Section 1 definition of "health care" BEFORE amended by 2002-46-1, effective October 1, 2003 (BC Reg 294/2003).
"health care" means anything that is done for a therapeutic, preventive, palliative, cosmetic or other purpose related to health, and includes
(a) a course of health care, for example, a series of immunizations or dialysis treatments or a course of chemotherapy, and
(b) participation in a medical research program approved by an ethics committee designated by regulation;
Section 1 definition of "board" BEFORE repealed by 2003-96-28, effective March 12, 2004 (BC Reg 90/2004).
"board" means a Health Care and Care Facility Review Board established under section 27 (1);
Section 1 definition of "care facility", paragraph (a) BEFORE amended by 2002-75-43(a), effective May 14, 2004 (BC Reg 217/2004).
(a) a facility licensed under the Community Care Facility Act and regulated under the Adult Care Regulations, B.C. Reg. 536/80,
Section 1 definitions of "designated agency", "guardian" and "substitute decision maker" BEFORE repealed by 2007-34-19(a), effective September 1, 2011 (BC Reg 14/2011).
"designated agency" means a public body, organization or person designated as an agency under section 61 (a) of the Adult Guardianship Act for the purposes of Part 2 of that Act;
"guardian" means a person appointed as
(a) a guardian under the Adult Guardianship Act, or
(b) a committee of a person who is declared under the Patients Property Act to be
(i) incapable of managing himself or herself, or
(ii) incapable of managing himself or herself and his or her affairs;
"substitute decision maker" means a person appointed under the Adult Guardianship Act as a substitute decision maker.
Section 1 definitions of "advance directive", "close friend", "near relative" and "personal guardian" were added by 2007-34-19(b), effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-19 was amended by 2009-22-17, effective October 29, 2009 (Royal Assent).
Section 1 definition of "care facility", paragraph (a) BEFORE amended by 236/2011 effective December 14, 2011.
(a) a facility licensed under the Community Care and Assisted Living Act and regulated under the Adult Care Regulations, B.C. Reg. 536/80,
Section 1 definition of "spouse", paragraph (b) BEFORE amended by 2011-25-362, effective March 18, 2013 (BC Reg 131/2012).
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;
Section 1 definition of "health care provider" BEFORE amended by 2013-13-20, effective April 1, 2013 (BC Reg 145-2013).
"health care provider" means a person who, under a prescribed Act, is licensed, certified or registered to provide health care;
Section 1 definition of "care facility" BEFORE amended by 2007-19-6(a) and (b)(part), effective November 4, 2019 (BC Reg 114/2019).
"care facility" means
(a) a facility licensed under the Community Care and Assisted Living Act and regulated under the Residential Care Regulation, B.C. Reg. 96/2009,
(b) a private hospital licensed under Part 2 of the Hospital Act,
(c) an institution designated as a hospital under the Hospital Act for the treatment of persons referred to in paragraph (b) or (c) of the definition of "hospital" in that Act, or
(d) any other facility, or class of facility, designated by regulation as a care facility;
Section 1 definition of "facility care proposal" BEFORE repealed by 2007-19-6(a), effective November 4, 2019 (BC Reg 114/2019).
"facility care proposal" means a proposal described in section 20 (1);
Section 1 definitions of "manager" and "person in care" were added by 2007-19-6(b)(part), effective November 4, 2019 (BC Reg 114/2019).
Section 1 definitions of "near relative" and "personal guardian" BEFORE amended by 2023-10-290, effective March 30, 2023 (Royal Assent).
"near relative", in respect of an adult who needs health care, means an adult child, a parent, a grandparent, an adult brother or sister, any other adult relation by birth or adoption, or a spouse of any of these;
"personal guardian" means a committee of a person who is declared under the Patients Property Act to be
(a) incapable of managing himself or herself, or
(b) incapable of managing himself or herself and his or her affairs;
Section 2 BEFORE re-enacted by 2001-2-15, effective March 29, 2001 (Royal Assent).
2 This Act does not apply to
(a) the admission of anyone to a Provincial mental health facility or psychiatric unit under section 22, 27, 28, 29 or 30 of the Mental Health Act,
(b) the provision of professional services, care or treatment to anyone detained in a Provincial mental health facility or psychiatric unit under section 22, 27, 28, 29 or 30 of the Mental Health Act, or
(c) the provision of professional services, care or treatment under the Mental Health Act to anyone on extended leave from a Provincial mental health facility or psychiatric unit under section 37 or 39 of that Act.
Section 2 (b) and (c) BEFORE amended by 2002-46-2, effective October 1, 2003 (BC Reg 294/2003).
