S-5 - Act respecting health services and social services for Cree Native persons

Section 7 Disposition versions

2022-09-22

7. The medical records of the beneficiaries in an institution shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an institution.

However, information contained in the record of a beneficiary may be communicated, in order to prevent an act of violence, including a suicide, without the consent of the beneficiary or an order of the court, where there is reasonable cause to believe that there is a serious risk of death or serious bodily injury threatening the beneficiary, another person or an identifiable group of persons and where the nature of the threat generates a sense of urgency. The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid. The information may be communicated only by a person or a person belonging to a class of persons authorized by the director of professional services or, failing such a director, by the executive director of the institution. The persons so authorized may only communicate such information as is necessary to achieve the purposes for which the information is communicated. The executive director of the institution must, by a directive, determine the terms and conditions according to which the information may be communicated. Every person authorized to communicate the information is required to comply with the directive.

For the purposes of the second paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

In addition, the director of professional services of an institution or, failing such a director, the executive director may authorize a professional to examine the record of a beneficiary for study, teaching or research purposes without the beneficiary’s consent. Before granting such authorization, the director must, however, ascertain that it is consistent with sections 67.2.1 to 67.2.3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and, where the director is of the opinion that the professional’s project is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization. The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics or scientific integrity.

Consent to a request for access to a beneficiary’s record for study, teaching or research purposes must be in writing ; in addition, it must be free and enlightened and given for specific purposes. Otherwise, it is without effect. It is valid only for the time required for the attainment of the purposes for which it was granted or, in the case of a research project approved by an ethics committee, for the period determined, where that is the case, by the ethics committee.

At the request of a beneficiary, an institution must, in accordance with the regulations, send a copy or summary of, or an extract from, the beneficiary’s record as soon as practicable to another institution or to a professional. However, where the request of the beneficiary is made for study, teaching or research purposes, the institution may require consent in writing, and the provisions of the preceding paragraph apply.

Where an institution provides a person with personal information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An institution may refuse for the moment to give communication to a beneficiary of personal information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the institution, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an institution refuses, for the moment, access to personal information concerning him may apply to a judge of the Superior Court, of the Court of Québec, or to the Commission d’accès à l’information, for a review of the decision. He may also, within 60 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of personal information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the beneficiary.

The ninth paragraph does not apply where the personal information was furnished by a health or social services professional or by a member of the staff of a health or social services institution.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112; 1988, c. 21, s. 138; 1992, c. 21, s. 375; 1997, c. 43, s. 742; 1999, c. 45, s. 4; 2001, c. 78, s. 15; 2006, c. 22, s. 177; I.N. 2016-01-01 (NCCP); 2017, c. 10, s. 36; 2021, c. 25, s. 171.

2017-05-30

7. The medical records of the beneficiaries in an institution shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an institution.

However, information contained in the record of a beneficiary may be communicated, in order to prevent an act of violence, including a suicide, without the consent of the beneficiary or an order of the court, where there is reasonable cause to believe that there is a serious risk of death or serious bodily injury threatening the beneficiary, another person or an identifiable group of persons and where the nature of the threat generates a sense of urgency. The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid. The information may be communicated only by a person or a person belonging to a class of persons authorized by the director of professional services or, failing such a director, by the executive director of the institution. The persons so authorized may only communicate such information as is necessary to achieve the purposes for which the information is communicated. The executive director of the institution must, by a directive, determine the terms and conditions according to which the information may be communicated. Every person authorized to communicate the information is required to comply with the directive.

For the purposes of the second paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

In addition, the director of professional services of an institution or, failing such a director, the executive director may, notwithstanding subparagraph 5 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), authorize a professional to examine the record of a beneficiary for study, teaching or research purposes without the beneficiary’s consent. Before granting such authorization, the director must, however, ascertain that the criteria determined under section 125 of that Act are satisfied and, where the director is of the opinion that the professional’s project is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization. The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics or scientific integrity.

Consent to a request for access to a beneficiary’s record for study, teaching or research purposes must be in writing ; in addition, it must be free and enlightened and given for specific purposes. Otherwise, it is without effect. It is valid only for the time required for the attainment of the purposes for which it was granted or, in the case of a research project approved by an ethics committee, for the period determined, where that is the case, by the ethics committee.

