What is the legal test for obtaining consent from third parties under section 19(2) of the Health and Social Care Act?
Canada (Federal), Canada
The following excerpt is from Fontaine v. Royal Canadian Mounted Police, 2009 FCA 150 (CanLII):
It is necessary to state from the outset that, if there is an obligation under subsection 19(2) of the Act to seek consent from third parties, the onus is not upon the court but upon the federal institution concerned: see Ruby v. Canada (Solicitor General), 2000 CanLII 17145 (FCA), [2000] 3 F.C. 589 (F.C.A.), at paragraphs 109 and 110.
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