Notice of Minister of Health and Long-Term Care Under s. 74 of the Personal Health Information Protection Act, 2004

Under section 74(6) of the Personal Health Information Protection Act, 2004 (PHIPA), the Minister of Health and Long-Term Care may decide that the requirements under subsection 74(1) to (5), including notice of the proposed regulation and a 60-day public consultation period, should not apply to the power of the Lieutenant Governor in Council to make a regulation under section 73 of PHIPA. The Minister is required to provide public notice of this decision and his reason for making the decision.

I have determined that the proposed regulation amendment is of a minor or technical nature and therefore the requirements outlined in subsections 74(1) to (5) of PHIPA should not apply to the power of the Lieutenant Governor in Council to make a regulation under PHIPA respecting the following matter:

Proposed amendment to Ontario Regulation 329/04 under PHIPA:

  • Amend the date on which section 6.2 of Ontario Regulation 329/04 (General) under PHIPA is revoked, and make one other necessary, consequential amendment. If made, the revocation date will be changed from January 1, 2017 to January 1, 2018.

I have determined that the regulation amendment is of a minor or technical nature, as its sole effect is to extend the revocation date of section 6.2. The amendment does not affect business or introduce any new costs or financial burden to stakeholders or the Government.

The Health Information Protection Act, 2016 (HIPA) received Royal Assent on May 18, 2016. It establishes privacy rules for the shared Electronic Health Record (EHR). The Ministry is undertaking the work required to proclaim into force the provisions of HIPA related to the EHR. If proclaimed into force, the new legislative framework will permanently replace section 6.2 of Ontario Regulation 329/04.

The Honourable Dr. Eric Hoskins
Minister of Health and Long-Term Care

(149-G641E)