Ontario Health Care Consent Act (and BC)
In my opinion, the following Ontario law, the Health Care Consent Act, should apply to the “vaccine”, the testing, the masking, the social distancing, and the screening. I have highlighted sections of it.
Health Care Consent Act, 1996, SO 1996, c 2, Sch A
https://www.canlii.org/en/on/laws/stat/so-1996-c-2-sch-a/latest/so-1996-c-2-sch-a.html (latest version as of August 27, 2021)
Another copy: https://www.ontario.ca/laws/statute/96h02
PART I
GENERAL
Purposes
1 The purposes of this Act are,
(a) to provide rules with respect to consent to treatment that apply consistently in all settings;
(b) to facilitate treatment, admission to care facilities, and personal assistance services, for persons lacking the capacity to make decisions about such matters;
[etc. . . .]
Interpretation
2 (1) In this Act, . . .
. . .
“treatment” means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health-related purpose, and includes a course of treatment, plan of treatment or community treatment plan, but does not include,
. . .
[etc.]
. . .
Part II
TREATMENT
General
. . .
No treatment without consent
10 (1) A health practitioner who proposes a treatment for a person shall not administer the treatment, and shall take reasonable steps to ensure that it is not administered, unless,
(a) he or she is of the opinion that the person is capable with respect to the treatment, and the person has given consent; or
(b) he or she is of the opinion that the person is incapable with respect to the treatment, and the person’s substitute decision-maker has given consent on the person’s behalf in accordance with this Act. 1996, c. 2, Sched. A, s. 10 (1).
. . .
Elements of consent
11 (1) The following are the elements required for consent to treatment:
1. The consent must relate to the treatment.
2. The consent must be informed.
3. The consent must be given voluntarily.
4. The consent must not be obtained through misrepresentation or fraud. 1996, c. 2, Sched. A, s. 11 (1).
Informed consent
(2) A consent to treatment is informed if, before giving it,(a) the person received the information about the matters set out in subsection (3) that a reasonable person in the same circumstances would require in order to make a decision about the treatment; and
(b) the person received responses to his or her requests for additional information about those matters. 1996, c. 2, Sched. A, s. 11 (2).
Same(3) The matters referred to in subsection (2) are:
1. The nature of the treatment.2. The expected benefits of the treatment.
3. The material risks of the treatment.
4. The material side effects of the treatment.
5. Alternative courses of action.
6. The likely consequences of not having the treatment. 1996, c. 2, Sched. A, s. 11 (3).
Express or implied(4) Consent to treatment may be express or implied. 1996, c. 2, Sched. A, s. 11 (4).
. . .
Withdrawal of consent
14 A consent that has been given by or on behalf of the person for whom the treatment was proposed may be withdrawn at any time,
(a) by the person, if the person is capable with respect to the treatment at the time of the withdrawal;(b) by the person’s substitute decision-maker, if the person is incapable with respect to the treatment at the time of the withdrawal. 1996, c. 2, Sched. A, s. 14.
. . .
I am not sure about how the enforcement of all of these sections work. There is a reference to the Provincial Offences Act. Search the words “guilty,” “penalty,” “offence,” “contravenes.”
Provincial Offences Act, RSO 1990, c P.33
https://www.canlii.org/en/on/laws/stat/rso-1990-c-p33/latest/rso-1990-c-p33.html
(Another copy is here: https://www.ontario.ca/laws/statute/90p33)
“provincial offences officer” means,
(a) a police officer,
(b) a constable appointed pursuant to any Act,
(c) a municipal law enforcement officer referred to in subsection 101 (4) of the Municipal Act, 2001 or in subsection 79 (1) of the City of Toronto Act, 2006, while in the discharge of his or her duties,
(d) a by-law enforcement officer of any municipality or of any local board of any municipality, while in the discharge of his or her duties,
(e) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act, while in the discharge of his or her duties, or
(f) a person designated under subsection (3); (“agent des infractions provinciales”)
General
Purpose of Act
2 (1) The purpose of this Act is to replace the summary conviction procedure for the prosecution of provincial offences, including the provisions adopted by reference to the Criminal Code (Canada), with a procedure that reflects the distinction between provincial offences and criminal offences.
. . .
Issuance and service
(2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13,
(a) a certificate of offence certifying that an offence has been committed; and
(b) either an offence notice indicating the set fine for the offence or a summons. 2009, c. 33, Sched. 4, s. 1 (2).
Service(3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred. R.S.O. 1990, c. P.33, s. 3 (3).
Provincial Offences Act Rules and Regulations (https://www.ontariocourts.ca/ocj/legal-professionals/provincial-offences-act-rules/) includes links to
R.R.O. 1990, Reg. 200: RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS
and
R.R.O. 1990, Reg. 950: PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE.
See Ontario Court of Justice: Provincial Offences
The Ontario Court of Justice hears virtually all provincial offences matters as well as offences against municipal by-laws. Examples of such cases include: . . .
. . . The key piece of legislation is the Provincial Offences Act. . . .
Similar Health Care Consent law in British Columbia:
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96181_01#section2
Health Care (Consent) and Care Facility (Admission) Act [RSBC 1996] CHAPTER 181
Update: Alberta government information:
CONSENT TO TREATMENT/PROCEDURE(S) | Alberta Health Services POLICY
https://extranet.ahsnet.ca/teams/policydocuments/1/clp-consent-to-treatment-prr-01-policy.pdf
“Informed Consent is Required”
Feel free to comment, especially if you have relevant information, and especially on how to practically apply the Ontario law or similar laws.