61 (1) After conducting a review under section 57 or 58, the Commissioner may, (a)  if the review relates to a complaint into a request by an individual under subsection 53 (1) for access to a record of personal health information, make an order directing the health information custodian about whom the complaint was made to grant the individual access to the requested record; (b)  if the review relates to a complaint into a request by an individual under subsection 55 (1) for correction of a record of personal health information, make an order directing the health information custodian about whom a complaint was made to make the requested correction; (c)  make an order directing any person whose activities the Commissioner reviewed to perform a duty imposed by this Act or its regulations; (d)  make an order directing any person whose activities the Commissioner reviewed to cease collecting, using or disclosing personal health information if the Commissioner determines that the person is collecting, using or disclosing the information, as the case may be, or is about to do so in contravention of this Act, its regulations or an agreement entered into under this Act; (e)  make an order directing any person whose activities the Commissioner reviewed to return, transfer or dispose of records of personal health information that the Commissioner determines the person collected, used or disclosed in contravention of this Act, its regulations, or an agreement entered into under this Act but only if the return, transfer or disposal of the records is not reasonably expected to adversely affect the provision of health care to an individual. (f)  make an order directing any health information custodian whose activities the Commissioner reviewed to change, cease or not commence an information practice specified by the Commissioner, if the Commissioner determines that the information practice contravenes this Act or its regulations; (f.1)  make an order requiring a health information custodian or a class of health information custodians to cease providing personal health information to a consumer electronic service provider; (g)  make an order directing any health information custodian whose activities the Commissioner reviewed to implement an information practice specified by the Commissioner, if the Commissioner determines that the information practice is reasonably necessary in order to achieve compliance with this Act and its regulations; (h)  make an order directing any person who is an agent of a health information custodian, whose activities the Commissioner reviewed and that an order made under any of clauses (a) to (g) directs to take any action or to refrain from taking any action, to take the action or to refrain from taking the action if the Commissioner considers that it is necessary to make the order against the agent to ensure that the custodian will comply with the order made against the custodian; or (h.1)  make an order in accordance with section 61.1 requiring any person whose activities the Commissioner reviewed to pay an administrative penalty in the amount set out in the order if the Commissioner is of the opinion that the person has contravened this Act or its regulations; (i)  make comments and recommendations on the privacy implications of any matter that is the subject of the review.  2004, c. 3, Sched. A, s. 61 (1); 2019, c. 15, Sched. 30, s. 6; 2020, c. 5, Sched. 6, s. 16. Terms of order (2) An order that the Commissioner makes under subsection (1) may contain the terms that the Commissioner considers appropriate.  2004, c. 3, Sched. A, s. 61 (2). Copy of order, etc. (3) Upon making comments, recommendations or an order under subsection (1), the Commissioner shall provide a copy of them, including reasons for any order made, to, (a)  the complainant and the person about whom the complaint was made, if the Commissioner made the comments, recommendations or order after conducting a review under section 57 of a complaint; (b)  the person whose activities the Commissioner reviewed, if the Commissioner made the comments, recommendations or order after conducting a review under section 58; (c)  all other persons to whom the order is directed; (d)  the body or bodies that are legally entitled to regulate or review the activities of a health information custodian directed in the order or to whom the comments or recommendations relate; and (e)  any other person whom the Commissioner considers appropriate.  2004, c. 3, Sched. A, s. 61 (3). No order (4) If, after conducting a review under section 57 or 58, the Commissioner does not make an order under subsection (1), the Commissioner shall give the complainant, if any, and the person whose activities the Commissioner reviewed a notice that sets out the Commissioner’s reasons for not making an order.  2004, c. 3, Sched. A, s. 61 (4). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 30, s. 6 - 31/07/2020 2020, c. 5, Sched. 6, s. 16 (1, 2) - 25/03/2020