28A custodian shall collect personal health information directly from the individual to whom the information relates except if
(a)
the individual has authorized another method of collection,
(b)
collection of the information directly from the individual could reasonably be expected to endanger the health or safety of the individual or another person,
(c)
collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual,
(d)
collection of the information directly from the individual could reasonably be expected to result in the collection of inaccurate information,
(e)
the custodian collects the information for the purpose of a research project that has been approved by a research review body under section 43,
(f)
another method is authorized or required by a court order, an Act of the Legislature or the Parliament of Canada or a treaty, agreement or arrangement made under an Act of the Legislature or the Parliament of Canada,
(g)
the individual is unable to provide the information and a substitute decision-maker is acting on behalf of and in the place of the individual,
(h)
the information is to be collected for the purpose of assembling a family or genetic history and the information collected will be used in the context of providing a health service to the individual,
(i)
the information is collected for the purpose of
(i)
determining the individual’s eligibility to participate in a health care program or to receive a benefit, product or health care service from a custodian and the information is collected in the course of processing an application made by or for the individual who is the subject of the information, or
(ii)
verifying the eligibility of an individual who is participating in a health care program or receiving a benefit, product or health care service from a custodian to participate in the program or to receive the benefit, product or service,
(j)
the custodian is a regional health authority, the board of directors or management personnel of a regional health authority or any member of any administrative or advisory committee established in accordance with the by-laws of a regional health authority and is collecting the information for a purpose authorized by law that relates to
(i)
the investigation of a breach of an agreement or a contravention or an alleged contravention of the laws of the Province or of Canada,
(ii)
the conduct of a proceeding or a possible proceeding, or
(iii)
a function of the custodian under this Act,
(k)
paragraph (j) also applies to a custodian who is a Minister of the Crown for the purposes set out in that paragraph when engaged in a function related to the delivery or administration of health care in the Province,
(l)
the custodian collects information for the purpose of analysis or compiling statistical information respecting the management, evaluation or monitoring of the allocation of resources to, or planning for all or part of, the health care system, including the delivery of services, and the person from whom the information is collected has in place practices and procedures to protect the privacy of the individual whose personal health information it receives and to maintain the confidentiality of the information,
(l.1)
the custodian is the Minister of Education and Early Childhood Development and collects the personal health information from a District Education Council, through the superintendent of the school district, for the purpose of
(i)
delivering public education,
(ii)
managing or administering school personnel employed in accordance with section 47.1 of the Education Act, or
(iii)
obtaining proof of immunization under subsection 42.1(6) of the Public Health Act.
(m)
the custodian is the Minister and is collecting personal health information from another custodian for the purposes of creating or maintaining an electronic health record,
(m.1)
the custodian is the Minister and is collecting personal health information from another custodian for the purposes of establishing or maintaining the notifiable disease registry or the immunization registry under the Public Health Act, or
(n)
the custodian is the Minister, a research data centre or a researcher and is collecting the information from another custodian for the purpose of a research project that has been approved in accordance with an agreement referred to in paragraph 43.1(a).
