BILL 57

An Act Respecting Research

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

Personal Health Information Privacy and Access Act

1( 1) Section 1 of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended by repealing the definition “research data centre” and substituting the following:

“research data centre” means a public body that compiles and links personal information or personal health information for the purposes of research, analysis or evidence-based decision-making. (centre de données de recherche)

1( 2) The Act is amended by adding after section 24 the following:

Challenging capacity to consent by a psychiatrist

24.1( 1) Despite section 24, an attending psychiatrist who is of the opinion that an involuntary patient under the Mental Health Act who has reached the age of 16 years is not mentally competent to consent or to refuse to consent to the collection, use or disclosure of his or her personal health information may challenge the capacity of the involuntary patient to consent or to refuse to consent, in which case subsections 8.5(1) and (3) to (7) of the Mental Health Act apply with the necessary modifications.

24.1( 2) Despite section 24, an attending psychiatrist who is of the opinion that a substitute decision-maker of an involuntary patient referred to in subsection (1) is not mentally competent to consent or to refuse to consent to the collection, use or disclosure of the personal health information of the involuntary patient may challenge the capacity of the substitute decision-maker to consent or to refuse to consent, in which case subsections 8.5(1) and (3) to (7) of the Mental Health Act apply with the necessary modifications.

24.1( 3) If an application for an inquiry is filed with the chairman of the review board under subsection 8.5(5) of the Mental Health Act with respect to the mental competence of a person to consent to the disclosure of his or her personal health information, the disclosure of the personal health information of that person may not be made until the matter is finally determined.

1( 3) The Act is amended by adding after section 25 the following:

Substitute consent under the Mental Health Act

25.1 Despite section 25, with respect to an involuntary patient who has not reached the age of 16 years, or who has reached the age of 16 years but is not mentally competent to give or refuse to give consent, the substitute decision-maker of the person is determined in accordance with section 8.6 of the Mental Health Act, with the necessary modifications.

1( 4) Section 28 of the Act is amended

(a)  by repealing paragraph (e) and substituting the following:

(e)  the custodian collects the information for the purpose of a research project that has been approved by a research review body under section 43,

(b)  by repealing paragraph (n) and substituting the following:

(n)  the custodian is the Minister, a research data centre or a researcher and is collecting the information from another custodian for the purpose of a research project that has been approved in accordance with an agreement referred to in paragraph 43.1(a).

1( 5) Subsection 34(1) of the Act is amended by adding after paragraph (m) the following:

(m.1)  for a research project approved in accordance with an agreement referred to in paragraph 43.1(a);

(m.2)  if the custodian is the Minister or a researcher, to perform data matching for the purpose of a research project approved by a research review body under section 43;

(m.3)  if the custodian is the Minister or a research data centre, to perform data matching for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a);

1( 6) Subsection 38(1) of the Act is amended

(a)  by adding after paragraph (g) the following:

(g.1)  to the Canadian Institute for Health Information, the New Brunswick Health Council or another entity prescribed by regulation for the purpose of compiling and analyzing statistical information to assist in the management, evaluation and monitoring of the allocation of resources, health system planning and delivery of health care services in accordance with the terms of an agreement between the Province and the Canadian Institute for Health Information, the New Brunswick Health Council or the other entity, as the case may be,

(g.2)  to the Minister and the Minister uses the personal health information to perform data matching for the purpose of a research project approved

( i) by a research review body under section 43, or

( ii) in accordance with an agreement referred to in paragraph 43.1(a),

(g.3)  to a researcher for the purpose of a research project approved by a research review body under section 43,

(b)  by repealing paragraph (h) and substituting the following:

(h)  to a research data centre for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),

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

(h.01)  if the custodian is a research data centre, to a researcher for the purpose of a research project approved in accordance with an agreement referred to in paragraph 43.1(a),

(d)  by adding after paragraph (h.1) the following:

(h.2)  to a psychiatric patient advocate service or a psychiatric patient advocate in carrying out its or his or her powers or duties under the Mental Health Act,

(h.3)  to a tribunal or a review board as those terms are defined in the Mental Health Act for the purpose of an inquiry or hearing,

(h.4)  to the Public Trustee in carrying out his or her powers or duties under the Mental Health Act,

1( 7) The Act is amended by adding after section 43 the following:

Disclosure to a research data centre

43.1 A custodian may disclose personal health information to a research data centre if the research data centre has entered into

(a)  a written agreement with the Province with respect to its establishment as a research data centre and the approval of research projects, and

(b)  a written agreement with the custodian with respect to the sharing of personal health information that meets the requirements of section 50.

1( 8) Subsection 48(1.1) of the Act is repealed and the following is substituted:

48( 1.1) Despite subsection (1), a public body may collect and use an individual’s Medicare number, including the use to perform data matching, for the purpose of a research project approved

(a)  by a research review body under section 43, or

(b)  in accordance with an agreement referred to in paragraph 43.1(a).

