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Chapter 21 (not in force provisions only current as of January 21, 2026) HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2)

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1 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2)

Chapter 21 HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Health Care Insurance Act Amends RSA 2000 cA-20 1(1) The Alberta Health Care Insurance Act is amended by this section.

(3) Section 1 is amended (

c) by adding the fo llowing after clause (l): (l.1) “flexibly participating physician” means a physician who provides insured health services and non-Plan services; (

e) by repealing clause (

n) and substituting the following: (n) “insured health servi ces” means the insured health services specified in

section 2(2); (

f) by adding the following after clause (o): (o.1) “non-participating dentist” means a dentist who provides non-Plan services and does not provide insured health services; (o.2) “non-participating physician” means a physician who provides non-Plan services and does not provide insured health services; (o.3) “non-Plan services” mean s the services described in

section 2(2)(a), (

b) and (

c) when they are not provided under the Plan as insured health services; (

g) by adding the fo llowing after clause (s):

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 2 (s.1) “participating dentist” means a dentist who provides insured health services and does not provide any non-Plan services; (s.2) “participating physician” means a physician who provides insured health services and does not provide any non-Plan services;

(5) Section 2 is repealed and the following is substituted: Insured health services 2(1) In this section, (a) “employee” means an indivi dual employed to do work who receives or is entitled to wages and includes a former employee; (b) “employer” means a person who employs an employee and includes a former employer.

(2) Subject to subsection (3), the following are insured health services: (

a) all services provided by physicians that are medically required; (

b) services provided by dentists in the field of oral and maxillofacial surgery that are specified in the regulations; (

c) other services declared to be insured health services in the regulations.

(3) Insured health services do not include any services that a person is eligible for and entitled to under (

a) an Act of the Parliament of Canada, (

b) the Workers’ Compensation Act or a law of any jurisdiction outside Alberta relating to workers’ compensation, or (

c) a contract, program, plan or arrangement established, maintained in force or renewed by an employer, insurer, association or other organization under which benefits for health services are paid to or on behalf of all or some of

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Chapter 21 3 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

i) the employees, policyhol ders or members of the employer, insurer, association or organization who are residents, or (ii) the dependants of those employees, policyholders or members.

(8) Section 4 is amended (

b) in subsection (5) by striking out “is a resident if the certificate was in effect” and substituting “in respect of whom the certificate was issued is a resident if the certificate was not expired”.

(10) Section 6 is repealed and the following is substituted: Payment of benefits 6(1) No physician, dentist or person referred to in

section 20.1 may receive the payment of benefits from the Minister for insured health services provided in Alberta to a resident unless the insured health services were provided by a participating physician, participating dentist or flexibly participating physician.

(2) No resident may receive the payment of benefits from the Minister for insured health services provided in Alberta to the resident by a physician or dentist unless the insured health services were provided by a participating physician, participating dentist or flexibly participating physician.

(3) Notwithstanding subsections (1) and (2), the Minister may pay benefits for insured health services provided in Alberta to a resident in an emergency by a flexibly participating physician, non-participating physician or non-participating dentist.

(11) Section 7 is amended (

a) by repealing subsection (1) and substituting the following: Participation in Plan by dentists 7(1) Subject to subsection (2), every dentist is deemed to be a participating dentist. (

b) in subsection (2) (

i) by striking out “opt out of the Plan” and substituting “elect to practise as a non-participating dentist”; (ii) by repealing clause (

a) and substituting the following:

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 4 (

a) notifying the Minister in writing of the following: (

i) that the dentist is electing to practise as a non-participating dentist; (ii) the effective date of the election, (iii) by striking out “opting out” wherever it occurs and substituting “election”; (

c) in subsection (3) (

i) by striking out “opt out of the Plan” and substituting “elect to practise as a non-participating dentist”; (ii) in clause (

a) by striking out “opted-out practice” and substituting “practising as a non-participating dentist”; (iii) in clause (

b) by striking out “opting out” and substituting “election”; (

d) in subsection (4) (

i) by striking out “A dentist who has opted out of the Plan” and substituting “A non-participating dentist”; (ii) in clauses (

a) and (

b) by striking out “opted-out status” and substituting “status as a non-participating dentist”; (

e) by repealing subsection (5) and substituting the following:

(5) A non-participating dentist may elect to practise as a participating dentist by notifying the Minister in writing at least 30 days prior to the effective date of the election.

(12) Section 8 is repealed and the following is substituted: Participation in Plan by physicians 8(1) Subject to subsection (2), every physician is deemed to be a participating physician.

(2) A physician may elect to practise as a flexibly participating physician or non-participating physician.

(3) A physician who makes an election under subsection (2) must notify the Minister in writing of the following: (

a) that the physician is electing to practise as a flexibly participating physician or non-participating physician;

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Chapter 21 5 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

b) the effective date of the election.

(4) For greater certainty, a physician who elects to practise as a flexibly participating physician is not required to notify the Minister under subsection (3) of (

a) the specific services the phy sician intends to provide as non-Plan services or as insured health services, or (

b) the specific circumstances under which the physician intends to provide non-Plan services or insured health services.

(5) A flexibly participating physician may decide on a case-by-case basis whether to provide a service described in

section 2(2)(a), (

b) or (

c) as a non-Plan service or an insured health service.

(6) A flexibly participating physician may elect to practise as a participating physician or non-participating physician by notifying the Minister in writing of the effective date of the election.

(7) A non-participating physician may elect to practise as a participating physician or flexibly participating physician by notifying the Minister in writing of the effective date of the election.

(8) A notification under subsection (3), (6) or (7) must be made in advance of the effective date of the election. Ministerial orders re provision of non-Plan services or insured health services 8.1(1) For the purposes of ensuring the adequate provision of insured health services, the Minister may make orders respecting the provision of non-Plan services or insured health services by flexibly participating physicians and non-participating physicians, including orders (

a) restricting the types of services, including services in particular practice areas or specialties, that flexibly participating physicians or non-participating physicians may provide as non-Plan services, (

b) establishing (

i) circumstances in which flexibly participating physicians or non-participating physicians may provide non-Plan services or in which flexibly

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 6 participating physicians may provide insured health services, or (ii) conditions that flexibly participating physicians or non-participating physicians must meet to provide non-Plan services or that flexibly participating physicians must meet to provide insured health services, (

c) prohibiting flexibly participating physicians or non-participating physicians from providing services in particular practice areas or specialties or in particular circumstances as non-Plan services, or (

d) establishing other requirements, conditions, restrictions or prohibitions respecting the provision of non-Plan services or insured health services.

(2) An order made under subsection (1) must not take effect until at least 90 days after the Minister makes the order unless the Minister is of the opinion that a shorter period is appropriate in the circumstances or necessary for the adequate provision of insured health services.

(3) An order made under subsection (1) must be published as soon as practicable on the website of the Minister’s department. Provision of non-Plan services 8.2(1) A flexibly participating physician or non-participating physician must, before providing a non-Plan service to a patient, provide the patient with the following information: (

a) the status of the physician as a flexibly participating physician or non-participating physician; (

b) the nature of the non-Plan service; (

c) the amount the flexibly participating physician or non-participating physician will charge the patient for providing the non-Plan service; (

d) that the patient is required to pay the amount referred to in clause (

c) to the flexibly participating physician or non-participating physician to receive the non-Plan service; (

e) that the patient is not en titled to receive the payment of benefits from the Minister for the non-Plan service;

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Chapter 21 7 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

f) that the patient may, if entitled to receive insured health services under this Part, receive the non-Plan service as an insured health service from a participating physician or flexibly participating physician.

(2) A flexibly participating physician or non-participating physician must not provide a non-Plan service to a patient unless (

a) the physician pr ovides the patient with the information required under subsection (1), and (

b) the patient, in writing, (

i) acknowledges receipt of the information, (ii) agrees to receive th e non-Plan service from the physician, and (iii) agrees to pay the amount charged by the physician to provide the non-Plan service.

(3) A flexibly participating physician or non-participating physician must maintain records with respect to each patient to whom the physician proposes to provide a non-Plan service, including (

a) records respecting the matters referred to in subsection (2)(b), and (

b) any other records, information or documents prescribed by the regulations. Requirement to keep records, information and documents 8.3(1) A flexibly participating physician must (

a) maintain records, information and documents respecting the provision of non-Plan services and insured health services in accordance with this Part and the regulations, and (

b) ensure that the required records, information and documents are maintained separately with respect to the non-Plan services and insured health services that the physician provides.

(2) A non-participating physician must maintain records, information and documents respecting the provision of non-Plan services in accordance with this Part and the regulations.

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 8 Request for records, information and documents by Minister 8.4(1) The Minister may require a flexibly participating physician or non-participating physician to provide the Minister, in accordance with the regulations, with records, information and documents respecting the provision of non-Plan services or insured health services.

(2) The Minister may require a flexibly participating physician or non-participating physician to provide records, information and documents that include personal information as defined in the Protection of Privacy Act or individually identifying health information within the meaning of the Health Information Act. Review 8.5 The Minister may conduct a review of sections 8 to 8.4 after the date on which the provisions come into force.

(13) Section 9 is amended (

b) by repealing subsection (1) and substituting the following: Extra billing 9(1) A participating physician, participating dentist or flexibly participating physician who provides insured health services to a person shall not charge or collect from any person an amount in addition to the benefits payable by the Minister for the insured health services. (

d) in subsection (2)(

c) by striking out “have opted out of the Plan” and substituting “be practising as a non-participating physician or non-participating dentist”.

(15) Section 10 is repealed and the following is substituted: Emergency services 10 If a flexibly participating physician, non-participating physician or non-participating dentist provides the services described in

section 2(2)(a), (

b) or (

c) in Alberta in an emergency to a resident in respect of whom benefits may be paid and the physician, dentist or resident is paid benefits with respect to the provision of those services, the physician or dentist shall not charge or collect from any person an amount in addition to those benefits.

(16) Section 11 is amended (

b) by repealing subsection (1) and substituting the following: Other prohibited fees 11(1) No person shall charge or collect from any person

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Chapter 21 9 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

a) an amount for goods or se rvices that are provided as a condition to receiving an insured health service provided by a participating physician, participating dentist or flexibly participating physician, or (

b) an amount the payment of which is a condition to receiving an insured health service provided by a participating physician, participating dentist or flexibly participating physician, where the amount is in addition to the benefits payable by the Minister for the insured health service.

(17) Section 12 is amended (

b) by repealing subsection (1) and substituting the following: Prohibition on receiving benefits 12(1) A participating physician, participating dentist or flexibly participating physician who provides insured health services to a person in circumstances where the physician knows or ought reasonably to know that the person is being charged an amount in contravention of

section 11 shall not receive the payment of benefits from the Minister for those insured health services.

(19) The following is added after

section 13: Minister’s right to recover amounts re flexibly participating physicians or non-participating physicians or dentists 13.1(1) The Minister may act under subsection (2) if a flexibly participating physician, non-participating physician or non-participating dentist receives the payment of benefits in contravention of

section 6(1).

