Acts and Regulations

M-10 - Mental Health Act

Full text
Substitute consent
8.6(1)For the purposes of sections 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act, the Minister of Social Development;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.01) the patient’s decision-making supporter or representative under the Supported Decision-Making and Representation Act;
(b.1) the patient’s attorney for personal care under the Enduring Powers of Attorney Act;
(b.2) Repealed: 2019, c.30, s.31
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act, the Minister of Social Development;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.01) the patient’s decision-making supporter or representative under the Supported Decision-Making and Representation Act;
(b.1) the patient’s attorney for personal care under the Enduring Powers of Attorney Act;
(b.2) Repealed: 2019, c.30, s.31
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28; 2014, c.19, s.7; 2014, c.19, s.26; 2016, c.46, s.20; 2017, c.4, s.1; 2017, c.29, s.6; 2019, c.30, s.31; 2022, c.60, s.76; 2023, c.36, s.23
Substitute consent
8.6(1)For the purposes of sections 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act, the Minister of Social Development;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Enduring Powers of Attorney Act;
(b.2) Repealed: 2019, c.30, s.31
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act, the Minister of Social Development;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Enduring Powers of Attorney Act;
(b.2) Repealed: 2019, c.30, s.31
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28; 2014, c.19, s.7; 2014, c.19, s.26; 2016, c.46, s.20; 2017, c.4, s.1; 2017, c.29, s.6; 2019, c.30, s.31; 2023, c.36, s.23
Substitute consent
8.6(1)For the purposes of sections 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Enduring Powers of Attorney Act;
(b.2) Repealed: 2019, c.30, s.31
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Enduring Powers of Attorney Act;
(b.2) Repealed: 2019, c.30, s.31
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28; 2014, c.19, s.7; 2014, c.19, s.26; 2016, c.46, s.20; 2017, c.4, s.1; 2017, c.29, s.6; 2019, c.30, s.31
Substitute consent
8.6(1)For the purposes of sections 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(b.2) the patient’s proxy under the Advance Health Care Directives Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(b.2) the patient’s proxy under the Advance Health Care Directives Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28; 2014, c.19, s.7; 2014, c.19, s.26; 2016, c.46, s.20; 2017, c.4, s.1; 2017, c.29, s.6
Substitute consent
8.6(1)For the purposes of sections 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(b.2) the patient’s proxy under the Advance Health Care Directives Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(b.2) the patient’s proxy under the Advance Health Care Directives Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28; 2014, c.19, s.7; 2014, c.19, s.26; 2016, c.46, s.20; 2017, c.29, s.6
Substitute consent
8.6(1)For the purposes of sections 17, 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(b.2) the patient’s proxy under the Advance Health Care Directives Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(b.2) the patient’s proxy under the Advance Health Care Directives Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28; 2014, c.19, s.7; 2014, c.19, s.26; 2016, c.46, s.20
Substitute consent
8.6(1)For the purposes of sections 17, 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28; 2014, c.19, s.7; 2014, c.19, s.26
Substitute consent
8.6(1)For the purposes of sections 17, 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28; 2014, c.19, s.7; 2014, c.19, s.26
Substitute consent
8.6(1)For the purposes of sections 17, 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate;
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application in the prescribed form with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28
Substitute consent
8.6(1)For the purposes of sections 17, 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) a psychiatric patient advocate.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application in the prescribed form with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3