Kathryn M. Frelick

Partner | Toronto

416.595.2979

Portrait of Kathryn M.  Frelick

Mandatory Breach Draft Guidance Released

On September 17, 2018, the federal Office of the Privacy Commissioner (“OPC”) published its draft guidance about mandatory reporting of breaches of security safeguards (“Draft Guidelines”).  The OPC is seeking public comments as it readies itself for a November 1,...

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Do you have a Duty to Report A Medically Unfit Driver? New Reporting Requirements in Effect

After 40 years without change, amendments to the medical and vision reporting requirements under Ontario’s Highway Traffic Act (“HTA”) are in effect.  The amendments are significant and have broad implications for health industry clients. Starting July 1, 2018, physicians and...

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Court Affirms Physician Requirements to Provide Effective Referrals for MAID

On January 31, 2018, the Ontario Divisional Court affirmed that “conscientiously objecting” physicians can be required to provide emergency care and referrals relating to medical services that go against their religious or personal beliefs – such as medical assistance in...

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It’s Official: Mandatory Data Breach Notification Coming on November 1, 2018

Last week, the Government of Canada published an Order in Council that will bring into force, as of November 1, 2018, the much anticipated mandatory breach notification and record-keeping requirements under the Personal Information Protection and Electronic Documents Act (“PIPEDA”)....

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It’s Official: Mandatory Data Breach Notification Coming on November 1, 2018

Last week, the Government of Canada published an Order in Council that will bring into force, as of November 1, 2018, the much anticipated mandatory breach notification and record-keeping requirements under the Personal Information Protection and Electronic Documents Act (“PIPEDA”)....

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Public Hospital Advisory: New Accountability Agreement for Hospitals (H-SAA)

Pursuant to the Local Health Services Integration Act (“LHSIA”), hospitals receive operational funding through Hospital Service Accountability Agreements (“H-SAA”). The current H-SAA terminates on March 31, 2018, and a new H-SAA template is being implemented on April 1, 2018. The...

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Strengthening Quality and Accountability for Patients Act, 2017 Becomes Law in Ontario

Bill 160, the Strengthening Quality and Accountability for Patients Act, 2017 (the “Act”) became law on December 12, 2017, bringing some significant changes to many areas of the health industry. While some discrete portions of the Act came into force...

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What’s Happening?

Nicole D’Aoust and Natasha Smith presented at the AFP Congress 2017 on the topic:  “You Can Donate That?! Non-traditional Gifts that can Make a Big Difference” in Toronto, ON on November 21, 2017. Kathryn Frelick and Karima Kanani presented a webcast...

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Privacy Commissioner Gearing Up for Tougher Enforcement

On September 21, 2017, in a press conference following the publication of his 2016-17 Annual Report to Parliament on the Personal Information Protection and Electronic Documents Act and the Privacy Act, the Privacy Commissioner (the “Commissioner”) announced his plans to...

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Mandatory Notification Requirements under PHIPA in force October 1, 2017

As set out in our previous Health Communiqué, amendments to the Personal Health Information Protection Act, 2004 (PHIPA) require mandatory notification to the Information and Privacy Commissioner/Ontario (IPC) if the circumstances surrounding a theft, loss or unauthorized use or disclosure...

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Kathryn Frelick comments on opioid crisis in article for The Lawyer’s Daily

The Lawyer's Daily, "Ontario needs to address drug treatment courts in dealing with opioid crisis: lawyer"

Ontario has announced millions of dollars in funding to deal with the issue of opioid addiction in the province, but a legal observer is saying more money should be directed toward the province’s drug treatment courts in order to better...

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Mandatory Notice Requirements under PHIPA and Public Consultation on Proposed Regulation Regarding Notices to the Commissioner

The Information and Privacy Commissioner (IPC) has always strongly encouraged health information custodians (HICs) to report privacy breaches to its office, particularly where they may have broader implications.  Although the Personal Health Information Protection Act, 2004 (PHIPA) prescribes mandatory notification...

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Confronting the Opioid Crisis

The Lawyers Weekly

Opioid misuse and abuse is a serious societal problem and public health threat. Globally, Canada is second only to the United States in per capita consumption of prescription opioids; painkillers such as oxycodone, hydrocodone, fentanyl and morphine. This has led to a significant...

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Public Consultation on Proposed Regulations to Quality of Care Information Protection Act, 2016

Bill 119, Health Information Protection Act, 2016 (“HIPA”) amended several statutes to enhance the protection of personal health information and improve the quality of patient care through increased transparency and accountability of health facilities.  One of the most anticipated changes...

