Trustees and The Protecting Children (Information Sharing) Act


It is important to note that while most service providers under The Protecting Children (Information Sharing) Act (PCISA) are also trustees under The Personal Health Information Act (PHIA), not all service providers are trustees, and not all trustees are service providers.

For example, a community-based agency funded by the government or a government agency is only a trustee if that organization is funded to provide health care. All regulated health professionals are trustees under PHIA, but regulated health professionals who are not employed, funded or otherwise paid for the provision of health care by the government or a government agency are not service providers under the PCISA.

While service providers can collect, use and share the personal information (including the personal health information) of supported children and their parents or legal guardians for the purpose of providing or planning the delivery of services and benefits to a supported child, the PCISA only allows trustees that are not service providers to collect, use and share the personal information (including personal health information) of supported children for the same purpose.


A trustee that is not a service provider is not authorised to share the personal information (which includes the personal health information) of a parent or a legal guardian under the PCISA.

It is important for trustees to understand that the PCISA does not supersede PHIA, but rather works in conjunction with it. Clause 22(2)(o) of PHIA states that:


Disclosure without individual's consent

22(2)       A trustee may disclose personal health information without the consent of the individual the information is about if the disclosure is

(o) authorized or required by an enactment of Manitoba or Canada.

As the PCISA is another law of Manitoba that authorizes the disclosure of personal health information, clause 22(2) (o) of PHIA authorizes that disclosure.

For more details, visit the Health, Seniors and Active Living website.