23(1)An individual is capable of consenting to the collection, use or disclosure of personal health information if the individual is able
(a)
to understand the information that is relevant to deciding whether to consent to the collection, use or disclosure, as the case may be, and
(b)
to appreciate the reasonably foreseeable consequences of giving, not giving, withholding or withdrawing the consent.
23(2)An individual may be capable of consenting to the collection, use or disclosure of personal health information at one time, but incapable of consenting at another time.
23(3)An individual is presumed to be capable of consenting to the collection, use or disclosure of personal health information.
23(4)A custodian may rely on the presumption under subsection (3), unless the custodian has reasonable grounds to believe that the individual is incapable of consenting to the collection, use or disclosure of personal health information.
23(1)An individual is capable of consenting to the collection, use or disclosure of personal health information if the individual is able
(a)
to understand the information that is relevant to deciding whether to consent to the collection, use or disclosure, as the case may be, and
(b)
to appreciate the reasonably foreseeable consequences of giving, not giving, withholding or withdrawing the consent.
23(2)An individual may be capable of consenting to the collection, use or disclosure of personal health information at one time, but incapable of consenting at another time.
23(3)An individual is presumed to be capable of consenting to the collection, use or disclosure of personal health information.
23(4)A custodian may rely on the presumption under subsection (3), unless the custodian has reasonable grounds to believe that the individual is incapable of consenting to the collection, use or disclosure of personal health information.