Cancer Agency Regulations, C-1.1 Reg 1

1 CANCER AGENCY C-1.1 REG 1 The Cancer Agency Regulations being Chapter C-1.1 Reg 1 (effective January 15, 2009) as amended by Saskatchewan Regulations 52/2020, 55/2021 and 60/2023. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 C-1.1 REG 1 CANCER AGENCY Table of Contents 1 Title 9 Provision of information by dentists 2 Interpretation 10 Provision of information by midwives 3 Reportable cancer 11 Provision of information by nurse practitioners 4 Eligibility for cancer control services 12 Provision of information by laboratories 4.1 Additional services re public emergency period 12.1 Provision of information by coroners 5 Persons with duty to report 13 Provision of information 6 Collection of demographic information 13.1 Disclosure of information in registry 7 Provision of information by regional health 14 S.R. 880/68 repealed authorities, etc. 15 Coming into force 8 Provision of information by physicians 8.1 Provision of information by physician assistants 3 CANCER AGENCY C-1.1 REG 1 CHAPTER C-1.1 REG 1 The Cancer Agency Act Title 1 These regulations may be cited as The Cancer Agency Regulations. Interpretation 2 In these regulations: (a) “Act” means The Cancer Agency Act; (b) “Canadian Armed Forces number” means a unique number assigned by the Canadian Armed Forces to a member of the Canadian Armed Forces for the purposes of identifying the member; (b.1) “coroner” means a coroner as defined in The Coroners Act, 1999 and includes the chief coroner as defined in that Act; (c) “dentist” means a dentist who is entitled pursuant to The Dental Professions Act to practise dentistry; (d) “health centre” means a health centre within the meaning of The Facility Designation Regulations; (e) “health services number” means a unique number assigned to an individual who is or was registered as a beneficiary to receive insured services within the meaning of The Saskatchewan Medical Care Insurance Act; (f) “hospital” means a hospital within the meaning of The Facility Designation Regulations; (g) “midwife” means a midwife who is entitled pursuant to The Midwifery Act to practise midwifery; (h) “nurse practitioner” means a registered nurse who is entitled pursuant to The Registered Nurses Act, 1988 to practise in the nurse practitioner category; (i) “oral maxillofacial surgeon” means a dentist who is registered and certified in oral and maxillofacial surgery by the College of Dental Surgeons of Saskatchewan; (j) “physician” means a duly qualified medical practitioner; (j.1) “physician assistant” means a physician assistant as defined in The Medical Profession Act, 1981 who is practising under the supervision of a physician as approved by the College of Physicians and Surgeons of Saskatchewan; (k) “registration information” means registration information as defined in The Health Information Protection Act; (l) Repealed. 14 May 2021 SR 55/2021 s3. 23 Jan 2009 cC-1.1 Reg 1 s2; 14 May 2021 SR 55/2021 s3; 14 Jly 2023 SR 60/2023 s3. 4 C-1.1 REG 1 CANCER AGENCY Reportable cancer 3 Any disease that is listed in any of the following publications is prescribed as a reportable cancer for the purposes of clause 2(l) of the Act: (a) the International Classification of Diseases for Oncology, as amended from time to time, published by the World Health Organization; (b) the International Classification of Tumours of Haematopoietic and Lymphoid Tissues, as amended from time to time, published by the World Health Organization. 14 May 2021 SR 55/2021 s4. Eligibility for cancer control services 4(1) An individual who is a beneficiary within the meaning of The Saskatchewan Medical Care Insurance Act is eligible to receive cancer control services from the agency. (2) An individual who is not a beneficiary within the meaning of The Saskatchewan Medical Care Insurance Act is eligible to receive cancer control services from the agency if: (a) the minister has entered into an agreement with the Government of Canada or the government of another province or territory of Canada with respect to the provision of cancer control services to classes of persons who are not beneficiaries; and (b) the individual is a member of a class of persons to whom the agreement described in clause (a) applies. 23 Jan 2009 cC-1.1 Reg 1 s4; 14 May 2021 SR 55/2021 s5. Additional services re public emergency period 4.1(1) In this section, “public emergency period” means the period during which an emergency declaration ordered pursuant to The Emergency Planning Act, or an order of the chief medical health officer pursuant to The Public Health Act, 1994 respecting quarantines, travel restrictions or other forms of isolation, is in force. (2) During a public emergency period, the agency is responsible, within its capacity, to assist the provincial health authority in providing health services in addition to cancer control services in accordance with the directions provided by the minister, in consultation with the provincial health authority. 