A-3 - Workers’ Compensation Act

Section 55 Disposition versions

2021-01-25

55. Reports to the Commission made by a health professional or expert are confidential. No person may give or receive written or verbal communication of a report or otherwise have access to it except for the purposes of the application of this Act or purposes of the examination of an application for review by a review board or of a hearing before the Administrative Tribunal of Québec, except with the express or implied authorization of the beneficiary, or on a court order.

Notwithstanding the first paragraph, the Commission shall, if the employer so requires, communicate, to the health professional designated by the employer, every report respecting an accident that he receives from a health professional or expert.

Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2), an institution within the meaning of that Act must send to the Commission or to a health professional it designates, on request, a copy, extract or abstract of the file of an user if it is, in the opinion of the Commission, relevant to the rendering of a decision in respect of a claim. The same applies for an institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

A worker to whom the Commission refuses access to his medical file or written or verbal communication of it may apply to a judge of the Superior Court or the Court of Québec to obtain access to his file, or communication of it, as the case may be.

R. S. 1964, c. 159, s. 50; 1971, c. 48, s. 161; 1977, c. 42, s. 6; 1978, c. 57, s. 1; 1979, c. 63, s. 255; 1986, c. 95, s. 9; 1988, c. 21, s. 66; 1997, c. 43, s. 5; 2005, c. 32, s. 230; I.N. 2016-01-01 (NCCP); 2020, c. 6, s. 7.

2016-01-01

55. Reports to the Commission made by a physician, practitioner or expert are confidential. No person may give or receive written or verbal communication of a report or otherwise have access to it except for the purposes of the application of this Act or purposes of the examination of an application for review by a review board or of a hearing before the Administrative Tribunal of Québec, except with the express or implied authorization of the beneficiary, or on a court order.

Notwithstanding the first paragraph, the Commission shall, if the employer so requires, communicate, to the physician designated by the employer, every report respecting an accident that he receives from a physician, practitioner or expert.

Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2), an institution within the meaning of that Act must send to the Commission or to a physician it designates, on request, a copy, extract or abstract of the file of an user if it is, in the opinion of the Commission, relevant to the rendering of a decision in respect of a claim. The same applies for an institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

A worker to whom the Commission refuses access to his medical file or written or verbal communication of it may apply to a judge of the Superior Court or the Court of Québec to obtain access to his file, or communication of it, as the case may be.

R. S. 1964, c. 159, s. 50; 1971, c. 48, s. 161; 1977, c. 42, s. 6; 1978, c. 57, s. 1; 1979, c. 63, s. 255; 1986, c. 95, s. 9; 1988, c. 21, s. 66; 1997, c. 43, s. 5; 2005, c. 32, s. 230; I.N. 2016-01-01 (NCCP).

2005-11-30

55. Reports to the Commission made by a physician, practitioner or expert are confidential. No person may give or receive written or verbal communication of a report or otherwise have access to it except for the purposes of the application of this Act or purposes of the examination of an application for review by a review board or of a hearing before the Administrative Tribunal of Québec, except with the express or implied authorization of the beneficiary, or on a court order.

Notwithstanding the first paragraph, the Commission shall, if the employer so requires, communicate, to the physician designated by the employer, every report respecting an accident that he receives from a physician, practitioner or expert.

Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2), an institution within the meaning of that Act must send to the Commission or to a physician it designates, on request, a copy, extract or abstract of the file of an user if it is, in the opinion of the Commission, relevant to the rendering of a decision in respect of a claim. The same applies for an institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

A worker to whom the Commission refuses access to his medical file or written or verbal communication of it, may by summary motion, apply to a judge of the Superior Court or the Court of Québec to obtain access to his file, or communication of it, as the case may be.

R. S. 1964, c. 159, s. 50; 1971, c. 48, s. 161; 1977, c. 42, s. 6; 1978, c. 57, s. 1; 1979, c. 63, s. 255; 1986, c. 95, s. 9; 1988, c. 21, s. 66; 1997, c. 43, s. 5; 2005, c. 32, s. 230.

2002-04-01

55. Reports to the Commission made by a physician, practitioner or expert are confidential. No person may give or receive written or verbal communication of a report or otherwise have access to it except for the purposes of the application of this Act or purposes of the examination of an application for review by a review board or of a hearing before the Administrative Tribunal of Québec, except with the express or implied authorization of the beneficiary, or on a court order.

Notwithstanding the first paragraph, the Commission shall, if the employer so requires, communicate, to the physician designated by the employer, every report respecting an accident that he receives from a physician, practitioner or expert.

An establishment within the meaning of the Act respecting health services and social services (chapter S-5) must send to the Commission or to a physician it designates, on request, a copy, extract or abstract of the file of a beneficiary if it is, in the opinion of the Commission, relevant to the rendering of a decision in respect of a claim.

A worker to whom the Commission refuses access to his medical file or written or verbal communication of it, may by summary motion, apply to a judge of the Superior Court or the Court of Québec to obtain access to his file, or communication of it, as the case may be.

