Wednesday, December 14, 2005

PHIPA declared substantially similar

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.

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