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NEWFOUNDLAND AND LABRADOR
REGULATION 11/07

Access to Information Regulations
under the
Access to Information and Protection of Privacy Act
(O.C. 2007-014)

Amended by:

2008 cP-7.01 s92
72/09
2010 cC-12.2 s85
2011 cA-4.01 s35
2013 cA-3.1 s89

2014 c23 s2 [Rep 2015 cA-1.2 s133]

2015 cA-1.2 s136

NEWFOUNDLAND AND LABRADOR
REGULATION 11/07

Access to Information Regulations
under the
Access to Information and Protection of Privacy Act
(O.C. 2007-014)

(Filed January 17, 2007 )

Under the authority of section 73 of the Access to Information and Protection of Privacy Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , January 17, 2007 .

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Access to Information Regulations .

11/07 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Access to Information and Protection of Privacy Act ; and

             (b)  "health care provider" means a medical practitioner, psychologist, registered nurse, nurse practitioner or social worker.

11/07 s2

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Non-application of regulations

      2.1 Sections 3 and 4 do not apply where

             (a)  the public body referred to in either of those sections is a custodian within the meaning of the Personal Health Information Act ; and

             (b)  the information referred to in either of those sections is personal health information within the meaning of the Personal Health Information Act .

2008 cP-7.01 s92

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Disclosure of health information

        3. (1) For the purpose of section 26 of the Act, the head of a public body may disclose information relating to the mental or physical health of an applicant or other person to a health care provider for an opinion on whether disclosure of the information could reasonably be expected to result in grave and immediate harm to the safety or mental or physical health of the applicant or the other person.

             (2)  A health care provider to whom information is disclosed under subsection (1) shall not disclose or use the information except for the purpose of that subsection, and shall return any records disclosed to him or her to the head of the public body after giving an opinion.

             (3)  The head of a public body may require a health care provider to whom information is disclosed under subsection (1) to

             (a)  enter into a confidentiality agreement; or

             (b)  examine the record containing the information on the premises of the public body.

             (4)  The head of a public body may recommend that an applicant who makes a request for access to a record containing information relating to the applicant's mental or physical health should not examine the record until a health care provider or a member of the applicant's family is present to assist the applicant in understanding the information in the record.

11/07 s3

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Rep. by
2015 cA-1.2 s136

        4. [Rep. by 2015 cA-1.2 s136]

2015 cA-1.2 s136

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Rep. by
2015 cA-1.2 s136

        5. [Rep. by 2015 cA-1.2 s136]

2015 cA-1.2 s136