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This Act is current to October 11, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Ministry of Health Act

[RSBC 1996] CHAPTER 301

Contents
Part 1 — General
1Ministry continued
2Deputy and employees
3Agreements
4Minister's duties
5Purposes and functions of ministry
6Repealed
7Power to make regulations
8Appropriation
Part 2 — Collection, Use and Disclosure of Personal Information
9Definitions
10Collection, use and disclosure of personal information
11Information-sharing agreements
12Regulations respecting collection, use and disclosure of personal information

Part 1 — General

Ministry continued

1  (1) There is to be a ministry of the public service of British Columbia called the Ministry of Health.

(2) The minister is to preside over and be responsible to the Lieutenant Governor in Council for the direction of the ministry.

(3) The minister may establish branches or divisions of the ministry the minister considers advisable.

Deputy and employees

2  (1) Deputy ministers of the ministry and other employees required to carry out the ministry's business may be appointed under the Public Service Act.

(2) Despite the Public Service Act but subject to the approval of the Lieutenant Governor in Council, the minister may engage and retain persons the minister considers necessary as consultants, experts or specialists, and may set their remuneration.

Agreements

3  The minister may, for the purposes of any Act under the minister's administration, enter into agreements with any person.

Minister's duties

4  (1) The duties, powers and functions of the minister extend to and include all matters relating to health that

(a) are assigned to the minister under any Act or by the Lieutenant Governor in Council, and

(b) are not, by law or by order of the Lieutenant Governor in Council, assigned to another minister, ministry, branch or agency of the government.

(2) The minister may in writing delegate any or all of the minister's duties, powers and functions granted or imposed by any Act.

Purposes and functions of ministry

5  The ministry, under the minister's direction, has charge of all matters relating to public health and government operated health insurance programs.

Repealed

6  [Repealed 2000-23-45.]

Power to make regulations

7  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

Appropriation

8  On the requisition of the minister, the Minister of Finance must pay money required for the administration or for any of the purposes of this Act.

Part 2 — Collection, Use and Disclosure of Personal Information

Definitions

9  In this Part:

"health care body" has the same meaning as in the Freedom of Information and Protection of Privacy Act;

"health enactment" means

(a) an enactment for which the minister is responsible, or

(b) a prescribed enactment that deals with a matter relating to health;

"personal information" means recorded information about an identifiable individual;

"public body" has the same meaning as in the Freedom of Information and Protection of Privacy Act;

"stewardship purpose" means any of the following purposes:

(a) to develop, operate, monitor or evaluate a program or activity authorized under a health enactment;

(b) to exercise powers or perform duties of the minister under an enactment;

(c) to engage in health system planning, management, evaluation or improvement;

(d) to conduct or facilitate research into health issues;

(e) to monitor or evaluate a health care body;

(f) a prescribed purpose.

Collection, use and disclosure of personal information

10  (1) Subject to subsection (4), if the minister is satisfied that the collection, use or disclosure of personal information is reasonably needed to fulfill a stewardship purpose, the minister may

(a) collect personal information from a public body,

(b) use personal information, and

(c) disclose personal information to a public body.

(2) A public body that receives a request for personal information under this section must, if the public body has custody or control of the personal information, provide the personal information in the manner and form requested, and within the time requested.

(3) Nothing in this section limits the authority of a person to collect, use or disclose personal information as authorized under any enactment.

(4) The minister may not collect, use or disclose personal information under this section

(a) through a health information bank established or designated under the E-Health (Personal Health Information Access and Protection of Privacy) Act in a manner that would be inconsistent with

(i) a designation order made under that Act, or

(ii) the policies and procedures established under section 13 (2) of that Act by the data stewardship committee,

(a.1) through prescribed information management technology within the meaning of the Pharmaceutical Services Act in a manner that would be inconsistent with a provision of that Act or a regulation made under it, or

(b) in a manner that would be inconsistent with provisions respecting the collection, use or disclosure of personal information in a prescribed enactment.

Information-sharing agreements

11  Without limiting section 3, if the minister is satisfied that the collection, use or disclosure of personal information is reasonably needed to fulfill a stewardship purpose, the minister may enter into an information-sharing agreement with any person.

Regulations respecting collection, use and disclosure of personal information

12  The Lieutenant Governor in Council may make regulations as follows:

(a) for the purposes of section 9,

(i) prescribing enactments, by name or by class,

(ii) prescribing further stewardship purposes, and

(iii) defining a term used in the definition of "stewardship purposes";

(b) prescribing enactments for the purposes of section 10 (4) (b).