Health Information Regulation
This regulation sets rules for health information custodians, including affiliate designation, consent authentication, security safeguards, cross-border agreements, breach notices, access fees, and some fee limits.
- Jurisdiction
- Canada — Alberta
- Instrument
- Regulation
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This page preserves the statute’s identified version, provision structure, official source link, and stored legal text for reading and research.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Health Information Regulation
Showing 1 of 1
- § Verify source ↗
Health Information Regulation
This regulation sets rules for health information custodians, including affiliate designation, consent authentication, security safeguards, cross-border agreements, breach notices, access fees, and some fee limits.
(Consolidated up to 119/2026) ALBERTA REGULATION 70/2001 Health Information Act HEALTH INFORMATION REGULATION Table of Contents 1 Definitions 2 Individual, board, council, etc. designated as custodian 2.1 Designating custodian as affiliate 3 Registration information 3.1 Exclusion from definition of health service 4 Child, Youth and Family Enhancement Act 5 Collection of personal health number 6 Additional consent requirements 7.1 Disclosure of information 7.2 Information manager agreement 8 Security of health information 8.1 Assessment of risk of harm 8.2 Notice of loss or unauthorized access or disclosure 8.3 Notice to Commissioner of decision not to give notice 9 Fees 10 Fees for health information 11 Estimate of fees 12 Payment of fees 13 Applicant excused from paying fee 14 Expiry 15 Coming into force Schedule Definitions 1 In this Regulation, (a) repealed AR 113/2026 s2; (b) “emergency response dispatch services” means the following dispatch services provided by an emergency response services dispatcher: (i) receiving requests for emergency response services; (ii) in response to a request, (A) gathering information, (B) evaluating the request, (C) providing assistance, and (D) dispatching and supporting emergency response services; (c) “emergency response services” means services dispatched by an emergency response services dispatcher in response to an emergency and includes ground ambulance services, air ambulance services, fire services and police services; (d) “emergency response services dispatcher” means a person who provides emergency response dispatch services and includes 911 operators. AR 70/2001 s1;155/2010;113/2026 Individual, board, council, etc. designated as custodian 2 For the purpose of section 1(1)(f)(xiv) of the Act, each of the following are designated as a custodian: (a) a committee established under section 18(4)(a) of the Alberta Health Care Insurance Act to prepare a report or make recommendations respecting the reassessment of a claim; (b) the Compassionate Intervention Commission established under the Compassionate Intervention Act ; (c) Covenant Health, being the entity defined as the corporation under the Covenant Health Act ; (d) the Health Advocate as defined in the Alberta Health Act ; (e) the Hospital Privileges Appeal Board continued under the Provincial Health Agencies Act ; (f) the Mental Health Patient Advocate as referred to in the Mental Health Act ; (g) a family care clinic approved by the Minister that is not operated by a provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act ; (h) the Out‑of‑Country Health Services Appeal Panel continued under the Out‑of‑Country Health Services Regulation (AR 78/2006) made under the Alberta Health Care Insurance Act ; (i) the Out‑of‑Country Health Services Committee continued under the Out‑of‑Country Health Services Regulation (AR 78/2006) made under the Alberta Health Care Insurance Act ; (j) a review panel appointed under the Mental Health Act . AR 70/2001 s2;14/2007;119/2010;155/2010;168/2013;49/2014; 59/2023;125/2024;216/2024;291/2025;113/2026 Designating custodian as affiliate 2.1 (1) A custodian who wishes to become an affiliate of another custodian must, in the form approved by the Minister, apply to the Minister for a designation. (2) A custodian may not apply under subsection (1) unless the custodian has first obtained written consent from the other custodian to become its affiliate. (3) On receiving an application described in subsection (1), the Minister may make an order designating the custodian as the affiliate of another custodian if the Minister is of the opinion that it is appropriate to make the order, having regard to (a) the public interest, (b) the ability of the applicant to provide individuals with reasonable access to their personal health information, (c) the ability of the applicant to comply with the Act, and (d) whether designating the applicant as an affiliate will improve the efficiency and effectiveness of applying the Act. (4) An affiliate wishing to resume its duties as a custodian may do so by providing the Minister with written notice in the form approved by the Minister. AR 119/2010 s3 Registration information 3 The following information, where applicable, relating to an individual is registration information for the purposes of section 1(1)(u) of