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Declaration of PHIPA as substantially similar to PIPEDA

On December 14, 2005, an order of the Governor in Council was published in the Canada Gazette declaring the Ontario Personal Health Information Protection Act, 2004 ("PHIPA") to be "substantially similar" to Part I of the Personal Information Protection and Electronic Documents Act ("PIPEDA"), and exempting health information custodians and their agents, as defined in PHIPA, from the application of PIPEDA, in respect of the collection, use, and disclosure of personal information that occurs within the Province of Ontario.

Specifically, the order provides :

HEALTH INFORMATION CUSTODIANS IN THE PROVINCE OF ONTARIO EXEMPTION ORDER

P.C. 2005-2224 November 28, 2005

Whereas the Governor in Council is satisfied that the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Schedule A, of the Province of Ontario, which is substantially similar to Part 1 of the Personal Information Protection and Electronic Documents Act (see footnote a), applies to the health information custodians referred to in the annexed Order;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 26(2)(b) of the Personal Information Protection and Electronic Documents Act (see footnote b), hereby makes the annexed Health Information Custodians in the Province of Ontario Exemption Order.

Health Information Custodians in the Province of Ontario Exemption Order

EXEMPTION
  1. Any health information custodian to which the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Schedule A, applies is exempt from the application of Part 1 of the Personal Information Protection and Electronic Documents Act in respect of the collection, use and disclosure of personal information that occurs within the Province of Ontario.
COMING INTO FORCE
  1. This Order comes into force on the day on which it is registered.

Questions and Answers concerning PHIPA being substantially similar to PIPEDA are also avaialble

 
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