Alberta
Consent to Health Care

There is no health care consent specific legislation. The common law ‘mature minor’ rule applies.

However, the Personal Directives Act establishes an age limit to make a personal directive:

“3(1) Any person who is at least 18 years of age and understands the nature and effect of a personal directive may make a personal directive.

(2) A person who is at least 18 years of age is presumed to understand the nature and effect of a personal directive.”

http://www.qp.alberta.ca/documents/Acts/p06.pdf

(For more information on the contents of a personal directive, see section 7(1).)

See also: College of Physicians and Surgeons of Alberta, Consent for Minor Patients. Available at: http://cpsa.ca/wp-content/uploads/2015/08/Consent-for-Minor-Patients.pdf?x91570.

Right to Privacy

The Health Information Act (2000) and the Personal Information Privacy Act (2003) apply to mature minors, who are capable individuals under the age of 18 years (see HIA section 104 (1)(b) and PIPA section 61 (1)(b)). This includes a right to consent to or to refuse disclosure of personal health information and personal information within the limits set out in the Acts. This includes some exceptions allowing disclosure of personal health information without consent

https://www.canlii.org/en/ab/laws/stat/rsa-2000-c-h-5/latest/rsa-2000-c-h-5.html

http://www.qp.alberta.ca/1266.cfm?page=F25.cfm&leg_type=Acts&isbncln=9780779762071

British Columbia
Consent to Health Care

Under the Health Care (Consent) and Care Facility (Admission) Act (1996), adults over 19 years of age are capable of consent. www.bclaws.ca/civix/document/id/complete/statreg/96181_01#section3

However, under section 17 of the Infants Act, anyone under 19 years old (i.e., an “infant”) can consent to health care if “the health care provider providing the health care: (a) has explained to the infant and has been satisfied that the infant understands the nature and consequences and the reasonably foreseeable benefits and risks of the health care, and (b) has made reasonable efforts to determine and has concluded that the health care is in the infant’s best interests.”

www.bclaws.ca/civix/document/id/complete/statreg/96223_01#part2

Right to Privacy

Under the Health Care (Consent) and Care Facility (Admission) Act (1996), adults over 19 years of age are capable of consent. www.bclaws.ca/civix/document/id/complete/statreg/96181_01#section3

However, under section 17 of the Infants Act, anyone under 19 years old (i.e., an “infant”) can consent to health care if “the health care provider providing the health care: (a) has explained to the infant and has been satisfied that the infant understands the nature and consequences and the reasonably foreseeable benefits and risks of the health care, and (b) has made reasonable efforts to determine and has concluded that the health care is in the infant’s best interests.”

www.bclaws.ca/civix/document/id/complete/statreg/96223_01#part2

Manitoba
Consent to Health Care

There is no health care consent specific legislation. The common law ‘mature minor’ rule applies.

In addition, the Health Care Directives Act states that: “4(1) Every person who has the capacity to make health care decisions may make a health care directive. 4(2) In the absence of evidence to the contrary, it shall be presumed for the purpose of this Act: (a) that a person who is 16 years of age or more has the capacity to make health care decisions; and (b) that a person who is under 16 years of age does not have the capacity to make health care decisions.”

http://web2.gov.mb.ca/laws/statutes/ccsm/h027e.php

Right to Privacy

The Personal Health Information Act (1997) applies to mature minors if capable. The Acts set out some exceptions allowing disclosure of personal health information without consent (see section 22(2)).

http://web2.gov.mb.ca/laws/statutes/ccsm/p033-5e.php

New Brunswick
Consent to Health Care

The Personal Health Information Act (1997) applies to mature minors if capable. The Acts set out some exceptions allowing disclosure of personal health information without consent (see section 22(2)).

http://web2.gov.mb.ca/laws/statutes/ccsm/p033-5e.php

Right to Privacy

According to The Personal Health Information Privacy and Access Act (2009):

“5. The Medical Consent of Minors Act applies for the purpose of providing the consent of the person to the collection, use or disclosure of personal health information or for the refusal or withdrawal of the person’s consent.”

The Acts set out some exceptions allowing disclosure of personal health information without consent (see sections 37-42.)

www.gnb.ca/legis/bill/FILE/56/3/Bill-88-e.htm

Newfoundland and Labrador
Consent to Health Care

There is no healthcare consent specific legislation. The common law ‘mature minor’ rule applies.

