Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 10
Disposition versions

Full text
Custodian’s response
10(1)A custodian shall respond to a request made under section 7 as promptly as required in the circumstances, but no later than 30 business days after receiving it, unless the time limit for responding is extended under subsection (6) or (7) or the request is transferred to another custodian under section 11.
10(2)The failure of a custodian to respond to a request within 30 business days is to be treated as a decision to refuse to permit the personal health information to be examined or copied.
10(3)In responding to a request, a custodian shall do one of the following:
(a) make the personal health information available for examination and provide a copy, if requested, to the individual;
(b) inform the individual in writing if the information does not exist or cannot be found; or
(c) inform the individual in writing that the request is refused, in whole or in part, for a specified reason described in section 14, and advise the individual of the right to make a complaint about the refusal under Part 6.
10(4) A custodian shall, on request, provide assistance to an individual in reviewing the individual’s personal health information.
10(5)If a request is made for personal health information that a custodian maintains in electronic form, the custodian shall produce a record of the information for the individual in a form usable by the individual if it can be produced using the custodian’s normal computer hardware and software and technical expertise.
10(6)The custodian may extend the time for responding to a request for up to an additional 30 business days if
(a) the individual making the request does not give enough detail to enable the custodian to identify a requested record,
(b) the individual making the request does not respond to a request for clarification by the custodian as soon as practicable,
(c) the relevant provisions of the individual’s record are being translated for a unilingual physician treating the individual if the record is in an official language the physician cannot understand,
(d) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the custodian,
(e) time is needed to notify and receive representations from a third party or to consult with another custodian before permitting the personal health information to be examined or copied, or
(f) the individual requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.
10(7)In any case referred to in subsection (6), the custodian may, if approved by the Ombud, extend the time limit for responding to a request for a period longer than 30 business days.
10(8)If the time limit for responding to a request is extended under subsection (6) or (7), the custodian shall send a written notice to the applicant setting out
(a) the reason for the extension,
(b) when a response can be expected, and
(c) if the time limit is extended without the approval of the Ombud, that the person may file a complaint with the Ombud about the extension.
2017, c.30, s.2; 2019, c.19, s.5
Custodian’s response
10(1)A custodian shall respond to a request made under section 7 as promptly as required in the circumstances, but no later than 30 business days after receiving it, unless the time limit for responding is extended under subsection (6) or (7) or the request is transferred to another custodian under section 11.
10(2)The failure of a custodian to respond to a request within 30 business days is to be treated as a decision to refuse to permit the personal health information to be examined or copied.
10(3)In responding to a request, a custodian shall do one of the following:
(a) make the personal health information available for examination and provide a copy, if requested, to the individual;
(b) inform the individual in writing if the information does not exist or cannot be found; or
(c) inform the individual in writing that the request is refused, in whole or in part, for a specified reason described in section 14, and advise the individual of the right to make a complaint about the refusal under Part 6.
10(4) A custodian shall, on request, provide assistance to an individual in reviewing the individual’s personal health information.
10(5)If a request is made for personal health information that a custodian maintains in electronic form, the custodian shall produce a record of the information for the individual in a form usable by the individual if it can be produced using the custodian’s normal computer hardware and software and technical expertise.
10(6)The custodian may extend the time for responding to a request for up to an additional 30 business days if
(a) the individual making the request does not give enough detail to enable the custodian to identify a requested record,
(b) the individual making the request does not respond to a request for clarification by the custodian as soon as practicable,
(c) the relevant provisions of the individual’s record are being translated for a unilingual physician treating the individual if the record is in an official language the physician cannot understand,
(d) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the custodian,
(e) time is needed to notify and receive representations from a third party or to consult with another custodian before permitting the personal health information to be examined or copied, or
(f) the individual requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.
10(7)In any case referred to in subsection (6), the custodian may, if approved by the Commissioner, extend the time limit for responding to a request for a period longer than 30 business days.
10(8)If the time limit for responding to a request is extended under subsection (6) or (7), the custodian shall send a written notice to the applicant setting out
(a) the reason for the extension,
(b) when a response can be expected, and
(c) if the time limit is extended without the approval of the Commissioner, that the person may file a complaint with the Commissioner about the extension.