(2) If subsection (1) applies, the Minister may recover the benefits by one or more of the following means: (

a) by withholding the amount of the benefits from any benefits payable to the flexibly participating physician; (

b) by civil action as though the amount of the benefits were a debt owing to the Crown in right of Alberta; (

c) under an agreement between the Minister and the flexibly participating physician, non-participating physician or non-participating dentist that provides for the repayment of the amount of the benefits.

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 10

(3) The Minister shall reimburse a person in respect of whom benefits may be paid for any amounts recovered under this

section that were paid by the person and have not been previously reimbursed.

(21) Section 15 is amended (

b) by repealing subsection (1) and substituting the following: Duty to advise 15(1) Prior to providing non-Plan services in Alberta to a resident in respect of whom benefits may be paid, a flexibly participating physician, non-participating physician or non- participating dentist shall advise the resident of that fact and that the resident is not entitled to be reimbursed from the Plan for the cost of any non-Plan services provided by the physician or dentist.

(22) Section 16 is amended (

a) in subsection (1) (ii) by adding the fo llowing after clause (c): (c.01) declaring any basic h ealth services referred to in

section 1(b)(ii), (iii), (iv) or (

v) to be insured health services; (c.02) defining “insurer”, “association”, “organization”, “policyholder” and “member” for the purposes of

section 2(3)(c); (

v) by repealing clause (

k) and substituting the following: (

k) prescribing records, information and documents for the purposes of

section 8.2(3)(b); (k.1) respecting records, information and documents for the purposes of sections 8.2 and 8.3, including requirements relating to maintaining the records, information and documents separately for the purposes of

section 8.3(1)(b); (k.2) respecting the records, information and documents the Minister may require flexibly participating physicians and non-participating physicians to provide for the purposes of

section 8.4, including regulations respecting the time at which and the form

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Chapter 21 11 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) and manner in which the records, information and documents must be provided;

(25) The following is added after

section 19: Deeming physicians or dentists to be flexibly participating or non-participating physicians or dentists 19.1(1) Subject to subsections (4) and (5), the Minister may make an order (

a) deeming a participating physician or flexibly participating physician to be a non-participating physician, a participating physician to be a flexibly participating physician or a participating dentist to be a non-participating dentist if (

i) the Minister reassesses a claim for benefits in relation to

section 18(2)(

b) and the physician or dentist becomes liable for an amount under

section 18(5) with respect to the claim, (ii) the Minister is of the opinion that there is a substantial likelihood that the physician or dentist will contravene or fail to comply with this Division or the regulations made under this Division, (iii) the physician or dentist has a history of contravening or failing to comply with this Division or the regulations made under this Division, (iv) the physician or dentist has contravened or failed to comply with this Division or the regulations made under this Division, or (

v) the Minister becomes aware that the physician or dentist has been charged with or convicted of an offence (

A) under this Division or the regulations made under this Division that relates to a claim for benefits, or (

B) under the Criminal Code (Canada) that relates to a contravention or failure to comply with this Division or the regulations made under this Division by the physician or dentist in respect of a claim for benefits, whether or not the physician or dentist was charged with an offence under this Division or the regulations made under this Division,

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 12 o r (

b) deeming a participating physician or flexibly participating physician to be a non-participating physician or a participating physician to be a flexibly participating physician if the physician enters into an agreement with a person referred to in

section 20.1 and, with respect to the insured health services provided by the physician under the agreement, (

i) the Minister reassesses a claim for benefits in relation to

section 18(2)(

b) and the person becomes liable for an amount under

section 18(5) with respect to the claim, (ii) the Minister is of the opinion that there is a substantial likelihood that the person will contravene or fail to comply with this Division or the regulations made under this Division, (iii) the person has a history of contravening or failing to comply with this Division or the regulations made under this Division, (iv) the person has contravened or failed to comply with this Division or the regulations made under this Division, or (

v) the Minister becomes aware that the person has been charged with or convicted of an offence (

A) under this Division or the regulations made under this Division that relates to a claim for benefits, or (

B) under the Criminal Code (Canada) that relates to a contravention or failure to comply with this Division or the regulations made under this Division by the person in respect of a claim for benefits, whether or not the person was charged with an offence under this Division or the regulations made under this Division.

(2) If the Minister makes an order under subsection (1)(b), the Minister may make an order prohibiting the person referred to in

section 20.1 from receiving the payment of benefits with respect to the insured health services provided by the physician under the agreement during the period referred to in subsection (3)(a).

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Chapter 21 13 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2)

(3) An order made under subsection (1) shall (

a) be for a specified period or of indefinite duration, (

b) specify that the physician or dentist is deemed to be a flexibly participating physician, non-participating physician or non-participating dentist for the period referred to in clause (a), and (

c) if the physician is deemed to be a flexibly participating physician, specify (

i) the insured health services the physician is not to provide as insured health services, or (ii) the circumstances in which the physician is not to provide insured health services.

(4) If the Minister intends to make an order under subsection (1) or (2), the Minister shall send a written notice to the physician, dentist or person referred to in

section 20.1 (

a) notifying the physician, dentist or person of the Minister’s intention to make the order, (

b) setting out the reasons why the Minister intends to make the order, (

c) notifying the physician, dentist or person of their right to respond to the Minister’s reasons, and (

d) setting out the period within which the physician, dentist or person may provide a response.

(5) The Minister shall not make an order under subsection (1) or (2) unless (

a) the period referred to in subsection (4)(

d) has expired, and (

b) the Minister is of the opinion that it is appropriate to make the order, considering any response provided under subsection (4) by the physician, dentist or person referred to in

section 20.1.

(6) A copy of an order made under subsection (1) or (2) must be served on the physician, dentist or person referred to in

section 20.1 against whom it is made.

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 14

(7) The physician, dentist or person referred to in

section 20.1 may, within 30 days after the date on which the physician, dentist or person received the copy of the order, apply to the Court of King’s Bench to have the order rescinded or varied.

(8) After hearing the application, the Court may (

a) confirm the order, or (

b) direct the Minister to (

i) rescind the order, if the Court considers the Minister had no reasonable justification for making it, or (ii) vary the order in the manner specified by the Court.

(9) When an order made under subsection (1) or (2) is of indefinite duration, the Minister shall review the order at least annually.

(26) Section 20.1 is amended (ii) by repealing clause (

c) and substituting the following: (

c) the physician was practising as a participating physician when the insured health service was provided.

(46) The following is added after

section 44:

Part 3 Drug and Supplemental Benefits Plans Division 1

Interpretation and Application

Interpretation 74(1) In this Part, (a) “drug and supplemental benefit” means the amount payable in respect of the cost of drug and supplemental services (

i) by the Minister under a public drug and supplemental benefits plan, where the drug and supplemental services are provided to a member of that plan, or

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Chapter 21 15 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (ii) under a private drug and supplemental benefits plan, where the drug and supplemental services are provided to a member of that plan; (b) “drug and supplemental benefits plan” means a contract, program, plan or arrangement under which drug and supplemental benefits are paid to members; (c) “drug or supplemental service” means (

i) a drug or related good on the list of drugs and related goods established or adopted for the purposes of a drug and supplemental benefits plan, (ii) a supplemental good or service on the list of supplemental goods and services established or adopted for the purposes of a drug and supplemental benefits plan, or (iii) the dispensing or provis ion of a drug or related good referred to in subclause (

i) or a supplemental good or service referred to in subclause (ii) to a member of a drug and supplemental benefits plan in accordance with the terms and conditions of the plan; (d) “employee” means an individu al employed to do work who receives or is entitled to wages and includes a former employee; (e) “employer” means a person who employs an employee and, for the purposes of Division 3, includes a former employer; (f) “employer-sponsored drug and supplemental benefits plan” means a private drug and supplemental benefits plan established, maintained in force or renewed by an employer and under which drug and supplemental benefits are paid to all or some of the employer’s employees who are residents; (g) “member” means, with resp ect to a drug and supplemental benefits plan, a resident who has been enrolled as a member of the plan and is entitled to receive drug and supplemental benefits under the plan; (h) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (i) “private drug and supplemental benefits plan” means a drug and supplemental benefits plan established, maintained in force or renewed by an employer, person or unincorporated

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 16 group of persons, but does not include a public drug and supplemental benefits plan; (j) “public drug and supplemental benefits plan” means (

i) the Alberta Blue Cross Plan only with respect to a resident enrolled as a non-group member of the Alberta Blue Cross Plan under the regulations made under

Part 1, or (ii) a drug and supplemental be nefits plan prescribed by the regulations; (k) “resident” means a person who is (

i) lawfully entitled to be or remain in Canada and makes the person’s home and is ordinarily present in Alberta, or (ii) deemed by the regulations to be a resident, but does not include a tourist, transient or visitor to Alberta or a person who is assumed under the Health Insurance Premiums Act no longer to be a resident.

(2) For greater certainty, a drug and supplemental benefits plan established for the employees of a municipality or the employees of the Government of Alberta is a private drug and supplemental benefits plan. Application of

Part 75 This Part applies notwithstanding any other Part of this Act or the regulations made under those Parts. Non-application of Insurance Act 76 The Insurance Act does not apply with respect to an employer-sponsored drug and supplemental benefits plan. Division 2 Payor of Last Resort Payor of last resort 77(1) In this section, “alternative payor” means, with respect to a member of a public drug and supplemental benefits plan, another drug and supplemental benefits plan, which is not a public drug and supplemental benefits plan, under which the member is entitled to receive a drug and supplemental benefit, including (

a) a drug and supplemental benefits plan established, maintained in force or renewed by (

i) the Government of Canada,

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Chapter 21 17 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (ii) the government of another province or territory, or (iii) a provincial health agency or provincial health corporation under the Provincial Health Agencies Act, and (

b) a private drug and supplemental benefits plan.

(2) Subject to subsection (3), no drug and supplemental benefit shall be paid under a public drug and supplemental benefits plan in respect of a drug or supplemental service provided to a member if the member is entitled to receive a drug and supplemental benefit from an alternative payor for the same or equivalent drug or supplemental service.

(3) A drug and supplemental benefit may be paid under a public drug and supplemental benefits plan to a member in respect of a drug or supplemental service referred to in subsection (2) only if (

a) the member is entitled to r eceive, in accordance with the terms and conditions of the public drug and supplemental benefits plan, the drug and supplemental benefit under the public drug and supplemental benefits plan, and (

b) the member submitted a claim for the drug and supplemental benefit to an alternative payor and the alternative payor (

i) paid none of the amount claimed, (ii) paid only part of the amount claimed, (iii) deemed the member not to be entitled to receive the drug and supplemental benefit, or (iv) denied the claim.

(4) The amount of a drug and supplemental benefit paid under a public drug and supplemental benefits plan under subsection (3) (

a) must be paid in accordance with the terms and conditions of the public drug and supplemental benefits plan, and (

b) must not be greater than the portion of the claim that was not paid by the alternative payor.

