What are the consequences for committing an offence under PHIPA?
An individual found guilty of committing an offence under PHIPA can be liable for a fine of up to $200,000 or up to one year in prison, or both. An organization or institution can be liable for a fine of up to $1,000,000.
If a corporation commits an offence under PHIPA, every officer, member, employee or agent of that corporation found to have authorized the offence, or who had the authority to prevent the offence from being committed but knowingly refrained from doing so, can also be held personally liable.
An individual affected by an order of the IPC, or an individual affected by conduct leading to a conviction for an offence under PHIPA, may seek damages for actual harm suffered. If a court determines that the harm suffered was caused by wilful or reckless misconduct, PHIPA permits the court to award up to $10,000 in damages for mental anguish.