28A custodian shall collect personal health information directly from the individual to whom the information relates except if
(a)
the individual has authorized another method of collection,
(b)
collection of the information directly from the individual could reasonably be expected to endanger the health or safety of the individual or another person,
(c)
collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual,
(d)
collection of the information directly from the individual could reasonably be expected to result in the collection of inaccurate information,
(e)
the custodian collects the information for the purpose of a research project that has been approved by a research review body under section 43,
(f)
another method is authorized or required by a court order, an Act of the Legislature or the Parliament of Canada or a treaty, agreement or arrangement made under an Act of the Legislature or the Parliament of Canada,
(g)
the individual is unable to provide the information and a substitute decision-maker is acting on behalf of and in the place of the individual,
(h)
the information is to be collected for the purpose of assembling a family or genetic history and the information collected will be used in the context of providing a health service to the individual,
(i)
the information is collected for the purpose of
(i)
determining the individual’s eligibility to participate in a health care program or to receive a benefit, product or health care service from a custodian and the information is collected in the course of processing an application made by or for the individual who is the subject of the information, or
(ii)
verifying the eligibility of an individual who is participating in a health care program or receiving a benefit, product or health care service from a custodian to participate in the program or to receive the benefit, product or service,
(j)
the custodian is a regional health authority, the board of directors or management personnel of a regional health authority or any member of any administrative or advisory committee established in accordance with the by-laws of a regional health authority and is collecting the information for a purpose authorized by law that relates to
(i)
the investigation of a breach of an agreement or a contravention or an alleged contravention of the laws of the Province or of Canada,
(ii)
the conduct of a proceeding or a possible proceeding, or
(iii)
a function of the custodian under this Act,
(k)
paragraph (j) also applies to a custodian who is a Minister of the Crown for the purposes set out in that paragraph when engaged in a function related to the delivery or administration of health care in the Province,
(l)
the custodian collects information for the purpose of analysis or compiling statistical information respecting the management, evaluation or monitoring of the allocation of resources to, or planning for all or part of, the health care system, including the delivery of services, and the person from whom the information is collected has in place practices and procedures to protect the privacy of the individual whose personal health information it receives and to maintain the confidentiality of the information,
(l.1)
the custodian is the Minister of Education and Early Childhood Development and is collecting personal health information from a District Education Council, through the superintendent of the school district, for the purpose of
(i)
delivering public education, or
(ii)
managing or administering school personnel employed in accordance with section 47.1 of the Education Act,
(m)
the custodian is the Minister and is collecting personal health information from another custodian for the purposes of creating or maintaining an electronic health record, or
(n)
the custodian is the Minister, a research data centre or a researcher and is collecting the information from another custodian for the purpose of a research project that has been approved in accordance with an agreement referred to in paragraph 43.1(a).
28A custodian shall collect personal health information directly from the individual to whom the information relates except if
(a)
the individual has authorized another method of collection,
(b)
collection of the information directly from the individual could reasonably be expected to endanger the health or safety of the individual or another person,
(c)
collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual,
(d)
collection of the information directly from the individual could reasonably be expected to result in the collection of inaccurate information,
(e)
the custodian collects the information from a person who is not a custodian for the purpose of carrying out a research project that has been approved by a research review body under section 43,
(f)
another method is authorized or required by a court order, an Act of the Legislature or the Parliament of Canada or a treaty, agreement or arrangement made under an Act of the Legislature or the Parliament of Canada,
(g)
the individual is unable to provide the information and a substitute decision-maker is acting on behalf of and in the place of the individual,
(h)
the information is to be collected for the purpose of assembling a family or genetic history and the information collected will be used in the context of providing a health service to the individual,
(i)
the information is collected for the purpose of
(i)
determining the individual’s eligibility to participate in a health care program or to receive a benefit, product or health care service from a custodian and the information is collected in the course of processing an application made by or for the individual who is the subject of the information, or
(ii)
verifying the eligibility of an individual who is participating in a health care program or receiving a benefit, product or health care service from a custodian to participate in the program or to receive the benefit, product or service,
(j)
the custodian is a regional health authority, the board of directors or management personnel of a regional health authority or any member of any administrative or advisory committee established in accordance with the by-laws of a regional health authority and is collecting the information for a purpose authorized by law that relates to
(i)
the investigation of a breach of an agreement or a contravention or an alleged contravention of the laws of the Province or of Canada,
(ii)
the conduct of a proceeding or a possible proceeding, or
(iii)
a function of the custodian under this Act,
(k)
paragraph (j) also applies to a custodian who is a Minister of the Crown for the purposes set out in that paragraph when engaged in a function related to the delivery or administration of health care in the Province,
(l)
the custodian collects information for the purpose of analysis or compiling statistical information respecting the management, evaluation or monitoring of the allocation of resources to, or planning for all or part of, the health care system, including the delivery of services, and the person from whom the information is collected has in place practices and procedures to protect the privacy of the individual whose personal health information it receives and to maintain the confidentiality of the information,
(l.1)
the custodian is the Minister of Education and Early Childhood Development and is collecting personal health information from a District Education Council, through the superintendent of the school district, for the purpose of
(i)
delivering public education, or
(ii)
managing or administering school personnel employed in accordance with section 47.1 of the Education Act,
(m)
the custodian is the Minister and is collecting personal health information from another custodian for the purposes of creating or maintaining an electronic health record, or
(n)
the custodian is the Minister and is collecting personal health information from another custodian to use the personal health information, including the use to perform data matching, for the purpose of research conducted under section 43 or conducted by a research data centre.