(b) the provision of professional services, care or treatment to a person under the Mental Health Act, if the person is detained in a designated facility under section 22, 28, 29, 30 or 42 of that Act, and
(c) the provision of professional services, care or treatment to a person under the Mental Health Act, if the person is released on leave or transferred to an approved home under section 37 or 38 of that Act.
Section 3 (1) (b) BEFORE amended by 2007-19-7, effective November 4, 2019 (BC Reg 114/2019).
(b) deciding to apply for admission to a care facility, to accept a facility care proposal, or to move out of a care facility.
Section 3 (2) BEFORE amended by 2023-10-291, effective March 30, 2023 (Royal Assent).
(2) An adult's way of communicating with others is not, by itself, grounds for deciding that he or she is incapable of understanding anything referred to in subsection (1).
Section 5 (2) BEFORE amended by 2023-10-292, effective March 30, 2023 (Royal Assent).
(2) A health care provider must not seek a decision about whether to give or refuse substitute consent to health care under section 11, 14 or 15 unless he or she has made every reasonable effort to obtain a decision from the adult.
Section 7 BEFORE amended by 2023-10-291, effective March 30, 2023 (Royal Assent).
How incapability is determined
7 When deciding whether an adult is incapable of giving, refusing or revoking consent to health care, a health care provider must base the decision on whether or not the adult demonstrates that he or she understands
(a) the information given by the health care provider under section 6 (e), and
(b) that the information applies to the situation of the adult for whom the health care is proposed.
Section 8 (b) BEFORE amended by 2007-34-20, effective September 1, 2011 (BC Reg 14/2011).
(b) may allow the adult's spouse, or any relatives or friends, who accompany the adult and offer their assistance, to help the adult to understand or to demonstrate an understanding of the matters mentioned in section 7.
Section 9 (1.1) and (1.2) were added by 2007-34-21(a), effective September 1, 2011 (BC Reg 14/2011).
Section 9(3) (part) BEFORE amended by 2007-34-21(b), effective September 1, 2011 (BC Reg 14/2011).
(3) However, a health care provider may provide additional or alternative health care to an adult if
Section 11 (b) BEFORE amended by 2007-34-22, effective September 1, 2011 (BC Reg 14/2011).
(b) the adult's substitute decision maker, guardian or representative
Section 12 (1) (c) BEFORE amended by 2007-34-22, effective September 1, 2011 (BC Reg 14/2011).
(c) the adult does not have a substitute decision maker, guardian or representative who is authorized to consent to the health care, is capable of doing so and is available, and
Section 12 (2) BEFORE amended by 2007-34-22, effective September 1, 2011 (BC Reg 14/2011).
(2) For the purpose of this section, a substitute decision maker, guardian or representative is available if it is possible for the health care provider, within a time that is reasonable in the circumstances,
(a) to determine whether the adult has a substitute decision maker, guardian or representative, and
(b) to communicate with the adult's substitute decision maker, guardian or representative.
Section 12.2 BEFORE amended by 2007-34-22, effective September 1, 2011 (BC Reg 14/2011).
Emergency health care despite refusal
12.2 If substitute consent to health care is refused on an incapable person's behalf by their substitute decision maker, guardian or representative, the health care may be provided despite the refusal if, in the opinion of the health care provider proposing the health care,
(a) section 12 (1) (a) applies, and
(b) the substitute decision maker, guardian or representative did not comply with their duties under this or any other Act.
Section 13 (b) BEFORE amended by 2007-34-24, effective September 1, 2011 (BC Reg 14/2011).
(b) in the absence of any indication by the adult, the adult's spouse, relative or friend indicates that he or she wants the adult to be provided with health care.
Section 13 (a) and (b) BEFORE amended by 2023-10-293, effective March 30, 2023 (Royal Assent).
(a) the adult indicates that he or she wants to be provided with health care, or
(b) in the absence of any indication by the adult, the adult's spouse, near relative or close friend indicates that he or she wants the adult to be provided with health care.
Section 14 (a) BEFORE amended by 2002-46-4(a), effective October 1, 2003 (BC Reg 294/2003).
(a) after consulting with the adult's spouse, relative or friend or with any other person who has relevant information, the health care provider decides that the adult
(i) needs the major health care, and
(ii) is incapable of giving or refusing consent to it,
Section 14 (4) BEFORE amended by 2002-46-4(b), effective October 1, 2003 (BC Reg 294/2003).
(4) On choosing a person under section 16, the health care provider must
(a) inform the adult and any spouse, relative or friend of the adult who accompanies the adult of
(i) the decision or assessment that the adult is incapable,
(ii) the name of the person chosen under section 16, and
(iii) the right to request a review, under section 28, within 72 hours, and
(b) give the adult a written notice in the prescribed form containing the information listed in paragraph (a).
