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ontario regulation 56/23

made under the

Personal Health Information Protection Act, 2004

Made: March 23, 2023
Filed: March 27, 2023
Published on e-Laws: March 28, 2023
Printed in The Ontario Gazette: April 15, 2023

Amending O. Reg. 329/04

(GENERAL)

1. Section 18.0.1 of Ontario Regulation 329/04 is revoked and the following substituted:

Right to access record in electronic format

18.0.1 (1) For the purposes of subsection 52 (1.1) of the Act, the right of an individual to access a record of personal health information about the individual that is in the custody or under the control of a health information custodian includes the right to have the health information custodian provide the record to the individual in,

(a)  an electronic format specified by the Agency in accordance with this section;

(b)  a PDF file; or

(c)  any other electronic format that is agreed to by the health information custodian and the individual.

(2) The Agency shall make the electronic formats that are specified for the purposes of clause (1) (a) available to the public by posting them on the Agency’s website.

(3) The Agency shall ensure that the most up-to-date specifications of electronic formats, including any amendments to the specifications, are posted in accordance with subsection (2).

(4) Before making or amending the specifications of electronic formats referred to in subsection (2), the Agency shall,

(a)  make the proposed specification or amendment available to the public by posting the proposal on the Agency’s website and allowing members of the public to make recommendations on it for at least 30 days;

(b)  consult with the Commissioner on the proposal, in a manner that the Agency and the Commissioner mutually consider appropriate in the circumstances;

(c)  consider the recommendations, if any, made by the public and the Commissioner before providing the proposal to the Minister for review and approval; and

(d)  obtain the Minister’s approval of the proposal.

(5) For greater certainty, the Agency may, after considering the recommendations referred to in clause (4) (c), make changes to the proposed specification or amendment before submitting it for the Minister’s approval and does not need to consult further on those changes.

(6) For greater certainty, the electronic format that is specified or agreed to under subsection (1) may include a secure online application, such as a portal.

Commencement

2. This Regulation comes into force on July 1, 2023.

 

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