Published on May 06, 2026
In short: in Quebec, no one may receive care without their free and informed consent. An adult is presumed capable of consenting and may refuse any care. When an adult cannot consent, their mandatary, tutor, spouse or a close relative consents for them. For a minor under 14, the parents or tutor consent. From age 14, a minor may consent alone to care required by their state of health. Court authorization is required in certain cases, notably when an incapable adult or a minor 14 or over refuses care.
At our firm, we assist clients facing situations where this right is called into question, whether it involves a refusal of care, a family disagreement or incapacity. A consultation often helps clarify your rights and act in an informed manner.
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What is consent to care?
Consent to care is a fundamental principle of civil law and health law. It rests on the idea that no care may be provided without the person's agreement, and that this agreement must be free and informed. The Civil Code of Quebec (articles 10 and 11) sets out this rule, and the Quebec Charter of Human Rights and Freedoms confirms it by protecting the right of every human being to personal inviolability.
The rules on consent to care vary with the age of the person involved, and they differ notably depending on whether the person is a minor or an adult. This distinction regularly raises questions for health professionals, parents and loved ones alike.
Consent to care for adults
Under Quebec law, every adult is presumed capable of consenting to the care that concerns them. The adult alone decides on the care proposed to them, whether it is a medical examination, a treatment or a surgical procedure.
To be valid, consent must be free and informed. It must also be given by a person capable of understanding the nature of the care, its risks and its consequences.
The right to refuse care
An adult also keeps the right to refuse care, even when the refusal may have serious consequences for their health. The health professional's role is then to inform the person adequately, but they cannot force the person to receive treatment against their will.
When an adult cannot consent
The situation changes when an adult becomes incapable of consenting, for example because of a cognitive disorder or a loss of consciousness. Under article 15 of the Civil Code, consent is then given by their mandatary or tutor. If the adult has neither, consent is given by their spouse, a close relative or a person who shows a special interest in them. Under article 12, the person consenting must act in the sole interest of the adult and take into account the wishes the adult may have expressed.
Consent to care for minors
The situation is more nuanced for a minor. In principle, the parents or the holder of parental authority consent to the required care, which reflects the parents' legal responsibility to look after their child's health. The minor nevertheless gains autonomy with age.
Minors under 14
For a minor under 14, consent to all types of care is given by the parents or the tutor. The minor's opinion still matters and must be taken into account when their age and capacity for understanding allow it.
Minors 14 and over
Under article 14 of the Civil Code of Quebec, a minor 14 or over may consent alone to care required by their state of health. Parental consent is not needed. However, if the minor must remain in a health or social services establishment for more than 12 hours, the parents or tutor must be informed.
For care that is not required by their state of health, such as a cosmetic procedure, a minor 14 or over may also consent alone. Parental consent is added, however, when the care entails a serious risk to the minor's health and may cause grave and permanent effects (article 17).
These rules respect the adolescent's growing capacity for discernment while maintaining stronger protection in the most serious situations.
When must a court authorize care?
Questions of consent to care can become particularly sensitive. This is notably the case in situations of disagreement between a minor and their parents. They can also give rise to conflicts between the parents themselves.
Furthermore, tensions can arise when care is refused for religious, cultural, or personal reasons.
In certain exceptional situations, a court may be called upon to intervene. It may thus authorize care deemed necessary to preserve the health or life of the minor. This can apply even despite parental opposition.
Practical issues and sources of dispute
Questions of consent to care can become particularly sensitive, for example when a minor and their parents disagree, or when the parents disagree with each other.
Tensions can also arise when care is refused for religious, cultural or personal reasons.
In such cases, the court may be asked to intervene and authorize care deemed necessary to preserve the health or life of the person concerned, even despite parental opposition.
Frequently asked questions
What makes consent to care valid in Quebec?
Under the Civil Code of Quebec, consent must be free, meaning given without coercion or pressure, and informed, meaning the person understands the nature, risks, benefits and alternatives of the proposed care. It must also be given by a person capable of consenting.
Can an adult refuse medical treatment in Quebec?
Yes. A capable adult may refuse any care, even when the refusal may endanger their health or life. Health professionals must inform the person but cannot impose treatment on them.
Who consents to care for an adult who cannot consent?
The adult's mandatary or tutor consents on their behalf. If the adult has neither, consent is given by their spouse, a close relative or a person who shows a special interest in them. That person must act in the adult's sole interest and take into account the wishes the adult expressed.
At what age can a minor consent to care alone in Quebec?
From age 14, a minor may consent alone to care required by their state of health. The parents or tutor must be informed if the minor stays in an establishment for more than 12 hours. Under 14, the parents or tutor consent.
When is court authorization required for care?
Court authorization is required notably when an incapable adult categorically refuses care, when the person authorized to consent refuses without justification, or when a minor 14 or over refuses care, except in an emergency.
Conclusion
The distinction between consent to care for adults and for minors rests on a delicate balance between individual autonomy and the protection of vulnerable persons.
While adults enjoy broad decision-making freedom, a minor's autonomy is recognized gradually, according to their age and capacity for discernment.
These questions sit at the intersection of law, ethics and health. A legal analysis adapted to the specific context often helps prevent or resolve conflicts related to consent to care. At Gaucher Ross Avocats in Lévis, we are here to guide you through these sensitive matters. Contact us or call 418-573-2929.