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| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | IMPORTANT INFORMATION |
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Part 2 — Government Officials and Regulations
9 (1) The British Columbia Cancer Agency may request a person to supply it with information or records or classes of information or records that may be prescribed by the minister for the purposes of this section.
(2) A request must not be made under subsection (1) unless reasonable grounds exist to believe that the information or records will facilitate medical research and that the benefit to the public of the research justifies the request for the information or records.
(3) Subject to any other enactment, a person to whom a request is made under subsection (1) must comply with the request in the manner and at the times requested if the information or records are within the person's possession or control.
(4) A person aggrieved by a request made under subsection (1) may at any time apply, by means of an originating application commenced by petition, to the Supreme Court for a review of the request.
(5) An application under subsection (4) suspends the request until the court makes an order under subsection (6).
(6) On a review under subsection (4), the court may order the cancellation of the request or make any other order it considers appropriate.
(7) A person who has obtained information or records pursuant to a request made under subsection (1) must not disclose the information or records to another person except
(a) for the purpose of medical research and to a person engaged in medical research whether or not the person is engaged in medical research for the British Columbia Cancer Agency,
(b) in court proceedings related to this Act or a regulation,
(c) under an agreement that
(i) is between the British Columbia Cancer Agency and a government, government agency or another organization engaged in medical research,
(ii) relates to medical research, and
(iii) provides for the disclosure of information and records to that government, government agency or other organization, or
(d) for the purpose of compiling statistical information by an organization, a government or a government agency if the information is compiled to facilitate medical research.
(8) An action for damages does not lie for anything done or omitted in good faith in the exercise or purported exercise of the powers conferred or an obligation imposed by this section.
10 (1) A health status registry is continued in the ministry.
(2) The health status registry may record and classify for statistical or for health research purposes information concerning congenital anomalies, genetic conditions or chronic handicapping conditions of individuals.
(3) The health status registry may request that a person provide it with information concerning congenital anomalies, genetic conditions or chronic handicapping conditions of individuals.
(4) A request must not be made under subsection (3) unless a reasonable basis exists for the belief that the information will facilitate recording and classification described in subsection (2) and that the likely benefit to the public justifies the request.
(5) The person to whom a request under subsection (3) is made must comply in the manner and at the times requested and give the information requested that is within the possession or control of that person.
(6) Section 9 (4) to (6) applies if a person wishes to dispute a request the person received under subsection (3) of this section.
(7) Persons acting on behalf of the health status registry must not communicate personally identifying information obtained under this section to persons who are not acting on behalf of the health status registry except to the extent necessary for the purposes of subsection (2).
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada