Representation Agreements in British Columbia: Section 7 vs Section 9

People often hear the terms RA7 and RA9 when planning for a time they may not be able to decide for themselves. They are two kinds of representation agreement, named after the sections of the Representation Agreement Act that create them.

The Act's purpose is to let adults arrange in advance how decisions about them will be made if they become incapable, and to avoid the need for court-appointed decision makers. This article compares the two types in British Columbia in plain terms.

This article covers the law of British Columbia.

Section 7 and section 9 at a glance

A section 7 agreement uses standard provisions. A section 9 agreement uses non-standard provisions. The Public Guardian and Trustee describes a section 7 agreement as limited to a list of permitted activities, and a section 9 agreement as covering personal and health care with non-standard powers but not finances.

What each one covers

A section 7 agreement may authorize a representative to help make, or make, decisions about the adult's personal care, routine management of the adult's financial affairs, major and minor health care (except prescribed kinds), and obtaining legal services and instructing counsel. Divorce proceedings are excluded. A section 7 representative cannot be authorized to refuse health care necessary to preserve life, or to physically restrain, move or manage the adult over the adult's objection.

A section 9 agreement may authorize a representative to do anything the representative considers necessary in relation to the adult's personal care or health care. Listed powers include deciding where the adult lives and with whom, and consenting to health care. There are still limits: a representative cannot consent to certain prescribed kinds of health care, arrange temporary care for the adult's dependants, or interfere with the adult's religious practices unless expressly authorized, subject to the limits in the Act.

An enduring power of attorney is a different tool again. It deals only with legal and financial affairs.

The capacity each requires

Every adult is presumed capable until the contrary is shown, and the way an adult communicates is not, on its own, grounds for finding them incapable.

For section 7, the standard is lower. An adult may make a section 7 agreement even if they are incapable of making a contract, managing their health care, personal care or legal matters, or managing the routine of their financial affairs. All relevant factors are considered, including whether the adult communicates a desire to have a representative, shows choices and preferences, knows the representative cares about their well-being, and has a relationship with the representative characterized by trust.

For section 9, the test is higher. An adult may make a section 9 agreement unless they are incapable of understanding the nature and consequences of the proposed agreement.

Making it valid: representatives, witnesses and monitors

• A representative must be 19 or older. Paid care providers and people who work at a facility where the adult lives and receives care cannot act, although the adult's child, parent or spouse may be named even if paid to provide care.
• The agreement must be in writing and signed by the adult in the presence of 2 witnesses. A witness cannot be a representative, an alternate, or the spouse, child or parent of either.
• Only one witness is needed if the witness is a lawyer or a member of the Society of Notaries Public of British Columbia.
• For section 7, the certificates in the Representation Agreement Regulation (Forms 1 to 4, as applicable) must be completed.
• If a section 7 agreement gives authority over routine financial affairs, it must name a monitor, or that provision is invalid. No monitor is required if the representative is the adult's spouse, the Public Guardian and Trustee, a trust company or a credit union, or if two or more representatives must act unanimously.

An agreement becomes effective on the date it is executed, unless it names a later date or an event that triggers it.

Choosing between them and next steps

The right fit depends on what you want covered and the adult's capacity. If routine financial help is part of the plan, only section 7 can include it, and section 9 does not cover finances. If you want broader personal or health care powers and you understand the nature and consequences of the agreement, section 9 may suit you. Some people use both, and a lawyer can confirm how they work together.

Representatives must act honestly and in good faith, use reasonable care, stay within their authority, consult the adult about current wishes, and keep the adult's accounts and records separate. A capable adult may change or revoke an agreement at any time, following the required procedure and giving written notice.

• List the decisions you want help with: personal care, health care, routine finances.
• Choose a representative who meets the eligibility rules, and consider an alternate.
• Decide whether a monitor is needed.
• Speak with a lawyer or notary about witnessing and the required certificates.

Frequently asked questions