Section 14 (1) (d) BEFORE amended by 2003-96-29(a), effective March 12, 2004 (BC Reg 90/2004).
(d) the health care provider complies with subsections (4) and (7).
Section 14 (4) BEFORE amended by 2003-96-29(b), effective March 12, 2004 (BC Reg 90/2004).
(4) If a person chosen under section 16 gives or refuses substitute consent, the health care provider must
(a) inform the adult and any spouse, relative or friend of the adult who accompanies the adult of
(i) the decision or assessment that the adult is incapable,
(ii) the name of the person chosen under section 16,
(iii) the decision to give or refuse substitute consent, and
(iv) the right to request a review, under section 28, within 72 hours, and
(b) give the adult a written notice in the prescribed form containing the information listed in paragraph (a).
Section 14 (7) and (8) BEFORE repealed by 2003-96-29(c), effective March 12, 2004 (BC Reg 90/2004).
(7) The health care provider must not provide the major health care to the adult for whom it is proposed until
(a) the review period passes without a review being requested under section 28, or
(b) a final decision is made on a review requested under section 28.
(8) Subsection (7) does not prevent the health care provider from providing health care under section 12.
Section 14 (1) (b) BEFORE amended by 2007-34-22, effective September 1, 2011 (BC Reg 14/2011).
(b) the adult does not have a substitute decision maker, guardian or representative who is authorized to consent to the major health care, is capable of doing so and is available,
Section 14 (1) (a) BEFORE amended by 2007-34-24, effective September 1, 2011 (BC Reg 14/2011).
(a) after consulting, or making a reasonable effort to consult, with any spouse, relative or friend of the adult who is reasonably available or with any other person who has relevant information, the health care provider decides that the adult
Section 14 (4) BEFORE amended by 2007-34-24, effective September 1, 2011 (BC Reg 14/2011).
(4) If a person chosen under section 16 gives or refuses substitute consent, the health care provider must inform the adult and any spouse, relative or friend of the adult who accompanies the adult of
Section 15 (b) BEFORE amended by 2007-34-22, effective September 1, 2011 (BC Reg 14/2011).
(b) the adult does not have a substitute decision maker, guardian or representative or the adult's substitute decision maker, guardian or representative is incapable of giving or refusing consent, and
Section 16 (1) (d.1), (d.2), (f) and (g) were added by 2007-34-25, effective September 1, 2011 (BC Reg 14/2011).
Section 17 (1) to (5) BEFORE amended by 2002-46-5, effective October 1, 2003 (BC Reg 294/2003).
(1) A person chosen under section 16 has, for a period of 21 days from the date of being chosen, the authority to give or refuse substitute consent to health care for the adult.
(2) Subsection (1) applies even if the health care is for a continuous period that extends beyond the 21 day period so long as the health care begins before that period ends.
(3) and (4) [Not in force — see Supplement]
(5) On being told that a person chosen under section 16 wants to be relieved of the responsibility of giving or refusing consent, the health care provider may choose another person in accordance with that section to assume that responsibility for the remainder of the 21 day period.
Section 17 (2.1), (2.2), (2.3), (3) and (4) were added by 2002-46-5, effective October 1, 2003 (BC Reg 294/2003).
Section 17 (6) to (8) BEFORE amended by 2001-2-16, effective September 1, 2001 (BC Reg 99/2001).
(6) A person chosen under section 16 has the right to all the information necessary to make an informed decision under subsection (1) of this section.
(7) Anyone who has custody or control of the information referred to in subsection (6) must disclose that information to the person chosen under section 16.
(8) Subsections (6) and (7) override
(a) any claim of confidentiality or privilege other than a claim founded on solicitor client privilege, and
(b) any restriction, in an enactment or the common law, about the disclosure or confidentiality of information.
Section 17 (3), (6) and (7) BEFORE amended by 2007-34-26, effective September 1, 2011 (BC Reg 14/2011).
(3) While the authority to give or refuse substitute consent to health care for the adult is valid, a person chosen under section 16 may apply to the court under the Adult Guardianship Act for an order appointing a substitute decision maker or guardian for the adult.
(6) A person chosen under section 16 has the right to all information and documents to which the adult is entitled and that are necessary for the substitute decision maker to make an informed decision under subsection (1) of this section.
(7) A person who has custody or control of any information or document referred to in subsection (6) must, at the substitute decision maker's request, disclose that information to the substitute decision maker or produce that document for inspection and copying by the substitute decision maker.
Section 18 (1) BEFORE amended by 2007-34-27, effective September 1, 2011 (BC Reg 14/2011).
(1) A person chosen under section 16 does not have authority to give substitute consent to any type of health care prescribed in the regulations.
Section 18 (2) (b) BEFORE amended by 2007-34-27, effective September 1, 2011 (BC Reg 14/2011).
