99 How
to ask for a review
100 Notifying
others of review
101 Conduct
and outcome of review
Part 8
General Provisions
102 Oaths
103 Manner
of giving notice
104 Exercise
of rights by other persons
105 Immunity
from suit
106 Protection
of employee
107 Offences
and penalties
108 Regulations
109 Review
of Act
Part 9
Consequential Amendments,
Paramountcy and Coming into Force
110‑124 Consequential
amendments
125 Coming
into force
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Part 1
Introductory Matters
Interpretation
1(1) In this Act,
(a) “affiliate”,
in relation to a custodian, includes
(i) an individual employed by the custodian,
(ii) a person who performs a service for the custodian as an
appointee, volunteer or student or under a contract or agency relationship with
the custodian, and
(iii) a health services provider who has the right to admit and treat
patients at a hospital as defined in the Hospitals
Act,
but does not include
(iv) an operator as defined in the Ambulance
Services Act, or
(v) an agent as defined in the Health
Insurance Premiums Act;
(b) “applicant”
means an individual who makes a request for access to a record under section
8(1) or for a correction or amendment of health information under section
13(1);
(c) “audit”
means a financial, clinical or other formal or systematic examination or review
of a program, portion of a program or activity;
(d) “collect”
means to gather, acquire, receive or obtain health information;
(e) “Commissioner”
means the Information and Privacy Commissioner appointed under Part 4 of the Freedom of Information and Protection of Privacy
Act;
(f) “custodian”
means
(i) the board of an approved hospital as defined in the Hospitals Act other than an approved
hospital that is
(A) owned and operated by a regional health
authority established under the Regional
Health Authorities Act, or
(B) established and operated by the Alberta
Cancer Board continued under the Cancer
Programs Act;
(ii) the operator of a nursing home as defined in the Nursing Homes Act other than a nursing
home that is owned and operated by a regional health authority established
under the Regional Health Authorities Act;
(iii) a provincial health board established pursuant to regulations
made under section 17(1)(a) of the Regional
Health Authorities Act;
(iv) a regional health authority established under the Regional Health Authorities Act;
(v) a community health council as defined in the Regional Health Authorities Act;
(vi) a subsidiary health corporation as defined in the Regional Health Authorities Act;
(vii) the Alberta Cancer Board continued under the Cancer Programs Act;
(viii) a board, council, committee, commission, panel or agency that is
created by a custodian referred to in subclauses (i) to (vii), if all or a
majority of its members are appointed by, or on behalf of, that custodian, but
does not include a committee that has as its primary purpose the carrying out
of quality assurance activities within the meaning of section 9 of the Alberta Evidence Act;
(ix) a health services provider who is paid under the Alberta Health
Care Insurance Plan to provide health services;
(x) a licensed pharmacy as defined in the Pharmacy and Drug Act;
(xi) a pharmacist as defined in the Pharmacy and Drug Act;
(xii) the Department;
(xiii) the Minister;
(xiv) an individual or board, council, committee, commission, panel,
agency or corporation designated in the regulations as a custodian;
but does not include
(xv) the Alberta Alcohol and Drug Abuse Commission continued under the
Alcohol and Drug Abuse Act, or
(xvi) a Community Board as that term is defined in the Persons with Developmental Disabilities
Community Governance Act;
(g) “data
matching” means the creation of individually identifying health information by
combining individually identifying or non‑identifying health information
or other information from 2 or more electronic databases, without the consent
of the individuals who are the subjects of the information;
(h) “Department”
means the Department administered by the Minister;
(i) “diagnostic,
treatment and care information” means information about any of the following:
(i) the physical and mental health of an individual;
(ii) a health service provided to an individual;
(iii) the donation by an individual of a body part or bodily substance,
including information derived from the testing or examination of a body part or
bodily substance;
(iv) a drug as defined in the Pharmacy
and Drug Act provided to an individual;
(v) a health care aid, device, product, equipment or other item
provided to an individual pursuant to a prescription or other authorization;
(vi) the amount of any benefit paid or payable under the Alberta Health Care Insurance Act or any
other amount paid or payable in respect of a health service provided to an
individual,
and includes any other
information about an individual that is collected when a health service is
provided to the individual, but does not include information that is not
written, photographed, recorded or stored in some manner in a record;
(j) repealed
2006 c18 s2;
(k) “health
information” means any or all of the following:
(i) diagnostic, treatment and care information;
(ii) health services provider information;
(iii) registration information;
(l) “health
professional body” means a body that regulates the members of a health
profession or health discipline pursuant to an Act;
(m) “health
service” means a service that is provided to an individual
(i) for any of the following purposes and is directly or indirectly
and fully or partially paid for by the Department:
(A) protecting, promoting or maintaining physical
and mental health;
(B) preventing illness;
(C) diagnosing and treating illness;
(D) rehabilitation;
(E) caring for the health needs of the ill,
disabled, injured or dying,
or
(ii) by a pharmacist engaging in the practice of pharmacy as defined
in the Pharmacy and Drug Act
regardless of how the service is paid for,
but does not include a
service that is provided to an individual
(iii) by an ambulance attendant as defined in the Ambulance Services Act,
(iv) by the Alberta Alcohol and Drug Abuse Commission continued under
the Alcohol and Drug Abuse Act, or
(v) by a Community Board as that term is defined in the Persons with Developmental Disabilities
Community Governance Act;
(n) “health
services provider” means an individual who provides health services;
(o) “health
services provider information” means the following information relating to a
health services provider:
(i) name;
(i.1) business title;
(ii) business and home mailing addresses and electronic addresses;
(iii) business and home telephone numbers and facsimile numbers;
(iv) gender;
(v) date of birth;
(vi) unique identification number that
(A) is assigned to the health services provider
by a custodian for the purpose of the operations of the custodian, and
(B) uniquely identifies the health services
provider in relation to that custodian;
(vii) type of health services provider and licence number, if a licence
has been issued to the health services provider;
(viii) date on which the health services provider became authorized to
provide health services and the date, if any, on which the health services
provider ceased to be authorized to provide health services;
(ix) education completed, including entry level competencies attained
in a basic education program and post‑secondary educational degrees,
diplomas or certificates completed;
(x) continued competencies, skills and accreditations, including any
specialty or advanced training acquired after completion of the education
referred to in subclause (ix), and the dates they were acquired;
(xi) restrictions that apply to the health services provider’s right
to provide health services in Alberta;
(xii) decisions of a health professional body, or any other body at an
appeal of a decision of a health professional body, pursuant to which the
health services provider’s right to provide health services in Alberta is
suspended or cancelled or made subject to conditions, or a reprimand or fine is
issued;
(xiii) business arrangements relating to the payment of the health
services provider’s accounts;
(xiv) profession;
(xv) job classification;
(xvi) employment status;
(xvii) number of years the health services provider has practised the
profession;
(xviii) employer;
(xix) municipality in which the health services provider’s practice is
located,
(xx) provincial service provider identification number that is
assigned to the health services provider by the Minister to identify the health
services provider,
but does not include
information that is not written, photographed, recorded or stored in some
manner in a record;
(p) “individually
identifying”, when used to describe health information, means that the identity
of the individual who is the subject of the information can be readily
ascertained from the information;
(q) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(r) “non‑identifying”,
when used to describe health information, means that the identity of the
individual who is the subject of the information cannot be readily ascertained
from the information;
(s) “personal
health number” means the number assigned to an individual by the Department to
uniquely identify the individual;
(t) “record”
means a record of health information in any form and includes notes, images,
audiovisual recordings, x‑rays, books, documents, maps, drawings,
photographs, letters, vouchers and papers and any other information that is
written, photographed, recorded or stored in any manner, but does not include
software or any mechanism that produces records;
(u) “registration
information” means information relating to an individual that falls within the
following general categories and is more specifically described in the
regulations:
(i) demographic information, including the individual’s personal
health number;
(ii) location information;
(iii) telecommunications information;
(iv) residency information;
(v) health service eligibility information;
(vi) billing information,
but does not include
information that is not written, photographed, recorded or stored in some
manner in a record;
(v) “research”
means academic, applied or scientific health‑related research that
necessitates the use of individually identifying diagnostic, treatment and care information or
individually identifying registration information, or both;
(v.1) “research
ethics board” means a body designated by the regulations as a research ethics
board;
(w) “use”
means to apply health information for a purpose and includes reproducing the
information, but does not include disclosing the information.
(2) Where
a custodian provides services that are not health services, this Act does not
apply
(a) to
the custodian in respect of those other services, or
(b) to information relating to those other
services.
RSA 2000 cH‑5
s1;RSA 2000 cP‑13 s47.1;
2006 c18 s2;2006 c25 s24;2007 c18 s2
Purposes of Act
2 The purposes of this Act are
(a) to
establish strong and effective mechanisms to protect the privacy of individuals
with respect to their health information and to protect the confidentiality of
that information,
(b) to
enable health information to be shared and accessed, where appropriate, to
provide health services and to manage the health system,
(c) to
prescribe rules for the collection, use and disclosure of health information,
which are to be carried out in the most limited manner and with the highest
degree of anonymity that is possible in the circumstances,
(d) to
provide individuals with a right of access to health information about
themselves, subject to limited and specific exceptions as set out in this Act,
(e) to
provide individuals with a right to request correction or amendment of health
information about themselves,
(f) to
establish strong and effective remedies for contraventions of this Act, and
(g) to provide for independent reviews of
decisions made by custodians under this Act and the resolution of complaints
under this Act.
1999 cH‑4.8 s2
Scope of Act
3 This Act
(a) does
not limit the information otherwise available by law to a party to legal
proceedings,
(b) does
not affect the power of any court or tribunal in Canada to compel a witness to
testify or to compel the production of documents, and
(c) does not prohibit the transfer, storage or
destruction of a record in accordance with an enactment of Alberta or Canada.
RSA 2000 cH‑5
s3;2006 c18 s3
Inconsistency or
conflict with another enactment
4 If a provision of this Act is
inconsistent or in conflict with a provision of another Act or of a regulation,
the provision of this Act prevails unless
(a) another
Act, or
(b) a
regulation under this Act
expressly provides that the other Act or regulation, or a
provision of it, prevails despite this Act.
1999 cH‑4.8 s4
Application of Parts of
Act
5(1) This Act, except Part 3, applies in respect of
health information collected before or after the coming into force of this Act.
(2) Part 3 of this Act applies only in respect of
health information collected after the coming into force of this Act.
1999 cH‑4.8 s5
Act binds custodian
acting under another enactment
6 A custodian that collects, uses or
discloses health information pursuant to another enactment must comply with
this Act.