15 May 2020 SR 52/2020 s2. Persons with duty to report 5 Pursuant to clause 16(1)(g) of the Act, the following classes of persons are prescribed as classes of persons who are required to report to the agency in accordance with subsection 16(1) of the Act: (a) midwives; (b) nurse practitioners; (c) coroners; (d) physician assistants. 23 Jan 2009 cC-1.1 Reg 1 s5; 14 May 2021 SR 55/2021 s6; 14 Jly 2023 SR 60/2023 s4. 5 CANCER AGENCY C-1.1 REG 1 Collection of demographic information 6(1) For the purposes of clause 13(1)(d) of the Act, the agency may collect the following demographic information with respect to individuals mentioned in clauses 13(1)(a) to (c) of the Act: (a) the surname, first and middle names and any other names of the individual; (b) the maiden name of the individual, if applicable; (c) the sex of the individual; (c.1) the gender, if recorded and different from the information previously collected pursuant to clause (c); (d) the date and place of birth of the individual; (e) the health services number of the individual; (f) the Canadian Armed Forces number of the individual, if applicable; (g) the contact information, including address, postal code, telephone number and email address, of the individual, if available; (h) the ethnicity of the individual; (i) the marital status of the individual; (j) the date of death, and the location and cause of death, of the individual, if applicable. (2) For the purposes of clause 13(1)(h) of the Act, the agency may collect the following information with respect to the person from whom the agency collects the information mentioned in subsection (1): (a) the individual’s mother’s surname, first name, maiden name, if applicable, and any other names; (b) the individual’s father’s surname, first name, and any other names; (c) Repealed. 14 May 2021 SR 55/2021 s7. (3) Notwithstanding subsection (1), the agency may maintain any registry information not mentioned in subsection (1) that: (a) is collected with the consent of the person to whom it relates; or (b) was collected before the coming into force of The Cancer Agency Amendment Regulations, 2021. 23 Jan 2009 cC-1.1 Reg 1 s6; 14 May 2021 SR 55/2021 s7. Provision of information by regional health authorities, etc. 7 If the Saskatchewan Health Authority, the Athabasca Health Authority Inc. or a health care organization is required pursuant to subsection 16(1) of the Act to provide the agency with information respecting an individual and a reportable cancer, the Saskatchewan Health Authority, the Athabasca Health Authority Inc. or the health care organization shall provide the agency with any of the following information pertaining to the individual that is relevant to the reportable cancer and that is in its custody or control: (a) anaesthesia report; (b) autopsy report; 6 C-1.1 REG 1 CANCER AGENCY (c) consultation report; (d) dental report; (e) diagnostic order; (f) diagnostic report; (g) discharge summary; (h) laboratory order; (i) laboratory report; (j) medical history; (k) medication order; (l) medication report; (m) obstetric report; (n) operative report; (o) outpatient report; (p) pathology report; (q) physical report; (r) physician note; (s) physician order; (t) standing order; (u) treatment summary; (v) any other similar reports, summaries, orders or notes pertaining to the individual’s health history that, in the opinion of the agency, are relevant to the reportable cancer. 23 Jan 2009 cC-1.1 Reg 1 s7; 14 May 2021 SR 55/2021 s8. Provision of information by physicians 8 Where a physician is required pursuant to subsection 16(1) of the Act to provide the agency with information respecting an individual and a reportable cancer, the physician shall provide the agency with any of the following information pertaining to the individual that is relevant to the reportable cancer and that is in the custody or control of the physician: (a) autopsy report; (b) consultation report; (c) diagnostic order; (d) diagnostic report; (e) discharge summary; (f) laboratory order; (g) laboratory report; (h) medical history; 7 CANCER AGENCY C-1.1 REG 1 (i) medication order; (j) medication report; (k) obstetric report; (l) operative report; (m) outpatient report; (n) pathology report; (o) physical report; (p) physician note; (q) physician order; (r) standing order; (s) treatment summary; (t) any other similar reports, summaries, orders or notes pertaining to the individual’s health history that, in the opinion of the agency, are relevant to the reportable cancer. 