BILL NO. 97
2nd Session, 62nd General Assembly
64 Elizabeth II, 2015
Quality-improvement Information Protection ActCHAPTER 8 OF THE ACTS OF 2015
The Honourable Leo A. Glavine
Minister of Health and Wellness
First Reading: April 21, 2015 (LINK TO BILL AS INTRODUCED)
Second Reading: April 24, 2015
Third Reading: April 30, 2015
Royal Assent: May 11, 2015
Be it enacted by the Governor and Assembly as follows:
(ii) where it is reasonably foreseeable in the circumstances, could be utilized either alone or with other information, to identify an individual, a health authority, a site or an entity described in subclause (i);
(d) "legal proceeding" means any civil proceeding, inquiry, proceeding before any tribunal, board, commission, disciplinary committee of a health authority or a regulated health-profession body or arbitration, in which evidence is or may be given, and includes an action or proceeding for the imposition of punishment by fine, penalty or imprisonment for the violation of an enactment;
(g) "personal information" means personal information as defined in the Freedom of Information and Protection of Privacy Act, and includes any information related to an individual's role within the Department of Health and Wellness, a health authority or an entity referred to in clause 3(1)(c);
(ii) implemented for the purpose of assessing, investigating, evaluating or making recommendations respecting the provision of health services by a health authority, the Minister or an entity referred to in clause 3(1)(c),
(j) "quality-improvement information" means information in any form that is communicated for the purpose of, or created in the course of, carrying out a quality-improvement activity, but does not include
(iii) information disclosed to a person, or in the event of the person's incapacity, to the person's substitute decision-maker, regarding any quality-related event in which the person is directly affected,
(k) "witness" includes every person who, in the course of a legal proceeding, is examined for discovery, is cross-examined upon an affidavit made by that person, answers any interrogatories, makes an affidavit as to documents or is called upon to answer any question or produce any document, whether under oath or not.
(3) A health authority or an entity referred to in clause (1)(c) may delegate to any officer, employee or member of the medical staff of the health authority or of the entity, as the case may be, the authority to establish or designate a quality-improvement committee.
4 The Minister may direct a quality-improvement committee to provide to the Minister such quality-improvement information that does not include personal health information or personal information and recommendations that do not include personal health information or personal information, as the Minister directs, in any form the Minister directs, for the purposes only of planning and managing the health system or conducting Province-wide quality-improvement activities.
(2) Notwithstanding any enactment, including the Personal Health Information Act, a person may disclose any information, including personal information and personal health information, to a quality-improvement committee for the purpose of a quality-improvement activity.
(3) Notwithstanding the Personal Health Information Act, no person may disclose or access quality-improvement information except as permitted under this Act, regardless of whether it includes the personal health information of the individual.
6 The Minister, a health authority or an entity referred to in clause 3(1)(c) may disclose aggregated de-identified information and any resulting health-services system recommendations that do not include personal health information or personal information.
(b) recommendations, that do not include personal health information or personal information, that result from the quality-improvement activities of a health authority, the Minister or an entity referred to in clause 3(1)(c),
within a quality and patient-safety oversight structure if such disclosure is made for the purpose of improving the quality of health services and patient safety or implementing such recommendations or both.
(2) Where a corporation contravenes this Act or the regulations, a director, officer or agent of the corporation who authorized, permitted or acquiesced in the contravention is also guilty of an offence and liable on summary conviction to the penalties set out in clause (1)(a), whether or not the corporation has been prosecuted or convicted.
11 No action or other proceeding lies, and an action or other proceeding must not be instituted, against a person who in good faith discloses information to a quality-improvement committee at the request of the committee or for the purpose of assisting the committee to carry out its function.
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