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C.C.S.M. c. P33.5
The Personal Health Information Act
Table of Contents
| PART 1 | ||
| INTRODUCTORY PROVISIONS | ||
| 1 | Definitions | |
| (2) | Reference to "Act" includes regulations | |
| 2 | Purposes of this Act | |
| 3 | Application of this Act | |
| 4 | Relationship to other Acts | |
| (2) | Conflict with another Act | |
| (3) | Mental Health Act prevails | |
| PART 2 | ||
| ACCESS TO PERSONAL HEALTH INFORMATION |
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| RIGHT TO EXAMINE AND COPY PERSONAL HEALTH INFORMATION |
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| 5 | Right to examine and copy information | |
| (2) | How to make a request | |
| (3) | Trustee may require written request | |
| 6 | Trustee to respond promptly | |
| (1.1) | Information provided in 24 hours | |
| (2) | Duty to assist an individual | |
| (3) | Failure to respond | |
| 7 | Trustee's response | |
| (1.1) | Information about right to make a complaint | |
| (2) | Duty to provide an explanation | |
| (3) | Information in electronic form | |
| 7.1 | Information related to psychological tests and data | |
| (2) | Explanation of psychological tests and data | |
| 8 | 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 | |
| 10.1 | Additional information | |
| (2) | Request to be in writing | |
| (3) | Information to be provided within 30 days | |
| (4) | Effect of request on time limits | |
| (5) | Notice | |
| REASONS FOR REFUSING ACCESS | ||
| 11 | Reasons for refusing access | |
| (2) | Severance of information | |
| 11.1 | Trustee may disregard certain requests | |
| (2) | Notice | |
| CORRECTION OF HEALTH INFORMATION | ||
| 12 | Right to request a correction | |
| (2) | Written request | |
| (3) | Trustee's response | |
| (3.1) | Information about right to make a complaint | |
| (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 | ||
| COLLECTION OF INFORMATION | ||
| 13 | Restrictions on collection | |
| (2) | Limit on amount of information collected | |
| 14 | Source of information | |
| (2) | Exceptions | |
| 15 | 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 |
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| 17 | Retention and destruction policy | |
| (2) | Compliance with regulations | |
| (3) | Method of destruction must protect privacy | |
| (4) | [Repealed] | |
| (5) | Application of this section | |
| 18 | Duty to adopt security safeguards | |
| (2) | Specific safeguards | |
| (3) | Additional safeguards for information in electronic form | |
| 19 | Safeguards for sensitive information | |
| 19.0.1 | Definitions | |
| (2) | Notifying individual of privacy breach | |
| (3) | Notice requirements | |
| (4) | Notifying Ombudsman | |
| 19.1 | 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 | |
| GENERAL DUTIES OF TRUSTEES | ||
| 20 | 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 | |
| (2) | Employees' information | |
| RESTRICTIONS ON DISCLOSURE OF INFORMATION |
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| 22 | 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 | 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 | Disclosure to religious organization | |
| (2) | Conditions | |
| 23.2 | Disclosure for fundraising | |
| (2) | Conditions | |
| HEALTH RESEARCH | ||
| 24 | 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 | Disclosure to health research organization | |
| (2) | Purposes | |
| (3) | Protecting individual privacy | |
| (4) | Agreement required | |
| (5) | Duties of health research organization | |
| INFORMATION MANAGERS | ||
| 25 | 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 | Production and use of PHIN | |
| (2) | Exceptions | |
| PROHIBITION ON SALE OF INFORMATION | ||
| 27 | Prohibition on sale of personal health information | |
| (2) | Exception for pharmacies | |
| NOTICE OF UNAUTHORIZED ACTIVITY | ||
| 27.1 | Disclosure of unauthorized activity to Ombudsman | |
| (2) | Limitation | |
| (3) | No offence | |
| (4) | Identity kept confidential | |
| PART 4 | ||
| POWERS AND DUTIES OF THE OMBUDSMAN | ||
| 28 | General powers and duties | |
| 29 | 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 or audit in private | |
| 32 | Statements and reports not admissible in evidence | |
| (2) | Not compellable as witness | |
| 33 | Privilege | |
| 34 | Ombudsman restricted as to disclosure of information | |
| (2) | When disclosure permitted | |
| (2.1) | Disclosure to prevent risk of harm | |
| (3) | Information about offences | |
| (4) | Information relating to a prosecution or appeal | |
| 35 | Delegation | |
| 36 | Protection from liability | |
| 37 | Annual report | |
| (2) | Report to be laid before Legislative Assembly | |
| (3) | Special report | |
| PART 5 | ||
| COMPLAINTS | ||
| 38 | Definitions | |
| MAKING A COMPLAINT | ||
| 39 | 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 | Investigation | |
| (2) | Informal resolution | |
| 41 | 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 | 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 | Report | |
| (2) | Recommendations about access | |
| (3) | Recommendations about privacy | |
| (4) | Opportunity to make representations | |
| 48 | 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 | Request for review | |
| (3) | Deadline | |
| 48.2 | Notifying others of a request | |
| CONDUCT OF REVIEW BY ADJUDICATOR | ||
| 48.3 | Review by adjudicator | |
| 48.4 | Procedures for a review | |
| (2) | Evidence | |
| (3) | Review in private | |
| (4) | Powers and protections of adjudicator | |
| 48.5 | Right to make representations | |
| (2) | Procedure | |
| (3) | Ombudsman as party | |
| 48.6 | Review to be completed within 90 days | |
| (2) | Extension | |
| 48.7 | Burden of proof if access denied | |
| ADJUDICATOR'S ORDER | ||
| 48.8 | 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 | Duty to comply with orders | |
| (2) | Judicial review | |
| (3) | Order stayed if application made for judicial review | |
| GENERAL PROVISIONS RE THE ADJUDICATOR |
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| 48.10 | Adjudicator to take precautions against disclosing | |
| 48.11 | 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 | Annual report | |
| (2) | Tabling report in Assembly | |
| APPEAL TO COURT | ||
| 49 | 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 | Role for head of public body | |
| (2) | Delegation by head of public body | |
| 59 | Research approval committee | |
| (2) and (3) | [Repealed] | |
| 60 | Exercising rights of another person | |
| (2) | If person unavailable | |
| (3) | Ranking | |
| 61 | Information deemed to be maintained by trustees | |
| (2) | Actions by employees | |
| 62 | Protection from liability | |
| 63 | Offences | |
| (2) | Offence by employee, officer or agent | |
| (3) | Offences by trustees and information managers | |
| (4) | Due diligence defence | |
| (5) | Continuing offence | |
| (6) | Time limit for prosecution | |
| (7) | Application | |
| 64 | Penalty | |
| (2) | Directors and officers of corporations | |
| 65 | Defence under other enactments | |
| (2) | No adverse action | |
| 66 | Regulations | |
| (2) | Application of regulations | |
| PART 7 | ||
| REVIEW AND COMING INTO FORCE | ||
| 67 | Review of Act within five years | |
| (2) | Tabling of report | |
| 68 | C.C.S.M. reference | |
| 69 | Coming into force | |