In addition, An Act Respecting Advance Health Care Directives and the Appointment of Substitute Health Care Decision Makers, 1995) states that: “7. …there shall, in the absence of evidence to the contrary, be a presumption (a) …; (b) that a person who is 16 years of age or older is competent to make health care decisions; and (c) that a person who is younger than 16 years of age is not competent to make health care decisions.”

http://www.assembly.nl.ca/legislation/sr/annualstatutes/1995/A04-1.c95.htm

See also: College of Physicians and Surgeons of Newfoundland and Labrador, Guideline – Consent to Medical Treatment of Minors. Available at: http://imis.cpsnl.ca/WEB/CPSNL/Policies/Guideline_-_Consent_to_Medical_Treatment_of_Minors.aspx

Right to Privacy

There is no healthcare consent specific legislation. The common law ‘mature minor’ rule applies.

In addition, An Act Respecting Advance Health Care Directives and the Appointment of Substitute Health Care Decision Makers, 1995) states that: “7. …there shall, in the absence of evidence to the contrary, be a presumption (a) …; (b) that a person who is 16 years of age or older is competent to make health care decisions; and (c) that a person who is younger than 16 years of age is not competent to make health care decisions.”

http://www.assembly.nl.ca/legislation/sr/annualstatutes/1995/A04-1.c95.htm

See also: College of Physicians and Surgeons of Newfoundland and Labrador, Guideline – Consent to Medical Treatment of Minors. Available at: http://imis.cpsnl.ca/WEB/CPSNL/Policies/Guideline_-_Consent_to_Medical_Treatment_of_Minors.aspx

Northwest Territories
Consent to Health Care

There is no healthcare consent specific legislation. The common law ‘mature minor’ rule applies. The age of majority is 19 years.

Right to Privacy

The Health Information Act (2015) outlines rights and protections regarding the collection, use, and disclosure of personal health information of individuals, including mature minors:

“25. (1) Any right or power conferred on an individual by this Act, including any authority of an individual in respect of the collection, use or disclosure of personal health information about him or her, may be exercised, (a) if the individual has attained 19 years of age, by that individual; (b) if the individual has not attained 19 years of age, but understands the nature of the right or power and the consequences of exercising the right or power, by that individual; (c) if the individual has not attained 19 years of age and does not meet the requirement of paragraph (b), by a person who has lawful custody of, or lawful authority in respect of, the individual; …”

https://www.justice.gov.nt.ca/en/files/legislation/health-information/health-information.a.pdf

See also: Government of Northwest Territories, Health Information Act Guide, 2015. Available at: http://www.hss.gov.nt.ca/sites/www.hss.gov.nt.ca/files/hia-guide.pdf)

Nova Scotia
Consent to Health Care

There is no healthcare consent specific legislation. The common law ‘mature minor’ rule applies.

Right to Privacy

The Personal Health Information Act (2010) states explicitly that “any capable individual, regardless of age, may consent or withdraw consent for the purpose of this Act” (section 18). It recognizes that the ability to consent may be variable over time and type of the personal health information (section 19). The PHIA also states that “where an individual is deemed to have the capacity to consent to the collection, use and disclosure of personal health information, this capacity to consent includes disclosure to a parent, guardian or substitute decision-maker where applicable” (section 20).

https://www.canlii.org/en/ns/laws/stat/sns-2010-c-41/latest/sns-2010-c-41.html

Nunavut
Consent to Health Care

There is no healthcare consent specific legislation. The common law ‘mature minor’ rule applies.

Right to Privacy

The Access to Information and Protection of Privacy Act (1994) outlines the rights and protections with respect to the collection, use, and disclosure of personal information, including personal health information. A request for disclosure of a third party’s personal information is “presumed to be an unreasonable invasion of a third party’s personal information where (a) the personal information relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation” (section 23(2)). “A disclosure of personal information is not an unreasonable invasion of a third party’s personal privacy where (a) the third party has, in writing, consented to or requested the disclosure; …” (section 23(4)(a)).

https://www.canlii.org/en/nu/laws/stat/snwt-nu-1994-c-20/latest/snwt-nu-1994-c-20.html

Ontario
Consent to Health Care

According to the Health Care Consent Act (1996): “4 (1) A person is capable with respect to a treatment, admission to a care facility or a personal assistance service if the person is able to understand the information that is relevant to making a decision about the treatment, admission or personal assistance service, as the case may be, and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision. 4(2) A person is presumed to be capable with respect to treatment, admission to a care facility and personal assistance services.”

There is no age of consent to health care. The common law ‘mature minor’ rule applies.

https://www.ontario.ca/laws/statute/96h02

Right to Privacy

According to the Personal Health Information Protection Act (2004), consent to the collection, use, and disclosure of personal health information is based in an individual’s capacity to consent (section 23(1)).

