19 (1) The Attorney General may collect personal information for any of the following purposes: 1. To determine whether a proceeding should be commenced under this Act. 2. To conduct a proceeding under this Act. 3. To identify and locate persons who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, in order to compensate such persons under paragraph 1 of subsection 6 (3), paragraph 1 of subsection 11 (3) or paragraph 1 of subsection 11.4 (4). 4. To assist the Director of Asset Management – Civil in performing his or her duties and exercising his or her powers under Part IV.1 in respect of any property that is or may be the subject of a proceeding under this Act. 5. To enforce or comply with an order made under this Act.  2001, c. 28, s. 19 (1); 2005, c. 33, s. 28 (1); 2007, c. 13, s. 39 (1). Agreements with other jurisdictions (1.1) The Director of Asset Management – Civil may, subject to the regulations made under this Act, enter into agreements for the collection, use or disclosure of information, including personal information or for the purpose of exchanging and sharing information, including personal information with the government of Canada, of another province or territory of Canada or of any jurisdiction outside of Canada, with an agency of any such government or with any public body in or outside Canada for any purpose listed in paragraphs 1 to 5 of subsection (1) or for a similar purpose under an Act of the other jurisdiction.  2007, c. 13, s. 39 (2). Information from Ministry of Transportation (1.2) The Attorney General may collect from the Ministry of Transportation information, including personal information, obtained by the Ministry of Transportation pursuant to any information sharing agreement between the Minister of Transportation and the government of any other jurisdiction, an agency of any such government or any public body in or outside Canada for a purpose set out in subsection (1).  2007, c. 13, s. 39 (2). Manner of collection (2) Personal information may be collected under subsection (1) directly from the individual to whom the information relates or in any other manner.  2001, c. 28, s. 19 (2). Disclosure to assist in administration or enforcement of the law (3) The Attorney General shall disclose information collected under subsection (1), (1.1) or (1.2) to a law enforcement agency or another person engaged in the administration or enforcement of the law if the Attorney General is of the opinion that the disclosure would assist in the administration or enforcement of the law, would be in the public interest and would not be contrary to the interests of justice.  2001, c. 28, s. 19 (3); 2007, c. 13, s. 39 (3). Obligation to disclose information to reviewing authority (4) Despite the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act and despite any confidentiality provision of any other Act, a person who has knowledge of personal information or other information that he or she believes would be useful for a purpose described in subsection (1), (1.1) or (1.2) shall disclose it to the reviewing authority prescribed by the regulations made under this Act if all of the following criteria are met: 1. The information is in the custody of or under the control of an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act
that is prescribed by the regulations made under this Act. 2. The person who has knowledge of the information belongs to a class of persons prescribed by the regulations made under this Act. 3. The person who has knowledge of the information acquired it in circumstances prescribed by the regulations made under this Act.  2001, c. 28, s. 19 (4); 2007, c. 13, s. 39 (4). Obligation to disclose information to Attorney General (5) If information is disclosed under subsection (4) to the reviewing authority prescribed by the regulations made under this Act and the reviewing authority is satisfied that the criteria prescribed by the regulations are met, the reviewing authority shall disclose it to the Attorney General.  2001, c. 28, s. 19 (5); 2020, c. 11, Sched. 3, s. 16 (1). Additional information disclosed directly to Attorney General (5.1) Despite the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act
