Bill C-311

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First Reading

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	PURPOSE OF ACT
Purpose	3. The purpose of this Act is to provide Canadians with a right of privacy with respect to their health information at all times when it is collected, stored, used, accessed or disclosed and to provide sufficient protection of that privacy, by means that may have to be reviewed from time to time, recognizing that changes in technology increasingly facilitate the collection, linkage and use of health information for purposes other than the direct provision of a therapeutic benefit to an individual patient.
	APPLICATION
Application	4. (1) This Act applies to
	(a) any person that collects, uses, accesses or discloses health information in connection with the operation of a federal work, undertaking or business or any matter of public administration within the jurisdiction of Parliament; and
	(b) any person that collects, uses, accesses or discloses health information interprovincially or internationally.
Crown bound	(2) This Act binds the Crown.
Exception	(3) This Act does not apply to an individual in respect of health information related to the individual's spouse or dependent children that the individual collects or uses for personal or domestic purposes.
	PROTECTION OF PATIENTS' RIGHT OF PRIVACY AND CONFIDENTIALITY OF HEALTH INFORMATION
Compliance with obligations	5. Every person and organization to whom this Act applies shall comply with the obligations set out in Schedule.
Complaints	6. (1) Any individual may file with the Commissioner a written complaint against a person, including, for greater certainty, Her Majesty in right of Canada, if the individual has reason to believe the person has contravened a provision of this Act or the Schedule.
Notice	(2) The Commissioner shall give notice of a complaint to the person against whom the complaint was made.
Preliminary inquiry	(3) If, after making preliminary inquiries in respect of a complaint, the Commissioner concludes that no contravention of this Act or the Schedule has occurred, the Commissioner shall so advise the complainant and the person against whom the complaint was made, in writing, giving reasons for the conclusion.
	INQUIRY
Commissioner conducts inquiry	7. If the Commissioner receives a complaint under subsection 6(1) and does not reach a conclusion under subsection 6(3), or if the Commissioner has reasonable grounds to believe that a person is contravening a provision of this Act or the Schedule, the Commissioner may conduct an inquiry into the health information management practices of the person.
Powers of Commissioner	8. In carrying out an inquiry under section 7, the Commissioner has the same powers, responsibilities and protection as when carrying out an investigation under the Privacy Act, with the necessary modifications.
Testimony	9. No person shall be excused from complying with an order of the Commissioner to provide on the ground that the testimony, record or other thing or return required of the person may tend to incriminate them or subject them to any proceeding or penalty under this Act or any other Act, but no testimony given to the Commissioner by an individual shall be used or received against that individual, other than for a prosecution under section 131 (perjury) or section 136 (witness giving contradictory evidence) of the Criminal Code.
Report by Commissioner	10. After an inquiry, the Commissioner shall provide the individual who made the complaint and the person against whom the complaint was made, a report of
	(a) the Commissioner's findings and recommendations; and
	(b) if appropriate, a request that the person give the Commissioner, within a specified time, notice of any action taken or proposed to be taken to implement any recommendations contained in the report or reasons why no such action has been or will be taken.
	COURT HEARING
Application	11. (1) The Commissioner may apply to the Court for a hearing in respect of any matter in respect of the inquiry or the report made under section 10.
Time of application	(2) The application must be made within forty-five days after the report is sent or within any further time that the Court may, either before or after the expiry of those forty-five days, allow.
Summary procedure	12. An application made under section 11 shall be heard and determined without delay and in a summary way unless the Court considers it inappropriate to do so.
Remedies	13. The Court may, in addition to any other remedies it may give,
	(a) order the person or any other person to correct its practices in order to comply with the Schedule; or
	(b) order the person or any other person to publish a notice of any action taken or proposed to be taken to correct its practices, whether or not ordered to correct them under paragraph (a).
	GENERAL
Confidentialit y	14. (1) Subject to subsections (2) to (5), the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge as a result of the performance or exercise of any of the Commissioner's duties or powers under this Act.
