POLICY MONITOR CANADA<title> » Justice http://policymonitor.ca GOVERNMENT POLICY NEWS FROM ACROSS CANADA Wed, 01 Sep 2010 23:44:47 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Canada joins APEC cross-border privacy enforcement initiative http://policymonitor.ca/justice/privacyfreedom-of-information/canada-joins-apec-cross-border-privacy-enforcement-initiative/?utm_source=rss&utm_medium=rss&utm_campaign=canada-joins-apec-cross-border-privacy-enforcement-initiative http://policymonitor.ca/justice/privacyfreedom-of-information/canada-joins-apec-cross-border-privacy-enforcement-initiative/#comments Tue, 31 Aug 2010 23:34:56 +0000 Admin http://policymonitor.ca/?p=6582 Canada has been accepted as a participant in a new Asia-Pacific Economic Cooperation (APEC) mechanism for cross-border cooperation on data privacy enforcement.

The initiative – the APEC Cross-border Privacy Enforcement Arrangement – was developed to facilitate information sharing and cooperation between authorities responsible for data and consumer protection in the APEC region.

Privacy Commissioner of Canada, Jennifer Stoddart, says the arrangement is an important step forward in addressing new challenges for privacy in a globalized, online world.

“This will help us deal with privacy concerns relating to organizations that operate in multiple jurisdictions and businesses that move personal information across borders for processing. These are increasingly common phenomena in the economy of the 21st century and we need 21st century tools to address them,” says Commissioner Stoddart.

Canada’s notice of intent to participate in the initiative was formally accepted this week.

The arrangement establishes a process under which participating authorities may contact each other for help with collecting evidence, sharing information on an organisation or matter being investigated, enforcing actions, and transferring complaints to another jurisdiction.

It also encourages cooperation between privacy enforcement authorities in APEC and their international, non-APEC counterparts as the arrangement has been designed to work seamlessly with other regional and global schemes.

The arrangement was developed by a volunteer group of APEC member economies with input from civil society and business groups. To date, the participants in the arrangement also include the Office of the Privacy Commissioner of Australia, Hong Kong’s Office of the Privacy Commissioner for Personal Data, the Office of the Privacy Commissioner of New Zealand and the U.S. Federal Trade Commission. Additional privacy enforcement authorities from APEC member economies are also expected to join.

For more information, please see:

APEC Cross-border Privacy Enforcement Arrangement (CPEA)
http://www.apec.org/apec/apec_groups/committee_on_trade/electronic_commerce/cpea.html

APEC News Release
http://www.apec.org/apec/news___media/media_releases/20100716_ecsg_cpea.html

APEC Fact Sheet
http://www.apec.org/apec/news___media/fact_sheets/201006cpea.html

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NFLD Prison Act Reforms http://policymonitor.ca/justice/nfld-prison-act-reforms/?utm_source=rss&utm_medium=rss&utm_campaign=nfld-prison-act-reforms http://policymonitor.ca/justice/nfld-prison-act-reforms/#comments Fri, 27 Aug 2010 17:46:46 +0000 Admin http://policymonitor.ca/?p=6542

Consultations to Target New Corrections Legislation

The Williams Government is moving forward with plans to revamp the current Prisons Act and Adult Corrections Act and is seeking input from organizations and interested individuals in drafting the new legislation. Consultations will be held with targeted interest groups, including inmate advocacy organizations, women’s groups and aboriginal groups.

“As recommended by the independent review of adult corrections in the province, the Department of Justice is moving forward to make changes to the legislation which governs our corrections system in order to make it contemporary and comprehensive,” said the Honourable Felix Collins, Minister of Justice and Attorney General. “I am extremely pleased with the progress our government has made in implementing the recommendations of Decades of Darkness: Moving Towards the Light and drafting a new Correctional Services Act will no doubt further improve the delivery of corrections services in our province.”

In April 2008, the Provincial Government launched the independent review into adult corrections in Newfoundland and Labrador. Seventy-three of 77 recommendations contained within that review have been either completed or are in varying stages of progress. Since the release of the review there have been significant improvements to programming and services in all provincial prisons, including better mental health treatment and training, enhanced programming opportunities and the hiring of additional correctional officers.

