Definitions for the purposes of the Act
 1. (1) In the definition of “health care” in section 2 of the Act, “a procedure that is done for a health-related purpose” includes taking a donation of blood or blood products from an individual.  O. Reg. 329/04, s. 1 (1). (2) For the purposes of the Act, “marketing” does not include, (a) a communication by a health care practitioner who provides insured services within the meaning of the Health Insurance Act to an individual or a member of the individual’s family or household by which the practitioner makes available to those persons an arrangement whereby they may receive ancillary uninsured services for a block fee or on the basis of a set fee for service, or (b) a communication by the Canadian Blood Services for the purpose of recruiting donors of blood, blood products or hematopoietic progenitor cells.  O. Reg. 329/04, s. 1 (2). (3) In the definition of “disclose” in section 2 of the Act, the expression “to make the information available or to release it to another health information custodian or to another person” does not include a person’s providing personal health information to someone who provided it to or disclosed it to the person, whether or not the personal health information has been manipulated or altered, if it does not contain any additional identifying information.  O. Reg. 329/04, s. 1 (3). (3.1) In paragraph 4 of the definition of “health information custodian” in subsection 3 (1) of the Act, “person who operates” includes, with respect to a psychiatric facility within the meaning of the Mental Health Act, the officer in charge of the facility within the meaning of the Mental Health Act.  O. Reg. 537/06, s. 1. (4) Revoked:  O. Reg. 322/07, s. 1 (1). (5) For the purposes of subsection 7 (3) of the Act, if the Act or its regulations provides that an action, including a collection, use or disclosure, may be taken, and another Act or regulation provides that it may not be taken, then “it is not possible to comply with both”.  O. Reg. 329/04, s. 1 (5). (5.1) In subsection 13 (1) of the Act, “disposed of in a secure manner” does not include, in relation to the disposition of records of personal health information, the destruction of the records unless the records are destroyed in such a manner that the reconstruction of the records is not reasonably foreseeable in the circumstances.  O. Reg. 537/06, s. 1. (6) For the purposes of clause 18 (4) (c) of the Act, “information about an individual’s state of health” does not include information about medication or related goods or services provided by a member of the Ontario College of Pharmacists to the individual that the member discloses to a third party who is being requested to provide payment for the medication or related goods or services.  O. Reg. 329/04, s. 1 (6). (7) For the purposes of paragraph 5 of subsection 23 (1) of the Act, “a person whom an Act of Ontario or Canada authorizes or requires to act on behalf of the individual” includes a person who is an agent for the purposes of section 157 of the Drug and Pharmacies Regulation Act where the consent under section 23 of the Personal Health Information Protection Act, 2004 relates to a prescription being presented to a pharmacist to be dispensed.  O. Reg. 329/04, s. 1 (7). (8) For the purposes of subsections 34 (2) and (3) of the Act, “a person who is not a health information custodian” does not include, (a)  Revoked:  O. Reg. 322/07, s. 1 (2). (b) the individual or the individual’s substitute decision-maker in respect of the individual’s health number.  O. Reg. 329/04, s. 1 (8); O. Reg. 322/07, s. 1 (2). (8.1) In subclause 36 (1) (b) (i) of the Act, “accurate” means, with respect to personal health information, correct and sufficient for the purposes for which the information is reasonably required.  O. Reg. 537/06, s. 1. (8.2) Revoked:  O. Reg. 322/07, s. 1 (3). (9) Revoked:  O. Reg. 322/07, s. 1 (4). (10) For the purposes of subsections 42 (1) and (2) of the Act, “potential successor” and “successor” mean a potential successor or a successor that is a health information custodian or that will be a health information custodian if it becomes the successor.  O. Reg. 329/04, s. 1 (10). (11) For the purposes of subsection 51 (3) of the Act, “health information custodian acting as an agent of an institution” means a health care practitioner who is acting as part of the institution.  O. Reg. 537/06, s. 1.