Medical Consent Act: Consent to Medical Treatment
1 This Act may be cited as the Medical Consent Act. R.S., c. 279, s. 1.
The purpose of this Act is to permit a person, who is of the age of
majority and capable of giving consent to medical treatment or
directions respecting medical treatment, to authorize another person of
the age of majority to give that consent in the future at any time when
the person who gave the authorization is no longer capable of giving
such consent. R.S., c. 279, s. 2.
(1) For the purpose of this Act, a person of the age of majority may
authorize another person of the age of majority to give consent or
directions respecting medical treatment of the person giving the
To be valid, an authorization given pursuant to this Act shall be in
writing, signed by the person giving it and witnessed by a person who
is not the person receiving it or the spouse of the person receiving it. R.S., c. 279, s. 3.
A person to whom an authorization is given pursuant to this Act is and
is deemed to be a guardian for the person giving the authorization for
the purpose of giving consent to medical treatment and for that purpose
is a guardian pursuant to the Hospitals Act or the Involuntary
Psychiatric Treatment Act. R.S., c. 279, s. 4; 2005, c. 42, s. 87.
5 An authorization given pursuant to this Act terminates where, subsequent thereto,
(a) it is revoked by the person giving it;
a court appoints a guardian who has authority to give consent or
directions respecting the medical treatment of the same person; or
(c) a judge of the Trial Division of the Supreme Court makes an order pursuant to this Act revoking the authorization. R.S., c. 279, s. 5.
Where a judge of the Supreme Court of Nova Scotia is satisfied that a
person who has been given an authority pursuant to this Act is
incapable of giving a consent pursuant to that authority, the judge
may, on application,
(a) revoke the authority;
(b) substitute another person for the person named to give consent or directions;
(c) grant such relief as the judge considers appropriate;
(d) make such provision respecting costs as the judge considers appropriate. R.S., c. 279, s. 6; R.S., c. 240, s. 10; 1992, c. 16, s. 39.
7 (1) The Governor in Council may make regulations
prescribing a form that may be used to confer an authorization to give
consent or directions respecting medical treatment pursuant to this Act;
(b) defining any word or expression used and not defined in this Act;
(c) respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Act.
The exercise by the Governor in Council of the authority contained in
subsection (1) shall be regulations within the meaning of the
Regulations Act. R.S., c. 279, s. 7.