“Since receiving the independent review, our government has allocated approximately $7 million towards adult corrections in this province,” said Minister Collins. “Any legislative changes we undertake will serve to further the substantial enhancements we have already implemented in our corrections system, and will be made in the best interest of our corrections staff and inmates.”

In addition to targeted consultations, interested individuals can submit feedback by e-mailing written submissions to

correctionsconsult@gov.nl.ca or sending via mail to:

Provincial Government Corrections Consultations
Department of Justice
Government of Newfoundland and Labrador
P.O. Box 8700
St. John’s, NL
A1B 4J6

Written submissions must be received no later than October 8, 2010. For more information, including a consultations discussion document, visit

www.justice.gov.nl.ca/just.

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Media contact:

Jennifer Tulk
Director of Communications
Department of Justice
709-729-6985, 699-6524

JenniferTulk@gov.nl.ca

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Yukon Human Rights Modernization Project http://policymonitor.ca/justice/human-rights/yukon-human-rights-modernization-project/?utm_source=rss&utm_medium=rss&utm_campaign=yukon-human-rights-modernization-project http://policymonitor.ca/justice/human-rights/yukon-human-rights-modernization-project/#comments Thu, 12 Aug 2010 16:45:39 +0000 Admin http://policymonitor.ca/?p=6381 Background

In 2008, the Yukon Legislative Assembly set up a special committee to review the decades-old Human Rights Act and to recommend changes as necessary to ensure that the Act reflects modern-day realities. The all-party Select Committee on Human Rights consulted with the Yukon public and stakeholders and issued a report in November 2008 calling for numerous changes to the legislative regime governing human rights in Yukon.

The committee’s recommendations covered issues both of substance (e.g., scope and coverage of the Act) and of process (e.g., how complaints are handled, roles and responsibilities of agencies). A number of its recommendations were passed in May 2009 and brought into effect in December 2009, completing Phase 1 of the government’s human rights modernization project.  Phase 2 of the Yukon human rights modernization project is now underway and involves consideration of the committee’s remaining recommendations, starting with those related to process and structure – i.e., Select Committee Recommendations 13-17, 19 and 21.

The outstanding Select Committee recommendations cover a wide range of issues including scope and coverage of the Act.  In the interest of focused discussion and analysis, the Government will consider these issues separately through a future process.

Scope of 2010 Consultations

The Department’s 2010 consultation is focused on themes of structure, process, and the roles and responsibilities of different human rights agencies.  Issues of scope and coverage of the Act will be considered at a later date.

Consultation Process

The Department is seeking input from all interested stakeholders and members of the public on the human rights system (structures and processes).  A discussion paper has been prepared for stakeholders and the public that provides background and analysis of the themes being considered in this consultation.  The paper invites comment on specific questions as well as on the issues generally.

Anyone can provide comments, either handwritten on the comment pages provided in the Discussion Paper or separately.  Comments can be delivered to the Department of Justice in person or by mail, fax, email or the form on this website.   Note that all written comments will form part of the public record.  Comments are welcome before Sept. 30, 2010. Please use this comment form.

Department officials will also be meeting with interested stakeholders during the summer of 2010.  If you would like to meet with department officials to discuss issues raised in the discussion paper, please contact us at the address below.

Post-Consultation Process

The Department will prepare a report on the input received during these consultations with recommendations, and will provide the report and recommendations to the Minister of Justice by the end of December 2010.

Contact Information

Hillary LaBar

Researcher/Office Manager

Human Rights Modernization Project

humanrightsmodernization@gov.yk.ca

Department of Justice, Yukon Government

Box 2703, Whitehorse Yukon Y1A 2C6

867-667-3206 (long distance call 1-800-661-0408 ext. 3206)

Fax 867-667-5790

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FEDERAL LOBBYING CHANGES http://policymonitor.ca/justice/federal-lobbying-changes/?utm_source=rss&utm_medium=rss&utm_campaign=federal-lobbying-changes http://policymonitor.ca/justice/federal-lobbying-changes/#comments Thu, 12 Aug 2010 07:31:37 +0000 Admin http://policymonitor.ca/?p=6357 Government of Canada to increase parliament’s transparency

For immediate release
August 5, 2010

All MPs, Senators and Opposition Leaders’ Exempt Staff to be subject to Lobbying Act

Ottawa – The Honourable Stockwell Day, President of the Treasury Board and Minister for the Asia-Pacific Gateway, accompanied by Senator Pierre-Hugues Boisvenu, today announced Government of Canada action to further increase transparency in Ottawa by proposing to extend the rules of the Lobbying Act to all members of Parliament, senators and senior staff in the offices of the Leader of the Opposition, both in the House of Commons and the Senate. Under the proposed regulations, these parliamentarians and senior staff personnel would be added to the current list of designated public office holders.

