3 (1) In this Act, “health information custodian”, subject to subsections (3) to (11), means a person or organization described in one of the following paragraphs who has custody or control of personal health information as a result of or in connection with performing the person’s or organization’s powers or duties or the work described in the paragraph, if any: 1.  A health care practitioner or a person who operates a group practice of health care practitioners. 2.  Repealed: 2020, c. 13, Sched. 3, s. 8 (3). 3.  A health service provider or person or entity that is part of an Ontario Health Team and that provides a home and community care service pursuant to funding under section 21 of the Connecting Care Act, 2019, including a person or entity from whom the provider or Team has purchased the home and community care service. Note: On the later of the day subsection 26 (3) of Schedule 6 to the Economic and Fiscal Update Act, 2020 comes into force and the day subsection 8 (4) of Schedule 3 to the Connecting People to Home and Community Care Act, 2020 comes into force, paragraph 3 of the definition of “health information custodian” in subsection 3 (1) of the Act is amended by adding “A health service provider or person or entity that is part of an Ontario Health Team is a health information custodian in connection with the provision of any home and community care service within the meaning of the Connecting Care Act, 2019, even where a particular home and community care service is not funded under that Act.” at the end. (See: 2020, c. 5, Sched. 6, s. 26 (3)) 4.  A person who operates one of the following facilities, programs or services: i.  A hospital within the meaning of the Public Hospitals Act, a private hospital within the meaning of the Private Hospitals Act, a psychiatric facility within the meaning of the Mental Health Act
or an integrated community health services centre within the meaning of the Integrated Community Health Services Centres Act, 2023. ii.  A long-term care home within the meaning of the Fixing Long-Term Care Act, 2021, a placement co-ordinator described in subsection 47 (1) of that Act, or a care home within the meaning of the Residential Tenancies Act, 2006. ii.1  a retirement home within the meaning of the Retirement Homes Act, 2010. iii.  A pharmacy within the meaning of the Drug and Pharmacies Regulation Act. iv.  A laboratory or a specimen collection centre as defined in section 5 of the Laboratory and Specimen Collection Centre Licensing Act. v.  An ambulance service within the meaning of the Ambulance Act. vi.  A home for special care within the meaning of the Homes for Special Care Act. vii.  A centre, program or service for community health or mental health whose primary purpose is the provision of health care. 5.  An evaluator within the meaning of the Health Care Consent Act, 1996 or an assessor within the meaning of the Substitute Decisions Act, 1992. 6.  A medical officer of health of a board of health within the meaning of the Health Protection and Promotion Act. 7.  The Minister, together with the Ministry of the Minister if the context so requires. 8.  Any other person prescribed as a health information custodian if the person has custody or control of personal health information as a result of or in connection with performing prescribed powers, duties or work or any prescribed class of such persons.  2004, c. 3, Sched. A, s. 3 (1); 2006, c. 17, s. 253; 2007, c. 8, s. 224 (2-4); 2007, c. 10, Sched. H, s. 1; 2009, c. 33, Sched. 18, s. 25 (1); 2010, c. 11, s. 128; 2016, c. 30, s. 43 (1); 2019, c. 15, Sched. 30, s. 2; 2020, c. 5, Sched. 6, s. 2; 2020, c. 13, Sched. 3, s. 8 (3, 4); 2021, c. 39, Sched. 2, s. 20; 2023, c. 4, Sched. 1, s. 75. (2) Repealed:  2009, c. 33, Sched. 18, s. 25 (2). Exceptions (3) Except as is prescribed, a person described in any of the following paragraphs is not a health information custodian in respect of personal health information that the person collects, uses or discloses while performing the person’s powers or duties or the work described in the paragraph, if any: 1.  A person described in paragraph 1, 3 or 5 of the definition of “health information custodian” in subsection (1) who is an agent of a health information custodian. 2.  A person who is authorized to act for or on behalf of a person that is not a health information custodian, if the scope of duties of the authorized person does not include the provision of health care. 3.  The Minister when acting on behalf 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 not a health information custodian.  2004, c. 3, Sched. A, s. 3 (3); 2020, c. 13, Sched. 3, s. 8 (5, 6). Other exceptions (4) A health information custodian does not include a person described in one of the following paragraphs who has custody or control of personal health information as a result of or in connection with performing the work described in the paragraph: 1.  An aboriginal healer who provides traditional healing services to aboriginal persons or members of an aboriginal community. 2.  An aboriginal midwife who provides traditional midwifery services to aboriginal persons or members of an aboriginal community. 3.  A person who treats another person solely by prayer or spiritual means in accordance with the tenets of the religion of the person giving the treatment.  