R. S. 1964, c. 159, s. 50; 1971, c. 48, s. 161; 1977, c. 42, s. 6; 1978, c. 57, s. 1; 1979, c. 63, s. 255; 1986, c. 95, s. 9; 1988, c. 21, s. 66; 1997, c. 43, s. 5.

1998-04-01

55. Reports to the Commission made by a physician, practitioner or expert are confidential. No person may give or receive written or verbal communication of a report or otherwise have access to it except for the purposes of the application of this Act or purposes of the examination of an application for review by a review board or of a hearing before the Administrative Tribunal of Québec, except with the express or implied authorization of the beneficiary, or on a court order.

Notwithstanding the first paragraph, the Commission shall, if the employer so requires, communicate, to the physician designated by the employer, every report respecting an accident that he receives from a physician, practitioner or expert.

An establishment within the meaning of the Act respecting health services and social services (chapter S-5) must send to the Commission or to a physician it designates, on request, a copy, extract or abstract of the file of a beneficiary if it is, in the opinion of the Commission, relevant to the rendering of a decision in respect of a claim.

A worker to whom the Commission refuses access to his medical file or written or verbal communication of it, may by summary motion, apply to a judge of the Superior Court or the Provincial Court to obtain access to his file, or communication of it, as the case may be.

R. S. 1964, c. 159, s. 50; 1971, c. 48, s. 161; 1977, c. 42, s. 6; 1978, c. 57, s. 1; 1979, c. 63, s. 255; 1986, c. 95, s. 9; 1997, c. 43, s. 5.

1987-02-15

55. Reports to the Commission made by a physician, practitioner or expert are confidential. No person may give or receive written or verbal communication of a report or otherwise have access to it except for the purposes of the application of this act or purposes of an inquiry held by a review board or the Commission des affaires sociales, except with the express or implied authorization of the beneficiary, or on a court order.

Notwithstanding the first paragraph, the Commission shall, if the employer so requires, communicate, to the physician designated by the employer, every report respecting an accident that he receives from a physician, practitioner or expert.

An establishment within the meaning of the Act respecting health services and social services (chapter S-5) must send to the Commission or to a physician it designates, on request, a copy, extract or abstract of the file of a beneficiary if it is, in the opinion of the Commission, relevant to the rendering of a decision in respect of a claim.

A worker to whom the Commission refuses access to his medical file or written or verbal communication of it, may by summary motion, apply to a judge of the Superior Court or the Provincial Court to obtain access to his file, or communication of it, as the case may be.

R. S. 1964, c. 159, s. 50; 1971, c. 48, s. 161; 1977, c. 42, s. 6; 1978, c. 57, s. 1; 1979, c. 63, s. 255; 1986, c. 95, s. 9.

1980-01-10

55. Reports to the Commission made by a physician, practitioner or expert are confidential. No person may give or receive written or verbal communication of a report or otherwise have access to it except for the purposes of the application of this act or purposes of an inquiry held by a review board or the Commission des affaires sociales, except with the express or implied authorization of the beneficiary, or on a court order.

Notwithstanding the first paragraph, the Commission shall, if the employer so requires, communicate, to the physician designated by the employer, every report respecting an accident that he receives from a physician, practitioner or expert.

An establishment within the meaning of the Act respecting health services and social services (chapter S-5) must send to the Commission or to a physician it designates, on request, a copy, extract or abstract of the file of a beneficiary when the beneficiary applies to the Commission for a benefit under this act.

A worker to whom the Commission refuses access to his medical file or written or verbal communication of it, may by summary motion, apply to a judge of the Superior Court or the Provincial Court to obtain access to his file, or communication of it, as the case may be.

R. S. 1964, c. 159, s. 50; 1971, c. 48, s. 161; 1977, c. 42, s. 6; 1978, c. 57, s. 1; 1979, c. 63, s. 255.

1979-01-01

55. The reports to the Commission made by a physician, practitioner or expert, or by a hospital centre official, shall be confidential and privileged and, as such, cannot give rise to a claim for damages.

The Commission shall communicate to the physician designated by the injured person or to the physician designated by the employer, every medical or hospital report respecting the accident, if the injured person or, as the case may be, the employer so requests.

Where, under section 23 or 24, the Commission has requested that a worker submit himself for examination by an expert, it shall upon receipt of the expert’s report transmit copy thereof to the physicians designated by the worker and the employer.

R. S. 1964, c. 159, s. 50; 1971, c. 48, s. 161; 1977, c. 42, s. 6; 1978, c. 57, s. 1.

1977-12-31

55. The reports to the Commission made by a physician, practitioner or expert, or by a hospital centre official, shall be confidential and privileged and, as such, cannot give rise to a claim for damages.

The Commission shall communicate to the physician designated by the injured person or to the physician designated by the employer, every medical or hospital report respecting the accident, if the injured person or, as the case may be, the employer so requests.

Where, under section 23 or 24, the Commission has requested that a workman submit himself for examination by an expert, it shall upon receipt of the expert’s report transmit copy thereof to the physicians designated by the workman and the employer.

R. S. 1964, c. 159, s. 50; 1971, c. 48, s. 161; 1977, c. 42, s. 6.