“It is only right that the activities of all those who represent Canadians in Parliament be as open and transparent as possible,” said Minister Day. “That is why we are proposing to expand the scope of the Lobbying Act so that all members of Parliament, senators and exempt staff in the offices of the Leader of the Opposition would be subject to the same requirements already placed on ministers, their exempt staff and senior public servants.”

With the proposed changes, these individuals would be subject to the prohibitions on lobbying and requirements for reporting by lobbyists set out in the Lobbying Act, which states that:

* Designated public office holders are prohibited from registering and lobbying the Government of Canada for five years after leaving office; and
* Lobbyists must disclose their lobbying activities to the Office of the Commissioner of Lobbying, including contact with designated public office holders for the purposes of lobbying. This information is publicly available on the website of the Office of the Commissioner of Lobbying (http://ocl-cal.gc.ca).

“By proposing to expand the scope of the Lobbying Act, our Government is continuing our action to ensure Parliament is accountable to Canadians and not to special interest groups,” said Senator Boisvenu.

The proposed regulations will be available on the Canada Gazette website at www.canadagazette.gc.ca on August 7, 2010. Canadians will then have 30 days to submit their comments to the Treasury Board Secretariat. The Government will then finalize the regulations and publish them in the Canada Gazette (Part II).

Under the Lobbying Act, lobbying is communication by an individual who is paid to communicate with a Designated Public Office Holder on behalf of a person or organization in relation to:

* the development, introduction or amendment of a bill, resolution, regulation, policy or program;
* the awarding of a grant, contribution or any other financial benefit; and
* in the case of a consultant lobbyist, the awarding of any contract or the arranging of a meeting with a public office holder.

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For more information, contact:

Mélisa Leclerc
Director of Communications
Office of the President of the Treasury Board and Minister for the Asia-Pacific Gateway
613-952-5051

Media Relations
Treasury Board of Canada Secretariat
613-957-2640

If there is a discrepancy between any printed version and the electronic version of this news release, the electronic version will prevail.

TTY (Telecommunications device for the hearing impaired) – (613) 957-9090

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NFLD Human Rights Act Introduced http://policymonitor.ca/justice/human-rights/nfld-human-rights-act-introduced/?utm_source=rss&utm_medium=rss&utm_campaign=nfld-human-rights-act-introduced http://policymonitor.ca/justice/human-rights/nfld-human-rights-act-introduced/#comments Mon, 21 Jun 2010 01:51:32 +0000 Admin http://policymonitor.ca/?p=5715 New Human Rights Act Introduced Following Extensive Consultation Process
June 17 2010

New Human Rights Act Introduced Following Extensive Consultation Process

Newfoundland and Labrador has taken a significant step forward in the area of human rights with the introduction in the House of Assembly of the new Human Rights Act, 2010 by the Honourable Felix Collins, Minister of Justice and Attorney General. This proposed legislation will replace the Human Rights Code and provides a wide range of new protections, while also increasing the efficiency of the complaints process of the Human Rights Commission.

“Today is an important day for the protection of human rights in Newfoundland and Labrador,” said Minister Collins. “After a consultation process which included public sessions throughout our province, our government has brought forth a Human Rights Act which is progressive and sets the course for protection of the human rights of residents of Newfoundland and Labrador.”

The Human Rights Act, 2010 builds upon submissions from an extensive public consultation process conducted by the Department of Justice, including submissions from municipalities, labour groups, various associations, individuals and the legal community.

“The new Act further protects various groups throughout our province including young adults, women and people living with disabilities,” said Minister Collins. “As a result of this legislation it will be prohibited to discriminate on such grounds as pregnancy, source of income, disfigurement, or criminal conviction, among others. While these changes are generally already practiced and supported in our province, it is important to signify that discrimination, either intentional or unintentional, is not to be tolerated under the laws of our province.”

