34 (1) In this section, “health card” means a card provided to an insured person within the meaning of the Health Insurance Act by the General Manager of the Ontario Health Insurance Plan; (“carte Santé”) “provincially funded health resource” means a service, thing, subsidy or other benefit funded, in whole or in part, directly or indirectly by the Government of Ontario, if it is health related or prescribed. (“ressource en matière de santé subventionnée par la province”)  2004, c. 3, Sched. A, s. 34 (1). Collection or use (2) Despite subsection 49 (1), a person who is neither a health information custodian nor acting as an agent of a health information custodian shall not collect or use another person’s health number except, (a)  for purposes related to the provision of provincially funded health resources to that other person; (b)  for the purposes for which a health information custodian has disclosed the number to the person; (b.1)  if the person is prescribed and is collecting or using the health number, as the case may be, with the express consent of the other person, for the purpose of accurately identifying the other person’s records of personal health information, verifying their identity or linking their records of personal health information, subject to the additional requirements, if any, that are prescribed; (c)  if the person is the governing body of health care practitioners who provide provincially funded health resources and is collecting or using health numbers for purposes related to its duties or powers; (d)  if the person is prescribed and is collecting or using the health number, as the case may be, for purposes related to health administration, health planning, health research or epidemiological studies; or (e)  if the person is prescribed and is collecting or using the health number, as the case may be, for purposes related to the electronic health record developed and maintained by the prescribed organization.  2007, c. 10, Sched. H, s. 10; 2016, c. 6, Sched. 1, s. 1 (9); 2020, c. 5, Sched. 6, s. 4 (1). Disclosure (3) Despite subsection 49 (1) and subject to the exceptions and additional requirements, if any, that are prescribed, a person who is neither a health information custodian nor acting as an agent of a health information custodian shall not disclose a health number except as required by law.  2007, c. 10, Sched. H, s. 10. Confidentiality of health cards (4) No person shall require the production of another person’s health card, but a person who provides a provincially funded health resource to a person who has a health card may require the production of the health card.  2004, c. 3, Sched. A, s. 34 (4). Exceptions (5) Subsections (2) and (3) do not apply to, (a)  a person who collects, uses or discloses a health number for the purposes of a proceeding; (b)  a prescribed entity mentioned in subsection 45 (1) that collects, uses or discloses the health number in the course of carrying out its functions under section 45; or (c)  a health data institute that the Minister approves under subsection 47 (9) and that collects, uses or discloses the health number in the course of carrying out its functions under sections 47 and 48.  2004, c. 3, Sched. A, s. 34 (5). Collection, use and disclosure, non-provincially funded health resource (6) Subject to the additional requirements, if any, that are prescribed, a health information custodian that is providing health care to a person may collect, use or disclose the person’s health number with the consent of the person for the purpose of accurately identifying the person’s records of personal health information, verifying their identity or linking their records of personal health information, even where the health information custodian is not providing a provincially funded health resource. 2020, c. 5, Sched. 6, s. 4 (2). Same, provincially funded health resource (7) Subject to the additional requirements, if any, that are prescribed, a health information custodian that has collected a health number for purposes related to the provision of a provincially funded health resource to a person may use the health number for the purpose of accurately identifying the person’s records of personal health information, verifying their identity or linking their records of personal health information. 2020, c. 5, Sched. 6, s. 4 (2). Other permitted collection, etc. not affected (8) Nothing in subsection (6) or (7) limits a health information custodian’s authority to collect, use or disclose a health number as otherwise permitted or required by this Act. 2020, c. 5, Sched. 6, s. 4 (2). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. H, s. 10 - 04/06/2007 2016, c. 6, Sched. 1, s. 1 (9) - 01/10/2020 2020, c. 5, Sched. 6, s. 4 (1, 2) - 25/03/2020