Informed consent in children and adolescents: PROVINCIAL LEGISLATION (part 2)

Quebec: Quebec does not rely on common law as do the other provinces. Instead, most of Quebec’s civil law is codified, the basic principles of which can be found in the Civil Codes of Quebec. Section 1 of the Civil Code refers in part to minors and consent to care.
Article 14 states that consent to treatment for a minor must be given by the person having parental authority or by a tutor (guardian). However, a minor aged 14 years or over may give his or her consent to such care. However, if that minor must remain in a health establishment for more than 12 h, the parent or guardian must be informed of that fact.

Article 16 states that court authorization is necessary to cause a minor aged 14 years or over to undergo care he or she refuses, except in cases of an emergency if the minor’s life is endangered or integrity threatened, in which case parental or the tutor’s consent is sufficient.

Article 17 provides that a minor aged 14 years or over may give consent to care not required by the state of his or her health, but parental or the tutor’s consent is required if the care entails a serious risk for the minor’s health and may cause him or her “grave and permanent effects”. ovral g

Article 18 states that where a person is under 14 years of age or is incapable of giving consent, consent to care not required by the person’s state of health is given by the parent or tutor; however, court authority is necessary if the care “entails a serious risk for health or if it might cause grave and permanent effects

 

This entry was posted in Children and adolescents and tagged Capacity to consent, Common law, Informed consent, Minors.