Law / Canada / Northwest Territories
Health Information Act, review by the Information and Privacy Commissioner and offences
S.N.W.T. 2014, c. 2, ss. 141, 156, 192-194
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://www.justice.gov.nt.ca/en/files/legislation/health-information/health-information.a.pdfIn force since .
An enforcement supervision rule binding public and private bodies.
- Enforcement body
- Information and Privacy Commissioner
- Obligation class
- Governance, Reporting
As of .
What it requires
- Within 30 days after receiving a report of the Information and Privacy Commissioner that sets out recommendations, decide whether to follow them, give notice of the decision to the Commissioner, the individual who requested the review and the Minister, and tell the individual of the right of appeal if you decline any recommendation (s. 156(1)).
- Answer the Information and Privacy Commissioner's review of any decision, act or failure to act relating to an individual's access request or correction request (s. 141(1)-(2)).
- Comply with the Act and the regulations; a contravention is an offence (s. 192).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 192 makes contravention of the Act or the regulations an offence punishable on summary conviction; section 193 makes an officer, director, agent or employee of a corporation who directed, authorized or participated in the offence a party to it.
Penalty structure
Section 192 sets a fine not exceeding $500,000 for a corporation and not exceeding $50,000 for any other person, except as otherwise provided.
- Rule
- Fixed only
- As of
- Currency
- CAD
- Fixed cap
- 500,000
What this law does
An individual who makes an access request may ask the Information and Privacy Commissioner to review any decision, act or failure to act of a custodian that relates to the request. Where a report of the Commissioner sets out recommendations for action by a custodian, the custodian shall, within 30 days after receiving the report, decide whether or not to follow the recommendations.
Every person who contravenes or fails to comply with the Act or the regulations is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $500,000 in the case of a corporation or $50,000 in the case of any other person. An officer, director, agent or employee of a corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to it and is liable to the punishment provided for the offence. A prosecution may not be commenced more than three years after the day the alleged offence was committed.
When LexLint raises it
When your app profile says your app handles health records.