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 18 Division 3 Prohibition on Age Discrimination Prohibition on changes to employer-sponsored drug and supplemental benefits plans on basis of age 78(1) No employer who establishes, maintains in force or renews an employer-sponsored drug and supplemental benefits plan shall include or authorize the inclusion of a provision in the plan or in an agreement relating to the plan that allows the employer, solely on the basis of a member’s age, to (

a) terminate the member’s membership in the employer-sponsored drug and supplemental benefits plan, or (

b) terminate, reduce or mo dify the member’s drug and supplemental benefits under the employer-sponsored drug and supplemental benefits plan.

(2) An employer does not contravene subsection (1) if a member’s claim for drug and supplemental benefits in respect of a drug is denied, solely on the basis of the member’s age, if (

a) sale of the drug is approved under the Food and Drugs Act (Canada) only with respect to a particular age group, or (

b) a regulated member under the Health Professions Act with the authority to prescribe, dispense, compound or sell the drug determines that it is appropriate to prescribe, dispense, compound or sell the drug only with respect to a particular age group. Invalidity of provisions 79(1) Subject to subsection (2), a provision or part of a provision in an employer-sponsored drug and supplemental benefits plan or in an agreement relating to an employer-sponsored drug and supplemental benefits plan that purports to authorize an action described in

section 78(1) is of no force or effect. (2) Subsection (1) does not apply with respect to a provision or part of a provision to the extent that it authorizes an action described in

section 78(2). Minister’s order for compliance 80(1) In this section, “administrator” means, with respect to an employer-sponsored drug and supplemental benefits plan, (

a) the employer who administ ers or operates the plan, or (

b) a person with whom the employer enters into an agreement to administer or operate the plan.

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Chapter 21 19 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2)

(2) If an employer contravenes

section 78(1), the Minister may make an order (

a) directing the employer, if the employer is the administrator, to (

i) reinstate a member whose membership in the employer-sponsored drug and supplemental benefits plan was terminated, on the same terms and conditions that applied before the termination, (ii) restore the drug and supplemental benefits of a member whose drug and supplemental benefits were terminated, reduced or modified, on the same terms and conditions that applied before the drug and supplemental benefits were terminated, reduced or modified, or (iii) reimburse a member described in subclause (

i) or (ii) for the amounts paid by the member for drug or supplemental services that the member would have otherwise been entitled to receive under the employer-sponsored drug and supplemental benefits plan during the following periods: (

A) for a member referred to in subclause (i), the period beginning on the date the member’s membership was terminated and ending on the date the member is reinstated; (

B) for a member referred to in subclause (ii), the period beginning on the date the member’s drug and supplemental benefits were terminated, reduced or modified and ending on the date the member’s drug and supplemental benefits are restored, (

b) directing the employer, if the employer is not the administrator, to require that the administrator take the actions described in clause (a)(i), (ii) or (iii), and (

c) establishing the period within which the employer must take the actions described in clause (

a) or (b). Court order for compliance 81(1) If an employer fails to comply with an order made under

section 80(2), the Minister may apply to the Court of King’s Bench for an order (

a) directing the employer to act in accordance with the order made under

section 80(2), and

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 20 (

b) imposing any conditions that the Court considers appropriate.

(2) An application under subsection (1) must be served on the employer at least 5 days before the date on which the Court is to hear the application. Division 4 Regulations Regulations 82 The Lieutenant Governor in Council may make regulations prescribing drug and supplemental benefits plans as public drug and supplemental benefits plans for the purposes of

section 74(1)(j)(ii).

(47) On the coming into force of this section, a physician or dentist who was, immediately before the coming into force of this section, (

a) opted into the Plan is deemed to be a participating physician or participating dentist, (

b) opted out of the Plan under

section 8 is deemed to be a non-participating physician or non-participating dentist, and (

c) deemed to be opted out of the Plan under

section 9(2)(

c) is deemed to be a non-participating physician or non-participating dentist until the end of the period specified in the order made under that section. Health Information Act Amends RSA 2000 cH-5 7(1) The Health Information Act is amended by this section.

(2) Section 1 is amended (

a) in subsection (1) (

i) in clause (a)(iv) by striking out “as defined in

section 66(1)”; (ii) by adding the fo llowing after clause (a): (a.1) “Alberta EHR” mean s the integrated electronic health information system established to provide access to the health information accessible via the Alberta EHR in a secure environment as may be further defined or described in the regulations;

Section 7

Chapter 21 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (iii) by adding the following after clause (c): (c.1) “authorized custodian” means a custodian of health information accessible via the Alberta EHR that is (

i) a custodian referred to in

section 1(1)(f)(iii) or (iv), (ii) a ministerial custodian, (iii) a departmental custodian, or (iv) any other custodian the Minister designates to be an authorized custodian in accordance with the regulations; (c.2) “authorized user” means a person, other than a custodian, authorized under

Part 5.1 to use shared health information or to use health information accessible via the Alberta EHR; (c.3) “automated system” means any technology that assists or replaces the judgment of human decision makers using a rules-based system, regression analysis, predictive analytics, machine learning, deep learning, a neural network or another technique; (iv) by adding the fo llowing after clause (e): (e.1) “common or integrated program or service” means a program or service (

i) that is planned, administered, delivered or managed and, if applicable, monitored or evaluated by one or more public bodies and one or more custodians working collaboratively, and (ii) within which health services and any related well-being services are provided; (

v) in clause (f) (

A) in subclause (iii) by striking out “provincial health corporation” and substituting “health services delivery organization”; (vi) in clause (

g) by striking out “by combining individually identifying or non-identifying health information or other information” and substituting “by

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 22 combining individually identifying health information or other individually identifying information”; (vii) in clause (

i) in the portion following subclause (vi) by striking out “when a health service is provided to the individual” and substituting “for the purpose of providing a health service”; (viii) by adding the fo llowing after clause (k): (k.01) “health information accessible via the Alberta EHR” means the health information that is (

i) in electronic form, and (ii) in the custody or control of 2 or more authorized custodians in accordance with Division 3 of

Part 5.1; (ix) in clause (

p) by striking out “describe health information” and substituting “describe information, including health information”; (

x) by adding the fo llowing after clause (p): (p.1) “information manager” means a person or body that (

i) processes, stores, retrieves or disposes of health information, (ii) in accordance with the regulations, strips, encodes or otherwise transforms individually identifying health information to create non-identifying health information, or (iii) provides information management or information technology services in a manner that requires the use of health information but does not include an individual employed by a custodian who performs any of the functions listed in clauses (

i) to (iii); (xii) in clause (

r) by striking out “describe health information” and substituting “describe information, including health information”; (xiii) by adding the following after clause (r):

Section 7

Chapter 21 23 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (r.1) “out-of-province research ethics body” means a body outside Alberta that assesses and approves research proposals in accordance with out-of-province research ethics requirements; (r.2) “out-of-province rese arch ethics requirements” means the research ethics requirements used by an out-of-province research ethics body to assess research proposals; (xiv) by adding the fo llowing after clause (s): (s.1) “personal information” means personal information as defined in the Protection of Privacy Act; (s.2) “privacy management program” means a privacy management program established under

section 63(1); (s.3) “public body” means a public body as defined in the Protection of Privacy Act; (xv) by adding the fo llowing after clause (u): (u.1) “regulated health serv ices provider” means a health services provider regulated under the Health Professions Act; (xvi) by adding the fo llowing after clause (v.1): (v.2) “shared health info rmation” means the health information that is (

i) in electronic form, and (ii) in the custody or under the control of 2 or more custodians in accordance with

Part 5.1; (v.3) “sharing custodian” means a custodian that has custody or control of shared health information; (v.4) “team-based health se rvice” means a health service provided or carried out by 2 or more regulated health services providers, at least one of whom is not a custodian, working collaboratively; (xvii) by adding the following after clause (w): (x) “well-being service” mean s a service relating to an individual’s health and well-being that is provided

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 24 within a common or integrated program or service for the purpose of supporting health services. (

b) by repealing subsection (2); (

c) by adding the following after subsection (3):

(3.1) For greater certainty, this Act (

a) applies to a custodian even when the custodian (

i) is employed by a person or entity that is not a custodian, or (ii) is acting as an appointee, volunteer or student or under a contract or agency relationship with a person or entity that is not a custodian, a n d (

b) prohibits the collection, use or disclosure of health information unless the collection, use or disclosure is authorized by this Act.

(3) Section 2(

b) is amended by adding “and well-being services” after “health services”.

(4) Section 7(1) is amended by striking out “An individual has” and substituting “Subject to

section 56.61, an individual has”.

(5) Section 20 is amended by adding “only” after “individually identifying health information”.

(6) Section 21(3) is amended by striking out “An individual” and substituting “Subject to

section 21.1(5), an individual”.

(7) The following is added after

section 21: Incidental collection of personal health number 21.1(1) In this section, (a) “identification card” mean s an identification card issued under

Part 2 of

Schedule 12 to the Government Organization Act; (b) “incidental collector” means a person, other than a person referred to in

section 21(1), authorized to collect a personal health number under subsection (2); (c) “operator’s licence” means an operator’s licence as defined in the Traffic Safety Act.

Section 7

Chapter 21 25 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2)

(2) A person may collect a personal health number displayed on an individual’s operator’s licence or identification card only if, for purposes other than collecting the individual’s personal health number, the person (

a) is authorized under another enactment to require the individual to (

i) provide the individual’s operator’s licence or identification card, or (ii) establish the individual’s identity, address or other personal information, other than the individual’s personal health number, such that the individual is required to provide the individual’s operator’s licence or identification card, o r (

b) requests the individual voluntarily provide the individual’s operator’s licence or identification card.

(3) An incidental collector must not use or disclose a personal health number displayed on an operator’s licence or identification card.

(4) Section 21(1) does not limit the right of an incidental collector to exercise the authority described in subsection (2)(a).

(5) Section 21(3) does not apply where an incidental collector requires an individual to provide the individual’s operator’s licence or identification card under the authority described in subsection (2)(a).

(8) Section 22(3) is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (

c) and by adding the following after clause (c): (

d) of the custodian’s intention, if any, at that time to input the information into an automated system.

(9) Section 27 is amended (

a) in subsection (1) (

i) by striking out “A custodian may” and substituting “Subject to sections 56.208 and 56.5, a custodian may”; (ii) by adding “only” after “under its control”;

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 26 (iii) by adding the following after clause (a): (a.1) subject to the regulations, planning, administering, delivering, managing, monitoring or evaluating a common or integrated program or service; (iv) by adding the fo llowing after clause (c): (c.1) responding to complaints made or legal actions taken against the custodian; (

v) by repealing clause (

d) and substituting the following: (

d) conducting research or performing data matching or other services to facilitate research if (

i) the requirements in sections 49 to 52 and 53 to 56 have been met with respect to research described in

section 49, or (ii) the requirements in sections 52.1 to 56 have been met with respect to research described in

section 52.1; (vi) in clause (

g) by adding “quality assurance,” after “policy development,”; (

b) by adding the following after subsection (1):

(1.1) A custodian that inputs individually identifying health information into or uses individually identifying health information in an automated system must do so in accordance with the regulations, if any. (

c) in subsection (2) by striking out “A custodian referred to in

section 1(1)(f)(iii), (iv), (ix.1), (ix.2), (xii), (xii.1), (xii.2), (xii.3), (xiii), (xiii.1), (xiii.2) and (xiii.3)” and substituting “Despite subsection (1), a custodian referred to in

section 1(1)(f)(iii), (iv), (ix.1) or (ix.2), a ministerial custodian or a departmental custodian”.