At the request of a beneficiary, an institution must, in accordance with the regulations, send a copy or summary of, or an extract from, the beneficiary’s record as soon as practicable to another institution or to a professional. However, where the request of the beneficiary is made for study, teaching or research purposes, the institution may require consent in writing, and the provisions of the preceding paragraph apply.

Where an institution provides a person with personal information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An institution may refuse for the moment to give communication to a beneficiary of personal information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the institution, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an institution refuses, for the moment, access to personal information concerning him may apply to a judge of the Superior Court, of the Court of Québec, or to the Commission d’accès à l’information, for a review of the decision. He may also, within 60 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of personal information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the beneficiary.

The ninth paragraph does not apply where the personal information was furnished by a health or social services professional or by a member of the staff of a health or social services institution.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112; 1988, c. 21, s. 138; 1992, c. 21, s. 375; 1997, c. 43, s. 742; 1999, c. 45, s. 4; 2001, c. 78, s. 15; 2006, c. 22, s. 177; I.N. 2016-01-01 (NCCP); 2017, c. 10, s. 36.

2016-01-01

7. The medical records of the beneficiaries in an institution shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an institution.

However, information contained in the record of a beneficiary may be communicated, in order to prevent an act of violence, including a suicide, without the consent of the beneficiary or an order of the court, where there is reasonable cause to believe that there is an imminent danger of death or serious bodily injury to the beneficiary, another person or an identifiable group of persons. The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid. The information may be communicated only by a person or a person belonging to a class of persons authorized by the director of professional services or, failing such a director, by the executive director of the institution. The persons so authorized may only communicate such information as is necessary to achieve the purposes for which the information is communicated. The executive director of the institution must, by a directive, determine the terms and conditions according to which the information may be communicated. Every person authorized to communicate the information is required to comply with the directive.

In addition, the director of professional services of an institution or, failing such a director, the executive director may, notwithstanding subparagraph 5 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), authorize a professional to examine the record of a beneficiary for study, teaching or research purposes without the beneficiary’s consent. Before granting such authorization, the director must, however, ascertain that the criteria determined under section 125 of that Act are satisfied and, where the director is of the opinion that the professional’s project is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization. The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics or scientific integrity.

Consent to a request for access to a beneficiary’s record for study, teaching or research purposes must be in writing ; in addition, it must be free and enlightened and given for specific purposes. Otherwise, it is without effect. It is valid only for the time required for the attainment of the purposes for which it was granted or, in the case of a research project approved by an ethics committee, for the period determined, where that is the case, by the ethics committee.

At the request of a beneficiary, an institution must, in accordance with the regulations, send a copy or summary of, or an extract from, the beneficiary’s record as soon as practicable to another institution or to a professional. However, where the request of the beneficiary is made for study, teaching or research purposes, the institution may require consent in writing, and the provisions of the preceding paragraph apply.

Where an institution provides a person with personal information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An institution may refuse for the moment to give communication to a beneficiary of personal information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the institution, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an institution refuses, for the moment, access to personal information concerning him may apply to a judge of the Superior Court, of the Court of Québec, or to the Commission d’accès à l’information, for a review of the decision. He may also, within 60 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of personal information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the beneficiary.

The ninth paragraph does not apply where the personal information was furnished by a health or social services professional or by a member of the staff of a health or social services institution.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112; 1988, c. 21, s. 138; 1992, c. 21, s. 375; 1997, c. 43, s. 742; 1999, c. 45, s. 4; 2001, c. 78, s. 15; 2006, c. 22, s. 177; I.N. 2016-01-01 (NCCP).

2006-06-14

7. The medical records of the beneficiaries in an institution shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an institution.

