La loi vos droits

Health Care Users and Professionals

Access to Medical Records

Jocelyne is feeling pretty confused: she didn’t think her life insurance questionnaire would be so detailed! Jocelyne has a good idea of her medical history, but does not necessarily remember all the treatments and illnesses that might be important to her insurer. She would like to consult her medical file to make sure she hasn't forgotten something. She wonders if she is allowed to see this file and what to do if her medical clinic refuses to let her it.

In this Infosheet, Éducaloi attempts to answer the main questions about access to medical records and the options available in case of a misunderstanding.

Can other people have access to my medical records?

No. In principle, only you have access to your medical file. Other people, such as professionals and staff members who treat you, can access your file if the law allows, or if you have given them your permission.

For example, the law allows the heirs of a deceased person to have access to the medical records if it is necessary for them to be able to exercise their rights. The same is true for someone who benefits from your life insurance policy or retirement plan.

Also, if you file a lawsuit and your claim is related to your physical or mental health, the other party can request access to relevant information in your medical records.

How can I get access to my medical records?

• If your file is in a private clinic

The clinic has to give you access to your file. The best way to proceed is to send a written request to the clinic. Thirty (30) days after receiving your request, the clinic must send you a response or contact you. If you want, you can then set up an appointment to consult your medical record on the premises.

A reasonable fee may be charged if you wish to copy all or part of your record.

• If your file is in a hospital

You are entitled to access your medical record kept at a hospital, or to receive a copy of it for a fee.

You need to address your request to the person in charge of access to the records at the hospital. This person’s name and phone number can be obtained by calling the hospital directly, or by contacting the Commission d'accès à l'information or Communication-Québec.

The hospital must reply to your request as soon as possible.

Can I sometimes be refused access to my medical records?

A hospital or the clinic can refuse you access to your file in specific situations provided by law. This might be the case when the doctor worries that access to the information may have serious effects on your mental or physical health.

Hospitals and clinics can also, in certain cases, refuse to send you information from your file when that information concerns a third person outside the hospital or clinic. However, if the person in question agrees, the information can be given to you.

What can I do if I am refused access to my records or my request gpes unanswered?

• If your record is in a private clinic

If a private clinic fails to reply to your request within thirty (30) days from when it receives your request, or refuses access to your records, you can fill out a request for review of the grievance with the Commission d’accès à l’information. The Commission will then decide if the clinic was right to refuse you access. If not, the Commission can force the clinic to give you access.

You must submit your request to the Commission within thirty (30) days of the clinic's refusal to grant you access or of the expiration of the period within which they had to reply, whichever comes first.

For example, if the clinic received your written request on the 1st of May, it will have until the 31st of May to answer you. If the clinic does not answer your request, you have thirty (30) days from the 31st of May to submit your complaint to the Commission. On the other hand, if the clinic tells you on the 4th of May that it does not plan to give you access to your file, then from the date of that refusal you will have thirty (30) days to make a request for review of the grievance.

• If your file is in a hospital

If the hospital does not respond quickly (by law it should be as soon as possible), or if you are refused access to your file, there are many options open to you. You can:

• request a review by the Commission d'accès à l'information;
  
• ask that the hospital’s decision be reviewed by a judge of the Superior Court or the Court of Quebec;
  
• contest the hospital’s decision before the Administrative Tribunal of Quebec. You must do so within sixty (60) days of being notified of the refusal to grant you access to your record.

How should I proceed if my request is refused or goes unanswered and are there any costs?

A request for the Commission d'accès à l'information to review a decision must be made in writing. Contact the Commission to obtain the appropriate form, or download it from the Commission website. There are no fees for filing the request.

A request to the Administrative Tribunal of Quebec must be made by way of a motion (a kind of written request). To get a copy of the appropriate form, called a “motion to institute a proceeding”,contact the Secretariat of the Tribunal or the clerk of the Small Claims Court at a courthouse. You can also download the form from the website of the Tribunal. There is no fee for filing the motion, and the staff of the Tribunal can even help you complete the motion.


If you prefer to go before a judge of the Superior Court or the Court of Quebec, you also have to file a motion. The fees and the steps to follow are the same as for an ordinary legal proceeding. For more information, consult (Côtécour  (http://www.educaloi.qc.ca/en/cotecour/))

If I discover that my medical record contains incomplete or inaccurate information, what can I do?

First, you must send a written request to the hospital or clinic outlining what you want corrected or added. A hospital has 20 days from receipt of your request to respond. A clinic has 30 days. If they refuse to make the corrections or do not answer within the time limit, you can contact the Commission d’accès à l’information

Can my employer obtain access to medical information about me?

Under certain very specific circumstances, your employer can access some of your medical information. For example, if you are absent from work for a period of time due to illness, your employer may ask you to provide a medical certificate justifying your absence. However, only the person in charge of personnel and personnel-related decisions (e.g., the human resources director) is allowed access to this information.

Also, your employer can ask you to undergo a medical examination if he has reasonable grounds to believe you are physically incapable of performing your work duties. He would then have access to the report of that examination.

On the other hand, an employer cannot automatically require you to provide a copy of your medical record during the hiring stage. He can only evaluate your physical or psychological ability to perform the job by asking you questions or asking you to undergo a specific medical examination.

Can my family get access to my medical records without my consent?

During your lifetime, if you are 18 years of age or older, your family cannot, in principle, have access to your medical records without your consent.

However, if you are incapacitated (you become unable to take care of yourself and your property), the person you designated in a mandate in case of incapacity, your tutor, or your curator can have access to your record.

After your death, people who stand to inherit from you and your legal representatives have the right to access information in your file if this is necessary for them to exercise their rights. The same is true for the beneficiary of your life insurance policy or your retirement plan.

The spouse, parents, grandparents, children, and grandchildren of a deceased person also have a right to information in medical records about the cause of death, unless the deceased included written instructions in her medical records refusing these relatives access. However, this refusal cannot prevent a blood relative of the deceased from verifying the existence of a genetic illness or another condition that travels in families.

I am a minor. Do I have a right to consult my medical record? What about my parents?

In principle, only people 14 years of age or older have independent access to their medical record. A person under 14 can still have access to the file through a lawyer during a legal proceeding.

In theory, parents also have access to their child's medical record if the child is under 18 years old. However, the hospital or clinic is still not allowed to send the contents of the medical record of a child 14 years of age and older if the child refuses after being consulted. For the refusal to be respected, the doctor also has to conclude that sending the file to the parent could harm the minor’s health. If the doctor decides that sharing the information does not endanger the health of the minor, the parent can have access to the file despite the adolescent’s refusal.

When a child under 14 years old is involved in a measure under the Youth Protection Act, the establishment consults with the Director of Youth Protection and refuses to allow the parents to access the file if it believes that this could harm the minor’s health.

Useful Links :

1. Commission d’accès à l’information website  [http://www.cai.gouv.qc.ca/]