1( 9) Section 79 of the Act is amended by adding after paragraph (r) the following:

(r.1)  prescribing an entity for the purposes of paragraph 38(1)(g.1),

Right to Information and Protection of Privacy Act

2( 1) Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended by adding the following definition in alphabetical order:

“research data centre” means a research data centre as defined under the Personal Health Information Privacy and Access Act. (centre de données de recherche)

2( 2) The Act is amended by adding after section 37 the following:

Collection of personal information by the Minister of Health or a research data centre

37.1 Despite section 37, personal information may be collected by or for the Minister of Health or a research data centre in accordance with the agreement referred to in paragraph 47.1(b).

2( 3) Section 44 of the Act is amended by adding after paragraph (a) the following:

(a.1)  for the purpose for which the information was collected or compiled under section 37.1 or for a use consistent with that purpose,

2( 4) Section 46 of the Act is amended

(a)  in subsection (1) by adding after paragraph (b) the following:

(b.1)  subject to subsection (1.1), to the Minister of Health or a research data centre for the purpose of research conducted by the research data centre or by a researcher authorized by the research data centre,

(b)  by adding after subsection (1) the following:

46( 1.1) A public body that intends to disclose personal information to a research data centre may disclose the personal information only if the research data centre has entered into the agreements referred to in section 47.1.

2( 5) The Act is amended by adding after section 47 the following:

Collection, use and disclosure of personal information by a research data centre

47.1( 1) If a research data centre intends to collect, use or disclose personal information under this Act, the research data centre shall have entered into

(a)  a written agreement with the Province with respect to its establishment as a research data centre and the approval of research projects, and

(b)  a written agreement with the public body against risks, including unauthorized access, use, disclosure or disposal and providing for the secure disposal of the information, with respect to the sharing of personal information in the custody or under the control of the public body.

47.1( 2) The Minister of Health and a research data centre may perform data matching for the purpose of research referred to in paragraph 46(1)(b.1) using personal information disclosed to the Minister of Health or the research data centre, as the case may be, under that paragraph.

Ambulance Services Act

3( 1) Section 23 of the Ambulance Services Act, chapter A-7.3 of the Acts of New Brunswick, 1990, is repealed.

3( 2) Section 24 of the Act is repealed.

New Brunswick Regulation 92-84 under the Hospital Act

4( 1) Section 21 of New Brunswick Regulation 92-84 under the Hospital Act is repealed.

4( 2) Section 22 of the Regulation is repealed.

Medical Services Payment Act

5 Subsection 8(1) of the Medical Services Payment Act, chapter M-7 of the Revised Statutes, 1973, is amended by adding after paragraph (g.2) the following:

(g.3)  information may be disclosed for the purpose of a research project approved in accordance with the agreements referred to in section 47.1 of the Right to Information and Protection of Privacy Act,

Mental Health Act

6( 1) Section 8.5 of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended

(a)  in subsection (1) by striking out “17,”;

(b)  in subsection (2) by striking out “17,”.

6( 2) Subsection 8.6(1) of the Act is amended in the portion preceding paragraph (a) by striking out “17,”.

6( 3) Section 17 of the Act is repealed.

New Brunswick Housing Act

7( 1) The New Brunswick Housing Act, chapter N-6 of the Revised Statutes, 1973, is amended by adding after section 2.1 the following:

Collection of information

2.2 The Minister may collect personal information that is disclosed to the Minister by the Corporation under paragraph 10(1)(l).

7( 2) Subsection 10(1) of the Act is amended

(a)  in paragraph (i) by striking out “and” at the end of the paragraph;

(b)  in paragraph (j) by striking out the period at the end of the paragraph and substituting a semicolon;

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

(k)  collect personal information as defined in the Right to Information and Protection of Privacy Act for the purposes of providing financial or other assistance under this Act; and

(l)  disclose to the Minister the personal information collected under paragraph (k).

Public Health Act

8 Subsection 66(2) of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended

(a)  by repealing paragraph (b) and substituting the following:

(b)  required or permitted by law,

(b)  by repealing paragraph (g).

Regional Health Authorities Act

9( 1) The heading “Confidentiality of information” preceding section 64 of the Regional Health Authorities Act, chapter 217 of the Revised Statutes, 2011, is repealed.

9( 2) Section 64 of the Act is repealed.

9( 3) Paragraph 71(1)(r) of the Act is amended by striking out “and the confidentiality and disclosure of records”.

New Brunswick Regulation 2002-27 under the Regional Health Authorities Act

10( 1) The heading “Release of information” preceding section 24 of New Brunswick Regulation 2002-27 under the Regional Health Authorities Act is repealed.

10( 2) Section 24 of the Regulation is repealed.

CONSEQUENTIAL AMENDMENTS
AND COMMENCEMENT

Child and Youth Advocate Act

11 Paragraph 22(4)(e) of the Child and Youth Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is repealed and the following is substituted:

(e)  information protected from disclosure by section 16.1 of the Mental Health Act;

Ombudsman Act

12 Paragraph 19.2(3)(e) of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is repealed and the following is substituted:

(e)  information protected from disclosure by section 16.1 of the Mental Health Act;

Commencement

13 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.