25 (1) For the purpose of this section and section 27, there is an emergency if the person for whom the treatment is proposed is apparently experiencing severe suffering or is at risk, if the treatment is not administered promptly, of sustaining serious bodily harm.  1996, c. 2, Sched. A, s. 25 (1). Emergency treatment without consent: incapable person (2) Despite section 10, a treatment may be administered without consent to a person who is incapable with respect to the treatment, if, in the opinion of the health practitioner proposing the treatment, (a) there is an emergency; and (b) the delay required to obtain a consent or refusal on the person’s behalf will prolong the suffering that the person is apparently experiencing or will put the person at risk of sustaining serious bodily harm.  1996, c. 2, Sched. A, s. 25 (2). Emergency treatment without consent: capable person (3) Despite section 10, a treatment may be administered without consent to a person who is apparently capable with respect to the treatment, if, in the opinion of the health practitioner proposing the treatment, (a) there is an emergency; (b) the communication required in order for the person to give or refuse consent to the treatment cannot take place because of a language barrier or because the person has a disability that prevents the communication from taking place; (c) steps that are reasonable in the circumstances have been taken to find a practical means of enabling the communication to take place, but no such means has been found; (d) the delay required to find a practical means of enabling the communication to take place will prolong the suffering that the person is apparently experiencing or will put the person at risk of sustaining serious bodily harm; and (e) there is no reason to believe that the person does not want the treatment.  1996, c. 2, Sched. A, s. 25 (3). Examination without consent (4) Despite section 10, an examination or diagnostic procedure that constitutes treatment may be conducted by a health practitioner without consent if, (a) the examination or diagnostic procedure is reasonably necessary in order to determine whether there is an emergency; and (b) in the opinion of the health practitioner, (i) the person is incapable with respect to the examination or diagnostic procedure, or (ii) clauses (3) (b) and (c) apply to the examination or diagnostic procedure.  1996, c. 2, Sched. A, s. 25 (4). Record (5) After administering a treatment in reliance on subsection (2) or (3), the health practitioner shall promptly note in the person’s record the opinions held by the health practitioner that are required by the subsection on which he or she relied.  1996, c. 2, Sched. A, s. 25 (5). Continuing treatment (6) Treatment under subsection (2) may be continued only for as long as is reasonably necessary to find the incapable person’s substitute decision-maker and to obtain from him or her a consent, or refusal of consent, to the continuation of the treatment.  1996, c. 2, Sched. A, s. 25 (6). Same (7) Treatment under subsection (3) may be continued only for as long as is reasonably necessary to find a practical means of enabling the communication to take place so that the person can give or refuse consent to the continuation of the treatment.  1996, c. 2, Sched. A, s. 25 (7). Search (8) When a treatment is begun under subsection (2) or (3), the health practitioner shall ensure that reasonable efforts are made for the purpose of finding the substitute decision-maker, or a means of enabling the communication to take place, as the case may be.  1996, c. 2, Sched. A, s. 25 (8). Return of capacity (9) If, after a treatment is begun under subsection (2), the person becomes capable with respect to the treatment in the opinion of the health practitioner, the person’s own decision to give or refuse consent to the continuation of the treatment governs.  1996, c. 2, Sched. A, s. 25 (9).