(b) the person has made the decision in accordance with section 19 (1) and (2) (a).
Section 19 (1) (a) (ii) BEFORE amended by 2007-34-28, effective September 1, 2011 (BC Reg 14/2011).
(ii) if the person chosen under section 16 is a person authorized by the Public Guardian and Trustee, with any friend or relative of the adult who asks to assist, and
Section 19 (2) BEFORE amended by 2007-34-28, effective September 1, 2011 (BC Reg 14/2011).
(2) If the adult's instructions or wishes are not known, the person chosen under section 16 must decide to give or refuse consent
(a) on the basis of the adult's known beliefs and values, or
(b) in the adult's best interests, if his or her beliefs and values are not known.
Section 19 (3) (a) BEFORE amended by 2007-34-28, effective September 1, 2011 (BC Reg 14/2011).
(a) the adult's current wishes,
Section 19 (1) (b) BEFORE amended by 2023-10-291, effective March 30, 2023 (Royal Assent).
(b) comply with any instructions or wishes the adult expressed while he or she was capable.
Section 19.4 (1) BEFORE renumbered to 19.4 by 236/2011 effective December 14, 2011.
19.4 (1) An adult who makes an advance directive must
Part 2.1, sections 19.1 to 19.9 and 19.91 were enacted by 2007-34-29, effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-29 was amended by 2011-5-3, 4, effective June 17, 2011 (BC Reg 111/2011).
Part 3, sections 20 to 24, 25 (part) and 26, was enacted by 2006-33-13(part) and re-enacted by 2007-19-8(part), effective November 4, 2019 (BC Reg 114/2019).
Section 26 (2) (b) BEFORE amended by 2023-10-291, effective March 30, 2023 (Royal Assent).
(b) whether or not the adult demonstrates that he or she understands the information given by the manager under section 21 (1) (d).
Part 4, sections 27 to 32 BEFORE repealed by 2003-96-30, effective March 12, 2004 (BC Reg 90/2004).
Health Care and Care Facility Review Board
27 (1) The minister must establish a Health Care and Care Facility Review Board, appoint its members and designate a member of the board as its chair.
(2) The chair of the board may establish one or more panels of the board and designate the chair of each panel established and a panel, if established, must include at least
(a) one health care provider,
(b) one member of the Law Society of British Columbia, and
(c) one person who is not a health care provider nor a member of the Law Society of British Columbia.
(3) If a panel is established
(a) the chair of the board may refer matters that are before the board to a panel or a matter that is before a panel to the board or another panel,
(b) the panel has all the jurisdiction and may exercise and perform the powers and duties of the board with respect to matters that come before the panel,
(c) the board or 2 or more panels may proceed with separate matters at the same time, and
(d) a decision or order of the panel is a decision or order of the board.
(4) The members of the board are entitled to be reimbursed by the minister for reasonable travelling and other out of pocket expenses necessarily incurred in discharging their duties, and may be paid remuneration set by the Lieutenant Governor in Council.
Requests for review
28 (1) A request may be made for a review of
(a) and (b) [Not in force — see Supplement]
(c) a decision to give, refuse or revoke substitute consent to health care,
(d) to (g) [Not in force — see Supplement]
(2) Any of the following may request a review:
(a) an adult to whom health care is being provided or for whom health care is proposed;
(b) [Not in force — see Supplement]
(c) a spouse, relative or friend of anyone referred to in paragraph (a) or (b);
(d) the substitute decision maker, guardian or representative of anyone referred to in paragraph (a) or (b);
(d.1) a health care provider caring for the adult referred to in paragraph (a);
(e) a prescribed advocacy organization in prescribed circumstances;
(f) the Public Guardian and Trustee.
(3) [Not in force — see Supplement]
(4) [Not in force. Repealed 1999-25-15.]
(5) The request must be delivered to the board within 72 hours after the decision is made.
(6) The board must give the parties written notice of the request for a review and of the time, date and place of the hearing.
(7) The parties to a review are
(a) the person who requested the review,
(b) the adult
(i) to whom health care is provided or for whom health care is proposed, or
(ii) [Not in force — see Supplement] , and
(c) the person whose decision is being reviewed.
Hearings
29 (1) The board must hold a hearing to review the decision referred to in the request, unless the request is withdrawn before the day set for the hearing.
(2) The hearing must be held within 7 days after the board receives the request.
(3) A party is entitled to be represented by counsel or agent at the hearing.
(4) The board may inform a prescribed advocacy organization if the board is of the opinion that any of the following need assistance at the hearing:
(a) an adult to whom health care is provided or for whom health care is proposed;
(b) [Not in force — see Supplement]
(5) Before the hearing, a party must be given an opportunity to examine and copy those parts of any document or electronic recording that another party intends to introduce as evidence at the hearing.
