Bill 58 - An Act Respecting the Education Act and the Personal Health Information Privacy and Access Act

BILL 58

An Act Respecting the Education Act and 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:

Education Act

1( 1) Section 1 of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended by adding the following definition in alphabetical order:

“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act; (renseignements personnels)

1( 2) Section 40.1 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

40.1( 2) A District Education Council, through the superintendent of the school district, shall provide to the Minister, at the times and in the format determined by the Minister, the information, including personal information, that the Minister considers necessary.

(b) by adding after subsection (3) the following:

40.1( 4) The Minister may use and disclose personal information obtained under this section for the purpose of delivering public education.

1( 3) Section 47.1 of the Act is amended by adding after subsection (5) the following:

47.1( 6) A District Education Council, through the superintendent of the school district, and the Minister may collect, use and disclose the personal information of school personnel employed in accordance with this section for the purpose of managing or administering the school personnel.

1( 4) Section 54 of the Act is amended

(a) by repealing subsection (0.1) and substituting the following:

54( 0.1) A record shall be maintained in respect of each pupil and may contain personal information.

(b) by adding after subsection (0.1) the following:

54( 0.2) The superintendent concerned may use and disclose personal information contained in the record maintained in respect of a pupil for the purpose of delivering public education.

Personal Health Information Privacy and Access Act

2( 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

(a) by repealing the definition “agent” and substituting the following:

“agent”, in relation to a custodian, means an information manager or an individual or organization that acts for or on behalf of the custodian in respect of personal health information for the purposes of the custodian and not for the agent’s own purposes, whether or not the information manager, individual or organization is remunerated by the custodian, but does not include an employee of the custodian. (mandataire)

(b) in the definition “custodian”

( i) in paragraph (b) by striking out “providers” and substituting “providers who are not agents or employees of a custodian”;

( ii) by repealing paragraph (e);

( iii) by repealing paragraph (g);

“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)

2( 2) Section 3 of the Act is amended

(a) by repealing paragraph (1)(a) and substituting the following:

(a) to personal health information that is collected, used or disclosed by a custodian or an agent or that is in the custody or control of a custodian or an agent, and

(b) by repealing paragraph (2)(b) and substituting the following:

(b) an individual’s personal health information if 50 years have passed since the death of the individual,

2( 3) Section 10 of the Act is amended

(a) in subsection (1) by striking out “days” and substituting “business days”;

(b) in subsection (2) by striking out “the 30-day period” and substituting “30 business days”;

(d) in subsection (7) by striking out “days” and substituting “business days”.

2( 4) Section 11 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “days” and substituting “business days”;

(b) in paragraph (2)(b) by striking out “days” and substituting “business days”.

2( 5) Section 15 of the Act is amended

(a) in subsection (3) in the portion preceding paragraph (a) by striking out “days” and substituting “business days”;

(b) in subsection (4) by striking out “days” and substituting “business days”.

2( 6) Subsection 19(2) of the Act is amended

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

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

(c) the individual grants the custodian permission, the contents of which may be prescribed by regulation, to collect, use or disclose the information, and

(d) if the permission referred to in paragraph (c) is in oral form, the custodian makes a record of the individual’s consent.

2( 7) Subsection 25(2) of the Act is amended

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

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

(c) is not prohibited by a court order or separation agreement from having access to the individual who is incapable of consenting.

2( 8) Section 27 of the Act is amended by adding after subsection (2) the following:

27( 2.01) Despite paragraph (1)(a), a District Education Council, through the superintendent of the school district, may collect personal health information relating to an individual without that individual’s consent if the collection is for the purpose of delivering public education under the Education Act.

2( 9) Section 28 of the Act is amended by adding after paragraph (l) the following:

(l.1) the custodian is the Minister of Education and Early Childhood Development and is collecting personal health information from a District Education Council, through the superintendent of the school district, for the purpose of

( i) delivering public education, or

( ii) managing or administering school personnel employed in accordance with section 47.1 of the Education Act,

2( 10) Subsection 34(1) of the Act is amended

(a) in paragraph (i) by striking out “name and contact information of the individual” and substituting “name, contact information and registration information of the individual”;

(b) in paragraph q) of the French version by striking out “permettent” and substituting “ne permettent pas”.