the Act: (a) demographic information, including the following: (i) name, in any form; (ii) signature; (iii) photograph or electronic image of the individual’s face for identification purposes; (iv) personal health number or any other unique identification number that is used to identify the individual as eligible for, or a recipient of, a health service; (v) gender; (vi) date of birth; (vii) birth information, including (A) the birth facility, and (B) birth order, in the case of a multiple birth; (viii) marital status; (ix) date of death; (x) treaty status, including band number; (xi) whether the individual is a registrant or a dependant of a registrant under the Health Insurance Premiums Act ; (b) location, residency and telecommunications information, including the following: (i) home, business and mailing addresses, electronic address and telecommunications numbers; (ii) health regions under the Provincial Health Agencies Act in which the individual resides and previously resided; (iii) citizenship or immigration status, including the date on which the individual’s current immigration status expires if the individual is not a Canadian citizen or landed immigrant; (iv) date of entry into Canada and into Alberta; (v) province or country of birth or of last residence; (vi) date on which the individual became or expects to become a permanent resident of Canada; (vii) in the event the individual is registered as a registrant or dependant under the Health Insurance Premiums Act and the individual intends to be temporarily or permanently absent from Alberta, (A) date of departure; (B) destination and intended date of arrival at the destination; (C) forwarding address; (D) intended date of return, where the individual intends to be temporarily absent; (E) purpose of absence; (c) health service eligibility information, including the following: (i) whether the individual is registered as a registrant or dependant under the Health Insurance Premiums Act ; (ii) whether the individual is eligible to receive health services that are directly or indirectly paid for by the Government of Alberta, in full or in part; (iii) whether the individual has elected to opt out of the Alberta Health Care Insurance Plan and the Insured Hospital Services Plan; (iv) whether the individual is exempt from the requirement to register under the Health Insurance Premiums Act ; (v) whether the individual is exempt from the requirement to pay premiums under the Health Insurance Premiums Act ; (vi) whether the individual is eligible to receive a reduction or waiver of premiums or charges payable in respect of health services and the level or amount, or both, of that reduction or waiver; (vii) information about any program of a custodian that is related to the information described in subclauses (i) to (vi), including the effective and termination dates of the program and, if applicable, the program name; (d) billing information, including the following: (i) information about amounts owed by the individual to the custodian; (ii) method of payment; (iii) the individual’s account number; (iv) if another person is liable for or will be billed for the amount owed by the individual, that person’s name and account number. AR 70/2001 s3;125/2024;291/2025 Exclusion from definition of health service 3.1 For the purposes of section 1(1)(m) of the Act, the following services are excluded from the definition of health service: (a) the review, interpretation or assessment by a health services provider of (i) results from a drug or alcohol test performed on a bodily substance from an individual, but only to the extent necessary or reasonably required to determine the individual’s fitness to work, (ii) results (A) from medical, health or biological monitoring of an individual, or (B) from medical or health surveillance of an individual, but only to the extent necessary or reasonably required to protect the health of workers or to determine the individual’s fitness to work, or (iii) results from a medical or health assessment of an individual, but only to the extent necessary or reasonably required to determine the individual’s fitness to work; (b) the review, interpretation or assessment of health information about workers collected under the Occupational Health and Safety Act by the Director of Medical Services for the purposes of protecting the health and safety of workers; (c) an independent medical examination of an individual, or a review of the health information of an individual, by a health services provider who is not involved in the treatment and care of the individual for the purpose of determining benefits or coverage, or both, for insurance purposes; (d) services, including parenting psychological assessments, neuro‑psychological assessments and individual or group counselling, provided by psychologists to children and families at the request of a director under the Child, Youth and Family Enhancement Act ; (e) the review, interpretation or assessment by a health services provider of results from a drug or alcohol test performed by a laboratory on a bodily substance from an individual at the request of a director under the Child, Youth and Family