24 (1) A person who consents under this Act or any other Act on behalf of or in the place of an individual to a collection, use or disclosure of personal health information by a health information custodian, who withholds or withdraws such a consent or who provides an express instruction under clause 37 (1) (a), 38 (1) (a) or 50 (1) (e) 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 health 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 health 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.  2004, c. 3, Sched. A, s. 24 (1). 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 health information about the individual by a health information custodian or provides an express instruction under clause 37 (1) (a), 38 (1) (a) or 50 (1) (e) and if the custodian is of the opinion that the substitute decision-maker has not complied with subsection (1), the custodian may apply to the Board for a determination as to whether the substitute decision-maker complied with that subsection.  2004, c. 3, Sched. A, s. 24 (2). Deemed application concerning capacity (2.1) An application to the Board under subsection (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. 6. Parties (3) The parties to the application are: 1.  The health information custodian. 2.  The incapable individual. 3.  The substitute decision-maker. 4.  Any other person whom the Board specifies.  2004, c. 3, Sched. A, s. 24 (3). Power of Board (4) In determining whether the substitute decision-maker complied with subsection (1), the Board may substitute its opinion for that of the substitute decision-maker.  2004, c. 3, Sched. A, s. 24 (4). Directions (5) If the Board determines that the substitute decision-maker did not comply with subsection (1), it may give him or her directions and, in doing so, shall take into consideration the matters set out in clauses (1) (a) to (d).  2004, c. 3, Sched. A, s. 24 (5). Time for compliance (6) The Board shall specify the time within which the substitute decision-maker must comply with its directions.  2004, c. 3, Sched. A, s. 24 (6). Deemed not authorized (7) If the substitute decision-maker does not comply with the Board’s directions within the time specified by the Board, he or she shall be deemed not to meet the requirements of subsection 26 (2).  2004, c. 3, Sched. A, s. 24 (7). Public Guardian and Trustee (8) If the substitute decision-maker who is given directions is the Public Guardian and Trustee, he or she is required to comply with the directions and subsection (6) does not apply to him or her.  2004, c. 3, Sched. A, s. 24 (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. 24 (9). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. H, s. 6 - 04/06/2007