Ontario Regulation 56/23, enacted under the Personal Health Information Protection Act, 2004, updates the protocols governing access to personal health information. This regulation, amends the previous regulation (O. Reg. 329/04) and aims at improving the methods by which individuals can request and receive their health information electronically.

The regulation affirms the right of individuals to access their personal health information in electronic formats. This includes formats such as PDF files, or any other format mutually agreed upon between the individual and the health information custodian. The custodian, typically a healthcare provider or facility, is required to provide the requested information in one of these formats upon request.

Referred to as “The Agency” in the Act and regulations, is a corporation originally incorporated under the Corporations Act on January 18, 2019, under the names Health Program Initiatives (English) and Initiatives pour les programmes de santé, it is a non-share capital corporation, now known as Ontario Health (English) and Santé Ontario.

The regulation specifies several key responsibilities for the Agency:

• • • The Agency must publish and maintain a list of acceptable electronic formats on its website. This ensures transparency and accessibility, allowing individuals to know which formats are available for receiving their health information.
    • The Agency is tasked with keeping the specifications for electronic formats current. Any updates or new formats must be posted on the Agency’s website to ensure public awareness.
    • Before finalizing any updates to the electronic formats, the Agency must:
      • Post proposed changes online and provide a 30-day period for public feedback.
      • Consult with the Commissioner to verify that the changes meet appropriate standards.
      • Review and consider feedback from both the public and the Commissioner prior to submitting the proposal for the Minister’s approval.
    • The Agency must obtain the Minister’s approval before implementing any new or revised specifications. Following feedback, the Agency may make adjustments to the proposal without additional public consultation if necessary.

The regulation permits the inclusion of secure online applications, such as portals, as part of the electronic formats.

Source: Ontario (56/23), April 15, 2023