74 (1) In this section and sections 74.1 and 74.2, “record” means recorded information, regardless of physical form or characteristics; (“dossier”) “record of personal health information” has the same meaning as in the Mental Health Act. (“dossier de renseignements personnels sur la santé”)  1999, c. 2, s. 24 (1); 2004, c. 3, Sched. A, s. 78 (3). Motion or application, production of record (2) A Director or a society may at any time make a motion or an application for an order under subsection (3) or (3.1) for the production of a record or part of a record.  1999, c. 2, s. 24 (1). Order (3) Where the court is satisfied that a record or part of a record that is the subject of a motion referred to in subsection (2) contains information that may be relevant to a proceeding under this Part and that the person in possession or control of the record has refused to permit a Director or the society to inspect it, the court may order that the person in possession or control of the record produce it or a specified part of it for inspection and copying by the Director, by the society or by the court.  1999, c. 2, s. 24 (1). Same (3.1) Where the court is satisfied that a record or part of a record that is the subject of an application referred to in subsection (2) may be relevant to assessing compliance with one of the following and that the person in possession or control of the record has refused to permit a Director or the society to inspect it, the court may order that the person in possession or control of the record produce it or a specified part of it for inspection and copying by the Director, by the society or by the court: 1. An order under clause 51 (2) (b) or (c) that is subject to supervision. 2. An order under clause 51 (2) (c) or (d) with respect to access. 3. A supervision order under section 57. 4. An access order under section 58. 5. An order with respect to access or supervision on an application under section 64 or 65.1. 5.1 A custody order under section 65.2. 6. A restraining order under section 80.  1999, c. 2, s. 24 (1); 2006, c. 5, s. 29. Court may examine record (4) In considering whether to make an order under subsection (3) or (3.1), the court may examine the record.  R.S.O. 1990, c. C.11, s. 74 (4); 1999, c. 2, s. 24 (2). Information confidential (5) No person who obtains information by means of an order made under subsection (3) or (3.1) shall disclose the information except, (a) as specified in the order; and (b) in testimony in a proceeding under this Part.  R.S.O. 1990, c. C.11, s. 74 (5); 1999, c. 2, s. 24 (3). Conflict (5.1) Subsection (5) prevails despite anything in the Personal Health Information Protection Act, 2004.  2004, c. 3, Sched. A, s. 78 (4). Application: solicitor client privilege excepted (6) Subject to subsection (7), this section applies despite any other Act, but nothing in this section abrogates any privilege that may exist between a solicitor and his or her client.  R.S.O. 1990, c. C.11, s. 74 (6). Matters to be considered by court (7) Where a motion or an application under subsection (2) concerns a record of personal health information, subsection 35 (6) (attending physician’s statement, hearing) of the Mental Health Act applies and the court shall give equal consideration to, (a) the matters to be considered under subsection 35 (7) of that Act; and (b) the need to protect the child.  1999, c. 2, s. 24 (4); 2004, c. 3, Sched. A, s. 78 (5). Same (8) Where a motion or an application under subsection (2) concerns a record that is a record of a mental disorder within the meaning of section 183, that section applies and the court shall give equal consideration to, (a) the matters to be considered under subsection 183 (6); and (b) the need to protect the child.  1999, c. 2, s. 24 (4). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 24 (1-4) - 31/03/2000 2004, c. 3, Sched. A, s. 78 (3-5) - 01/11/2004 2006, c. 5, s. 29 - 30/11/2006