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