and despite any confidentiality provision of any other Act, a person who disclosed information to a reviewing authority under subsection (4) that was subsequently disclosed to the Attorney General under subsection (5) shall, if requested by the Attorney General, disclose additional information directly to the Attorney General without disclosing it first to the reviewing authority if the person believes that, (a) the additional information is required for a purpose described in subsection (1), (1.1) or (1.2); (b) the additional information is required in respect of the same proceeding as the information provided under subsection (5); (c) the additional information is in the custody or under the control of the same institution as the information provided under subsection (5); (d) the fact that the person has such additional information is disclosed by the information provided under subsection (5); (e) the reviewing authority did not already make a determination under subsection (5) that the criteria prescribed by the regulations were not met in respect of the additional information; and (f) the information is not protected by evidentiary rules respecting informer privilege.  2005, c. 33, s. 28 (2); 2007, c. 13, s. 39 (5); 2020, c. 11, Sched. 3, s. 16 (2). Subsequent disclosure to reviewing authority (5.2) A person who discloses additional information to the Attorney General under subsection (5.1) shall, within 14 days after that disclosure, disclose the same information to the reviewing authority.  2005, c. 33, s. 28 (2). Exception (6) Subsection (4) does not require a person to disclose information if the person believes that the disclosure would unduly interfere with the administration or enforcement of any Act of Canada, Ontario, another province or territory of Canada or a jurisdiction outside of Canada.  2007, c. 13, s. 39 (6); 2020, c. 11, Sched. 3, s. 16 (3). Evidence in proceeding (7) Despite any confidentiality provision of any Act, a person who disclosed information to the reviewing authority under subsection (4) or to the Attorney General under subsection (5.1) may be required to give evidence related to that information in a proceeding under this Act.  2005, c. 33, s. 28 (3); 2020, c. 11, Sched. 3, s. 16 (4). Personal health information (8) A health information custodian shall not disclose personal health information to the reviewing authority under subsection (4) or (5.2) or to the Attorney General under subsection (5.1).  2005, c. 33, s. 28 (4); 2020, c. 11, Sched. 3, s. 16 (5). Same (8.1) A person, including a health information custodian but excluding a person described in subsection (4), shall not disclose personal health information to the Attorney General unless required to do so by, (a) an order made under subsection (9); or (b) in a proceeding, the rules of court or a summons, order or similar requirement issued in the proceeding.  2005, c. 33, s. 28 (4). Order for disclosure of personal health information (9) On application by the Attorney General, the Superior Court of Justice may order a person to disclose personal health information to the Attorney General for a purpose described in subsection (1), (1.1) or (1.2) if the court determines, after a hearing from which the public is excluded and that is held on notice to the individual to whom the information relates, that the disclosure is essential in the interests of justice.  2001, c. 28, s. 19 (9); 2007, c. 13, s. 39 (7). Other obligations to disclose (9.1) Nothing in this section alters a person’s obligation to disclose information to the Attorney General or the Director of Asset Management – Civil pursuant to the rules of court, a summons, a court order or a similar requirement issued in a proceeding.  2005, c. 33, s. 28 (5). Definitions (10) In this section, “health care”, “health information custodian”, “health number” and “personal health information” have the same meanings as in the Personal Health Information Protection Act, 2004; (“soins de santé”, “dépositaire de renseignements sur la santé”, “numéro de la carte Santé”, “renseignements personnels sur la santé”) “personal information” means personal information within the meaning of Part III of the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”) “personal support service” means assistance with or supervision of hygiene, washing, dressing, grooming, eating, drinking, elimination, ambulation, positioning or any other routine activity of living; (“service de soutien personnel”) “registration information” means information relating to an individual that is collected or created for the purpose of registration of the individual in connection with services or benefits that a provider of health care provides to the individual and includes, (a) the individual’s name, home address and home telephone number, gender, date of birth, date of death if applicable, residency status, family association and marital status, (b) the individual’s signature or electronic or photographic image, and (c) any identification number for the individual, other than a health number, but does not include information about the health status of the individual or health care provided to the individual. (“renseignements en matière d’inscription”)  2001, c. 28, s. 19 (10); 2005, c. 33, s. 28 (6). Section Amendments with date in force (d/m/y) 2005, c. 33, s. 28 (1-6)
- 15/12/2005 2007, c. 13, s. 39 (1)
- 20/02/2008; 2007, c. 13, s. 39 (2-7)
- 04/06/2007 2020, c. 11, Sched. 3, s. 16 (1-5) - 08/07/2020