However, information contained in the record of a beneficiary may be communicated, in order to prevent an act of violence, including a suicide, without the consent of the beneficiary or an order of the court, where there is reasonable cause to believe that there is an imminent danger of death or serious bodily injury to the beneficiary, another person or an identifiable group of persons. The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid. The information may be communicated only by a person or a person belonging to a class of persons authorized by the director of professional services or, failing such a director, by the executive director of the institution. The persons so authorized may only communicate such information as is necessary to achieve the purposes for which the information is communicated. The executive director of the institution must, by a directive, determine the terms and conditions according to which the information may be communicated. Every person authorized to communicate the information is required to comply with the directive.

In addition, the director of professional services of an institution or, failing such a director, the executive director may, notwithstanding subparagraph 5 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), authorize a professional to examine the record of a beneficiary for study, teaching or research purposes without the beneficiary’s consent. Before granting such authorization, the director must, however, ascertain that the criteria determined under section 125 of that Act are satisfied and, where the director is of the opinion that the professional’s project is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization. The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics or scientific integrity.

Consent to a request for access to a beneficiary’s record for study, teaching or research purposes must be in writing ; in addition, it must be free and enlightened and given for specific purposes. Otherwise, it is without effect. It is valid only for the time required for the attainment of the purposes for which it was granted or, in the case of a research project approved by an ethics committee, for the period determined, where that is the case, by the ethics committee.

At the request of a beneficiary, an institution must, in accordance with the regulations, send a copy or summary of, or an extract from, the beneficiary’s record as soon as practicable to another institution or to a professional. However, where the request of the beneficiary is made for study, teaching or research purposes, the institution may require consent in writing, and the provisions of the preceding paragraph apply.

Where an institution provides a person with personal information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An institution may refuse for the moment to give communication to a beneficiary of personal information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the institution, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an institution refuses, for the moment, access to personal information concerning him may, by way of a motion, apply to a judge of the Superior Court, of the Court of Québec, or to the Commission d’accès à l’information, for a review of the decision. He may also, within 60 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of personal information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the beneficiary.

The ninth paragraph does not apply where the personal information was furnished by a health or social services professional or by a member of the staff of a health or social services institution.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112; 1988, c. 21, s. 138; 1992, c. 21, s. 375; 1997, c. 43, s. 742; 1999, c. 45, s. 4; 2001, c. 78, s. 15; 2006, c. 22, s. 177.

2001-12-20

7. The medical records of the beneficiaries in an institution shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an institution.

However, information contained in the record of a beneficiary may be communicated, in order to prevent an act of violence, including a suicide, without the consent of the beneficiary or an order of the court, where there is reasonable cause to believe that there is an imminent danger of death or serious bodily injury to the beneficiary, another person or an identifiable group of persons. The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid. The information may be communicated only by a person or a person belonging to a class of persons authorized by the director of professional services or, failing such a director, by the executive director of the institution. The persons so authorized may only communicate such information as is necessary to achieve the purposes for which the information is communicated. The executive director of the institution must, by a directive, determine the terms and conditions according to which the information may be communicated. Every person authorized to communicate the information is required to comply with the directive.

In addition, the director of professional services of an institution or, failing such a director, the executive director may, notwithstanding subparagraph 5 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), authorize a professional to examine the record of a beneficiary for study, teaching or research purposes without the beneficiary’s consent. Before granting such authorization, the director must, however, ascertain that the criteria determined under section 125 of that Act are satisfied and, where the director is of the opinion that the professional’s project is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization. The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics or scientific integrity.

Consent to a request for access to a beneficiary’s record for study, teaching or research purposes must be in writing ; in addition, it must be free and enlightened and given for specific purposes. Otherwise, it is without effect. It is valid only for the time required for the attainment of the purposes for which it was granted or, in the case of a research project approved by an ethics committee, for the period determined, where that is the case, by the ethics committee.

At the request of a beneficiary, an institution must, in accordance with the regulations, send a copy or summary of, or an extract from, the beneficiary’s record as soon as practicable to another institution or to a professional. However, where the request of the beneficiary is made for study, teaching or research purposes, the institution may require consent in writing, and the provisions of the preceding paragraph apply.

Where an institution provides a person with nominative information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An institution may refuse for the moment to give communication to a beneficiary of nominative information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the institution, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an institution refuses, for the moment, access to nominative information concerning him may, by way of a motion, apply to a judge of the Superior Court, of the Court of Québec, or to the Commission d’accès à l’information, for a review of the decision. He may also, within 60 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of nominative information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the recipient.

