Informed consent in children and adolescents: PROVINCIAL LEGISLATION (part 4)

Manitoba: In The Health Care Directives and Consequential Amendments Act, the preamble states that Manitoba law recognizes that mentally capable individuals have the right to consent to medical treatment. Section 4 states that persons aged 16 years and over are presumed to have capacity to make health care decisions. Section 2 notes that a person is considered to have the capacity to make health care decisions if he or she is able to understand the information that is relevant to making a decision and able to appreciate the foreseeable consequences of a decision or lack of decision.
Saskatchewan: Under regulations issued pursuant to the Hospital Standards Act, written consent to surgical operations must by obtained by the parent or guardian where the patient is unmarried and is under 18 years of age.

British Columbia: Section 16 of the Infants Act was amended in 1993 to provide that a minor may consent to health care, and it is not necessary for the health care provider to obtain a consent from the minor’s parents or guardians. Consent will only be considered valid when the health care provider has explained to the minor and is satisfied that the minor understands the nature, consequences and the reasonably foreseeable benefits and risks of the treatment. The health care provider must also have made reasonable efforts to determine and must have concluded that the health care is in the minor’s best interests. Buy Yaz

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