Permitted uses
34(1)A custodian may use personal health information in its custody or under its control for one or more of the following purposes:
(a)
for the purpose for which the information was collected or created and for all the functions reasonably necessary for carrying out that purpose, unless the individual expressly instructs otherwise;
(b)
another use to which the individual who is the subject of the information consents;
(c)
if the use of the information is authorized by this Act or by an Act of the Legislature or an Act of the Parliament of Canada;
(d)
to prevent or reduce a risk of significant harm to the health or safety of the public or a group of people, the disclosure of which is clearly in the public interest;
(e)
if the custodian is a public body, for planning or delivering programs or services that the custodian provides or that the custodian funds in whole or in part, allocating resources to any of those programs or services, evaluating or monitoring any of them or detecting, monitoring or preventing fraud or any unauthorized receipt of services or benefits related to any of them;
(e.1)
if the custodian is a public body, for planning or delivering common or integrated services, programs or activities;
(e.2)
if the custodian is a health care provider, for delivering common or integrated services, programs or activities;
(f)
for the purpose of risk management, error management or for the purpose of activities to improve or maintain the quality of care or to improve or maintain the quality of any related programs or services of the custodian;
(g)
for educating agents of the custodian to provide health care;
(h)
for the purpose of disposing of the information or de-identifying the information;
(i)
for the purpose of seeking the individual’s consent, or the consent of the individual’s substitute decision-maker, when the personal health information used by the custodian for this purpose is limited to the name, contact information and registration information of the individual and the name and contact information of the substitute decision-maker, if applicable;
(j)
for the purpose of a proceeding or contemplated proceeding in which the custodian or the agent or former agent of the custodian is, or is expected to be, a party or witness, if the information relates to or is a matter in issue in the proceeding or contemplated proceeding;
(k)
if the custodian is a Minister of the Crown, for the purpose of recovering health care costs;
(l)
for the purpose of obtaining payment for or processing, monitoring, verifying or reimbursing claims for payment for the provision of health care or related goods and services;
(m)
for a research project approved by a research review body under section 43;
(m.1)
for a research project approved in accordance with an agreement referred to in paragraph 43.1(
a);
(m.2)
if the custodian is the Minister or a researcher, to perform data matching for the purpose of a research project approved by a research review body under section 43;
(m.3)
if the custodian is the Minister or a research data centre, to perform data matching for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(
a);
(n)
subject to any requirements and restrictions prescribed by regulation, if permitted or required by law or by a treaty, agreement or arrangement made under an Act of the Legislature or the Parliament of Canada;
(o)
if the custodian is a regional health authority, the board of directors or management personnel of a regional health authority or any member of any administrative or advisory committee established in accordance with the by-laws of a regional health authority for the following functions within the geographic area in which the custodian has jurisdiction:
(i)
planning and resource allocation;
(ii)
health system management;
(iii)
public health surveillance; and
(iv)
health policy development;
(p)
paragraph (
o) also applies to a custodian who is a Minister of the Crown for the purposes set out in that paragraph when engaged in a function related to the delivery or administration of health care in the Province; and
(q)
to produce de-identified information that does not, either by itself or in combination with other information in the custody of or under the control of the custodian, permit an individual to be identified.
2013, c.47, s.6; 2017, c.29, s.1; 2017, c.30, s.2; 2017, c.31, s.71