Hello all, at long last this act is passed.  As a "Joe Q" member of the
AAO these days (and wishing to remain on the sidelines), my hope is that
the association, and particularly HAIG, will provide input into the
terms of this regulation.  I will nevertheless start off discussion by
providing some initial commentary from my perch here in SW Ontario:

The presence of archival provisions of any sort in the act has to be
seen as a bit of a victory.  Therefore, I think we should appreciate the
efforts of staff at the Archives of Ontario who I am sure are
responsible for getting some concessions in this regard.  If I recall,
the first draft of the act was not as promising.

However, I am frustrated that the act only increases public confusion
regarding access periods.  Why fifty years after date of death (d.o.d.)
when, in other pieces of provincial legislation such as MFIPPA, it is 30
years?  The inconsistency in access provisions is becoming increasingly
difficult to apply and is even more confusing for our patrons to
understand.  The 120 year rule is also rather lengthy but, as I say,
better than no period at all.

Back to the confusion, let me see if I have it all straight here on the
frontlines:  Most federal records can be released 20 years after d.o.d;
provincial and municipal records 30 years after d.o.d. unless, of
course, it is health related which is now 50 years after d.o.d.; death
records, though, can only be released 70 years after d.o.d;  finally,
the federal census can be released after 92 years (if it is released at
all).  From a researcher's point of view, wishing only to engage in
genealogy using a variety of sources, it all sounds pretty consistent!
One other point folks:  the trend here is that the d.o.d. release
periods are getting longer and longer as each new act comes out.  I
guess this battle should have been fought during the draft phase of the
act but it is a point worth mentioning.

Regarding the terms of the regulation, my hope is that institutions
such as ours would qualify as a designated repository.  We do maintain
extensive health records through our homes for the aged.  The
regulations should therefore seek to ensure that we can continue to
manage these records under the terms of the act, while at the same time
ensuring that less standard-driven repositories can make similar
acquisitions.  I would say that the Archives of Ontario already has some
good provisions in place to determine eligible institutions through its
criteria for cooperating deposits.  The AAO also has institutional
standards which could be drawn upon.

My thanks to Carolyn Heald for bringing this to our attention.
Regards,

Brian Masschaele, Archivist
Elgin County Archives
450 Sunset Drive
St. Thomas Ontario Canada N5R 5V1
Ph: 519-631-1460, ext. 138 Fax: 519-631-9209
E-mail: [log in to unmask]
Web:  www.elgin.ca

>>> Carolyn Heald <[log in to unmask]> 07/07/04 08:39am
>>>
On May 20, 2004, the Government of Ontario passed the Health
Information
Protection Act, scheduled to come into force on November 1, 2004.  The
purpose of the legislation is to protect the privacy of individuals,
and the
confidentiality and security of personal health information in the
health
sector by providing consistent and comprehensive rules for individuals
and
organizations that collect, use and disclose personal health
information.

The new legislation has implications for archives and other heritage
organizations that collect historical health-care records and make
them
accessible for research purposes.

Under the Act, a health information custodian may transfer personal
health
information to a prescribed person whose functions include the
collection
and preservation of records of historical or archival importance if
the
disclosure is made for the purpose of that function [section
42(3)(b)].

In order to make this section of the Act work, a Regulation must:
(a) designate historical/archival organizations, and
(b) set out rules by which historical/archival organizations may
disclose
personal health information for research purposes.

The Ontario Ministry of Health and Long-Term Care has introduced a
draft
Regulation under the new Health Information Protection Act and the
public
now has 60 days (until September 3) to provide comment.  At the request
of
the Ministry of Health and Long-Term Care, the Archives of Ontario is
soliciting input from the archives/heritage community in order to make
section 42(3)(b) workable through the Regulation.

Please take time to read the new Act and consider whether it will have
an
impact on your operations.  You are invited to provide your comments,
either
at a brief consultation, or in writing.  This consultation will take
place
on Wednesday, July 28, 2004, at the Macdonald Block (Severn Room), 900
Bay
Street, Toronto, Ontario, from 9:00 a.m. - 12:00 noon.

The Act and draft Regulation can be found on the Ministry of Health
and
Long-Term Care's Web site at:
<http://www.health.gov.on.ca/english/public/updates/archives/hu_03/priv_legi

slation.html>

Please RSVP for the consultation by July 23, or provide written
comments (by
mail or e-mail) by August 16, to:

Carolyn Heald
Information Policy Adviser
Archives of Ontario
77 Grenville Street
Toronto, Ontario
M5S 1B3
[log in to unmask]
<mailto:[log in to unmask]>