28A custodian shall collect personal health information directly from the individual to whom the information relates except if
(a)
the individual has authorized another method of collection,
(b)
collection of the information directly from the individual could reasonably be expected to endanger the health or safety of the individual or another person,
(c)
collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual,
(d)
collection of the information directly from the individual could reasonably be expected to result in the collection of inaccurate information,
(e)
the custodian collects the information from a person who is not a custodian for the purpose of carrying out a research project that has been approved by a research review body under section 43,
(f)
another method is authorized or required by a court order, an Act of the Legislature or the Parliament of Canada or a treaty, agreement or arrangement made under an Act of the Legislature or the Parliament of Canada,
(g)
the individual is unable to provide the information and a substitute decision-maker is acting on behalf of and in the place of the individual,
(h)
the information is to be collected for the purpose of assembling a family or genetic history and the information collected will be used in the context of providing a health service to the individual,
(i)
the information is collected for the purpose of
(i)
determining the individual’s eligibility to participate in a health care program or to receive a benefit, product or health care service from a custodian and the information is collected in the course of processing an application made by or for the individual who is the subject of the information, or
(ii)
verifying the eligibility of an individual who is participating in a health care program or receiving a benefit, product or health care service from a custodian to participate in the program or to receive the benefit, product or service,
(j)
the custodian is a regional health authority, the board of directors or management personnel of a regional health authority or any member of any administrative or advisory committee established in accordance with the by-laws of a regional health authority and is collecting the information for a purpose authorized by law that relates to
(i)
the investigation of a breach of an agreement or a contravention or an alleged contravention of the laws of the Province or of Canada,
(ii)
the conduct of a proceeding or a possible proceeding, or
(iii)
a function of the custodian under this Act,
(k)
paragraph (j) also applies to a custodian who is a Minister of the Crown for the purposes set out in that paragraph when engaged in a function related to the delivery or administration of health care in the Province,
(l)
the custodian collects information for the purpose of analysis or compiling statistical information respecting the management, evaluation or monitoring of the allocation of resources to, or planning for all or part of, the health care system, including the delivery of services, and the person from whom the information is collected has in place practices and procedures to protect the privacy of the individual whose personal health information it receives and to maintain the confidentiality of the information,
(m)
the custodian is the Minister and is collecting personal health information from another custodian for the purposes of creating or maintaining an electronic health record, or
(n)
the custodian is the Minister and is collecting personal health information from another custodian to use the personal health information, including the use to perform data matching, for the purpose of research conducted under section 43 or conducted by a research data centre.
