302 (1) A person who consents under this Part on behalf of or in the place of an individual to a collection, use or disclosure of personal information by a service provider, who withholds or withdraws such a consent or who provides an express instruction under clause 291 (1) (a) shall take into consideration, (a) the wishes, values and beliefs that, (i) if the individual is capable, the person knows the individual holds and believes the individual would want reflected in decisions made concerning the individual’s personal information, or (ii) if the individual is incapable or deceased, the person knows the individual held when capable or alive and believes the individual would have wanted reflected in decisions made concerning the individual’s personal information; (b) whether the benefits that the person expects from the collection, use or disclosure of the information outweigh the risk of negative consequences occurring as a result of the collection, use or disclosure; (c) whether the purpose for which the collection, use or disclosure is sought can be accomplished without the collection, use or disclosure; and (d) whether the collection, use or disclosure is necessary to satisfy any legal obligation. Determination of compliance (2) If a substitute decision-maker, on behalf of an incapable individual, gives, withholds or withdraws a consent to a collection, use or disclosure of personal information about the individual by a service provider or provides an express instruction under clause 291 (1) (a) and if the service provider is of the opinion that the substitute decision-maker has not complied with subsection (1), the service provider may apply to a body prescribed for the purposes of this section for a determination as to whether the substitute decision-maker complied with that subsection. Deemed application concerning capacity (3) An application to a body prescribed under subsection (2) is deemed to include an application to a prescribed body under subsection 304 (3) with respect to the individual’s capacity, unless the individual’s capacity has been determined by a prescribed body under section 304 within the previous six months. Parties (4) The parties to the application are: 1. The service provider. 2. The incapable individual. 3. The substitute decision-maker. 4. Any other person whom the prescribed body specifies. Power of prescribed body (5) In determining whether the substitute decision-maker complied with subsection (1), the prescribed body may substitute its opinion for that of the substitute decision-maker. Directions (6) If the prescribed body determines that the substitute decision-maker did not comply with subsection (1), it may give the substitute decision-maker directions and, in doing so, shall take into consideration the matters set out in clauses (1) (a) to (d). Time for compliance (7) The prescribed body shall specify the time within which the substitute decision-maker must comply with its directions. Deemed not authorized (8) If the substitute decision-maker does not comply with the directions of the prescribed body within the time specified by the prescribed body, the substitute decision-maker is deemed not to meet the requirements of subsection 301 (4). Public Guardian and Trustee (9) If the substitute decision-maker who is given directions is the Public Guardian and Trustee, the substitute decision-maker is required to comply with the directions and subsection (7) does not apply to the substitute decision-maker. Procedure (10) A body prescribed for the purposes of this section shall comply with the prescribed requirements and restrictions in conducting the review.