The ninth paragraph does not apply where the nominative information was furnished by a health or social services professional or by a member of the staff of a health or social services institution.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112; 1988, c. 21, s. 138; 1992, c. 21, s. 375; 1997, c. 43, s. 742; 1999, c. 45, s. 4; 2001, c. 78, s. 15.

2000-01-01

7. The medical records of the beneficiaries in an institution shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an institution.

However, the director of professional services of an institution or, failing such a director, the executive director may, notwithstanding subparagraph 5 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), authorize a professional to examine the record of a beneficiary for study, teaching or research purposes without the beneficiary’s consent. Before granting such authorization, the director must, however, ascertain that the criteria determined under section 125 of that Act are satisfied and, where the director is of the opinion that the professional’s project is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization. The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics or scientific integrity.

Consent to a request for access to a beneficiary’s record for study, teaching or research purposes must be in writing ; in addition, it must be free and enlightened and given for specific purposes. Otherwise, it is without effect. It is valid only for the time required for the attainment of the purposes for which it was granted or, in the case of a research project approved by an ethics committee, for the period determined, where that is the case, by the ethics committee.

At the request of a beneficiary, an institution must, in accordance with the regulations, send a copy or summary of, or an extract from, the beneficiary’s record as soon as practicable to another institution or to a professional. However, where the request of the beneficiary is made for study, teaching or research purposes, the institution may require consent in writing, and the provisions of the preceding paragraph apply.

Where an institution provides a person with nominative information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An institution may refuse for the moment to give communication to a beneficiary of nominative information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the institution, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an institution refuses, for the moment, access to nominative information concerning him may, by way of a motion, apply to a judge of the Superior Court, of the Court of Québec, or to the Commission d’accès à l’information, for a review of the decision. He may also, within 60 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of nominative information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the recipient.

The eighth paragraph does not apply where the nominative information was furnished by a health or social services professional or by a member of the staff of a health or social services institution.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112; 1988, c. 21, s. 138; 1992, c. 21, s. 375; 1997, c. 43, s. 742; 1999, c. 45, s. 4.

1999-04-01

7. The medical records of the beneficiaries in an institution shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an institution.

A professional, however, may examine such records for study, teaching or research, notwithstanding subparagraph 5 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), with the permission of the director of professional services of the institution which keeps such records or, failing such a director, with the permission of the executive director, in accordance with the criteria established in section 125 of the said Act.

A beneficiary shall have the right to obtain that the institution send to another institution or to a physician or dentist designated by him, a copy, extract or abstract of his record, in accordance with the regulations.

Where an institution provides a person with nominative information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An institution may refuse for the moment to give communication to a beneficiary of nominative information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the institution, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an institution refuses, for the moment, access to nominative information concerning him may, by way of a motion, apply to a judge of the Superior Court, of the Court of Québec, or to the Commission d’accès à l’information, for a review of the decision. He may also, within 60 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of nominative information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the recipient.

The seventh paragraph does not apply where the nominative information was furnished by a health or social services professional or by a member of the staff of a health or social services institution.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112; 1988, c. 21, s. 138; 1992, c. 21, s. 375; 1997, c. 43, s. 742.

1992-10-01

7. The medical records of the beneficiaries in an institution shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an institution.

A professional, however, may examine such records for study, teaching or research, notwithstanding subparagraph 5 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), with the permission of the director of professional services of the institution which keeps such records or, failing such a director, with the permission of the executive director, in accordance with the criteria established in section 125 of the said Act.

A beneficiary shall have the right to obtain that the institution send to another institution or to a physician or dentist designated by him, a copy, extract or abstract of his record, in accordance with the regulations.

Where an institution provides a person with nominative information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An institution may refuse for the moment to give communication to a beneficiary of nominative information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the institution, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an institution refuses, for the moment, access to nominative information concerning him may, by way of a motion, apply to a judge of the Superior Court, of the Court of Québec, or to the Commission, for a review of the decision. He may also apply to the Commission d’accès à l’information.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of nominative information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the recipient.

