1The following definitions apply in this Act.
“agent” , in relation to a custodian, means an information manager or an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not the information manager, individual or organization is remunerated by the custodian, but does not include an employee of the custodian.(mandataire)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)
“Commissioner” Repealed: 2019, c.19, s.5
“common-law partner” , in relation to any person, means a person who, not being the spouse of that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least 2 years.(conjoint de fait)
“common or integrated service, program or activity” means a common or integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act.(service, programme ou activité commun ou intégré)
“custodian” means an individual or organization that collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment or the planning and management of the health care system or delivering a government program or service and includes
(dépositaire)
(b)
health care providers who are not agents or employees of a custodian,
(d)
the following organizations or agencies:
(ii)
the New Brunswick Health Council,
(iii)
Repealed: 2015, c.44, s.99
(iv)
regional health authorities,
(v)
the Workplace Health, Safety and Compensation Commission, and
(vi)
the Canadian Blood Services,
(e)
Repealed: 2017, c.30, s.2
(e.1)
research data centres,
(f)
researchers conducting a research project approved in accordance with this Act,
(g)
Repealed: 2017, c.30, s.2
(h)
a laboratory or a specimen collection centre,
(i)
nursing homes and operators as those terms are defined in the
Nursing Homes Act, and
(j)
a person designated in the regulations as a custodian.
“data matching” means the creation of identifying information by combining identifying information or de-identified personal health information or other information from 2 or more electronic data bases or 2 or more electronic records.(appariement de données)
“de-identified” , when referring to personal health information, means personal health information from which all identifying information has been removed.(anonymisé)
“health care” means any observation, examination, assessment, care, service or procedure that is carried out or provided for a health-related purpose and
(soins de santé)
(a)
to diagnose, treat or maintain an individual’s physical or mental condition,
(b)
to prevent disease or injury or to promote health, or
(c)
as part of rehabilitative or palliative care,
(d)
the compounding of a drug, for the use of an individual, pursuant to a prescription,
(e)
the dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and
(f)
a health care service prescribed by regulation.
“health care facility” means
(établissement de soins de santé)
(b)
a community health centre,
(e)
any other facility in which health care is provided and that is designated in the regulations.
“health care provider” means a person who is registered or licensed to provide health care under an Act of the Legislature or who is a member of a class of persons designated as a health care provider in the regulations. (fournisseur de soins de santé)
“integrated service, program or activity” Repealed: 2017, c.31, s.71
“Minister” means the Minister of Health.(ministre)
“Ombud” means the Ombud appointed under section 2 of the Ombud Act.(ombud)
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act.(pharmacie)
“public body” means a public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
“record” means a record containing information in any form, including information that is oral, written, photographed, recorded or stored in any manner, on any storage medium or by graphic, electronic, mechanical or any other means, but does not include electronic software or any mechanism that produces records.(document)
“research” means a systematic investigation designed to develop or establish principles, facts or general knowledge, or any combination of them, and includes the development, testing and evaluation of research.(recherche)
“research data centre” means a public body that compiles and links personal information or personal health information for the purposes of research, analysis or evidence-based decision-making.(centre de données de recherche)
“spouse” in relation to any person, means a person who is married to and residing with that person.(conjoint)
“substitute decision-maker” , in relation to an individual, means, unless the context requires otherwise, a person who is authorized under this Act to give, withhold or to withdraw consent on behalf and in the place of the individual with respect to the collection, use or disclosure of the individual’s personal health information.(mandataire spécial)
“use” means to handle or deal with information and includes reproducing the information, but does not include disclosing the information.(utiliser)
2009, c.53, s.1; 2012, c.49, s.1; 2013, c.47, s.6; 2015, c.44, s.99; 2016, c.53, s.26; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.31, s.71; 2017, c.45, s.5; 2019, c.19, s.5