(6) A party is entitled to present any evidence that the board considers relevant and to question witnesses.
(7) The standard of proof at the hearing is proof on a balance of probabilities.
(8) The board must fully inform itself of the facts at the hearing.
(9) For the purpose of subsection (8), the board may summon witnesses to the hearing, in addition to the witnesses called by the parties, and has the powers of a commissioner under sections 15 and 16 of the Inquiry Act.
Decisions or orders of the board
30 (1) After holding a hearing, the board may confirm the decision under review or substitute its own decision.
(2) When substituting its own decision, the board must comply with any provision of section 19 or 22 that is relevant to the decision.
(3) A decision of the board must be in writing and include reasons and the board must give copies of the decision to all parties.
Appeal from board decisions
32 (1) Within 30 days after a decision is made by the board, a party may appeal the decision to the court on a question of law or fact or both.
(2) The Rules of Court apply to an appeal under this section to the extent that they are consistent with this section.
(3) The appeal is to consist of a new hearing unless the appeal is restricted to a question of law.
(4) The appeal suspends the effect of the decision being appealed.
(5) On application, the court may make an interim order authorizing health care to be given to a person if the health care is necessary to prevent physical or mental harm to the person.
(6) After hearing the appeal, the court may do one or more of the following:
(a) confirm or rescind the decision of the board;
(b) exercise all the powers of the board and substitute the court's decision for the board's decision;
(c) refer all or part of the matter back to the board for rehearing with any directions the court considers appropriate.
Section 33 (2) (part) BEFORE amended by 2007-19-9(a), effective November 4, 2019 (BC Reg 114/2019).
(2) A person who is a health care provider or the operator of a care facility is entitled to rely on the accuracy of the information given to that person to establish
Section 33.2 BEFORE repealed by 2003-96-31, effective March 12, 2004 (BC Reg 90/2004).
Disclosure of information to prescribed advocacy organization
33.2 (1) A prescribed advocacy organization has the right to all the information and documents to which an adult is entitled and that are necessary to
(a) make an informed decision to request a review under section 28 (2) (e) concerning the adult, or
(b) assist the adult at a hearing under section 29 (4).
(2) Anyone who has custody or control of the information or documents referred to in subsection (1) must disclose that information and provide copies of the documents to the prescribed advocacy organization.
(3) Subsections (1) and (2) override
(a) a claim of confidentiality or privilege other than a claim founded on solicitor client privilege, and
(b) a restriction, in an enactment or the common law, about the disclosure or confidentiality of information.
Section 33.3 BEFORE repealed by 2003-96-31, effective March 12, 2004 (BC Reg 90/2004).
Confidentiality
33.3 A prescribed advocacy organization receiving information under section 33.2
(a) must use the information only for the purposes of section 33.2 (1), and
(b) must not disclose that information other than for the purposes of paragraph (a), for the purposes of a prosecution or if required by law.
Section 34 (2) (e) BEFORE amended by 2002-46-9, effective October 1, 2003 (BC Reg 294/2003).
(e) prescribing advocacy organizations for the purposes of sections 14 (5) and (6), 23 (3) and (4), 28 (2) (e) and 29 (4);
Section 34 (2) (e), (k), (k.1) and (l) BEFORE amended by 2003-96-32, effective March 12, 2004 (BC Reg 90/2004).
(e) prescribing advocacy organizations for the purposes of sections 14 (5) and (6), 23 (3) and (4), 28 (2) (e), 29 (4) and 33.2;
(k) prescribing forms for the purpose of requesting a review under section 28 or requesting advice or directions under section 31 or for any other purpose;
(k.1) prescribing the circumstances in which a prescribed advocacy organization may request a review;
(l) governing hearings before the board.
Section 34 (2) (b) BEFORE amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
(b) designating ethics committees for the purpose of paragraph (b) of the definition of "health care";
Section 34 (2) (c) BEFORE amended by 2013-13-21, effective April 1, 2013 (BC Reg 145-2013).
(c) prescribing Acts for the purpose of the definition of "health care provider";
Section 34 (2) (e) BEFORE amended by 2007-19-10(a), effective November 4, 2019 (BC Reg 114/2019).
(e) prescribing advocacy organizations for the purposes of sections 14 (5) and 23 (3);
Section 34 (2) (g) and (i) BEFORE amended by 2007-19-10(b), effective November 4, 2019 (BC Reg 114/2019).
(g) governing assessments under sections 14 (2) and 21;
(i) prescribing the duties of an operator of a care facility who restrains an adult's freedom of movement in the facility;
Section 34 (2) (h) BEFORE repealed by 2007-19-10(b), effective November 4, 2019 (BC Reg 114/2019).
