Substitute decision-makers

Substitute decision-makers can consent on behalf of an individual to the collection, use or disclosure of the individual’s personal information. They can also act on behalf of the individual to make any request, give any instruction, or take any step that Part X allows an individual to take — including an access request.71

As described below, certain persons may act as a substitute decision-maker on behalf of:

  • an incapable person (of any age)
  • a child under the age of 16 —whether capable or incapable — subject to the exceptions below
  • a capable person over the age of 16 who has authorized the substitute decision-maker in writing


71. CYFSA, s. 303(1)

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