1999 cH‑4.8 s6
Part 2
Individual’s Right to Access
Individual’s Health Information
Right of individual to
access individual’s health information
7(1) An individual has a right of access to any
record containing health information about the individual that is in the
custody or under the control of a custodian.
(2) The
right of access to a record does not extend to information in respect of which
a custodian is authorized or required to refuse access under section 11, but if
that information can reasonably be severed from a record, an individual has a
right of access to the remainder of the record.
(3) The right of access to a record is subject to
the payment of any fee required by the regulations.
1999 cH‑4.8 s7
How to make a request
8(1) To obtain access to a record, an individual
must make a request to the custodian that the individual believes has custody
or control of the record.
(2) A
custodian that has received a request for access to a record under subsection
(1) may require the applicant to submit the request in writing.
(3) In
a request, the applicant may ask
(a) for
a copy of the record, or
(b) to examine the record.
1999 cH‑4.8 s8
Abandoned request
9(1) Where a custodian contacts an applicant in
writing respecting the applicant’s request, including
(a) seeking
further information from the applicant that is necessary to process the
request, or
(b) requesting
the applicant to pay a fee or to agree to pay a fee,
and the applicant
fails to respond to the custodian, as requested by the custodian, within 30
days after being contacted, the custodian may, by notice in writing to the applicant,
declare the request abandoned.
(2) A notice declaring a request abandoned must
state that the applicant may ask for a review of that decision by the
Commissioner.
1999 cH‑4.8 s9
Duty to assist
applicants
10 A custodian that has received a request
for access to a record under section 8(1)
(a) must
make every reasonable effort to assist the applicant and to respond to each
applicant openly, accurately and completely,
(b) must
create a record for an applicant if
(i) the record can be created from information that is in electronic
form and is in the custody or under the control of the custodian, using its
normal computer hardware and software and technical expertise, and
(ii) creating the record would not unreasonably interfere with the
operations of the custodian,
and
(c) must provide, at the request of an applicant
and if reasonably practicable, an explanation of any term, code or abbreviation
used in the record.
1999 cH‑4.8 s10
Right to refuse access
to health information
11(1) A custodian may refuse to disclose health
information to an applicant
(a) if
the disclosure could reasonably be expected
(i) to result in immediate and grave harm to the applicant’s mental
or physical health or safety,
(ii) to threaten the mental or physical health or safety of another
individual, or
(iii) to pose a threat to public safety,
(b) if
the disclosure could reasonably lead to the identification of a person who
provided health information to the custodian explicitly or implicitly in
confidence and in circumstances in which it was appropriate that the name of
the person who provided the information be kept confidential,
(c) if
the disclosure could reasonably be expected to reveal
(i) advice, proposals, recommendations, analyses or policy options
developed by or for a member of the Executive Council, or
(ii) consultations or deliberations involving a member of the
Executive Council or the member’s staff,
(d) if
the disclosure could reasonably be expected to reveal advice, proposals,
recommendations, analyses or policy options developed by or for a custodian
referred to in section 1(1)(f)(iii), (iv) or (vii), or
(e) if
the information relates to
(i) procedures or techniques relating to audits to be conducted or
diagnostic tests or assessments to be given,
(ii) details of specific audits to be conducted or of specific tests
or assessments to be given, or
(iii) standardized diagnostic tests or assessments used by a custodian,
including intelligence tests,
and disclosure of the
information could reasonably be expected to prejudice the use or results of
particular audits, diagnostic tests or assessments.
(2) A
custodian must refuse to disclose health information to an applicant
(a) if
the health information is about an individual other than the applicant, unless
the health information was originally provided by the applicant in the context
of a health service being provided to the applicant,
(b) if
the health information sets out procedures or contains results of an
investigation, a discipline proceeding, a practice review or an inspection
relating to a health services provider,
(c) if
the health information would reveal the substance of deliberations of the
Executive Council or any of its committees or of the Treasury Board or any of
its committees, including any advice, recommendation, policy considerations or
draft legislation or regulations submitted or prepared for submission to the
Executive Council or any of its committees or to the Treasury Board or any of
its committees, unless the health information
(i) has been in existence for 15 years or more,
(ii) is part of a record of a decision made by the Executive Council
or any of its committees on an appeal under an Act, or
(iii) is part of a record the purpose of which is to present background
facts to the Executive Council or any of its committees or to the Treasury
Board or any of its committees for consideration in making a decision where
(A) the decision has been made public,
(B) the decision has been implemented, or
(C) 5 years or more have passed since the
decision was made or considered,
or
(d) if the disclosure is prohibited by another
enactment of Alberta.
1999 cH‑4.8 s11
Time limit for
responding to a request for access
12(1) A custodian must make every reasonable effort
to respond to a request under section 8(1) within 30 days after receiving the
request or within any extended period under section 15.
(2) In
a response under subsection (1), the custodian must tell the applicant
(a) whether
access to a record or part of it is granted or refused,
(b) if
access to the record or part of it is granted, where, when and how access will
be given, and
(c) if
access to the record or part of it is refused,
(i) the reasons for the refusal and the provision of this Act on
which the refusal is based,
(ii) the name, title, business address and business telephone number
of an affiliate of the custodian who can answer the applicant’s questions about
the refusal, and
(iii) that the applicant may ask for a review of that decision by the
Commissioner.
(3) The failure of the custodian to respond to a
request under section 8(1) within the 30‑day period or any extended
period referred to in subsection (1) is to be treated as a decision to refuse
access to the record.
1999 cH‑4.8 s12
Correction or amendment
of health information
13(1) An individual who believes there is an error or
omission in the individual’s health information may in writing request the
custodian that has the information in its custody or under its control to
correct or amend the information.
(2) Within
30 days after receiving a request under subsection (1) or within any extended
period under section 15, the custodian must decide whether it will make or
refuse to make the correction or amendment.
(3) If
the custodian agrees to make the correction or amendment, the custodian must
within the 30‑day period or any extended period referred to in subsection
(2)
(a) make
the correction or amendment,
(b) give
written notice to the applicant that the correction or amendment has been made,
and
(c) notify
any person to whom that information has been disclosed during the one‑year
period before the correction or amendment was requested that the correction or
amendment has been made.
(4) The
custodian is not required to provide the notification referred to in subsection
(3)(c) where
(a) the
custodian agrees to make the correction or amendment but believes that the
applicant will not be harmed if the notification under subsection (3)(c) is not
provided, and
(b) the
applicant agrees.
(5) If
the custodian refuses to make the correction or amendment, the custodian must
within the 30‑day period or any extended period referred to in subsection
(2) give written notice to the applicant that the custodian refuses to make the
correction or amendment and of the reasons for the refusal.
(6) A
custodian may refuse to make a correction or amendment that has been requested
in respect of
(a) a
professional opinion or observation made by a health services provider about
the applicant, or
(b) a
record that was not originally created by that custodian.
(7) The failure of the custodian to respond to a
request in accordance with this section within the 30‑day period or any
extended period referred to in subsection (2) is to be treated as a decision to
refuse to make the correction or amendment.
1999 cH‑4.8 s13
Refusal to correct or
amend information
14(1) Where a custodian refuses to make a correction
or amendment under section 13, the custodian must tell the applicant that the
applicant may elect to do either of the following, but may not elect both:
(a) ask
for a review of the custodian’s decision by the Commissioner;
(b) submit
a statement of disagreement setting out in 500 words or less the requested
correction or amendment and the applicant’s reasons for disagreeing with the
decision of the custodian.
(2) An
applicant who elects to submit a statement of disagreement must submit the
statement to the custodian within 30 days after the written notice of refusal
has been given to the applicant under section 13(5) or within any extended
period under section 15(3).
(3) On
receiving the statement of disagreement, the custodian must
(a) if
reasonably practicable, attach the statement to the record that is the subject
of the requested correction or amendment, and
(b) provide a copy of the statement of
disagreement to any person to whom the custodian has disclosed the record in
the year preceding the applicant’s request for the correction or amendment.
1999 cH‑4.8 s14
Extending time
15(1) The custodian may extend the time for
responding to a request under section 8(1) or 13(1) for an additional period of
up to 30 days or, with the Commissioner’s permission, for a longer period if
(a) the
request does not give enough detail to enable the custodian to identify the
record that is requested or to be corrected or amended,
(b) a
large number of records are involved in the request and responding within the
period set out in section 12(1) or 13(2), as the case may be, would
unreasonably interfere with the operations of the custodian, or
(c) more
time is needed to consult with another custodian before deciding whether to
grant access to a record or to make the correction or amendment requested.
(2) If
the time is extended under subsection (1), the custodian must tell the
applicant
(a) the
reason for the extension,
(b) when
a response can be expected, and
(c) that
the applicant may make a complaint to the Commissioner about the extension.
(3) The
Commissioner may extend the time within which an applicant must submit the
statement of disagreement under section 14(2) if in the opinion of the
Commissioner
(a) it
is unreasonable to expect the applicant to submit the statement within the
period set out in section 14(2), or
(b) it is fair to extend the time for any other
reason.
1999 cH‑4.8 s15
Request under s8 or s13
deemed to be a request under FOIP
16(1) If a written request is made under section 8(1)
for access to a record that contains information to which the Freedom of Information and Protection of
Privacy Act applies, the part of the request that relates to that
information is deemed to be a request under section 7(1) of the Freedom of Information and Protection of
Privacy Act and that Act applies to that part of the request as if it had
been made under section 7(1) of that Act.
(2) If
a written request is made under section 13(1) to correct or amend information
to which the Freedom of Information and
Protection of Privacy Act applies, the request is deemed to be a request
under section 36(1) of the Freedom of
Information and Protection of Privacy Act and that Act applies to the
request as if it had been made under section 36(1) of that Act.
(3) This section does not apply if the custodian
that receives the request is not a public body as defined in the Freedom of Information and Protection of
Privacy Act.
1999 cH‑4.8 s16
Existing procedures
still available
17 An individual is not limited to the
procedure set out in this Part to request access to health information about
the individual if another procedure is available.
1999 cH‑4.8 s17
Part 3
Collection of Health Information
Prohibition re
collection of health information
18 No custodian shall collect health
information except in accordance with this Act.
1999 cH‑4.8 s18
Collection of
non-identifying health information
19 A custodian may collect non‑identifying
health information for any purpose.
1999 cH‑4.8 s19
Collection of
individually identifying health information
20 A custodian may collect individually
identifying health information
(a) if
the collection of that information is expressly authorized by an enactment of
Alberta or Canada, or
(b) if that information relates directly to and
is necessary to enable the custodian to carry out a purpose that is authorized
under section 27.
1999 cH‑4.8 s20
Collection of personal
health number
21(1) Only the following have the right to require an
individual to provide the individual’s personal health number:
(a) custodians;
(b) persons
authorized by the regulations to do so.
