Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 37
Disposition versions

Full text
Disclosure for health related purposes
37(1)Subject to subsection (2), the custodian may disclose an individual’s personal health information if
(a) the individual or his or her substitute decision-maker is the recipient of the disclosure, or
(b) the individual or his or her substitute decision-maker consents to the disclosure.
37(2)A custodian may disclose an individual’s personal health information without the consent of the individual
(a) to a person who is providing or has provided health care to the individual, to the extent necessary to provide health care to the individual, unless the individual has instructed the custodian not to make the disclosure,
(i) if it is not possible to obtain the consent of the individual in a timely manner, or
(ii) if the individual has been admitted to a psychiatric facility as an involuntary patient under the Mental Health Act, or
(b) for the purpose of contacting a relative, friend or the substitute decision-maker of an individual who is not capable of giving consent personally.
37(3)If a custodian discloses personal health information relating to an individual under paragraph (2)(a) and an express request of the individual prevents the custodian from disclosing all the personal health information that the custodian considers reasonably necessary to disclose for the provision of health care to the individual, the custodian shall notify the person to whom it makes disclosure of that fact.
37(4)A custodian that is a regional health authority may disclose personal health information relating to an individual who is a patient of the regional health authority to a person that the regional health authority reasonably believes is a member of the individual’s immediate family, a relative or a person with whom the individual has a close personal relationship if
(a) the regional health authority offers the individual the option, at the first reasonable opportunity after admission to the regional health authority, to object to that disclosure and the individual does not do so, and
(b) the disclosure is made in accordance with accepted professional practice.
37(5)A custodian may disclose personal health information relating to an individual who is deceased or presumed to be deceased
(a) for the purpose of identifying the individual,
(b) for the purpose of informing a person whom it is reasonable to inform in the circumstances of the fact that the individual is deceased or presumed to be deceased and the circumstances of the death, if appropriate,
(c) to the personal representative of the deceased for a purpose related to the administration of the estate,
(d) to a spouse, common-law partner, sibling or descendant of the individual if the recipient of the information reasonably requires the information to make decisions about his or her own health care or the health care of his or her child or if the disclosure is necessary to provide health care to the recipient, or
(e) for research purposes under section 43 if the information has been de-identified.
37(5.1)A custodian may disclose personal health information relating to an individual without the consent of the individual
(a) to the chief medical officer of health or other medical officers of health if the disclosure is required by another Act of the Legislature or the Parliament of Canada, or
(b) to a public health authority established under an Act of the Parliament of Canada, an Act of another province or territory or an Act of another jurisdiction if the disclosure is made for a public health purpose.
37(6)A custodian shall disclose personal health information relating to an individual without the consent of the individual
(a) if the custodian is a Minister of the Crown or a regional health authority, for the purpose of recovering health care costs,
(b) to a person conducting an audit or reviewing an application for accreditation or reviewing an accreditation, if the audit or review relates to the services provided by the custodian,
(c) to or via an information network designated by the Minister in accordance with the regulations in which personal health information is recorded for the purpose of facilitating
(i) the delivery, evaluation or monitoring of a program that relates to the provision of health care or the payment for health care,
(ii) review and planning necessary for the provision of health care or the payment for health care, or
(iii) the creation and maintenance of an electronic health record established in accordance with the regulations, and
(d) to a custodian designated in the regulations who compiles or maintains a registry of personal health information for purposes of facilitating or improving the provision of health care or that relates to the storage or donation of body parts or bodily substances.
(e) Repealed: 2017, c.30, s.2
(f) Repealed: 2017, c.30, s.2
37(7)If a custodian discloses personal health information under paragraph (6)(b), the person conducting the audit or reviewing an application for accreditation or reviewing an accreditation shall agree in writing
(a) to destroy the information at the earliest possible opportunity after the audit or review, and
(b) not to disclose the information to any other person, except as required to accomplish the audit or review or to report unlawful conduct by the custodian.
2009, c.53, s.5; 2017, c.30, s.2
Disclosure for health related purposes
37(1)Subject to subsection (2), the custodian may disclose an individual’s personal health information if
(a) the individual or his or her substitute decision-maker is the recipient of the disclosure, or
(b) the individual or his or her substitute decision-maker consents to the disclosure.
37(2)A custodian may disclose an individual’s personal health information without the consent of the individual
(a) to a person who is providing or has provided health care to the individual, to the extent necessary to provide health care to the individual, unless the individual has instructed the custodian not to make the disclosure,
(i) if it is not possible to obtain the consent of the individual in a timely manner, or
(ii) if the individual has been admitted to a psychiatric facility as an involuntary patient under the Mental Health Act, or
(b) for the purpose of contacting a relative, friend or the substitute decision-maker of an individual who is not capable of giving consent personally.
37(3)If a custodian discloses personal health information relating to an individual under paragraph (2)(a) and an express request of the individual prevents the custodian from disclosing all the personal health information that the custodian considers reasonably necessary to disclose for the provision of health care to the individual, the custodian shall notify the person to whom it makes disclosure of that fact.
