305 (1) An individual who is 16 or older and who is determined to be incapable may apply to a body prescribed for the purposes of this section for appointment of a representative to consent on the individual’s behalf to a collection, use or disclosure of personal information by a service provider. Application by proposed representative (2) If an individual is incapable, another individual who is 16 or older may apply to a body prescribed for the purposes of this section to be appointed as a representative to consent on behalf of the incapable individual to a collection, use or disclosure of personal information. Deemed application concerning capacity (3) An application to a prescribed body under subsection (1) or (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. Exception (4) Subsections (1) and (2) do not apply if the individual to whom the personal information relates has a guardian of the person, a guardian of property, an attorney for personal care or an attorney for property, who has authority to give or refuse consent to the collection, use or disclosure. Parties (5) The parties to the application are: 1. The individual to whom the personal information relates. 2. The proposed representative named in the application. 3. Every person who is described in paragraph 4, 5, 6 or 7 of subsection 26 (1) of the Personal Health Information Protection Act, 2004. 4. All other persons whom the prescribed body specifies. Appointment (6) In an appointment under this section, the prescribed body may authorize the representative to consent, on behalf of the individual to whom the personal information relates, to, (a) a particular collection, use or disclosure at a particular time; (b) a collection, use or disclosure of the type specified by the prescribed body in circumstances specified by the prescribed body, if the individual is determined to be incapable at the time the consent is sought; or (c) any collection, use or disclosure at any time, if the individual is determined to be incapable at the time the consent is sought. Criteria for appointment (7) The prescribed body may make an appointment under this section if it is satisfied that the following requirements are met: 1. The individual to whom the personal information relates does not object to the appointment. 2. The representative consents to the appointment, is at least 16 and is capable. 3. The appointment is in the best interests of the individual to whom the personal information relates. Powers of prescribed body (8) Unless the individual to whom the personal information relates objects, the prescribed body may, (a) appoint as representative a different individual than the one named in the application; (b) limit the duration of the appointment; (c) impose any other condition on the appointment; or (d) on any person’s application, remove, vary or suspend a condition imposed on the appointment or impose an additional condition on the appointment. Termination (9) A body prescribed for the purposes of this section may, on any person’s application, terminate an appointment made under this section if, (a) the individual to whom the personal information relates or the representative requests the termination; (b) the representative is no longer capable; (c) the appointment is no longer in the best interests of the individual to whom the personal information relates; or (d) the individual to whom the personal information relates has a guardian of the person, a guardian of property, an attorney for personal care or an attorney for property, who has authority to give or refuse consent to the types of collections, uses and disclosures for which the appointment was made and in the circumstances to which the appointment applies. Procedure (10) A body prescribed for the purposes of this section shall comply with the prescribed requirements and restrictions in conducting the review. Integrity and Protection of Personal Information Steps to ensure accuracy, etc. of personal information