# Who Can Consent for a Child Under BC Privacy Law? > BC's privacy law sets no fixed age of consent. Here is how to think about a child's capacity, when you need a parent or guardian, and who counts as one. Published: 2026-09-04 Author: Andrey (OpenCommunity Team) ## Key takeaways - BC's PIPA does not set a minimum age of consent; it asks whether the individual can understand what they are agreeing to. - For most children in community programs, consent comes from a parent or guardian, and age 12 is a common reference point, not a hard line. - Who counts as a guardian is defined by BC's Family Law Act, which usually means the parents but can change with a court order or agreement. ## Why consent is the heart of it Almost everything you do with personal information under PIPA rests on consent: you collect, use, and disclose it with the individual's agreement, unless a specific exception applies. That raises an obvious question for a children's program: can a seven-year-old consent to anything? Usually not in a meaningful way, which is why parental or guardian consent matters so much here. Getting it right protects the child, respects the family, and keeps your organization on solid ground. ## BC sets no magic age Unlike some laws that pick a birthday, BC's PIPA does not set a minimum age of consent. Instead it asks whether the individual can understand the nature and consequences of what they are consenting to. The BC OIPC has said age 12 is generally recognized as old enough for a minor to consent, but it stresses this depends on the individual and the circumstances. In a community program, most children are younger than that, so in practice you will rely on a parent or guardian. For an older youth, consider whether they can understand the specific choice in front of them. > Tip: Even when an older youth can consent, it is often sensible to involve a parent too, especially if your privacy practices are complex to explain. ## Who actually counts as a guardian When a child cannot consent for themselves, PIPA allows an authorized person, such as a guardian, to consent on their behalf. Who that is comes from BC's **Family Law Act**. Generally, a child's parents are their guardians, but there are wrinkles worth knowing: - Guardianship can be changed by a court order or an agreement, so a parent is not automatically a guardian in every situation. - A parent who has never lived with the child is generally not considered a guardian, unless they regularly care for the child or an order or agreement says otherwise. - More than one person can be a guardian, which matters in shared-custody families. You do not need to become a family-law expert. You do need a sensible way to record who is authorized to enrol a child, and to be alert when a custody situation looks complicated. ## Getting consent the right way Good consent is specific and understandable. A few practices help: 1. Say what you collect and why, in plain language, at the point of sign-up. See [how to explain data collection to community members](https://opencommunity.ca/blog/how-to-explain-data-collection-to-participants/index.md) for wording that works. 2. Separate the essentials from the optional. Consent to a photo being posted online is a different decision from consent to record an allergy. 3. Record what was agreed, by whom, and when, so you can honour it later. 4. Make it easy to change. A family can withdraw consent for future use, and you should have a way to act on that. Recording consent cleanly at sign-up is far easier than reconstructing it later, and it connects directly to collecting less in the first place. For what actually counts as a child's personal information, see [protecting children's personal information in BC programs](https://opencommunity.ca/blog/protecting-childrens-personal-information-community-programs-bc/index.md). ## How other provinces differ If you operate outside BC, the picture shifts. The federal privacy regulator takes the view that, in all but exceptional cases, a child under 13 cannot meaningfully consent, so a parent or guardian must. Alberta, like BC, looks at capacity rather than a fixed age. Quebec's Law 25 has its own rules for minors. If your programs cross provincial lines, check the rule for each place you operate rather than assuming BC's approach applies everywhere. > Note: This article is general information only and is not legal, financial, or professional advice. For questions about your organization's obligations, consult a qualified professional or the relevant government resource (for example, the CRA for registered charity matters, or your provincial or territorial registry for nonprofit governance). ## Questions and answers ### What is the age of consent for privacy in BC? PIPA does not set a fixed age. It asks whether the person can understand what they are consenting to. The BC OIPC has pointed to age 12 as a general reference point, but it depends on the child and the situation. ### Who can give consent for a young child? A parent or guardian. Under BC's Family Law Act, parents are usually guardians, though a court order or agreement can change that. ### What if a child's parents share custody? More than one person can be a guardian, so more than one person may be able to consent. When custody looks complicated, record who is authorized to enrol the child and seek guidance if you are unsure. ### Can a teenager consent for themselves? Possibly, if they can understand the specific decision. Even then, it is often wise to involve a parent, especially where your privacy practices are hard to explain. ### Is the rule the same across Canada? No. The federal approach treats under-13s as generally unable to consent, while BC and Alberta look at capacity. Quebec has its own rules. Check the law where you operate. ## More from OpenCommunity - [All resources](https://opencommunity.ca/blog/index.md): Browse every published guide. - [OpenCommunity features](https://opencommunity.ca/features/index.md): Explore the platform.