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STATUTES AMENDMENT ACT, 2014

STATUTES AMENDMENT ACT, 2014

Chapter 8

 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:


Health Information Act

Amends RSA 2000 cH‑5

4(1)   The Health Information Act is amended by this section.

(2)  The following is added after section 60:

Duty to notify

60.1(1)  Subject to the regulations, an affiliate of a custodian must as soon as practicable notify the custodian in accordance with the regulations of any loss of individually identifying health information or any unauthorized access to or disclosure of individually identifying health information in the custody or control of the custodian.

(2)  Subject to the regulations, subsections (4) and (5) and section 85.1, a custodian must as soon as practicable give notice in accordance with the regulations and subsection (3) of any loss of individually identifying health information or any unauthorized access to or disclosure of individually identifying health information in the custody or control of the custodian if there is a risk of harm to an individual as a result of the loss or unauthorized access or disclosure.

(3)  The notice required by subsection (2) must be given to

                                   (a)    the Commissioner,

                                   (b)    the Minister, and

                                    (c)    the individual who is the subject of the individually identifying health information.

(4)  A custodian must consider all relevant factors, including the factors prescribed by the regulations, in assessing for the purposes of subsection (2) whether there is a risk of harm to an individual.

(5)  If a custodian considers that giving notice under subsection (2) to an individual who is the subject of individually identifying health information could reasonably be expected to result in a risk of harm to the individual’s mental or physical health, the custodian may decide not to give notice to the individual, in which case the custodian must immediately give notice to the Commissioner of the decision not to give notice to the individual, and the reasons for the decision, in accordance with the regulations.

(3)  Section 82 is amended

                             (a)    in subsection (1) by adding “other than an order made under section 85.1,” after “the Commissioner,”;

                             (b)    in subsection (2) by adding “, other than an order made under section 85.1,” after “Commissioner’s order”;

                             (c)    in subsection (3) by adding “, other than an order made under section 85.1,” after “Commissioner’s order”.

(4)  The following is added after section 85:

Power to order notification under section 60.1

85.1(1)  On receiving a notice under section 60.1(5), the Commissioner may require the custodian to provide any additional information the Commissioner considers necessary to determine whether to make an order under subsection (2)(b).

(2)  On considering the notice under section 60.1(5), the reasons the custodian provided for the decision not to notify the individual and any information provided under subsection (1), the Commissioner may

                                   (a)    confirm the decision of the custodian, or

                                   (b)    by order require the custodian to provide a notice that contains the information specified in the order, in the form, manner and within the time specified in the order.

(3)  The Commissioner may

                                   (a)    specify any terms or conditions in an order made under subsection (2)(b), and

                                   (b)    amend an order made under subsection (2)(b).

(4)  The custodian must comply with a requirement to provide information under subsection (1), and if the custodian does not comply, the Commissioner may apply to the Court of Queen’s Bench for an order to compel the custodian to provide the information.

(5)  On the application of the Commissioner under subsection (4), the Court of Queen’s Bench may make an order requiring the custodian to provide information to the Commissioner in accordance with a requirement under subsection (1).

(6)  The Commissioner must give a copy of an order made under subsection (2)(b)

                                   (a)    to the custodian, and

                                   (b)    to the Minister.

(7)  After being given a copy of an order under subsection (2)(b) the custodian must comply with the order.

(8)  An order under subsection (2)(b) may only be stayed by an order of the Court of Queen’s Bench.

(9)  A copy of an order made by the Commissioner under subsection (2)(b) may be filed with a clerk of the Court of Queen’s Bench and, after filing, the order is enforceable as a judgment or order of that Court.

(5)  Section 89(1) is amended

                             (a)    by adding “to the Commissioner under section 85.1 or” after “by a person”;

                             (b)    by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following after clause (c):

                                   (d)    in an application for a stay of an order made under section 85.1(2)(b).

(6)  Section 90 is amended

                             (a)    by adding “to the Commissioner under section 85.1 or” after “by a person”;

                             (b)    by striking out “investigation or inquiry were” and substituting “matter, investigation or inquiry were”.

(8)  Section 107 is amended

                             (a)    by adding the following after subsection (1):

(1.1)  No custodian shall

                                   (a)    fail to take reasonable steps in accordance with the regulations to maintain administrative, technical and physical safeguards that will protect against any reasonably anticipated threat or hazard to the security or integrity of health information or of loss of health information,

                                   (b)    fail to comply with section 60.1(2), (3), (4) or (5), or

                                    (c)    fail to comply with an order made by the Commissioner under section 85.1(2)(b).

(1.2)  No affiliate of a custodian shall fail to comply with section 60.1(1).

                             (b)    in subsections (6) and (7) by striking out “subsection (5.1)” and substituting “subsection (1.1), (1.2) or (5.1)”;

                             (c)    in subsection (8) by adding “, except a prosecution referred to in subsection (9),” after “A prosecution under this Act”;

                             (d)    by adding the following after subsection (8):

(9)  A prosecution for an offence under subsection (1.1)(b) or (c) or (1.2) may be commenced within 2 years after the day on which evidence of the alleged offence first came to the attention of the Commissioner, but not afterwards.

(9)  Section 108(1) is amended by adding the following after clause (p):

                                (p.1)    respecting the duty to give notice and the giving of notice under section 60.1, including, without limitation, regulations

                                           (i)    respecting which custodian is obligated to give notice with respect to individually identifying health information that is or was in the custody or control of more than one custodian,

                                          (ii)    prescribing the factors that must be considered for the purposes of section 60.1(4),

                                         (iii)    respecting the form and contents of notices under section 60.1(1), (2) and (5);

(10)  This section comes into force on Proclamation.

Related Amendments
to Regulations

Related amendments to regulations

16(1)  The Lieutenant Governor in Council may make regulations for the purpose of amending terminology, definitions or references in regulations for purposes of gender neutrality in respect of a spousal or family relationship or for consistency with the law governing spousal relationships.

(2)  An amendment under subsection (1) may be made notwithstanding that the regulation being amended was made by a member of the Executive Council or some other person or body.