Highlights of the Human Rights Act, 2010 include:

Provides a definition of disability consistent with other jurisdictions in Canada; Reinserts a modernized preamble which gives a statement of the fundamental principles of the legislation; Establishes disfigurement as prohibited in its own right; Prohibits discrimination in the making of a contract; Removes the age of restriction of 19 years for employees to file complaints; Clarifies that discrimination on the basis of pregnancy is prohibited; Prohibits discrimination on the basis of criminal conviction by an employer when it is unrelated to the employment; Broadens the definition of marital status; Provides the Supreme Court of Newfoundland and Labrador, Trial Division with the ability to review dismissal of complaint(s) by Executive Director of Human Rights Commission; and, Provides a new appointment process for commissioners and adjudicators.

Significant changes have also occurred to create efficiency within the Human Rights Commission of Newfoundland and Labrador. In order to move complaints through the process more expeditiously, the Human Rights Act, 2010 will allow for regulation specifying timelines for documentation related to the complaints process. In addition, the Executive Director of the Human Rights Commission will now have expanded power, including the authority, subject to appeal, to dismiss complaints which are frivolous or do not fall within the jurisdiction of the Human Rights Act, 2010.

“The introduction of the Human Rights Act, 2010 is a historic day for Newfoundland and Labrador,” said Minister Collins. “This Act, once implemented, will serve as the guidepost for how we treat each other in our society and I am confident it reflects the values of Newfoundlanders and Labradorians and will do so for many years to come.”

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Online Security Legislation http://policymonitor.ca/justice/online-security-legislation/?utm_source=rss&utm_medium=rss&utm_campaign=online-security-legislation http://policymonitor.ca/justice/online-security-legislation/#comments Tue, 25 May 2010 21:32:15 +0000 Admin http://policymonitor.ca/?p=5370 GOVERNMENT OF CANADA MOVES TO ENHANCE SAFETY AND SECURITY IN THE ONLINE MARKETPLACE

OTTAWA, May 25, 2010 — The Honourable Tony Clement, Minister of Industry, and the Honourable Denis Lebel, Minister of State (Economic Development Agency of Canada for the Regions of Quebec), today announced two steps that the Government of Canada is taking to enhance the safety and security of the online marketplace. Together, the tabling of amendments to the legislation protecting the personal information of Canadians (Personal Information Protection and Electronic Documents Act, or PIPEDA) and the reintroduction of anti-spam legislation in the House of Commons (the proposed Fighting Internet and Wireless Spam Act, or FISA) are important steps towards positioning Canada as a leader in the digital economy.

“Canadian shoppers should feel just as confident in the electronic marketplace as they do at the corner store,” said Minister Clement. “With today’s two pieces of legislation, we are working toward a safer and more secure online environment for both consumers and businesses — essential in positioning Canada as a leader in the digital economy.”

“Our government believes that personal information should be no less secure when shared online than anywhere else. That is why we are taking steps to ensure it is better protected,” said Minister of State Lebel. “These measures will empower and better protect consumers while ensuring that Canadian businesses can continue to compete in the global marketplace.”

To address public concerns about the increasing number of data breaches involving personal information, PIPEDA proposes a new requirement for organizations to report material data breaches to the Privacy Commissioner of Canada and to notify individuals where there is a risk of harm. This requirement will complement the government’s recently enacted identity theft legislation and encourage better information security practices on the part of organizations.

PIPEDA also proposes amendments related to protecting the privacy of minors and other vulnerable individuals online. Other amendments are designed to clarify and streamline rules for business and support effective investigations by law enforcement and security agencies.

The proposed FISA is intended to deter the most damaging and deceptive forms of spam, such as identity theft, phishing and spyware, from occurring in Canada and to help drive spammers out of Canada.

The proposed FISA legislation provides a comprehensive regulatory regime that uses economic disincentives to protect electronic commerce and is modelled on international best practices. To enforce the legislation, the bill would use the expertise, and expand the mandates, of the three enforcement agencies: the Canadian Radio-television and Telecommunications Commission, Competition Bureau Canada and the Office of the Privacy Commissioner of Canada.