(2) When
requesting a personal health number from an individual, the person referred to
in subsection (1) must advise the individual of the person’s authority under
subsection (1).
(3) An individual may refuse to provide the
individual’s personal health number where the person requesting it is not a
person referred to in subsection (1).
1999 cH‑4.8 s21
Duty to collect health
information from subject individual
22(1) A custodian must collect individually
identifying health information directly from the individual who is the subject
of the information unless subsection (2) applies.
(2) A
custodian may collect individually identifying health information from a person
other than the individual who is the subject of the information in the
following circumstances:
(a) where
the individual who is the subject of the information authorizes collection of
the information from someone else;
(b) where
the individual who is the subject of the information is unable to provide the
information and the custodian collects the information from a person referred
to in section 104(1)(c) to (i) who is acting on behalf of that individual;
(c) where
the custodian believes, on reasonable grounds, that collection from the
individual who is the subject of the information would prejudice
(i) the interests of the individual,
(ii) the purposes of collection, or
(iii) the safety of any other individual,
or would result in the
collection of inaccurate information;
(d) where
collection from the individual who is the subject of the information is not
reasonably practicable;
(e) where
collection is for any of the following purposes:
(i) assembling a family or genetic history where the information
collected is to be used in the context of providing a health service to the
individual who is the subject of the information;
(ii) determining the eligibility of an individual to participate in a
program of or to receive a benefit, product or health service from a custodian
and the information is collected in the course of processing an application
made by or for the individual who is the subject of the information;
(iii) verifying the eligibility of an individual who is participating
in a program of or receiving a benefit, product or health service from a
custodian to participate in the program or to receive the benefit, product or
service;
(iv) informing the Public Trustee or the Public Guardian about clients
or potential clients;
(f) where
the information is available to the public;
(g) where
disclosure of the information is authorized under Part 5.
(3) When
collecting individually identifying health information about an individual
directly from the individual, the custodian must take reasonable steps to
inform the individual
(a) of
the purpose for which the information is collected,
(b) of
the specific legal authority for the collection, and
(c) of the title, business address and business
telephone number of an affiliate of the custodian who can answer the
individual’s questions about the collection.
1999 cH‑4.8 s22
Use of recording device
or camera
23 A custodian that collects health
information from an individual using a recording device or camera or any other
device that may not be obvious to the individual must, before collecting the
information, obtain the written consent of the individual to the use of the device
or camera.
1999 cH‑4.8 s23
Collection of health
information by affiliate
24 An affiliate of a custodian must not
collect health information in any manner that is not in accordance with the
affiliate’s duties to the custodian.
1999 cH‑4.8 s24
Part 4
Use of Health Information
Prohibition re use of
health information
25 No custodian shall use health information
except in accordance with this Act.
1999 cH‑4.8 s25
Use of non-identifying
health information
26 A custodian may use non‑identifying
health information for any purpose.
1999 cH‑4.8 s26
Use of individually
identifying health information
27(1) A custodian may use individually identifying
health information in its custody or under its control for the following
purposes:
(a) providing
health services;
(b) determining
or verifying the eligibility of an individual to receive a health service;
(c) conducting
investigations, discipline proceedings, practice reviews or inspections
relating to the members of a health profession or health discipline;
(d) conducting
research
(i) if the custodian has submitted a proposal to a research ethics
board in accordance with section 49,
(ii) if the research ethics board is satisfied as to the matters
referred to in section 50(1)(b),
(iii) if the custodian has complied with or undertaken to comply with
the conditions, if any, suggested by the research ethics board, and
(iv) where the research ethics board recommends that consents should
be obtained from the individuals who are the subjects of the health information
to be used in the research, if those consents have been obtained;
(e) providing
for health services provider education;
(f) carrying
out any purpose authorized by an enactment of Alberta or Canada;
(g) for
internal management purposes, including planning, resource allocation, policy
development, quality improvement, monitoring, audit, evaluation, reporting, obtaining or processing payment
for health services and human resource management.
(2) A
custodian referred to in section 1(1)(f)(iii), (iv), (vii), (xii) or (xiii)
may, in addition, use individually identifying health information in its
custody or under its control to carry out the following functions within the
geographic area in which the custodian has jurisdiction to promote the objectives
for which the custodian is responsible:
(a) planning
and resource allocation;
(b) health
system management;
(c) public
health surveillance;
(d) health policy development.
RSA 2000 cH‑5
s27;2006 c18 s4
Use of health
information by affiliate
28 An affiliate of a custodian must not use
health information in any manner that is not in accordance with the affiliate’s
duties to the custodian.
1999 cH‑4.8 s28
Confidentiality of
non-recorded information
29 A custodian that collects information
described in section 1(1)(i), (o) or (u) that is not written, photographed,
recorded or stored in some manner in a record may use the information only for
the purpose for which the information was provided to the custodian.
1999 cH‑4.8 s29
Use of personal health number
by non-custodian
30 A person who is authorized to require an
individual to provide a personal health number pursuant to section 21(1)(b) may
use that information only for the purpose for which the information was
collected.
1999 cH‑4.8 s30
Part 5
Disclosure of Health Information
Division 1
General Disclosure Rules
Prohibition re
disclosure of health information
31 No custodian shall disclose health
information except in accordance with this Act.
1999 cH‑4.8 s31
Disclosure of
non-identifying health information
32(1) A custodian may disclose non‑identifying
health information for any purpose.
(2) If a disclosure under subsection (1) is to a
person that is not a custodian, the custodian must inform the person that the
person must notify the Commissioner of an intention to use the information for
data matching before performing the data matching.
1999 cH‑4.8 s32
Disclosure of
information to individual who is subject
of information
33 A custodian may disclose individually
identifying health information to the individual who is the subject of the
information or to a person referred to in section 104(1)(c) to (i) who is
acting on behalf of that individual.
1999 cH‑4.8 s33
Disclosure of
individually identifying health information
to be with consent
34(1) Subject to sections 35 to 40, a custodian may
disclose individually identifying health information to a person other than the
individual who is the subject of the information if the individual has
consented to the disclosure.
(2) A
consent referred to in subsection (1) must be provided in writing or
electronically and must include
(a) an
authorization for the custodian to disclose the health information specified in
the consent,
(b) the
purpose for which the health information may be disclosed,
(c) the
identity of the person to whom the health information may be disclosed,
(d) an
acknowledgment that the individual providing the consent has been made aware of
the reasons why the health information is needed and the risks and benefits to
the individual of consenting or refusing to consent,
(e) the
date the consent is effective and the date, if any, on which the consent
expires, and
(f) a
statement that the consent may be revoked at any time by the individual
providing it.
(3) A
disclosure of health information pursuant to this section must be carried out
in accordance with the terms of the consent.
(4) A
revocation of a consent must be provided in writing or electronically.
(5) A
consent or revocation of a consent that is provided in writing must be signed
by the person providing it.
(6) A consent or revocation of a consent that is
provided electronically is valid only if it complies with the requirements set
out in the regulations.
1999 cH‑4.8 s34
Disclosure of
diagnostic, treatment and care information
35(1) A custodian may disclose individually
identifying diagnostic, treatment and care information without the consent of
the individual who is the subject of the information
(a) to
another custodian for any or all of the purposes listed in section 27(1) or
(2), as the case may be,
(a.1) to
the government of Canada or of another province or territory of Canada for that
government’s use for health system planning and management and health policy
development where
(i) the individual is a resident of that other province or territory,
or
(ii) that government is otherwise responsible for payment for health
services provided to the individual,
(b) to
a person who is responsible for providing continuing treatment and care to the
individual,
(c) to
family members of the individual or to another person with whom the individual
is believed to have a close personal relationship, if the information is given
in general terms and concerns the presence, location, condition, diagnosis,
progress and prognosis of the individual on the day on which the information is
disclosed and the disclosure is not contrary to the express request of the
individual,
(d) where
an individual is injured, ill or deceased, so that family members of the
individual or another person with whom the individual is believed to have a
close personal relationship or a friend of the individual can be contacted, if
the disclosure is not contrary to the express request of the individual,
(d.1) where
an individual is deceased, to family members of the individual or to another
person with whom the individual is believed to have had a close personal
relationship, if the information relates to circumstances surrounding the death
of the individual or to health services recently received by the individual and
the disclosure is not contrary to the express request of the individual,
(e) to
an official of a penal or other custodial institution in which the individual
is being lawfully detained if the purpose of the disclosure is to allow the
provision of health services to the individual,
(f) to
a person authorized to conduct an audit of the information if the person agrees
in writing
(i) to destroy the information at the earliest opportunity after the
audit is concluded, and
(ii) not to disclose the information to any other person, except as
required to accomplish the audit or to report unlawful or improper conduct by
the custodian or a health services provider,
(g) to
a committee that has as its primary purpose the carrying out of quality
assurance activities within the meaning of section 9 of the Alberta Evidence Act,
(h) for
the purpose of a court proceeding or a proceeding before a quasi‑judicial
body to which the custodian is a party,
(i) for
the purpose of complying with a subpoena, warrant or order issued or made by a
court, person or body having jurisdiction in Alberta to compel the production
of information or with a rule of court binding in Alberta that relates to the
production of information,
(j) repealed
2006 c18 s5;
(k) to
another custodian where the custodian disclosing the information has a
reasonable expectation that disclosure will detect or prevent fraud, limit
abuse in the use of health services or prevent the commission of an offence
under an enactment of Alberta or Canada,
(l) to
an officer of the Legislature if the information is necessary for the
performance of the officer’s duties,
(m) to
any person if the custodian believes, on reasonable grounds, that the
disclosure will avert or minimize an imminent danger to the health or safety of
any person,
(n) if
that individual lacks the mental capacity to provide a consent and, in the
opinion of the custodian, disclosure is in the best interests of the
individual,
(o) to
a descendant of a deceased individual, a person referred to in section
104(1)(c) to (i) who is acting on behalf of the descendant or a person who is
providing health services to the descendant if, in the custodian’s opinion,
(i) the disclosure is necessary to provide health services to the
descendant, and
(ii) the disclosure is restricted sufficiently to protect the privacy
of the deceased individual,
(p) if
the disclosure is authorized or required by an enactment of Alberta or Canada,
(q) to
its successor where
(i) the custodian is transferring its records to the successor as a
result of the custodian
(A) ceasing to be a custodian, or
(B) ceasing to provide health services within
the geographic area in which the successor provides health services,
and
(ii) the successor is a custodian,
(r) for
the purpose of obtaining or processing payment for health services provided to
the individual by a person that is required under a contract to pay for those
services for that individual, or
(s) to
the College of Physicians and Surgeons of Alberta for the purpose of
administering the Triplicate Prescription Program.
