This decision involves a request made by an executor of an estate under the Personal Health Information Protection Act, 2004 (the Act) for access to all records of personal health information of a patient who died while in residence at the Pioneer Manor Long-Term Care Home (the custodian). The custodian denied access to the records, claiming that some of the records did not qualify as personal health information. The custodian also denied access to information it deemed to be personal health information on the basis that the executor was not permitted to access it under the Act. The custodian suggested that the complainant make a request for information under the Municipal Freedom of Information of and Protection of Privacy Act because it is part of the City of Greater Sudbury.
In this decision, the adjudicator finds that the Act governs this request, that all of the records contain the deceased’s personal health information as defined in section 4(1), and that the executor has a right of access to the personal health information of the deceased individual under section 52(1) of the Act. The adjudicator orders the custodian to issue an access decision to the executor under the Act without recourse to a time extension.