(10) The following is added after

section 27: Maintaining information re automated system 27.1(1) A custodian that inputs health information into or uses health information in an automated system for a purpose authorized by

section 27 with respect to an individual must record the following information:

Section 7

Chapter 21 27 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

a) the name or number that identifies the custodian that inputs or uses the health information in the automated system; (

b) the name of the individual who is the subject of the health information; (

c) the date and purpose for which the health information was input or used; (

d) a description of the health information that was input or used.

(2) The requirement under subsection (1) does not apply if, when the health information is input or used, an electronic system, including the automated system, automatically keeps an electronic log of the following information: (

a) the name or number that identifies the custodian that inputs or uses the health information in the automated system; (

b) the name of the individual who is the subject of the health information; (

c) the date and time that the health information is input or used; (

d) a description of the health information that is input or used.

(3) The information recorded under subsection (1) or logged under subsection (2) must be retained by the custodian for at least one year following the date of input or use of the automated system.

(4) An individual referred to in subsection (1)(

b) or (2)(

b) may ask a custodian for access to and a copy of the information recorded or logged, and

Part 2 applies to the request.

(11) Section 32 is amended (

a) in subsection (1) by striking out “A custodian” and substituting “Subject to the regulations, a custodian”; (

b) by repealing subsection (2) and substituting the following:

(2) If a custodian makes a disclosure under subsection (1) to a person that is not a custodian, the custodian must inform the

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 28 person that it is an offence under the Act to knowingly transform non-identifying health information to create individually identifying health information or knowingly attempt to do so.

(12) Section 34 is repealed and the following is substituted: Disclosure of individually identifying health information with consent 34(1) Subject to sections 35 to 40, a custodian may disclose individually identifying health information to a person other than the individual who is the subject of the information if the individual has consented to the disclosure in accordance with this section.

(2) An individual’s consent referred to in subsection (1) is valid only if (

a) the custodian provides the individual with the following information: (

i) the individually identifying health information that the custodian is authorized to disclose; (ii) the purpose for which the individually identifying health information may be disclosed; (iii) the identity of the person to whom the individually identifying health information may be disclosed; (iv) the risks and benefits to the individual of consenting or refusing to consent; (

v) the date the consent is effective and the date, if any, on which the consent expires; (vi) that the individual has the right to revoke the consent at any time, (

b) the individual, in writing, electronically or orally, (

i) authorizes the custodian to disclose the individually identifying health information, and (ii) acknowledges that they have been informed of the risks and benefits referred to in clause (a)(iv), (

c) where consent is given in writing or electronically, the individual signs the consent,

Section 7

Chapter 21 29 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

d) where consent is given oral ly, the custodian records, in writing or electronically, that (

i) the information referred to in clause (

a) was provided to the individual, and (ii) the individual gave the required authorization and acknowledgment under clause (b), a n d (

e) any additional requirements set out in the regulations have been met.

(3) A disclosure of individually identifying health information made under this

section must be carried out in accordance with the terms of the consent.

(4) An individual may revoke a consent (

a) in writing, electronically or orally, regardless of the manner in which the consent was given, and (

b) only if the revocation complies with requirements set out in the regulations, if any.

(5) A custodian must record, in writing or electronically, the revocation of a consent.

(13) Section 35(1) is amended (

a) by striking out “A custodian may” and substituting “Subject to sections 56.2091(

a) and 56.63(a), a custodian may”; (

b) by adding the follo wing after clause (a.1): (a.2) to a regulated health services provider who is not a custodian and who is providing team-based health services to an individual, (a.3) to an officer or employee of a public body or to a member of the Executive Council if the disclosure is necessary for (

i) planning, administering, delivering, managing, monitoring or evaluating a common or integrated program or service, and

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 30 (ii) the performance of the duties of the officer, employee or member to whom the information is disclosed,

(14) Section 36 is amended (

a) by striking out “A custodian may” and substituting “Subject to sections 56.2091(

b) and 56.63(b), a custodian may”; (

b) by striking out “or” at the end of clause (b), by adding “or” at the end of clause (

c) and by adding the following after clause (c): (

d) to a foundation established or continued under the Provincial Health Agencies Act for the purposes of fundraising if the disclosure is in accordance with the requirements set out in the regulations.

(15) The following is added after

section 38: Disclosure by public body re common or integrated program or service 38.1(1) A public body may disclose personal information to a custodian or other public body for the purpose of providing a common or integrated program or service to or in respect of an individual.

(2) Individually identifying health information disclosed by a custodian to a public body for the purpose of providing a common or integrated program or service must not be disclosed by the public body for any other purpose unless (

a) the individual who is the subject of the health information has consented to the disclosure, or (

b) the public body is required by this Act, the regulations or another enactment to disclose the information.

(16) Section 39 is amended (

a) in subsection (1) by striking out “developing public policy” and substituting “developing, assessing, monitoring or evaluating public policy”; (

b) by repealing subsection (2) and substituting the following:

(2) Subject to subsection (3), a ministerial custodian or departmental custodian may disclose individually identifying

Section 7

Chapter 21 31 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) registration information without the consent of the individual who is the subject of the information to (

a) another Minister of the Government of Alberta or a Minister of the Government of Canada or of any other province or territory, or (

b) a person or entity in accordance with the regulations made under the Alberta Health Care Insurance Act.

(3) A disclosure under subsection (2) may only be made if the ministerial custodian or departmental custodian enters into an agreement respecting the disclosure with the party referred to in subsection (2)(

a) or (

b) to whom the information will be disclosed.

(17) Section 41 is amended (

a) in subsection (1) by striking out “make a note of” and substituting “record”; (

b) in subsection (1.1) (

i) by striking out “to make a note”; (ii) by striking out “that permits other custodians electronic access to individually identifying diagnostic, treatment and care information stored in an electronic system” and substituting “that discloses electronic health information under

section 35(1), (4) or (5)”; (iii) by adding the following after clause (a): (a.1) the name of the individual who is the subject of the information;

(18) Section 46(5) is repealed and the following is substituted:

(5) Where health information is requested under subsection (1)(b), the departmental custodian must (

a) prepare a privacy impact assessment that, in addition to any applicable requirements set out in

section 64, describes how disclosure of the health information may affect the privacy of the individuals who are the subject of the information, (

b) submit the privacy im pact assessment to the Commissioner for review and comment, and

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 32 (

c) consider the comments of the Commissioner, if any, made in response to the privacy impact assessment before disclosing the health information to a custodian referred to in

section 1(1)(f)(iii) or (iv).

(19) Section 49 is amended (

a) by renumbering it as

section 49(1); (

b) in subsection (1) by striking out “A person who intends to conduct research using health information” and substituting “Subject to subsection (2) and

section 52.1, a person who intends to conduct research using individually identifying health information”; (

c) by adding the following after subsection (1):

(2) The person intending to conduct the research may submit only one proposed research protocol notwithstanding that the research is to be conducted in multiple phases or stages.

(20) Section 50(1)(

a) is amended by adding “and make a recommendation that the research ethics board considers appropriate” after “subjects of the information”.

(21) The following is added after

section 52: Research approved outside Alberta 52.1(1) This

section applies where (

a) an out-of-province research ethics body has approved a research protocol in respect of research, and (

b) a person intends to use health information in the custody or under the control of a custodian or health information repository to conduct the research.

(2) A researcher to whom this

section applies must submit an application to a research ethics board for a determination as to whether the out-of-province research ethics requirements are substantially equivalent to Alberta research ethics requirements.

(3) A researcher may not apply to a custodian or health information repository under subsection (5) unless the research ethics board determines that the out-of-province research ethics requirements are substantially equivalent to Alberta research ethics requirements.

(4) The research ethics board

Section 7

Chapter 21 33 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

a) must consider any relevant criteria set out in the regulations, (

b) must determine whether the requirements are substantially equivalent to Alberta research ethics requirements, (

c) must, if it determines the requirements are not substantially equivalent, provide reasons for the determination, (

d) may, as part of its determination, impose conditions on a researcher, and (

e) must provide its determination in writing to the researcher and send a copy to the Commissioner.

(5) If the research ethics board determines that the out-of-province research ethics requirements are substantially equivalent to Alberta research ethics requirements, the researcher may forward to one or more custodians or health information repositories (

a) the researcher’s research protocol submitted to the out-of-province research ethics body, (

b) the out-of-province research ethics body’s approval of the research protocol, (

c) the research ethics board’s determination that the out-of-province research ethics requirements are substantially equivalent to Alberta requirements, and (

d) a written application for one or more of the following: (

i) disclosure of the health information to be used in the research; (ii) performance of data matching; (iii) performance of any other service to facilitate the research.

(6) If the determination sent to the Commissioner under subsection (4) indicates the out-of-province research ethics requirements are substantially equivalent to Alberta research ethics requirements, the Commissioner may publish the determination in any manner the Commissioner considers appropriate.

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 34

(7) Sections 49 to 52 do not apply with respect to research approved by an out-of-province research ethics body.

(22) Section 53 is amended (

a) in subsection (1) by adding “or 52.1(5)” after “section 52”; (

b) in subsection (2) (

i) in clause (a)(

i) by adding “or out-of-province research ethics body” after “research ethics board”; (ii) by repealing clause (

b) and substituting the following: (

b) the researcher must, before the custodian discloses the health information or performs data matching or other services, obtain any consents (

i) recommended by the research ethics board under

section 50(1)(a), or (ii) recommended or required by the out-of-province research ethics body. (

c) in subsection (3) by adding “or 52.1(5)” after “section 52”.

(23) Section 54 is amended (

a) by repealing subsections (1) and (2) and substituting the following: Agreement between custodian and researcher 54(1) If a custodian decides to disclose health information to a researcher or perform data matching or other services to facilitate the research, the researcher must enter into an agreement with the custodian in which the researcher agrees (

a) to comply with (

i) any conditions the custodian imposes relating to the use, protection, disclosure, return or disposal of the health information, and (ii) any requirement the custodian imposes to provide safeguards against the identification, direct or indirect, of an individual who is the subject of the health information,

Section 7

Chapter 21 35 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

b) to allow the custodian to access or inspect the researcher’s premises to confirm that the researcher is complying with the conditions and requirements referred to in clause (a), and (

c) to pay the costs referred to in subsection (3).

