Consent of persons under age of sixteen, when consent not required
3(1)The consent to medical treatment of a minor who has not attained 16 years of age is as effective as it would be if the minor had attained the age of majority if, in the opinion of a legally qualified medical practitioner, dentist, nurse practitioner, nurse, licensed practical nurse or midwife attending the minor,
(a)
the minor is capable of understanding the nature and consequences of the medical treatment, and
(b)
the medical treatment and the procedure to be used is in the best interests of the minor and the minor’s continuing health and well-being.
3(2)The consent of a minor who has not attained 16 years of age or of the minor’s parent or guardian, if they are unavailable, is not required in relation to medical treatment performed with respect to that minor if
(a)
the minor is incapable of understanding the nature and consequences of the medical treatment, or being capable of understanding the nature and consequences of the medical treatment, is incapable of communicating their consent to the medical treatment, and
(b)
a legally qualified medical practitioner, dentist, nurse practitioner, nurse, licensed practical nurse or midwife attending the minor is of the opinion that the medical treatment is necessary in an emergency to meet imminent risk to the minor’s life or health.
2000, c.14, s.1; 2002, c.23, s.5.1; 2011, c.26, s.2; 2021, c.28, s.1