Thanks to a regular correspondent for pointing this out ...
The Personal Health Information Protection Act of Ontario has been declared to be substantially similar to PIPEDA:
Canada Gazette:Health Information Custodians in the Province of Ontario Exemption Order
P.C. 2005-2224 November 28, 2005
Whereas the Governor in Council is satisfied that the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Schedule A, of the Province of Ontario, which is substantially similar to Part 1 of the Personal Information Protection and Electronic Documents Act (see footnote a), applies to the health information custodians referred to in the annexed Order;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 26(2)(b) of the Personal Information Protection and Electronic Documents Act (see footnote b), hereby makes the annexed Health Information Custodians in the Province of Ontario Exemption Order.
HEALTH INFORMATION CUSTODIANS IN THE PROVINCE OF ONTARIO EXEMPTION ORDER
EXEMPTION
1. Any health information custodian to which the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Schedule A, applies is exempt from the application of Part 1 of the Personal Information Protection and Electronic Documents Act in respect of the collection, use and disclosure of personal information that occurs within the Province of Ontario.
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.
1 comment:
The official regulatory impact statement published together with the order in the Canada Gazette makes it clear that this order exempts agents of health information custodians together with the custodians themselves.
For detailed information about the interaction between PHIPA and other laws (including Ontario health sector law, Ontario public sector privacy law, and PIPEDA) see Chapter 3 in the Guide to the Ontario Personal Health Information Protection Act, published by Irwin Law in October, 2005. See http://www.irwinlaw.com/books.cfm?pub_id=98&series_id=3
An excerpt entitled "10 Things to Know to Make Compliance with PHIPA Easier" is available there as a free download at: http://www.irwinlaw.com/assets/10Things.pdf
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