(h) prescribing information that must be included in a facility care proposal under section 20;
Section 34 (2) (a) BEFORE amended by 2019-40-13, effective November 4, 2019 [coming into force of "care facility" definition in 2007-19-6(b); retro from November 28, 2019 (Royal Assent)].
(a) designating any facility or class of facility as a care facility for the purpose of paragraph (d) of the definition of "care facility";
Section 35.1 was enacted by 2007-34-32, effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-32 was amended by BC Reg 14/2011 under section 66(b) effective September 2, 2011.
Supplement, section 14 (3) BEFORE amended by 2003-96-33(a), effective March 12, 2004 (BC Reg 90/2004).
(3) If an assessment under subsection (2) indicates that the adult needs the major health care and is incapable of giving, refusing or revoking consent to it, the health care provider may, subject to subsections (4) to (7), provide the health care if someone chosen under section 16 has authority to consent to the major health care and gives substitute consent.
Supplement, section 14 (6) BEFORE repealed by 2003-96-33(b), effective March 12, 2004 (BC Reg 90/2004).
(6) After notifying the prescribed advocacy organization, the health care provider must allow someone from the advocacy organization to, in private,
(a) inform the adult for whom the major health care is proposed about the right to a review, and
(b) receive the adult's directions.
Supplement section 17 (3) and (4) BEFORE repealed by 2002-46-10, effective October 1, 2003 (BC Reg 294/2003).
(3) Within the 21 day period, the person chosen under section 16 may apply to the court under the Adult Guardianship Act for an order appointing a substitute decision maker or guardian for the adult.
(4) If an application is made under the Adult Guardianship Act, the applicant's authority to give or refuse substitute consent under this Act extends beyond the 21 day period until a final order is made.
Supplement, Part 4, sections 27 to 32 BEFORE repealed by 2003-96-35, effective March 12, 2004 (BC Reg 90/2004).
Requests for review
28 (1) [Words in force.]
(a) a decision that the adult to whom health care is provided or for whom health care is proposed is incapable of giving, refusing or revoking consent to health care,
(b) a decision to choose a particular person under section 16 to give, refuse or revoke substitute consent to health care,
(c) [In force.]
(d) a decision that an adult is incapable of rejecting a facility care proposal,
(e) a decision to accept or reject a facility care proposal,
(f) a decision to restrain an adult's freedom of movement within a care facility, or
(g) a decision that an adult is incapable of deciding to move out of a care facility.
(2) [Words in force.]
(a) [In force.]
(b) an adult who is living in a care facility or for whom a care facility is proposed;
(c) to (f) [In force.]
(3) A request for a review made under subsection (1) (a) must be accompanied by the report of an assessment arranged under section 14 (2).
(4) [Repealed 1999-25-15.]
(5) and (6) [In force.]
(7) [Words in force.]
(a) [In force.]
(b) [Words in force.]
(i) [In force.]
(ii) who is living in the care facility or for whom a care facility is proposed, and
(c) [In force.]
1993-48-28; 1999-25-15.
Hearings
29 (1) to (3) [In force.]
(4) [Words in force.]
(a) [In force.]
(b) an adult who is living in a care facility or for whom a care facility is proposed.
(5) to (9) [In force.]
1993-48-29.
Board's power to give directions on request
31 (1) In addition to its powers and duties with respect to reviews, the board may, if requested, give advice or directions on the following:
(a) the scope of a person's authority under this Act;
(b) whether health care is major health care or minor health care;
(c) whether health care is of a type that someone chosen under section 16 is authorized to consent to;
(d) whether health care is of a type that a representative is authorized to give or refuse consent to;
(e) whether it is appropriate to refuse substitute consent under section 18 (2) to health care necessary to preserve life;
(f) any other matter relating to the provision of health care to an adult who is incapable of giving, refusing or revoking consent.
(2) Any of the following may request advice or directions from the board:
(a) a health care provider;
(b) a substitute decision maker;
(c) a guardian;
(d) a representative;
(e) a person chosen under section 16;
(f) the Public Guardian and Trustee.
(3) The request for advice or directions must be in writing and must be delivered to the board.
1993-48-31; 1999-25-16, 17; B.C. Reg. 111/2000.
Supplement, section 23 (4) BEFORE repealed by 2003-96-34, effective March 12, 2004 (BC Reg 90/2004).
(4) After notifying the prescribed advocacy organization, the operator of the care facility must allow someone from the prescribed advocacy organization to, in private,
(a) inform the adult who has been admitted about the right to a review, and
(b) receive the adult's directions.
Supplement BEFORE repealed by 2006-33-1(1) (n), effective May 18, 2006 (Royal Assent).
