Considerations for substitute decision-makers

When a substitute decision-maker gives, withholds or withdraws consent or provides an instruction on behalf of an individual, they must consider:

• the wishes, values and beliefs they know, or believe, the individual holds or would want reflected in decisions about their personal information⁸¹
• if the benefits of the collection, use or disclosure outweigh the risk of any negative consequences
• if the purpose of the collection, use or disclosure can be otherwise achieved
• if the collection, use or disclosure is required to satisfy a legal obligation

If you believe that a substitute decision-maker has not complied with their obligation to consider these factors, you may apply to Ontario’s Consent and Capacity Board for a determination.⁸²

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