Enhancement Act ; (f) emergency response dispatch services. AR 119/2010 s4;155/2010 Child, Youth and Family Enhancement Act 4 Section 4 of the Child, Youth and Family Enhancement Act prevails despite the Act. AR 70/2001 s4;251/2001;8/2005 Collection of personal health number 5 (1) In this section, (a) “combined certificate” means a document deemed under section 23.7 of the Health Insurance Premiums Act to be a certificate of registration that is in the form of an identification card or an operator’s licence that displays a resident’s personal health number; (b) “identification card” means an identification card issued under section 17(2) of Schedule 12 to the Government Organization Act and includes a receipt issued on application for an identification card or a renewal of an identification card; (c) “insurer” means (i) an insurer licensed under the Insurance Act , and (ii) the ABC Benefits Corporation; (d) “operator’s licence” means an operator’s licence as defined in the Traffic Safety Act and includes an interim operator’s licence and a final operator’s licence issued under that Act; (e) “Registrar of Motor Vehicle Services” means the Registrar of Motor Vehicle Services appointed under the Traffic Safety Act and includes any person who, on the directions of the Registrar, is acting on behalf of the Registrar of Motor Vehicle Services. (2) The following persons are authorized for the following purposes to require an individual to provide the individual’s personal health number: (a) the Students Finance Board for the purpose of administering student health benefits programs; (b) lawyers and insurers for the purpose of enforcing the Crown’s right of recovery under the Crown’s Right of Recovery Act ; (c) insurers for the purpose of facilitating the handling, assessing and payment of claims for benefits; (d) The Workers’ Compensation Board for the purpose of facilitating the handling, assessing and payment of claims for benefits; (e) ambulance attendants and ambulance operators under the Emergency Health Services Act for the purpose of providing treatment and care to individuals and seeking reimbursement for providing those services from the Alberta Blue Cross Plan; (f) the Minister of Public Safety and Emergency Services for the purpose of providing health services to an inmate outside of a correctional institution; (g) repealed AR 170/2012 s13; (g.1) repealed AR 60/2018 s2; (g.2) the Minister of Justice for the purpose of administering the registry established pursuant to section 34(c) of the Personal Directives Act ; (g.3) the Minister of Assisted Living and Social Services for the purpose of administering the Assured Income for the Severely Handicapped Program; (h) the Minister of Assisted Living and Social Services for the purpose of administering the income and employment programs of the Department of Assisted Living and Social Services; (h.1) the Minister responsible for the Seniors Benefit Act , the Seniors’ Home Adaptation and Repair Act and the Seniors’ Property Tax Deferral Act for the purpose of administering those Acts; (h.2) the Minister of Service Alberta and Red Tape Reduction and the Registrar of Motor Vehicle Services for the purpose of issuing to the individual a combined certificate that is in the form of an identification card; (h.3) the Minister of Service Alberta and Red Tape Reduction, the Minister of Transportation and Economic Corridors and the Registrar of Motor Vehicle Services for the purpose of issuing to the individual a combined certificate that is in the form of an operator’s licence; (i) persons, other than custodians, who provide health services to individuals for the purpose of seeking reimbursement for providing those services from the Alberta Health Care Insurance Plan. AR 70/2001 s5;105/2005;212/2005;14/2007;35/2007; 68/2008;196/2008;119/2010;31/2012;170/2012; 168/2013;107/2016;60/2018; 216/2022;158/2025; 113/2026;119/2026 Additional consent requirements 6 For the purpose of section 34(2)(e) of the Act, each of the following is an additional requirement: (a) in the case of consent that is given electronically, the custodian must ensure that the level of authentication of the consent is sufficient to identify the individual who gives the consent; (b) in the case of consent that is given orally, (i) the custodian must set out in their privacy management program the purposes for which the custodian will accept consent that is given orally, (ii) the purpose for which the custodian seeks consent is a purpose referred to in subclause (i), (iii) the custodian must authenticate the identity of the individual who gives the consent orally in a manner that is reliable for the purpose of (A) verifying the identity of the individual, and (B) associating the consent with the individual, and (iv) the custodian must record the consent in a manner that is (A) accessible to the custodian at a later time, and (B) capable of being retained by the custodian for a period of 10 years. AR 70/2001 s6;113/2026 7 Repealed AR 113/2026 s6. Disclosure of information 7.1 For the purposes of section 46(1)(b) of the Act and health system management, program planning and resource allocation, the Minister or the