(2) When the parties enter into an agreement, the custodian may disclose to the researcher the health information requested under

section 52 or 52.1(5) or perform data matching or other services to facilitate the research (

a) with the consent of the individuals who are the subjects of the information where (

i) the research ethics board recommends that consents be obtained, or (ii) the out-of-province research ethics body recommends or requires that consents be obtained, o r (

b) without the consent of the individuals who are the subjects of the information where the research ethics board or out-of-province research ethics body does not recommend or require that consents be obtained. (

b) by repealing subsection (3.1)(

a) and substituting the following: (

a) comply with the agreem ent and, as applicable, the conditions (

i) set out in the research ethics board’s response under

section 50(3)(

c) to the research protocol, (ii) imposed under

section 52.1(4)(d), or (iii) set out in the out-of-province research ethics body’s approval, a n d (

c) in subsection (4) by striking out “the terms and conditions of an agreement under this section, or the conditions set out in the research ethics board’s response to the research protocol,” and substituting “an agreement entered into under this

section or the applicable conditions referred to in subsection (3.1)(a),”.

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 36

(24) The following is added after

section 54: Duties of researcher 54.1 A researcher who enters into an agreement with a custodian under

section 54 must, in respect of the health information disclosed by the custodian under the agreement, (

a) comply with this Act and the regulations, (

b) use the health information only for the purpose of conducting the research in accordance with the research protocol, (

c) not publish the health information in a form that could reasonably enable the identity of an individual who is the subject of the information to be readily ascertained, and (

d) not make any attempt to contact an individual who is the subject of the health information to obtain additional health information unless the individual has provided the custodian with the consent referred to in

section 55.

(25) The heading preceding

section 56.1 is repealed and the following is substituted:

Part 5.1 Shared Health Information and Alberta Electronic Health Record Division 1

Interpretation

(26) Section 56.1 is repealed.

(27) Section 56.2 is repealed and the following is substituted: Purpose 56.2 The purpose of this

Part is (

a) to enable sharing custodia ns and authorized users to use shared health information in accordance with this Part, and (

b) to enable authorized custodians and authorized users to use health information accessible via the Alberta EHR in accordance with this Part.

(28) The following is added after

section 56.2:

Section 7

Chapter 21 37 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) Interaction with other Parts 56.201 Unless otherwise specified, nothing in this Part affects the application or operation of any provision in another Part of this Act respecting collection, use or disclosure of health information. Where shared health information is made accessible via Alberta EHR 56.202 Division 2 does not apply to health information accessible via the Alberta EHR to which Division 3 applies.

Division 2 Shared Health Information Making shared health information accessible 56.203(1) Subject to this Part and the regulations, a sharing custodian may make health information in its custody or under its control accessible to another sharing custodian.

(2) A sharing custodian may make health information in its custody or under its control accessible to an authorized user in accordance with the regulations.

(3) A sharing custodian may not authorize an authorized user to make any information accessible to sharing custodians or authorized users. Privacy impact assessment 56.204(1) Subject to subsection (3), before becoming a sharing custodian, a custodian must (

a) prepare a privacy impact assessment, (

b) submit the privacy im pact assessment to the Commissioner for review and comment, and (

c) consider the comments of the Commissioner, if any, made in response to the privacy impact assessment.

(2) The Minister may, by regulation, specify what, in addition to any applicable requirements set out in

section 64, must be included in a privacy impact assessment under this section.

(3) If a custodian is a sharing custodian on the coming into force of this section, the custodian must prepare and submit the privacy impact assessment described in subsection (1) no later than 2 years after the coming into force of this section. Consent not required 56.205 The making of health information accessible to sharing custodians and authorized users under this Part does not require

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 38 the consent of the individual who is the subject of the information.

Duties in making health information accessible to sharing custodians and authorized users 56.206 In deciding how much health information to make accessible to sharing custodians and authorized users, a sharing custodian must consider as an important factor any expressed wishes of the individual who is the subject of the health information relating to the use of that information by sharing custodians or authorized users, together with any other factors the sharing custodian considers important. Additional rules for certain custodians 56.207(1) If at least one sharing custodian is a custodian referred to in

section 1(1)(f)(iii), (iv), (ix.1) or (ix.2), a ministerial custodian or a departmental custodian, that sharing custodian and the other sharing custodians must comply with any restrictions or limitations imposed in the regulations.

(2) Where the regulations referred to in subsection (1) apply, the Minister may in writing direct one or more of the sharing custodians to make health information in the custody or under the control of the sharing custodian accessible to the other sharing custodians or authorized users.

(3) A sharing custodian must comply with a direction made under subsection (2). Use of shared health information 56.208 Subject to the regulations, (

a) a sharing custodian that is a custodian referred to in

section 1(1)(f)(iii), (iv), (ix.1) or (ix.2), a ministerial custodian or a departmental custodian may use individually identifying shared health information for all the purposes and functions for which that custodian may use health information under

section 27, and (

b) a sharing custodian that is not a custodian described in clause (

a) may use individually identifying shared health information (

i) for a purpose authorized by

section 27(1)(

a) to (

f) only if the sharing custodian is providing or has provided a health service to the individual who is the subject of the information, and (ii) for a purpose authorized by

section 27(1)(g).

Section 7

Chapter 21 39 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) Maintaining log of access 56.209(1) A sharing custodian must keep an electronic log of the following information for each time the sharing custodian or an authorized user uses shared health information: (

a) the name or number that identifies the sharing custodian or authorized user that uses the shared health information; (

b) the name of the individual who is the subject of the shared health information; (

c) the date and time that the shared health information was used; (

d) a description of the shared health information that was used; (

e) any other information prescribed in the regulations.

(2) The information referred to in subsection (1) must be retained for a period of 10 years following the date of the use of the shared health information.

(3) An individual who is the subject of the shared health information referred to in subsection (1) may ask a sharing custodian (

a) for access to and a copy of the information, and

Part 2 applies to the request, or (

b) for an explanation of the purpose for which the sharing custodian used the shared health information, and the sharing custodian must provide that explanation. Disclosure of shared health information 56.2091 Subject to the regulations, a sharing custodian that is not a custodian referred to in

section 1(1)(f)(iii), (iv), (ix.1) or (ix.2), a ministerial custodian or a departmental custodian may only disclose (

a) shared health information that is individually identifying diagnostic, treatment and care information under

section 35(1), other than

section 35(1)(

i) and (p), if the sharing custodian is providing or has provided a health service to the individual who is the subject of the information, and (

b) shared health information that is individually identifying registration information under

section 36(

a) for any of the purposes for which diagnostic, treatment and care

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 40 information may be disclosed under

section 35(1), other than

section 35(1)(

i) and (p), if the sharing custodian is providing or has provided a health service to the individual who is the subject of the information. Not collection, disclosure 56.2092(1) A sharing custodian’s or authorized user’s use of shared health information does not constitute collection or disclosure of that shared health information under this Act by any person.

(2) The making of health information accessible to sharing custodians or authorized users under this Part does not constitute a collection or disclosure of that information by any person.

(3) A disclosure of shared health information by a sharing custodian is not a disclosure by any other sharing custodian. Division 3 Alberta Electronic Health Record

(29) Section 56.21 is amended (

a) by repealing subsection (1) and substituting the following: Department powers and duties re Alberta EHR 56.21(1) The Department shall manage and operate the Alberta EHR in accordance with this

section and the regulations. (

b) in subsection (2) (

i) in clause (

b) by striking out “other”; (ii) by adding the fo llowing after clause (b): (b.1) keep an electronic log required under

section 56.6; (iii) in clause (

d) by striking out “other”; (

c) in subsection (3) (

i) in clause (

b) by striking out “access to health information accessible via the Alberta EHR” and substituting “access to the Alberta EHR”; (ii) in clause (

c) by striking out “if any, to health information accessible via the Alberta EHR” and substituting “to the Alberta EHR”;

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Chapter 21 41 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

d) in subsection (4) by striking out “access to health information accessible via the Alberta EHR” and substituting “access to the Alberta EHR”; (

e) by adding the following after subsection (4):

(4.1) The Department may not provide access to the Alberta EHR to any authorized user other than as provided in this Part and the regulations.

(4.2) The Department may not authorize an authorized user to make any information accessible via the Alberta EHR.

(4.3) Only the health information that is of a class or type prescribed by the regulations may be accessible via the Alberta EHR.

(30) The following is added after

section 56.21: Designation of authorized custodians 56.22 The Minister may, in accordance with the regulations, designate authorized custodians for the purposes of this Part.

(31) Section 56.3 is amended (

a) by repealing subsection (1) and substituting the following: Making health information accessible — regulated health services providers 56.3(1) The health professional body of a regulated health services provider may in writing direct the regulated health services provider to make health information in the custody or under the control of the regulated health services provider accessible via the Alberta EHR in accordance with the regulations. (

b) in subsection (2) (

i) by striking out “Minister of Mental Health and Addiction” wherever it occurs and substituting “Minister referred to in

section 1(1)(f)(xiii.1)”; (ii) by striking out “regulated health professionals” wherever it occurs and substituting “regulated health services providers”; (

c) in subsection (3)

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 42 (

i) by striking out “Minister of Mental Health and Addiction” and substituting “Minister referred to in

section 1(1)(f)(xiii.1)”; (ii) by repealing clause (

b) and substituting the following: (

b) prepare a privacy impact assessment that, in addition to any applicable requirements set out in

section 64, describes how making the health information in the custody or under the control of the regulated health services providers accessible via the Alberta EHR may affect the privacy of the individuals who are the subject of the health information, (b.1) submit the privacy impact assessment to the Commissioner for review and comment, and (

d) by adding the following after subsection (3):

(3.1) A regulated health services provider must comply with a direction made under subsection (1) or (2). (

e) in subsection (4) by striking out “regulated health professional” wherever it occurs and substituting “regulated health services provider”; (

f) by repealing subsect ions (5) to (7).

(32) The following is added after

section 56.3: Making health information accessible — authorized custodians 56.31 An authorized custodian may make the health information prescribed in the regulations that is in its custody or under its control accessible via the Alberta EHR in accordance with the regulations. Making health information accessible — Minister’s direction 56.32(1) The Minister may in writing direct an authorized custodian other than a regulated health services provider to make the health information prescribed in the regulations that is in its custody or under its control accessible via the Alberta EHR in accordance with the regulations.

(2) An authorized custodian must comply with a direction made under subsection (1). Consent not required 56.33 The making of health information accessible to authorized custodians and authorized users via the Alberta EHR

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Chapter 21 43 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) under this Part does not require the consent of the individual who is the subject of the information.

(33) Section 56.4 is amended (

a) in subsection (1) (

i) by striking out “In deciding how” and substituting “Unless a direction is made under

section 56.3 or 56.32, in deciding how”; (ii) by striking out “regulated health professional” wherever it occurs and substituting “regulated health services provider”; (

b) in subsection (2) by striking out “regulated health professional” and substituting “regulated health services provider”.