Industry Canada will act as a national coordinating body to increase consumer and business awareness and education, to further coordinate work with the private sector and to conduct research and intelligence gathering.

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Input Sought on Nova Scotia Private Security Regulations http://policymonitor.ca/justice/input-sought-on-nova-scotia-private-security-regulations/?utm_source=rss&utm_medium=rss&utm_campaign=input-sought-on-nova-scotia-private-security-regulations http://policymonitor.ca/justice/input-sought-on-nova-scotia-private-security-regulations/#comments Sat, 22 May 2010 03:59:33 +0000 Admin http://policymonitor.ca/?p=5348 May 21, 2010 2:16 PM


Nova Scotians have an opportunity to provide input on regulations for the Security and Investigative Services Act, which was recently passed by government.

“Input is not only valuable, it is necessary for ensuring that we get these regulations right,” said Justice Minister Ross Landry. “Right for Nova Scotia businesses and right for public safety.”

These are the first significant legislative changes governing the security industry in 35 years.

It will implement mandatory training standards, and expand coverage to include licensing of bouncers, bodyguards, Canadian Corps of Commissionaires and in-house security guards and private investigators who interact with the public.

The new legislation will increase public trust and confidence in the security industry by ensuring those involved are suitable, properly trained, and have a code of conduct.

People are encouraged to comment on all aspects of the proposed regulations, including uniforms, vehicles, equipment, training, and code of conduct.

The private security legislation will bring Nova Scotia in line with other Canadian provinces with similar legislation, such as British Columbia, Alberta, Manitoba, Ontario and Quebec.

To read the consultation document and submit feedback online visit www.gov.ns.ca/just . You can also send comments to secprog@gov.ns.ca or Security Programs Office, Department of Justice, P.O. Box 7, Halifax, N.S, B3J 2L6. Fax to 902-424-4308.

The deadline for submissions is June 18.

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Input Sought For Organ And Tissue Donations Act Nova Scotia http://policymonitor.ca/social-policy/health-care/input-sought-for-organ-and-tissue-donations-act-nova-scotia/?utm_source=rss&utm_medium=rss&utm_campaign=input-sought-for-organ-and-tissue-donations-act-nova-scotia http://policymonitor.ca/social-policy/health-care/input-sought-for-organ-and-tissue-donations-act-nova-scotia/#comments Thu, 22 Apr 2010 02:38:03 +0000 Admin http://policymonitor.ca/?p=5295 Input Sought For Organ And Tissue Donations Act


The public can have its say about a new Human Organ and Tissue Donation Act that will help more of Nova Scotia’s half-a-million registered donors have their wishes honored.

“We want to raise public awareness, improve the donation process and, ultimately, change the lives of those awaiting a transplant,” said Health Minister Maureen MacDonald. “About 120 Nova Scotians are waiting for life-saving organ transplants and many more are waiting for tissue donations. We are committed to helping these patients get the care they need.

“For many families, their loved one’s decision to be a donor provides some comfort during a very difficult time.”

The updated act will reflect changes in policies, laws, technologies and standards over the years. For example, in the current act, consent to donate is binding, but donations may not happen if there is strong opposition from the family. By more clearly defining binding valid consent by a donor cannot be vetoed by another.

The draft act also provides a clear definition of death which must be met before donation can occur.

Other proposed changes include allowing donors to legally consent to pre-death procedures such as ventilation and medicines that increase the chances of a successful transplant. The new act will also recognize common law spouses.

A proposed new step will first confirm a patient is a suitable donor, and that their organs and/or tissues can be used before the family is approached.

“We know that it can be very difficult to approach a family dealing with the loss of a loved one to discuss donation,” said Corinne Corning, manager of Legacy of Life: Nova Scotia Organ and Tissue Donation Program. “If the family knows their loved one wanted to donate their organs and tissues, it can make this decision easier.”

Donor Awareness Week in Canada runs until Sunday, April 25. Events in the province will raise awareness and encourage people to register as donors on their health cards and talk to family members about their wishes. One donor can provide organs for up

to eight people, and tissue, such as skin and corneas, to as many as 40.

