Government Notices — Other

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 amendments to 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 amendment to the PHIPA Regulation:

Name the Ministry of Children, Community and Social Services (MCCSS) as a prescribed Ministry for the purposes of subsection 46(1) of PHIPA.

This amendment would mean that, if the Minister of MCCSS so requested, a health information custodian would be required to disclose personal health information to the Minister for the purpose of determining, providing, monitoring or verifying payment or funding for health care funded wholly or in part by the Ministry or for goods used for health care funded in whole or in part by the Ministry.

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 October 31, 2020 and ending on December 30, 2020.

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:

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

Disclaimer:

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

[Bilingual]

ontario regulation

to be made under the

personal health information protection act

Amending O. Reg. 329/04

(general)

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

Prescribed ministry

19. The Ministry of Children, Community and Social Services is a prescribed ministry for the purposes of subsection 46 (1) of the Act.

Commencement

2. [Commencement].

(153-G339E)

Marriage Act

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

October 12, 2020 to October 18, 2020

Re-Registrations

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

October 12, 2020 to October 18, 2020

Alexandra Schmidt
Deputy Registrar General

(153-G340)