Regulations
79(1)The Lieutenant-Governor in Council may make regulations
(a)
designating custodians for the purposes of the definition “custodian” in section 1;
(b)
prescribing health care services for the purposes of the definition “health care” in section 1;
(c)
designating a facility in which health care is provided for the purposes of the definition “health care facility” in section 1;
(d)
designating a class of persons as a health care provider for the purposes of the definition “health care provider” in section 1;
(d.1)
respecting the terms of an agreement for the purposes of the definition “research data centre” in section 1;
(e)
prescribing personal health information for the purposes of paragraph 3(1)(
b);
(f)
prescribing the personal health information to which this Act does apply for the purposes of subsection 3(2);
(f.1)
prescribing the individuals or organizations referred to in paragraph 3(2)(
c) that collect, maintain or use personal health information for purposes other than health care or treatment and the planning and management of the health care system;
(g)
specifying for the purposes of subsection 4(1) the Acts of the Legislature or provisions of the Acts of the Legislature over which this Act does not prevail;
(h)
Repealed: 2009, c.53, s.12
(i)
prescribing an Act of the Legislature or any provision of an Act of the Legislature for the purposes of paragraph 4(2)(
b);
(j)
prescribing the search, preparation, copying and delivery fees referred to in section 13, the amount that the fees cannot exceed and the waiver of the fees;
(k)
prescribing for the purposes of paragraph 14(1)(
i) a reason for which a custodian is not required to permit an individual to examine or copy his or her personal health information;
(l)
prescribing the contents of the permission referred to in paragraph 19(2)(
c);
(m)
prescribing additional requirements of what constitutes express consent for the purposes of subsection 22(2);
(n)
respecting the reasons for which and the method by which an individual may refuse to grant consent or withdraw his or her consent to the collection, use or disclosure of his or her personal health information;
(o)
prescribing for the purposes of paragraph 34(1)(
n) requirements and restrictions for the use of personal health information if the use is permitted or required by law or by a treaty, agreement or arrangement made under an Act of the Legislature or the Parliament of Canada;
(p)
respecting information networks referred to in paragraph 37(6)(
c);
(q)
respecting the establishment of an electronic health record;
(r)
designating a custodian for the purposes of paragraph 37(6)(
d);
(r.1)
prescribing an entity for the purposes of paragraph 38(1)(
g.1),
(s)
Repealed: 2012, c.49, s.3
(t)
prescribing for the purposes of section 43 the requirements of an approval by a research review body and the agreement the custodian and the person proposing the research project must enter into;
(u)
designating for the purposes of paragraph 44(2)(
b) a person or body with whom the Minister may enter into agreements for the sharing of registration information without the consent of the individual;
(u.1)
describing the circumstances in which a custodian may disclose personal health information relating to an individual that is collected in the Province to a person outside the Province;
(v)
authorizing for the purposes of subsection 48(1) persons that may require the production of an individual’s Medicare number or collect or use an individual’s Medicare number;
(v.1)
prescribing for the purposes of subsection 48(1.2) the purposes for which a public body may collect or use an individual’s Medicare number;
(w)
prescribing the manner of notification under paragraph 49(1)(
c);
(x)
prescribing the requirements of the information practices referred to in subsection 50(1);
(y)
prescribing for the purposes of subsection 50(4) additional safeguards for personal health information maintained in electronic form;
(z)
respecting written agreement for the purposes of subsection 52(3);
(aa)
prescribing requirements to be contained in the written policy for the retention, archival storage, access and secure destruction of personal health information for the purposes of paragraph 55(1)(
a);
(bb)
prescribing the manner of consent for the purposes of paragraph 55(2)(
a);
(cc)
respecting the personal health information in the custody or under the control of a custodian that may be stored outside Canada;
(cc.1)
prescribing a custodian that is a public body for the purposes of subsection 56(1);
(cc.2)
prescribing the form and manner of a privacy impact assessment;
(dd)
Repealed: 2016, c.53, s.26
(ee)
respecting the referral of a matter under this Act to a judge of The Court of King’s Bench of New Brunswick for review;
(ff)
respecting an appeal of a matter under this Act to a judge of The Court of King’s Bench of New Brunswick.
(gg)
adopting by reference, in whole or in part and with such changes as are considered necessary, any code, standard, guideline or similar document and may require compliance with the code, standard or guideline,
(hh)
defining any word or expression used in this Act but not defined in this Act;
(ii)
prescribing the manner in which a notice or a record shall be given to a person under this Act;
(jj)
respecting all other matters necessary to carry out the provisions of this Act.
79(2)A regulation under subsection (1) may be made to apply to particular classes of custodians or persons or to particular classes of personal health information.
2009, c.53, s.12; 2012, c.49, s.3; 2016, c.53, s.26; 2017, c.29, s.1; 2017, c.30, s.2; 2023, c.17, s.189