Ontario PHIPA, supra note 25, s 38, which permits health information custodians to disclose personal health information to other health information custodians where (1) the disclosure is reasonably necessary for the provision of health care, (2) it is not reasonably possible to obtain the individual's consent in a timely manner, and (3) the individual has not expressly instructed the custodian not to make the disclosure.
See also Ontario PHIPA, supra note 25, s 40, which permits disclosure of personal health information for public interest and public health purposes, and also permits health information custodians to disclose where they believe on reasonable grounds that disclosure is necessary for the purpose of eliminating or reducing a significant risk of serious bodily harm to a person or a group of persons.
64) For example, under the Ontario PHIPA, supra note 25, s 4(1)-(2), "personal health information" is defined as "identifying information" that "identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual.
In addition, PHIPA imposes substantial requirements on organizations that either receive data from, or provide services to, health information custodians.
70) Subsections 49(1) and 49(2) of PHIPA impose constraints on the ability of organizations to use or disclose information that has been given to them by health information custodians.
However, PHIPA provides more categories of substitute decision-makers than the legislation in other Canadian jurisdictions.
45) PHIPA also has detailed provisions that describe the factors to consider for consent (46) and the process for appointment of a representative by the Consent and Capacity Board.
The test for capacity in PHIPA is somewhat different, as the individual must be capable of understanding the information relevant to making the decision and the reasonably foreseeable consequences of the decision.
76) PHIPA recognizes 16 years as the pivotal age in Ontario, and clearly says that the views of a child under 16 years of age who has capacity prevail over any conflicting decisions of a substitute decision-maker.