Regulation - LGIC

2009 Notice of Proposed Regulations Under the Personal Health Information Protection Act, 2004 (PHIPA)

Regulation Number(s):
O.Reg. 424/09, consolidated into O.Reg. 329/04
Instrument Type:
Regulation - LGIC
Bill or Act:
Personal Health Information Protection Act, 2004 (PHIPA)
Summary of Decision:
The regulation contains provisions to:
• permit Cancer Care Ontario (CCO) to disclose the personal health information of out-of-province patients to CCO’s counterpart organizations in other provinces for the purpose of health planning or health administration

• add medical officers of health to the list of health information custodians that can rely on assumed implied consent for the collection, use and disclosure of personal health information for the purpose of providing health care (i.e. custodians within the “circle of care”)

• prescribe the Ontario Perinatal Surveillance System and the Ontario Tumour Bank as registries for the purposes of section 39(1)(c) of PHIPA

• effect two housekeeping updates to O. Reg. 329/04.
Further Information:
Proposal Number:
Posting Date:
July 11, 2009
Summary of Proposal:
Amendments to the general regulation under PHIPA (O.Reg. 329/04) are proposed to clarify application of the Act, update provisions where necessary and prescribe new registries.

The proposed amendments are based on recommendations provided by the Standing Committee on Social Policy and comments provided by stakeholders during the course of the mandated review of the Act, three years after the Act and its regulation came into force.

The proposed amendments will make PHIPA’s application and intent clearer and facilitate activities to improve quality of care.
Contact Address:
Ms. Alison Blair
Director, IM Strategy and Policy Branch
Ministry of Health and Long-Term Care
Health System Information Management
1075 Bay Street, 13th Floor
Toronto ON M5S 2B1
Fax: (416) 314-6731
Effective Date:
November 5, 2009