Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 25
Disposition versions

Full text
Substitute decision-maker and the exercise of rights by a personal representative
25(1)If an individual is incapable of consenting to the collection, use or disclosure of personal health information by a custodian, the following persons may, on the individual’s behalf and in the place of the individual, act as a substitute decision-maker for that individual by giving, withholding or withdrawing the consent:
(a) a person who has been authorized, in writing, by the individual to provide consent;
(b) a decision-making supporter or representative appointed for the individual under the Supported Decision-Making and Representation Act, if the giving, withholding or withdrawing the consent relates to the powers and duties of the decision-making supporter or representative, as the case may be;
(c) the individual’s attorney for personal care or attorney for property appointed under an enduring power of attorney, if the giving, withholding or withdrawing of consent relates to the powers and duties of the attorney;
(c.1) Repealed: 2019, c.30, s.33
(d) the individual’s spouse or common-law partner;
(e) the individual’s adult child;
(f) the individual’s parent or guardian;
(g) the individual’s adult sibling;
(h) the individual’s adult grandchild;
(i) the individual’s adult uncle or aunt;
(j) the individual’s adult nephew or niece;
(k) any other adult next of kin of the individual;
(l) the individual’s health care provider; and
(m) the Public Trustee.
25(2)A person referred to in subsection (1) may consent only if the person
(a) is capable of consenting to the collection, use or disclosure of personal health information by a custodian,
(b) is willing to assume the responsibility of making a decision on whether or not to consent, and
(c) is not prohibited by a court order or separation agreement from having access to the individual who is incapable of consenting.
25(3)A person referred to in a paragraph of subsection (1) may assume the responsibility of making a decision only if no other person described in an earlier paragraph meets the requirements of subsection (2).
25(4)If an individual is deceased, any right or power conferred on an individual by this Act may be exercised by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate.
2009, c.53, s.3; 2016, c.46, s.22; 2017, c.30, s.2; 2019, c.30, s.33; 2022, c.60, s.78
Substitute decision-maker and the exercise of rights by a personal representative
25(1)If an individual is incapable of consenting to the collection, use or disclosure of personal health information by a custodian, the following persons may, on the individual’s behalf and in the place of the individual, act as a substitute decision-maker for that individual by giving, withholding or withdrawing the consent:
(a) a person who has been authorized, in writing, by the individual to provide consent;
(b) a committee of the person appointed for the individual under the Infirm Persons Act, if the giving, withholding or withdrawing the consent relates to the powers and duties of the committee of the person;
(c) the individual’s attorney for personal care or attorney for property appointed under an enduring power of attorney, if the giving, withholding or withdrawing of consent relates to the powers and duties of the attorney;
(c.1) Repealed: 2019, c.30, s.33
(d) the individual’s spouse or common-law partner;
(e) the individual’s adult child;
(f) the individual’s parent or guardian;
(g) the individual’s adult sibling;
(h) the individual’s adult grandchild;
(i) the individual’s adult uncle or aunt;
(j) the individual’s adult nephew or niece;
(k) any other adult next of kin of the individual;
(l) the individual’s health care provider; and
(m) the Public Trustee.
25(2)A person referred to in subsection (1) may consent only if the person
(a) is capable of consenting to the collection, use or disclosure of personal health information by a custodian,
(b) is willing to assume the responsibility of making a decision on whether or not to consent, and
(c) is not prohibited by a court order or separation agreement from having access to the individual who is incapable of consenting.
25(3)A person referred to in a paragraph of subsection (1) may assume the responsibility of making a decision only if no other person described in an earlier paragraph meets the requirements of subsection (2).
25(4)If an individual is deceased, any right or power conferred on an individual by this Act may be exercised by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate.
