.png){kind=small}
C.C.S.M. c. P33.5
The Personal Health Information Act
| PART 1 | ||
| INTRODUCTORY PROVISIONS | ||
| 1 | (1) | Definitions |
| (2) | Reference to "Act" includes regulations | |
| 2 | Purposes of this Act | |
| 3 | Application of this Act | |
| 4 | (1) | Relationship to other Acts |
| (2) | Conflict with another Act | |
| (3) | Mental Health Act prevails | |
| PART 2 | ||
| ACCESS TO PERSONAL HEALTH INFORMATION | ||
| RIGHT TO EXAMINE AND COPY PERSONAL HEALTH INFORMATION | ||
| 5 | (1) | Right to examine and copy information |
| (2) | How to make a request | |
| (3) | Trustee may require written request | |
| 6 | (1) | Trustee to respond promptly |
| (1.1) | Information provided in 24 hours | |
| (2) | Duty to assist an individual | |
| (3) | Failure to respond | |
| 7 | (1) | Trustee's response |
| (2) | Duty to provide an explanation | |
| (3) | Information in electronic form | |
| 8 | (1) | Transferring a request to another trustee |
| (2) | Response within 30 days after transfer | |
| 9 | Trustee must take precautions about release | |
| 9.1 | Notice of right to access information | |
| 10 | Fees | |
| REASONS FOR REFUSING ACCESS | ||
| 11 | (1) | Reasons for refusing access |
| (2) | Severance of information | |
| CORRECTION OF HEALTH INFORMATION | ||
| 12 | (1) | Right to request a correction |
| (2) | Written request | |
| (3) | Trustee's response | |
| (4) | When a trustee refuses to make a correction | |
| (5) | Notifying others of a correction or statement of disagreement | |
| (6) | No fee | |
| PART 3 | ||
| PROTECTION OF PRIVACY | ||
| DIVISION 1 | ||
| RESTRICTIONS ON COLLECTION AND RETENTION OF INFORMATION | ||
| COLLECTION OF INFORMATION | ||
| 13 | (1) | Restrictions on collection |
| (2) | Limit on amount of information collected | |
| 14 | (1) | Source of information |
| (2) | Exceptions | |
| 15 | (1) | Notice of collection practices |
| (2) | Exception if information already provided | |
| ACCURACY OF INFORMATION | ||
| 16 | Duty to ensure accuracy of information | |
| RETENTION AND DESTRUCTION OF INFORMATION | ||
| 17 | (1) | Retention and destruction policy |
| (2) | Compliance with regulations | |
| (3) | Method of destruction must protect privacy | |
| (4) | Repealed | |
| (5) | Application of this section | |
| DIVISION 2 | ||
| SECURITY SAFEGUARDS | ||
| 18 | (1) | Duty to adopt security safeguards |
| (2) | Specific safeguards | |
| (3) | Additional safeguards for information in electronic form | |
| 19 | Safeguards for sensitive information | |
| DIVISION 2.1 | ||
| CONSENT RE PERSONAL HEALTH INFORMATION | ||
| 19.1 | (1) | Elements of consent |
| (2) | Knowledgeable consent | |
| (3) | Express or implied consent | |
| (4) | Exception | |
| (5) | Express consent need not be written | |
| (6) | Express consent can be relied on | |
| (7) | Consent with conditions | |
| 19.2 | Consent may be withdrawn | |
| DIVISION 3 | ||
| RESTRICTIONS ON USE AND DISCLOSURE OF INFORMATION | ||
| GENERAL DUTIES OF TRUSTEES | ||
| 20 | (1) | General duty of trustees re use and disclosure |
| (2) | Limit on amount of information used or disclosed | |
| (3) | Limit on the trustee's employees | |
| RESTRICTIONS ON USE OF INFORMATION | ||
| 21 | Restrictions on use of information | |
| RESTRICTIONS ON DISCLOSURE OF INFORMATION | ||
| 22 | (1) | Individual's consent to disclosure |
| (2) | Disclosure without individual's consent | |
| (2.1) | Computerized health information network | |
| (2.2) | Disclosure by minister to another government | |
| (3) | Limit on disclosure | |
| 23 | (1) | Disclosure to family about patient's health care |
| (1.1) | Timely disclosure to family | |
| (2) | Disclosure about patient's condition | |
| (3) | No disclosure if possible harm | |
| 23.1 | (1) | Disclosure to religious organization |
| (2) | Conditions | |
| 23.2 | (1) | Disclosure for fundraising |
| (2) | Conditions | |
| HEALTH RESEARCH | ||
| 24 | (1) | Disclosure for health research |
| (2) | Who may give an approval | |
| (3) | Conditions for approval | |
| (4) | Agreement required | |
| (5) | Limitation for projects requiring direct contact with individuals | |
| 24.1 | (1) | Disclosure to health research organization |
| (2) | Purposes | |
| (3) | Protecting individual privacy | |
| (4) | Agreement required | |
| (5) | Duties of health research organization | |
| DIVISION 4 | ||
| MISCELLANEOUS REQUIREMENTS | ||
| INFORMATION MANAGERS | ||
| 25 | (1) | Trustee may provide information to an information manager |
| (2) | Restrictions on use | |
| (3) | Agreement required | |
| (4) | Information manager must comply with Act | |
| (5) | Information deemed to be maintained by the trustee | |
| PHIN | ||
| 26 | (1) | Production and use of PHIN |
| (2) | Exceptions | |
| PROHIBITION ON SALE OF INFORMATION | ||
| 27 | (1) | Prohibition on sale of personal health information |
| (2) | Exception for pharmacies | |
| PART 4 | ||
| POWERS AND DUTIES OF THE OMBUDSMAN | ||
| 28 | General powers and duties | |
| 29 | (1) | Evidence Act powers |
| (2) | Production of records | |
