BILL 11

An Act to Amend the Personal Health Information Privacy and Access Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The heading “Application of the Official Languages Act” preceding section 9 of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is repealed and the following is substituted:

Official languages

2 Section 9 of the Act is repealed and the following is substituted:

9( 1) If an individual makes a request under section 7 and the individual’s record containing personal health information is not available in his or her official language of choice, a custodian to whom the Official Languages Act applies shall provide the individual with access to a physician or other health care provider to assist the individual in interpreting the record.

9( 2) If a custodian to whom the Official Languages Act applies considers it appropriate, the custodian may translate or cause to be translated the relevant provisions of an individual’s record containing personal health information for the purpose of a unilingual physician treating the individual if the record is in an official language the physician cannot understand.

3 Section 28 of the Act is amended

(a)  in paragraph (l) of the English version by striking out “or” at the end of the paragraph;

(b)  in paragraph (m) by striking out the period at the end of the paragraph and substituting “, or”;

(c)  by adding after paragraph (m) the following:

(n)  the custodian is the Minister and is collecting personal health information from another custodian to use the personal health information, including the use to perform data matching, for the purpose of research conducted under section 43 or conducted by a research data centre.

4 Subsection 38(1) of the Act is amended by adding after paragraph (h) the following:

(h.1)  if the custodian is the Workplace Health, Safety and Compensation Commission, to the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act,

5 Section 48 of the Act is amended by adding after subsection (1) the following:

48( 1.1) Despite subsection (1), the Minister may collect and use an individual’s Medicare number, including the use to perform data matching, for the purpose of research conducted under section 43 or conducted by a research data centre.