37(4)A custodian that is a health care facility may disclose personal health information relating to an individual who is a patient or resident of the facility to a person that the facility reasonably believes is a member of the individual’s immediate family, a relative or a person with whom the individual has a close personal relationship if
(a) the facility offers the individual the option, at the first reasonable opportunity after admission to the facility, to object to that disclosure and the individual does not do so, and
(b) the disclosure is made in accordance with accepted professional practice.
37(5)A custodian may disclose personal health information relating to an individual who is deceased or presumed to be deceased
(a) for the purpose of identifying the individual,
(b) for the purpose of informing a person whom it is reasonable to inform in the circumstances of the fact that the individual is deceased or presumed to be deceased and the circumstances of the death, if appropriate,
(c) to the personal representative of the deceased for a purpose related to the administration of the estate,
(d) to a spouse, common-law partner, sibling or descendant of the individual if the recipient of the information reasonably requires the information to make decisions about his or her own health care or the health care of his or her child or if the disclosure is necessary to provide health care to the recipient, or
(e) for research purposes under section 43 if the information has been de-identified.
37(6)A custodian shall disclose personal health information relating to an individual without the consent of the individual
(a) if the custodian is a Minister of the Crown or a regional health authority, for the purpose of recovering health care costs,
(b) to a person conducting an audit or reviewing an application for accreditation or reviewing an accreditation, if the audit or review relates to the services provided by the custodian,
(c) to or via an information network designated by the Minister in accordance with the regulations in which personal health information is recorded for the purpose of facilitating
(i) the delivery, evaluation or monitoring of a program that relates to the provision of health care or the payment for health care,
(ii) review and planning necessary for the provision of health care or the payment for health care, or
(iii) the creation and maintenance of an electronic health record established in accordance with the regulations,
(d) to a custodian designated in the regulations who compiles or maintains a registry of personal health information for purposes of facilitating or improving the provision of health care or that relates to the storage or donation of body parts or bodily substances,
(e) to the chief medical officer of health or other medical officers if the disclosure is required by another Act of the Legislature or the Parliament of Canada, and
(f) to a public health authority established under an Act of the Parliament of Canada, another province or other jurisdiction if the disclosure is made for a public health purpose.
37(7)If a custodian discloses personal health information under paragraph (6)(b), the person conducting the audit or reviewing an application for accreditation or reviewing an accreditation shall agree in writing
(a) to destroy the information at the earliest possible opportunity after the audit or review, and
(b) not to disclose the information to any other person, except as required to accomplish the audit or review or to report unlawful conduct by the custodian.
2009, c.53, s.5
Disclosure for health related purposes
37(1)Subject to subsection (2), the custodian may disclose an individual’s personal health information if
(a) the individual or his or her substitute decision-maker is the recipient of the disclosure, or
(b) the individual or his or her substitute decision-maker consents to the disclosure.
37(2)A custodian may disclose an individual’s personal health information without the consent of the individual
(a) to a person who is providing or has provided health care to the individual, to the extent necessary to provide health care to the individual, unless the individual has instructed the custodian not to make the disclosure,
(i) if it is not possible to obtain the consent of the individual in a timely manner, or
(ii) if the individual has been admitted to a psychiatric facility as an involuntary patient under the Mental Health Act, or
(b) for the purpose of contacting a relative, friend or the substitute decision-maker of an individual who is not capable of giving consent personally.
37(3)If a custodian discloses personal health information relating to an individual under paragraph (2)(a) and an express request of the individual prevents the custodian from disclosing all the personal health information that the custodian considers reasonably necessary to disclose for the provision of health care to the individual, the custodian shall notify the person to whom it makes disclosure of that fact.
37(4)A custodian that is a health care facility may disclose personal health information relating to an individual who is a patient or resident of the facility to a person that the facility reasonably believes is a member of the individual’s immediate family, a relative or a person with whom the individual has a close personal relationship if
(a) the facility offers the individual the option, at the first reasonable opportunity after admission to the facility, to object to that disclosure and the individual does not do so, and
(b) the disclosure is made in accordance with accepted professional practice.
37(5)A custodian may disclose personal health information relating to an individual who is deceased or presumed to be deceased
(a) for the purpose of identifying the individual,
(b) for the purpose of informing a person whom it is reasonable to inform in the circumstances of the fact that the individual is deceased or presumed to be deceased and the circumstances of the death, if appropriate,
(c) to the personal representative of the deceased for a purpose related to the administration of the estate,
(d) to a spouse, common-law partner, sibling or descendant of the individual if the recipient of the information reasonably requires the information to make decisions about his or her own health care or the health care of his or her child or if the disclosure is necessary to provide health care to the recipient, or
(e) for research purposes under section 43 if the information has been de-identified.