Department may request a health service provider that dispenses drugs to a patient to provide the following information to the Minister or the Department, as the case may be: (a) the name of the patient; (b) the gender of the patient; (c) the personal health number of the patient; (d) the date of birth of the patient; (e) the unique product identifier of the drug dispensed; (f) the dosage details of the drug dispensed; (g) the dispensing details of the drug dispensed; (h) the prescription details of the drug dispensed; (i) the identification number of the health services provider who prescribed the drug; (j) the identification number of the health services provider who dispensed the drug. AR 14/2007 s4 Information manager agreement 7.2 For the purposes of section 66(2) of the Act, an agreement between a custodian and an information manager must (a) identify the objectives of the agreement and the principles to guide the agreement, (b) indicate whether or not the information manager is permitted to collect health information from any other custodian or from a person and, if so, describe that health information and the purpose for which it may be collected, (c) indicate whether or not the information manager may use health information provided to it by the custodian and, if so, describe that health information and the purpose for which it may be used, (d) indicate whether or not the information manager may disclose health information provided to it by the custodian and, if so, describe that health information and the purpose for which it may be disclosed, (e) describe the process for the information manager to respond to access requests under Part 2 of the Act or, if the information manager is not to respond to access requests, describe the process for referring access requests for health information to the custodian itself, (f) describe the process for the information manager to respond to requests to amend or correct health information under Part 2 of the Act or, if the information manager is not to respond to requests to amend or correct health information, describe the process for referring access requests to amend or correct health information to the custodian itself, (g) describe how health information provided to the information manager is to be protected, managed, returned or destroyed in accordance with the Act, (h) describe how the information manager is to address an expressed wish of an individual relating to the disclosure of that individual’s health information or, if the information manager is not to address an expressed wish of an individual relating to the disclosure of that individual’s health information, describe the process for referring these requests to the custodian itself, and (i) set out how an agreement can be terminated. AR 119/2010 s6 Security of health information 8 (1) A custodian must identify, and maintain a written record of, all of its administrative, technical and physical safeguards in respect of health information. (2) A custodian must designate an individual who is responsible for the overall security and protection of health information in the custody or under the control of the custodian. (3) A custodian must periodically assess its administrative, technical and physical safeguards in respect of (a) the confidentiality of health information that is in its custody or under its control and the privacy of the individuals who are the subjects of that information, (b) any reasonably anticipated threat or hazard to the security or integrity of the health information or to the loss of the health information, and (c) any unauthorized use, disclosure or modification of the health information or unauthorized access to the health information. (4) In order to ensure the privacy and confidentiality of health information that is to be stored or used by a person in a jurisdiction outside Alberta or that is to be disclosed to a person in a jurisdiction outside Alberta, the custodian must, prior to the storage, use or disclosure of the information, enter into a written agreement with the person that (a) provides for the custodian to retain control over the health information, (b) adequately addresses the risks associated with the storage, use or disclosure of the health information, (c) requires the person to implement and maintain adequate safeguards for the security and protection of the health information, (d) allows the custodian to monitor compliance with the terms and conditions of the agreement, and (e) contains remedies to address any non‑compliance with or breach of the terms and conditions of the agreement by the other person. (5) Subsection (4) does not apply to health information about an individual that is used in a jurisdiction outside Alberta solely for the purpose of providing continuing treatment and care to the individual. (5.1) Subsection (4) does not apply to the following health information about an individual when the health information is disclosed by the Department to a bank, credit union, credit union central, loan corporation, trust corporation or the Alberta Treasury Branches for the purpose of facilitating bill payments or the collection of premiums: (a) name, in