Government Notices — Other

Notice of Minister of Health

Notice of Proposed Regulation

Personal Health Information Protection Act, 2004

The Minister of Health on behalf of the Government of Ontario invites public comments on amending regulations proposed to be made under the Personal Health Information Protection Act, 2004 (“PHIPA”) and the Connecting Care Act, 2019 (“CCA”).

PHIPA came into force on November 1, 2004. Ontario Regulation 329/04, “General,” made under PHIPA (“the PHIPA Regulation”) also came into force on November 1, 2004. The Government is proposing amendments to the PHIPA General Regulation, O. Reg. 329/04. PHIPA requires that the Minister publish a notice of the proposed regulations and allow 60 days for public comment, after which the Minister reports to the Lieutenant Governor in Council, who may then finalize the regulation with or without changes.

However, based on the urgency to ensure that individuals have access to their health information and address capacity challenges expected in the coming months due to an anticipated increase in patient care needs exacerbated by the pandemic, the Minister has shortened the consultation period to 45 days.

Content of Proposed Regulations

The proposed regulations would make the following amendments to the PHIPA General Regulation:

Effective upon proclamation of PHIPA s. 51(5), if approved:

Regulations providing general stipulations to enable individual access to certain data held in the Electronic Health Record (EHR):

• Establish that Ontario Health (OH), as the prescribed organization (PO), will only provide personal health information (PHI) from the EHR through digital means approved by OH.
• Provide that OH may phase in access to the portal over time provided all individuals have access by September 30, 2023.
• Establish the scope of the data available in the EHR for individual access, and the timing as to when that data will be available.
• Require public hospitals to contribute PHI to the EHR as requested by OH and in accordance with interoperability specifications.

Limitations to Ontario Health’s role as the PO when providing individual access to PHI held in the EHR:

• Establish that OH is not responsible for making the determination of whether a record should be exempt from disclosure under s. 52 of PHIPA.
• Establish that OH is not responsible for correcting records in the EHR under s. 55 of PHIPA.
• Establish that OH will only provide summaries in respect to electronic audit logs of records, as well as electronic records of all instances where consent directives are made, withdrawn or modified or overridden under s. 55.7.

PHIPA s. 51(6) which provides a general right of access to records in the custody of a health information custodian (HIC) on when an individual’s PHI in the EHR has been viewed, handled or dealt with by the HIC (e.g. access logs) would also be proclaimed at the same time as s.51(5), if approved. The proposed regulations would only require that HICs provide summaries of such access logs, if available.

In addition, O. Reg. 571/20 under the CCA is proposed to be amended to stipulate that, similar to other activities conducted by the PO, OH is relieved of risk of liability for activities relating to the processing of access requests under PHIPA.

The public is invited to provide written comments on the proposed regulation over a 45-day period, commencing on February 5, 2022 and ending on March 22, 2022.

In providing comments, please consider whether the proposed regulations should be made, with or without changes. Furthermore, please consider whether any other regulatory amendments should be made to the PHIPA Regulation. Please be as specific as possible, and provide a full rationale for any suggested changes or additions.

Written comments may be addressed to:

Digital Health Program Branch
Ministry of Health
Digital Health Division
1075 Bay Street, 12^th Floor
Toronto ON M5S 2B1
Email: digitalhealthdivision@ontario.ca

The text of the proposed regulation is set out following this notice in English and French. We welcome your input in either English or French. All comments and submissions received during the comment period will be considered during final preparation of the regulation. The content, structure and form of the proposed regulation is subject to change as a result of the consultation process and is in the discretion of the Lieutenant Governor in Council, who has the final decision on the contents of any regulation.

Information respecting PHIPA and the PHIPA Regulation, and electronic copies of this notice, including the text of the proposed regulation, may be accessed through Ontario’s Regulatory Registry website at the following address: https://www.ontariocanada.com/registry.

Copies of PHIPA and the PHIPA Regulation are available at www.e-laws.gov.on.ca.

Please note that all materials or comments received from organizations in response to this Notice will be considered public information and may be used and disclosed by the Ministry to assist the Ministry in evaluating and revising the proposed regulation. This may involve disclosing materials or comments, or summaries of them, to other interested parties during and after the request for public comment process. An individual who provides materials or comments and who indicates an affiliation with an organization will be considered to have submitted those comments or materials on behalf of the organization so identified. Materials or comments received from individuals who do not indicate an affiliation with an organization will not be considered public information unless expressly stated otherwise by the individual. However, materials or comments provided by individuals may be used and disclosed by the Ministry to assist in evaluating and revising the proposed regulation. Personal information of those who do not specify an organizational affiliation, such as an individual’s name and contact details, is collected by the Ministry under the authority of subsection 38(2) of the Freedom of Information and Protection of Privacy Act and subsection 74(1) of the Personal Health Information Protection Act, 2004, and will not be disclosed by the Ministry without the individual’s consent unless required by law. If you have any questions about the collection of this information, you can contact the Freedom of Information and Privacy Coordinator of the Ministry of Health at 416-327-7040.

