Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Full text
Application
3(1)This Act applies
(a) to personal health information that is collected, used or disclosed by a custodian or an agent or that is in the custody or control of a custodian or an agent, and
(b) to personal health information that was collected before the coming into force of this Act and that is prescribed by regulation.
3(2)Unless otherwise specifically provided in this Act, this Act does not apply to
(a) anonymous or statistical information that does not, either by itself or when combined with other information available to the holder of the information, permit individuals to be identified,
(b) an individual’s personal health information if 50 years have passed since the death of the individual,
(c) an individual or organization that collects, maintains or uses personal health information for purposes other than health care or treatment and the planning and management of the health care system, including
(i) employers,
(ii) insurance companies,
(iii) regulatory bodies of health care providers,
(iv) licensed or registered health care providers who do not provide health care, or
(v) any other individual or organization prescribed by regulation,
(d) a note made by or for, or a communication or draft decision of, a person who is acting in a judicial or quasi-judicial capacity,
(e) a constituency record of a Minister of the Crown, and
(f) information in a court record, a record of a judge, a judicial administration record or a record relating to support services provided to a judge or to a court official.
3(3)Unless otherwise specifically provided in this Act, this Act
(a) does not affect the law of evidence,
(b) does not restrict information that is otherwise available by law to a party to legal proceedings,
(c) does not affect any information that would disclose privileged communications,
(d) does not affect the power of a court or tribunal to compel a witness to testify or to compel the production of documents,
(e) does not interfere with the activities of a body with statutory responsibility for the discipline of health care providers,
(f) does not affect a court order that prohibits a person from making information public or from publishing information,
(g) is in addition to and does not replace existing procedures for access to records or information normally available to the public, and
(h) does not prohibit the transfer, storage or disposition of a record in accordance with another Act of the Legislature or the Parliament of Canada.
2017, c.30, s.2
Application
3(1)This Act applies
(a) to personal health information that is collected, used or disclosed by a custodian or that is in the custody or control of a custodian, and
(b) to personal health information that was collected before the coming into force of this Act and that is prescribed by regulation.
3(2)Unless otherwise specifically provided in this Act, this Act does not apply to
(a) anonymous or statistical information that does not, either by itself or when combined with other information available to the holder of the information, permit individuals to be identified,
(b) an individual’s personal health information if
(i) one hundred years have passed since the record containing the information was created, or
(ii) fifty years have passed since the death of the individual,
(c) an individual or organization that collects, maintains or uses personal health information for purposes other than health care or treatment and the planning and management of the health care system, including
(i) employers,
(ii) insurance companies,
(iii) regulatory bodies of health care providers,
(iv) licensed or registered health care providers who do not provide health care, or
(v) any other individual or organization prescribed by regulation,
(d) a note made by or for, or a communication or draft decision of, a person who is acting in a judicial or quasi-judicial capacity,
(e) a constituency record of a Minister of the Crown, and
(f) information in a court record, a record of a judge, a judicial administration record or a record relating to support services provided to a judge or to a court official.
3(3)Unless otherwise specifically provided in this Act, this Act
(a) does not affect the law of evidence,
(b) does not restrict information that is otherwise available by law to a party to legal proceedings,
(c) does not affect any information that would disclose privileged communications,
(d) does not affect the power of a court or tribunal to compel a witness to testify or to compel the production of documents,
(e) does not interfere with the activities of a body with statutory responsibility for the discipline of health care providers,
(f) does not affect a court order that prohibits a person from making information public or from publishing information,
(g) is in addition to and does not replace existing procedures for access to records or information normally available to the public, and
(h) does not prohibit the transfer, storage or disposition of a record in accordance with another Act of the Legislature or the Parliament of Canada.
Application
3(1)This Act applies
(a) to personal health information that is collected, used or disclosed by a custodian or that is in the custody or control of a custodian, and
(b) to personal health information that was collected before the coming into force of this Act and that is prescribed by regulation.
3(2)Unless otherwise specifically provided in this Act, this Act does not apply to
(a) anonymous or statistical information that does not, either by itself or when combined with other information available to the holder of the information, permit individuals to be identified,
(b) an individual’s personal health information if
(i) one hundred years have passed since the record containing the information was created, or
(ii) fifty years have passed since the death of the individual,
(c) an individual or organization that collects, maintains or uses personal health information for purposes other than health care or treatment and the planning and management of the health care system, including
(i) employers,
(ii) insurance companies,
(iii) regulatory bodies of health care providers,
(iv) licensed or registered health care providers who do not provide health care, or
(v) any other individual or organization prescribed by regulation,
(d) a note made by or for, or a communication or draft decision of, a person who is acting in a judicial or quasi-judicial capacity,
(e) a constituency record of a Minister of the Crown, and
(f) information in a court record, a record of a judge, a judicial administration record or a record relating to support services provided to a judge or to a court official.
3(3)Unless otherwise specifically provided in this Act, this Act
(a) does not affect the law of evidence,
(b) does not restrict information that is otherwise available by law to a party to legal proceedings,
(c) does not affect any information that would disclose privileged communications,
(d) does not affect the power of a court or tribunal to compel a witness to testify or to compel the production of documents,
(e) does not interfere with the activities of a body with statutory responsibility for the discipline of health care providers,
(f) does not affect a court order that prohibits a person from making information public or from publishing information,
(g) is in addition to and does not replace existing procedures for access to records or information normally available to the public, and
(h) does not prohibit the transfer, storage or disposition of a record in accordance with another Act of the Legislature or the Parliament of Canada.