39 (1) Subject to the requirements and restrictions, if any, that are prescribed, a health information custodian may disclose personal health information about an individual,
 (a)  for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of Ontario or Canada and funded in whole or in part by the Government of Ontario or Canada, by a local health integration network by a municipality or by the Agency, or to receive coverage with respect to such health care, goods, services or benefits; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 39 (1) (a) of the Act is amended by striking out “by a local health integration network,”. (See: 2019, c. 5, Sched. 3, s. 17 (6)) (b)  to a person conducting an audit or reviewing an application for accreditation or reviewing an accreditation, if the audit or review relates to services provided by the custodian and the person does not remove any records of personal health information from the custodian’s premises; (c)  to a prescribed person who compiles or maintains a registry of personal health information for purposes of facilitating or improving the provision of health care or that relates to the storage or donation of body parts or bodily substances; or (d)  where, (i)  the disclosure is to another custodian described in paragraph 1, 3 or 4 of the definition of “health information custodian” in subsection 3 (1), (ii)  the individual to whom the information relates is one to whom both the disclosing custodian and recipient custodian provide health care or assist in the provision of health care or have previously provided health care or assisted in the provision of health care, and (iii)  the disclosure is for the purpose of activities to improve or maintain the quality of care provided by the receiving custodian to the individual to whom the information relates or individuals provided with similar health care.  2004, c. 3, Sched. A, s. 39 (1); 2006, c. 4, s. 51 (3); 2007, c. 10, Sched. H, s. 14; 2009, c. 33, Sched. 18, s. 25 (4); 2016, c. 30, s. 43 (3); 2019, c. 5, Sched. 3, s. 17 (5); 2020, c. 13, Sched. 3, s. 8 (15, 16). Same (2) A health information custodian may disclose personal health information about an individual, (a)  to the Chief Medical Officer of Health or a medical officer of health within the meaning of the Health Protection and Promotion Act if the disclosure is made for a purpose of that Act or the Immunization of School Pupils Act; (a.1)  to the Ontario Agency for Health Protection and Promotion if the disclosure is made for a purpose of the
Ontario Agency for Health Protection and Promotion Act, 2007; or (b)  to a public health authority that is similar to the persons described in clause (a) and that is established under the laws of Canada, another province or a territory of Canada or other jurisdiction, if the disclosure is made for a purpose that is substantially similar to a purpose of the Health Protection and Promotion Act or the Immunization of School Pupils Act.  2004, c. 3, Sched. A, s. 39 (2); 2007, c. 10, Sched. K, s. 32; 2020, c. 5, Sched. 6, s. 5. Removal allowed (3) Despite clause (1) (b), the person described in that clause may remove records of personal health information from the custodian’s premises if, (a)  the removal is authorized by or under an Act of Ontario or Canada; or (b)  an agreement between the custodian and the person authorizes the removal and provides that the records will be held in a secure and confidential manner and will be returned when the audit or review is completed.  2004, c. 3, Sched. A, s. 39 (3). Authorization to collect (4) A person who is not a health information custodian is authorized to collect the personal health information that a health information custodian may disclose to the person under clause (1) (c).  2004, c. 3, Sched. A, s. 39 (4). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 51 (3) - 28/03/2006 2007, c. 10, Sched. H, s. 14 - 04/06/2007; 2007, c. 10, Sched. K, s. 32 - 04/06/2007 2009, c. 33, Sched. 18, s. 25 (4) - 15/12/2009 2016, c. 30, s. 43 (3) - 01/11/2017 2019, c. 5, Sched. 3, s. 17 (5) - 06/06/2019; 2019, c. 5, Sched. 3, s. 17 (6) - not in force 2020, c. 5, Sched. 6, s. 5 - 25/03/2020; 2020, c. 13, Sched. 3, s. 8 (15, 16) - 01/05/2022