Archives
 14. (1) Subject to clause 42 (3) (b) of the Act, a health information custodian may transfer records of personal health information under that clause to a person who, (a) has put in place reasonable measures to ensure that personal health information in the person’s custody or control is protected against theft, loss and unauthorized use or disclosure and to ensure that the records containing the information are protected against unauthorized copying, modification or disposal; (b) has put in place measures to allow an individual to have reasonable access to the individual’s own record of personal health information held by the person; (c) has made available to the public a written statement that, (i) provides a general description of the person’s information practices, (ii) describes how an individual may obtain access to a record of personal health information about the individual that is in the custody or control of the person, (iii) describes the mandate, and organizational links and affiliations, of the person in maintaining the archive, and (iv) describes how to make a complaint to the person and to the Commissioner under the Act; and (d) has registered with the Commissioner the intention to act as a recipient of information under this section, and provided to the Commissioner the statement set out in (c), and any further information reasonably requested by the Commissioner.  O. Reg. 329/04, s. 14 (1). (2) If a person that received records under clause 42 (3) (b) of the Act ceases to exercise the functions of collecting and preserving records of historical or archival importance or ceases to comply with the conditions set out in subsection (1), the person shall immediately transfer the records, including any health number contained in the records, to another person who is authorized to receive transfers of records under clause 42 (3) (a) or (b) of the Act, subject to the agreement of the person who is to receive the transfer.  O. Reg. 329/04, s. 14 (2). (3) Despite subsection 49 (1) of the Act, and subject to the agreement of the person who is to receive the transfer, a person who is not a health information custodian to whom a health information custodian disclosed personal health information may transfer any records containing the personal health information, including any health number contained in the records to, (a) the Archives of Ontario; or (b) a person prescribed under subsection (1), if the disclosure is made for the purpose of that function.  O. Reg. 329/04, s. 14 (3). (4) A person who receives a transfer of records of personal health information under subsection (2) or (3) or under clause 42 (3) (b) of the Act may, (a) collect any health number contained in the records incidentally to receiving the transfer of the records; (b) use personal health information contained in the records, including any health number contained in the records, as if it were a health information custodian for the purposes of clause 37 (1) (j) and subsection 37 (3) of the Act; and (c) disclose personal health information contained in the records, including any health number contained in the records, as if it were a health information custodian for the purposes of sections 44, 45 and 47 of the Act.  O. Reg. 329/04, s. 14 (4). (5) A person who, before November 1, 2004, received a transfer of a record of personal health information to which subsection (4) would have applied on or after November 1, 2004, may disclose and use it, including any health number contained in the record, for research as if it were a health information custodian under the Act.  O. Reg. 329/04, s. 14 (5).