Appendix 5: Ontario Regulation 329/04 under PHIPA

• Author: Halyna N. Perun; Michael Orr; Fannie Dimitriadis
• Pages: 752-768

752

No Amendments

GENERAL

This is the English version of a bilingual regulation.

Definitions for the purposes of the Act

1. (1) In the definition of “health care” in section 2 of the Act,

“a procedure that is done for a health-related purpose” includes taking a dona-

tion of blood or blood products from an individual. O. Reg. 329/04, s. 1 (1).

(2) For the purposes of the Act,

“marketing” does not include,

(a) a communication by a health care practitioner who provides insured

services within the meaning of the Health Insurance Act to an individ-

ual or a member of the individual’s family or household by which the

practitioner makes available to those persons an arrangement where-

by they may receive ancillary uninsured services for a block fee or on

the basis of a set fee for service, or

(b) a communication by the Canadian Blood Services for the purpose of

recruiting donors of blood, blood products or hematopoietic progeni-

tor cells. O. Reg. 329/04, s. 1 (2).

Appendix 5:

Ontario Regulation

329/04 under HIPA

(3) In the definition of “disclose” in section 2 of the Act, the expression “to

make the information available or to release it to another health information cus-

todian or to another person” does not include a person’s providing personal health

information to someone who provided it to or disclosed it to the person, whether

or not the personal health information has been manipulated or altered, if it does

not contain any additional identifying information. O. Reg. 329/04, s. 1 (3).

(4) For the purposes of clause 4 (1) (d) of the Act, the expression “eligibili-

ty for health care” includes eligibility for coverage under the Health Insurance

Act or for any other insurance or payment arrangement with respect to health

care. O. Reg. 329/04, s. 1 (4).

(5) For the purposes of subsection 7 (3) of the Act, if the Act or its regula-

tions provides that an action, including a collection, use or disclosure, may be

taken, and another Act or regulation provides that it may not be taken, then “it

is not possible to comply with both”. O. Reg. 329/04, s. 1 (5).

(6) For the purposes of clause 18 (4) (c) of the Act,

“information about an individual’s state of health” does not include informa-

tion about medication or related goods or services provided by a member

of the Ontario College of Pharmacists to the individual that the member

discloses to a third party who is being requested to provide payment for

the medication or related goods or services. O. Reg. 329/04, s. 1 (6).

(7) For the purposes of paragraph 5 of subsection 23 (1) of the Act,

“a person whom an Act of Ontario or Canada authorizes or requires to act on

behalf of the individual” includes a person who is an agent for the purpos-

es of section 157 of the Drug and Pharmacies Regulation Act where the con-

sent under section 23 of the Personal Health Information Protection Act,

2004 relates to a prescription being presented to a pharmacist to be dis-

pensed. O. Reg. 329/04, s. 1 (7).

(8) For the purposes of subsections 34 (2) and (3) of the Act,

“a person who is not a health information custodian” does not include,

(a) a custodian’s agent who is using or disclosing the information on

behalf of the custodian in accordance with the Act, or

(b) the individual or the individual’s substitute decision-maker in respect

of the individual’s health number. O. Reg. 329/04, s. 1 (8).

Ontario Regulation 329/04 under PHIPA 753