The seventh paragraph does not apply where the nominative information was furnished by a health or social services professional or by a member of the staff of a health or social services institution.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112; 1988, c. 21, s. 138; 1992, c. 21, s. 375.

1988-08-31

7. The medical records of the beneficiaries in an establishment shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an establishment.

A professional, however, may examine such records for study, teaching or research, notwithstanding subparagraph 5 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), with the permission of the director of professional services of the establishment which keeps such records or, failing such a director, with the permission of the director general, in accordance with the criteria established in section 125 of the said Act.

A beneficiary shall have the right to obtain that the establishment send to another establishment or to a physician or dentist designated by him, a copy, extract or abstract of his record, in accordance with the regulations.

Where an establishment provides a person with nominative information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An establishment may refuse for the moment to give communication to a beneficiary of nominative information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the establishment, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an establishment refuses, for the moment, access to nominative information concerning him may, by way of a motion, apply to a judge of the Superior Court, of the Court of Québec, or to the Commission, for a review of the decision. He may also apply to the Commission d’accès à l’information.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of nominative information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the recipient.

The seventh paragraph does not apply where the nominative information was furnished by a health or social services professional or by a member of the staff of a health or social services establishment.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112; 1988, c. 21, s. 138.

1987-12-31

7. The medical records of the beneficiaries in an establishment shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an establishment.

A professional, however, may examine such records for study, teaching or research, notwithstanding subparagraph 5 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), with the permission of the director of professional services of the establishment which keeps such records or, failing such a director, with the permission of the director general, in accordance with the criteria established in section 125 of the said Act.

A beneficiary shall have the right to obtain that the establishment send to another establishment or to a physician or dentist designated by him, a copy, extract or abstract of his record, in accordance with the regulations.

Where an establishment provides a person with nominative information of a medical or social nature concerning him contained in his record, it shall, upon the request of the beneficiary, provide him with the assistance of a professional qualified to help him understand the information.

An establishment may refuse for the moment to give communication to a beneficiary of nominative information concerning him contained in his record where, in the opinion of his attending physician, it will likely be seriously prejudicial to his health. In such a case, the establishment, on the recommendation of the attending physician, shall determine when the information may be communicated and shall inform the beneficiary.

A beneficiary to whom an establishment refuses, for the moment, access to nominative information concerning him may, by way of a motion, apply to a judge of the Superior Court, of the Provincial Court, of the Court of the Sessions of the Peace or of the Youth Court, or to the Commission, for a review of the decision. He may also apply to the Commission d’accès à l’information.

Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information, no beneficiary has the right to be informed of the existence or to take communication of nominative information concerning him given by a third person which is contained in his record, where knowledge of the existence thereof or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of such information and the source thereof to the recipient.

The seventh paragraph does not apply where the nominative information was furnished by a health or social services professional or by a member of the staff of a health or social services establishment.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306; 1987, c. 68, s. 112.

1987-02-15

7. The medical records of the beneficiaries in an establishment shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in cases where an Act or regulation provides that such communication is necessary for its administration. The same shall apply to the records of beneficiaries receiving social services from an establishment.

A professional, however, may examine such records for study, teaching or research, with the permission of the director of professional services of the establishment which keeps such records or, failing such a director, with the permission of the director general, in accordance with the criteria established in section 125 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

A beneficiary to whom an establishment refuses access to his record or refuses to give written or verbal communication of it may, on summary motion, apply to a judge of the Superior Court, Provincial Court, Court of the Sessions or Youth Court or to the Commission, to obtain access to or communication of it, as the case may be.

The judge shall order such establishment to give such beneficiary access to his record, or communication of it, as the case may be, unless he is of opinion that it would be seriously prejudicial to the health of such beneficiary to examine his record.

A beneficiary shall have the right to obtain that the establishment send to another establishment or to a physician or dentist designated by him, a copy, extract or abstract of his record, in accordance with the regulations.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6; 1986, c. 95, s. 306.

1986-08-09

7. The medical records of the beneficiaries in an establishment shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the beneficiary, or on the order of a court, or the coroner exercising his duties or in other cases provided for by the law or the regulations. The same shall apply to the records of beneficiaries receiving social services from an establishment.

