Law / Canada / Prince Edward Island
Health Information Act, prohibitions, offences and penalties
R.S.P.E.I. 1988, c. H-1.41, ss. 78-79
In force since .
An enforcement supervision rule binding public and private bodies.
- Obligation class
- Prohibition, Governance
As of .
What it requires
- Do not collect, use or disclose personal health information in contravention of the Act, and do not attempt to gain or gain access to it in contravention of the Act (s. 78(1)(a), (b)).
- Do not sell personal health information or disclose it for consideration, except that a custodian may do so where essential to the sale or disposition of a health care provider's practice or a health care facility's business as a going concern, to another custodian (s. 78(3)(b), (4)).
- Do not destroy, alter, falsify or conceal personal health information with the intent to evade an access request or to affect the outcome of an audit or investigation (s. 78(1)(f), (g)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 79(1)(a) makes a contravention by an individual punishable on summary conviction by imprisonment for not more than six months, alone or with a fine of not more than $15,000.
Penalty structure
Section 79(1) sets the fine at not more than $50,000 for a corporation and not more than $15,000, or imprisonment for not more than six months, or both, for an individual.
- Rule
- Fixed only
- As of
- Currency
- CAD
- Fixed cap
- 50,000
What this law does
No person may collect, use or disclose personal health information in contravention of the Act, or attempt to gain or gain access to personal health information in contravention of the Act. A person commits an offence by selling personal health information, or disclosing it for consideration, subject to subsection 78(4). Every person who contravenes a provision of the Act or the regulations, or fails to comply with an order of the Commissioner, is guilty of an offence.
On summary conviction an individual is liable to a fine of not more than $15,000 or imprisonment for not more than six months, or both. On summary conviction a corporation is liable to a fine of not more than $50,000. A continuing contravention is a separate offence for each day or part of a day on which it continues. No prosecution may be commenced more than two years after the discovery of the alleged offence. The Act was brought into force on .
When LexLint raises it
When your app profile says your app handles health records.