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Dear Health Care Facility: Are You Prepared for a Request for Medical Assistance in Dying?

Risk Management in Canadian Health Care, Volume 18, No. 4, August 2016

This article was originally published in our July 21, 2016 Health Communiqué. Click here to view.

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What Health Facilities Need to Know About QCIPA 2016

Risk Management in Canadian Health Care, Volume 18, No. 4, August 2016

This article was originally published in the May 11, 2016 issue of our Health Communiqué. Click here to view.

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Dear Health Care Facility: Are You Prepared for a Request for Medical Assistance in Dying?

On June 17, 2016, after much debate in the House of Commons and the Senate, the federal government passed Bill C-14 (An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)),...

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What Health Facilities Need to Know About QCIPA 2016

The Quality of Care Information Protection Act, 2016 (QCIPA 2016) is one step closer to becoming law.  Bill 119, the Health Information Protection Act, 2016 (HIPA), passed third reading in the Ontario legislature on May 5, 2016.  Once proclaimed into...

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What Health Industry Clients Need to Know in Relation to Bill C-14 on Medical Assistance in Dying

Bill C-14, An Act to amend the Criminal Code of Canada and to make related amendments to other Acts (medical assistance in dying) (“Bill C-14”), was released today by the Parliament of Canada. Bill C-14 follows the landmark February 6,...

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Canada’s Anti-Spam Legislation (CASL) Update

Thomson Reuters

Chapter 28 in Miller Thomson’s Business Laws of Canada, 2015.

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Privacy Update

Thomson Reuters

Chapter 22 in Miller Thomson’s Business Laws of Canada, 2015.

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A New Era for Privacy Class Actions – Hopkins v. Kay and Implications for the Health Industry

In its highly anticipated decision released October 29, 2015, the Supreme Court of Canada dismissed a hospital’s application for leave to appeal the Ontario Court of Appeal decision of Hopkins v. Kay (“Hopkins”). Hopkins involved a proposed class action proceeding...

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Hospital Patient Relations Regulations in Force September 1, 2015

Two new regulations under Ontario’s Excellent Care for All Act, 2010 (“ECFAA”) have been filed by the Ministry of Health and Long-Term Care and are coming into force on September 1, 2015.  These regulations set out requirements for hospital patient...

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Ontario College of Pharmacists Seeking Feedback on Proposed Regulations Regarding Oversight of Hospital Pharmacies

In a recent Health Communiqué, Passage of Bill 21 Brings Significant Changes to Hospital Pharmacy and Health Professional Regulation, we provided an overview of the significant changes to the oversight of hospital and institutional pharmacies brought about by the passage of...

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What Hospitals Need to Know Following the Supreme Court of Canada’s Decision on Physician-Assisted Dying

On February 6, 2015, the Supreme Court of Canada (“SCC”) issued Carter v. Canada (Attorney General) (“Carter”), a landmark and unanimous decision on physician-assisted dying.  In its decision, the Court declared the Criminal Code of Canada (“Criminal Code”) provisions prohibiting...

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Passage of Bill 21 Brings Significant Changes to Hospital Pharmacy and Health Professional Regulation

Bill 21, the Safeguarding Health Care Integrity Act, 2014 received Royal Assent on December 11, 2014 bringing about significant changes to the oversight of hospital pharmacies and regulated health professionals. The Bill amended a number of key statutes and also created the Voluntary...

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What You Need to Know About CASL Computer Program Installation Provisions

The CASL provisions regulating the installation of computer programs come into force on January 15, 2015. Read about the CASL computer program installation provisions and the effect these provisions may have on your business.

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Broader Public Sector Accountability Bill Receives Royal Assent

Bill 8, the Public Sector Accountability and MPP Accountability and Transparency Act, 2014 passed third reading on December 9, 2014 and received Royal Assent on December 11, 2014. As reported in our previous Health Communiqués, Public Consultation Scheduled for Broader Public Sector Accountability...

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Broader Public Sector Accountability Bill Receives Royal Assent

Bill 8, the Public Sector Accountability and MPP Accountability and Transparency Act, 2014 passed third reading on December 9, 2014 and received Royal Assent on December 11, 2014. As reported in our previous Health Communiqués, Public Consultation Scheduled for Broader...

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Bill 8 Proposes to Limit Executive Compensation for Certain Broader Public Sector Organizations

In July of this year, the Ontario government introduced Bill 8, which proposes (among other things) new legislation entitled the Broader Public Sector Executive Compensation Act, 2014 (the “Executive Compensation Act”). If passed, this legislation will impose limits on executive...

