O. Reg. 377/19: GENERAL
filed November 13, 2019 under Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. ASkip to content
ontario regulation 377/19
made under the
Personal Health Information Protection Act, 2004
Made: November 13, 2019
Filed: November 13, 2019
Published on e-Laws: November 13, 2019
Printed in The Ontario Gazette: November 30, 2019
Amending O. Reg. 329/04
1. (1) Ontario Regulation 329/04 is amended by adding the following section:
6.1.1 If, pursuant to an order made under subsection 40 (1) of the Connecting Care Act, 2019, Ontario Health assumes the operations, activities and affairs of eHealth Ontario, Ontario Health shall put in place administrative, technical and physical safeguards, practices and procedures to protect both the privacy of the individuals in relation to whose personal health information it provides services and the confidentiality of such information, and that,
(a) permit compliance with the Act by health information custodians who rely on services supplied by Ontario Health to use electronic means to collect, use, modify, disclose, retain or dispose of personal health information; and
(b) permit Ontario Health to comply with sections 6 and 6.2 of this Regulation, as applicable.
(2) Clause 6.1.1 (b) of the Regulation, as made by subsection (1), is revoked and the following substituted:
(b) permit Ontario Health to comply with section 6 of this Regulation.
2. (1) The Regulation is amended by adding the following section:
Transfer of eHealth Ontario
6.2.1 If, pursuant to an order made under subsection 40 (1) of the Connecting Care Act, 2019, Ontario Health assumes the operations, activities and affairs of eHealth Ontario, section 6.2 of this Regulation applies to Ontario Health in the same way that it applies to eHealth Ontario, with necessary modification.
(2) Section 6.2.1 of the Regulation, as made by subsection (1), is revoked.
3. Subsection 13 (1) of the Regulation is amended by adding the following paragraph:
6.1 Ontario Health in respect of the Ontario Cancer Screening Registry.
4. (1) Subsection 18 (1) of the Regulation is amended by adding the following paragraph:
5. Ontario Health.
(2) Section 18 of the Regulation is amended by adding the following subsection:
(10) Despite subsection 45 (6) of the Act, Ontario Health 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.
O. Reg 331/11
5. Subsection 3 (2) of Ontario Regulation 331/11 is amended by striking out “January 1, 2020” at the end and substituting “January 1, 2021”.
6. (1) Subject to subsection (2), this Regulation comes into force on the later of December 2, 2019 and the day it is filed.
(2) Subsections 1 (2) and 2 (2) come into force on the day subsection 1 (11) of Schedule 1 to the Health Information Protection Act, 2016 comes into force.