Miscellaneous Provisions under PHIPA

In today’s article we will conclude the provisions of PHIPA and will discuss some miscellaneous provisions provided under Part VII of PHIPA. 

A) Provisions for non-Retaliation  

This provisions of PHIPA says that no one shall suspend, demote, discipline harass or otherwise disadvantage a person by reason that the person acting in good faith and on the basis of reasonable belief has-

  1. Disclosed to the Commissioner that any person has contravened or about to contravene a provisions of PHIPA or its regulation;
  2. Done or stated an intention of doing anything which is required to be done in order avoid having any person contravene a provisions of PHIPA or its regulations;
  3. Refused to do or stated an intention of refusing to do anything that is in contravention of provisions of PHIPA or its regulations.  

B) Production Order 

On application without notice by a provincial offences officer, a justice may issue a production order to a person, other than a person under investigation for an offence, requiring a person to-

  1. Produce documents or copies of documents, certified by affidavit to be true copies or produce data; or
  2. Prepare a document based on documents or data already in existence and produce it.

A production order must stipulate when, where and how the documents or data are to be produced, and to whom they are to be produced. The order may contain any conditions the justice considers advisable. 

A copy of a document or data produced under this section, on proof by affidavit that it is true copy, is admissible in evidence in proceedings under this act and has the same probative force as the original document or data would have if it had been proved in the ordinary way. 

C) Offences under PHIPA     

A person is guilty of an offence if the person –

  1. Wilfully collects, uses or discloses personal health information in contravention of PHIPA;
  2. Makes request under PHIPA, in false pretences to gain access to or correction of a record of personal health information; 
  3. Wilfully disposes of the records, obstructs the commissioner, makes false statement to mislead;
  4. Fails to comply with an order made by the Commissioner;

D) Penalty

A person who is guilty under section 72 (2), upon conviction is liable-

  1. If the person is a natural person, to a fine of not more than $200,000 or to a term of imprisonment of not more than 1 year or to both   
  2. If the person is not natural person, to a fine of not more than $100,000 
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