37(6)A custodian shall disclose personal health information relating to an individual without the consent of the individual
(a) if the custodian is a Minister of the Crown or a regional health authority, for the purpose of recovering health care costs,
(b) to a person conducting an audit or reviewing an application for accreditation or reviewing an accreditation, if the audit or review relates to the services provided by the custodian,
(c) to or via an information network designated by the Minister in accordance with the regulations in which personal health information is recorded for the purpose of facilitating
(i) the delivery, evaluation or monitoring of a program that relates to the provision of health care or the payment for health care,
(ii) review and planning necessary for the provision of health care or the payment for health care, or
(iii) the creation and maintenance of an electronic health record established in accordance with the regulations,
(d) to a custodian designated in the regulations who compiles or maintains a registry of personal health information for purposes of facilitating or improving the provision of health care or that relates to the storage or donation of body parts or bodily substances,
(e) to the chief medical officer of health or other medical officers if the disclosure is required by another Act of the Legislature or the Parliament of Canada, and
(f) to a public health authority established under an Act of the Parliament of Canada, another province or other jurisdiction if the disclosure is made for a public health purpose.
37(7)If a custodian discloses personal health information under paragraph (6)(b), the person conducting the audit or reviewing an application for accreditation or reviewing an accreditation shall agree in writing
(a) to destroy the information at the earliest possible opportunity after the audit or review, and
(b) not to disclose the information to any other person, except as required to accomplish the audit or review or to report unlawful conduct by the custodian.
2009, c.53, s.5
Disclosure for health related purposes
37(1)Subject to subsection (2), the custodian may disclose an individual’s personal health information if
(a) the individual or his or her substitute decision-maker is the recipient of the disclosure, or
(b) the individual or his or her substitute decision-maker consents to the disclosure.
37(2)A custodian may disclose an individual’s personal health information without the consent of the individual
(a) to a person who is providing or has provided health care to the individual, to the extent necessary to provide health care to the individual, unless the individual has instructed the custodian not to make the disclosure,
(i) if it is not possible to obtain the consent of the individual in a timely manner, or
(ii) if the individual has been admitted to a psychiatric facility as an involuntary patient under the Mental Health Act, or
(b) for the purpose of contacting a relative, friend or the substitute decision-maker of an individual who is not capable of giving consent personally.
37(3)If a custodian discloses personal health information relating to an individual under paragraph (2)(a) and an express request of the individual prevents the custodian from disclosing all the personal health information that the custodian considers reasonably necessary to disclose for the provision of health care to the individual, the custodian shall notify the person to whom it makes disclosure of that fact.
37(4)A custodian that is a health care facility may disclose personal health information relating to an individual who is a patient or resident of the facility to a person that the facility reasonably believes is a member of the individual’s immediate family, a relative or a person with whom the individual has a close personal relationship if
(a) the facility offers the individual the option, at the first reasonable opportunity after admission to the facility, to object to that disclosure and the individual does not do so, and
(b) the disclosure is made in accordance with accepted professional practice.
37(5)A custodian may disclose personal health information relating to an individual who is deceased or presumed to be deceased
(a) for the purpose of identifying the individual,
(b) for the purpose of informing a person whom it is reasonable to inform in the circumstances of the fact that the individual is deceased or presumed to be deceased and the circumstances of the death, if appropriate,
(c) to the personal representative of the deceased for a purpose related to the administration of the estate,
(d) to a spouse, common-law partner, sibling or descendant of the individual if the recipient of the information reasonably requires the information to make decisions about his or her own health care or the health care of his or her child or if the disclosure is necessary to provide health care to the recipient, or
(e) for research purposes under section 43 if the information has been de-identified.
37(6)A custodian shall disclose personal health information relating to an individual without the consent of the individual
(a) if the custodian is a Minister of the Crown or a regional health authority, for the purpose of recovering health care costs,
(b) to a person conducting an audit or reviewing an application for accreditation or reviewing an accreditation, if the audit or review relates to the services provided by the custodian,
(c) to or via an information network designated in the regulations in which personal health information is recorded for the purpose of facilitating
(i) the delivery, evaluation or monitoring of a program that relates to the provision of health care or the payment for health care,
(ii) review and planning necessary for the provision of health care or the payment for health care, or
(iii) the creation and maintenance of an electronic health record established in accordance with the regulations,
(d) to a custodian designated in the regulations who compiles or maintains a registry of personal health information for purposes of facilitating or improving the provision of health care or that relates to the storage or donation of body parts or bodily substances,
(e) to the chief medical officer of health or other medical officers if the disclosure is required by another Act of the Legislature or the Parliament of Canada, and
(f) to a public health authority established under an Act of the Parliament of Canada, another province or other jurisdiction if the disclosure is made for a public health purpose.
37(7)If a custodian discloses personal health information under paragraph (6)(b), the person conducting the audit or reviewing an application for accreditation or reviewing an accreditation shall agree in writing
(a) to destroy the information at the earliest possible opportunity after the audit or review, and
(b) not to disclose the information to any other person, except as required to accomplish the audit or review or to report unlawful conduct by the custodian.