Informed Consent in Ontario
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 Ontario differs from federal law
Ontario's Health Care Consent Act, 1996 (HCCA) sets out detailed rules for informed consent to treatment, which go beyond the common law principles.
- A health care provider cannot treat you without your informed consent (or the consent of your substitute decision-maker). Consent must be: related to the treatment, given voluntarily, and not obtained through misrepresentation or fraud.
- To give informed consent, you must be told: the nature of the treatment, the expected benefits, the material risks and side effects, alternative treatments, and the likely consequences of not having the treatment (section 11 of the HCCA).
- You have the right to refuse treatment, even if refusing could result in your death — as long as you are mentally capable of making the decision.
- If you are incapable of consenting, your substitute decision-maker (SDM) consents on your behalf. Ontario has a hierarchy of SDMs: guardian, attorney for personal care (under a power of attorney), certain family members in a specific order.
- You can create a Power of Attorney for Personal Care under the Substitute Decisions Act, 1992 to name someone you trust to make health decisions if you become incapable.
- Disputes about consent or capacity can be brought to the Consent and Capacity Board — an independent tribunal that conducts hearings, often within 7 days.
Additional Steps in Ontario
Ask questions before any treatment. If you feel you were treated without proper consent, you can file a complaint with the College that regulates your health care provider (e.g., College of Physicians and Surgeons of Ontario for doctors). If you disagree with a finding of incapacity, you or your representative can apply to the Consent and Capacity Board at 1-866-777-7391. Consider creating a Power of Attorney for Personal Care while you are capable.
Relevant Law: Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. A, ss. 10–18; Substitute Decisions Act, 1992, S.O. 1992, c. 30
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.
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