O. Reg. 54/05: Smart Systems For Health Agency

 

ontario regulation 54/05

made under the

Development Corporations act

Made: February 16, 2005
Filed: February 23, 2005
Printed in The Ontario Gazette: March 12, 2005

Amending O. Reg. 43/02

(Smart Systems for Health Agency)

1. The definition of “personal health information” in section 1 of Ontario Regulation 43/02 is revoked and the following substituted:

“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004;

2. Paragraph 4 of section 3 of the Regulation is revoked.

3. Section 5 of the Regulation is revoked and the following substituted:

Power re information management, etc.

5. (1) The Agency, with the written approval of the Minister, may provide information management services or technology services or both for the purpose of facilitating the operation of the health care system in Ontario.

(2) The Agency shall not provide information management services or information technology services except in accordance with subsection (1).

(3) The Minister shall not grant an approval under subsection (1) except in compliance with requirements in policies or directives issued by Management Board of Cabinet.

(4) The Minister may impose terms and conditions on approvals granted under subsection (1) and may from time to time amend or remove the terms and conditions or impose new terms and conditions.

(5) While providing the services authorized by this section, the Agency may access personal information, including personal health information, if necessary in the course of providing services, including in the course of performing maintenance or repairs, but the Agency shall not access personal information for any other purpose when providing those services.

4. Subsection 10 (2) of the Regulation is revoked and the following substituted:

(2) Each annual report must include,

(a) a general description of every instance of an unauthorized person’s access to, or use or disclosure of, personal information or personal health information within the Agency’s information infrastructure; and

(b) information about every instance of the Agency’s unauthorized access to, or unauthorized use, disclosure or disposal of, personal information or personal health information within the Agency’s information infrastructure.

5. The Regulation is amended by adding the following sections:

Memorandum of understanding

10.1 (1) Every five years, the Agency and the Minister shall enter into a memorandum of understanding containing only such terms as may be directed by the Minister.

(2) The memorandum of understanding must address any matter that may be required by order of the Lieutenant Governor in Council or by a direction of Management Board of Cabinet.

(3) The Agency shall comply with the memorandum of understanding.  

Business plan

10.2 (1) The Agency shall submit its annual business plan for the next fiscal year to the Minister for approval by October 1 in each year or by such other date as may be specified by the Minister.

(2) The business plan shall be based on a four-year cycle and shall contain,

(a) the Agency’s proposed operating budget for the next fiscal year;

(b) the Agency’s projected operating budgets for the three fiscal years after the next fiscal year; and

(c) any information that the Minister may require.

(3) The Agency shall not expend funds except in accordance with a business plan approved by the Minister.

(4) The Agency may make changes to business plan with the approval of the Minister.

(5) Within 30 days from the end of each quarter of a fiscal year, the Agency shall submit a quarterly statement to the Minister.

(6) The quarterly statement shall include,

(a) a financial statement for the quarter;

(b) information describing the Agency’s operations during the quarter; and

(c) any other information that the Minister may require.

6. Subsection 14 (3) of the Regulation is amended by striking out “under an agreement described in section 5”.

7. Sections 16 and 17 of the Regulation are revoked and the following substituted:

Verification of users

16. (1) The Agency may collect personal information and use or disclose it in order,

(a) to register persons to use the Agency’s information infrastructure;

(b) to verify the identity of persons registering or registered to use the Agency’s information infrastructure; and

(c) to maintain and administer the registration of such persons.

(2) The Agency shall not use or disclose the personal information referred to in subsection (1) for any other purpose.