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ontario regulation 424/09

made under the

personal health information protection act, 2004

Made: November 3, 2009
Filed: November 5, 2009
Published on e-Laws: November 6, 2009
Printed in The Ontario Gazette: November 21, 2009

Amending O. Reg. 329/04


1. Section 3 of Ontario Regulation 329/04 is amended by adding the following subsection:

(2) A health information custodian described in paragraph 6 of subsection 3 (1) of the Act shall be deemed to be included in the list of types of custodians referred to in subsections 20 (2) and (3) and clause 38 (1) (a) of the Act.

2. Paragraph 1 of subsection 5 (1) of the Regulation is amended by striking out “and subsection 168 (3)”.

3. Subsection 13 (1) of the Regulation is amended by adding the following paragraphs:

7. Children’s Hospital of Eastern Ontario in respect of the Ontario Perinatal Surveillance System.

8. Ontario Institute for Cancer Research in respect of the Ontario Tumour Bank.

4. Section 18 of the Regulation is amended by adding the following subsection:

(9) Despite subsection 45 (6) of the Act, Cancer Care Ontario may disclose personal health information about an individual to a person outside Ontario where,

(a) the disclosure is for the purpose of health planning or health administration;

(b) the information relates to health care provided in Ontario to a person who is a resident of another province or territory of Canada; and

(c) the disclosure is made to a body responsible for the provision, planning, analysis or payment of cancer services in that province or territory. 

5. Section 25.1 of the Regulation is revoked.

6. This Regulation comes into force on the day it is filed.