Government Notices — Other

Foreign Cultural Objects Immunity from Seizure Act Determination

Pursuant to delegated authority and in accordance with subsection 1(1) of the Foreign Cultural Objects Immunity from Seizure Act, R.S.O. 1990, c.F-23, the works of art or other objects of cultural significance listed in Schedule “A” attached hereto, which works or objects are to be on temporary exhibit during the Leiden circa 1630: Rembrandt Emerges exhibition at the Agnes Etherington Art Centre, Queen’s University in Kingston, Ontario and/or at the Art Gallery of Hamilton in Hamilton, Ontario pursuant to loan agreements between the Agnes Etherington Art Centre, Queen’s University and the lenders listed in the attached Schedule “A”, are hereby determined to be of cultural significance and the temporary exhibition of these works or objects in Ontario is in the interest of the people of Ontario.

DATE: July 19, 2019

Determined by Kevin Finnerty
Assistant Deputy Minister
Culture Division
Ministry of Tourism, Culture and Sport

Schedule “A”

List of Works

Leiden circa 1630: Rembrandt Emerges

Agnes Etherington Art Centre

(152-G370)

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 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 (“the PHIPA Regulation) also came into force on November 1, 2004. The Government is proposing a regulation that would amend the PHIPA Regulation. PHIPA requires that the Minister publish a notice of the proposed regulation 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.

Content of Proposed Regulation

The proposed regulation would make the following amendments to the PHIPA Regulation:

• Add Ontario Health to the list of entities in s. 18 of the PHIPA Regulation thereby making Ontario Health a “prescribed entity” for the purposes of s. 45(1) of PHIPA.
• Add Ontario Health in respect of the Ontario Cancer Screening Registry to the list of entities in s. 13 of the PHIPA Regulation thereby making Ontario Health a “prescribed registry” for the purposes of s. 39(1)(c) of PHIPA.
• Confirm that, 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: (a) require that Ontario Health put into place administrative, technical and physical safeguards, practices and procedures; and (b) provide that all of the obligations that apply to eHealth Ontario under section 6.2 of the PHIPA Regulation (the “EHR HINP Provisions”, which govern the provision of electronic services, and the creation and maintenance of the electronic health record) apply to Ontario Health.
• Extend the revocation date of the EHR HINP Provisions of the PHIPA Regulation from January 1, 2020 to January 1, 2021. This extension is necessary to ensure eHealth Ontario or Ontario Health, as the case may be, may continue to create and maintain the provincial electronic health record while the government of Ontario continues the work necessary before Part V.1 of PHIPA could be proclaimed into force.

Invitation to Provide Comments on Proposed Regulation

The public is invited to provide written comments on the proposed regulation over a 60-day period, commencing on August 3, 2019 and ending on October 2, 2019.

In providing comments, please consider whether the proposed amendments to the PHIPA Regulation should be made, with or without changes. Furthermore, please consider whether any other 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:

Ms. Barb Guiao
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.

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

Ontario Health

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,
         1. 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
         2. permit Ontario Health to comply with sections 6 and 6.2 of this Regulation, as applicable.

1. 2. Clause 6.1.1 (b) of the Regulation, as made by subsection (1), is revoked and the following substituted:
      2. 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, all of the obligations that apply to eHealth Ontario under section 6.2 of this Regulation apply to Ontario Health, with necessary modification.

2. 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. Subsection 18 (1) of the Regulation is amended by adding the following paragraph:

5. Ontario Health.

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”.

Commencement

6. [Commencement]

(152-G371E)

Notice of Minister of Health

Under s. 74 of the Personal Health Information Protection Act, 2004

Under section 74(6) of the Personal Health Information Protection Act, 2004 (PHIPA), the Minister of Health (Minister) may decide that the requirements under subsection 74(1) to (5), including notice of a proposed regulation and a 60-day public consultation period, should not apply to the power of the Lieutenant Governor in Council to make a regulation under section 73 of PHIPA. The Minister is required to provide public notice of this decision and her reason for making the decision.

I have determined that the proposed regulation is required to clarify the operation of PHIPA and its regulation and therefore the requirements outlined in subsections 74(1) to (5) of PHIPA should not apply to the power of the Lieutenant Governor in Council to make a regulation under PHIPA respecting the following matter:

Proposed amendment to Ontario Regulation 329/04 (General) under PHIPA:

• Prescribe the Minister of Long-Term Care, together with the Ministry of Long-Term Care (Minister/MLTC) if the context so requires, as a health information custodian (HIC); and
• Provide that the Minister/MLTC, together with the Minister/MOH, are deemed to be a single HIC with respect to all of the functions of those ministers and ministries.

I have determined that the sole purpose of the proposed regulation is to clarify the intent and operation of PHIPA and its regulation to the new Minister/MLTC and to enable uninterrupted collection, use and disclosure of personal health information by the ministries in carrying out their functions. The proposed regulation does not affect business or introduce any new costs or financial burden to stakeholders or the Government.

The Honourable Christine Elliott
Minister of Health

(152-G372E)

Marriage Act

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

July 15, 2019 to July 21, 2019

Re-Registrations

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

July 15, 2019 to July 21, 2019

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

July 15, 2019 to July 21, 2019

Alexandra Schmidt
Deputy Registrar General

(152-G373)