Public interest	(2) The Commissioner may make public any information relating to the health information management practices of an organization if the Commissioner considers it is in the public interest to do so.
Disclosure of necessary information	(3) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information that in the Commissioner's opinion is necessary to
	(a) conduct an inquiry under this Act; or
	(b) establish the grounds for findings and recommendations contained in the Commissioner's report.
Disclosure in the course of proceedings	(4) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information in the course of
	(a) a prosecution for an offence under this Act;
	(b) a prosecution for an offence under section 131 (perjury) or section 136 (witness giving contradictory evidence) of the Criminal Code in respect of a statement made in connection with proceedings under this Act;
	(c) a hearing before the Court pursuant to section 11; or
	(d) an appeal from a decision of the Court.
Disclosure of offence authorized	(5) The Commissioner may disclose to the Attorney General of Canada or of a province, as the case may be, information relating to the commission of an offence against any law of Canada or a province on the part of a person or an officer or employee of a person if, in the Commissioner's opinion, there is evidence of an offence.
Not competent witness	15. The Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent witness in respect of any matter that comes to their knowledge as a result of the performance or exercise of any of the Commissioner's duties or powers under this Act in any proceeding other than
	(a) a prosecution for an offence under this Act;
	(b) a prosecution for an offence under section 131 (perjury) or section 136 (witness giving contradictory evidence) of the Criminal Code in respect of a statement made in connection with proceedings under this Act;
	(c) a hearing before the Court; or
	(d) an appeal from a decision of the Court.
Protection of Commissioner	16. (1) The Commissioner or any person acting on behalf or under the direction of the Commissioner is not liable for anything done, reported or said in good faith as a result of the performance or exercise or purported performance or exercise of any duty or power of the Commissioner under this Act.
Libel or slander	(2) For the purposes of any law relating to libel or slander,
	(a) anything said, any information supplied or any record or thing produced in good faith in the course of an investigation or audit carried out by or on behalf of the Commissioner under this Act is privileged; and
	(b) any report made in good faith by the Commissioner under this Act and any fair and accurate account of the report made in good faith for the purposes of news reporting is privileged.
	CONSULTATION, AGREEMENTS AND PROMOTION
Consultation with provinces	17. (1) If the Commissioner considers it appropriate to do so, or on the request of an interested person, the Commissioner may, in order to ensure that health information is protected in as consistent a manner as possible, and consult with any officer who, under provincial legislation that is substantially similar to this Act, has powers and duties similar to those of the Commissioner.
Agreements	(2) The Commissioner may enter into agreements with any person with whom the Commissioner may consult under subsection (1)
	(a) to coordinate the activities of their offices and the office of the Commissioner, including to provide for mechanisms for the handling of any complaint in which they may be mutually interested;
	(b) to undertake and publish research related to the protection of health information; and
	(c) to develop model contracts or procedures for the protection of health information that is collected, used or disclosed interprovincially or internationally.
Promoting the purposes of this Act	18. The Commissioner shall
	(a) develop and conduct information programs to foster public understanding and recognition of the purposes of this Act;
	(b) undertake and publish research that is related to the protection of health information;
	(c) promote the development of detailed policies and practices, including organizational codes of practice, to comply with the Schedule; and
	(d) promote, by any means that the Commissioner considers appropriate, the purposes of this Act.
	OFFENCES AND PENALTIES
Failure to comply with order	19. (1) Every one who fails to comply with an order made under section 13 is guilty of
	(a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000; or
	(b) an indictable offence and liable to a fine not exceeding $500,000.
Obstruction	(2) Every one who obstructs the Commissioner or a person appointed by the Commissioner to carry out a function related to this Act or an inquiry under this Act is guilty of
	(a) an offence punishable on summary conviction and liable to a fine not exceeding $10,000; or
	(b) an indictable offence and liable to a fine not exceeding $100,000.
Improper use	(3) Every one who collects, uses, discloses or accesses health information for a secondary purpose and who fails to comply with the provisions of section 1.6 of the Schedule is guilty of
	(a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000; or
	(b) an indictable offence and liable to a fine not exceeding $500,000.