The Honourable Christine Elliott
Minister of Health

Caution:

This consultation draft is intended to facilitate dialogue concerning its contents. Should the decision be made to proceed with the proposal, the comments received during consultation will be considered during the final preparation of the regulation. The content, structure, form and wording of the consultation draft are subject to change as a result of the consultation process and as a result of review, editing and correction by the Office of Legislative Counsel.

consultation draft

ontario regulation

to be made under the

personal health information protection act, 2004

Amending O. Reg. 329/04

(general)

1. Ontario Regulation 329/04 is amended by adding the following sections:

Application of s.51 (5) of the Act

18. 1. 1. 1. This section applies to the Agency when it is acting as the prescribed organization under subsection 51 (5) of the Act.
          2. The Agency,
             1. is not required to consider the factors described in section 52 of the Act, but, before providing the access described in that section, shall obtain confirmation from the health information custodian that contributed the personal health information that there is no reason to refuse access under that section;
             2. is not required to comply with the requirements under section 55 of the Act; and
             3. is only required to provide a summary, through a digital means approved by the Agency, of the information contained in the electronic records described in paragraph 2 of subsection 51 (5) of the Act, and is not required to provide access to the actual record.
          3. For the purposes of applying paragraph 1 of subsection 51 (5) of the Act,
             1. the Agency is not required to act as if it were a health information custodian with respect to records derived from the Provincial Client Registry or a successor repository;
             2. the Agency may act as if it were a health information custodian with respect to all records accessible through the electronic health record but is only required to act as if it were a health information custodian,
                1. on and after September 30, 2022, with respect to records that are derived from the Ontario Laboratories Information System or a successor repository,
                2. on and after December 31, 2022, with respect to records that are derived from the Digital Health Drug Repository or a successor repository,
                3. on and after March 31, 2023, with respect to records that are derived from Diagnostic Imaging-Common Service or a successor repository, and
                4. on and after September 30, 2023, with respect to records that are derived from the Acute and Community Clinical Data Repository or a successor repository, and is not required to act as if it were a health information custodian with respect to information that contributed to that Repository before that date.
          4. The Agency,
             1. is only required to respond to requests for access to personal health information that are made through a digital means of access approved by the Agency; and
             2. is only required to provide access to personal health information through a digital means approved by the Agency.
          5. The Agency may make a digital means of access mentioned in subsection (4) available to individuals in a phased manner as long as it is available to all individuals on or before September 30, 2023, and is not required to comply with the requirements under subsection 54 (2) of the Act until that date.

Application of s.51 (6) of the Act

18. 1. 2. For the purposes of applying subsection 51 (6) of the Act, a health information custodian is only required to provide a summary of the information contained in the records described in that subsection, if the information is available, and is not required to provide access to the actual record.

Information from hospitals

18. 1. 3. Every hospital within the meaning of the Public Hospitals Act shall provide to the Agency for the electronic health record personal health information contained in a digital health asset,
          1. as requested by the Agency; and
          2. in accordance with the interoperability specifications of the Agency.

Commencement

2. [Commencement]

Caution:

This consultation draft is intended to facilitate dialogue concerning its contents. Should the decision be made to proceed with the proposal, the comments received during consultation will be considered during the final preparation of the regulation. The content, structure, form and wording of the consultation draft are subject to change as a result of the consultation process and as a result of review, editing and correction by the Office of Legislative Counsel.

consultation draft

ontario regulation

to be made under the

connecting care act, 2019

Amending O. Reg. 571/20

(section 46 of the act)

1. Section 1 of Ontario Regulation 571/20 is amended by adding the following subsection:
   2. Sections 51 to 54 of the Personal Health Information Protection Act, 2004 are prescribed provisions for the purposes of section 46 of the Connecting Care Act, 2019.

Commencement

2. [Commencement]

(155-G027E)

Notice of Proposed Regulation

Personal Health Information Protection Act, 2004

The Minister of Health on behalf of the Government of Ontario invites public comments on a regulation proposed to be made under the Personal Health Information Protection Act, 2004 (“PHIPA”).

