Definitions

1   In this Act:

"BC Cancer Agency" means the British Columbia Cancer Agency Branch, a society incorporated under the Societies Act and that reports to the Provincial Health Services Authority;

"Health Status Registry" means the Health Status Registry continued under section 5 (1);

"request" means a request made under section 2 (1) or 5 (2), as applicable.

Request for research information

2   (1) The BC Cancer Agency may request any person to provide the agency with prescribed information or records, or classes of information or records, if there are reasonable grounds to believe that

(a) the information or records will facilitate medical research, and

(b) the benefit to the public of the research justifies the request.

(2) Subject to any other enactment, a person to whom a request is made under subsection (1) must comply with the request in the manner and at the times requested if the information or records are within the person's possession or control.

(3) The minister may make regulations prescribing the information or records, or classes of information or records, that may be requested under this section.

Disclosure of research information

3   A person must not disclose information or records the person has obtained under section 2 to another person except as follows:

(a) to a person engaged in medical research, whether or not the person is engaged in medical research for the BC Cancer Agency, for the purpose of medical research;

(b) in court proceedings related to this Act or a regulation;

(c) under an agreement that

(i) is between the BC Cancer Agency and a government, government agency or another organization engaged in medical research,

(ii) relates to medical research, and

(iii) provides for the disclosure of information or records to that government, government agency or other organization;

(d) for the purpose of compiling statistical information by a government, government agency or other organization, if the information is compiled to facilitate medical research.

Immunity from legal proceedings

4   An action for damages does not lie for anything done or omitted in good faith in the exercise or purported exercise of a power conferred under section 2 or 3 or the performance or purported performance of a duty imposed under section 2 or 3.

Request for registry information

5   (1) The Health Status Registry is continued for the purpose of recording and classifying, for statistical or health research purposes, information concerning one or more of the following matters:

(a) congenital anomalies;

(b) genetic conditions;

(c) chronic disabling conditions of individuals.

(2) A person acting on behalf of the Health Status Registry may request any person to provide the registry with information or records concerning the matters listed in subsection (1) if there are reasonable grounds to believe that

(a) the information will facilitate the purpose of the registry, and

(b) the likely benefit to the public justifies the request.

(3) A person to whom a request is made under subsection (2) must comply with the request in the manner and at the times requested if the information or record is within the person's possession or control.

Disclosure of registry information

6   A person acting on behalf of the Health Status Registry must not communicate personally identifying information obtained under section 5 to persons who are not acting on behalf of the registry except to the extent necessary for the purpose stated in section 5 (1).

Dispute of request

7   (1) A person aggrieved by a request may apply to the Supreme Court for a review of the request.

(2) An application under subsection (1) suspends the request until the court makes an order under subsection (3).

(3) On a review of a request, the court may order the cancellation of the request or make any other order it considers appropriate.

Offences

8   (1) A person who makes a request other than as authorized under section 2 (1) or 5 (2) commits an offence.

(2) A person who contravenes any of sections 2 (2), 3, 5 (3) and 6 commits an offence.

(3) Section 5 of the Offence Act does not apply to this Act.