Substitute decision-makers can consent on behalf of an individual to the collection, use or disclosure of the individual’s personal information. They can also give instructions and make requests, including access requests, on the individual’s behalf.

Part X explains who can be a substitute decision-maker for individuals who are incapable of consenting.

For a child under the age of 16, the custodial parent — or children’s aid society with care of the child — can act as the child’s substitute decision-maker with some exceptions. In the event of a conflict, a capable child’s decisions about their personal information overrule those of a parent or society.

Learn more about substitute decision-makers

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