Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 76
Disposition versions

Full text
Offences
76(1)No person shall
(a) collect, use or disclose personal health information in wilful contravention of this Act,
(b) attempt to gain or gain access to personal health information in wilful contravention of this Act,
(c) knowingly make a false or misleading statement to the Ombud or another person in the performance of the duties or the exercise of the powers of the Ombud or the other person under this Act or knowingly mislead or attempt to mislead the Ombud or the other person,
(d) obstruct the Ombud or another person in performing duties or exercising powers under this Act,
(e) destroy a record or erase information in a record that is subject to this Act, or direct another person to do so, with the intent to evade a request to examine or copy the record,
(f) alter, falsify, conceal or destroy any record or part of any record, or direct another person to do so, with an intent to evade a request to examine or copy the record, or
(g) wilfully fail to comply with an investigation of the Ombud.
76(2)A person who is an employee of a custodian or information manager who, without the authorization of the custodian or information manager, discloses personal health information in wilful contravention of this Act in circumstances where the custodian or information manager would not be permitted to disclose the information under this Act, commits an offence.
76(3)A custodian or information manager commits an offence if the custodian or information manager
(a) collects, uses, sells or discloses personal health information contrary to this Act,
(b) fails to protect personal health information in a secure manner as required by this Act,
(c) discloses personal health information contrary to this Act with the intent of obtaining a monetary or other material benefit or to confer a benefit on a custodian or other person, or
(d) takes any adverse employment action against an employee because the employee has complied with a request or requirement to produce a record or provide information or evidence to the Ombud, or a person acting for or under the direction of the Ombud, under this Act.
76(4)No custodian or information manager shall be found to have contravened paragraph (3)(a) or (b) if the custodian or information manager can establish that he or she took all reasonable steps to prevent the contravention.
76(5)A person who violates or fails to comply with subsection (1), (2), (3) or (4) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
76(6)No prosecution for an offence under this Act shall be commenced after 2 years from the date of the discovery of the alleged offence.
2019, c.19, s.5
Offences
76(1)No person shall
(a) collect, use or disclose personal health information in wilful contravention of this Act,
(b) attempt to gain or gain access to personal health information in wilful contravention of this Act,
(c) knowingly make a false or misleading statement to the Commissioner or another person in the performance of the duties or the exercise of the powers of the Commissioner or the other person under this Act or knowingly mislead or attempt to mislead the Commissioner or the other person,
(d) obstruct the Commissioner or another person in performing duties or exercising powers under this Act,
(e) destroy a record or erase information in a record that is subject to this Act, or direct another person to do so, with the intent to evade a request to examine or copy the record,
(f) alter, falsify, conceal or destroy any record or part of any record, or direct another person to do so, with an intent to evade a request to examine or copy the record, or
(g) wilfully fail to comply with an investigation of the Commissioner.
76(2)A person who is an employee of a custodian or information manager who, without the authorization of the custodian or information manager, discloses personal health information in wilful contravention of this Act in circumstances where the custodian or information manager would not be permitted to disclose the information under this Act, commits an offence.
76(3)A custodian or information manager commits an offence if the custodian or information manager
(a) collects, uses, sells or discloses personal health information contrary to this Act,
(b) fails to protect personal health information in a secure manner as required by this Act,
(c) discloses personal health information contrary to this Act with the intent of obtaining a monetary or other material benefit or to confer a benefit on a custodian or other person, or
(d) takes any adverse employment action against an employee because the employee has complied with a request or requirement to produce a record or provide information or evidence to the Commissioner, or a person acting for or under the direction of the Commissioner, under this Act.
76(4)No custodian or information manager shall be found to have contravened paragraph (3)(a) or (b) if the custodian or information manager can establish that he or she took all reasonable steps to prevent the contravention.
76(5)A person who violates or fails to comply with subsection (1), (2), (3) or (4) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
76(6)No prosecution for an offence under this Act shall be commenced after 2 years from the date of the discovery of the alleged offence.
Offences
76(1)No person shall
(a) collect, use or disclose personal health information in wilful contravention of this Act,
(b) attempt to gain or gain access to personal health information in wilful contravention of this Act,
(c) knowingly make a false or misleading statement to the Commissioner or another person in the performance of the duties or the exercise of the powers of the Commissioner or the other person under this Act or knowingly mislead or attempt to mislead the Commissioner or the other person,
(d) obstruct the Commissioner or another person in performing duties or exercising powers under this Act,
(e) destroy a record or erase information in a record that is subject to this Act, or direct another person to do so, with the intent to evade a request to examine or copy the record,
(f) alter, falsify, conceal or destroy any record or part of any record, or direct another person to do so, with an intent to evade a request to examine or copy the record, or
(g) wilfully fail to comply with an investigation of the Commissioner.
76(2)A person who is an employee of a custodian or information manager who, without the authorization of the custodian or information manager, discloses personal health information in wilful contravention of this Act in circumstances where the custodian or information manager would not be permitted to disclose the information under this Act, commits an offence.
76(3)A custodian or information manager commits an offence if the custodian or information manager
(a) collects, uses, sells or discloses personal health information contrary to this Act,
(b) fails to protect personal health information in a secure manner as required by this Act,
(c) discloses personal health information contrary to this Act with the intent of obtaining a monetary or other material benefit or to confer a benefit on a custodian or other person, or
(d) takes any adverse employment action against an employee because the employee has complied with a request or requirement to produce a record or provide information or evidence to the Commissioner, or a person acting for or under the direction of the Commissioner, under this Act.
76(4)No custodian or information manager shall be found to have contravened paragraph (3)(a) or (b) if the custodian or information manager can establish that he or she took all reasonable steps to prevent the contravention.
76(5)A person who violates or fails to comply with subsection (1), (2), (3) or (4) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
76(6)No prosecution for an offence under this Act shall be commenced after 2 years from the date of the discovery of the alleged offence.