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Changes to Food and Drugs Act Address Patient Safety – Passage of Vanessa’s Law

Ontario Bar Association

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Public Consultation Scheduled for Broader Public Sector Accountability Bill

In Broader Public Sector Accountability Bill Re-introduced, we provided an overview of Bill 8, the proposed Public Sector and MPP Accountability and Transparency Act, 2014.  If passed, this legislation will put into place a wide range of measures aimed at...

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Changes to Food and Drugs Act address Patient Safety – Passage of Vanessa’s Law

Bill C-17, the Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law) was passed by the federal legislature and received Royal Assent on November 6, 2014.  It represents the most substantial amendment to the Food and Drugs Act (Canada) (FDA) in...

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Broader Public Sector Accountability Bill Re-introduced

On March 24, 2014, we introduced readers to Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014, for first reading by lawmakers. The stated goals of the legislation are to strengthen political accountability, enhance oversight, and increase transparency in...

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Canada’s Anti-Spam Legislation (CASL) Update

Click here to access Miller Thomson’s latest C@SL Update.

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What Health Industry Organizations Need to Know about the Provincial General Election

In preparation for Ontario’s provincial general election on June 12, 2014, health industry clients may be receiving requests from Elections Ontario to disclose patient/resident lists in order to update the province’s permanent register of electors or to set up polling...

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Canada’s Anti-Spam Legislation (CASL) Update

English: Click here to access Miller Thomson’s latest C@SL Update Français : Cliquer ici pour accéder à la dernière mise à jour à propos de la Loi canadienne anti-pourriel

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Reports from Investigations into Chemotherapy Under-Dosing Incident Make Recommendations to Strengthen Medication Oversight

In a previous Health Communiqué, Changes to Ontario and Federal drug oversight address regulatory gaps, we outlined steps taken by the Ontario and federal governments to address the regulatory oversight of a number of drug related activities. These actions were in...

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Be Prepared: You are Not Immune! How Canada’s Anti-Spam Legislation Impacts the Health Industry

Canada’s Anti-Spam Legislation or “CASL” is one of the toughest laws of its kind and will be in force July 1, 2014.  Health industry clients have a short period of time in which to prepare.      Many health industry...

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Ontario Proposes Sweeping Changes for Broader Public Sector Accountability

On March 24, 2014, the Ontario Legislature introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014 for first reading by lawmakers. The stated goals of the legislation are to strengthen political accountability, enhance oversight, and increase...

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Kathryn Frelick and Jennifer Babe quoted in Globe and Mail article on CASL

The Globe and Mail, "New anti-spam law ‘a big deal’ for small businesses"

Small businesses are scrambling to make sure they’re compliant with new anti-spam legislation taking effect on July 1 that will impact how they drum up future sales. Canada’s Anti-Spam Legislation (CASL) is a tough new law meant to crack down on unwanted...

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Canada’s Anti-Spam Legislation: It’s Time to Prepare

Canada’s anti-spam legislation (CASL) is coming into force in less than seven months. CASL will most likely apply to you and your organization. On December 4, 2013, the Government of Canada announced that Canada’s anti-spam legislation (CASL) will come into...

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Impact of Canada’s Anti-Spam Legislation on Long Term Care Homes

LTC Magazine (Ontario Long Term Care Association)

For a copy of the article, please click here.

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Liability for Privacy Breaches involving Personal Health Information – Are we entering a New Era?

Recently, there has been increasing concern about the potential risk of liability relating to privacy breaches involving personal health information. Subsequent to new developments in the law relating to tort liability and the certification of a number of class action...

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Changes to Ontario and Federal drug oversight address regulatory gaps

In response to issues raised about the safety and quality of the chemotherapy drug supply, the Ontario and federal governments have taken a number of steps to address regulatory oversight of certain drug related activities. The Ontario government has enacted...

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Amendments to 24/7 Nursing Care Requirements

LTC Magazine (Ontario Long Term Care Association)

Changes allow small hospitals that operate LTC homes to maximize resources.

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Amendments to 24/7 Nursing Care Requirements Allow Small Hospitals that Operate LTC Homes to Maximize Resources

The Long-Term Care Homes Act, 2007 (the “Act”) and Ontario Regulation 79/10 (General) (the “Regulation”) came into force on July 1, 2010. The Act and the Regulation set out a comprehensive legislative scheme for the operation and management of LTC...

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Mandatory Reporting Complaints and Investigations

LTC Magazine (Ontario Long Term Care Association), Winter 2012

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What are Electronic Health Records?

LTC Magazine (Ontario Long Term Care Association), Fall 2012

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What You Need to Know About Electronic Health Records

Long Term Care, Fall 2012

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Private Care Providers: What Should You Consider?

Ontario Long Term Care Association's Long Term Care Magazine, Summer 2012 Issue

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The Role of the Power Attorney

LTC Magazine (Ontario Long Term Care Association), Spring 2012

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AODA: Four Important New Compliancy Standards

The Voice, Spring 2012

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Transition to the RHPA: Delegation and Collaboration Practice

The Pulse, Spring 2012 (permission granted by the OAND)

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Transition to the Regulated Health Professions Act: What NDs Really Need to Know

The Pulse, Fall 2011

Members can view at: http://oand.org/join-oand/members-only/publications/the-pulse/

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The Accessibility for Ontarians with Disabilities Act: Getting Ready for January 1, 2012

Long Term Care Magazine

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The Accessibility for Ontarians with Disabilities Act, 2005: Will Your Organization Be Ready?

On January 1, 2012, the Accessibility Standards for Customer Service (the “Customer Service Regulation”) made pursuant to the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) will apply to all private sector organizations in Ontario with one or more...

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FIPPA Exemptions for Hospital Quality of Care Records

Telehealth Law, Volume 11, Number 4

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FIPPA exemption for hospital quality of care records

After considerable debate, an important amendment to Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) relating to hospital quality of care records has been passed by the Ontario legislature.  The amendment was included in the province’s budget bill,...

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Sexuality in Long Term Care

LTC Magazine (Ontario Long Term Care Association)

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Overview of the Broader Public Accountability Act, 2010 and Amendments to FIPPA

OBA The Voice of the Legal Professional

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Special Health Legislative Update: Ontario

Over the past number of years, an extraordinary series of changes relating to health service delivery in the province of Ontario has resulted in a fundamental shift in concepts of accountability and transparency.  The Ontario government embarked upon its “transformation agenda” which...

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The Broader Public Sector Accountability Act, 2010 and Amendments to the Freedom of Information and Protection of Privacy Act

Bill 122, the Broader Public Sector Accountability Act, 2010 (the “BPSAA”), was released by the Government of Ontario on October 20, 2010, passed by the legislature on December 2, 2010, and enacted December 8, 2010.  It has not yet been proclaimed in...

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Creating the Foundation for Jobs and Growth Act, 2010

Bill 16, Creating the Foundation for Jobs and Growth Act, 2010 (the “Budget Bill”) received Royal Assent on May 18, 2010, introducing notable amendments based on measures contained within the 2010 Ontario Budget. A number of schedules contain provisions related to...

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Accountability, Transparency and Quality in Long Term Care

LTC Magazine (Ontario Long Term Care Association)

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Dealing with Conflict at the End of Life

LTC Magazine (Ontario Long Term Care Association)

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Significant Changes to Ontario’s Regulated Health Professions Act, 1991 In Effect

LexisNexis Canada Inc. Health Law In Canada

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Consent and Long Term Care

LTC Magazine (Ontario Long Term Care Association)

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Ontario makes changes to governance and critical incident reporting requirements for public hospitals

On May 3, 2010, the Minister of Health and Long-Term Care introduced Bill 46, the Excellent Care for All Act, 2010, which is currently being debated in the Ontario legislature.  The Ontario Government proposes that the hospital sector implement the...

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Workplace Violence and Harrassment: New Obligations for Long Term Care Homes

LTC Magazine (Ontario Long Term Care Association)

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Influenza and Pandemic Planning in Long Term Care Homes

LTC Magazine (Ontario Long Term Care Association)

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Strategies to Manage the Difficult Resident, SDM, or Family Member

LTC Magazine (Ontario Long Term Care Association)

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Managing Risk Around Influenza A (H1N) (Swine Flu) – What Employers Should Know

LexisNexis Canada Inc, Health Law in Canada

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The Use and Misuse of Advance Directives

LTC Magazine (Ontario Long Term Care Association)

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Resident Safety and Disclosure of Adverse Events

LTC Magazine (Ontario Long Term Care Association)

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2009 Ontario Provincial Budget – Overview for the Health Industry

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Ontario Court Looks At Public Consultation Requirements For Local Health Integrated Networks

Risk Management in Canadian Health Care, 30-32

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Ontario Court Looks At Public Consultation Requirements For LHINS

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Court of Appeal Reconsiders Approach in “Wrongful Life” Claim

Health Law in Canada, 4-5

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After the Year of the Data Breach – Managing Privacy Risk and Liability Privacy Roundtable – Powerpoint Presentations

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Court of Appeal Reconsiders Approach in “Wrongful Life” Claim

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Update on Disclosure of Harm: Are You Prepared?

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Government Transparency, New Disclosure Rules Affect Procurement Contracts

Canadian Consulting Engineer

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Managing Workplace Violence and Disruptive Physician Behaviour: Coroner’s Inquest Into the Death of Lori Dupont

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PHIPA Q&A: Practical Advice for Frequently Asked Questions. “Can Health information custodians provide access to health records for Consent and Capacity Board hearings?”

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Implications of the Private Security and Investigative Services Act, 2005 (Bill 159) for Health Industry Clients

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Disclosing Client Information to Elections Ontario

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Mandatory Disclosure of Critical Incidents

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Ontario’s Health System Improvements Act, 2007

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Long Term Care Homes Act, 2007

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Ontario Legislative Update: Status of Bills 140 and 171 and House Business

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Ontario Legislative Update

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Potential Implications of Proposed Ontario Long Term Care Homes Legislation for Directors and Officers

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Government cannot be sued for failing to prevent spread of west nile virus

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Long-Awaited Long-Term Care Homes Act Introduced

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Finding of Incapacity to consent to treatment upheld

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Disclosure of Psychological Test Data and Protocols

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Overview of Transparent Drug System for Paitents Act, 2006

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Proposed Amendments to Fundraising Provisions Under Ontario Health Privacy Regulation

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Release of Personal Health Information to Statistics Canada

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Dealing with Law Enforcement and Releasing Information Regarding Presence in a Facility

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Ontario Legislative Update – A Year in Review.pdf

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Proposed Regulation under PHIPA.pdf

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Local Health Integration Networks – Bill C-36 – The Ontario Government Proposes Sweeping Powers Over Charitable Property Donated in Health Care Sector

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Local Health System Integration Act, 2005 – Update and Issues

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Overview of the Proposed Local Health System Integration Act, 2005

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Privacy and Disclosure to Law Enforcement Agents

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Health Privacy Resources

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Mandatory Gunshot Wounds Reporting Act

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Legislative Update: Bill 110 and The Duty To Report Gunshot Wounds

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Legislative Update May 2005

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Privacy Legislation and the Circle of Care

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Legislative Update – 2004 – A Year in Review

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Bills 8 and 31 – Committee Hearings

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Legislative Update – Bills 8 and 31

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Consent and Capacity Board Issues Rules of Practice

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Bill 8: An Illusionary Accountability?

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Bill 31: Health Privacy Update

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Notice: Public Consultation on Provincial Legislative Initiatives

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Update on Privacy

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Ontario Introduces Health Privacy Legislation

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Lookback and Patient Notification Programs

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Ensuring Quality Physician Care in Long Term Care Facilities¹

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Physician Membership on Health Facility Committees and Boards

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Challenging Government Decisions Regarding Health Funding

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Starson v. Swayze: Patient Wins Right to Refuse Recommended Psychiatric Treatment

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Medicinal Marihuana Update

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Reporting Obligations: OHIP Fraud

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Reporting Obligations: Ontario Disability Support Program (ODSP)

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Medicinal Marihuana and the Health Facility

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Duties and Obligations of the Officer in Charge: Review of Certification Documents under the Mental Health Act

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Voluntary Problem Reporting for Medical Devices

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New Faces in the Health Industry Practice Group at Miller Thomson LLP

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CPSO Policy on Disclosure of Harm: Implications for Health Care Facilities

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Legislative Update – Health Protection and Promotion Act, Public Hospitals Act, Emergency Readiness Act

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Ontario’s New Limitations Act and its Impact on Health Industry Clients

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Audit Trail – The Importance of Having a System for Following Up On Test Results

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Legislative Update: Amendments to Placement Process to Long Term Care Facilities

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Legislative Update: Proposed Provincial Legislation, Bill 27 Patients’ Bill of Rights, 2002

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Arbitration Board Rules Flu Vaccination Requirement not Enforceable

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Board Orientation Program

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Case Summary: Obligations on Health Facilities to Enforce Their Internal Policies

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Ontario’s Draft Privacy Legislation Released for Consultation

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Bill 105: Health Protection and Promotion Act

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Implications of Canada’s Privacy Legislation for Health Industry Clients

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Amendments to Public Hospitals Act Permit Expanded Privileges for Oral and Maxillofacial Surgeons

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Chart Completion – What are a Hospital’s Obligations under the Public Hospitals Act?

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Good Samaritan Law

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Respiratory Therapy Update

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Critical Shortages in Mental Health Liability for Holding Patients Awaiting Psychiatric Beds

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