jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1 The
Freedom of Information and Protection of Privacy Act
does not apply to quality of care information.  2010, c. 25, s. 28.
2 In the event of a conflict between a provision of this Act or its regulations and a provision of any other Act or its regulations, this Act and its regulations prevail unless this Act or its regulations specifically provide otherwise.  2004, c. 3, Sched. B, s. 2.
2.1 Quality of care information collected by or for a quality of care committee while it is constituted and operating in accordance with this Act shall continue to be treated as quality of care information after,   (a) the quality of care committee by or for which the information was collected is no longer in operation; or (b) the health facility or entity that established, appointed or approved the quality of care committee is no longer eligible to establish, appoint or approve a quality of care committee.  2009, c. 33, Sched. 18, s. 28 (2).
3 Despite this Act and the Personal Health Information Protection Act, 2004, a person may disclose any information to a quality of care committee for the purposes of the committee.  2004, c. 3, Sched. B, s. 3.
4 (1) Despite the Personal Health Information Protection Act, 2004, no person shall disclose quality of care information except as permitted by this Act.  2004, c. 3, Sched. B, s. 4 (1). Definition (2) In subsections (3) and (4), “management”, with respect to a health facility or entity, includes members of the senior management staff, the board of directors, governors or trustees and members of the commission or other governing body or authority of the facility or entity.  2004, c. 3, Sched. B, s. 4 (2). Exception, quality of care committee (3) Despite subsection (1) and the Personal Health Information Protection Act, 2004, a quality of care committee may disclose quality of care information to, (a) the management of the health facility or entity mentioned in subclause (a) (ii) of the definition of “quality of care committee” in section 1 that established, appointed or approved the committee if the committee considers it appropriate to do so for the purpose of improving or maintaining the quality of health care provided in or by the facility or entity; or (b) the management of a health facility or health care provider, where an entity mentioned in subclause (a) (iii) of the definition of “quality of care committee” in section 1 carries on activities for the purpose of improving or maintaining the quality of health care provided by the facility, the provider or a class including the facility or the provider, if the committee considers it appropriate to do so for the purpose of improving or maintaining the quality of health care provided in or by the facility, provider or class.  2004, c. 3, Sched. B, s. 4 (3). Exception, any person (4) Despite subsection (1) and the Personal Health Information Protection Act, 2004, a person may disclose quality of care information if the disclosure is necessary for the purposes of eliminating or reducing a significant risk of serious bodily harm to a person or group of persons.  2004, c. 3, Sched. B, s. 4 (4). Use of information (5) A person to whom information is disclosed under subsection (3), (4) or (6) shall not use the information except for the purposes for which the information was disclosed to the person.  2004, c. 3, Sched. B, s. 4 (5); 2006, c. 19, Sched. L, s. 9 (1). Further disclosure of information (6) A member of the management of a health facility or entity described in subsection (3) to whom quality of care information is disclosed under that subsection may disclose the information to an agent or employee of the facility or entity if the disclosure is necessary for the purposes of improving or maintaining the quality of health care provided in or by the facility or entity.  2004, c. 3, Sched. B, s. 4 (6). Same (7) A person to whom information is disclosed under subsection (3), (4) or (6) shall not disclose the information except if subsection (4) or (6) permits the disclosure.  2004, c. 3, Sched. B, s. 4 (7).
5 (1) No person shall ask a witness and no court or other body holding a proceeding shall permit or require a witness in the proceeding to disclose quality of care information.  2004, c. 3, Sched. B, s. 5 (1). Non-admissibility of evidence (2) Quality of care information is not admissible in evidence in a proceeding.  2004, c. 3, Sched. B, s. 5 (2).
6 No one shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage a person by reason that the person has disclosed information to a quality of care committee under section 3.  2004, c. 3, Sched. B, s. 6; 2006, c. 19, Sched. L, s. 9 (2).
7 (1) Every person who contravenes section 4 or 6 is guilty of an offence.  2004, c. 3, Sched. B, s. 7 (1). Penalty (2) A person who is guilty of an offence under subsection (1) is liable, on conviction, (a) to a fine of not more than $50,000, if the person is an individual; or (b) to a fine of not more than $250,000, if the person is not an individual.  2004, c. 3, Sched. B, s. 7 (2). 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. B, s. 7 (3).
8 (1) No action or other proceeding may be instituted against a person who in good faith discloses information to a quality of care committee at the request of the committee or for the purposes of assisting the committee in carrying out its functions.  2004, c. 3, Sched. B, s. 8 (1). Same, committee member (2) No action or other proceeding, including a prosecution for an offence under section 7, may be instituted in respect of, (a) a member of a committee who, in good faith, discloses quality of care information for a purpose described in subsection 4 (3); or (b) a person who, in good faith, discloses information for a purpose described in subsection 4 (4), if the disclosure is reasonable in the circumstances.  2004, c. 3, Sched. B, s. 8 (2). Same, failure to disclose (3) No action or other proceeding may be instituted against a member of a committee in respect of the failure of the committee to make a disclosure described in subsection 4 (3) or (4).  2004, c. 3, Sched. B, s. 8 (3).
9 (1) Subject to section 10, the Lieutenant Governor in Council may make regulations, (a) defining any term used in this Act that is not defined in this Act; (b) specifying information for the purpose of clause (f) of the definition of “quality of care information” in section 1; (c) specifying a provision of another Act or its regulations that prevails over this Act or its regulations for the purpose of section 2; (d) prescribing information for the purpose of clause 10 (2) (e).  2004, c. 3, Sched. B, s. 9 (1). Minister’s regulations (2) The Minister may make regulations prescribing anything that the definition of “health care” or “quality of care committee” in section 1 mentions as being prescribed.  2004, c. 3, Sched. B, s. 9 (2).