Regulation - LGIC

Health Information Custodian Status for the Ministry of Health Funded First Nation and Urban Indigenous Home and Community Care Service Providers

Regulation Number(s):
O. Reg 329/04
Instrument Type:
Regulation - LGIC
Bill or Act:
Personal Health Information Protection Act, 2004
Summary of Decision:
Made: March 10, 2022
Filed: March 11, 2022
Published on e-Laws: March 14, 2022
Printed in The Ontario Gazette: March 26, 2022
Analysis of Regulatory Impact:
There are no new administrative costs associated with this proposal. The proposed amendment maintains the status quo: it would ensure that First Nations and urban Indigenous organizations providing home and community care services that are directly funded by the Ministry of Health continue to be Health Information Custodians.
Further Information:
Proposal Number:
Posting Date:
May 10, 2021
Summary of Proposal:
The Ministry of Health is proposing to amend section 3 of O. Reg 329/04 under the Personal Health Information Protection Act, 2004 (PHIPA) to ensure that Indigenous organizations funded directly by the Ministry of Health continue to be Health Information Custodians under PHIPA. The proposed amendment would set out that every Indigenous organization that has entered into an agreement with the Minister of Health pursuant to paragraph 4.1 of subsection 6(1) of the Ministry of Health and Long-Term Care Act to provide home and community care services for Indigenous communities:
• is prescribed as a health information custodian
• is prescribed as a single health information custodian with respect to all of its functions in providing those services, and
• shall be deemed to be included in the type of custodians referred to in subsections 20 (2) and (3), clause 38 (1) (a) and subclause 39 (1) (d) (i) of PHIPA.

The Ministry of Health welcomes your feedback and encourages anyone interested to provide comments on this proposal. You may submit your comments through the Regulatory Registry or via email to
Contact Address:
Director, IM Strategy and Policy Branch
Ministry of Health
Health System Information Management
1075 Bay Street, 13th Floor
Toronto ON M5S 2B1
Effective Date:
May 1, 2022