NEWFOUNDLAND AND LABRADOR
REGULATION 45/15

Access to Information and Protection of Privacy Regulations
under the
Access to Information and Protection of Privacy Act, 2015
(O.C. 2015-137)

(Filed July 16, 2015)

Under the authority of section 116 of the Access to Information and Protection of Privacy Act, 2015, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, July 9, 2015.

Julia Mullaley
Clerk of the Executive Council

REGULATIONS

Analysis

        1.   Short title

        2.   Definitions

        3.   Non-application of regulations

        4.   Disclosure of health information

        5.   Repeal

Short title

        1. These regulations may be cited as the Access to Information and Protection of Privacy Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Access to Information and Protection of Privacy Act, 2015; and

             (b)  "health care provider" means a medical practitioner, psychologist, registered nurse, nurse practitioner or social worker.

Non-application of regulations

        3. Section 4 does not apply where

             (a)  the public body referred to in that section is a custodian within the meaning of the Personal Health Information Act; and

             (b)  the information referred to in that section is personal health information within the meaning of the Personal Health Information Act.

Disclosure of health information

        4. (1) For the purpose of section 37 of the Act, the head of a public body may disclose information relating to the mental or physical health of an applicant or other person to a health care provider for an opinion on whether disclosure of the information could reasonably be expected to result in grave and immediate harm to the safety or mental or physical health of the applicant or the other person.

             (2)  A health care provider to whom information is disclosed under subsection (1) shall not disclose or use the information except for the purpose of that subsection, and shall return any records disclosed to him or her to the head of the public body after giving an opinion.

             (3)  The head of a public body may require a health care provider to whom information is disclosed under subsection (1) to

             (a)  enter into a confidentiality agreement; or

             (b)  examine the record containing the information on the premises of the public body.

             (4)  The head of a public body may recommend that an applicant who makes a request for access to a record containing information relating to the applicant's mental or physical health should not examine the record until a health care provider or a member of the applicant's family is present to assist the applicant in understanding the information in the record.

Repeal

        5. The Access to Information Regulations, Newfoundland and Labrador Regulation 11/07, are repealed.

(Reprinted due to an error in the original)

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