July 11, 2003

The Honourable Allan Rock

Minister of Industry

11th Floor East Tower, CD Howe Building

235 Queen Street

Ottawa, ON K1A 0H5

Dear Minister:

Re: The Personal Information Protection and Electronic Documents Act

The Ontario Federation of Community Mental Health and Addiction Programs represents 217 providers across the province who work with the some of the most vulnerable populations within the province. Members’ services include residential addiction treatment, case management, supportive housing, counselling and the many other types of support needed to help people maintain their independence within their community.

We are very concerned about the possible application of the federal Personal Information Protection and Electronic Documents Act (PIPEDA) to some of our organizations effective January 2004. The definition of “commercial activity” under PIPEDA is extremely vague and, furthermore, we believe that introducing different rules for information flow based upon the nature of the health service being offered is not conducive to integrated patient care.

The addiction and mental health field are very aware of the need to maintain the confidentiality of client’s health records. The stigma attached to people who may be accessing supports requires confidentiality to support the outcome and effectiveness of services.

However the severe financial constraints facing community providers will effectively result in less service for people, as organizations deal with the significant costs of implementing the Personal Information Protection and Electronic Documents Act. Commercial organizations covered by PIPEDA may have the option of raising fees or adding additional charges to accommodate the costs of privacy protection. This is not an option for the not for profit addiction and mental health fields.

To ensure that health care providers can continue to deliver timely, safe and effective care, we believe that PIPEDA must explicitly exempt organizations that collect, use, or disclose personal health information for health care purposes. Regulations under the act should provide the timely solution needed to divert more resources away from client care. 

The Ontario Federation of Community Mental Health and Addiction Programs urgently would like a response from your office. The Federation would also be willing to discuss this issue further to support the Minister in dissipating the impact of this legislation on the addiction and mental health field. 

Sincerely,

David Kelly

Executive Director.

cc The Right Honourable Jean Chretien, Prime Minister

     The Honourable Anne McLellan, Minister of Health

     The Honouable Tony Clement, Minister of Health, Ontario