The draft Human Organ and Tissue Donation Act is available for review at www.gov.ns.ca/health/DonationAct/. Commentary is included throughout the draft to help explain the proposed changes. Feedback will be accepted until May 28.

“We want to hear from people and organizations with an interest in organ and tissue donation,” said Ms. Corning. “This will ensure the new act is sensitive to donors and their families while encouraging more people to become donors and save lives.”

For more information on organ and tissue donation, and to find out how to register as a donor, visit www.legacyoflife.ns.ca .

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Passport Canada Online Consultation http://policymonitor.ca/foreign-affairs/passport-canada-online-consultation/?utm_source=rss&utm_medium=rss&utm_campaign=passport-canada-online-consultation http://policymonitor.ca/foreign-affairs/passport-canada-online-consultation/#comments Thu, 08 Apr 2010 21:31:39 +0000 Admin http://policymonitor.ca/?p=5247 PASSPORT CANADA INVITES CANADIANS TO HAVE THEIR SAY

Gatineau, April 7, 2010 – Passport Canada is asking Canadians to provide input on service improvements through public online consultations. Canadians can fill out a short online questionnaire available at www.passportcanada.gc.ca/consultations .

These consultations are taking place at an important moment in Passport Canada’s history. In 2012, Canada will begin issuing electronic passports, or ePassports, to all its citizens. The use of ePassports will allow Canada to follow international standards in the field of passport security to protect our borders and maintain the ease of international travel that Canadians currently enjoy. At the same time, Passport Canada will start offering the option of a 10-year validity period as well as the current 5-year validity period.

The adoption of this enhanced, more secure passport, as well as other possible service improvements, may result in a modified fee structure. In light of these upcoming changes, Passport Canada must consult Canadians under the User Fees Act .

To this end, Passport Canada’s online questionnaire will allow Canadians to have their say on all aspects of passport services. The input received will help Passport Canada craft a new service and fee proposal. Passport Canada’s goal is to make sure the cost of the ePassport is as low as possible.

The Canadian passport is the most reliable travel document for Canadian citizens and the only proof of your nationality and identity that is accepted in all countries. The introduction of the more secure ePassport and other changes will provide a document that benefits all Canadians by protecting the security of Canada. For more information, please visit www.passportcanada.gc.ca .

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Saskatchewan Changes Health Privacy Regulations http://policymonitor.ca/social-policy/health-care/saskatchewan-changes-health-privacy-regulations/?utm_source=rss&utm_medium=rss&utm_campaign=saskatchewan-changes-health-privacy-regulations http://policymonitor.ca/social-policy/health-care/saskatchewan-changes-health-privacy-regulations/#comments Wed, 07 Apr 2010 14:29:46 +0000 Admin http://policymonitor.ca/?p=5236 PRIVACY REGULATIONS CHANGE WILL ENHANCE HEALTH FUNDRAISING

The provincial government has approved a change to health privacy regulations to allow the limited use of the names and addresses of former hospital patients for fundraising by Saskatchewan health foundations.

The amended regulations will allow Saskatchewan health organizations to use basic contact information of former hospital patients for fundraising purposes, as soon as revised privacy safeguards are in place.

After consultation with privacy advocates, health regions, hospital administrators and affiliated fundraising foundations, the regulatory change will limit the amount of information used, and includes a process for individuals to opt out of having their information shared with fundraisers.

“The intention of this change is to make it easier for publicly-funded health facilities to identify people who might be motivated to donate, while maintaining meaningful protection of patients’ privacy,” Health Minister Don McMorris said. “This change balances the tremendous benefit that local donations provide for health facilities and services, with the privacy rights of individuals.”

The amendment to the Health Information Protection Regulations was approved last week, and comes into effect in May. No health region will be able to use or share that information until it has put in place the required privacy safeguards and has offered patients the ability to opt out of having their information shared.

“Saskatchewan individuals, whose lives and good health have been preserved or enhanced through the use of our hospital services, often want to give back,” St. Paul’s Hospital Foundation CEO Cathy Chrones said. “This regulation change helps Saskatchewan Hospital Foundations provide an opportunity for former patients to contribute to the development of health care in our province.”

Information made available is limited to the name and address of people who receive hospital services after the regulation comes into effect. Information about vulnerable patients, such as children and long-term care residents, won’t be included.

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