PHIPA came into force on November 1, 2004. Ontario Regulation 329/04, “General,” made under PHIPA (“PHIPA Regulation”), also came into force on November 1, 2004.

A current temporary regulation, an amendment to establish subsections 18(11) and (12) of O. Reg. 329/04, was made on July 30, 2020 and is set to expire on July 30, 2022.

The Government is proposing an extension of subsections 18(11) and (12) of O. Reg 329/04 under PHIPA from July 30, 2022 to July 31, 2024. After a posting period of 60 days, the Minister will report to the Lieutenant Governor in Council, who may then finalize the regulation with or without changes.

Content of Proposed PHIPA Regulation

The proposed extension would require the Institute for Clinical Evaluative Sciences (“ICES”) and Ontario Health (“OH”), at the request of the Minister, to continue to disclose personal health information to the Ministry of Health (“MOH”) for the purposes of researching, analyzing, investigating, preventing, responding to, or alleviating the effects of COVID-19. The personal health information would be used by MOH as permitted under existing PHIPA authorities. The proposed regulation would extend the operation of subsections 18(11) and (12) of O. Reg 329/04 made under PHIPA until July 31, 2024.

Invitation to Provide Comments on Proposed Regulation

The public is invited to provide written comments on the proposed regulation over a 60-day period, from February 5, 2022 to April 6, 2022.

In providing comments, please consider whether the proposed extension to the amendment should be made, with or without changes. Furthermore, please consider whether any other amendments should be made to the proposed PHIPA Regulation. Please be as specific as possible and provide a full rationale for any suggested changes or additions.

Written comments may be addressed to:

Ms. Christine Sham
Director, IM Strategy and Policy Branch
Ministry of Health
Health System Information Management
1075 Bay Street, 13^th Floor
Toronto ON, M5S 2B1
Email: healthprivacy.moh@ontario.ca

The text of the proposed regulation is set out following this notice in English and French. We welcome your input in either English or French. All comments and submissions received during the comment period will be considered during final preparation of the regulation. The content, structure and form of the proposed regulation is subject to change as a result of the consultation process and is in the discretion of the Lieutenant Governor in Council, who has the final decision on the contents of any regulation.

Information respecting PHIPA and the PHIPA Regulation, and electronic copies of this notice, including the text of the proposed regulation, may be accessed through Ontario’s Regulatory Registry web-site at the following address: https://www.ontariocanada.com/registry.

Copies of PHIPA and the PHIPA Regulation are available at www.e-laws.gov.on.ca.

Please note that all materials or comments received from organizations in response to this Notice will be considered public information and may be used and disclosed by the Ministry to assist the Ministry in evaluating and revising the proposed regulation. This may involve disclosing materials or comments, or summaries of them, to other interested parties during and after the request for public comment process. An individual who provides materials or comments and who indicates an affiliation with an organization will be considered to have submitted those comments or materials on behalf of the organization so identified. Materials or comments received from individuals who do not indicate an affiliation with an organization will not be considered public information unless expressly stated otherwise by the individual. However, materials or comments provided by individuals may be used and disclosed by the Ministry to assist in evaluating and revising the proposed regulation. Personal information of those who do not specify an organizational affiliation, such as an individual’s name and contact details, will not be disclosed by the Ministry without the individual’s consent unless required by law. If you have any questions about the collection of this information, you can contact the Freedom of Information and Privacy Coordinator of the Ministry of Health at 416-327-7040 or by email atgeneralapo@ontario.ca.

The Honourable Christine Elliott
Minister of Health

Caution:

This consultation draft is intended to facilitate dialogue concerning its contents. Should the decision be made to proceed with the proposal, the comments received during consultation will be considered during the final preparation of the regulation. The content, structure, form and wording of the consultation draft are subject to change as a result of the consultation process and as a result of review, editing and correction by the Office of Legislative Counsel.

consultation draft

ontario regulation

made under the

personal health information protection act, 2004

Amending O. Reg. 429/20, which amends O. Reg. 329/04

(general)

1.  Subsection 2 (2) of Ontario Regulation 429/20 is amended by striking out “the second anniversary of the day this Regulation is filed” at the end and substituting “July 31, 2024”.

Commencement

2.  [Commencement]

(155-G028E)

Marriage Act

certificate of permanent registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

January 17, 2022 to January 23, 2022

Re-Registrations

certificates of temporary registration as person authorized to solemnize marriage in Ontario have been issued to the following:

January 17, 2022 to January 23, 2022

certificate of cancellation of registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

January 17, 2022 to January 23, 2022

Alexandra Schmidt
Deputy Registrar General

(155-G029)