(2) A
committee to which health information is disclosed pursuant to subsection
(1)(g) must not disclose the information to any other person except in
accordance with subsection (3).
(3) A
committee referred to in subsection (2) may disclose non‑identifying
health information to another committee that has as its primary purpose the
carrying out of quality assurance activities within the meaning of section 9 of
the Alberta Evidence Act.
(4) A
custodian may disclose individually identifying diagnostic, treatment and care
information to a health professional body for the purpose of an investigation,
a discipline proceeding, a practice review or an inspection if
(a) the
custodian has complied with any other enactment authorizing or requiring the
custodian to disclose that information for that purpose, and
(b) the
health professional body agrees in writing
(i) not to disclose the information to any other person except as
authorized by or under the Act governing the health professional body, and
(ii) repealed 2006 c18 s5.
RSA 2000 cH‑5
s35;2003 c23 s2;2006 c18 s5
Disclosure of
registration information
36 A custodian may disclose individually
identifying registration information
without the consent of the individual who is the subject of the
information
(a) for
any of the purposes for which diagnostic, treatment and care information may be
disclosed under section 35(1) or (4),
(b) to
any person for the purpose of collecting or processing a fine or debt owing by
the individual to the Government of Alberta or to a custodian, or
(c) to a person who is not a custodian if the
disclosure is in accordance with the requirements set out in the regulations.
1999 cH‑4.8 s36
Disclosure of health
services provider information
37(1) A custodian may disclose individually
identifying health services provider information without the consent of the
individual who is the subject of the information
(a) to
a health professional body that requests the information for the purpose of an
investigation, a discipline proceeding, a practice review or an inspection
relating to the health services provider, or
(b) if
the disclosure is authorized or required by an enactment of Alberta or Canada.
(2) A
custodian may disclose the health services provider information described in
section 1(1)(o)(i) to (iii), (vii), (xiv), (xv), (xviii), (xix) and (xx), other
than home address, telephone number and licence number, to any person for any
purpose without the consent of the individual who is the subject of the
information, unless the disclosure
(a) would
reveal other information about the health services provider, or
(b) could
reasonably be expected to result in
(i) harm to the health services provider’s mental or physical health
or safety, or
(ii) undue financial harm to the health services provider.
(3) Subsection (2) does not apply where the
disclosure is to a police service or the Minister of Justice and Attorney
General under section 37.1, 37.2 or 37.3.
RSA 2000 cH‑5
s37;2006 c18 s6
Disclosure to prevent or
limit fraud or abuse
of health services
37.1(1) A
custodian may disclose individually identifying health information referred to
in subsection (2) without the consent of the individual who is the subject of
the information to a police service or the Minister of Justice and Attorney
General where the custodian reasonably believes
(a) that
the information relates to the possible commission of an offence under a
statute or regulation of Alberta or Canada, and
(b) that
the disclosure will detect or prevent fraud or limit abuse in the use of health
services.
(2) A
custodian may disclose the following information under subsection (1):
(a) the
name of an individual;
(b) the
date of birth of an individual;
(c) the
personal health number of an individual;
(d) the
nature of any injury or illness of an individual;
(e) the
date on which a health service was sought or received by an individual;
(f) the
location where an individual sought or received a health service;
(g) the
name of any drug, as defined in the Pharmacy and Drug Act, provided to
or prescribed for an individual and the date the drug was provided or
prescribed.
(3) If
a custodian discloses individually identifying health information about an
individual under subsection (1), the custodian may also disclose health
services provider information about a health services provider from whom that
individual sought or received health services if that information is related to
the information that was disclosed under subsection (1).
(4) Health services provider information may be
disclosed under subsection (3) without the consent of the health services
provider who is the subject of the information.
RSA 2000 cP‑13
s47.1;2006 c18 s7
Disclosure to prevent or
limit fraud or abuse of health
services by health services providers
37.2(1) A
custodian may disclose individually identifying health information referred to
in subsection (2) without the consent of the health services provider who is
the subject of the information to a police service or the Minister of Justice
and Attorney General where the custodian reasonably believes
(a) that
the information relates to the possible commission of an offence under a
statute or regulation of Alberta or Canada by the health services provider, and
(b) that
the disclosure will detect or prevent fraud or limit abuse in the provision of
health services.
(2) A
custodian may disclose the following information under subsection (1):
(a) the
name of the health services provider;
(b) the
business address of the health services provider;
(c) the
date on which the health services provider provided a health service;
(d) the
description of a health service provided by the health services provider;
(e) the
benefits that were paid or charged in relation to a health service provided by
the health services provider.
(3) If
a custodian discloses information under subsection (1) about a health service,
the custodian may also disclose individually identifying health information
about the individual who received that health service if that information is
related to that health service.
(4) Individually identifying health information may
be disclosed under subsection (3) without the consent of the individual who is
the subject of the information.
2006 c18 s7
Disclosure to protect
public health and safety
37.3(1) A
custodian may disclose individually identifying health information referred to
in subsection (2) without the consent of the individual who is the subject of
the information to a police service or the Minister of Justice and Attorney
General where the custodian reasonably believes
(a) that
the information relates to the possible commission of an offence under a
statute or regulation of Alberta or Canada, and
(b) that
the disclosure will protect the health and safety of Albertans.
(2) A
custodian may disclose the following information under subsection (1):
(a) the
name of an individual;
(b) the
date of birth of an individual;
(c) the
nature of any injury or illness of an individual;
(d) the
date on which a health service was sought or received by an individual;
(e) the
location where an individual sought or received a health service;
(f) whether
any samples of bodily substances were taken from an individual.
(3) If
a custodian discloses individually identifying health information about an
individual under subsection (1), the custodian may also disclose health
services provider information about a health services provider from whom that
individual sought or received health services if that information is related to
the information that was disclosed under subsection (1).
(4) Health services provider information may be
disclosed under subsection (3) without the consent of the health services
provider who is the subject of the information.
2006 c18 s7
Disclosure for purpose
of storage
38 A custodian may disclose individually
identifying health information without the consent of the individual who is the
subject of the information to the Provincial Archives of Alberta or to any
other archives that is subject to this Act or the Freedom of Information and Protection of Privacy Act, for the
purposes of permanent preservation and historical research if, in the opinion
of the custodian, the information has enduring value.
1999 cH‑4.8 s38
Disclosure by Minister
and Department
39(1) The Minister or the Department may disclose
individually identifying diagnostic, treatment and care information without the
consent of the individual who is the subject of the information to another
Minister of the Government of Alberta for the purpose of developing public
policy.
(2) The
Minister or the Department may enter into an agreement with
(a) another
Minister of the Government of Alberta or a Minister of the Government of Canada
or of any other province or territory, or
(b) a
person or entity in accordance with the regulations made pursuant to the Alberta Health Care Insurance Act,
respecting the disclosure to the person referred to in
clause (a) or (b), as the case may be, of individually identifying registration
information without the consent of the individual who is the subject of the
information.
1999 cH‑4.8 s39
Disclosure to Minister
40 A custodian other than the Minister may
disclose individually identifying health information to the Minister without
the consent of the individual who is the subject of the information if the
disclosure is necessary or desirable in the opinion of the custodian to enable
the Minister to carry out the duties of the Minister.
1999 cH‑4.8 s40
Maintaining certain
disclosure information
41(1) Subject to subsection (1.1), a custodian that
discloses a record containing individually identifying diagnostic, treatment
and care information under section 35(1) or (4) must make a note of the
following information:
(a) the
name of the person to whom the custodian discloses the information;
(b) the
date and purpose of the disclosure;
(c) a
description of the information disclosed.
(1.1) The
requirement to make a note under subsection (1) does not apply to a custodian
that discloses a record containing individually identifying diagnostic,
treatment and care information under section 35(1)(a) by permitting access to
the information stored in the computer database of the custodian if, when the
information is accessed, the database automatically keeps an electronic log of
the following information:
(a) the
user identification of the custodian that accesses the information;
(b) the
date and time that the information is accessed;
(c) a
description of the information that is accessed.
(2) The
information referred to in subsections (1) and (1.1) must be retained by the
custodian for a period of 10 years following the date of the disclosure.
(3) An individual who is the subject of information
referred to in subsection (1) or (1.1) may ask a custodian for access to and a
copy of the information, and Part 2 applies to the request.
RSA 2000 cH‑5
s41;2006 c18 s8
Notification of purpose
of and authority for disclosure
42(1) A custodian that discloses individually
identifying diagnostic, treatment and care information must inform the
recipient in writing of the purpose of the disclosure and the authority under
which the disclosure is made.
(2) Subsection
(1) does not apply where the disclosure is
(a) to
another custodian under section 35(1)(a),
(b) to
the Minister or the Department under section 46,
(c) to
another custodian under section 47,
(d) to
a police service or the Minister of Justice and Attorney General under section
37.1, 37.2 or 37.3, or
(e) to the individual who is the subject of the
information.
RSA 2000 cH‑5
s42;2006 c18 s9
Disclosure of health
information by affiliate
43 An affiliate of a custodian must not
disclose health information in any manner that is not in accordance with the
affiliate’s duties to the custodian.
1999 cH‑4.8 s43
Confidentiality of
non-recorded information
44 A custodian that collects information
described in section 1(1)(i), (o) or (u) that is not written, photographed,
recorded or stored in some manner in a record may disclose the information only
for the purpose for which the information was provided to the custodian.
1999 cH‑4.8 s44
Duty of custodian
45 A custodian that discloses health
information must make a reasonable effort to ensure that the person to whom the
disclosure is made is the person intended and authorized to receive the
information.
1999 cH‑4.8 s45
Division 2
Disclosure for Health System Purposes
Disclosure to Minister
or Department
46(1) The Minister or the Department may request
another custodian to disclose individually identifying health information for
any of the purposes listed in section 27(2)
(a) if
the Minister or the Department, as the case may be, is authorized by an
enactment of Alberta or Canada to obtain the information from the other
custodian, or
(b) if
the information requested relates to a health service provided by the other
custodian and
(i) the health service is fully or partially paid for by the
Department or is provided using financial, physical or human resources
provided, administered or paid for by the Department, or
(ii) the information is prescribed in the regulations as information
the Minister or the Department may request under this section.
(2) If
the requirements of subsection (1) are met, the custodian must disclose the
information to the Minister or the Department, as the case may be.
(3) On
receipt of information under this section, the Minister or the Department, as
the case may be, may disclose the information to a custodian referred to in
section 1(1)(f)(iii), (iv) or (vii) for any of the purposes listed in section
27(2).
(4) Individually
identifying health information may be disclosed under this section without the
consent of the individual who is the subject of the information.
