Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 17
Disposition versions

Full text
Elements of consent
17(1)If this Act or any other Act of the Legislature requires the consent of an individual to the collection, use or disclosure of personal health information by a custodian, the consent
(a) shall be a consent of the individual, if the individual is capable of granting consent, or the consent of a substitute decision-maker,
(b) shall be knowledgeable,
(c) shall be able to be withdrawn or withheld,
(d) shall relate to the personal health information,
(e) shall not be obtained through deception or coercion, and
(f) may be express or implied.
17(2)The consent to the collection, use or disclosure of an individual’s personal health information is knowledgeable if it is reasonable in the circumstances to believe that the individual knows
(a) the purpose of the collection, use or disclosure, as the case may be,
(b) that the individual may give or withhold consent, and
(c) that the information can only be collected used or disclosed without his or her consent in accordance with the provisions of this Act.
17(3)Unless it is not reasonable in the circumstances to make the assumption, a custodian is entitled to assume that an individual knows the purpose of the collection, use or disclosure of the individual’s personal health information by a custodian if the custodian posts or makes readily available a notice describing the purpose where it is likely to come to the individual’s attention or provides the individual with such a notice.
Elements of consent
17(1)If this Act or any other Act of the Legislature requires the consent of an individual to the collection, use or disclosure of personal health information by a custodian, the consent
(a) shall be a consent of the individual, if the individual is capable of granting consent, or the consent of a substitute decision-maker,
(b) shall be knowledgeable,
(c) shall be able to be withdrawn or withheld,
(d) shall relate to the personal health information,
(e) shall not be obtained through deception or coercion, and
(f) may be express or implied.
17(2)The consent to the collection, use or disclosure of an individual’s personal health information is knowledgeable if it is reasonable in the circumstances to believe that the individual knows
(a) the purpose of the collection, use or disclosure, as the case may be,
(b) that the individual may give or withhold consent, and
(c) that the information can only be collected used or disclosed without his or her consent in accordance with the provisions of this Act.
17(3)Unless it is not reasonable in the circumstances to make the assumption, a custodian is entitled to assume that an individual knows the purpose of the collection, use or disclosure of the individual’s personal health information by a custodian if the custodian posts or makes readily available a notice describing the purpose where it is likely to come to the individual’s attention or provides the individual with such a notice.