28A custodian shall collect personal health information directly from the individual to whom the information relates except if
(a)
the individual has authorized another method of collection,
(b)
collection of the information directly from the individual could reasonably be expected to endanger the health or safety of the individual or another person,
(c)
collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual,
(d)
collection of the information directly from the individual could reasonably be expected to result in the collection of inaccurate information,
(e)
the custodian collects the information from a person who is not a custodian for the purpose of carrying out a research project that has been approved by a research review body under section 43,
(f)
another method is authorized or required by a court order, an Act of the Legislature or the Parliament of Canada or a treaty, agreement or arrangement made under an Act of the Legislature or the Parliament of Canada,
(g)
the individual is unable to provide the information and a substitute decision-maker is acting on behalf of and in the place of the individual,
(h)
the information is to be collected for the purpose of assembling a family or genetic history and the information collected will be used in the context of providing a health service to the individual,
(i)
the information is collected for the purpose of
(i)
determining the individual’s eligibility to participate in a health care program or to receive a benefit, product or health care service from a custodian and the information is collected in the course of processing an application made by or for the individual who is the subject of the information, or
(ii)
verifying the eligibility of an individual who is participating in a health care program or receiving a benefit, product or health care service from a custodian to participate in the program or to receive the benefit, product or service,
(j)
the custodian is a regional health authority, the board of directors or management personnel of a regional health authority or any member of any administrative or advisory committee established in accordance with the by-laws of a regional health authority and is collecting the information for a purpose authorized by law that relates to
(i)
the investigation of a breach of an agreement or a contravention or an alleged contravention of the laws of the Province or of Canada,
(ii)
the conduct of a proceeding or a possible proceeding, or
(iii)
a function of the custodian under this Act,
(k)
paragraph (j) also applies to a custodian who is a Minister of the Crown for the purposes set out in that paragraph when engaged in a function related to the delivery or administration of health care in the Province,
(l)
the custodian collects information for the purpose of analysis or compiling statistical information respecting the management, evaluation or monitoring of the allocation of resources to, or planning for all or part of, the health care system, including the delivery of services, and the person from whom the information is collected has in place practices and procedures to protect the privacy of the individual whose personal health information it receives and to maintain the confidentiality of the information, or
(m)
the custodian is the Minister and is collecting personal health information from another custodian for the purposes of creating or maintaining an electronic health record.
28A custodian shall collect personal health information directly from the individual to whom the information relates except if
(a)
the individual has authorized another method of collection,
(b)
collection of the information directly from the individual could reasonably be expected to endanger the health or safety of the individual or another person,
(c)
collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual,
(d)
collection of the information directly from the individual could reasonably be expected to result in the collection of inaccurate information,
(e)
the custodian collects the information from a person who is not a custodian for the purpose of carrying out a research project that has been approved by a research review body under section 43,
(f)
another method is authorized or required by a court order, an Act of the Legislature or the Parliament of Canada or a treaty, agreement or arrangement made under an Act of the Legislature or the Parliament of Canada,
(g)
the individual is unable to provide the information and a substitute decision-maker is acting on behalf of and in the place of the individual,
(h)
the information is to be collected for the purpose of assembling a family or genetic history and the information collected will be used in the context of providing a health service to the individual,
(i)
the information is collected for the purpose of
(i)
determining the individual’s eligibility to participate in a health care program or to receive a benefit, product or health care service from a custodian and the information is collected in the course of processing an application made by or for the individual who is the subject of the information, or
(ii)
verifying the eligibility of an individual who is participating in a health care program or receiving a benefit, product or health care service from a custodian to participate in the program or to receive the benefit, product or service,
(j)
the custodian is a regional health authority, the board of directors or management personnel of a regional health authority or any member of any administrative or advisory committee established in accordance with the by-laws of a regional health authority and is collecting the information for a purpose authorized by law that relates to
(i)
the investigation of a breach of an agreement or a contravention or an alleged contravention of the laws of the Province or of Canada,
(ii)
the conduct of a proceeding or a possible proceeding, or
(iii)
a function of the custodian under this Act,
(k)
paragraph (j) also applies to a custodian who is a Minister of the Crown for the purposes set out in that paragraph when engaged in a function related to the delivery or administration of health care in the Province,
(l)
the custodian collects information for the purpose of analysis or compiling statistical information respecting the management, evaluation or monitoring of the allocation of resources to, or planning for all or part of, the health care system, including the delivery of services, and the person from whom the information is collected has in place practices and procedures to protect the privacy of the individual whose personal health information it receives and to maintain the confidentiality of the information, or
(m)
the custodian is the Minister and is collecting personal health information from another custodian for the purposes of creating or maintaining an electronic health record.