[Supplement]
Health Care (Consent) and Care Facility (Admission) Act
[RSBC 1996] CHAPTER 181
Part 1 — Introductory Provisions
Part 2 — Consent to Health Care
Exception major health care
14 (1) [In force.]
(2) However, if
(a) the adult or someone who is consulted under subsection (1) objects to the major health care or the decision about the adult's incapability, or
(b) the adult is not accompanied by a spouse, relative or friend,
the health care provider must arrange for an assessment, in accordance with the regulations, of whether or not the adult needs the proposed major health care and is incapable of giving, refusing or revoking consent to it.
(3) If an assessment under subsection (2) indicates that the adult needs the major health care and is incapable of giving, refusing or revoking consent to it, the health care provider may, subject to subsection (4), provide the health care if someone chosen under section 16 has authority to consent to the major health care and gives substitute consent.
(4) [In force.]
(5) In addition, the health care provider must notify a prescribed advocacy organization of the decision or assessment that the adult for whom the major health care is proposed is incapable, and of the other information listed in subsection (4) (a), if
(a) the adult objects to the major health care or the decision about the adult's incapability,
(b) the adult is not accompanied by a spouse, relative or friend,
(c) any spouse, relatives or friends accompanying the adult dispute among themselves about the major health care, or
(d) the adult's rights under this Act may be at risk.
(6) [Repealed 2003-96-33.]
(7) and (8) [In force.]
(9) A health care provider may notify the Public Guardian and Trustee if the health care provider believes that an adult who is incapable of giving, refusing or revoking consent needs major health care that is of a type that
(a) the adult's substitute decision maker, guardian or representative is not authorized to consent to, or
(b) someone chosen under section 16 is not authorized to consent to.
(10) On being notified under subsection (9), the Public Guardian and Trustee may apply to the court under the Adult Guardianship Act for
(a) the appointment of a substitute decision maker or guardian for the adult, or
(b) a change to an existing order appointing a substitute decision maker or guardian.
1993-48-14; 1999-25-11; B.C. Reg. 111/00; 2003-96-34.
Part in force, remainder repealed
17 (1) and (2) [In force.]
(3) and (4) [Repealed 2002-46-10.]
(5) to (8) [In force.]
Restrictions on authority of a temporary substitute decision maker
18 (1) and (2) [In force.]
(3) If any person referred to in subsection (2) does not agree on any matter referred to in subsection (2) (a) or (b), that person or the Public Guardian and Trustee may apply under the Adult Guardianship Act for the appointment of a substitute decision maker or guardian for the adult.
1993-48-18; B.C. Reg. 111/00.
Part 3 — Admission to a Care Facility
Facility care proposal required
20 (1) The operator of a care facility must not admit an adult to live in the facility unless the adult or a person authorized under section 22 has accepted a facility care proposal that includes information about
(a) the types and levels of care and the activities provided in the facility,
(b) the policies followed in the facility, and
(c) any other prescribed subject.
(2) The operator of the care facility must explain the facility care proposal to the adult.
(3) When explaining the facility care proposal, the operator of the care facility
(a) must communicate with the adult in a manner appropriate to the adult's skills and abilities, and
(b) may allow any spouse, relative or friend who accompanies the adult, or who offers assistance, to help the adult to understand or demonstrate an understanding of the proposal.
1993-48-20.
If a facility care proposal is rejected
21 (1) A person authorized under subsection (2) may arrange for an assessment by a designated agency of whether an adult who has rejected a care facility proposal is incapable of making that decision, if the authorized person has reason to believe that
(a) the adult needs and would benefit from admission to the care facility mentioned in the facility care proposal, and
(b) the adult is incapable of deciding to reject the proposal.
(2) An assessment under subsection (1) may be arranged by one of the following persons:
(a) a substitute decision maker, guardian or representative who is authorized to make decisions about the adult's personal care;
(b) the adult's spouse;
(c) a relative referred to in section 22 (2) (b) to (e);
(d) the adult's medical practitioner;
(e) the Public Guardian and Trustee, if no one else is available.
(3) In assessing whether the adult is incapable of deciding to reject the facility care proposal, the designated agency must
(a) comply with the regulations governing assessments, and
(b) consider whether the adult demonstrates that he or she understands the facility care proposal, and the reason for admission to the care facility.
1993-48-21; B.C. Reg. 111/00.
Who can accept the proposal if the adult is incapable
22 (1) If the designated agency decides that the adult is incapable of rejecting the facility care proposal, a substitute decision maker, guardian or representative who has authority to do so may accept or reject the proposal.
(2) If the adult has no substitute decision maker, guardian or representative with authority to accept a facility care proposal, the first, in listed order, of the following who is available and who qualifies under subsection (3) may accept or reject the proposal:
(a) the adult's spouse;
(b) the adult's child;
(c) the adult's parent;
(d) the adult's brother or sister;
(e) anyone else related by birth or adoption to the adult.
