Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Full text
Implied, knowledgeable and continuing consent
18(1)Unless it is not reasonable in the circumstances to make the assumption, a custodian is entitled to assume that he or she has the individual’s implied consent, and to assume the consent is knowledgeable, to collect or use the individual’s personal health information or to disclose that information to another custodian or person for the purpose of providing health care to that individual.
18(2)If a custodian receives personal health information relating to an individual from the individual, the individual’s substitute decision-maker or another custodian for the purpose referred to in subsection (1), the custodian is entitled to assume that he or she has the individual’s continuing implied consent to collect, use or disclose the personal health information for that purpose, unless the custodian that receives the personal health information is aware that the individual has expressly withheld or withdrawn the consent.
Implied, knowledgeable and continuing consent
18(1)Unless it is not reasonable in the circumstances to make the assumption, a custodian is entitled to assume that he or she has the individual’s implied consent, and to assume the consent is knowledgeable, to collect or use the individual’s personal health information or to disclose that information to another custodian or person for the purpose of providing health care to that individual.
18(2)If a custodian receives personal health information relating to an individual from the individual, the individual’s substitute decision-maker or another custodian for the purpose referred to in subsection (1), the custodian is entitled to assume that he or she has the individual’s continuing implied consent to collect, use or disclose the personal health information for that purpose, unless the custodian that receives the personal health information is aware that the individual has expressly withheld or withdrawn the consent.