Proposed date changes by which certain health records in the provincial Electronic Health Record become available for individual access by digital means through Ontario Health
Regulation Number(s):
Not assigned
Instrument Type:
Regulation - Minister
Bill or Act:
Personal Health Information Protection Act, 2004 (PHIPA)
Summary of Proposal:
The Ministry is proposing to change the proclamation date for s. 51(5) of PHIPA from September 30, 2022, to March 31, 2023, and if approved, the Ministry would also propose to change the dates by which certain records in the Electronic Health Record would become available for individual access by digital means through Ontario Health. More specifically, subject to certain exceptions, Ontario Health would be required to act as if it were a health information custodian with respect to:

Records derived from the Ontario Laboratories Information System or a successor repository on and after March 31, 2023;
Records derived from the Digital Health Drug Repository or a successor repository on and after March 31, 2023;
Records derived from the Diagnostic Imaging-Common Service or a successor repository on and after March 31, 2024; and
Records derived from the Acute and Community Clinical Data Repository or a successor repository on and after March 31, 2024.

The proposed regulation seeks to ensure that Ontario Health has additional time to implement the necessary policy framework and technology infrastructure to meet its statutory requirements to enable digital access to individual's personal health information in the EHR.
Analysis of Regulatory Impact:
Work is currently underway analyzing possible administrative and compliance costs to businesses and professionals that may result from this regulatory proposal. To inform this analysis we encourage you to provide your feedback.
Further Information:
Proposal Number:
22-HLTC026
Posting Date:
September 23, 2022
Comments Due Date:
November 22, 2022
Contact Address:
Digital Health Program Branch
Digital Health Division
Ministry of Health
1075 Bay St., 12th floor
Toronto, ON M5S 2B1
Email: digitalhealthdivision@ontario.ca