(34) Section 56.5 is amended (

a) by repealing subsection (1) and substituting the following: Use of health information accessible via the Alberta EHR 56.5(1) Subject to the regulations, an authorized custodian may use health information accessible via the Alberta EHR for all the purposes and functions for which that authorized custodian may use health information under

section 27. (

b) by adding the following after subsection (2):

(2.1) A medical examiner with the Office of the Chief Medical Examiner and staff working under the direction of a medical examiner may not make any information accessible via the Alberta EHR. (

c) by repealing subsections (3) to (5).

(35) Section 56.6 is amended (

a) in subsection (1) (

i) by repealing the portion preceding clause (

a) and substituting the following: Maintaining log of Alberta EHR access 56.6(1) The Department must keep an electronic log of the following information for each time the Alberta EHR is accessed:

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 44 (ii) in clause (

a) by striking out “other”; (iii) by adding the following after clause (a): (a.1) the name of the individual who is the subject of the health information; (

b) by repealing subsection (3) and substituting the following:

(3) Subject to the regulations, an individual who is the subject of the information referred to in subsection (1) may ask the Department for access to and a copy of the information, and

Part 2, other than

section 11(1)(a), applies to the request. (

c) in subsection (4) by striking out “other”.

(36) Section 56.61 is repealed and the following is substituted: Access request for health information accessible via the Alberta EHR 56.61(1) Subject to the regulations, an individual has a right of access to health information accessible via the Alberta EHR about the individual from an authorized custodian that has provided a health service to the individual, and

Part 2 applies to the request.

(2) After making reasonable efforts to request access to the individual’s health information under subsection (1), the individual may request access to the information from the Department, and

Part 2, other than

section 11(1)(a), applies to the request.

(37) Section 56.62 is repealed.

(38) The following is added before

section 56.7: Disclosure of health information accessible via the Alberta EHR 56.63 Subject to the regulations, an authorized custodian that is not a custodian referred to in

section 1(1)(f)(iii), (iv), (ix.1) or (ix.2), a ministerial custodian or a departmental custodian may only disclose (

a) health information accessible via the Alberta EHR that is individually identifying diagnostic, treatment and care information under

section 35(1), other than

section 35(1)(

i) and (p), if the authorized custodian is providing or has provided a health service to the individual who is the subject of the information, and

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Chapter 21 45 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

b) health information accessible via the Alberta EHR that is individually identifying registration information under

section 36(

a) for any of the purposes for which diagnostic, treatment and care information may be disclosed under

section 35(1), other than

section 35(1)(

i) and (p), if the authorized custodian is providing or has provided a health service to the individual who is the subject of the information. Not collection, disclosure 56.64(1) An authorized custodian’s or authorized user’s use of health information accessible via the Alberta EHR does not constitute collection or disclosure of that health information under this Act by any person.

(2) The making of health information accessible to authorized custodians or authorized users via the Alberta EHR under this Part does not constitute a collection or disclosure of that information by any person.

(3) A disclosure of health information accessible via the Alberta EHR by an authorized custodian is not a disclosure by any other authorized custodian.

(4) For greater certainty, if the Department grants access to the Alberta EHR to authorized users outside Alberta, the accessing of health information via the Alberta EHR by an authorized user outside Alberta does not constitute disclosure of that information by any person. Division 4 General

(39) Section 56.7(1.1) is repealed and the following is substituted:

(1.1) The function of the multi-disciplinary data stewardship committee is to provide advice and make recommendations to the Minister and the Department respecting (

a) sharing custodians and sh ared health information, and (

b) authorized custodians and the Alberta EHR.

(40) Section 56.8 is amended (

a) by repealing subsection (1) and substituting the following:

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 46 Regulations 56.8(1) The Lieutenant Governor in Council may make regulations (

a) respecting the powers and duties of the Department under

section 56.21, including regulations (

i) respecting administrative, technical and physical safeguards of the Alberta EHR including interoperability specifications and standards, (ii) respecting eligibility for and granting access to the Alberta EHR, (iii) respecting limiting, re voking or prohibiting access to the Alberta EHR and the health information accessible via the Alberta EHR, (iv) respecting responding to access requests, (

v) respecting the audit and investigation of matters relating to the Alberta EHR, including (

A) setting out or establishing an auditing or investigation regime, and (

B) setting out powers and duties to be exercised concerning audits and investigations, a n d (vi) prescribing other matters that may be audited or investigated; (

b) prescribing classes or types of health information that may or must be made accessible via the Alberta EHR; (

c) respecting the designation of authorized custodians; (

d) respecting the manner in which a regulated health services provider or authorized custodian may or must make health information prescribed in the regulations that is in its custody or under its control accessible via the Alberta EHR; (

e) respecting the manner in which a regulated health services provider or an authorized custodian may limit the health information that is to be made accessible via the Alberta EHR;

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Chapter 21 47 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

f) respecting the purposes and functions for which an authorized custodian or authorized user may access and use health information via the Alberta EHR; (

g) respecting the procedures , systems and safeguards that an authorized custodian must maintain in respect of health information that is accessible via the Alberta EHR; (

h) respecting electronic logging for the purposes of

section 56.6 and reporting in respect of the logging; (

i) prescribing additional information that must be kept in an electronic log; (

j) respecting access requests under sections 56.6 and 56.61 for health information accessible via the Alberta EHR; (

k) respecting the disclosure of health information accessible via the Alberta EHR; (

l) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Part. (

b) by adding the following after subsection (1):

(1.1) The Minister may make regulations (

a) respecting sharing custodians making shared health information accessible to sharing custodians and authorized users; (

b) respecting the manner for making shared health information accessible; (

c) respecting the use and disclosure of shared health information; (

d) respecting administrative, technical and physical safeguards to protect the confidentiality and security of shared health information; (

e) respecting restrictions and limitations for the purposes of

section 56.207; (

f) respecting

section 56.208, including (

i) respecting the purposes for which sharing custodians may use shared health information,

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 48 (ii) authorizing a custodian referred to in

section 1(1)(f)(iii), (iv), (ix.1) and (ix.2), a ministerial custodian or a departmental custodian to designate who may become a sharing custodian of the shared health information, (iii) limiting, revoking or prohibiting access to shared health information, (iv) respecting additional requirements to protect shared health information from unauthorized access, use or disclosure, and (

v) respecting additional requirements to log information; (

g) respecting measures to protect shared health information, including auditing and logging requirements in addition to other applicable measures; (

h) prescribing information to be recorded or logged for the purposes of

section 56.209(1).

(41) The following is added after

section 56.8: Standards or guidelines 56.9(1) The Minister may establish a standard, guideline, code,

schedule or body of rules relating to any matter for which a regulation may be made under

section 56.8.

(2) The Regulations Act does not apply to a body of rules established under subsection (1) and, for greater certainty, does not apply to a standard, guideline or code established under that subsection.

(3) As soon as practicable after establishing a standard, guideline, code,

schedule or body of rules under this section, the Minister shall ensure that a copy of the standard, guideline, code,

schedule or body of rules is readily available to the public.

(4) A regulation made under

section 56.8 supersedes a standard, guideline, code,

schedule or body of rules established under this

section to the extent of any conflict.

(42) The following is added after

section 60: Duty to comply with standards 60.01 A custodian must comply with (

a) a standard, guideline, code,

schedule or body of rules established under

section 56.9, and

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Chapter 21 49 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

b) a standard, code or body of rules established, adopted or incorporated by the Minister under

section 108.1.

(43) Section 60.1(1) and (2) are amended by striking out “in the custody or control of” and substituting “in the custody or under the control of”.

(44) The following is added after

section 60.1: Duty re abandoned records 60.2(1) A person must notify the Minister as soon as practicable if the person (

a) has custody or control of records containing health information, (

b) is not a custodian or an affiliate, and (

c) either (

i) reasonably believes th at the records have been abandoned by a custodian, or (ii) is unable to identify or locate the responsible custodian.

(2) The Minister may assume custody or control of the records referred to in subsection (1) or direct another person to assume custody or control of the records.

(3) If the records referred to in subsection (1) were in the custody or under the control of a custodian or former custodian that is a member or former member of a health professional body, the Minister may direct the health professional body to assume custody or control of the records.

(45) Sections 62 to 64 are repealed and the following is substituted: Duty re affiliates 62(1) Each custodian must identify its affiliates that are responsible for complying with the requirements set out in subsection (2).

(2) Each affiliate of a custodian must comply with (

a) this Act and the regulations, and (

b) the custodian’s privacy management program established under

section 63(1).

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 50

(3) Any collection, use or disclosure of health information by an affiliate of a custodian is considered to be collection, use or disclosure by the custodian.

(4) Any disclosure of health information to an affiliate of a custodian is considered to be disclosure to the custodian. Duty to establish privacy management program 63(1) A custodian must establish a privacy management program consisting of the policies and procedures the custodian establishes or incorporates to facilitate the implementation of this Act and the regulations.

(2) A custodian must, within 30 days after receiving a request from the Commissioner, submit the custodian’s privacy management program and, if applicable, a list of the custodian’s affiliates to the Commissioner.

(3) A custodian must, at the request of the Minister or Department, provide the Minister or Department, as the case may be, with a copy of the custodian’s privacy management program.

(4) A custodian referred to in

section 1(1)(f)(ix) may incorporate some or all of the policies and procedures of the custodian’s health professional body into the custodian’s privacy management program. Power to prepare polices and procedures — health professional body 63.1(1) A health professional body may prepare general policies and procedures relating to health information, which may be adopted by a custodian that is a member of the health professional body under

section 63(4).

(2) The health professional body may submit the policies and procedures to the Commissioner for review and comment.

(3) If the Commissioner has commented on the policies and procedures, the health professional body must, on request of a custodian that is a member of the health professional body, provide the Commissioner’s comments to the custodian. Duty to prepare privacy impact assessment 64(1) A custodian must prepare a privacy impact assessment and submit the privacy impact assessment to the Commissioner for review and comment (

a) before introducing a new administrative practice or information system relating to the collection, use and disclosure of individually identifying health information,

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Chapter 21 51 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

b) before changing an existing administrative practice or information system relating to the collection, use and disclosure of individually identifying health information, or (

c) as otherwise required under this Act.

(2) A privacy impact assessment for a new administrative practice or changes to an existing administrative practice must be prepared and submitted in accordance with the regulations, if any.

(3) A privacy impact assessment for a new information system, changes to an existing information system or where a privacy impact assessment is otherwise required under this Act must be prepared and submitted in accordance with the regulations, if any, and must (

a) identify and review risks as sociated with the collection, use and disclosure of health information, (

b) identify measures that protect the privacy of the individuals who are the subjects of the individually identifying health information, and (

c) address the security and confidentiality of that individually identifying health information.

(4) A custodian must identify whether the privacy impact assessment incorporates all or any part of a privacy impact assessment of another custodian that the Commissioner has reviewed, and if so, must specify any modifications made in accordance with the regulations, if any.

(5) A privacy impact assessment is not required to contain a description of the custodian’s privacy management program.

