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O. Reg. 120/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - ACCESS TO COVID-19 STATUS INFORMATION BY SPECIFIED PERSONS

under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

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current April 3, 2020 (e-Laws currency date)

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Emergency Management and Civil Protection Act

ONTARIO REGULATION 120/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - ACCESS TO COVID-19 STATUS INFORMATION BY SPECIFIED PERSONS

Note: This Order is revoked on June 9, 2020, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 106/20, Sched. 1)

Consolidation Period: From April 3, 2020 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;

And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 8, 9, 10, 12, 13 and 14 of that subsection, the terms of which are set out in Schedule 1;

And Further, this Order applies generally throughout Ontario;

And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act.

Schedule 1
ACCESS TO COVID-19 STATUS INFORMATION BY SPECIFIED PERSONS

Interpretation

1. In this Order,

“COVID-19 status information”, in relation to an individual, means the individual’s name, address and date of birth and whether the individual has had a positive test for the COVID-19 coronavirus;

“specified custodians” means,

(a)  laboratories licensed under the Laboratory and Specimen Collection Centre Licensing Act; and

(b)  medical officers of health within the meaning of subsection 1 (1) of the Health Protection and Promotion Act.

Request for COVID-19 status information

2. The following persons are authorized to make a request to a specified custodian for the disclosure of COVID-19 status information in relation to an individual specified in the request:

1.  A police officer as defined in the Police Services Act.

2.  A member of a police force other than a police officer as defined in the Police Services Act.

3.  A First Nations Constable appointed under section 54 of the Police Services Act.

4.  A member of a police service in which policing is delivered by First Nations Constables.

5.  An individual employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997.

6.  An individual who is,

i.  engaged in providing fire protection services as defined under section 1 of the Fire Protection and Prevention Act, 1997, and

ii.  employed in a fire department as defined under section 1 of the Fire Protection and Prevention Act, 1997.

7.  A paramedic as defined in the Ambulance Act.

8.  A communications officer within the meaning of Ontario Regulation 257/00 (General) made under the Ambulance Act.

Disclosure of COVID-19 status information

3. (1) On request of a person listed in section 2, a specified custodian shall take all reasonable steps to ensure that any COVID-19 status information that is within the custodian’s custody or control is disclosed in a timely manner to the person making the request, and shall do so,

(a)  by disclosing the information directly to the person, or

(b)  if the Ministry of Health has developed a system to facilitate access to COVID-19 status information for the purpose of this Order, by disclosing the information to the Ministry so that the Ministry may make it available to the person making the request.

(2) Disclosure by a specified custodian to the Ministry of Health for the purpose of clause (1) (b) shall be made in accordance with any requirements specified by the Ministry of Health.

Authority to collect, use and disclose information

4. The Ministry of Health may, in accordance with this Order and as may be necessary in order to prevent, respond to or alleviate the effects of the emergency,

(a)  collect COVID-19 status information; and

(b)  use and disclose the COVID-19 status information by making it available to the persons listed in section 2.

 

 

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