🍁 civid v1

Purpose and scope

• Bill S-5 would require health information technology to be interoperable and prohibit vendors from blocking electronic health information.
• It affects vendors that license, sell or supply health information technology as a service. The technology includes hardware, software, integrated technologies, intellectual property and upgrades.
• Electronic health information includes personal health information whether or not it has been de-identified, and covers information about living or deceased individuals.

Interoperability and data blocking

• Vendors would have to ensure their technology lets users easily, completely and securely access, use and exchange electronic health information with other technologies, unless applicable privacy law prohibits it. Technology would also have to meet requirements set by regulation.
• Data blocking—practices that prevent, discourage or interfere with access to, use or exchange of electronic health information—would be prohibited, subject to regulations.

Where it applies

• The Act would apply in a province or territory only if the Governor in Council makes an order.
• An order could apply provisions where the Governor in Council is satisfied, using criteria and a process set by regulation, that the province or territory lacks substantially similar or stronger requirements. Orders could later be amended or repealed.

Regulations and enforcement

• Regulations could define technical standards and data-blocking practices, amend definitions in the Act, and establish rules for complaints and reviews.
• Regulations could authorize the Minister of Health to verify vendor compliance and require vendors to provide necessary information or documents.
• They could establish administrative monetary penalties for vendor violations and set penalty amounts or a method for calculating them. The bill itself does not specify amounts.
• The bill removes a limitation under the Statutory Instruments Act for documents incorporated by reference in technical standards regulations. It also states that section 126 of the Criminal Code does not apply to violations of the Act or its regulations.

Coming into force

• The Act would come into force on a day fixed by order of the Governor in Council; the text sets no specific date.