any form; (b) signature; (c) home, business and mailing addresses, electronic address and telecommunications numbers; (d) personal health number or any other unique identification number that is used to identify the individual as eligible for, or a recipient of, a health service; (e) billing information, including the following: (i) information about amounts owed by the individual to the custodian; (ii) method of payment; (iii) the individual’s account number; (iv) if another person is liable for or will be billed for the amount owed by the individual, that person’s name and account number. (5.2) Subsection (4) does not apply to health information that is disclosed to a person in a jurisdiction outside Alberta under a regulation made under subsection 241.31(3) of the Criminal Code (Canada). (5.3) Subsection (4) does not apply to health information that is disclosed by the Director, as defined in Part 1 of the Crown’s Right of Recovery Act , or a person authorized by the Director to a person in a jurisdiction outside Alberta for the purpose of enforcing the Crown’s right of recovery under section 2 of that Act. (6) A custodian must ensure that its affiliates are aware of and adhere to all of the custodian’s administrative, technical and physical safeguards in respect of health information. (7) A custodian must establish sanctions that may be imposed against affiliates who breach, or attempt to breach, the custodian’s administrative, technical and physical safeguards in respect of health information. AR 70/2001 s8;119/2010;60/2018;206/2020;158/2025 Assessment of risk of harm 8.1 (1) In assessing under section 60.1(4) of the Act whether there is a risk of harm to an individual as a result of a loss of or an unauthorized access to or disclosure of individually identifying health information, a custodian must consider each of the following factors in addition to any other relevant factors: (a) whether there is a reasonable basis to believe that the information has been or may be accessed by or disclosed to a person; (b) whether there is a reasonable basis to believe that the information has been misused or will be misused; (c) whether there is a reasonable basis to believe that the information could be used for the purpose of identity theft or to commit fraud; (d) whether there is a reasonable basis to believe that the information is of a type that could cause embarrassment or physical, mental or financial harm to or damage the reputation of the individual who is the subject of the information; (e) whether there is a reasonable basis to believe that the loss of or unauthorized access to or disclosure of the information has adversely affected or will adversely affect the provision of a health service to the individual who is the subject of the information; (f) in the case of electronic information, whether the custodian is able to demonstrate that the information was encrypted or otherwise secured in a manner that would (i) prevent the information from being accessed by a person who is not authorized to access the information, or (ii) render the information unintelligible by a person who is not authorized to access the information; (g) in the case of a loss of information, whether the custodian is able to demonstrate that the information was lost in circumstances in which the information was (i) destroyed, or (ii) rendered inaccessible or unintelligible; (h) in the case of a loss of information that is subsequently recovered by the custodian, whether the custodian can demonstrate that the information was not accessed before it was recovered; (i) in the case of an unauthorized access to or disclosure of information, whether the custodian is able to demonstrate that the only person who accessed the information or to whom the information was disclosed (i) is a custodian or an affiliate, (ii) is subject to confidentiality policies and procedures that meet the requirements of section 60 of the Act, (iii) accessed the information in a manner that is in accordance with the person’s duties as a custodian or affiliate and not for an improper purpose, and (iv) did not use or disclose the information except in determining that the information was accessed by or disclosed to the person in error and in taking any steps reasonably necessary to address the unauthorized access or disclosure. (2) If a custodian is able to demonstrate that a circumstance set out in subsection (1)(f) to (i) applies in the case of a loss of or unauthorized access to or disclosure of individually identifying health information, the custodian is not required to give notice of the loss or unauthorized access or disclosure under section 60.1(2) of the Act. AR 60/2018 s5 Notice of loss or unauthorized access or disclosure 8.2 (1) A notice to a custodian under section 60.1(1) of the Act must (a) if the custodian has established requirements respecting the notice, meet any requirements respecting form and contents established by the custodian, or (b) if the custodian has not established requirements respecting the notice, be in writing and include (i) a description of the circumstances of the loss or unauthorized access or disclosure, (ii) the date on which or