2017, c.30, s.2
Custodian’s response
10(1)A custodian shall respond to a request made under section 7 as promptly as required in the circumstances, but no later than 30 days after receiving it, unless the time limit for responding is extended under subsection (6) or (7) or the request is transferred to another custodian under section 11.
10(2)The failure of a custodian to respond to a request within the 30-day period is to be treated as a decision to refuse to permit the personal health information to be examined or copied.
10(3)In responding to a request, a custodian shall do one of the following:
(a) make the personal health information available for examination and provide a copy, if requested, to the individual;
(b) inform the individual in writing if the information does not exist or cannot be found; or
(c) inform the individual in writing that the request is refused, in whole or in part, for a specified reason described in section 14, and advise the individual of the right to make a complaint about the refusal under Part 6.
10(4) A custodian shall, on request, provide assistance to an individual in reviewing the individual’s personal health information.
10(5)If a request is made for personal health information that a custodian maintains in electronic form, the custodian shall produce a record of the information for the individual in a form usable by the individual if it can be produced using the custodian’s normal computer hardware and software and technical expertise.
10(6)The custodian may extend the time for responding to a request for up to an additional 30 days if
(a) the individual making the request does not give enough detail to enable the custodian to identify a requested record,
(b) the individual making the request does not respond to a request for clarification by the custodian as soon as practicable,
(c) the relevant provisions of the individual’s record are being translated for a unilingual physician treating the individual if the record is in an official language the physician cannot understand,
(d) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the custodian,
(e) time is needed to notify and receive representations from a third party or to consult with another custodian before permitting the personal health information to be examined or copied, or
(f) the individual requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.
10(7)In any case referred to in subsection (6), the custodian may, if approved by the Commissioner, extend the time limit for responding to a request for a period longer than 30 days.
10(8)If the time limit for responding to a request is extended under subsection (6) or (7), the custodian shall send a written notice to the applicant setting out
(a) the reason for the extension,
(b) when a response can be expected, and
(c) if the time limit is extended without the approval of the Commissioner, that the person may file a complaint with the Commissioner about the extension.
Custodian’s response
10(1)A custodian shall respond to a request made under section 7 as promptly as required in the circumstances, but no later than 30 days after receiving it, unless the time limit for responding is extended under subsection (6) or (7) or the request is transferred to another custodian under section 11.
10(2)The failure of a custodian to respond to a request within the 30-day period is to be treated as a decision to refuse to permit the personal health information to be examined or copied.
10(3)In responding to a request, a custodian shall do one of the following:
(a) make the personal health information available for examination and provide a copy, if requested, to the individual;
(b) inform the individual in writing if the information does not exist or cannot be found; or
(c) inform the individual in writing that the request is refused, in whole or in part, for a specified reason described in section 14, and advise the individual of the right to make a complaint about the refusal under Part 6.
10(4) A custodian shall, on request, provide assistance to an individual in reviewing the individual’s personal health information.
10(5)If a request is made for personal health information that a custodian maintains in electronic form, the custodian shall produce a record of the information for the individual in a form usable by the individual if it can be produced using the custodian’s normal computer hardware and software and technical expertise.
10(6)The custodian may extend the time for responding to a request for up to an additional 30 days if
(a) the individual making the request does not give enough detail to enable the custodian to identify a requested record,
(b) the individual making the request does not respond to a request for clarification by the custodian as soon as practicable,
(c) the relevant provisions of the individual’s record are being translated for a unilingual physician treating the individual if the record is in an official language the physician cannot understand,
(d) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the custodian,
(e) time is needed to notify and receive representations from a third party or to consult with another custodian before permitting the personal health information to be examined or copied, or
(f) the individual requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.
10(7)In any case referred to in subsection (6), the custodian may, if approved by the Commissioner, extend the time limit for responding to a request for a period longer than 30 days.
10(8)If the time limit for responding to a request is extended under subsection (6) or (7), the custodian shall send a written notice to the applicant setting out
(a) the reason for the extension,
(b) when a response can be expected, and
(c) if the time limit is extended without the approval of the Commissioner, that the person may file a complaint with the Commissioner about the extension.