(5) Where
health information is requested under subsection (1)(b), the Department
(a) must
prepare a privacy impact assessment describing how disclosure of the health
information may affect the privacy of the individual who is the subject of the
information, and submit the privacy impact assessment to the Commissioner for
review and comment, and
(b) must consider the comments of the
Commissioner, if any, made in response to the privacy impact assessment before
disclosing the health information under subsection (3).
RSA 2000 cH‑5
s46;2006 c18 s10
Disclosure to other
custodians
47(1) A custodian referred to in section
1(1)(f)(iii), (iv) or (vii) may request another custodian to disclose to the
requesting custodian individually identifying health information for any of the
purposes listed in section 27(2)
(a) if
the requesting custodian is authorized by an enactment of Alberta or Canada to
obtain the information from the other custodian, or
(b) if
the information requested relates to a health service provided by the other
custodian
(i) that is fully or partially paid for by the requesting custodian,
or
(ii) that is provided using financial, physical or human resources
provided or administered by the requesting custodian.
(2) Where
a request relates to information described in subsection (1)(b), the custodian
receiving the request may refuse to disclose the information if disclosure
could reasonably be expected
(a) to
result in immediate and grave harm to the mental or physical health or safety
of the individual who is the subject of the information,
(b) to
threaten the mental or physical health or safety of another individual, or
(c) to
pose a threat to public safety.
(3) If
a custodian refuses to disclose information in accordance with subsection (2),
(a)
the custodian must provide the requesting custodian with non‑identifying
health information in the form requested by that custodian, and
(b) the
requesting custodian may ask for a review of that refusal by the Commissioner.
(4) In
making a decision on a review under subsection (3)(b), the Commissioner must,
if the custodian is a member of a health professional body, inform the health
professional body of the review and provide an opportunity for that body to
make comments to the Commissioner relating to the review.
(5) On
receipt of information under this section, the requesting custodian may
disclose the information
(a) to
a custodian referred to in section 1(1)(f)(iii), (iv) or (vii),
(b) to
the Minister, and
(c) to
the Department
for any of the
purposes listed in section 27(2).
(6) Individually identifying health information may
be disclosed under this section without the consent of the individual who is
the subject of the information.
1999 cH‑4.8 s47
Division 3
Disclosure for Research Purposes
Definition
48 In this Division, “health information” means
individually identifying diagnostic, treatment and care information or
individually identifying registration information, or both.
1999 cH‑4.8 s48
Research proposal
49 A person who intends to conduct research
may submit a proposal to a research ethics board for review by that board.
RSA 2000 cH‑5
s49;2006 c18 s11
Role of research ethics
board
50(1) The research ethics board must
(a) consider
whether the researcher should be required to obtain consents for the disclosure
of the health information to be used in the research from the individuals who
are the subjects of the information, and
(b) assess
whether, in the opinion of the research ethics board,
(i) the proposed research is of sufficient importance that the public
interest in the proposed research outweighs to a substantial degree the public
interest in protecting the privacy of the individuals who are the subjects of
the health information to be used in the research,
(ii) the researcher is qualified to carry out the research,
(iii) adequate safeguards will be in place at the time the research
will be carried out to protect the privacy of the individuals who are the
subjects of the health information to be used in the research and the
confidentiality of that information, and
(iv) obtaining the consents referred to in clause (a) is unreasonable,
impractical or not feasible.
(2) In
making an assessment under subsection (1)(b), the research ethics board must
consider the degree to which the proposed research may contribute to
(a) identification,
prevention or treatment of illness or disease,
(b) scientific
understanding relating to health,
(c) promotion
and protection of the health of individuals and communities,
(d) improved
delivery of health services, or
(e) improvements
in health system management.
(3) The
research ethics board must prepare a response setting out
(a) its
recommendation under subsection (1)(a),
(b) its
assessment of the matters set out in subsection (1)(b), and
(c) any
conditions that the research ethics board considers should be imposed on the
researcher.
(4) The research ethics board must send a copy of
the response required in subsection (3) to the Commissioner.
RSA 2000 cH‑5
s50;2006 c18 s12
Publication of response
50.1 If the response of the research ethics board
sent to the Commissioner under section 50(4) indicates that the research ethics
board is satisfied as to the matters referred to in section 50(1)(b), the
Commissioner may publish the response in any manner the Commissioner considers
appropriate.
2006 c18 s13
Bar to research
51 If the research ethics board is not
satisfied as to any of the matters referred to in section 50(1)(b), the
researcher may not apply to a custodian under section 52.
RSA 2000 cH‑5
s51;2006 c18 s14
Application for
disclosure of health information
52 If the research ethics board is satisfied
as to the matters referred to in section 50(1)(b), the researcher may forward
to one or more custodians
(a) the
response of the research ethics board to the researcher’s proposal, and
(b) a written application for disclosure of the
health information to be used in the research.
RSA 2000 cH‑5
s52;2006 c18 s14
Conditions and consents
53(1) A custodian who has received the documents
referred to in section 52 may, but is not required to, disclose the health
information applied for.
(2) If
the custodian decides to disclose the health information,
(a) the
custodian
(i) must impose on the researcher any conditions suggested by the
research ethics board, and
(ii) may impose other conditions on the researcher,
and
(b) the researcher must obtain the consents
referred to in section 50(1)(a), if recommended by the research ethics board,
prior to the disclosure.
RSA 2000 cH‑5
s53;2006 c18 s14
Agreement between
custodian and researcher
54(1) If the custodian decides to disclose health
information to a researcher, the researcher must enter into an agreement with
the custodian in which the researcher agrees
(a) to
comply with
(i) this Act and the regulations made under this Act,
(ii) any conditions imposed by the custodian relating to the use,
protection, disclosure, return or disposal of the health information, and
(iii) any requirement imposed by the custodian to provide safeguards
against the identification, direct or indirect, of an individual who is the
subject of the health information,
(b) to
use the health information only for the purpose of conducting the proposed
research,
(c) not
to publish the health information in a form that could reasonably enable the
identity of an individual who is the subject of the information to be readily
ascertained,
(d) not
to make any attempt to contact an individual who is the subject of the health
information to obtain additional health information unless the individual has
provided the custodian with the consent referred to in section 55,
(e) to
allow the custodian to access or inspect the researcher’s premises to confirm
that the researcher is complying with the enactments, conditions and
requirements referred to in clause (a), and
(f) to
pay the costs referred to in subsection (3).
(2) When
an agreement referred to in subsection (1) has been entered into, the custodian
may disclose to the researcher the health information requested under section
52
(a) with
the consent of the individuals who are the subjects of the information, where
the research ethics board recommends that consents should be obtained, or
(b) without
the consent of the individuals who are the subjects of the information, where
the research ethics board does not recommend that consents be obtained.
(3) The
custodian may set the costs of
(a) preparing
information for disclosure,
(b) making
copies of health information, and
(c) obtaining
the consents referred to in section 55,
which must not exceed
the actual cost of providing that service.
(4) If the researcher contravenes or fails to meet
the terms and conditions of an agreement under this section, the agreement is
cancelled.
RSA 2000 cH‑5
s54;2006 c18 s14
Consent for additional
information
55 If the researcher wishes to contact the
individuals who are the subjects of the information disclosed under section
54(2) to obtain additional health information, the custodian or an affiliate of
the custodian must first obtain consents from those individuals to their being
contacted for that purpose.
1999 cH‑4.8 s55
Court order
56(1) If a researcher refuses to allow a custodian to
access or inspect its premises in accordance with the agreement referred to in
section 54, the custodian may apply to the Court of Queen’s Bench by notice of
motion for an order under subsection (2).
(2) If
the Court is satisfied that there are reasonable and probable grounds to
believe that access to premises or the production or removal of documents is
necessary for the purpose of determining whether an agreement referred to in
section 54 is being complied with, the Court may make any order it considers
necessary to enforce compliance with the agreement.
(3) Where
authorized to do so by an order under subsection (2), a custodian may
(a) enter
and search any premises of the researcher where the research is conducted,
(b) operate
or cause to be operated any computer system of the researcher to search any
data contained in or available to the system and produce a document from the
data, and
(c) seize
and make copies of any documents of the researcher that are or may be relevant
to the investigation.
(4) An
application for an order under this section may be made ex parte unless the
Court orders otherwise.
(5) The
custodian must return any documents seized pursuant to a court order within 60
days after the conclusion of the investigation that gave rise to the seizure,
including any hearing or appeal.
(6) In this section, “document” includes any
correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or
graphic work, photograph, film, microfilm, sound recording, videotape, machine
readable record or other material or thing, regardless of physical form or
characteristics.
1999 cH‑4.8 s56
Part 6
Duties and Powers of Custodians Relating to Health Information
Division 1
General Duties and Powers
Duty to collect, use or
disclose health information
with highest degree of anonymity possible
57(1) In this section, “aggregate health information”
means non‑identifying health information about groups of individuals.
(2) A
custodian that intends to collect, use or disclose health information must
first consider whether collection, use or disclosure of aggregate health
information is adequate for the intended
purpose, and if so, the custodian must collect, use or disclose only aggregate
health information.
(3) If
the custodian believes that collecting, using or disclosing aggregate health
information is not adequate for the custodian’s intended purpose, the custodian
must then consider whether collection, use or disclosure of other non‑identifying
health information is adequate for the intended purpose, and if so, the
custodian may collect, use or disclose other non‑identifying health
information.
(4) If
the custodian believes that collecting, using or disclosing aggregate and other
non‑identifying health information is not adequate for the custodian’s
intended purpose, the custodian may collect, use or disclose individually
identifying health information if the collection, use or disclosure
(a) is
authorized by this Act, and
(b) is
carried out in accordance with this Act.
(5) This
section does not apply where the collection, use or disclosure is for the
purpose of
(a) providing
health services, or
(b) determining or verifying the eligibility of
an individual to receive a health service.
1999 cH‑4.8 s57
Duty to collect, use or
disclose health information
in a limited manner
58(1) When collecting, using or disclosing health
information, a custodian must, in addition to complying with section 57,
collect, use or disclose only the amount of health information that is
essential to enable the custodian or the recipient of the information, as the
case may be, to carry out the intended purpose.
(2) In deciding how much health information to
disclose, a custodian must consider as an important factor any expressed wishes
of the individual who is the subject of the information relating to disclosure
of the information, together with any other factors the custodian considers
relevant.