period of time within which the loss or unauthorized access or disclosure occurred, (iii) the date on which the loss or unauthorized access or disclosure was discovered, and (iv) a description of the information that was lost or that was the subject of the unauthorized access or disclosure. (2) A notice to the Commissioner of a loss of or an unauthorized access to or disclosure of individually identifying health information under section 60.1(2) of the Act must be in writing in a form approved by the Commissioner and must include (a) the name of the custodian who had custody or control of the information at the time of the loss or unauthorized access or disclosure, (b) a description of the circumstances of the loss or unauthorized access or disclosure, (c) the date on which or period of time within which the loss or unauthorized access or disclosure occurred, (d) the date on which the loss or unauthorized access or disclosure was discovered, (e) a non‑identifying description of the type of information that was lost or that was the subject of the unauthorized access or disclosure, (f) a non‑identifying description of the risk of harm to an individual as a result of the loss or unauthorized access or disclosure, including a description of the type of harm and an explanation of how the risk of harm was assessed that includes a non-identifying description of the custodian’s consideration of the factors referred to in section 8.1(1), including any relevant factors not detailed in that section, (g) the number, or if the number cannot be determined, an estimate of the number, of individuals to whom there is a risk of harm as a result of the loss or unauthorized access or disclosure, (h) a description of any steps that the custodian has taken or is intending to take, as of the date of the notice, to reduce the risk of harm to an individual as a result of the loss or unauthorized access or disclosure, (i) a description of any steps that the custodian has taken or is intending to take, as of the date of the notice, to reduce the risk of a future loss or unauthorized access or disclosure, (j) a non‑identifying copy of the information that has been or will be provided in the notice to the individual who is the subject of the individually identifying health information referred to in subsection (4), if applicable, together with a statement indicating the method referred to in section 103 of the Act that has been or will be used to give notice to the individual, if applicable, (k) if the custodian is requesting the authorization of the Commissioner to give notice to an individual by substitutional service under section 103(c) of the Act, the request together with a statement of the reasons for the request, (l) the name and contact information for a person who is able to answer questions on behalf of the custodian about the loss or unauthorized access or disclosure, and (m) any other information that the custodian considers relevant. (3) A notice to the Minister of a loss of or an unauthorized access to or disclosure of individually identifying health information under section 60.1(2) of the Act must be in writing in a form approved by the Minister and must include the information set out in subsection (2)(a), (b), (e), (f), (g), (h), (l) and (m). (4) A notice to an individual of a loss of or unauthorized access to or disclosure of individually identifying health information under section 60.1(2) of the Act must be in writing and must include (a) a description of the circumstances of the loss or unauthorized access or disclosure, (b) the date on which or period of time within which the loss or unauthorized access or disclosure occurred, (c) the name of the custodian who had custody or control of the health information at the time of the loss or unauthorized access or disclosure, (d) a non‑identifying description of the type of information that was lost or that was the subject of the unauthorized access or disclosure, (e) a description of the risk of harm to the individual as a result of the loss or unauthorized access or disclosure, including a description of the type of harm and an explanation of how the risk of harm was assessed, (f) a description of any steps that the custodian has taken or is intending to take, as of the date of the notice, to reduce the risk of harm to the individual as a result of the loss or unauthorized access or disclosure, (g) a description of any steps that the custodian has taken or is intending to take, as of the date of the notice, to reduce the risk of a future loss or unauthorized access or disclosure, (h) a description of any steps that the custodian believes the individual may be able to take to reduce the risk of harm to the individual, (i) a statement that the individual may ask the Commissioner to investigate the loss or unauthorized access or disclosure that includes contact information for the Office of the Information and Privacy Commissioner, (j) the name and contact information for a person who is able to answer questions on behalf of the custodian about the loss or unauthorized access or disclosure, and (k) any other information that the custodian considers relevant. AR 60/2018 s5 Notice