• Ontario’s Information and Privacy Commissioner Provides Guidance on what Health Facilities May Charge for Making Copies of Personal Health Information Records
  • February 28, 2012 | Authors: Bonnie Freedman; Patrick J. Hawkins; Barbara McIsaac; Heather Pessione; Michele Warner
  • Law Firms: Borden Ladner Gervais LLP - Toronto Office ; Borden Ladner Gervais LLP - Ottawa Office ; Borden Ladner Gervais LLP - Toronto Office
  • Under section 54(10) of the Personal Health Information Protection Act (PHIPA), a health sector provider may charge a fee for responding to a person’s access request if it first gives the person an estimate. Section 54(11) provides that the amount of the fee shall not exceed the prescribed amount or “the amount of reasonable cost recovery”, if no amount is prescribed. However the government has never prescribed an amount so that, until recently, there was little guidance as to what a health service provider could charge for a copy of a patient’s record.