A professional, however, may examine such records for study, teaching or research, with the permission of the director of professional services of the establishment which keeps such records or, failing such a director, with the permission of the director general.

A beneficiary to whom an establishment refuses access to his record or refuses to give written or verbal communication of it may, on summary motion, apply to a judge of the Superior Court, Provincial Court, Court of the Sessions or Youth Court or to the Commission, to obtain access to or communication of it, as the case may be.

The judge shall order such establishment to give such beneficiary access to his record, or communication of it, as the case may be, unless he is of opinion that it would be seriously prejudicial to the health of such beneficiary to examine his record.

A beneficiary shall have the right to obtain that the establishment send to another establishment or to a physician or dentist designated by him, a copy, extract or abstract of his record, in accordance with the regulations.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206; 1986, c. 57, s. 6.

1986-03-03

7. The medical records of the recipients in an establishment shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the recipient, or on the order of a court, or the coroner exercising his duties or in other cases provided for by the law or the regulations. The same shall apply to the records of recipients receiving social services from an establishment.

A professional, however, may examine such records for study, teaching or research, with the permission of the director of professional services of the establishment which keeps such records or, failing such a director, with the permission of the general manager.

A recipient to whom an establishment refuses access to his record or refuses to give written or verbal communication of it may, on summary motion, apply to a judge of the Superior Court, Provincial Court, Court of the Sessions or Youth Court or to the Commission, to obtain access to or communication of it, as the case may be.

The judge shall order such establishment to give such recipient access to his record, or communication of it, as the case may be, unless he is of opinion that it would be seriously prejudicial to the health of such recipient to examine his record.

A recipient shall have the right to obtain that the establishment send to another establishment or to a physician or dentist designated by him, a copy, extract or abstract of his record, in accordance with the regulations.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138; 1983, c. 41, s. 206.

1978-04-01

7. The medical records of the recipients in an establishment shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the recipient, or on the order of a court, or in other cases provided for by the law or the regulations. The same shall apply to the records of recipients receiving social services from an establishment.

A professional, however, may examine such records for study, teaching or research, with the permission of the director of professional services of the establishment which keeps such records or, failing such a director, with the permission of the general manager.

A recipient to whom an establishment refuses access to his record or refuses to give written or verbal communication of it may, on summary motion, apply to a judge of the Superior Court, Provincial Court, Court of the Sessions or Youth Court or to the Commission, to obtain access to or communication of it, as the case may be.

The judge shall order such establishment to give such recipient access to his record, or communication of it, as the case may be, unless he is of opinion that it would be seriously prejudicial to the health of such recipient to examine his record.

A recipient shall have the right to obtain that the establishment send to another establishment or to a physician or dentist designated by him, a copy, extract or abstract of his record, in accordance with the regulations.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2; 1977, c. 20, s. 138.

1977-12-31

7. The medical records of the recipients in an establishment shall be confidential. No person shall give or take verbal or written communication of them or otherwise have access to them, even for an inquiry, except with the express or implied consent of the recipient, or on the order of a court, or in other cases provided for by the law or the regulations. The same shall apply to the records of recipients receiving social services from an establishment.

A professional, however, may examine such records for study, teaching or research, with the permission of the director of professional services of the establishment which keeps such records or, failing such a director, with the permission of the general manager.

A recipient to whom an establishment refuses access to his record or refuses to give written or verbal communication of it may, on summary motion, apply to a judge of the Superior Court, Provincial Court, Court of the Sessions or Social Welfare Court or to the Commission, to obtain access to or communication of it, as the case may be.

The judge shall order such establishment to give such recipient access to his record, or communication of it, as the case may be, unless he is of opinion that it would be seriously prejudicial to the health of such recipient to examine his record.

A recipient shall have the right to obtain that the establishment send to another establishment or to a physician or dentist designated by him, a copy, extract or abstract of his record, in accordance with the regulations.

1971, c. 48, s. 7; 1974, c. 42, s. 3; 1975, c. 61, s. 1; 1977, c. 48, s. 2.