This Act applies to Prince Edward Island. The table of contents is listed below to provide an overview of what the Act contains. The URL is provided so you can view the entire Act if you wish.


Consent to Treatment and Health Care Directives Act, R.S.P.E.I. 1988, c. C-17.2


Table of Contents

  •  Definitions
  • Subject to other Acts
  • Restraint, confinement
  • Presumption of capacity
  • Revocation
  • Consent rights
  • No treatment without consent
  • Elements of consent
  • Informed consent
  • Waiver
  • Manner of communication
  • Express or implied
  • Additional or alternative treatment
  • Included consent
  • Capacity with respect to treatment
  • Assistance in determining capacity
  • Capacity depends on treatment
  • Capacity depends on time
  • Return of capacity
  • Request for opinion of psychiatrist
  • Confirmation
  • Determination of capacity
  • Consent on incapable patient’s behalf
  • Inquiry
  • Qualifications of consenter
  • Parent under sixteen
  • Ranking
  • Decision-maker of last resort
  • Meaning of “available
  • Excluded metters
  • Principles
  • Best interests
  • Information
  • Admission to hospital
  • Emergency treatment despite refusal
  • Emergency treatment without consent
  • Apparently valid refusal
  • Apparently valid consent
  • Emergency treatment
  • Substitute decision maker
  • Capacity of maker
  • Content of directive
  • Writing required
  • Execution
  • Form of directive
  • Agreement of proxy
  • Coming into effect of directive
  • Inquiry
  • Effect of decision by maker
  • Effect of decision by proxy
  • Revocation
  • Effect of divorce
  • No delegation
  • More than one proxy
  • Joint proxies
  • Review of misconduct
  • Investigation
  • Application to court
  • Proxy decision supersedes that of court and guardian
  • Medication for pain
  • Protection from liability re treatment
  • Presumption of validity
  • Protection from liability re treatment
  • Presumption of validity
  • Protection from liability for proxy
  • Gift to witness, proxy or person signing for maker
  • Registration
  • No presumption
  • Effect of extra-provincial directives
  • Formal requirements
  • Certification by lawyer
  • Where impractical to determine if requirements met
  • Offence and penalty
  • Disclaimer