2009, c.53, s.3; 2016, c.46, s.22; 2017, c.30, s.2; 2019, c.30, s.33
Substitute decision-maker and the exercise of rights by a personal representative
25(1)If an individual is incapable of consenting to the collection, use or disclosure of personal health information by a custodian, the following persons may, on the individual’s behalf and in the place of the individual, act as a substitute decision-maker for that individual by giving, withholding or withdrawing the consent:
(a) a person who has been authorized, in writing, by the individual to provide consent;
(b) a committee of the person appointed for the individual under the Infirm Persons Act, if the giving, withholding or withdrawing the consent relates to the powers and duties of the committee of the person;
(c) the individual’s attorney for personal care appointed in accordance with the Infirm Persons Act or the individual’s attorney appointed under a power of attorney respecting property, if the giving, withholding or withdrawing of consent relates to the powers and duties of the attorney;
(c.1) the individual’s proxy under the Advance Health Care Directives Act, if the giving, withholding or withdrawing of consent relates to the powers and duties of the proxy;
(d) the individual’s spouse or common-law partner;
(e) the individual’s adult child;
(f) the individual’s parent or guardian;
(g) the individual’s adult sibling;
(h) the individual’s adult grandchild;
(i) the individual’s adult uncle or aunt;
(j) the individual’s adult nephew or niece;
(k) any other adult next of kin of the individual;
(l) the individual’s health care provider; and
(m) the Public Trustee.
25(2)A person referred to in subsection (1) may consent only if the person
(a) is capable of consenting to the collection, use or disclosure of personal health information by a custodian,
(b) is willing to assume the responsibility of making a decision on whether or not to consent, and
(c) is not prohibited by a court order or separation agreement from having access to the individual who is incapable of consenting.
25(3)A person referred to in a paragraph of subsection (1) may assume the responsibility of making a decision only if no other person described in an earlier paragraph meets the requirements of subsection (2).
25(4)If an individual is deceased, any right or power conferred on an individual by this Act may be exercised by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate.
2009, c.53, s.3; 2016, c.46, s.22; 2017, c.30, s.2
Substitute decision-maker and the exercise of rights by a personal representative
25(1)If an individual is incapable of consenting to the collection, use or disclosure of personal health information by a custodian, the following persons may, on the individual’s behalf and in the place of the individual, act as a substitute decision-maker for that individual by giving, withholding or withdrawing the consent:
(a) a person who has been authorized, in writing, by the individual to provide consent;
(b) a committee of the person appointed for the individual under the Infirm Persons Act, if the giving, withholding or withdrawing the consent relates to the powers and duties of the committee of the person;
(c) the individual’s attorney for personal care appointed in accordance with the Infirm Persons Act or the individual’s attorney appointed under a power of attorney respecting property, if the giving, withholding or withdrawing of consent relates to the powers and duties of the attorney;
(c.1) the individual’s proxy under the Advance Health Care Directives Act, if the giving, withholding or withdrawing of consent relates to the powers and duties of the proxy;
(d) the individual’s spouse or common-law partner;
(e) the individual’s adult child;
(f) the individual’s parent or guardian;
(g) the individual’s adult sibling;
(h) the individual’s adult grandchild;
(i) the individual’s adult uncle or aunt;
(j) the individual’s adult nephew or niece;
(k) any other adult next of kin of the individual;
(l) the individual’s health care provider; and
(m) the Public Trustee.
25(2)A person referred to in subsection (1) may consent only if the person
(a) is capable of consenting to the collection, use or disclosure of personal health information by a custodian, and
(b) is willing to assume the responsibility of making a decision on whether or not to consent.
25(3)A person referred to in a paragraph of subsection (1) may assume the responsibility of making a decision only if no other person described in an earlier paragraph meets the requirements of subsection (2).
25(4)If an individual is deceased, any right or power conferred on an individual by this Act may be exercised by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate.
2009, c.53, s.3; 2016, c.46, s.22
Substitute decision-maker and the exercise of rights by a personal representative
25(1)If an individual is incapable of consenting to the collection, use or disclosure of personal health information by a custodian, the following persons may, on the individual’s behalf and in the place of the individual, act as a substitute decision-maker for that individual by giving, withholding or withdrawing the consent:
(a) a person who has been authorized, in writing, by the individual to provide consent;
(b) a committee of the person appointed for the individual under the Infirm Persons Act, if the giving, withholding or withdrawing the consent relates to the powers and duties of the committee of the person;
(c) the individual’s attorney for personal care appointed in accordance with the Infirm Persons Act or the individual’s attorney appointed under a power of attorney respecting property, if the giving, withholding or withdrawing of consent relates to the powers and duties of the attorney;
(d) the individual’s spouse or common-law partner;
(e) the individual’s adult child;
(f) the individual’s parent or guardian;
(g) the individual’s adult sibling;
(h) the individual’s adult grandchild;
(i) the individual’s adult uncle or aunt;
(j) the individual’s adult nephew or niece;
(k) any other adult next of kin of the individual;
(l) the individual’s health care provider; and
(m) the Public Trustee.
