"Being in the health care sector,
confidentiality and security of patient information
has been a key component of our business and
is practiced each time we provide services to
our patients and our employees."
Debbie Sabatino
Director Privacy
MDS Diagnostic Services
PrivaViews
Sept. 2003
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Privacy in ONtario
Jurisdiction
As of January 1, 2004, all organizations involved in
commercial activities in Ontario, as in all provinces
that do not have substantially similar privacy legislation,
must comply with PIPEDA. Learn more about PIPEDA.
Note: Canada Gazette posts the PHIPA/PIPEDA substantially
similiar exemption order for Health Information
Custodians in the Province of Ontario, registered on
November 28, 2005
 Personal
Health Information Protection Act. (PHIPA)
Ontario's Health Information Protection Act, 2004
received Royal Assent on May 20, 2004 and came
into effect on November 1, 2004.
The Health Information Protection Act consists of two
parts: 1) the Personal Health Information Protection
Act (PHIPA), and 2) the Quality of Care Information
Protection Act. It provides consistent and comprehensive
rules for individuals and organizations that collect,
use and disclose personal health information.
PHIPA impacts health information custodians (HICs)
and their agents, which are both defined in the Act.
Individuals and organizations to which a health information
custodian discloses information, are required to comply
with PHIPA. Under the PHIPA, a “health information
custodian” is defined as:
“Health information custodian”, subject
to exceptions set out in the Act, means a person or
organization described in one of the following paragraphs
who has custody or control of personal health information
as a result of or in connection with performing the
person’s or organization’s powers or duties
or the work described in the paragraph, if any:
- A health care practitioner or a person who operates
a group practice of health care practitioners.
- A service provider within the meaning of the Long-Term
Care Act, 1994 who provides a community service to
which that Act applies.
- A community care access corporation within the
meaning of the Community Care Access Corporations
Act, 2001.
- A person who operates one of the following facilities,
programs or services:
i. A hospital within the meaning of the Public Hospitals
Act, a private hospital within the meaning of the
Private Hospitals Act, a psychiatric facility within
the meaning of the Mental Health Act, an institution
within the meaning of the Mental Hospitals Act or
an independent health facility within the meaning
of the Independent Health Facilities Act.
ii. An approved charitable home for the aged within
the meaning of the Charitable Institutions Act, a
placement coordinator described in subsection 9.6
(2) of that Act, a home or joint home within the meaning
of the Homes for the Aged and Rest Homes Act, a placement
coordinator described in subsection 18(2) of that
Act, a nursing home within the meaning of the Nursing
Homes Act, a placement coordinator described in subsection20.1
(2) of that Act or a care home within the meaning
of the Tenant Protection Act, 1997.
iii. A pharmacy within the meaning of Part VI of the
Drug and Pharmacies Regulation Act.
iv. A laboratory or a specimen collection centre as
defined in section 5 of the Laboratory and Specimen
Collection Centre Licensing Act.
v. An ambulance service within the meaning of the
Ambulance Act.
vi. A home for special care within the meaning of
the Homes for Special Care Act.
vii. A centre, program or service for community health
or mental health whose primary purpose is the provision
of health care.
Relevant Interviews
Personal Health Information Protection Act
(PHIPA)
Ken Anderson, Assistant Commissioner, Information and
Privacy Commissioner/Ontario, provides his perspective
on the Personal Health Information Protection Act
including the impact of it being deemed substantially
similar to PIPEDA. He also discusses the challenges
for health information custodians, the number of complaints
received, how orders can extend beyond health information
custodians, cross-border transfers of personal health
information and the prospects of changes to privacy
legislation in Ontario. Interview
Privacy Considerations for Agents as defined by PHIPA
Sara Levine of Fasken Martineau, DuMoulin provides
an overview of Agents, as defined by PHIPA, and discusses
legislative responsibilities, contractual considerations
and privacy breaches. Sara is a featured speaker
at the upcoming "Implementing PHIPA" conference
being held on May 8-9, 2006 (see below). Interview
Interview with Dr. Ann Cavoukian, the Information
and Privacy Commissioner of Ontario
The interview with Dr. Ann Cavoukian provides specifics
relating to Ontario's Personal Health Information Protection
Act (PHIPA) including a comprehensive discussion of
the individuals and organizations subject to PHIPA .
Dr. Cavoukian speaks to the PHIPA considerations
for all organizations in Ontario as well as the prospects
for an Ontario private sector privacy legislation.
Interview
Interview with Miyo Yamashita
Miyo Yamashita of Anzen Consulting Ltd. reviews Canada's
newest privacy Act, Ontario's Personal Health Information
Protection Act (PHIPA) which received royal assent on
May 20, 2004 and will come into force on November 1,
2004. In discussing PHIPA, Ms. Yamashita will outline
who is a Health Information Custodian (HIC), the impact
PHIPA has on non-health care organizations and the substantially
similarities of PHIPA to PIPEDA. Interview
External Resources
Ontario Information and Privacy Commissioner
Government of Ontario
Will Ontario have private sector privacy legislation?
The privacy community expects that Ontario will introduce
private sector privacy legislation.
Will Nymity provide privacy resources for Ontario's
future private sector Act?
Yes, consistent with our offerings for British Columbia
and Alberta, Nymity will provide both free and subscription-based
services for Ontario's future privacy Act.
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