Report on the Public Consultation and Review of
The Personal Health Information Act

Minister's Letter

PHIA was enacted in 1997 to ensure individual access to, and privacy of, personal health information maintained by health care providers, government and local public bodies. The act calls for a review process to ensure it continues to address access and privacy rights in a manner that meets health system requirements and citizen expectations.

PHIA’s companion statute The Freedom of Information and Protection of Privacy Act (FIPPA) contains a similar review clause, and consequently, the reviews were coordinated.

The PHIA review process began with the establishment of a PHIA Review Steering Committee in September 2002. This committee, which included representation from government, regional health authorities and health professions, researched and developed background material and generally managed the review process.

A discussion paper profiled several issues that have been raised since PHIA was enacted. The discussion paper also invited review participants to comment on any issue of interest or concern to them that fit within the scope of PHIA.

Public consultations began with the release of the discussion paper titled: A Review of The Personal Health Information Act: Tell Us What You Think on February 9, 2004.

Between February 9 and May 11, 2004, over 1000 discussion documents were circulated to regional health authorities, health care facilities, regulatory bodies, local public bodies, community organizations and many others who expressed interest in the review. The discussion document was also available on the PHIA review web site.

The public participation component of the PHIA review included public hearings in Brandon, Winnipeg and Thompson, held on April 26, May 3 and May 11, 2004 respectively, to provide interested parties the opportunity to address PHIA in an open and public forum.

In addition, records show that the PHIA review web site was visited nearly 3000 times between February 9 and May 14, 2004. The discussion document Tell Us What You Think was accessed online over 3350 times during the same time period. At the close of the public consultation component of the PHIA review, nearly 90 submissions had been received from members of the public, regional health authorities, health professionals, health care facilities, research organizations, regulatory bodies, professional associations, community organizations, municipalities, national institutions, and many other groups. A more detailed list of review participants is attached at the end of this report for reference.

The majority of these submissions were made in writing or submitted by email. Eighteen participants took advantage of an online submission form, accessible through the government's PHIA review web site. A total of 22 individuals made oral presentations at public hearings.

As the PHIA review is a public process, written submissions have been made available to the public in the Legislative Library at 200 Vaughan Street in Winnipeg. Some of the written submissions have been severed, where necessary, to protect personal information and the identities of individuals who provided personal opinions. Comments provided by individuals at public hearings were not severed, as these submissions were made in an open and public forum. Identities of organizations in connection with their submissions are also public.

The views, suggestions and ideas Manitobans offered through this process have made an important contribution to the overall review process. We are committed to ensuring that this legislation will continue to address access and privacy rights in a manner consistent with both health system requirements and citizens' expectations.

Participants in the PHIA Review
February 9 – May 11, 2004

Written Submissions

• Anxiety Disorders Association of Manitoba

• Association for Healthcare Philanthropy – Canada

• Ben Berkal, Chair of Winnipeg Regional Health Authority Ethics Committee

• Brandon Police Service

• Brandon Regional Health Authority

• Burntwood Regional Health Authority

• Canadian Blood Services

• Canadian Information Processing Society

• Canadian Institute for Health Information

• Canadian Life and Health Insurance Association, Inc.

• Canadian Medical Protective Association

• CancerCare Manitoba

• Christ the King Family Support Group

• City of Brandon

• College of Licensed Practical Nurses of Manitoba, College of Physicians and Surgeons of Manitoba, College of Registered Nurses of Manitoba, College of Registered Psychiatric Nurses of Manitoba, Manitoba Pharmaceutical Association

• College of Physiotherapists of Manitoba

• Concordia Hospital

• Dr. William Leslie, Professor of Medicine and Radiology

• Heart and Stroke Foundation of Manitoba

• Hospital Information Systems Project, Steering Committee

• IBM Canada

• IMS Health

• Interfaith Health Care Association, Manitoba Interfaith Council, Canadian Association of Pastoral Care and Practice

• Interlake Regional Health Authority

• Manitoba Association of Chiefs of Police

• Manitoba Association of Optometrists

• Manitoba Association of School Trustees

• Manitoba Athletic Therapists’ Association

• Manitoba Centre for Health Policy

• Manitoba Federation of Labour

• Manitoba Health Record Association

• Manitoba Health Research Council

• Manitoba Medical Association

• Manitoba Schizophrenia Society, Inc.

• Manitoba Teachers’ Society

• Misericordia Health Centre

• Parkland Regional Health Authority

• Regional Health Authority – Central Manitoba Inc.

• Rehab Centre for Children

• Royal Canadian Mounted Police

• Section of Genetics and Metabolism, Health Sciences Centre

• St. Boniface General Hospital

• St. James Assiniboia School Division

• The Winnipeg School Division

• Victoria General Hospital

• Winnipeg Co-occurring Disorders Initiative Agencies

• Winnipeg Hospital Spiritual Care Coordinators

• Winnipeg Regional Health Authority

In addition, 18 private individuals provided written submissions.

Public Hearing Presentations

* Indicates public speakers who also provided a written copy of their presentation.

• Andrew Ogaranko and Bryan Schwartz on behalf of the Manitoba Interfaith Council, Interfaith Health Care Association of Manitoba, Canadian Association of Pastoral Practice and Care* (Winnipeg)

• Bernice Lewis (Brandon)

• Blair Connell, Director of Information Systems, Burntwood Regional Health Authority (Thompson)

• Blake Taylor* (Winnipeg)

• Brian and Valerie Wilson* (Thompson)

• Brian Schoonbaert, Vice President, Brandon Regional Health Authority
  (Brandon)

• Charles Cruden, Manitoba Society of Seniors* (Winnipeg)

• Deacon MacKenzie (Brandon)

• Inspector Gord Schumacher, Manitoba Association of Chiefs of Police*

• (Winnipeg)

• Joan Swidnicki, Access and Privacy Officer, City of Brandon (Brandon)

• John Wilderspin (Brandon)

• Mary Jane McCallum (Winnipeg)

• Mimi Raglan* (Winnipeg)

• Peter J. Dyck, Mennonite Church of Canada* (Winnipeg)

• Reverend Busink (Brandon)

• Reverend Fletcher Stewart, St. James Anglican Church* (Winnipeg)

• Reverend Leslie-Elizabeth King, St. John’s United Church (Thompson)

• Richard James (Brandon)

• Sister Andrea Dumont (Thompson)

• Susan Caine (Winnipeg)

• Susan Skinner, Association for Healthcare Philanthropy – Canada* (Winnipeg)

• Watson Gale, Canadian Blood Services* (Winnipeg)