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Statement Of Consent Template for Canada

A Statement of Consent is a formal document used in Canadian jurisdictions to obtain and record explicit consent from individuals for specific purposes, such as personal information collection, medical procedures, or participation in activities. The document must comply with federal legislation like PIPEDA and relevant provincial privacy laws. It includes detailed information about the purpose and scope of consent, the rights of the individual, including withdrawal provisions, and clear acknowledgment of understanding. The document serves as legal evidence of informed consent and must meet both federal and provincial requirements for validity.

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What is a Statement Of Consent?

The Statement of Consent is a crucial document used across various sectors in Canada to ensure compliance with privacy laws and consent requirements. This document is essential when organizations need to obtain explicit, informed consent from individuals for collecting, using, or disclosing personal information, or for participating in specific activities. The document must align with the Personal Information Protection and Electronic Documents Act (PIPEDA) at the federal level, as well as applicable provincial privacy legislation. A Statement of Consent typically includes detailed information about the consenting parties, the specific purpose of consent, duration, withdrawal rights, and acknowledgment of understanding. It serves as a legal record of informed consent and is particularly important in contexts involving sensitive personal information, medical procedures, research participation, or significant data processing activities.

What sections should be included in a Statement Of Consent?

1. Identification of Parties: Full legal name and contact information of the person giving consent and the organization/entity receiving consent

2. Purpose of Consent: Clear statement of what the consent is being provided for, including specific activities or data handling practices

3. Scope of Consent: Detailed description of what is being consented to, including any limitations or restrictions

4. Duration of Consent: Time period for which the consent remains valid, including start date and expiry date if applicable

5. Rights and Withdrawal: Statement of the individual's rights, including the right to withdraw consent and the process for doing so

6. Acknowledgment: Confirmation that the person has read, understood, and freely agrees to the terms of consent

7. Execution: Date and signature blocks for the consenting individual and witness if required

What sections are optional to include in a Statement Of Consent?

1. Capacity Declaration: Used when there are specific requirements to establish the mental capacity of the person giving consent, particularly important in medical or legal contexts

2. Parent/Guardian Authorization: Required when the consent involves a minor or person who cannot legally provide consent themselves

3. Information Sharing: Details about how information will be shared with third parties, if applicable

4. Privacy Notice: Additional privacy-related information and declarations when the consent involves personal data handling

5. Digital Communications Consent: Specific section for consent to electronic communications, required when CASL compliance is needed

6. Risks and Benefits: Detailed section outlining potential risks and benefits, particularly important in medical or research contexts

What schedules should be included in a Statement Of Consent?

1. Schedule A - Detailed Description: Comprehensive description of the activities, procedures, or data handling practices being consented to

2. Schedule B - Privacy Policy: Organization's privacy policy or relevant excerpts when consent involves personal information

3. Appendix 1 - Specific Authorizations: List of specific items or activities being authorized through the consent

4. Appendix 2 - Contact Information: Detailed contact information for relevant parties, including emergency contacts or regulatory bodies if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Document Type

Consent Form

Cost

Free to use

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