Acts and Regulations

M-6.1 - Medical Consent of Minors Act

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Document at 24 February 2014
CHAPTER M-6.1
Medical Consent of Minors Act
Assented to June 24, 1976
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definition
1In this Act “medical treatment” includes(traitement médical)
(a) surgical and dental treatment,
(b) any procedure undertaken for the purpose of diagnosis,
(c) any procedure undertaken for the purpose of preventing any disease or ailment, and
(d) any procedure that is ancillary to any treatment as it applies to that treatment.
Age of consent
2The law respecting consent to medical treatment of persons who have attained the age of majority applies, in all respects, to minors who have attained the age of sixteen years in the same manner as if they had attained the age of majority.
Consent of persons under age of sixteen
3(1)The consent to medical treatment of a minor who has not attained the age of sixteen years is as effective as it would be if he had attained the age of majority where, in the opinion of a legally qualified medical practitioner, dentist, nurse practitioner or nurse attending the minor,
(a) the minor is capable of understanding the nature and consequences of a medical treatment, and
(b) the medical treatment and the procedure to be used is in the best interests of the minor and his continuing health and well-being.
When consent not required
3(2)The consent of a minor who has not attained the age of sixteen years or of his parent or guardian, if they are unavailable, is not required in relation to medical treatment performed with respect to that minor where
(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 his consent to the medical treatment, and
(b) a legally qualified medical practitioner, dentist, nurse practitioner or nurse 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
Order of The Court of Queen’s Bench of New Brunswick dispensing with consent
4(1)Where the consent of a parent or guardian to medical treatment of a minor is required by law and is refused or otherwise not obtainable, any person may apply to a judge of The Court of Queen’s Bench of New Brunswick for an order dispensing with the consent.
4(2)The Court shall hear the application in a summary manner and may proceed ex parte or otherwise and where it is satisfied that the withholding of the medical treatment would endanger the life or seriously impair the health of the minor, may by order dispense with the consent of the parent or guardian to such medical treatment as is specified in the order.
1979, c.41, s.78
Bar to action for trespass
5Where, by or under this Act, the consent of the parent or guardian or a minor to his medical treatment is not required or is dispensed with, the medical treatment does not for the reason that the consent of the parent or guardian was not obtained, constitute a trespass to the person of the minor.
N.B. This Act is consolidated to December 31, 2002.