2004, c. 3, Sched. A, s. 3 (4). Multiple facilities (5) Subject to subsection (6) or an order of the Minister under subsection (8), a health information custodian that operates more than one facility described in one of the subparagraphs of paragraph 4 of the definition of “health information custodian” in subsection (1) shall be deemed to be a separate custodian with respect to personal health information of which it has custody or control as a result of or in connection with operating each of the facilities that it operates.  2004, c. 3, Sched. A, s. 3 (5). Single custodian (6) Despite subsection (5), the following persons shall be deemed to be a single health information custodian with respect to all the functions described in the applicable paragraph, if any: 1.  A person who operates a hospital within the meaning of the Public Hospitals Act and any of the facilities, programs or services described in paragraph 4 of the definition of “health information custodian” in subsection (1). 2.  Repealed: 2016, c. 30, s. 43 (2). 3.  Health information custodians or facilities that are prescribed.  2004, c. 3, Sched. A, s. 3 (6); 2007, c. 8, s. 224 (5); 2016, c. 30, s. 43 (2). Application to act as one custodian (7) A health information custodian that operates more than one facility described in one of the subparagraphs of paragraph 4 of the definition of “health information custodian” in subsection (1) or two or more health information custodians may apply to the Minister, in a form approved by the Minister, for an order described in subsection (8).  2004, c. 3, Sched. A, s. 3 (7). Minister’s order (8) Upon receiving an application described in subsection (7), the Minister may make an order permitting all or some of the applicants to act as a single health information custodian on behalf of those facilities, powers, duties or work that the Minister specifies, subject to the terms that the Minister considers appropriate and specifies in the order, if the Minister is of the opinion that it is appropriate to make the order in the circumstances, having regard to, (a)  the public interest; (b)  the ability of the applicants to provide individuals with reasonable access to their personal health information; (c)  the ability of the applicants to comply with the requirements of this Act; and (d)  whether permitting the applicants to act as a single health information custodian is necessary to enable them to effectively provide integrated health care.  2004, c. 3, Sched. A, s. 3 (8). Scope of order (9) In an order made under subsection (8), the Minister may order that any class of health information custodians that the Minister considers to be situated similarly to the applicants is permitted to act as a single health information custodian, subject to the terms that the Minister considers appropriate and specifies in the order, if the Minister is of the opinion that it is appropriate to so order, having regard to, (a)  the public interest; (b)  the ability of the custodians that are subject to the order made under this subsection to provide individuals with reasonable access to their personal health information; (c)  the ability of the custodians that are subject to the order made under this subsection to comply with the requirements of this Act; and (d)  whether permitting the custodians that are subject to the order made under this subsection to act as a single health information custodian is necessary to enable them to effectively provide integrated health care.  2004, c. 3, Sched. A, s. 3 (9). No hearing required (10) The Minister is not required to hold a hearing or to afford to any person an opportunity for a hearing before making an order under subsection (8).  2004, c. 3, Sched. A, s. 3 (10). Duration (11) Subject to subsection (12), a health information custodian does not cease to be a health information custodian with respect to a record of personal health information until complete custody and control of the record, where applicable, passes to another person who is legally authorized to hold the record.  2004, c. 3, Sched. A, s. 3 (11). Death of custodian (12) If a health information custodian dies, the following person shall be deemed to be the health information custodian with respect to records of personal health information held by the deceased custodian until custody and control of the records, where applicable, passes to another person who is legally authorized to hold the records: 1.  The estate trustee of the deceased custodian. 2.  The person who has assumed responsibility for the administration of the deceased custodian’s estate, if the estate does not have an estate trustee.  2004, c. 3, Sched. A, s. 3 (12). Section Amendments with date in force (d/m/y) 2006, c. 17, s. 253 - 31/01/2007 2007, c. 8, s. 224 (2-5) - 01/07/2010; 2007, c. 10, Sched. H, s. 1 - 04/06/2007 2009, c. 33, Sched. 18, s. 25 (1, 2) - 15/12/2009 2010, c. 11, s. 128 - 01/01/2013 2016, c. 30, s. 43 (1, 2) - 01/11/2017 2017, c. 25, Sched. 9, s. 109 (1, 2) - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023 2019, c. 15, Sched. 30, s. 2 - 31/07/2020 2020, c. 5, Sched. 6, s. 2 - 25/03/2020; 2020, c. 5, Sched. 6, s. 26 (3) - not in force; 2020, c. 13, Sched. 3, s. 8 (3-6) - 01/05/2022 2021, c. 39, Sched. 2, s. 20 - 11/04/2022 2023, c. 4, Sched. 1, s. 75 - 25/09/2023