General duties of custodians
27(1)A custodian may collect personal health information relating to an individual if
(a)
the custodian has the individual’s consent under this Act and the collection, to the best of the custodian’s knowledge, is necessary for a lawful purpose, or
(b)
the collection is permitted or required by this Act.
27(2)Despite paragraph (1)(
a), a custodian may collect personal health information relating to an individual without that individual’s consent if the individual is incapable of providing consent and
(a)
consent can not be obtained because
(i)
there is no substitute decision-maker who can provide consent in a timely manner, or
(ii)
the individual has been admitted to a psychiatric facility as an involuntary patient under the
Mental Health Act, or
(b)
the collection is necessary for the provision of health care to the individual.
27(2.01)Despite paragraph (1)(a), a District Education Council, through the superintendent of the school district, may collect personal health information relating to an individual without that individual’s consent if the collection is
(a)
for the purpose of delivering public education under the
Education Act, or
(b)
to obtain proof of immunization under subsection 42.1(1) or (6) of the
Public Health Act.
27(2.1)Despite paragraph (1)(
a), a public body or custodian that is a health care provider may collect personal health information relating to an individual without that individual’s consent if the collection is for the purposes of delivering a common or integrated service, program or activity.
2013, c.47, s.6; 2017, c.30, s.2; 2017, c.31, s.71; 2019, c.22, s.1