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Summary of Amendments to the Personal Health Information Protection Act (PHIPA)

May 14, 2020

On March 25, 2020, amendments were made to the Personal Health Information Protection Act (PHIPA) and affect the way that midwives collect, use, and disclose the personal health information of their clients.

The main amendments that are currently in force and affect midwives are as follows:  

  • A client’s right to access their record of personal health information now includes the right to access their record in electronic format
  • A midwife may collect, use, or disclose a client’s personal health number with the consent of the client for the purpose of accurately identifying the person’s records of personal health information, verifying their identity or linking their records of personal health information
  • Personal health information can be disclosed to the Minister of Health or other prescribed ministers upon their request for the purpose of determining, providing, monitoring or verifying payment or funding for health care funded wholly or in part by the Ministry
  • Fines for breaches under PHIPA have increased. A midwife may be liable for a fine of up to $200,000 and a midwifery corporation may be liable for a fine of up to $1,000,000.
  • The Commissioner may make an order requiring a midwife to pay an administrative penalty if after conducting a review, the Commissioner is of the view that the midwife has contravened the Act or its regulations