Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 40
Disposition versions

Full text
Disclosure re proceedings
40(1)A custodian shall disclose personal health information without the consent of the individual to whom the information relates to a body with statutory responsibility for the discipline of health care providers or for regulating the quality or standards of professional services provided by health care providers, including for the purpose of an investigation by that body.
40(2)A custodian may disclose personal health information without the consent of the individual to whom the information relates
(a) for the purpose of a proceeding or contemplated proceeding in which the custodian is or is expected to be a party or a witness if the information relates to or is a matter in issue in the proceeding or contemplated proceeding,
(a.1) for the purpose of complying with a summons, subpoena, warrant, order or similar requirement issued by a court, person or entity with jurisdiction to compel the production of personal health information or for the purpose of complying with the Rules of Court concerning the production of personal health information in a proceeding,
(b) to a committee referred to in the Evidence Act for the purpose of peer review or quality assurance activities,
(c) to a proposed litigation guardian, committee, decision-making supporter or representative under the Supported Decision-Making and Representation Act or a proposed legal representative of the individual for the purpose of having the person appointed as a litigation guardian, committee, decision-making supporter, representative or legal representative,
(d) to a litigation guardian, committee, representative under the Supported Decision-Making and Representation Act or a legal representative who is authorized under the Rules of Court to commence, defend or continue a proceeding on behalf of the individual or to represent the individual in a proceeding, or
(e) for the purpose of laying an information or making an application for an order if the personal health information relates to or is a matter in issue in the information or application.
2017, c.30, s.2; 2022, c.60, s.78
Disclosure re proceedings
40(1)A custodian shall disclose personal health information without the consent of the individual to whom the information relates to a body with statutory responsibility for the discipline of health care providers or for regulating the quality or standards of professional services provided by health care providers, including for the purpose of an investigation by that body.
40(2)A custodian may disclose personal health information without the consent of the individual to whom the information relates
(a) for the purpose of a proceeding or contemplated proceeding in which the custodian is or is expected to be a party or a witness if the information relates to or is a matter in issue in the proceeding or contemplated proceeding,
(a.1) for the purpose of complying with a summons, subpoena, warrant, order or similar requirement issued by a court, person or entity with jurisdiction to compel the production of personal health information or for the purpose of complying with the Rules of Court concerning the production of personal health information in a proceeding,
(b) to a committee referred to in the Evidence Act for the purpose of peer review or quality assurance activities,
(c) to a proposed litigation guardian, committee or legal representative of the individual for the purpose of having the person appointed as a litigation guardian, committee or legal representative,
(d) to a litigation guardian, committee or a legal representative who is authorized under the Rules of Court to commence, defend or continue a proceeding on behalf of the individual or to represent the individual in a proceeding, or
(e) for the purpose of laying an information or making an application for an order if the personal health information relates to or is a matter in issue in the information or application.
2017, c.30, s.2
Disclosure re proceedings
40(1)A custodian shall disclose personal health information without the consent of the individual to whom the information relates
(a) to a body with statutory responsibility for the discipline of health care providers or to regulate the quality or standards of professional services provided by health care providers, including for the purpose of an investigation by that body, or
(b) for the purpose of complying with a summons, subpoena, warrant, order or similar requirement issued by a court, person or entity with jurisdiction to compel the production of personal health information or for the purpose of complying with the Rules of Court concerning the production of personal health information in a proceeding.
40(2)A custodian may disclose personal health information without the consent of the individual to whom the information relates
(a) for the purpose of a proceeding or contemplated proceeding in which the custodian is or is expected to be a party or a witness if the information relates to or is a matter in issue in the proceeding or contemplated proceeding,
(b) to a committee referred to in the Evidence Act for the purpose of peer review or quality assurance activities,
(c) to a proposed litigation guardian, committee or legal representative of the individual for the purpose of having the person appointed as a litigation guardian, committee or legal representative,
(d) to a litigation guardian, committee or a legal representative who is authorized under the Rules of Court to commence, defend or continue a proceeding on behalf of the individual or to represent the individual in a proceeding, or
(e) for the purpose of laying an information or making an application for an order if the personal health information relates to or is a matter in issue in the information or application.
Disclosure re proceedings
40(1)A custodian shall disclose personal health information without the consent of the individual to whom the information relates
(a) to a body with statutory responsibility for the discipline of health care providers or to regulate the quality or standards of professional services provided by health care providers, including for the purpose of an investigation by that body, or
(b) for the purpose of complying with a summons, subpoena, warrant, order or similar requirement issued by a court, person or entity with jurisdiction to compel the production of personal health information or for the purpose of complying with the Rules of Court concerning the production of personal health information in a proceeding.
40(2)A custodian may disclose personal health information without the consent of the individual to whom the information relates
(a) for the purpose of a proceeding or contemplated proceeding in which the custodian is or is expected to be a party or a witness if the information relates to or is a matter in issue in the proceeding or contemplated proceeding,
(b) to a committee referred to in the Evidence Act for the purpose of peer review or quality assurance activities,
(c) to a proposed litigation guardian, committee or legal representative of the individual for the purpose of having the person appointed as a litigation guardian, committee or legal representative,
(d) to a litigation guardian, committee or a legal representative who is authorized under the Rules of Court to commence, defend or continue a proceeding on behalf of the individual or to represent the individual in a proceeding, or
(e) for the purpose of laying an information or making an application for an order if the personal health information relates to or is a matter in issue in the information or application.