(3) To qualify to accept or reject a facility care proposal, a person must
(a) be at least 19 years of age,
(b) have been in contact with the adult during the preceding 12 months,
(c) have no dispute with the adult, and
(d) be capable of accepting or rejecting the proposal.
(4) Before accepting or rejecting the facility care proposal, a person authorized under this section must
(a) consult, to the greatest extent possible, with the adult and with any spouse, friend or relative of the adult who asks to assist, and
(b) decide to accept or reject the proposal, in the adult's best interests.
(5) In deciding whether the facility care proposal is in the adult's best interests, the person authorized under this section must consider
(a) the adult's current wishes, values and beliefs,
(b) whether the adult would benefit from admission to a care facility, and
(c) whether a less restrictive type of care facility would be as beneficial to the adult as the proposed care facility.
(6) If no one listed in subsection (2) is available or qualifies under subsection (3) or if there is a dispute about who is entitled to accept or reject the facility care proposal, the Public Guardian and Trustee may
(a) accept the proposal, or
(b) apply to the court under Part 2 of the Adult Guardianship Act.
(7) A person who is authorized to accept or reject a facility care proposal has the right to all the information necessary to make an informed decision and section 17 (7) and (8) applies.
1993-48-22; B.C. Reg. 111/00.
Duty to notify others of admission
23 (1) If an adult is admitted to a care facility after a facility care proposal is accepted for the adult under section 22, the operator of the care facility must notify the following of the admission:
(a) the adult's spouse, or a relative or friend of the adult, if known to the operator;
(b) the adult's medical practitioner;
(c) the adult's substitute decision maker, guardian or representative.
(2) The notice of admission must be in the prescribed form and must be delivered within 72 hours after the adult's admission to the care facility.
(3) The operator of the care facility must notify a prescribed advocacy organization of the adult's admission if
(a) the adult objects to the admission,
(b) any spouse, relatives or friends accompanying the adult dispute among themselves about the admission,
(c) the adult has no spouse, relatives or friends and has been admitted by the Public Guardian and Trustee under section 22 (6), or
(d) the operator has reason to believe that the adult's rights under this Act may be at risk.
(4) [Repealed 2003-96-34.]
1993-48-23; B.C. Reg. 111/00; 2003-96-34.
Authority to consent to health care not included
24 A person who is authorized under section 22 to accept or reject a facility care proposal for an adult is not authorized to give or refuse consent to health care for the adult unless that person is authorized under Part 2 of this Act.
1993-48-24.
Use of restraints
25 (1) The operator of a care facility must not restrain, by physical, chemical or other means, the freedom of movement of an adult who is living in the facility unless
(a) all alternatives have been exhausted,
(b) the restraint is as minimal as possible,
(c) the restraint has been approved by a person authorized under section 22 (1), (2) or (6) and by a medical practitioner whose approval is based on the opinion of another health care provider, and
(d) the necessity for the restraint is periodically reassessed in accordance with the regulations.
(2) A person authorized under section 22 (1), (2) or (6) may approve a decision to restrain the adult's freedom of movement if
(a) the person consults, to the greatest extent possible, with the adult and with any spouse, relative or friend of the adult who asks to assist, and
(b) the decision is in the adult's best interests or for the protection of others.
(3) The operator of a care facility may restrain the adult's freedom of movement, even though the restraint is not approved under subsection (1) (c), if
(a) the restraint is necessary to preserve the adult's life or to prevent serious physical harm to the adult or others,
(b) the adult is restrained for no longer than necessary and, at the most, for no longer than 72 hours,
(c) a health care provider reassesses the necessity for the restraint at least every 8 hours, and
(d) the operator ensures that the adult's comfort and safety is monitored in accordance with the regulations.
(4) If the adult is restrained under this section, the operator of the care facility must
(a) notify, in the prescribed form, any person who accepted a facility care proposal for the adult, and
(b) record the restraint in accordance with the regulations.
1993-48-25.
Right to leave care facility
26 (1) An adult who has been admitted to live in a care facility has the right to move out of the facility unless he or she is incapable of making that decision.
(2) The adult's substitute decision maker, guardian or representative or the person who accepted the facility care proposal for the adult may remove the adult from the care facility if
(a) the adult is incapable of making the decision to move out of the facility, and
(b) removing the adult from the facility is in the adult's best interests.
1993-48-26.
Protection from liability
33 (1) [In force.]
(2) [Words in force.]
(a) and (b) [In force.]
(c) someone's authority to accept or reject a facility care proposal,
[Words in force.]
1993-48-33.