(6) This

section does not apply to custodians referred to in

section 1(1)(f)(iii), (iv), (ix.1) and (ix.2), ministerial custodians or departmental custodians with respect to the collection, use or disclosure of health information between or among the custodians for a purpose authorized by

section 27(2), unless the custodians are introducing a new information system or changing an existing information system in conjunction with that collection, use or disclosure. Privacy impact assessment re common or integrated program or service 64.1 Subject to the regulations, before participating in a common or integrated program or service, a custodian must prepare a privacy impact assessment and submit the privacy

Section 7

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 52 impact assessment to the Commissioner for review and comment in accordance with

section 64. Power to prepare information security policy 64.2(1) In this section, (a) “agreement” means an agreement entered into under

section 66; (b) “information security policy” means a policy described in subsection (3); (c) “prospective information manager” means a person who seeks to become an information manager.

(2) An information manager or prospective information manager may prepare and submit to the Commissioner for review and comment an information security policy for use by a custodian that enters into an agreement with respect to the information system that is the subject of the information security policy.

(3) An information security policy must address the general privacy, security and confidentiality risks of a new information system or changes to an existing information system and must contain a description of (

a) the functions and capabilities of an information system, including technical specifications relevant to the safeguards referred to in clause (b), and (

b) the information system’s safeguards with respect to (

i) protecting the privacy of the individuals whose individually identifying health information is collected, used or disclosed by means of the information system, and (ii) ensuring the security and confidentiality of that individually identifying health information.

(4) If the Commissioner has commented on an information security policy, the information manager or prospective information manager must, on request of a custodian described in subsection (2), provide the Commissioner’s comments to the custodian.

(5) A custodian that enters into an agreement may incorporate some or all of the provisions of an information security policy into the custodian’s privacy impact assessment.

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Chapter 21 53 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2)

(6) An information manager that enters into an agreement with a custodian but that has not prepared and submitted an information security policy must provide a description of the components listed in subsection (3) to the custodian in plain language and in sufficient detail to enable the custodian to prepare a privacy impact assessment.

(46) Section 65 is amended (

a) by renumbering it as

section 65(1); (

b) in subsection (1) by striking out “A custodian may, in accordance with the regulations,” and substituting “Subject to the regulations, a custodian may”; (

c) by adding the following after subsection (1):

(2) A sharing custodian may only exercise the power set out in subsection (1) with respect to shared health information the sharing custodian has authority to use under

Part 5.1.

(3) An authorized custodian may only exercise the power set out in subsection (1) with respect to health information accessible via the Alberta EHR the authorized custodian has authority to use under

Part 5.1. (47)

Section 66(1) is repealed.

(48) Section 69 is repealed and the following is substituted: Data matching 69(1) Subject to subsections (2) and (3), a custodian or health information repository may perform data matching using information in its custody or under its control.

(2) A sharing custodian may only exercise the power set out in subsection (1) with respect to shared health information the sharing custodian has authority to use under

Part 5.1.

(3) An authorized custodian may only exercise the power set out in subsection (1) with respect to health information accessible via the Alberta EHR the authorized custodian has authority to use under

Part 5.1.

(49) Section 70 is repealed and the following is substituted: Data matching by custodians or health information repository 70(1) A custodian or health information repository may perform data matching by combining information in its custody or under

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 54 its control with information in the custody or under the control of another custodian or health information repository.

(2) A sharing custodian may only exercise the power set out in subsection (1) with respect to shared health information that the sharing custodian has authority to use under

Part 5.1.

(3) An authorized custodian may only exercise the power set out in subsection (1) with respect to health information accessible via the Alberta EHR that the authorized custodian has authority to use under

Part 5.1.

(4) Before performing data matching under this section, the custodian or health information repository in whose custody or under whose control the information created through data matching will be stored must prepare a privacy impact assessment and submit the privacy impact assessment to the Commissioner for review and comment.

(5) A privacy impact assessment referred to in subsection (4) must, in addition to any applicable requirements set out in

section 64, (

a) describe how the information to be used in the data matching is to be collected, and (

b) set out how the information created through data matching is to be used or disclosed.

(50) Section 71 is repealed and the following is substituted: Data matching by custodian or health information repository and non-custodian 71(1) A custodian or health information repository may perform data matching by combining information in its custody or under its control with information in the custody or under the control of a person that is not a custodian or health information repository.

(2) A sharing custodian may only exercise the power set out in subsection (1) with respect to shared health information the sharing custodian has authority to use under

Part 5.1.

(3) An authorized custodian may only exercise the power set out in subsection (1) with respect to health information accessible via the Alberta EHR that the authorized custodian has authority to use under

Part 5.1.

(4) Before performing data matching under this section, the custodian or health information repository must prepare a privacy

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Chapter 21 55 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) impact assessment and submit the privacy impact assessment to the Commissioner for review and comment.

(5) A privacy impact assessment referred to in subsection (4) must, in addition to any applicable requirements set out in

section 64, meet the requirements set out in

section 70(5).

(51) Section 72 is amended (

a) by renumbering it as

section 72(1); (

b) in subsection (1) (

i) by adding “described in

section 49” after “research”; (ii) by striking out “48” and substituting “49”; (

c) by adding the following after subsection (1):

(2) Despite subsection (1), where data matching is performed for the purpose of conducting research described in

section 52.1, sections 52.1 to 56 must be complied with before the data matching is performed.

(52) Section 72.1 is amended (

a) by adding the following after subsection (1):

(1.1) The Minister, or a Minister referred to in

section 1(1)(f)(xiii.1), (xiii.2) or (xiii.3), may, in accordance with the regulations, designate a department referred to in

section 1(1)(f)(xii), (xii.1), (xii.2) or (xii.3) to act as a health information repository. (

b) in subsection (2) by striking out “Minister of Mental Health and Addiction” and substituting “Minister referred to in

section 1(1)(f)(xiii.1)”.

(53) Section 73 is amended by adding the following after subsection (3):

(4) An individual or custodian who believes that a researcher has failed to comply with

section 54.1 may ask the Commissioner to review the matter.

(54) Section 84(1) is amended by adding the following after clause (f): (f.1) request privacy management programs and lists of affiliates under

section 63(2) and comment on the implications for

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 56 access to health information or for protection of health information of privacy management programs, (f.2) review and comment on general policies and procedures submitted by health professional bodies under

section 63.1(2), (f.3) comment on the implications for protection of health information or information security policies submitted to the Commissioner under

section 64.2(2), (55)

Section 104(1)(

d) is repealed and the following is substituted: (

d) if the individual is deceased, (

i) by the individual’s nearest relative as defined in the Personal Directives Act, or (ii) by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate,

(56) Section 106 is amended (

a) by adding the following after subsection (1):

(1.1) A person that is not a custodian, or a person acting on behalf of that person, that employs or engages a custodian or provides health information to a custodian must not take any action against the custodian because the custodian has, acting in good faith and for a purpose authorized by

section 27, collected, used or disclosed health information in accordance with this Act or otherwise complied with this Act. (

b) in subsection (2) by adding “or (1.1)” after “subsection (1)”.

(57) Section 107 is amended (

a) in subsection (4) by striking out “as defined in

section 66(1)”; (

b) by adding the following after subsection (5):

(5.01) No person to whom non-identifying health information is disclosed shall knowingly transform the non-identifying health information to create individually identifying health information or knowingly attempt to do so. (

c) by adding the following after subsection (5.1):

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Chapter 21 57 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2)

(5.2) No person, including the personal representative of a deceased custodian, shall knowingly fail to comply with

section 60.2(1).

(58) Section 108 is amended (

a) in subsection (1) (

i) by repealing clauses (

c) and (e); (ii) by adding the fo llowing after clause (j): (j.1) respecting the planning, administering, delivering, managing, monitoring or evaluating of a common or integrated program or service; (j.2) respecting the input and use of individually identifying health information in an automated system; (j.3) respecting automated systems and related procedures, systems and safeguards for health information contained in automated systems; (j.4) respecting the building and training of automated systems; (j.5) respecting the disclosure of non-identifying health information; (iii) by repealing clause (

k) and substituting the following: (

k) establishing requirements for a consent or the revocation of a consent to be valid for the purposes of

section 34(2)(

e) and (4)(b); (iv) by repealing clause (l); (

v) by adding the follo wing before clause (m): (l.1) respecting requirements for a public body to disclose individually identifying health information for the purposes of

section 38.1(2)(b); (vi) in clause (p.1)(

i) by striking out “in the custody or control of” and substituting “in the custody or under the control of”; (vii) by repealing clause (q);

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 58 (viii) by adding the fo llowing after clause (s): (s.1) respecting the designation of a department as a health information repository; (s.2) respecting the designation of the Canadian Centre of Recovery Excellence as a health information repository; (

b) by repealing subsection (2) and substituting the following:

(2) The Minister may make regulations (

a) further defining or describing the Alberta EHR; (

b) designating a health services provider as a custodian, or a class of health services providers, the members of which are to be custodians, for the purposes of

section 1(1)(f)(ix); (

c) respecting the requirements for disclosure of individually identifying registration information for the purposes of

section 36(

c) or (d); (

d) designating bodies as research ethics boards; (

e) specifying the information to be included in a proposed research protocol under

section 49; (

f) respecting relevant criteria for the purposes of

section 52.1(4)(a); (

g) respecting privacy imp act assessments, including regulations respecting (

i) the preparation and subm ission of privacy impact assessments, (ii) criteria relating to the risk described in

section 64(3), (iii) the establishment and application of specific requirements relating to privacy impact assessments for a common or integrated program or service, a sharing custodian, authorized custodian or authorized user, and (iv) the incorporation of a privacy impact assessment of another custodian;

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Chapter 21 59 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

h) respecting the stripping, encoding or other transformation of individually identifying health information to create non-identifying health information for the purposes of

section 65; (

i) identifying safeguards and technical standards respecting the security and protection of health information; (

j) establishing guidelines or standards respecting the determination of whether information is readily ascertainable; (

k) requiring custodians to comply with guidelines, safeguards or standards.

(59) The following is added after

section 108: Standards for the security and protection of health information 108.1(1) The Minister may establish standards respecting the security and protection of health information to prevent unauthorized disclosure.

(2) The Minister may adopt in whole or in part, or with modifications, a standard, code or body of rules that relates to the security and protection of information if the standard, code or body of rules has been published and is available to the public.

(3) The Regulations Act does not apply to a body of rules adopted under subsection (2) and, for greater certainty, does not apply to a standard established under subsection (1) or a standard or code adopted under subsection (2).

(4) As soon as practicable after establishing or adopting a standard, code or body of rules, the Minister shall ensure that a copy of the standard, code or body of rules is readily available to the public.

(5) A regulation made under

section 108 supersedes a standard, code or body of rules established or adopted under this

section to the extent of any conflict.

(60) Section 109 is repealed and the following is substituted: Review of Act 109(1) The Minister must begin a comprehensive review of this Act and the regulations (

a) within 6 years after

section 7(60) of the Health Statutes Amendment Act, 2025 (No. 2) comes into force, and (

b) every 6 years after the date of the previous review.

