54 (1) A health information custodian that receives a request from an individual for access to a record of personal health information shall, (a)  make the record available to the individual for examination and, at the request of the individual, provide a copy of the record to the individual and if reasonably practical, an explanation of any term, code or abbreviation used in the record; (b)  give a written notice to the individual stating that, after a reasonable search, the custodian has concluded that the record does not exist, cannot be found, or is not a record to which this Part applies, if that is the case; (c)  if the custodian is entitled to refuse the request, in whole or in part, under any provision of this Part other than clause 52 (1) (c), (d) or (e), give a written notice to the individual stating that the custodian is refusing the request, in whole or in part, providing a reason for the refusal and stating that the individual is entitled to make a complaint about the refusal to the Commissioner under Part VI; or (d)  subject to subsection (1.1), if the custodian is entitled to refuse the request, in whole or in part, under clause 52 (1) (c), (d) or (e), give a written notice to the individual stating that the individual is entitled to make a complaint about the refusal to the Commissioner under Part VI, and that the custodian is refusing, (i)  the request, in whole or in part, while citing which of clauses 52 (1) (c), (d) and (e) apply, (ii)  the request, in whole or in part, under one or more of clauses 52 (1) (c), (d) and (e), while not citing which of those provisions apply, or (iii)  to confirm or deny the existence of any record subject to clauses 52 (1) (c), (d) and (e).  2004, c. 3, Sched. A, s. 54 (1); 2007, c. 10, Sched. H, s. 20 (1, 2). Providing reasons (1.1) A custodian acting under clause (1) (d) shall not act under subclause (1) (d) (i) where doing so would reasonably be expected in the circumstances known to the person making the decision on behalf of the custodian to reveal to the individual, directly or indirectly, information to which the individual does not have a right of access.  2007, c. 10, Sched. H, s. 20 (3). Time for response (2) Subject to subsection (3), the health information custodian shall give the response required by clause (1) (a), (b), (c) or (d) as soon as possible in the circumstances but no later than 30 days after receiving the request.  2004, c. 3, Sched. A, s. 54 (2). Extension of time for response (3) Within 30 days after receiving the request for access, the health information custodian may extend the time limit set out in subsection (2) for a further period of time of not more than 30 days if, (a)  meeting the time limit would unreasonably interfere with the operations of the custodian because the information consists of numerous pieces of information or locating the information would necessitate a lengthy search; or (b)  the time required to undertake the consultations necessary to reply to the request within 30 days after receiving it would make it not reasonably practical to reply within that time.  2004, c. 3, Sched. A, s. 54 (3). Notice of extension (4) Upon extending the time limit under subsection (3), the health information custodian shall give the individual written notice of the extension setting out the length of the extension and the reason for the extension.  2004, c. 3, Sched. A, s. 54 (4). Expedited access (5) Despite subsection (2), the health information custodian shall give the response required by clause (1) (a), (b), (c) or (d) within the time period that the individual specifies if, (a)  the individual provides the custodian with evidence satisfactory to the custodian, acting on a reasonable basis, that the individual requires access to the requested record of personal health information on an urgent basis within that time period; and (b)  the custodian is reasonably able to give the required response within that time period.  2004, c. 3, Sched. A, s. 54 (5). Frivolous or vexatious requests (6) A health information custodian that believes on reasonable grounds that a request for access to a record of personal health information is frivolous or vexatious or is made in bad faith may refuse to grant the individual access to the requested record.  2004, c. 3, Sched. A, s. 54 (6). Effect of non-compliance (7) If the health information custodian does not respond to the request within the time limit or before the extension, if any, expires, the custodian shall be deemed to have refused the individual’s request for access.  2004, c. 3, Sched. A, s. 54 (7). Right to complain (8) If the health information custodian refuses or is deemed to have refused the request, in whole or in part, (a)  the individual is entitled to make a complaint about the refusal to the Commissioner under Part VI; and (b)  in the complaint, the burden of proof in respect of the refusal lies on the health information custodian.  2004, c. 3, Sched. A, s. 54 (8). Identity of individual (9) A health information custodian shall not make a record of personal health information or a part of it available to an individual under this Part or provide a copy of it to an individual under clause (1) (a) without first taking reasonable steps to be satisfied as to the individual’s identity.  2004, c. 3, Sched. A, s. 54 (9). Fee for access (10) A health information custodian that makes a record of personal health information or a part of it available to an individual under this Part or provides a copy of it to an individual under clause (1) (a) may charge the individual a fee for that purpose if the custodian first gives the individual an estimate of the fee.  2004, c. 3, Sched. A, s. 54 (10). Amount of fee (11) The amount of the fee shall not exceed the prescribed amount or the amount of reasonable cost recovery, if no amount is prescribed.  2004, c. 3, Sched. A, s. 54 (11). Waiver of fee (12) A health information custodian mentioned in subsection (10) may waive the payment of all or any part of the fee that an individual is required to pay under that subsection if, in the custodian’s opinion, it is fair and equitable to do so.  2004, c. 3, Sched. A, s. 54 (12). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. H, s. 20 (1-3) - 04/06/2007 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 5, Sched. 6, s. 10) Consumer electronic service providers 54.1 (1) In this section, “consumer electronic service provider” means a person who provides electronic services to individuals at their request, primarily for, (a)  the purpose of allowing those individuals to access, use, disclose, modify, maintain or otherwise manage their records of personal health information, or (b)  such other purposes as may be prescribed. 2020, c. 5, Sched. 6, s. 10. Prescribed requirements (2) In providing electronic services to an individual, a consumer electronic service provider shall comply with the prescribed requirements. 2020, c. 5, Sched. 6, s. 10. Health number (3) Despite section 34, a consumer electronic service provider may, if authorized by the individual who requested the provider’s services, collect and use health numbers in accordance with any prescribed rules in order to verify the identity of an individual or for any other prescribed purpose. 2020, c. 5, Sched. 6, s. 10. Health information custodians (4) A health information custodian that provides personal health information to a consumer electronic service provider shall comply with any prescribed requirements or procedures. 2020, c. 5, Sched. 6, s. 10. Not required to respond through consumer electronic service provider (5) For greater certainty, a health information custodian that receives an individual’s request for access to their records of personal health information from a consumer electronic service provider is not required to provide the personal health information to the consumer electronic service provider in responding to the request. 2020, c. 5, Sched. 6, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 5, Sched. 6, s. 10 - not in force Correction