23 Jan 2009 cC-1.1 Reg 1 s8; 14 May 2021 SR 55/2021 s9. Provision of information by physician assistants 8.1 Where a physician assistant is required pursuant to subsection 16(1) of the Act to provide the agency with information respecting an individual and a reportable cancer, the physician assistant shall provide the agency with any of the following information pertaining to the individual that is relevant to the reportable cancer and that is in the custody or control of the physician assistant: (a) autopsy report; (b) consultation report; (c) diagnostic order; (d) diagnostic report; (e) discharge summary; (f) laboratory order; (g) laboratory report; (h) medical history; (i) medication order; (j) medication report; (k) obstetric report; (l) operative report; (m) outpatient report; (n) pathology report; (o) physical report; (p) physician note; 8 C-1.1 REG 1 CANCER AGENCY (q) physician order; (r) standing order; (s) treatment summary; (t) any other similar reports, summaries, orders or notes pertaining to the individual’s health history that, in the opinion of the agency, are relevant to the reportable cancer. 14 Jly 2023 SR 60/2023 s5. Provision of information by dentists 9(1) Where a dentist is required pursuant to subsection 16(1) of the Act to provide the agency with information respecting an individual and a reportable cancer, the dentist shall provide the agency with any of the following information pertaining to the individual that is relevant to the reportable cancer and that is in the custody or control of the dentist: (a) consultation report; (b) dental report; (c) diagnostic order; (d) diagnostic report; (e) laboratory order; (f) laboratory report; (g) medical history; (h) medication order; (i) medication report; (j) operative report; (k) outpatient report; (l) pathology report; (m) treatment summary; (n) any other similar reports, summaries, orders or notes pertaining to the individual’s health history that, in the opinion of the agency, are relevant to the reportable cancer. (2) In addition to the information required pursuant to subsection (1), a dentist who is an oral maxillofacial surgeon shall provide the agency with any of the following information pertaining to an individual that is relevant to a reportable cancer and that is in the custody or control of the oral maxillofacial surgeon: (a) discharge summary; (b) physical report; (c) physician note; (d) physician order; (e) standing order. 23 Jan 2009 cC-1.1 Reg 1 s9; 14 May 2021 SR 55/2021 s10. 9 CANCER AGENCY C-1.1 REG 1 Provision of information by midwives 10 Where a midwife is required pursuant to subsection 16(1) of the Act to provide the agency with information respecting an individual and a reportable cancer, the midwife shall provide the agency with any of the following information pertaining to the individual that is relevant to the reportable cancer and that is in the custody or control of the midwife: (a) consultation report; (b) diagnostic order; (c) diagnostic report; (d) discharge summary; (e) laboratory order; (f) laboratory report; (g) medical history; (h) medication order; (i) medication report; (j) obstetric report; (k) operative report; (l) outpatient report; (m) physical report; (n) standing order; (o) treatment summary; (p) any other similar reports, summaries, orders or notes pertaining to the individual’s health history that, in the opinion of the agency, are relevant to the reportable cancer. 23 Jan 2009 cC-1.1 Reg 1 s10; 14 May 2021 SR 55/2021 s11. Provision of information by nurse practitioners 11 Where a nurse practitioner is required pursuant to subsection 16(1) of the Act to provide the agency with information respecting an individual and a reportable cancer, the nurse practitioner shall provide the agency with any of the following information pertaining to the individual that is relevant to the reportable cancer and that is in the custody or control of the nurse practitioner: (a) consultation report; (b) diagnostic order; (c) diagnostic report; (d) laboratory order; (e) laboratory report; (f) medical history; (g) medication order; 10 C-1.1 REG 1 CANCER AGENCY (h) medication report; (i) outpatient report; (j) physical report; (k) physician order; (l) standing order; (m) treatment summary; (n) any other similar reports, summaries, orders or notes pertaining to the individual’s health history that, in the opinion of the agency, are relevant to the reportable cancer. 