Sometimes, a person who wants to access their medical record to see it or to correct information may have their request denied by the healthcare facility for certain reasons. In such cases, there are solutions.
If your request to see a medical record or to correct information contained in the medical record has been refused, you can ask the Commission d’accès à l’information (access to information commission) to change the decision. You can also apply to the Commission if the health care institution has not answered a request within 30 days.
Whether the medical records are in a public health care institution (for example, a hospital) or in a private clinic, you must send an application for review to the Commission.
Important!The Commission d’accès à l’information will only consider the reasons and documents submitted with the first request for access or for rectification. The person asking for access cannot give new arguments or submit documents that were not filed with the first request. |
Application to the Commission d’accès à l’information
An application to the Commission must be filed within 30 days of the institution’s refusal to allow access or to correct information contained in the medical records, or within 30 days of the expiry of the time limit to respond. The application for review must be in writing and clearly explain the reasons for the request.
Note: Commission staff members can help you prepare an application for review or application for examination of a disagreement.
If the Commission finds that the person asking to see or correct the medical records and the institution or clinic cannot reach an agreement, then it examines the initial request for access or for rectification. The people involved have a chance to explain their arguments to the Commission. The Commission makes a written decision explaining its reasons and sends a copy to the people involved.
- If the Commission allows the request for access, it forwards its decision to the doctor treating the patient.
- If the Commission refuses the request, it notifies the doctor in writing not to let the patient access the file.
In some cases, the Commission’s decision can be challenged before the Court of Quebec. The appeal must be filed within 30 days of the refusal of the request for access or for rectification.