2( 11) Section 37 of the Act is amended

(a) in subsection (4)

( i) by repealing the portion preceding paragraph (a) and substituting the following:

37( 4) A custodian that is a regional health authority may disclose personal health information relating to an individual who is a patient of the regional health authority to a person that the regional health authority reasonably believes is a member of the individual’s immediate family, a relative or a person with whom the individual has a close personal relationship if

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

(a) the regional health authority offers the individual the option, at the first reasonable opportunity after admission to the regional health authority, to object to that disclosure and the individual does not do so, and

(b) by adding after subsection (5) the following:

37( 5.1) A custodian may disclose personal health information relating to an individual without the consent of the individual

(a) to the chief medical officer of health or other medical officers of health if the disclosure is required by another Act of the Legislature or the Parliament of Canada, or

(b) to a public health authority established under an Act of the Parliament of Canada, an Act of another province or territory or an Act of another jurisdiction if the disclosure is made for a public health purpose.

( i) in subparagraph (c)(iii) of the English version by adding “and” at the end of the subparagraph;

( ii) in paragraph (d) by striking out the comma at the end of the paragraph and substituting a period;

( iii) by repealing paragraph (e);

( iv) by repealing paragraph (f).

2( 12) Subsection 38(1) of the Act is amended by adding after paragraph (f) the following:

(f.1) to an agent in accordance with this Act,

(f.2) necessary for delivering public education under the Education Act,

(f.3) necessary for managing or administering school personnel employed in accordance with section 47.1 of the Education Act,

2( 13) Section 40 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

40( 1) A custodian shall disclose personal health information without the consent of the individual to whom the information relates to a body with statutory responsibility for the discipline of health care providers or for regulating the quality or standards of professional services provided by health care providers, including for the purpose of an investigation by that body.

(b) in subsection (2)

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

(a.1) for the purpose of complying with a summons, subpoena, warrant, order or similar requirement issued by a court, person or entity with jurisdiction to compel the production of personal health information or for the purpose of complying with the Rules of Court concerning the production of personal health information in a proceeding,

( ii) by adding after paragraph (b) the following:

(b.1) to a quality of care and safety of patients committee referred to in the Health Quality and Patient Safety Act for the purposes of conducting quality reviews of patient safety incidents and other incidents, improving the quality of health care and the safety of patients and preventing the occurrence of similar incidents,

2( 14) Subsection 41(1) of the Act is amended by striking out “custodian shall” and substituting “custodian may”.

2( 15) Section 42 of the Act is amended by striking out “custodian shall” and substituting “custodian may”.

2( 16) The heading “Disclosure outside the Province” preceding section 47 of the Act is repealed.

2( 17) Section 47 of the Act is repealed.

2( 18) Section 48 of the Act is amended by adding after subsection (1.1) the following:

48( 1.2) Despite subsection (1), a public body may collect and use an individual’s Medicare number for a purpose prescribed by regulation.

2( 19) Paragraph 56(1)(a) of the Act is amended by striking out “change” and substituting “material change”.

2( 20) Subsection 79(1) of the Act is amended by adding after paragraph (v) the following:

(v.1) prescribing for the purposes of subsection 48(1.2) the purposes for which a public body may collect or use an individual’s Medicare number;

CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Archives Act

3 Section 10 of the Archives Act, chapter A-11.1 of the Acts of New Brunswick, 1977, is amended

(a) by adding after subsection (4) the following:

10( 4.1) Despite paragraph (4)(a), if the public records referred to in paragraph (3)(b) would reveal personal health information, as defined in the Personal Health Information Privacy and Access Act, concerning another person, the records are available for public inspection after 50 years following the date of death of the person to whom the personal health information relates.

(b) in subsection (5) by striking out “paragraph (4)(a)” and substituting “paragraph (4)(a) or a date of death referred to in subsection (4.1)”.

Regulation under the Personal Health Information Privacy and Access Act

4( 1) The heading “Disclosure outside the Province” preceding section 18 of New Brunswick Regulation 2010-112 under the Personal Health Information Privacy and Access Act is repealed.

4( 2) Section 18 of the Regulation is repealed.

Commencement

5 Subparagraph 2(13)(b)(ii) of this Act comes into force on a day to be fixed by proclamation.