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 (“PHIPA Regulation”), also came into force on November 1, 2004.

The Government is proposing a new regulation to amend Ontario Regulation 329/04 that sets out the parameters by which the Information and Privacy Commissioner (“IPC”) would impose administrative monetary penalties on contraveners of PHIPA.

After a posting period of 60 days, the Minister will report to the Lieutenant Governor in Council, who may then finalize the regulation with or without changes.

Content of Proposed PHIPA Regulation

The proposed regulation sets the maximum administrative penalty amounts at $50,000 for individuals and $500,000 for organizations, enables the IPC to increase a penalty in proportion to economic benefit accrued from a contravention, designates mandatory criteria that the IPC would use to determine a penalty amount, and enables the consideration of any other criteria the IPC finds relevant.

Invitation to Provide Comments on Proposed Regulation

The public is invited to provide written comments on the proposed regulation over a 60-day period, from May 27 to July 25, 2023.

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

Christine Sham, Director
Information Management Strategy and Policy Branch
Digital and Analytics Strategy Division
Ministry of Health
222 Jarvis Street, 7^th Floor
Toronto ON M7A 0B6
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 Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A (ontario.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 or by email at generalapo@ontario.ca.

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

Determination of amount of administrative penalty

35. (1) For the purpose of clause 61.1 (2) (b) of the Act, the amount of an administrative penalty determined by the Commissioner for any number of contraventions of the Act or this Regulation set out in an order under clause 61 (1) (h.1) of the Act shall not exceed the following:

1. If the person required to pay the administrative penalty is a natural person, $50,000.
2. If the person required to pay the administrative penalty is not a natural person, $500,000.

(2) Despite subsection (1), the Commissioner may increase the amount of an administrative penalty that a person is required to pay by an amount equal to the economic benefit acquired by, or that accrued to, the person as a result of the contraventions.

(3) In determining the amount of an administrative penalty, the Commissioner shall consider the following criteria, and may consider any other criteria that the Commissioner considers relevant:

1. The extent to which the contraventions deviate from the requirements of the Act or this Regulation.
2. The extent to which the person could have taken steps to prevent the contraventions.
3. The extent of the harm or potential harm to others resulting from the contraventions.
4. The extent to which the person tried to mitigate any harm or potential harm or took any other remedial action.
5. The number of individuals, health information custodians and other persons affected by the contraventions.
6. Whether the person notified the Commissioner and any individuals whose personal health information was affected by the contraventions.
7. The extent to which the person derived or reasonably might have expected to derive, directly or indirectly, any economic benefit from the contraventions.
8. Whether the person has previously contravened the Act or this Regulation.

Commencement

2. [Commencement]

(156-G078E)

Public Guardian and Trustee

Certificate of the Public Guardian and Trustee

(pursuant to s. 13.1 of the Public Guardian and Trustee Act, R.S.O. 1990, c. P.51, as amended)

1. Effective June 1, 2023, interest shall be computed from the day on which the money was received by the Public Guardian and Trustee to the day before the date on which the money is available for payment to the person or trust entitled there to and be added to each account and compounded at the end of each month;
   1. subject to subparagraphs (b) and (c) and paragraph 2 of this Certificate, on funds managed under the Mental Health Act, Substitute Decisions Act, Trustee Act, Victims’ Right to Proceeds of Crime Act, Ontario Disability Support Program Act, Powers of Attorney Act, Canada Pension Plan Act or other trust accepted by the Public Guardian and Trustee;
      1. in the case of money held in Canadian currency at the rate of 3.00% per annum payable monthly and calculated on the closing daily balance; and
      2. in the case of money required to be held in United States currency, at the rate of 5.00%.
   2. on funds managed under the Crown Administration of Estates Act, at the rate of 3.00% per annum payable monthly and calculated on the closing daily balance;
   3. on funds managed under the Cemeteries Act, at the rate of 3.00% per annum, payable monthly and calculated on the closing daily balance.
2. Effective June 1, 2023, funds managed by the Public Guardian and Trustee pursuant to the Escheats Act and funds transferred to the Unadministered Estates Account of the Public Guardian and Trustee shall bear interest at the rate of 0%.
3. 1. Effective June 1, 2023, interest shall be computed from the day on which money was received by the Accountant of the Superior Court of Justice to the day before the date on which the money is available for payment to the person entitled there to and be added to each account and compounded at the end of each month.
   2. Money paid or transferred to the Accountant of the Superior Court of Justice bears interest on the closing daily balance,
      1. in the case of money required to be held in United States currency, at the rate of 5.00%
      2. in the case of Canadian currency deposited for the benefit of minors and parties under disability, at the rate of 3.00% per annum, payable monthly; and
      3. in the case of all other money, in Canadian currency, including litigants, at the rate of 3.00% per annum, payable monthly.

Dated: May 17, 2023

Kenneth R. Goodman
Public Guardian & Trustee

Chris Kautzky
Chris Kautzky for Investment Advisory Committee

Approved by the Investment Advisory Committee pursuant to section 13.1 of the Public Guardian and Trustee Act, on May 11, 2023.

(156-G079)

Marriage Act

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

May 08, 2023 to May 14, 2023

Re-Registrations

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

May 08, 2023 to May 14, 2023

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

May 08, 2023 to May 14, 2023

Alexandra Schmidt
Deputy Registrar General

(156-G080)