| (3) | Records produced within 14 days | |
| (4) | Examination of record on site | |
| (5) | Production required despite other laws | |
| 30 | Right of entry | |
| 31 | Investigation in private | |
| 32 | (1) | Statements and reports not admissible in evidence |
| (2) | Not compellable as witness | |
| 33 | Information provided under qualified privilege | |
| 34 | (1) | Ombudsman restricted as to disclosure of information |
| (2) | When disclosure permitted | |
| (3) | Information about offences | |
| (4) | Information relating to a prosecution or appeal | |
| 35 | Delegation | |
| 36 | Protection from liability | |
| 37 | (1) | Annual report |
| (2) | Report to be laid before Legislative Assembly | |
| (3) | Special report | |
| PART 5 | ||
| COMPLAINTS | ||
| 38 | Definitions | |
| MAKING A COMPLAINT | ||
| 39 | (1) | Right to make a complaint about access |
| (2) | Right to make a complaint about privacy | |
| (3) | Complaint in writing | |
| (4) | Ombudsman may initiate a complaint | |
| INVESTIGATION | ||
| 40 | (1) | Investigation |
| (2) | Informal resolution | |
| 41 | (1) | Decision to not deal with a complaint |
| (2) | Ombudsman may defer complaint about access | |
| (3) | Notifying the complainant | |
| 42 | Notifying trustee and others of complaint | |
| 43 | (1) | Representations to the Ombudsman |
| (2) | Written or oral representations | |
| (3) | Representations by counsel | |
| 44 | Obtaining opinion of physician or other expert | |
| 45 | Duty to cooperate | |
| 46 | Time limit for investigation | |
| OMBUDSMAN'S REPORT | ||
| 47 | (1) | Report |
| (2) | Recommendations about access | |
| (3) | Recommendations about privacy | |
| 48 | (1) | Report given to complainant and others |
| (2) | Forwarding report to professional regulatory body | |
| (3) | Notice of right to appeal | |
| (4) | Trustee's response to the report | |
| (5) | Notice to the complainant | |
| (6) | Compliance with recommendations | |
| (7) | Recommendations published | |
| REQUEST FOR ADJUDICATOR'S REVIEW | ||
| 48.1 | (1) | Request for review |
| (2) | Nature of request | |
| (3) | Deadline | |
| 48.2 | Notifying others of a request | |
| CONDUCT OF REVIEW BY ADJUDICATOR | ||
| 48.3 | Review by adjudicator | |
| 48.4 | (1) | Procedures for a review |
| (2) | Evidence | |
| (3) | Review in private | |
| (4) | Powers and protections of adjudicator | |
| 48.5 | (1) | Right to make representations |
| (2) | Procedure | |
| (3) | Ombudsman as party | |
| 48.6 | (1) | Review to be completed within 90 days |
| (2) | Extension | |
| 48.7 | Burden of proof if access denied | |
| ADJUDICATOR'S ORDER | ||
| 48.8 | (1) | Adjudicator's order |
| (2) | Order re access | |
| (3) | Order re privacy | |
| (4) | Order may contain terms or conditions | |
| (5) | Order given to parties | |
| (6) | Orders published | |
| 48.9 | (1) | Duty to comply with orders |
| (2) | Judicial review | |
| (3) | Order stayed if application made for judicial review | |
| GENERAL PROVISIONS RE THE ADJUDICATOR | ||
| 48.10 | Adjudicator to take precautions against disclosing | |
| 48.11 | (1) | Statements made to adjudicator not admissible in evidence |
| (2) | Evidence of proceeding before adjudicator | |
| 48.12 | Information provided under qualified privilege | |
| 48.13 | Protection from liability | |
| 48.14 | (1) | Annual report |
| (2) | Tabling report in Assembly | |
| APPEAL TO COURT | ||
| 49 | (1) | Appeal to court for access to record |
| (2) | Restrictions on appeal | |
| (3) | Appeal within 30 days | |
| (4) | Trustee to be named as respondent | |
| (5) | Appeal served on trustee and Ombudsman | |
| 50 | Ombudsman may intervene | |
| 51 | Expeditious appeal | |
| 52 | Burden of proof | |
| 53 | Court may order production of records | |
| 54 | Court to take precautions against disclosing | |
| 55 | Powers of court on appeal | |
| 56 | No further appeal except with leave | |
| PART 6 | ||
| GENERAL PROVISIONS | ||
| 57 | Privacy officer for facility and agency | |
| 58 | (1) | Role for head of public body |
| (2) | Delegation by head of public body | |
| 59 | (1) | Health information privacy committee |
| (2) | Public representation | |
| (3) | Responsibilities | |
| 60 | (1) | Exercising rights of another person |
| (2) | If person unavailable | |
| (3) | Ranking | |
| 61 | (1) | Information deemed to be maintained by trustees |
| (2) | Actions by employees | |
| 62 | Protection from liability | |
| 63 | (1) | Offences |
| (2) | Offence by employee | |
| (3) | Offences by trustees and information managers | |
| (4) | Due diligence defence | |
| (5) | Continuing offence | |
| (6) | Prosecution within two years | |
| 64 | (1) | Penalty |
| (2) | Directors and officers of corporations | |
| 65 | (1) | Defence under other enactments |
| (2) | No adverse employment action | |
| 66 | (1) | Regulations |
| (2) | Application of regulations | |
| PART 7 | ||
| REVIEW AND COMING INTO FORCE | ||
| 67 | (1) | Review of Act in five years |
| (2) | Tabling of report | |
| 68 | C.C.S.M. reference | |
| 69 | Coming into force | |