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 60

(2) The Minister must consult with the Commissioner when conducting a review under subsection (1). Health Insurance Premiums Act Amends RSA 2000 cH-6 8(1) The Health Insurance Premiums Act is amended by this section.

(2) Section 1 is amended (

a) by adding the follo wing after clause (c): (c.1) “certificate of registration” means (

i) a certificate of registratio n issued under

section 23.6, or (ii) a document deemed to be a certificate of registration under

section 23.7; (

d) by adding the following after clause (i): (i.1) “personal health number” means a personal health number assigned under

section 23.1; (i.2) “practitioner” means a practitioner as defined in

Part 1 of the Alberta Health Care Insurance Act;

(3) Section 21 is repealed.

(5) The following is added after

section 23: Personal health number 23.1 The Minister shall assign every resident registered with the Minister a personal health number to uniquely identify the resident. Renewal of registration 23.2(1) Subject to this

section and the regulations, a resident shall renew the resident’s registration with the Minister (

a) on or before the expiry date that the resident’s certificate of registration contains, and (

b) at the place and in the manner and form and at the times prescribed in the regulations.

(2) A resident is not required to renew the resident’s registration with the Minister if

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Chapter 21 61 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

a) the resident is exempted from registration by the regulations, (

b) the resident is exempted from renewing the resident’s registration by the regulations, or (

c) the duty to renew the resident’s registration is imposed by the regulations on some other person.

(3) When the regulations impose a duty on a person to renew the registration of a resident, that person shall do so at the place and in the manner and form and at the times prescribed in the regulations.

(4) Subject to the regulations, the Minister shall, in the form and manner and at the times prescribed in the regulations, notify every resident required to renew the resident’s registration, or the person on whom a resident’s duty to renew the resident’s registration is imposed, of the date by which the resident’s registration must be renewed. Cancellation of registration 23.3(1) If a resident’s registration with the Minister is not renewed in accordance with

section 23.2, the resident shall be assumed to no longer be a resident and the resident’s registration shall be cancelled.

(2) The Minister shall, in the form and manner prescribed by the regulations, notify a resident whose registration is cancelled under subsection (1). No payment of benefits 23.4 Subject to

section 23.5, if a resident’s registration with the Minister is cancelled under

section 23.3, no benefits in respect of insured health services or insured hospital services provided to that resident shall be paid under

Part 1 or 2 of the Alberta Health Care Insurance Act. Reinstatement of registration 23.5(1) Where a resident’s registration with the Minister is cancelled under

section 23.3, the following persons may apply to the Minister in accordance with the regulations to have the registration reinstated: (

a) the resident; (

b) a person authorized by the regulations to apply on behalf of the resident.

(2) The effective date of the reinstatement of registration, and the entitlement to benefits, if any, in respect of insured health

Section 8

Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 62 services or insured hospital services provided to the resident during the period commencing when the resident’s registration was cancelled and ending when it was reinstated, shall be determined in accordance with the regulations. Certificate of registration 23.6(1) The Minister may issue a certificate of registration to a resident registered with the Minister.

(2) A certificate of registration must (

a) be in one or more forms, whether physical or electronic, approved by the Minister, (

b) contain the expiry date prescribed in the regulations in respect of the certificate, and (

c) contain the information prescribed by the Minister. Certificate of registration — other documents 23.7 A document, whether in physical or electronic form, that is issued to a resident who is registered with the Minister is deemed to be a certificate of registration for the purposes of this Act and Parts 1 and 2 of the Alberta Health Care Insurance Act if the document (

a) is issued under an enactment of Alberta, (

b) contains an expiry date, (

c) is of a class designated by the Minister, and (

d) contains the information prescribed by the Minister. New certificate of registration 23.8 A resident, or a person authorized by the regulations to make the request on behalf of the resident, may, in accordance with the regulations, request from the Minister a new, duplicate or replacement certificate of registration for the resident.

Declaration respecting certificate of registration 23.9 Subject to the regulations, the Minister may, by order, declare a class of certificates of registration to no longer be certificates of registration for the purposes of this Act and Parts 1 and 2 of the Alberta Health Care Insurance Act as of the date specified in the order. Presentation of certificate of registration 23.91(1) In this section,

Section 8

Chapter 21 63 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (a) “non-participating dentist” means a non-participating dentist as defined in

Part 1 of the Alberta Health Care Insurance Act; (b) “non-Plan service” means a non-Plan service as defined in

Part 1 of the Alberta Health Care Insurance Act.

(2) Subject to subsection (3), a resident who receives an insured health service from a practitioner or an insured hospital service shall present the resident’s certificate of registration to the practitioner or appropriate official of the hospital services facility operator, as the case may be. (3) Subsection (2) does not apply if the resident is receiving (

a) a non-Plan service, or (

b) an insured health serv ice from a non-participating dentist. Expiry of certificate of registration 23.92 A certificate of registration expires on the expiry date that the certificate contains. Collection, use and disclosure of expiry dates 23.93 The Minister may collect, use and disclose the expiry date of a document that is deemed to be a certificate of registration under

section 23.7 for the following purposes: (

a) determining the date by which a resident’s registration must be renewed; (

b) determining the date on which a certificate of registration expires. Regulations 23.94 The Lieutenant Governor in Council may make regulations (

a) governing the registration of residents with the Minister generally; (

b) prescribing the classes of dependants that a resident is required to register; (

c) prescribing the classes of residents exempted from registration; (

d) providing for any matter relating to the registration of residents under

section 23, including the duties of hospital services facility operators in connection with the

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 64 registration of unregistered residents receiving insured hospital services; (

e) providing for any matter pertaining to declarations filed under

section 25 not otherwise provided for in that section; (

f) imposing on a person the duty of registering a resident or residents; (

g) respecting the imposition of penalties on persons who have not registered within the times prescribed under the regulations. Regulations 23.95 The Minister may make regulations (

a) providing for any matter relating to the renewal of registration with the Minister; (

b) prescribing the classes of residents exempted from renewing registration; (

c) imposing on a person the duty of renewing a resident’s registration; (

d) providing for any matter relating to the renewal by a person of a resident’s registration; (

e) providing for any matter relating to notifications made under

section 23.2(4); (

f) prescribing the form, mann er and timing of notifications made under

section 23.2(4); (

g) prescribing the form and manner of notifications made under

section 23.3(2); (

h) providing for any matter relating to applications for reinstatement of registration; (

i) authorizing a person to apply for reinstatement on behalf of a resident; (

j) determining effective dates of reinstatement and the entitlement to benefits, if any, for insured health services or insured hospital services provided to residents during periods commencing when registration was cancelled and ending when registration was reinstated;

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Chapter 21 65 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

k) prescribing expiry dates of certificates of registration issued under

section 23.6; (

l) providing for any matter relating to requests for new, duplicate and replacement certificates of registration; (

m) authorizing a person to request new, duplicate and replacement certificates of registration on behalf of a resident; (

n) providing for any matter relating to declarations made under

section 23.9; (

o) prescribing persons to wh om certificates of registration are to be returned or surrendered under sections 23.96(2) and 24.1; (

p) providing for any matter relating to requests for the return or surrender of certificates of registration made under

section 24.1; (

q) prescribing circumstances for the purposes of

section 24.1(h); (

r) providing for any matter relating to requests made by the Minister under

section 24.3. Transitional — existing certificates of registration 23.96(1) A certificate of registration issued under this Act as it read immediately before the coming into force of this

section and in effect on the date this

section comes into force (

a) remains in effect until a date specified by order of the Minister, if the certificate does not contain an expiry date, or (

b) expires on the expiry date that the certificate contains, if the certificate contains an expiry date.

(2) If a resident applies for a document deemed to be a certificate of registration under

section 23.7, the resident shall, at the time of application, return or surrender to the Minister or a person prescribed in the regulations a certificate of registration referred to in subsection (1) that was issued to the resident.

(6) Section 24 is repealed and the following is substituted: Offences re certificate of registration 24 Every person is guilty of an offence who

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Chapter 21 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) 66 (

a) presents to a practitioner, member of the practitioner’s staff or appropriate official of a hospital services facility operator a certificate of registration (

i) knowing that the person named on it is not, at the time of its presentation, a resident, or (ii) knowing that the person on behalf of whom, and to facilitate whose treatment, it is presented is not the person named on it or a dependant of that person, (

b) mutilates, defaces, alters or falsifies a certificate of registration, (

c) has in the person’s possession a certificate of registration that is mutilated, defaced, altered or falsified, or (

d) uses or permits the use of a certificate of registration that is mutilated, defaced, altered or falsified. Return of certificate of registration 24.1 Where a resident is issued a certificate of registration under

section 23.6 that is in physical form, the Minister may, in accordance with the regulations, require that the certificate be returned or surrendered to the Minister or a person prescribed in the regulations if (

a) the resident’s registration with the Minister is cancelled, (

b) the certificate of registration is expired, (

c) the resident is issued another certificate of registration, (

d) the certificate of registration is of a class declared to be no longer certificates of registration for the purposes of this Act and Parts 1 and 2 of the Alberta Health Care Insurance Act, (

e) the resident is not entitled, under

section 4(3) of the Alberta Health Care Insurance Act, to the payment of benefits in respect of health services provided to the resident, (

f) the Minister has reasonable grounds to believe that the certificate of registration has been used to commit an offence under this Act or another enactment of Alberta or of another province or Canada, (

g) the Minister receives notifi cation of the resident’s death, or

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Chapter 21 67 HEALTH STATUTES AMENDMENT ACT, 2025 (NO. 2) (

h) one or more circumstances prescribed in the regulations exist. Termination of access to certificate of registration 24.2 Where a resident is issued a certificate of registration under

section 23.6 that is in electronic form, the Minister may terminate access, or cause the termination of access, to the certificate in the circumstances described in

section 24.1. Return of document deemed to be certificate of registration 24.3 Where a resident is issued a document that is deemed to be a certificate of registration under

section 23.7, the Minister may, in the circumstances described in

section 24.1 and in accordance with the regulations, if any, request a peace officer, a member of Executive Council, the Registrar of Motor Vehicle Services or another person authorized under an enactment to require the return or surrender of such documents to require the return or surrender of the resident’s document for the purposes of effecting the return or surrender to the Minister of the certificate of registration that that document is deemed to be. Court order 24.4 If a person refuses or fails to return or surrender a certificate of registration or a document deemed to be a certificate of registration under

section 23.7 when required to do so under

section 24.1 or 24.3, as applicable, the Minister may apply to the Court of King’s Bench for an order directing the person to comply with the requirement. Surrender of certificate of registration under other enactments 24.5 Where a peace officer, a member of Executive Council, the Registrar of Motor Vehicle Services or another person is authorized under an enactment to require the return or surrender of a document deemed to be a certificate of registration under

section 23.7, the peace officer, member of Executive Council, Registrar of Motor Vehicle Services or other person may also requ