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 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 stipulate that:

Effective July 1, 2023,

• If patients make an access request for their personal health information (PHI) in electronic format, Health Information Custodians (HICs) must provide patients with PHI in an electronic format specified by Ontario Health (OH) and posted on OH’s website.
• OH will obtain Minister approval prior to specifying the prescribed formats; and
• The Minister may direct OH to specify or amend the electronic format as required.
• Alternatively, HICs can provide access to PHI in an electronic format agreed to by the HIC and the individual.

The proposed regulation seeks to improve upon the existing regulation to promote prescribed electronic formats that are up-to-date based on provincial and international standards for interoperability and information sharing, and allow for patients to better use their data to manage their health status and health care journey.

The public is invited to provide written comments on the proposed regulation over a 60-day period, commencing on September 24, 2022 and ending on November 22, 2022.

In providing comments, please consider whether the proposed regulation should be made, with or without changes. Furthermore, please consider whether any other regulations 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 should be addressed to:

Digital Health Program Branch
Ministry of Health
Digital Health Division
1075 Bay Street, 12^th Floor
Toronto ON M5S 2B1
Email: digitalhealthdivision@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 through 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 website at 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 Sylvia Jones

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.  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,

1. an electronic format specified by the Agency and posted on the Agency’s website; or
2. any other electronic format that is agreed to by the health information custodian and the individual.

(2)  For greater certainty, subsection (1) may be used to authorize the provision of a record of personal health information through a secure online application, such as a portal.

(3)  The Agency shall obtain the approval of the Minister before specifying the electronic format under clause (1) (a).

(4)  The Minister may direct the Agency to specify or amend the electronic format referred to in clause (1) (a).

(5)  If the Minister issues a direction to the Agency under subsection (4), the Agency shall comply with that direction.

Commencement

2.  [Commencement]

(155-G223E)

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 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 Ministry is proposing to change the proclamation date for s. 51(5) of PHIPA from September 30, 2022 to March 31, 2023 and if approved, the Ministry would also propose to change the dates by which certain records in the Electronic Health Record would become available for individual access by digital means through Ontario Health. More specifically, subject to certain exceptions, Ontario Health would be required to act as if it were a health information custodian with respect to:

• Records derived from the Ontario Laboratories Information System or a successor repository on and after March 31, 2023;
• Records derived from the Digital Health Drug Repository or a successor repository on and after March 31, 2023;
• Records derived from the Diagnostic Imaging-Common Service or a successor repository on and after March 31, 2024; and
• Records derived from the Acute and Community Clinical Data Repository or a successor repository on and after March 31, 2024.

The proposed regulation, if approved, would help to ensure that Ontario Health has additional time to implement the necessary policy framework and technology infrastructure to meet its statutory requirements once s. 51(5) of PHIPA comes into force.

The public is invited to provide written comments on the proposed regulation over a 60-day period, commencing on September 24, 2022 and ending on November 22, 2022.

In providing comments, please consider whether the proposed regulation should be made, with or without changes. Furthermore, please consider whether any other regulations 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 should be addressed to:

Digital Health Program Branch
Ministry of Health
Digital Health Division
1075 Bay Street, 12^th Floor
Toronto ON M5S 2B1
Email: digitalhealthdivision@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 through 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 website at 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 Sylvia Jones

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.  Subclauses 18.1.1 (3) (b) (i), (ii), (iii) and (iv) of Ontario Regulation 329/04 are revoked and the following substituted:

1. on and after March 31, 2023, with respect to records that are derived from the Ontario Laboratories Information System or a successor repository,
2. on and after March 31, 2023, with respect to records that are derived from the Digital Health Drug Repository or a successor repository,
3. on and after March 31, 2024, with respect to records that are derived from the Diagnostic Imaging-Common Service or a successor repository, and is not required to act as if it were a health information custodian with respect to information contributed to that repository before that date, and
4. on and after March 31, 2024, with respect to records that are derived from the Acute and Community Clinical Data Repository or a successor repository, and is not required to act as if it were a health information custodian with respect to information contributed to that Repository before that date.

Commencement

2.  [Commencement]

(155-G224E)

Marriage Act

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

September 05, 2022 to September 11, 2022

Re-Registrations

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

September 05, 2022 to September 11, 2022

Alexandra Schmidt
Deputy Registrar General

(155-G225)