Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 22
Disposition versions

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Refusal to consent or withdrawal of consent
22(1)An individual may refuse to grant his or her consent or withdraw his or her consent to the collection, use or disclosure of the individual’s personal health information by a custodian except if
(a) it is prohibited by law to withdraw consent,
(b) the collection, use or disclosure is for the purposes of a program to monitor the prescribing, dispensing or use of certain classes of drugs,
(c) the collection, use or disclosure is for the purposes of the creation or maintenance of an electronic health record, or
(d) the collection, use or disclosure is for another purpose provided for in this Act.
22(2)If an individual refuses to grant consent or withdraws his or her consent to the collection, use or disclosure of his or her personal health information under subsection (1), the custodian shall
(a) take reasonable steps to act in accordance with the decision,
(b) inform the individual of the implications of the refusal or withdrawal, and
(c) inform the other custodians, if any, holding the individual’s personal health information of the decision.
22(3)A custodian may refuse to comply with the refusal or withdrawal of an individual’s consent to the collection, use or disclosure of his or her personal health information under subsection (1) if compliance with the individual’s refusal or withdrawal of consent is likely to endanger the health of the individual or the health of another person.
22(4)If the custodian refuses to comply with the refusal or withdrawal of an individual’s consent for the reasons referred to in subsection (3), the custodian shall inform the individual, as soon as possible, of the collection, use or disclosure of his or her personal health information.
Refusal to consent or withdrawal of consent
22(1)An individual may refuse to grant his or her consent or withdraw his or her consent to the collection, use or disclosure of the individual’s personal health information by a custodian except if
(a) it is prohibited by law to withdraw consent,
(b) the collection, use or disclosure is for the purposes of a program to monitor the prescribing, dispensing or use of certain classes of drugs,
(c) the collection, use or disclosure is for the purposes of the creation or maintenance of an electronic health record, or
(d) the collection, use or disclosure is for another purpose provided for in this Act.
22(2)If an individual refuses to grant consent or withdraws his or her consent to the collection, use or disclosure of his or her personal health information under subsection (1), the custodian shall
(a) take reasonable steps to act in accordance with the decision,
(b) inform the individual of the implications of the refusal or withdrawal, and
(c) inform the other custodians, if any, holding the individual’s personal health information of the decision.
22(3)A custodian may refuse to comply with the refusal or withdrawal of an individual’s consent to the collection, use or disclosure of his or her personal health information under subsection (1) if compliance with the individual’s refusal or withdrawal of consent is likely to endanger the health of the individual or the health of another person.
22(4)If the custodian refuses to comply with the refusal or withdrawal of an individual’s consent for the reasons referred to in subsection (3), the custodian shall inform the individual, as soon as possible, of the collection, use or disclosure of his or her personal health information.