Web links: provincial and territorial legislation and consumer guides to advance care planning 63
Alberta:
In 2000 Alberta passed legislation the Personal Directives Act,( and Regulation). The Government of Alberta Office of the Public Guardian has also published a consumer guide titled Understanding Personal Directives
British Columbia:
In 1996 British Columbia enacted the Representation Agreement Act, and the Supplement to Representation Agreement Act. In 1996 British Columbia also passed the Health Care (Consent) and Care Facility (Admission) Act, followed by the Health Care Consent Regulation, in 2000 and the Representation Agreement Regulation in 2001.
The British Columbia Ministry of Health and Ministry Responsible for Seniors published a consumer guide titled A Primer to British Columbia’s New Health Care Consent Legislation in 2000, while the Public Guardian and Trustee of British Columbia published B.C’s Adult Guardianship Laws: Supporting Self-Determination for Adults in British Columbia in 2005. Also see the Representation Agreement Resource Centre for more information on this legislation.
Manitoba:
Manitoba’s The Health Care Directives Act, was enacted in 1992. The Government of Manitoba Health department provides information and a downloadable form on Health care directives in Manitoba. The Manitoba Law Reform Commission also published a document in 2004 titled Substitute Consent to Health Care (PDF version) to provide information to consumers.
New Brunswick:
In 2000 New Brunswick enacted the Infirm Persons Act, which was amended in 2000 (sections 40-44). PLEIS-NB provides information for consumers on this legislation on their website.
Newfoundland and Labrador:
In 1995 Newfoundland and Labrador passed An Act Respecting Advance Health Care Directives and the Appointment of Substitute Health Care Decision Makers, The Public Legal Information Association of Newfoundland and Labrador provides Consumer information on this legislation on their website.
Northwest Territories:
In 2005 the Northwest Territories passed the Personal Directives Act. Consumer information can be found on the Health and Social Services department of NWT website.
Nova Scotia:
In Nova Scotia the Hospitals Act, was enacted in 1989 and the Medical Consent Act, was enacted in 1999. The College of Registered Nurses of Nova Scotia and the College of Physicians and Medical Practitioners of Nova Scotia published a document titled Guidelines for Delegated Medical Functions & Medical Directives to provide registered nurses, physicians and healthcare agencies with a common base of information to develop and implement delegated medical functions and medical directives.
Nunavut:
The territory of Nunavut enacted the Powers of Attorney Act in 2005. There is no specific legislation pertaining specifically to proxy decision making in Nunavut.
Ontario:
Ontario passed the Substitute Decisions Act, and Regulations in 1992 as well as the Health Care Consent Act, and Regulations in 1996. The Government of Ontario provides A Guide to Advance Care Planning for consumers. In addition, the Ontario Ministry of the Attorney General also provides a Power of Attorney Kit on their website.
Prince Edward Island:
Prince Edward Island enacted the Consent to Treatment and Health Care Directives Act, in 1996 and a revised Act in 2005. The Community Legal Information Association of PEI provides information to consumers in a pamphlet titled Planning Ahead: What Seniors Need to Know: Health Care Decisions.
Quebec:
Relevant legislation in Quebec can be found in the Civil Code of Quebec, Articles 10-25; 2166-2185 as well as An Act Respecting Health Services and Social Services (2003) R.S.Q.D-4.2. The Government of Quebec, Curateur public du Québec, has also published a consumer guide to this legislation titled My Mandate in Case of Incapacity.
Saskatchewan:
The Government of Saskatchewan enacted The Health Care Directives and Substitute Health Care Decision Makers Act in 1997. Consumer guides are provided by the Government of Saskatchewan Justice Department and the Public Legal Education Association of Saskatchewan.
Yukon:
The Yukon Territory enacted the Care Consent Act and Regulations in 2003. A number of consumer guides for this legislation are provided by the Government of Yukon Health and Social Services including Planning for Your Future Healthcare Choices: Advance Directives in the Yukon; Making a Health Care Decision for a Loved One: The Role of a Substitute Decision-Maker as well as Notes for Completing An Advance Directive (including forms).
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