Informed Consent in British Columbia
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Before any treatment, you have the right to receive clear information so you can make an informed decision. This includes:
- The nature of the treatment
- Expected benefits
- Material risks and side effects
- Alternatives, including doing nothing
- The consequences of refusing treatment
Your consent must be voluntary — no one can pressure you into a decision. Capacity is assessed per decision, meaning you may be considered capable of consenting to one treatment but not another.
If you are found incapable, a substitute decision-maker (SDM) steps in. SDMs follow a ranked hierarchy: guardian, power of attorney for personal care, spouse, then adult child.
In a genuine emergency, a doctor can treat you without consent if you are incapable and no SDM is available.
When does it apply?
- Every patient in Canada, regardless of age or status.
- Applies to any proposed treatment, procedure, diagnostic test, hospital admission, or research study.
What to Do If a Canadian Doctor Treated You Without Your Informed Consent
- Ask questions — you have the right to understand your treatment fully before agreeing.
- Request written information about your diagnosis, treatment options, and risks.
- Designate a power of attorney for personal care while you are still capable, so your wishes are respected if you become incapable.
- Create an advance directive outlining what treatments you do or do not want in the future.
- Contact a patient ombudsman if you believe your right to informed consent was violated.
What should you NOT do?
- Don't sign consent forms without reading them — take the time to understand what you're agreeing to.
- Don't assume silence is consent — consent must be clearly given.
- Don't let anyone rush you into a decision (except in genuine emergencies where delay could be life-threatening).
- Don't forget you can withdraw consent at any time — even after you've signed a form, you can change your mind before or during treatment.
How British Columbia differs from federal law
In BC, informed consent for medical treatment is governed by the Health Care (Consent) and Care Facility (Admission) Act and common-law principles.
- Every capable adult has the right to give or refuse consent to any health care. A health care provider must explain the nature of the treatment, expected benefits, significant risks, alternative treatments, and the consequences of not having treatment.
- BC's Act specifically addresses consent for adults who are not capable of making their own health decisions. A temporary substitute decision maker (such as a spouse, adult child, or parent) can consent on their behalf, following a priority list set out in the Act.
- BC's Representation Agreement Act (RSBC 1996, c. 405) allows adults to appoint a representative in advance to make health care decisions if they become incapable — similar to a health care power of attorney.
- The Advance Directive provisions in the Health Care (Consent) and Care Facility (Admission) Act allow adults to record specific instructions about future health care that must be followed if they become incapable.
Additional Steps in British Columbia
Before any procedure, you have the right to ask questions and take time to decide. If you want to appoint a representative for future health decisions, complete a Representation Agreement under BC's Representation Agreement Act — the Nidus Personal Planning Resource Centre (nidus.ca) provides free forms and information. If you believe treatment was provided without proper consent, consult a lawyer or contact the BC Patient Care Quality Office at your health authority.
Relevant Law: Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c. 181; Representation Agreement Act, RSBC 1996, c. 405; common-law duty of informed consent (Reibl v Hughes, [1980] 2 SCR 880)
Common Questions
When does informed consent apply?
Every patient in Canada, regardless of age or status.Applies to any proposed treatment, procedure, diagnostic test, hospital admission, or research study.
What should I do if a doctor in Canada performed a procedure without properly explaining the risks or getting my consent?
Ask questions — you have the right to understand your treatment fully before agreeing.Request written information about your diagnosis, treatment options, and risks.Designate a power of attorney for personal care while you are still capable, so your wishes are respected if you become incapable.Create an advance directive outlining what treatments you do or do not want in the future.Contact a patient ombudsman if you believe your right to informed consent was violated.
What mistakes should I avoid with informed consent?
Don't sign consent forms without reading them — take the time to understand what you're agreeing to.Don't assume silence is consent — consent must be clearly given.Don't let anyone rush you into a decision (except in genuine emergencies where delay could be life-threatening).Don't forget you can withdraw consent at any time — even after you've signed a form, you can change your mind before or during treatment.
Informed Consent in other states
Same topic, different jurisdiction. Pick the one that applies to you.