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Mandatory Notice Requirements under PHIPA and Public Consultation on Proposed Regulation Regarding Notices to the Commissioner
The Information and Privacy Commissioner (IPC) has always strongly encouraged health information custodians (HICs) to report privacy breaches to its office, particularly where they may have broader implications. Although the Personal Health Information Protection Act, 2004 (PHIPA) prescribes mandatory notification...
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Stakeholder Consultation on Regulatory Changes to Expand CPSO Oversight of Fertility Services
In February 2017, the Council of the College of Physicians and Surgeons of Ontario (“CPSO”) approved revised proposed regulatory amendments to Part XI of Ontario Regulation 114/94 to the Medicine Act, 1991, which pertain to the “Inspection of Premises Where...
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Bill 87, the Protecting Patients Act, 2016, Proposes Amendments to the Sexual Abuse Provisions in the Regulated Health Professions Act
Bill 87, the Protecting Patients Act, 2016 (Ontario) (“Bill 87”), passed First Reading on December 8, 2016 and, if passed, will amend or repeal five different statutes, including the Regulated Health Professions Act, 1991 (“RHPA”). The proposed amendments to the RHPA...
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Public Consultation on Proposed Regulatory Amendments to Make LHINs Health Information Custodians under the Personal Health Information Protection Act, 2004
The Patients First Act, 2016 (also known as “Bill 41”) was passed on December 7, 2016 and received Royal Assent the following day. A recent Health Communiqué, Patients First Act, 2016 Becomes Law in Ontario provides a summary of some...
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Bill 84 Legislates Medically Assisted Dying in Ontario
Bill 84, the Medical Assistance in Dying Statute Law Amendment Act, 2016, passed First Reading on December 7, 2016. The new bill would amend various provincial statutes in keeping with the recent amendments to the Criminal Code that legalized medical...
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Patients First Act, 2016 Becomes Law in Ontario
Bill 41, the Patients First Act, 2016 (formerly known as Bill 210) (the “Act”), was reintroduced in the Ontario Legislative Assembly on October 6, 2016 and received Royal Assent on December 8, 2016, following public hearings held by the Standing...
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Confronting the Opioid Crisis
The Lawyers Weekly
Opioid misuse and abuse is a serious societal problem and public health threat. Globally, Canada is second only to the United States in per capita consumption of prescription opioids; painkillers such as oxycodone, hydrocodone, fentanyl and morphine. This has led to a significant...
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Case Brief: Cambie Surgeries Corp. v. Medical Services Commission of British Columbia – Chaoulli Revisited
The Cambie Surgeries case continues in the BC Courts. This case will likely have widespread repercussions across Canadian healthcare. On January 28, 2009, a private clinic, the Cambie Surgeries Corp., along with a couple of individual plaintiffs, filed a Charter...
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Disruptive Behaviour By Physicians: Further Perspectives on an Old Issue
In today’s health care environment of collaborative patient care and an emphasis on the safety of patients, staff and others, health care institutions are expected to be proactive in identifying, preventing and managing disruptive behaviour. Disruptive behaviour by anyone in...
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Workplace Violence – Part 1: Are you doing enough to protect your employees from workplace violence?
Two decisions of Ontario Provincial Courts this summer, highlight the increasing importance that the Courts, the Ministry of Labour, employers and employees are placing on the need to protect workers from incidents of workplace violence. On July 15, 2016, after...