1999 cH‑4.8 s58
59 Repealed 2003 c23 s3.
Duty
to protect health information
60(1) A custodian must take reasonable steps in
accordance with the regulations to maintain administrative, technical and
physical safeguards that will
(a) protect
the confidentiality of health information that is in its custody or under its
control and the privacy of the individuals who are the subjects of that
information,
(b) protect
the confidentiality of health information that is to be stored or used in a
jurisdiction outside Alberta or that is to be disclosed by the custodian to a
person in a jurisdiction outside Alberta and the privacy of the individuals who
are the subjects of that information,
(c) protect
against any reasonably anticipated
(i) threat or hazard to the security or integrity of the health
information or of loss of the health information, or
(ii) unauthorized use, disclosure or modification of the health
information or unauthorized access to the health information,
and
(d) otherwise
ensure compliance with this Act by the custodian and its affiliates.
(2) The safeguards to be maintained
under subsection (1) must include appropriate measures
(a) for
the security and confidentiality of records, which measures must address the
risks associated with electronic health records, and
(b) for
the proper disposal of records to prevent any reasonably anticipated
unauthorized use or disclosure of the health information or unauthorized access
to the health information following its disposal.
(3) In
subsection (2)(a), “electronic health records” means records of health
information in electronic form.
RSA 2000 cH‑5
s60;2003 c23 s4
Duty to ensure accuracy
of health information
61 Before using or disclosing health
information that is in its custody or under its control, a custodian must make
a reasonable effort to ensure that the information is accurate and complete.
1999 cH‑4.8 s61
Duty to identify
responsible affiliates
62(1) Each custodian must identify its affiliates who
are responsible for ensuring that this Act, the regulations and the policies
and procedures established or adopted under section 63 are complied with.
(2) Any
collection, use or disclosure of health information by an affiliate of a
custodian is considered to be collection, use or disclosure by the custodian.
(3) Any
disclosure of health information to an affiliate of a custodian is considered
to be disclosure to the custodian.
(4) Each
affiliate of a custodian must comply with
(a) this
Act and the regulations, and
(b) the policies and procedures established or
adopted under section 63.
1999 cH‑4.8 s62
Duty to establish or
adopt policies and procedures
63(1) Each custodian must establish or adopt policies
and procedures that will facilitate the implementation of this Act and the
regulations.
(2) A custodian must at the request of the Minister
or the Department provide the Minister or the Department, as the case may be,
with a copy of the policies and procedures established or adopted under this
section.
1999 cH‑4.8 s63
Duty to prepare privacy
impact assessment
64(1) Each custodian must prepare a privacy impact
assessment that describes how proposed administrative practices and information
systems relating to the collection, use and disclosure of individually
identifying health information may affect the privacy of the individual who is
the subject of the information.
(2) The custodian must submit the privacy impact
assessment to the Commissioner for review and comment before implementing any
proposed new practice or system described in subsection (1) or any proposed
change to existing practices and systems described in subsection (1).
1999 cH‑4.8 s64
Power to transform
health information
65 A custodian may, in accordance with the
regulations, strip, encode or otherwise transform individually identifying health
information to create non‑identifying health information.
1999 cH‑4.8 s65
Power to enter agreement
with information manager
66(1) In this section, “information manager” means a
person or body that
(a) processes,
stores, retrieves or disposes of health information,
(b) in
accordance with the regulations, strips, encodes or otherwise transforms
individually identifying health information to create non‑identifying
health information, and
(c) provides
information management or information technology services.
(2) A
custodian may enter into an agreement with an information manager in accordance with the regulations for the
provision of any or all of the services described in subsection (1).
(3) A
custodian that has entered into an agreement with an information manager may
disclose health information to the information manager without the consent of
the individuals who are the subjects of the information for the purposes
authorized by the agreement.
(4) An
information manager to which information is disclosed pursuant to subsection
(3) may use or disclose that information only for the purposes authorized by
the agreement.
(5) An
information manager must comply with
(a) this
Act and the regulations, and
(b) the
agreement entered into with a custodian
in respect of
information disclosed to it pursuant to subsection (3).
(6) Despite subsection (5)(a), a custodian
continues to be responsible for compliance with this Act and the regulations in
respect of the information disclosed by the custodian to the information
manager.
1999 cH‑4.8 s66
Power to charge fees
67(1) A custodian may charge the fees provided for in
the regulations for services provided under Part 2.
(2) Subsection
(1) does not permit a custodian to charge a fee in respect of a request for access
to an applicant’s own health information, except for the cost of producing the
copy.
(3) A
custodian must give an applicant an estimate of the total fee for its services
before providing the services.
(4) A
custodian may excuse an applicant from paying all or part of a fee if, in the
opinion of the custodian, the applicant cannot afford the fee or in any other
circumstances provided for in the regulations.
(5) If
an applicant has requested a custodian to excuse the applicant from paying all
or part of a fee and the custodian has refused the applicant’s request, the
custodian must notify the applicant that the applicant may ask for a review by
the Commissioner.
(6) The fees referred to in subsection (1) must not
exceed the actual cost of the services.
1999 cH‑4.8 s67
Division 2
Data Matching
Prohibition
68 A custodian must not
(a) collect
the health information to be used in data matching, or
(b) use
or disclose the health information to be used in data matching or created
through data matching
in contravention of this Act.
1999 cH‑4.8 s68
Data matching by
custodian
69 A custodian may perform data matching
using information that is in its custody or under its control.
1999 cH‑4.8 s69
Data matching by
custodians
70(1) A custodian may perform data matching by
combining information that is in its custody or under its control with
information that is in the custody or under the control of another custodian.
(2) Before
performing data matching under this section, the custodian in whose custody and
control the information that is created through data matching will be stored
must prepare a privacy impact assessment and submit the assessment to the
Commissioner for review and comment.
(3) A
privacy impact assessment referred to in subsection (2) must
(a) describe
how the information to be used in the data matching is to be collected, and
(b) set out how the information that is created
through data matching is to be used or disclosed.
1999 cH‑4.8 s70
Data matching by
custodian and non-custodian
71(1) A custodian may perform data matching by
combining information that is in its custody or under its control with
information that is in the custody or under the control of a person that is not
a custodian.
(2) Before
performing data matching under this section, the custodian must prepare a
privacy impact assessment and submit the assessment to the Commissioner for
review and comment.
(3) A privacy impact assessment referred to in
subsection (2) must meet the requirements of section 70(3).
1999 cH‑4.8 s71
Data matching for
research
72 If data matching is performed for the
purpose of conducting research, sections 48 to 56 must be complied with before
the data matching is performed.
1999 cH‑4.8 s72
Part 7
Commissioner
Division 1
Reviews by Commissioner
Right to ask for a
review
73(1) An individual who makes a request to a
custodian for access to or for correction or amendment of health information
may ask the Commissioner to review any decision, act or failure to act of the
custodian that relates to the request.
(2) An
individual who believes that the individual’s own health information has been
collected, used or disclosed in contravention of this Act may ask the
Commissioner to review that matter.
(3) A custodian may ask the Commissioner to review
the decision of another custodian to refuse to disclose health information
pursuant to section 47(2).
1999 cH‑4.8 s73
How to ask for a review
74(1) To ask for a review under this Division, a
written request must be delivered to the Commissioner.
(2) A
request under section 73 for a review of a decision of a custodian must be
delivered to the Commissioner within
(a) sixty
days after the person asking for the review is notified of the decision, or
(b) any
longer period allowed by the Commissioner.
(3) The failure of a custodian to respond in time
to a request for access to a record is to be treated as a decision to refuse
access, but the time limit in subsection (2)(a) for delivering a request for a
review does not apply.
1999 cH‑4.8 s74
Notifying others of review
75(1) On receiving a request for a review, the
Commissioner must as soon as practicable
(a) give
a copy of the request
(i) to the custodian concerned, and
(ii) to any other person who in the opinion of the Commissioner is
affected by the request,
and
(b) provide
a summary of the review procedures and an anticipated date for a decision in
respect of the review
(i) to the person who asked for the review,
(ii) to the custodian concerned, and
(iii) to any other person who in the opinion of the Commissioner is
affected by the request.
(2) Despite subsection (1)(a), the Commissioner may
sever any information in the request that the Commissioner considers
appropriate before giving a copy of the request to the custodian or any other
person affected by the request.
1999 cH‑4.8 s75
Mediation may be
authorized
76 The Commissioner may authorize a mediator
to investigate and attempt to settle any matter that is the subject of a
request for a review.
1999 cH‑4.8 s76
Inquiry by Commissioner
77(1) Unless section 78 applies, if a matter is not
settled under section 76, the Commissioner must conduct an inquiry and may
decide all questions of fact and law arising in the course of the inquiry.
(2) An
inquiry under subsection (1) may be conducted in private.
(3) The
person who asked for the review, the custodian concerned and any other person
given a copy of the request for the review must be given an opportunity to make
representations to the Commissioner during the inquiry, but no one is entitled
to be present during, to have access to or to comment on representations made
to the Commissioner by another person.
(4) The
Commissioner may decide whether the representations are to be made orally or in
writing.
(5) The
person who asked for the review, the custodian concerned and any other person
given a copy of the request for the review may be represented at the inquiry by
counsel or an agent.
(6) An
inquiry under this section must be completed within 90 days after the
Commissioner receives the request for the review unless the Commissioner
(a) notifies
the person who asked for the review, the custodian concerned and any other
person given a copy of the request for the review that the Commissioner is
extending that period, and
(b) provides an anticipated date for the
completion of the review.
1999 cH‑4.8 s77
Refusal to conduct
inquiry
78 The Commissioner may refuse to conduct an
inquiry pursuant to section 77 if in the opinion of the Commissioner the
subject of a request for a review under section 73 has been dealt with in an
order or investigation report of the Commissioner.
1999 cH‑4.8 s78
Burden of proof
79 If an inquiry relates to a decision to
refuse access to all or part of a record, the onus is on the custodian to prove
that the person asking for the review has no right of access to the record or
part of the record.
1999 cH‑4.8 s79
Commissioner’s orders
80(1) On completing an inquiry under section 77, the
Commissioner must dispose of the issues by making an order under this section.
(2) If
the inquiry relates to a decision to grant or to refuse access to all or part
of a record, the Commissioner may, by order, do the following:
(a) require
the custodian to grant access to all or part of the record, if the Commissioner
determines that the custodian is not authorized or required to refuse access;
(b) either
confirm the decision of the custodian or require the custodian to reconsider
it, if the Commissioner determines that the custodian is authorized to refuse
access;
(c) require
the custodian to refuse access to all or part of the record, if the
Commissioner determines that the custodian is required to refuse access.
(3) If
the inquiry relates to any other matter, the Commissioner may, by order, do one
or more of the following:
(a) require
that a duty imposed by this Act or the regulations be performed;
(b) confirm
or reduce the extension of a time limit under section 15;
(c) confirm
or reduce a fee required to be paid under this Act or order a refund, in the
appropriate circumstances, including if a time limit is not met;
(d) confirm
a decision not to correct or amend health information or specify how health
information is to be corrected or amended;
(e) require
a person to stop collecting, using, disclosing or creating health information
in contravention of this Act;
(f) require
a person to destroy health information collected or created in contravention of
this Act.
