Law 5 – an Act respecting health and social services information and amending various legislative provisions – received royal assent on April 4, 2023. This bill of this law, Bill 3, was introduced by Minister of Cybersecurity and Digital Technology Éric Caire on the heels of Bill 19 that died on the order paper following suspension of the last parliamentary session. The provisions of this law will come into force on the date set by the government.
The purpose of this law is to establish a specific legal framework for health and social services information ("Information") to ensure its protection, while still enabling optimization of the use made of the Information as well as its timely communication. It should be noted that such optimization explicitly excludes the sale or any other form of alienation of Information.
Law 5 is both material and organizational in scope, as it effectively applies to health and social services bodies (the "Bodies") that hold Information. Consequently, when Law 5 applies, the Act respecting the protection of personal information in the private sector and the Act respecting access to documents held by public bodies and the protection of personal information are
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