B.C. Reg. 172/2009
O.C. 354/2009
Deposited July 17, 2009

E-Health (Personal Health Information Access

and Protection of Privacy) Act

Disclosure Directive Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 69/2013, February 28, 2013]

Point in Time

Contents
1Definitions
2Persons who may make or revoke disclosure directives
3Conditions respecting making and revoking disclosure directives
4Forwarding disclosure directives and revocations to minister

Definitions

1  In this regulation:

"Act" means the E-Health (Personal Health Information Access and Protection of Privacy) Act;

"adult" means a person who is at least 19 years of age;

"minor" means a person who is under 19 years of age;

"non-photo BC services card" means a non-photo BC services card within the meaning of the Identification Card Regulation, B.C. Reg. 4/2013;

"parent" means a parent as defined in the Child, Family and Community Service Act;

"photo BC services card" means a photo BC services card within the meaning of the Identification Card Regulation or a driver's licence issued under section 25 (1.3) of the Motor Vehicle Act that indicates the holder is a beneficiary under the Medicare Protection Act;

"photocopy", in relation to a non-photo BC services card and a photo BC services card, means a photocopy of both the front and back of the card;

"satisfactory identification" means identification satisfactory to the minister, issued by the government of Canada or by a provincial or territorial government.

[am. B.C. Reg. 69/2013, Sch. s. 1.]

Persons who may make or revoke disclosure directives

2  (1) An adult may make or revoke a disclosure directive on behalf of himself or herself or on behalf of another person in respect of whom the adult has authority under the common law or an enactment to make personal and health care decisions.

(2) Subject to subsections (3) and (4), a parent may make or revoke a disclosure directive on behalf of his or her minor child.

(3) A minor who, in the opinion of the minister, understands the nature and consequences of making a disclosure directive may make or revoke a disclosure directive on his or her own behalf.

(4) A disclosure directive made by a parent on behalf of a minor child ceases to be effective on the child's 19th birthday.

Conditions respecting making and revoking disclosure directives

3  In addition to the requirements in section 9 of the Act, a disclosure directive or the revocation of a disclosure directive must

(a) be in a form and contain information satisfactory to the minister,

(b) be signed by the person making or revoking the directive, and

(c) be accompanied by the following:

(i)   in the case of a directive made or revoked on the person's own behalf, a photocopy of

(A)  the person's photo BC services card, or

(B)  the person's British Columbia CareCard or non-photo BC services card, as well as other satisfactory identification for the person;

(ii)   in the case of a directive made or revoked by a parent on behalf of a minor child, a photocopy of

(A)  the British Columbia CareCard, non-photo BC services card or photo BC services card of the child for whom the directive is made or revoked,

(B)  satisfactory identification for the parent making or revoking the directive, and

(C)  the child's birth certificate;

(iii)   in the case of a directive made or revoked by a person on behalf of another adult, a photocopy of the following:

(A)  if the person on whose behalf the directive is made or revoked has a photo BC services card, the person's photo BC services card;

(B)  if the person on whose behalf the directive is made or revoked does not have a photo BC services card, the person's British Columbia CareCard or non-photo BC services card, as well as other satisfactory identification for the person;

(C)  satisfactory identification for the person making or revoking the directive;

(D)  documentation satisfactory to the minister providing evidence that the person making or revoking the directive has authority under the common law or an enactment to make personal and health care decisions on behalf of the person on whose behalf the directive is made or revoked.

[am. B.C. Reg. 69/2013, Sch. s. 2.]

Forwarding disclosure directives and revocations to minister

4  A disclosure directive or the revocation of a disclosure directive must be forwarded to the minister in a manner specified by the minister.

[Provisions relevant to the enactment of this regulation: E-Health (Personal Health Information Access and Protection of Privacy) Act, S.B.C. 2008, c. 38, sections 9 and 26]