27 (1) An individual who is 16 years old or older and who is determined to be incapable of consenting to the collection, use or disclosure of personal health information may apply to the Board for appointment of a representative to consent on the individual’s behalf to a collection, use or disclosure of the information by a health information custodian.  2004, c. 3, Sched. A, s. 27 (1). Application by proposed representative (2) If an individual is incapable of consenting to the collection, use or disclosure of personal health information, another individual who is 16 years old or older may apply to the Board to be appointed as a representative to consent on behalf of the incapable individual to a collection, use or disclosure of the information.  2004, c. 3, Sched. A, s. 27 (2). Deemed application concerning capacity (2.1) An application to the Board under subsection (1) or (2) shall be deemed to include an application to the Board under subsection 22 (3) with respect to the individual’s capacity to consent to the collection, use or disclosure of his or her personal health information, unless the individual’s capacity has been determined by the Board within the previous six months.  2007, c. 10, Sched. H, s. 8. Exception (3) Subsections (1) and (2) do not apply if the individual to whom the personal health 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.  2004, c. 3, Sched. A, s. 27 (3). Parties (4) The parties to the application are: 1.  The individual to whom the personal health 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). 4.  All other persons whom the Board specifies.  2004, c. 3, Sched. A, s. 27 (4). Appointment (5) In an appointment under this section, the Board may authorize the representative to consent, on behalf of the individual to whom the personal health 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 Board in circumstances specified by the Board, if the individual is determined to be incapable of consenting to the collection, use or disclosure of personal health information 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 of consenting to the collection, use or disclosure of personal health information at the time the consent is sought.  2004, c. 3, Sched. A, s. 27 (5). Criteria for appointment (6) The Board may make an appointment under this section if it is satisfied that the following requirements are met: 1.  The individual to whom the personal health information relates does not object to the appointment. 2.  The representative consents to the appointment, is at least 16 years old and is capable of consenting to the collection, use or disclosure of personal health information. 3.  The appointment is in the best interests of the individual to whom the personal health information relates.  2004, c. 3, Sched. A, s. 27 (6). Powers of Board (7) Unless the individual to whom the personal health information relates objects, the Board 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.  2004, c. 3, Sched. A, s. 27 (7). Termination (8) The Board may, on any person’s application, terminate an appointment made under this section if, (a)  the individual to whom the personal health information relates or the representative requests the termination; (b)  the representative is no longer capable of consenting to the collection, use or disclosure of personal health information; (c)  the appointment is no longer in the best interests of the individual to whom the personal health information relates; or (d)  the individual to whom the personal health 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.  2004, c. 3, Sched. A, s. 27 (8). Procedure (9) Sections 73 to 81 of the Health Care Consent Act, 1996 apply with necessary modifications to an application under this section.  2004, c. 3, Sched. A, s. 27 (9). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. H, s. 8 - 04/06/2007