47 (1) Repealed: 2019, c. 15, Sched. 30, s. 4. Same (2) Subject to the restrictions, if any, that are prescribed, a health information custodian shall, upon the request of the Minister, disclose personal health information to a health data institute that the Minister approves under subsection (9) for analysis with respect to the management of, evaluation or monitoring of, the allocation of resources to or planning for all or part of the health system, including the delivery of services, if the requirements of this section are met.  2004, c. 3, Sched. A, s. 47 (2). Form, manner and time of disclosure (3) The Minister may specify the form and manner in which and the time at which the health information custodian is required to disclose the personal health information under subsection (2).  2004, c. 3, Sched. A, s. 47 (3). Requirements for Minister (4) Before requesting the disclosure of personal health information under subsection (2), the Minister shall submit a proposal to the Commissioner and, in accordance with this section, allow the Commissioner to review and comment on the proposal.  2004, c. 3, Sched. A, s. 47 (4). Contents of proposal (5) The proposal must identify a health data institute to which the personal health information would be disclosed under this section and must set out the prescribed matters.  2004, c. 3, Sched. A, s. 47 (5). Review by Commissioner (6) Within 30 days after the Commissioner receives the proposal, the Commissioner shall review the proposal and may comment in writing on the proposal.  2004, c. 3, Sched. A, s. 47 (6). Consideration by Commissioner (7) In reviewing the proposal, the Commissioner shall consider the public interest in conducting the analysis and the privacy interest of the individuals to whom the personal health information relates in the circumstances.  2004, c. 3, Sched. A, s. 47 (7). Consideration by Minister (8) The Minister shall consider the comments, if any, made by the Commissioner within the time specified in subsection (6), and may amend the proposal if the Minister considers it appropriate.  2004, c. 3, Sched. A, s. 47 (8). Approval of health data institute (9) The Minister may approve a health data institute for the purposes of a disclosure made under this section if, (a)  the corporate objects of the institute include performing data analysis of personal health information, linking the information with other information and de-identifying the information for the Minister; and (b)  the institute has in place practices and procedures to protect the privacy of the individuals whose personal health information it receives and to maintain the confidentiality of the information and the Commissioner has approved those practices and procedures.  2004, c. 3, Sched. A, s. 47 (9). Review by Commissioner (10) The Commissioner shall review the practices and procedures of each health data institute every three years from the date of its approval and advise the Minister whether the institute continues to meet the requirements of clauses (9) (a) and (b).  2004, c. 3, Sched. A, s. 47 (10). Withdrawal of approval (11) The Minister shall withdraw the approval of a health data institute that ceases to meet the requirements of clauses (9) (a) and (b) or to carry out its objects mentioned in clause (9) (a), unless the Minister requires the institute to take immediate steps to satisfy the Minister that it will meet the requirements or that it will carry out the objects.  2004, c. 3, Sched. A, s. 47 (11). Effect of withdrawal of approval (12) If the Minister withdraws the approval of a health data institute, the institute shall, (a)  make no further use or disclosure of any personal health information that a health information custodian has disclosed to it under subsection (2) or any information derived from that personal health information; and (b)  comply with the written directions of the Minister that the Commissioner has approved in writing with respect to information described in clause (a).  2004, c. 3, Sched. A, s. 47 (12). If institute ceases to exist (13) If a health data institute ceases to exist, the persons holding the personal health information that the institute received under subsection (2) and held when it ceased to exist shall comply with the written directions of the Minister that the Commissioner has approved in writing with respect to the information.  2004, c. 3, Sched. A, s. 47 (13). Disclosure by Minister (14) The Minister may disclose to the health data institute that receives personal health information under subsection (2) other personal health information for the purposes of the analysis and linking that the Minister requires if the disclosure is included in the Minister’s proposal, as amended under subsection (8), if applicable.  2004, c. 3, Sched. A, s. 47 (14). Duties of health data institute (15) A health data institute that receives personal health information under subsection (2) or (14) shall, (a)  follow the practices and procedures described in clause (9) (b) that the Commissioner has approved; (b)  perform the analysis and linking with other data that the Minister requires; (c)  de-identify the information; (d)  provide the results of the analysis and linking, using only de-identified information, to the Minister or to the persons that the Minister approves; (e)  not disclose the information to the Minister or to the persons that the Minister approves except in a de-identified form; and (f)  subject to clauses (d) and (e), not disclose to any persons the information, even in a de-identified form, or any information derived from the information.  2004, c. 3, Sched. A, s. 47 (15). Transition (16) If the Minister has lawfully required the disclosure of personal health information for a purpose described in subsection (2) in the 18 months before this section comes into force, this section does not apply with respect to a disclosure the Minister requires for a substantially similar purpose after this section comes into force until the first anniversary of the coming into force of this section.  2004, c. 3, Sched. A, s. 47 (16). Notification (17) If the Minister requires a disclosure for a substantially similar purpose under subsection (16) after this section comes into force, the Minister shall notify the Commissioner within the later of the time of requiring the disclosure and 90 days after this section comes into force.  2004, c. 3, Sched. A, s. 47 (17). No hearing required (18) The Minister is not required to hold a hearing or to afford to any person an opportunity for a hearing before making a decision under this section.  2004, c. 3, Sched. A, s. 47 (18). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 30, s. 4 - 31/07/2020