act. (service, programme ou activité intégré)
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means an organization that has entered into an agreement with the Province for the purpose of compiling or analyzing statistical information to assist in the management, evaluation or monitoring of the allocation of resources, government service planning or delivery of a government service.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6; 2015, c.44, s.99
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not employed by the custodian or being remunerated. (mandataire)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) FacilicorpNB Ltd.,
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) information managers,
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) health care facilities,
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” means an integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act. (service, programme ou activité intégré)
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means an organization that has entered into an agreement with the Province for the purpose of compiling or analyzing statistical information to assist in the management, evaluation or monitoring of the allocation of resources, government service planning or delivery of a government service.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not employed by the custodian or being remunerated. (mandataire)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) FacilicorpNB Ltd.,
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) information managers,
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) health care facilities,
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“integrated service, program or activity” means an integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act. (service, programme ou activité intégré)
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means an organization that has entered into an agreement with the Province for the purpose of compiling or analyzing statistical information to assist in the management, evaluation or monitoring of the allocation of resources, government service planning or delivery of a government service.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not employed by the custodian or being remunerated. (mandataire)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) FacilicorpNB Ltd.,
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) information managers,
(e.1) research data centres,
(f) researchers conducting a research project approved in accordance with this Act,
(g) health care facilities,
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means an organization that has entered into an agreement with the Province for the purpose of compiling or analyzing statistical information to assist in the management, evaluation or monitoring of the allocation of resources, government service planning or delivery of a government service.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not employed by the custodian or being remunerated. (mandataire)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) FacilicorpNB Ltd.,
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) information managers,
(f) researchers conducting a research project approved in accordance with this Act,
(g) health care facilities,
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not employed by the custodian or being remunerated. (mandataire)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) FacilicorpNB Ltd.,
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) information managers,
(f) researchers conducting a research project approved in accordance with this Act,
(g) health care facilities,
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not employed by the custodian or being remunerated. (mandataire)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes(dépositaire)
(a) public bodies,
(b) health care providers,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) FacilicorpNB Ltd.,
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) information managers,
(f) researchers conducting a research project approved in accordance with this Act,
(g) health care facilities,
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1
Definitions
1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not employed by the custodian or being remunerated. (mandataire)
“Commissioner” means the Access to Information and Privacy Commissioner appointed under the Right to Information and Protection of Privacy Act or any person performing the duties and exercising the powers of the Access to Information and Privacy Commissioner under that Act.(commissaire)
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system and includes (dépositaire)
(a) public bodies,
(b) health care providers,
(c) the Minister,
(d) the following organizations or agencies:
(i) Ambulance New Brunswick Inc.,
(ii) the New Brunswick Health Council,
(iii) FacilicorpNB Ltd.,
(iv) regional health authorities,
(v) the Workplace Health, Safety and Compensation Commission, and
(vi) the Canadian Blood Services,
(e) information managers,
(f) researchers conducting a research project approved in accordance with this Act,
(g) health care facilities,
(h) a laboratory or a specimen collection centre,
(i) nursing homes and operators as those terms are defined in the Nursing Homes Act, and
(j) a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and(soins de santé)
(a) to diagnose, treat or maintain an individual’s physical or mental condition,
(b) to prevent disease or injury or to promote health, or
(c) as part of rehabilitative or palliative care,
and includes
(d) the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e) the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f) a health care service prescribed by regulation.
“health care facility” means(établissement de soins de santé)
(a) a hospital,
(b) a community health centre,
(c) a medical clinic,
(d) a pharmacy, and
(e) any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“identifying information” means information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.(renseignements identificatoires)
“information manager” means an individual or organization that on behalf of a custodian(gestionnaire de l’information)
(a) processes, stores, retrieves, archives or disposes of personal health information,
(b) de-identifies or otherwise transforms personal health information, or
(c) provides information management or information technology services.
“information practices” , in relation to a custodian, means the policy of the custodian governing actions in relation to personal health information, including(pratiques relatives aux renseignements)
(a) when, how and the purposes for which the custodian routinely collects, uses, modifies, discloses, retains or disposes of personal health information, and
(b) the administrative, technical and physical safeguards and practices that the custodian maintains with respect to the information.
“Minister” means the Minister of Health.(ministre)
“personal health information” means identifying information about an individual in oral or recorded form if the information (renseignements personnels sur la santé)
(a) relates to the individual’s physical or mental health, family history or health care history, including genetic information about the individual,
(b) is the individual’s registration information, including the Medicare number of the individual,
(c) relates to the provision of health care to the individual,
(d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual,
(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance,
(f) identifies the individual’s substitute decision-maker, or
(g) identifies an individual’s health care provider.
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“registration information” means information about an individual that is collected for the purpose of registering the individual for the provision of health care, and includes a health care number, hospital record number and any other identifier assigned to an individual.(renseignements d’inscription)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)