consent to treatment

it is professional misconduct to do anything to a client for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health related purpose in a situation in which consent is legally required, without such consent. (para 1(9), o. reg. 799/93)

there shall be no treatment without consent - s. 10 health care consent act, 1996 (hcca). consent must be from:

	the person who will receive the treatment if the person is capable with respect to the treatment, or
	the substitute decision-maker if the person is not capable.

"treatment" is defined in s. 2(1) hcca

the test for whether a person is capable with respect to a treatment is defined in s. 4(1) hcca

	presumption of capacity (s . 4(2) hcca)
	reliance on presumption (s. 4(3) hcca)

obtaining consent to treatment

substitute decision-makers are listed in s. 20(1) hcca

sdm shall give or refuse consent based upon (s. 21 hcca)

	incapable person's prior wishes (s. 5 hcca);
	incapable person's best interests

the liability of health practitioner is limited by s. 29(1) hcca

consent and capacity board