25(2)A person referred to in subsection (1) may consent only if the person
(a) is capable of consenting to the collection, use or disclosure of personal health information by a custodian, and
(b) is willing to assume the responsibility of making a decision on whether or not to consent.
25(3)A person referred to in a paragraph of subsection (1) may assume the responsibility of making a decision only if no other person described in an earlier paragraph meets the requirements of subsection (2).
25(4)If an individual is deceased, any right or power conferred on an individual by this Act may be exercised by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate.
2009, c.53, s.3
Substitute decision-maker and the exercise of rights by a personal representative
25(1)If an individual is incapable of consenting to the collection, use or disclosure of personal health information by a custodian, the following persons may, on the individual’s behalf and in the place of the individual, act as a substitute decision-maker for that individual by giving, withholding or withdrawing the consent:
(a) a person who has been authorized, in writing, by the individual to provide consent;
(b) a committee of the person appointed for the individual under the Infirm Persons Act, if the giving, withholding or withdrawing the consent relates to the powers and duties of the committee of the person;
(c) the individual’s attorney for personal care appointed in accordance with the Infirm Persons Act or the individual’s attorney appointed under a power of attorney respecting property, if the giving, withholding or withdrawing of consent relates to the powers and duties of the attorney;
(d) the individual’s spouse or common-law partner;
(e) the individual’s adult child;
(f) the individual’s parent or guardian;
(g) the individual’s adult sibling;
(h) the individual’s adult grandchild;
(i) the individual’s adult uncle or aunt;
(j) the individual’s adult nephew or niece;
(k) any other adult next of kin of the individual;
(l) the individual’s health care provider; and
(m) the Public Trustee.
25(2)A person referred to in subsection (1) may consent only if the person
(a) is capable of consenting to the collection, use or disclosure of personal health information by a custodian, and
(b) is willing to assume the responsibility of making a decision on whether or not to consent.
25(3)A person referred to in a paragraph of subsection (1) may assume the responsibility of making a decision only if no other person described in an earlier paragraph meets the requirements of subsection (2).
25(4)If an individual is deceased, any right or power conferred on an individual by this Act may be exercised by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate.
2009, c.53, s.3
Substitute decision-maker and the exercise of rights by a personal representative
25(1)If an individual is incapable of consenting to the collection, use or disclosure of personal health information by a custodian, the following persons may, on the individual’s behalf and in the place of the individual, act as a substitute decision-maker for that individual by giving, withholding or withdrawing the consent:
(a) a person who has been authorized, in writing, by the individual to provide consent;
(b) a committee of the person appointed for the individual under the Infirm Persons Act, if the giving, withholding or withdrawing the consent relates to the powers and duties of the committee of the person;
(c) the individual’s attorney for personal care appointed in accordance with the Infirm Persons Act or the individual’s attorney appointed under a power of attorney respecting property, if the giving, withholding or withdrawing of consent relates to the powers and duties of the attorney;
(d) the individual’s spouse or common-law partner;
(e) the individual’s adult child;
(f) the individual’s parent or guardian;
(g) the individual’s adult sibling;
(h) the individual’s adult grandchild;
(i) the individual’s adult uncle or aunt;
(j) the individual’s adult nephew or niece;
(k) any other adult next of kin of the individual;
(l) the individual’s health care provider; and
(m) the Public Trustee.
25(2)A person referred to in subsection (1) may consent only if the person
(a) is capable of consenting to the collection, use or disclosure of personal health information by a custodian,
(b) is willing to assume the responsibility of making a decision on whether or not to consent.
25(3)A person referred to in a paragraph of subsection (1) may assume the responsibility of making a decision only if no other person described in an earlier paragraph meets the requirements of subsection (2).
25(4)If an individual is deceased, any right or power conferred on an individual by this Act may be exercised by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate.