When you run a healthcare practice in Canada—whether you’re a sole practitioner, clinic owner, or incorporated provider—protecting patient information isn’t optional. It’s a legal requirement. Privacy laws govern how you collect, use, store, and share patient data, and failing to comply can lead to serious consequences, including fines, investigations, and loss of patient trust.
In Canada, two main privacy laws apply to healthcare practices: PHIPA (Personal Health Information Protection Act) and PIPEDA (Personal Information Protection and Electronic Documents Act). Understanding how these laws work—and when each one applies—is essential for staying compliant.
PHIPA governs how health information custodians handle personal health information in Ontario. This includes physicians, nurse practitioners, clinics, hospitals, pharmacies, laboratories, and other healthcare organizations. If you provide healthcare services in Ontario, PHIPA almost certainly applies to your practice.
PHIPA protects personal health information (PHI), which includes any information that can identify a patient and relates to their physical or mental health, medical history, healthcare services received, payment or billing information, Ontario health card numbers, and substitute decision-maker information.
In most situations, patient consent is required before collecting, using, or disclosing PHI. Consent may be explicit or implied depending on the circumstances. Patients also have the right to refuse or withdraw consent, except where disclosure is required by law, such as during emergencies or public health reporting.
Under PHIPA, patients have the right to know why their information is being collected or used, access and obtain copies of their health records, request corrections, be notified if a privacy breach occurs, and file a complaint with the Information and Privacy Commissioner of Ontario.
If a privacy breach occurs, healthcare custodians must notify the affected individual and, in certain cases, report the incident to the Information and Privacy Commissioner of Ontario. Timely notification and proper documentation are essential.
PIPEDA applies to private-sector organizations across Canada that collect, use, or disclose personal information in the course of commercial activities. This can include health information in certain situations, particularly when information is shared outside Ontario or with organizations not covered by PHIPA.
PIPEDA protects any personal information that can identify an individual, including names, contact details, health and medical information, and financial or billing data.
Under PIPEDA, individuals have the right to understand how their information will be used, access and correct their data, and withdraw consent, subject to legal or contractual limitations.
Organizations must notify the Office of the Privacy Commissioner of Canada and affected individuals if a breach creates a real risk of significant harm.
In Ontario’s healthcare sector, PHIPA generally takes precedence because it is considered substantially similar to PIPEDA for health information.
PHIPA applies to healthcare providers handling personal health information within Ontario. PIPEDA may still apply in commercial contexts not covered by PHIPA, such as when health information is shared across provincial borders or with federally regulated organizations.
Privacy compliance is about more than avoiding penalties. It protects your patients, your reputation, and the continuity of your practice. As clinics increasingly rely on digital records, electronic communication, and third-party vendors, understanding and meeting privacy obligations becomes more complex—and more important.
