In most cases your medical records are confidential. Doctors and hospitals must not give them to anyone else, except in certain cases, such as: 

  1. Other people who give you medical care, such as specialists, will need some of your medical records (although you can tell your doctor not to send them any information that you do not wish them to see).
  2. If you’re in a lawsuit involving your health, such as a personal injury lawsuit, your lawyer will need your medical records. Usually, doctors and hospitals will copy your medical records to your lawyer if you ask them to (and they will usually charge a fee because it is not covered by MSP).  Be careful to ask your lawyer to make his request to your doctor specific and limited to what he or she thinks is relevant. Be careful to remind your doctor not to provide your entire record if it was not asked for.  
  3. A court can order your medical records be shown to other people and lawyers in a lawsuit, or in rare circumstances in a criminal matter.  In these circumstances, it is a good idea to get a lawyer if you do not already have one. Your lawyer or the Crown lawyer will advise you in such cases. 
  4. If you apply for life or health insurance, the insurance company will often need your medical records before giving you insurance. They will usually get you to sign a form giving consent to allow the doctor to give your medical information to the insurer. Again, make sure you understand your insurer’s request. Especially after the province’s electronic health records systems are operational, you should be aware how far back the records go and what is contained in them. It is a good idea to ask to see your own medical records before consenting to disclosure.   
  5. Some types of jobs may require medical information. However, potential employers can get your records only if you agree to let them see the records. Again, it is a good idea to look at your own medical records first before agreeing to release them to potential employers, especially if what is released comes from the province-wide electronic health record system.   

Doctors also have to release medical information to authorities in certain cases. For example, they must:

  1. report children at risk to the Ministry of Children and Family Development;
  2. tell the motor vehicle branch when a person’s ability to drive may be reduced;  or
  3. tell police if someone’s life or safety may be at risk.

And if police have a search warrant, a doctor may be required to release information.