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2nd Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 4

THE PERSONAL HEALTH INFORMATION AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P33.5 amended

1           The Personal Health Information Act is amended by this Act.

2(1)        Subsection 63(1) is amended by striking out "or" at the end of clause (d), adding "or" at the end of clause (e) and adding the following after clause (e):

(f) knowingly falsifies another person's personal health information;

2(2)        Subsection 63(2) is replaced with the following:

Offence by employee, officer or agent

63(2)       Despite subsection 61(2), a person who is an employee, officer or agent of a trustee, information manager or health research organization who, without the authorization of the trustee, information manager or health research organization, wilfully

(a) discloses personal health information in circumstances where the trustee, information manager or health research organization would not be permitted to disclose the information under this Act; or

(b) uses, gains access to or attempts to gain access to another person's personal health information;

is guilty of an offence.

Coming into force

3            This Act comes into force on the day it receives royal assent.

Explanatory Note

In a July 2012 report, the Manitoba Ombudsman commented that The Personal Health Information Act does not make it an offence for a person to gain unauthorized access to another person's personal health information. This Bill creates such an offence.

The Bill also makes it an offence to falsify another person's personal health information.