PHIPA vs. PIPEDA: Understanding Health Privacy Laws in Ontario and Canada

When you run a healthcare practice in Canada — whether you’re a sole proprietor, corporation, or clinic owner — protecting patient information isn’t optional, it’s the law. Two main privacy frameworks apply:

• PHIPA (Personal Health Information Protection Act) – Ontario’s health-specific privacy law.
• PIPEDA (Personal Information Protection and Electronic Documents Act) – Canada’s federal privacy law for private-sector organizations.

Understanding how these laws apply — and where they overlap — is essential for compliance and avoiding costly privacy breaches.

PHIPA – Ontario’s Health Privacy Law

Scope:

PHIPA governs how health information custodians — such as doctors, nurse practitioners, clinics, hospitals, pharmacies, labs, and other health-sector organizations — collect, use, and disclose personal health information (PHI) in Ontario.

What’s Protected:

Any information that can identify a patient and relates to:

• Physical or mental health
• Health history or care received
• Payments for healthcare services
• Ontario health card number
• Substitute decision-maker information

Consent:

In most situations, you must obtain a patient’s consent before collecting, using, or sharing their PHI — unless an exception applies (for example, in emergencies or for public health reporting). Patients can also refuse or withdraw consent, except where disclosure is required by law.

Patient Rights Under PHIPA:

• To know why their information is being collected or used
• To access and get copies of their health records
• To request corrections
• To be notified of breaches
• To file a complaint with the Information and Privacy Commissioner of Ontario

Breach Notification:

If a privacy breach occurs, custodians must notify the affected individual and, in certain cases, report to the Information and Privacy Commissioner.

PIPEDA – Canada’s Federal Privacy Law

Scope:

PIPEDA applies to private-sector organizations across Canada that collect, use, or disclose personal information in the course of commercial activities — including health information in some contexts.

What’s Protected:

Any personal information that can identify an individual, such as:

• Names and contact information
• Health details
• Medical history
• Financial or billing information

Consent and Rights:

Under PIPEDA, individuals have the right to know how their data will be used, access and correct their information, and withdraw consent.

Breach Notification:

Organizations must inform the Office of the Privacy Commissioner of Canada and affected individuals if a breach poses a “real risk of significant harm.”

PHIPA vs. PIPEDA in Ontario

In Ontario’s health sector, PHIPA takes precedence because it’s considered “substantially similar” to PIPEDA for health information.

• PHIPA applies to healthcare providers handling PHI within Ontario.
• PIPEDA applies in commercial contexts not covered by PHIPA, such as when health information is shared across provincial borders or with federal works and undertakings.

Why This Matters for Your Practice

If you’re a healthcare provider in Ontario, PHIPA compliance is essential. But if your clinic works with organizations or systems outside Ontario, you may also need to comply with PIPEDA.

This is where TME Healthcare can help. We specialize in:

• EMR setup and customization for Canadian compliance
• PHIPA/PIPEDA-compliant communication tools (email, fax, text, phone)
• Privacy audits and breach readiness
• Staff training so your entire team understands their responsibilities

By managing the tech and compliance side, we let you focus on your clinical role — without the stress of navigating complex privacy laws.