Regulation - LGIC

Prescribed electronic format to enable digital access to personal health information

Regulation Number(s):
(not assigned)
Instrument Type:
Regulation - LGIC
Bill or Act:
Personal Health Information Protection Act, 2004 (PHIPA)
Summary of Proposal:
The regulation would enable s.52 (1.1) of PHIPA by providing a prescribed digital format that would enable the right to access a record of personal health information in an electronic format. The stipulations of the regulation are as follows:

Effective January 1, 2022,
• If patients make an access request for their personal health information (PHI) in digital format, Health Information Custodians (HICs) must provide patients with PHI in a PDF file.
• A HIC can be exempt from providing PHI in a PDF file if they can demonstrate that the process will cause undue hardship.

Currently, s.52 (1.1) remains dormant as no digital format has been prescribed to allow the public to receive their personal health information in an electronic format when making an access request. By prescribing a digital format, the regulation aims to meet patient and caregiver demand to access PHI digitally to be better informed and be able to better manage their health, and provide clear expectations for Ontarians on how they can digitally access their personal health information.
Analysis of Regulatory Impact:
Work is currently underway analyzing possible administrative and compliance costs to businesses and professionals that may result from this regulatory proposal. To inform this analysis we encourage you to provide your feedback.
Further Information:
Proposal Number:
21-HLTC024
Posting Date:
October 7, 2021
Comments Due Date:
December 15, 2021
Contact Address:
Digital Health Program Branch
Digital Health Division
Ministry of Health
1075 Bay St., 12th floor
Toronto, ON M5S 2B1
Email: digitalhealthdivision@ontario.ca