Best Practices Broker Bulletin!
Bulletin #2 FINTRAC Reminder
Bulletin #1
Current interest in the procedures regarding Client Identification practices has lead to the following information which the ASR has prepared for the consideration of Brokers and all registrants in Saskatchewan.
Regarding: The “Health Information Protection Act” and use of health cards for Client Identification
The following is according to the noted legislation and discussion with Saskatchewan Privacy officials:
- Yes the client can, if they willingly choose to, produce the Saskatchewan Health Services Card for the purposes of Identification.
- But, they also have the right to refuse to produce their Health Services Card regardless of the REALTORS® legislated requirement to properly identify their client(s).
- There is a potential to commit a punishable offense if the REALTOR® in any way represents that he or she is entitled to the information on the Health Services Card.
- There are serious possible consequences (noted below) for such an offense even if the Brokerage Policies and Procedures were not specific about this practice. Specifically the legislation below states that if the Brokerage (as an example of a corporation mentioned in the legislation) “acquiesced in or participated in an act or omission”).
- While the ASR version of the Saskatchewan Office Policies and Procedures template specifically states the provinces in which it is “NOT acceptable to use a health card”, there is little or no direction regarding what is allowed and/or is not acceptable in Sask (an act of omission).
Therefore, ASR has decided by way of this Broker Bulletin to advise that;
- All ASR members must be made aware that the use of a Saskatchewan Health Services Card is NOT the best practice.
- Only ‘Trustees’, persons approved by the above noted legislation, can request the Saskatchewan Health Services Card. Such ‘Trustees’ may make such a request but only for limited use and only specific to the provision of Health Services. REALTORS® or registrants are NOT approved ‘Trustees’.
- The Saskatchewan Health Services Card should never be requested, or worse ‘required’, by any registrant for identification purposes. Again the Saskatchewan Health Card should NOT be ‘required’ for any reason. If a client presents the Saskatchewan Health Card it is possible to use the card for identification purposes but this is completely up to the client.
- Use of Saskatchewan Health Services Cards for identification has been deemed by the ASR to be too high a risk.
This ASR Broker Bulletin has been issued to clearly outline the risk involved and take a formal position against the use or request of Saskatchewan Health Services Cards for identification or any other purpose.
The following is a direct quote from the Health Information Protection Act. This is not a complete quote and is only for purposes of reference to specific information. For any other purpose please consult a lawyer or refer to the Queen’s Printer for more complete information at http://www.qp.gov.sk.ca/documents/english/Statutes/Statutes/H0-021.pdf.
“Offences
64(1) No person shall:
…
(f) obtain another person’s personal health information by falsely representing that he or she is entitled to the information.”
Further:
…
“(2) Every person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction:
(a) in the case of an individual, to a fine of not more than $50,000, to imprisonment for not more than one year or to both; and
(b) in the case of a corporation, to a fine of not more than $500,000.
(3) Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence, and is liable on summary conviction to a fine of not more than $50,000, to imprisonment for not more than one year or to both, whether or not the corporation has been
prosecuted or convicted.”
Posted October 26, 2009