Informed Consent in Quebec
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 Quebec differs from federal law
Informed consent for medical treatment in Quebec is governed by the Civil Code of Quebec, which provides a comprehensive framework rooted in civil law principles rather than common law.
- Under articles 10 and 11 of the CCQ, no one may be subjected to care without their free and enlightened consent. This applies to all medical treatment, examinations, surgeries, and procedures.
- The healthcare provider must explain the nature of the proposed treatment, its expected effects, associated risks, and alternatives (including the option of no treatment) in terms the patient can understand.
- For minors under 14, consent is given by the parent or guardian. For minors 14 and older, the minor can consent to their own care (article 14 CCQ), except in cases where the care is not required by the minor's state of health, in which case parental consent is also needed.
- If a patient is incapable of giving consent (for example, due to unconsciousness or mental incapacity), consent may be given by the patient's mandatary, tutor, curator, or close relative, depending on the situation (articles 15-16 CCQ).
- A patient can refuse treatment at any time, even if the refusal could lead to serious consequences. Quebec courts have upheld this right, including the right of competent adults to refuse life-saving treatment.
- Quebec recognizes advance medical directives (directives medicales anticipees), which allow a person to give or refuse consent to specific medical treatments in advance, in case they become unable to express their wishes (Act respecting end-of-life care, CQLR c S-32.0001).
Additional Steps in Quebec
Before any treatment, ask your healthcare provider to explain all options and risks in plain language. You can take time to decide — you are not required to consent on the spot. If you wish to prepare advance directives, you can register them with the RAMQ through the online advance medical directives registry or at a RAMQ office. Consult a notary for a protection mandate if you want to designate someone to make healthcare decisions for you.
Relevant Law: Civil Code of Quebec, arts. 10-25 (integrity of the person); Act respecting end-of-life care (CQLR c S-32.0001); Act respecting health services and social services (CQLR c S-4.2)
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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