72 (1) A person is guilty of an offence if the person, (a)  wilfully collects, uses or discloses personal health information in contravention of this Act or its regulations; (b)  makes a request under this Act, under false pretences, for access to or correction of a record of personal health information; (b.1)  wilfully contravenes section 11.2; (c)  in connection with the collection, use or disclosure of personal health information or access to a record of personal health information, makes an assertion, knowing that it is untrue, to the effect that the person, (i)  is a person who is entitled to consent to the collection, use or disclosure of personal health information about another individual, (ii)  meets the requirement of clauses 26 (2) (b) and (c), (iii)  holds the beliefs described in subsection 26 (5), or (iv)  is a person entitled to access to a record of personal health information under section 52; (d)  disposes of a record of personal health information in the custody or under the control of the custodian with an intent to evade a request for access to the record that the custodian has received under subsection 53 (1); (e)  wilfully disposes of a record of personal health information in contravention of section 13; (f)  contravenes subsection 34 (2), (3) or (4) or clause 47 (15) (a), (e) or (f); (g)  wilfully obstructs the Commissioner or a person known to be acting under the authority of the Commissioner in the performance of his or her functions under this Act; (h)  wilfully makes a false statement to mislead or attempt to mislead the Commissioner or a person known to be acting under the authority of the Commissioner in the performance of his or her functions under this Act; (i)  wilfully fails to comply with an order made by the Commissioner or a person known to be acting under the authority of the Commissioner under this Act; or (j)  contravenes section 70.  2004, c. 3, Sched. A, s. 72 (1); 2019, c. 15, Sched. 30, s. 7 (1). Penalty (2) A person who is guilty of an offence under subsection (1) is liable, on conviction, (a)  if the person is a natural person, to a fine of not more than $200,000 or to a term of imprisonment of not more than 1 year, or to both; or (b)  if the person is not a natural person, to a fine of not more than $1,000,000. 2004, c. 3, Sched. A, s. 72 (2); 2016, c. 6, Sched. 1, s. 1 (26); 2020, c. 5, Sched. 6, s. 23. Officers, etc. (3) If a corporation commits an offence under this Act, every officer, member, employee or other agent of the corporation who authorized the offence, or who had the authority to prevent the offence from being committed but knowingly refrained from doing so, is a party to and guilty of the offence and is liable, on conviction, to the penalty for the offence, whether or not the corporation has been prosecuted or convicted.  2004, c. 3, Sched. A, s. 72 (3). No prosecution (4) No person is liable to prosecution for an offence against this or any other Act by reason of complying with a requirement of the Commissioner under this Act.  2004, c. 3, Sched. A, s. 72 (4). Consent of Attorney General (5) A prosecution shall not be commenced under subsection (1) without the consent of the Attorney General or his or her agent. 2016, c. 6, Sched. 1, s. 1 (27); 2019, c. 15, Sched. 30, s. 7 (2). Presiding judge (6) The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a proceeding in respect of an offence under subsection (1). 2016, c. 6, Sched. 1, s. 1 (27). Protection of information (7) In a prosecution for an offence under subsection (1) or where documents or materials are filed with a court under sections 158 to 160 of the Provincial Offences Act in relation to an investigation into an offence under this Act, the court may, at any time, take precautions to avoid the disclosure by the court or any person of any personal health information about an individual, including, where appropriate, (a)  removing the identifying information of any person whose personal health information is referred to in any documents or materials; (b)  receiving representations without notice; (c)  conducting hearings or parts of hearings in private; or (d)  sealing all or part of the court files. 2016, c. 6, Sched. 1, s. 1 (27). No limitation (8) Section 76 of the Provincial Offences Act does not apply to a prosecution under this Act. 2016, c. 6, Sched. 1, s. 1 (27). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 128 - 01/05/2007 2016, c. 6, Sched. 1, s. 1 (26, 27) - 03/06/2016 2019, c. 15, Sched. 30, s. 7 (1, 2) - 31/07/2020 2020, c. 5, Sched. 6, s. 23 - 25/03/2020