to Commissioner of decision not to give notice 8.3 A notice to the Commissioner under section 60.1(5) of the Act of a decision not to give notice to an individual must (a) be in writing in a form approved by the Commissioner, (b) have attached as an appendix the notice required to be provided to the Commissioner in respect of the matter under section 60.1(2) of the Act, and (c) set out the total number, or if the number cannot be determined, an estimate of the total number, of individuals that the custodian expects not to give notice to on the basis set out in section 60.1(5) of the Act. AR 60/2018 s5 Fees 9 Where an applicant is required to pay a fee for services provided under Part 2 of the Act, the fee is payable in accordance with sections 10, 11 and 12. Fees for health information 10 (1) An applicant who makes a request for access to a record containing health information may be required to pay a basic fee of $25 for performing one or more of the following steps to produce a copy of the information: (a) receiving and clarifying the request; (b) obtaining consent if necessary; (c) locating and retrieving the records; (d) preparing the record for copying, including removing staples and paper clips; (e) preparing a response letter; (f) packaging copies for shipping or faxing, or both; (g) postage and faxing costs; (h) photocopying a record. (2) Processing of a request will not commence until the basic fee has been paid, if applicable. (3) In addition to the basic fee, additional fees in accordance with the Schedule may be charged for producing a copy of a record. Estimate of fees 11 (1) An estimate provided under section 67(3) of the Act must set out (a) the time and cost required (i) to prepare the record for disclosure, including severing time, and (ii) to retrieve records from another location; (b) the cost of copying the record; (c) the cost of computer time involved in locating and copying a record or, if necessary, re‑programming to create a new record; (d) the cost of supervising an applicant who wishes to examine the original record, when applicable; (e) the cost of shipping the record or a copy of the record, other than by mail or fax. (2) An applicant has up to 20 days to indicate if the fee estimate is accepted or to modify the request to change the amount of fees assessed. Payment of fees 12 (1) Processing of a request ceases once a notice of estimate has been forwarded to an applicant and recommences immediately on the receipt of an agreement to pay the fee, and on the receipt of at least 50% of any estimated fee. (2) The balance of any fee owing is payable at the time the information is delivered to the applicant. (3) Fees or any part of those fees will be refunded if the amount paid is higher than the actual cost of the service. Applicant excused from paying fee 13 For the purposes of section 67(4) of the Act, a custodian may excuse an applicant from paying all or part of a fee if in the opinion of the custodian it is fair to excuse payment. Expiry 14 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 30, 2027. AR 70/2001 s14;354/2003;119/2010;168/2013; 20/2017;17/2018;60/2022 Coming into force 15 This Regulation comes into force on the coming into force of the Health Information Act . Schedule 1 The amount of the fees set out in this Schedule is the maximum amount that can be charged to applicants. 2 The following fees for producing a copy of a record may be charged if the cost of photocopying a record under section 10(1)(h) of this Regulation, calculated at $0.25 per page, exceeds $5, and then only the amount that exceeds $5 may be charged: (a) photocopies, hard copy laser print and computer printouts $ 0.25 per page (b) paper copies from microfilm or microfiche $ 0.50 per page (c) floppy disks $10 each (d) computer tapes $55 each (e) microfiche (diazo film) $ 0.50 each (f) 16 mm microfilm $25 each (g) 35 mm microfilm $32 each (h) photographs from negative 4" x 5" $10 each 5" x 7" $13 each 8" x 10" $19 each 11" x 14" $26 each 18" x 20" $32 each (i) 35 mm slide $ 2 each (j) audio cassette $ 5 each (k) video cassette: 1/4", 1/2" or 8 mm - one hour $20 each 1/4", 1/2" or 8 mm - two hour $25 each 3/4" - 30 minutes $18 each 3/4" - one hour $23 each (l) radiology film $ 5 each (m) other media not listed above actual costs (n) supervision of applicant’s examination of original records $ 6.75 per 1/4 hour (o) severing time to determine whether a record requires severing, and to review and to identify the parts of the record to be severed: (i) technician time $ 6.75 per 1/4 hour to maximum of 3 hours (ii) health services provider time $45 per 1/4 hour to maximum of 3 hours (p) producing a record from an electronic record: (i) computer processing actual costs (ii) computer report generation $ 10 per 1/4 hour (q) other direct costs: (i) charges to retrieve records or to return records, or both, from another location contracted fee or average past costs (ii) courier charges or delivery charges, or both, to send copies to applicant other than by mail or fax actual cost
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Health Information Regulation
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.