23 Jan 2009 cC-1.1 Reg 1 s11; 14 May 2021 SR 55/2021 s12. Provision of information by laboratories 12 Where a laboratory licensed pursuant to The Medical Laboratory Licensing Act, 1994 is required pursuant to subsection 16(1) of the Act to provide the agency with information respecting an individual and a reportable cancer, the director of the laboratory shall provide the agency with any of the following information pertaining to the individual that is relevant to the reportable cancer and that is in the custody or control of the laboratory: (a) diagnostic order; (b) diagnostic report; (c) laboratory order; (d) laboratory report; (e) pathology report; (f) any other similar reports, summaries, orders or notes pertaining to the individual’s health history that, in the opinion of the agency, are relevant to the reportable cancer. 23 Jan 2009 cC-1.1 Reg 1 s12; 14 May 2021 SR 55/2021 s13. Provision of information by coroners 12.1 If a coroner is required pursuant to subsection 16(1) of the Act to provide the agency with information respecting an individual who had a reportable cancer, the coroner shall provide the agency with any of the following information pertaining to the individual that is relevant to the reportable cancer and that is in the custody or control of the coroner: (a) an autopsy report; (b) any other similar reports, summaries, orders, or notes pertaining to the individual’s health history that, in the opinion of the agency, are relevant to the reportable cancer. 14 May 2021 SR 55/2021 s14. 11 CANCER AGENCY C-1.1 REG 1 Provision of information 13(1) A person who is required to provide information to the agency must provide that information to the agency: (a) in person; (b) orally by telephone; or (c) in writing, including transmission by secure fax, email or electronic interface. (2) Information that is required to be provided pursuant to subsection 16(1) of the Act must be provided within 14 days after the date on which the information was collected. (3) If the agency requests information pursuant to subsection 16(2) of the Act: (a) that information must be provided within 14 days after the date of the request; or (b) if the information required to be reported is in an electronic record that is in the custody or control of eHealth Saskatchewan, eHealth Saskatchewan shall provide the agency with access to that information electronically. 23 Jan 2009 cC-1.1 Reg 1 s13 14 May 2021 SR 55/2021 s15. Disclosure of information in registry 13.1(1) For the purposes of clause 15(c) of the Act but subject to subsection (2), the agency may disclose information in the registry for the purposes of research, analysis, surveillance, certification and assessment of risk factors to the following: (a) the North American Association of Central Cancer Registries Inc.; (b) the International Agency for Research on Cancer; (c) Statistics Canada; (d) the minister responsible for the administration of The Public Health Act, 1994; (e) any other organization that has responsibilities or powers similar to those of the agency. (2) If the information to be disclosed pursuant to subsection (1) contains personal health information, the agency must enter into a written data sharing agreement with the party to whom the information is to be disclosed that includes the following terms: (a) the purpose for which the information is being disclosed and the specific information being disclosed; (b) provisions setting out the obligations of that party respecting the security and safeguarding of the information being disclosed; (c) provisions that prohibit the subsequent use and disclosure of the information being disclosed for purposes not specified in subsection (1) except: (i) with the consent of the person to whom the information relates; or (ii) if required or authorized by law; 12 C-1.1 REG 1 CANCER AGENCY (d) provisions requiring the party to notify the agency if there is a breach or suspected breach of the provisions governing use or disclosure of the information; (e) provisions for the termination of the agreement and, in the case of termination, provisions that prohibit any further use or disclosure of the information received by that party, except: (i) with the consent of: (A) the agency; or (B) the person to whom the information relates; or (ii) if required or authorized by law; (f) provisions that specify the ongoing obligations of that party to secure and safeguard the registry information after the data sharing agreement has expired or otherwise been terminated; and (g) any other provisions that the agency considers necessary. 14 May 2021 SR 55/2021 s16. S.R. 880/68 repealed 14 Saskatchewan Regulations 880/68 [untitled], being general regulations made pursuant to The Cancer Control Act, S.S. 1948, c.59, are repealed. 23 Jan 2009 cC-1.1 Reg 1 s14. Coming into force 15 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 23 Jan 2009 cC-1.1 Reg 1 s15. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023