183 (1) In this section, “record of a mental disorder” means a record or a part of a record made about a person concerning a substantial disorder of emotional processes, thought or cognition of the person which grossly impairs the person’s capacity to make reasoned judgments.  R.S.O. 1990, c. C.11, s. 183 (1). Disclosure pursuant to summons (2) A service provider shall disclose, transmit or permit the examination of a record of a mental disorder pursuant to a summons, order, direction, notice or similar requirement in respect of a matter in issue or that may be in issue in a court of competent jurisdiction or under any Act unless a physician states in writing that he or she believes that to do so, (a) is likely to result in harm to the treatment or recovery of the person to whom the record relates; or (b) is likely to result in, (i) injury to the mental condition of another person, or (ii) bodily harm to another person.  R.S.O. 1990, c. C.11, s. 183 (2). Hearing to be held (3) The court before which a matter described in subsection (2) is in issue on motion or, where a disclosure, transmittal or examination is not required by a court, the Divisional Court on motion shall determine whether the record referred to in the physician’s statement should be disclosed, transmitted or examined.  R.S.O. 1990, c. C.11, s. 183 (3). Idem (4) A motion under subsection (3) shall be on notice to the physician and shall be held in the absence of the public.  R.S.O. 1990, c. C.11, s. 183 (4). Consideration of court (5) In a motion under subsection (3), the court shall consider whether or not the disclosure, transmittal or examination of the record referred to in the physician’s statement is likely to have a result described in clause (2) (a) or (b) and for the purpose the court may examine the record.  R.S.O. 1990, c. C.11, s. 183 (5). Order of court (6) The court shall not order that the record referred to in the physician’s statement be disclosed, transmitted or examined if the court is satisfied that a result described in clause (2) (a) or (b) is likely unless satisfied that to do so is essential in the interests of justice.  R.S.O. 1990, c. C.11, s. 183 (6). Conflict (6.1) Subsections (2) to (6) prevail despite anything in the Personal Health Information Protection Act, 2004.  2004, c. 3, Sched. A, s. 78 (8). Return of record to service provider (7) Where a record of a mental disorder is required under this section, the clerk of the court or body in which it is admitted in evidence or, if not so admitted, the person to whom the record is transmitted shall return the record to the service provider forthwith after the determination of the matter in issue in respect of which the record was required.  R.S.O. 1990, c. C.11, s. 183 (7). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 78 (8) - 01/11/2004 184-191 Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. C.11, s. 184-191 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 PART IX   LICENSING