(4) The
Commissioner may specify any terms or conditions in an order made under this
section.
(5) The
Commissioner must give a copy of an order made under this section
(a) to
the person who asked for the review,
(b) to
the custodian concerned,
(c) to
any other person given a copy of the request for the review, and
(d) to
the Minister.
(6) A copy of an order made by the Commissioner
under this section may be filed with a clerk of the Court of Queen’s Bench and,
after filing, the order is enforceable as a judgment or order of that Court.
1999 cH‑4.8 s80
No appeal
81 An order made by the Commissioner under
this Act is final.
1999 cH‑4.8 s81
Duty to comply with
order
82(1) Subject to subsection (2), not later than 50
days after being given a copy of an order of the Commissioner, the custodian
concerned must comply with the order.
(2) A
custodian must not take any steps to comply with a Commissioner’s order until
the period for bringing an application for judicial review under subsection (3)
ends.
(3) An
application for judicial review of a Commissioner’s order must be made not
later than 45 days after the person making the application is given a copy of
the order.
(4) If
an application for judicial review is made pursuant to subsection (3), the
Commissioner’s order is stayed until the application is dealt with by the Court
of Queen’s Bench.
(5) Despite subsection (3), the Court may, on
application made either before or after the expiry of the period referred to in
subsection (3), extend that period if it considers it appropriate to do so.
1999 cH‑4.8 s82
Division 2
Disclosure to Commissioner
Disclosure to
Commissioner
83(1) An affiliate of a custodian may disclose to the
Commissioner any health information that the affiliate is required to keep
confidential and that the affiliate, acting in good faith, believes is being
collected, used or disclosed in contravention of this Act.
(2) The
Commissioner must investigate and review any disclosure made under subsection
(1).
(3) If
an affiliate makes a disclosure under subsection (1), the Commissioner must not
disclose the identity of the affiliate to any person without the affiliate’s
consent.
(4) An
affiliate is not liable to a prosecution for an offence under any Act for
disclosing health information to the Commissioner unless the affiliate was
acting in bad faith.
(5) In carrying out an investigation and review
under this section, the Commissioner has all of the powers and duties set out
in sections 76, 77, 80(1) to (5), 88 and 91, and sections 89, 90, 92 and 94
apply.
1999 cH‑4.8 s83
Division 3
Additional Powers and Duties
of Commissioner
General powers of
Commissioner
84 In addition to the Commissioner’s powers
and duties under Divisions 1 and 2 with respect to reviews, the Commissioner is
generally responsible for monitoring how this Act is administered to ensure its
purposes are achieved, and may
(a) at
the request of the Minister or otherwise, conduct investigations to ensure
compliance with any provision of this Act or compliance with rules relating to
the destruction of records set out in an enactment of Alberta,
(b) make
an order described in section 80 whether or not a review is requested,
(c) inform
the public about this Act,
(d) receive
comments from the public concerning the administration of this Act,
(e) engage
in or commission a study of anything affecting the achievement of the purposes
of this Act,
(f) comment
on the implications for access to health information or for protection of
health information of privacy impact
assessments submitted to the Commissioner under section 46(5), 64, 70 or 71,
(g) comment
on the implications for protection of health information of using or disclosing
health information for the purpose of performing data matching,
(h) give
advice and recommendations of general application to a custodian on matters
respecting the rights or obligations of custodians under this Act, and
(i) bring to the attention of a custodian any
failure by the custodian to assist applicants under section 10.
1999 cH‑4.8 s84
Power to resolve
complaints
85 Without limiting section 84, the
Commissioner may investigate and attempt to resolve a complaint that
(a) a
duty imposed by section 10 has not been performed,
(b) an
extension of time for responding to a request is not in accordance with section
15,
(c) a
fee charged under this Act is inappropriate,
(d) a
correction or amendment of health information requested under section 13 has
been refused without justification, or
(e) health information has been collected, used,
disclosed or created by a custodian in contravention of this Act.
1999 cH‑4.8 s85
Advice and
recommendations
86(1) A custodian may ask the Commissioner to give
advice and recommendations on any matter respecting any rights or duties under
this Act.
(2) The
Commissioner may in writing provide the custodian with advice and
recommendations that
(a) state
the material facts either expressly or by incorporating facts stated by the
custodian,
(b) are
based on the facts referred to in clause (a), and
(c) may be based on any other considerations the
Commissioner considers appropriate.
1999 cH‑4.8 s86
Power to authorize a
custodian to disregard requests
87(1) At
the request of a custodian, the Commissioner may authorize the custodian to
disregard one or more requests under section 8(1) or 13(1) if
(a) because
of their repetitious or systematic nature, the requests would unreasonably interfere
with the operations of the custodian or amount to an abuse of the right to make
those requests, or
(b) one
or more of the requests are frivolous or vexatious.
(2) The processing of a request under
section 8(1) or 13(1) ceases when a custodian has made a request under
subsection (1) and
(a) if
the Commissioner authorizes the custodian to disregard the request, does not
resume;
(b) if the Commissioner does not authorize the
custodian to disregard the request, does not resume until the Commissioner advises
the custodian of the Commissioner’s decision.
RSA 2000 cH‑5
s87;2006 c18 s15
Powers of Commissioner
in conducting investigations
or inquiries
88(1) In conducting an inquiry under section 77 or an
investigation under section 84(a) or in giving advice and recommendations under
section 86, the Commissioner has all the powers, privileges and immunities of a
commissioner under the Public Inquiries
Act and the powers given by subsection (2) of this section.
(2) The
Commissioner may require any relevant record to be produced to the Commissioner
and may examine any information in the record, whether or not the record is
subject to the provisions of this Act.
(3) Despite
any other enactment or any privilege of the law of evidence, a custodian must
produce to the Commissioner within 10 days any record or a copy of any record
required under subsection (1) or (2).
(4) If
a custodian is required to produce a record under subsection (1) or (2) and it
is not practical to make a copy of the record, the custodian may require the
Commissioner to examine the original at its site.
(5) After completing a review or investigating a
complaint, the Commissioner must return any record or any copy of any record
produced.
1999 cH‑4.8 s88
Statements made to
Commissioner not admissible
in evidence
89(1) A statement made or an answer given by a person
during an investigation or inquiry by the Commissioner is inadmissible in
evidence in court or in any other proceeding, except
(a) in
a prosecution for perjury in respect of sworn testimony,
(b) in
a prosecution for an offence under this Act, or
(c) in
an application for judicial review or an appeal from a decision with respect to
that application.
(2) Subsection (1) applies also in respect of
evidence of the existence of proceedings conducted before the Commissioner.
1999 cH‑4.8 s89
Privileged information
90 Anything said, any information supplied
or any record produced by a person during an investigation or inquiry by the
Commissioner is privileged in the same manner as if the investigation or
inquiry were a proceeding in a court.
1999 cH‑4.8 s90
Restrictions on
disclosure of information by
Commissioner
and staff
91(1) The Commissioner and anyone acting for or under
the direction of the Commissioner must not disclose any information obtained in
performing their duties, powers and functions under this Act, except as
provided in subsections (2) to (5) and section 50.1.
(2) The
Commissioner may disclose, or may authorize anyone acting for or under the
direction of the Commissioner to disclose, information that is necessary
(a) to
conduct an investigation or inquiry under this Act, or
(b) to
establish the grounds for findings and recommendations contained in a report
under this Act.
(3) In
conducting an investigation or inquiry under this Act and in a report under
this Act, the Commissioner and anyone acting for or under the direction of the
Commissioner must take every reasonable precaution to avoid disclosing and must
not disclose
(a) any
health information a custodian would be required or authorized to refuse to
disclose if it were contained in a record requested under section 8(1), or
(b) whether
health information exists, if a custodian in refusing to grant access does not
indicate whether the information exists.
(4) The
Commissioner may disclose to the Minister of Justice and Attorney General
information relating to the commission of an offence under an enactment of
Alberta or Canada if the Commissioner considers there is evidence of an
offence.
(5) The Commissioner may disclose, or may authorize
anyone acting for or under the direction of the Commissioner to disclose,
information in the course of a prosecution, application or appeal referred to
in section 89(1).
RSA 2000 cH‑5
s91;2006 c18 s16
Immunity from suit
92 No action lies and no proceeding may be
brought against the Commissioner, or against a person acting for or under the
direction of the Commissioner, for anything done, reported or said in good
faith in the exercise or performance or the intended exercise or performance of
a duty, power or function under this Part.
1999 cH‑4.8 s92
Delegation by
Commissioner
93(1) The Commissioner may delegate to any person any
duty, power or function of the Commissioner under this Act except the power to
delegate.
(2) A delegation under subsection (1) must be in
writing and may contain any conditions or restrictions the Commissioner
considers appropriate.
1999 cH‑4.8 s93
Role of Ombudsman
94 The Ombudsman may not investigate any
matter that the Commissioner has the power to investigate or review under this
Part unless the Commissioner agrees.
1999 cH‑4.8 s94
Annual report of
Commissioner
95(1) The Commissioner must report annually to the
Speaker of the Legislative Assembly on
(a) the
work of the Commissioner’s office, and
(b) any
other matters relating to the protection of health information that the
Commissioner considers appropriate.
(2) On
receiving a report from the Commissioner, the Speaker must lay the report
before the Legislative Assembly
(a) as
soon as possible, if the Legislature is then sitting, or
(b) if the Legislature is not then sitting,
within 15 days after the commencement of the next sitting.
1999 cH‑4.8 s95
Division 4
Conflict of Interest of Commissioner
Adjudicator
96(1) The Lieutenant Governor in Council may
designate a judge of the Court of Queen’s Bench of Alberta to act as an
adjudicator
(a) to
investigate complaints respecting any matter referred to in section 85 made
against a custodian where the Commissioner has been a member, employee or
administrator of that custodian or where, in the Commissioner’s opinion, the
Commissioner has a conflict with respect to that custodian;
(b) to
review, if requested under section 98, a decision, act or failure to act of a
custodian where the Commissioner has been a member, employee or administrator
of that custodian or where, in the Commissioner’s opinion, the Commissioner has
a conflict with respect to that custodian.
(2) An
adjudicator must not review an order of the Commissioner made under this Act.
(3) An
adjudicator may retain the services of any persons necessary to assist in
performing the adjudicator’s functions under this Act.
(4) The
Government of Alberta may pay out of the General Revenue Fund
(a) to
an adjudicator, the expenses a judge is entitled to receive under section 57(3)
of the Judges Act (Canada) while
acting as an adjudicator, and
(b) to a person whose services are retained
under subsection (3), remuneration for those services.
