Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 39
Disposition versions

Full text
Disclosure re health and safety
39(1)A custodian may disclose personal health information without the consent of the individual to whom the information relates if the custodian reasonably believes that disclosure is required
(a) to prevent or reduce a risk of serious harm to the mental or physical health or safety of the individual to whom the information relates or another individual, or
(b) 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.
39(2)A custodian may disclose personal health information without the consent of the individual to whom the information relates to the superintendent of a correctional facility in which the individual is lawfully detained or to the administrator of a psychiatric facility in which the individual is lawfully detained under section 18 of the Mental Health Act to assist the facility in making a decision respecting
(a) arrangements for the provision of health care to the individual, or
(b) the placement of the individual into custody or the detention, release, conditional release, discharge or conditional discharge of the individual under an Act of the Legislature, of another province or territory or of the Parliament of Canada.
Disclosure re health and safety
39(1)A custodian may disclose personal health information without the consent of the individual to whom the information relates if the custodian reasonably believes that disclosure is required
(a) to prevent or reduce a risk of serious harm to the mental or physical health or safety of the individual to whom the information relates or another individual, or
(b) 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.
39(2)A custodian may disclose personal health information without the consent of the individual to whom the information relates to the superintendent of a correctional facility in which the individual is lawfully detained or to the administrator of a psychiatric facility in which the individual is lawfully detained under section 18 of the Mental Health Act to assist the facility in making a decision respecting
(a) arrangements for the provision of health care to the individual, or
(b) the placement of the individual into custody or the detention, release, conditional release, discharge or conditional discharge of the individual under an Act of the Legislature, of another province or territory or of the Parliament of Canada.