Section 23 clarifies that: “(2) if the individual is a child who is less than 16 years of age, a parent of the child or a children’s aid society or other person who is lawfully entitled to give or refuse consent in the place of the parent unless the information relates to i) treatment within the meaning of the Health Care Consent Act, 1996, about which the child has made a decision on his or her own in accordance with that Act, or ii( counselling in which the child has participated on his or her own under the Child and Family Services Act. (3) If the individual is a child who is less than 16 years of age and who is capable of consenting to the collection, use or disclosure of the information and if there is a person who is entitled to act as the substitute decision-maker of the child under paragraph 2 of subsection (1), a decision of the child to give, withhold or withdraw the consent or to provide the information prevails over a conflicting decision of that person.”

https://www.ontario.ca/laws/statute/04p03#BK32

Prince Edward Island
Consent to Health Care

According to the Consent to Treatment and Health Care Directives Act (2010): “3. (1) Every person is presumed to be capable of (a) giving or refusing consent to treatment; and (b) making a health care directive, until the contrary is demonstrated. (2) Authority to give consent includes authority to refuse consent or revoke a consent previously given. 4. Every patient who is capable of giving or refusing consent to treatment has the right (a) to give consent or to refuse consent on any grounds, including moral or religious grounds, even if the refusal will result in death; (b) to select a particular form of treatment from among those proposed by a health practitioner on any grounds, including moral or religious grounds; (c) to be assisted by an associate; and (d) to be involved to the greatest degree practicable in case planning and decision making.”

There is no age of consent to health care. The common law ‘mature minor’ rule applies.

https://www.princeedwardisland.ca/sites/default/files/legislation/c-17_2.pdf

Right to Privacy

Personal health information is protected under the Freedom of Information and Protection of Privacy Act (1988). The Act stipulates that: “71. (1) Any right or power conferred on an individual by this Act may be exercised by other persons if … (d) if the individual is a minor, by a guardian of the minor in circumstances where, in the opinion of the head of the public body concerned, the exercise of the right or power by the guardian would not constitute an unreasonable invasion of the personal privacy of the minor; (e) if the individual has appointed a proxy to make decisions on his or her behalf, by the proxy if the exercise of the right or power relates to the powers and duties of a proxy conferred by the Consent to Treatment and Health Care Directives Act; or …”

http://www.assembly.pe.ca/index.php3?number=1013950&lang=E

Quebec
Consent to Health Care

The age of consent to healthcare is 14 years. The parental authority must be informed, however, if the child’s health requires remaining in a health or social services establishment for over 12 hours. (See Civil Code of Quebec, section 14).

http://legisquebec.gouv.qc.ca/en/ShowDoc/cs/CCQ-1991

Right to Privacy

The age of consent to healthcare is 14 years. The parental authority must be informed, however, if the child’s health requires remaining in a health or social services establishment for over 12 hours. (See Civil Code of Quebec, section 14).

http://legisquebec.gouv.qc.ca/en/ShowDoc/cs/CCQ-1991

Saskatchewan
Consent to Health Care

There is no healthcare consent specific legislation. The common law ‘mature minor’ rule applies.

In addition, the Health Care Directives and Substitute Health Care Decision Makers Act (1997) state that: “3. Any person 16 years of age or more who has the capacity to make a health care decision may make a directive.”

https://www.canlii.org/en/sk/laws/stat/ss-1997-c-h-0.001/latest/ss-1997-c-h-0.001.html

Right to Privacy

According to the Health Information Protection Act, “an individual has the right to consent to the use or disclosure of personal health information about himself or herself” (section 5(1)) if capable (section 6(1)). In addition, it states that: “56 Any right or power conferred on an individual by this Act may be exercised … (c) by an individual who is less than 18 years of age in situations where, in the opinion of the trustee, the individual understands the nature of the right or power and the consequences of exercising the right or power; …”

http://www.qp.gov.sk.ca/documents/english/Statutes/Statutes/H0-021.pdf

Yukon
Consent to Health Care

According to the Care Consent Act (2003): “3 Every person who is capable of giving or refusing consent to care has (a) the right to give consent or to refuse consent on any grounds, including moral or religious grounds, even if the refusal will result in death; (b) the right to select a particular form of available care on any grounds, including moral or religious grounds; and (c) the right to revoke consent.”

There is no age of consent to healthcare. The common law ‘mature minor’ rule applies.

http://www.gov.yk.ca/legislation/acts/dmspa.pdf#page=88

Right to Privacy

The Health Information Privacy and Management Act (2013) presumes capacity to consent to the collection, use, or disclosure of personal health information regardless of age (section 40). The Act recognizes that capacity to consent may be variable over time and type of personal health information (section 45).

http://www.hss.gov.yk.ca/pdf/hipma-act.pdf