1999 cH‑4.8 s96
Powers, duties and
functions of adjudicator
97(1) For the purposes of section 96, an adjudicator
has the powers, duties and functions given to the Commissioner by sections
85(a) to (d), 87, 88 and 91(1), (2)(a) and (3) to (5).
(2) Sections 89, 90, 92 and 94 apply for the
purposes of an investigation, inquiry or review by an adjudicator.
1999 cH‑4.8 s97
Review where
Commissioner in conflict
98(1) This section applies where the Commissioner is
asked under section 73 to review a decision, act or failure to act of a
custodian and the Commissioner had been a member, employee or administrator of
that custodian or, in the Commissioner’s opinion, the Commissioner has a
conflict with respect to that custodian.
(2) An
individual who makes a request to a custodian for access to or for correction
or amendment of health information may ask an adjudicator to review any
decision, act or failure to act of the custodian that relates to the request.
(3) An
individual who believes that the individual’s own health information has been
collected, used or disclosed in contravention of this Act may ask an
adjudicator to review that matter.
(4) A custodian may ask an adjudicator to review
the decision of another custodian to refuse to disclose health information
pursuant to section 47(2).
1999 cH‑4.8 s98
How to ask for a review
99(1) To ask for a review under this Division, a
written request must be delivered to the Minister.
(2) A
request for a review of a decision must be delivered to the Minister within
(a) sixty
days after the person asking for the review is notified of the decision, or
(b) any longer period allowed by the
adjudicator.
1999 cH‑4.8 s99
Notifying others of
review
100 On receiving a request for a review, the
Minister must as soon as practicable
(a) give
the request to an adjudicator,
(b) give
a copy of the request
(i) to the Commissioner, and
(ii) to any other person who in the opinion of the Minister is
affected by the request,
and
(c) provide
a summary of the review procedures
(i) to the person who asked for the review,
(ii) to the Commissioner, and
(iii) to any other person who in the opinion of
the Minister is affected by the request.
1999 cH‑4.8 s100
Conduct and outcome of
review
101(1) An adjudicator has the powers and duties given
to the Commissioner by sections 76 and 77(1) and (2), and sections 77(3) to (6)
and 79 apply to an inquiry conducted by an adjudicator.
(2) On
completing an inquiry, an adjudicator has the same duty to dispose of the
issues, the same power to make orders and the same duty to notify others of
those orders as the Commissioner has under section 80(1) to (5).
(3) An
adjudicator must give a copy of an order made by the adjudicator under this Act
to the Commissioner.
(4) A
copy of an order made by an adjudicator under this Act may be filed with a
clerk of the Court of Queen’s Bench and, after filing, the order is enforceable
as a judgment or order of that Court.
(5) Section
82 applies to an order of an adjudicator.
(6) An order made by an adjudicator under this Act
is final.
1999 cH‑4.8 s101
Part 8
General Provisions
Oaths
102(1) Before beginning to perform duties under this
Act, the Commissioner must take an oath to faithfully and impartially perform
the duties of the Commissioner under this Act and not to disclose any
information received by the office of the Commissioner under this Act, except
as provided for in this Act.
(2) Every
person employed or engaged by the office of the Commissioner must, before
beginning to perform duties under this Act, take an oath not to disclose any
information received by that person under this Act, except as provided for in
this Act.
(3) The
oath referred to
(a) in
subsection (1) must be administered by the Speaker of the Legislative Assembly
or the Clerk of the Legislative Assembly, and
(b) in subsection (2) must be administered by
the Commissioner.
1999 cH‑4.8 s102
Manner of giving notice
103 Where this Act requires any notice or
other document to be given to a person, it is to be given
(a) by
sending it to that person by prepaid mail to the last known address of that
person,
(b) by
personal service,
(c) by
substitutional service if so authorized by the Commissioner, or
(d) by means of a machine or device that
electronically transmits a copy of a document, picture or other printed
material by means of a telecommunications system.
1999 cH‑4.8 s103
Exercise of rights by
other persons
104(1) Any right or power conferred on an individual
by this Act may be exercised
(a) if
the individual is 18 years of age or older, by the individual,
(b) if
the individual is under 18 years of age and understands the nature of the right
or power and the consequences of exercising the right or power, by the
individual,
(c) if
the individual is under 18 years of age but does not meet the criterion in
clause (b), by the guardian of the individual,
(d) if
the individual is deceased, by the individual’s personal representative if the
exercise of the right or power relates to the administration of the
individual’s estate,
(e) if
a guardian or trustee has been appointed for the individual under the Dependent Adults Act, by the guardian or
trustee if the exercise of the right or power relates to the powers and duties
of the guardian or trustee,
(f) if
an agent has been designated under a personal directive under the Personal Directives Act, by the agent if
the directive so authorizes,
(g) if
a power of attorney has been granted by the individual, by the attorney if the
exercise of the right or power relates to the powers and duties conferred by
the power of attorney,
(h) if
the individual is a formal patient as defined in the Mental Health Act, by the individual’s nearest relative as defined
in that Act if the exercise of the right or power is necessary to carry out the
obligations of the nearest relative under that Act, or
(i) by
any person with written authorization from the individual to act on the
individual’s behalf.
(2) Any notice required to be given to an
individual under this Act may be given to the person entitled to exercise the
individual’s rights or powers referred to in subsection (1).
RSA 2000 cH‑5
s104;2003 c23 s5
Immunity from suit
105 No action lies and no proceeding may be
brought against the Crown, a custodian or any person acting for or under the
direction of a custodian for damages resulting from anything done or not done
by that person in good faith while carrying out duties or exercising powers
under this Act including, without limitation, any failure to do something where
a person has discretionary authority to do something but does not do it.
1999 cH‑4.8 s105
Protection of employee
106(1) A custodian or a person acting on behalf of a
custodian must not take any action against its affiliate to negatively affect
its status as an affiliate of the custodian because the affiliate, acting in
good faith,
(a) has
exercised or may exercise a right under section 83, or
(b) has
properly disclosed information in accordance with this Act.
(2) A person who contravenes subsection (1) is
guilty of an offence and liable to a fine of not more than $10 000.
1999 cH‑4.8 s106
Offences and penalties
107(1) No custodian or affiliate of a custodian shall
knowingly
(a) alter,
falsify or conceal any record, or direct another person to do so, with the
intent to evade a request for access to the record, or
(b) destroy
any record that is subject to this Act, or direct another person to do so, with
the intent to evade a request for access to the record.
(2) No
person shall knowingly
(a) collect,
use, disclose or create health information in contravention of this Act,
(b) gain
or attempt to gain access to health information in contravention of this Act,
(c) make
a false statement to, or mislead or attempt to mislead, the Commissioner or
another person performing the duties, powers or functions of the Commissioner
or other person under this Act,
(d) obstruct
the Commissioner or another person in the performance of the duties, powers or
functions of the Commissioner or other person under this Act,
(e) fail
to comply with an order made by the Commissioner under section 80 or by an
adjudicator under section 101, or
(f) use
individually identifying health information to market any service for a
commercial purpose or to solicit money unless the individual who is the subject
of the health information has specifically consented to its use for that
purpose.
(3) No
researcher shall knowingly breach the terms and conditions of an agreement
entered into with a custodian pursuant to section 54.
(4) No
information manager shall knowingly breach the terms and conditions of an
agreement entered into with a custodian pursuant to section 66.
(5) No
person to whom non‑identifying health information is disclosed and who
intends to use the information to perform data matching shall fail to comply
with section 32(2).
(5.1) No
person shall knowingly disclose health information to which this Act applies
pursuant to a subpoena, warrant or order issued or made by a court, person or
body having no jurisdiction in Alberta to compel the production of information
or pursuant to a rule of court that is not binding in Alberta.
(6) A
person who contravenes this section, except subsection (5.1), is guilty of an
offence and liable to a fine of not more than $50 000.
(7) A
person who contravenes subsection (5.1) is guilty of an offence and liable
(a) in
the case of an individual, to a fine of not less than $2000 and not more than
$10 000, and
(b) in
the case of any other person, to a fine of not less than $200 000 and not more
than $500 000.
(8) A prosecution under this Act may be commenced
within 2 years after the commission of the alleged offence, but not afterwards.
RSA 2000 cH‑5
s107;2006 c18 s17
Regulations
108(1) The Lieutenant Governor in Council may make
regulations
(a) designating
boards, councils, committees, commissions, panels, agencies or corporations or
individuals as custodians;
(b) describing
registration information for the purposes of section 1(1)(u);
(c) expressly
providing that another Act or a regulation, or a provision of it, prevails
despite this Act for the purposes of section 4;
(d) authorizing
persons other than custodians to require individuals to provide their personal
health numbers;
(e) respecting
the requirements of a consent or a revocation of a consent that is provided
electronically for the purposes of sections 34 and 59;
(f) respecting
the disclosure of individually identifying registration information by
custodians to persons who are not custodians for the purposes of section 36(c);
(f.1) prescribing
information for the purposes of section 46(1)(b)(ii);
(g) respecting
the retention, disposal and archival storage of records for the purposes of
section 60;
(h) respecting
the administrative, technical and physical safeguards that a custodian must
maintain in respect of health information pursuant to section 60;
(i) respecting
the stripping, encoding or other transformation of individually identifying
health information to create non‑identifying health information pursuant
to section 65 or an agreement referred to in section 66;
(j) respecting
fees payable for services provided under Part 2 and providing for circumstances
in which applicants may be excused from paying all or part of a fee;
(k) defining
terms that are used but not defined in this Act.
(2) The
Minister may make regulations
(a) designating
bodies as research ethics boards for the purposes of sections 48 to 56;
(b) respecting agreements to be entered into by
custodians and information managers pursuant to section 66.
RSA 2000 cH‑5
s108;2006 c18 s18
Review of Act
109(1) A special committee of the Legislative Assembly
must begin a comprehensive review of this Act within 3 years after the coming
into force of this section and must submit to the Legislative Assembly, within
one year after beginning the review, a report that includes the committee’s
recommended amendments.
(2) The
review referred to in subsection (1) must include a review of the application
of this Act
(a) to
departments of the Government of Alberta,
(b) to
local public bodies as defined in the Freedom
of Information and Protection of Privacy Act, and
(c) to any other entity that is not a custodian
and has information about the health of an individual in its custody or under
its control.
1999 cH‑4.8 s109
Part 9
Consequential Amendments, Paramountcy and Coming into Force
110 to 124 (These
sections make consequential amendments to other Acts. The amendments have been incorporated in
those Acts.)
Coming into force
125 This Act comes into force on Proclamation.
1999 cH‑4.8 s125
(NOTE: Proclaimed in force April 25, 2001.)
