Can parents consent on behalf of their children, and make access requests for their information? Does it matter if they have custody of the child?

March 6, 2020

A parent with custody of a child under age 16 can be the child’s substitute decision-make under Part X. This means they can consent to a collection, use or disclosure of the child’s information. They can also make access or correction requests regarding the child’s information.

There are a few exceptions, including for certain counselling records. And if the child is capable, their decision overrules that of the parent.

A non-custodial parent does not have the same rights as a custodial parent to make access requests for the child’s information, or to consent on their behalf. However, service providers may have discretion to disclose information about the child to the non-custodial parent in some cases.

Learn more about substitute decision-makers

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