BILL NO. 10

(as introduced)

3rd Session, 63rd General Assembly
Nova Scotia
70 Elizabeth II, 2021

 

Private Member's Bill

 

Personal Health Information Act
(amended)

 

Karla MacFarlane
Pictou West

First Reading: March 11, 2021

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 requires researchers to notify the custodian of personal health information under the Personal Health Information Act and the Review Officer if information is compromised.

Clause 2 requires the Review Officer to be notified, in addition to the individual, if an individual's personal health information is compromised and there is potential for harm or embarrassment to the individual.

Clause 3 allows the Review Officer to require any person to produce any relevant record.

Clause 4 establishes a limitation period of two years for offences under the Act.

An Act to Amend Chapter 41
of the Acts of 2010,
the Personal Health Information Act

Be it enacted by the Governor and Assembly as follows:

1 Section 60 of Chapter 41 of the Acts of 2010, the Personal Health Information Act, is amended by adding immediately after subsection (2) the following subsection:

(3) A researcher shall notify the custodian and the Review Officer at the first reasonable opportunity if personal health information disclosed by the custodian to the researcher is stolen, lost or accessed by unauthorized persons.

2 Section 69 of Chapter 41 is amended by adding "and the Review Officer" immediately after "individual" the second time it appears in the third line.

3 Subsection 92(3) of Chapter 41 is amended by adding immediately after clause (b) the following clause:

(ba) require any person to produce any relevant record, whether or not the record is subject to the provisions of this Act;

4 Chapter 41 is further amended by adding immediately after Section 107 the following Section:

107A A prosecution for an offence under this Act may not be commenced more than two years after the date on which the offence was committed.

 

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