Act Respecting End-of-Life Care

Notice

The Act Respecting End-of-Life Care was passed on June 5, 2014 and sanctioned on June 10, 2014. The provisions of the Act that are set out on this page came into force on December 10, 2015.

Description

The Act Respecting End-of-Life Care (act in french only) sets out an overall, integrated vision of palliative and end-of-life care. It ensures that persons at the end of life can have access to quality care and support to suit their situation in the final stage of life, particularly by preventing and relieving suffering. The Act follows the recommendations of the Select Committee on Dying with Dignity.

The Act has two components:

  1. the rights of persons at the end of life, and the organization and framework of end-of-life care, which includes:
  2. recognition of the primacy of freely and clearly expressed wishes with respect to care, in particular by establishing an advance medical directives regime.

Rights of a person at the end of life

Every action taken towards a person at the end of life must be imbued with respect for them and recognition of their rights and freedoms. A person at the end of life must at all times be treated with understanding, compassion, courtesy and fairness, and with respect for their dignity, autonomy, wishes, needs, and safety. In addition, members of the care team responsible for an end-of-life patient must establish and maintain open, honest communication with them.

Right to receive end-of-life care

A person at the end of life has a right to receive the care and treatment required by their state of health and to have access to quality care in accordance with their needs, particularly to prevent and relieve their suffering.

End-of-life care is provided in institutions in the health and social services network, in palliative care hospices, and at home. Every institution or palliative care hospice must have a policy on end-of-life care specifying the nature and extent of care provided under its roof. It is important that end-of-life patients and those close to them consult this policy before choosing the place where they will receive care.

Also, institutions in the health and social services network and palliative care hospices must provide any patient at the end of life with a private room in the final days leading up to their death.

Medical aid in dying

Only a person of full age and capable of giving consent to care may request to receive medical aid in dying. No other person can do so for them. In addition, an end-of-life patient must meet all the criteria set out in the Act in order to receive this treatment.

Right to refuse or withdraw consent to care

Any patient, whether at the end of life or not, has the right to refuse a treatment or to request that a treatment be stopped. This includes the choice of being fed, of being artificially hydrated, or of receiving palliative care. Regardless of the reason for their decision, a person has the right to refuse treatment, even if this risks shortening their life. A patient’s right to end-of-life care cannot be denied because they previously refused to accept or withdrew their consent to treatment.

Right to be represented

In order to receive care, any person must freely give their informed consent to health professionals. When a person becomes incapable of giving consent to care, they can no longer take decisions regarding the care that their state of health requires. In this case, someone else may consent to care on their behalf. This someone can be their legal representative (mandatary, tutor or curator), a close relative (for example their spouse), or a person who can demonstrate that they have a particular interest in them. In all circumstances, this person must act in their interests and, as far as possible, comply with the wishes that the patient expressed when they were capable of doing so.

Right to express wishes for care

Any person, whether at the end of life or not, has the right to express their wishes for care in the event of incapacity to consent to care. They can do this by:

  • verbally informing those close to them of their wishes for care;
  • writing a living will;
  • writing down their wishes on a sheet of paper, dating it and signing it;
  • recording a video in which they express their wishes;
  • making a mandate in anticipation of incapacity;
  • expressing their wishes in a discussion with a doctor, who will record them in a levels of medical intervention form;
  • expressing their wishes through advanced medical directives.

Persons at the end of life and those close to them can at any time file a complaint regarding treatment or service received in the health and social services network with the Complaints and Service Quality Commissioner, or regarding treatment or service received from a physician outside the health and social services network with the Collège des médecins du Québec. Complaints relating to end-of-life care will be dealt with as a priority.

Commission sur les soins de fin de vie

The Act established the Commission on end-of-life care (La Commission sur les soins de fin de vie). Its mandate is to examine all matters relating to end-of-life care and to oversee the application of specific requirements relating to medical aid in dying.

You can contact the Commission:

  • by mail to
    Commission sur les soins de fin de vie
    2535, boulevard Laurier, 5e étage
    Québec (Québec) G1V 4M3
  • by email to info@csfv.gouv.qc.ca
  • by phone to 418 204-2059 or 1 844 200-2059 (toll-free)

Last update: June 10, 2016 2:00 PM

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