This Act applies to Nova Scotia. A sample is provided below to give an example of what the Act contains. The URL is provided so you can view the entire Act if you wish.

Copyright 2007: Queen’s Printer,

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http://www.gov.ns.ca/legislature/legc/statutes/medcons.htm


Medical Consent Act: Consent to Medical Treatment

Short title

1 This Act may be cited as the Medical Consent Act. R.S., c. 279, s. 1.

Purpose

2 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.

Authorization to give consent

3 (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 authorization.

(2) 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.

Deemed guardianship

4 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.

Termination of authorization

5 An authorization given pursuant to this Act terminates where, subsequent thereto,

(a) it is revoked by the person giving it;

(b) 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.

Powers of judge of Supreme Court

6 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.

Regulations

7 (1) The Governor in Council may make regulations

(a) 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.

(2) 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.