A Guide to Consent & Capacity Law in Ontario, 2017 Edition
The Seminal Book on Consent & Capacity Law*
On May 18, 2016, the Ontario government passed Bill 119, amending the Personal Health Information Protection Act. Among the many key amendments, the most significant one is the creation of the “Electronic Health Record (EHR)” which serves to support the development and maintenance of electronic health record systems of prescribed organizations.
With Bill 122 amendments to the Mental Health Act in effect as of December 31, 2015, Ontario sees substantially revised procedures under the MHA for reviewing the detention conditions of long-stay, involuntary patients. Lawyers and healthcare professionals who have to work with the MHA must understand the changes and their implications.
This seminal text on consent and capacity law in Ontario assists you in navigating through the four complex and interrelated statutes under the mandate of the Ontario Consent and Capacity Board: the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004.
Ontario’s Consent and Capacity Board adjudicates exclusively under the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004. Whether you are applying to the Board or responding to an application, this guide will assist you in navigating through these four complex and interrelated statutes and give you direction to address particular issues.
Features and Benefits:
- Full text of the Substitute Decisions Act, 1992, the Health Care Consent Act, 1996, the Mental Health Act, the Personal Health Information Protection Act, 2004, and regulations and forms – Have the pertinent law available in one source
- Extensive expert commentary – Get an overview of the law and practice and insights into the individual Acts, and apply them to your advantage
- An overview of consent and capacity law practice and the Consent and Capacity Board – Get the edge you need to successfully plead your case
Highlights of the 2017 Edition:
- Highlights of the Bill 119 amendments to the Personal Health Information Protection Act
- Extensive discussion of Bill-122 amendments to Mental Health Act which came into effect on December 31, 2015. The amendments provide for an entirely new regime of certification and review by the Board for anyone detained beyond the initial six months, or third Form 4 renewal
- Discussion of recent key decisions of the Ontario Court of Appeal and the Consent and Capacity Board
- Amendments to the Substitute Decisions Act from S.O. 2016, c. 5, Sched. 27.
- Amendments to the Health Care Consent Act from S.O. 2015, c. 36, s. 17.
- Amendments to the Statutory Powers Procedure Act from 2015, c. 23, s. 5.
- New Mental Health Act Forms
- New Substituted Decisions Act Forms
- Health lawyers who represent parties before the CCB and the courts in consent and capacity matters
- Wills and estates lawyers who advise on consent and capacity issues
- Judges and Justices of the Peace who issue orders for examination under the MHA and determine capacity issues in guardianship applications under the SDA
- Hospitals and psychiatric facilities whose officers in charge need to know their duties and obligations under the MHA
- Doctors who are called upon to treat patients who may be incapable to consent under the HCCA and to complete psychiatric assessment applications
- Capacity assessors who assess the capacity of individuals in relation to property and personal care under the SDA.
- Psychiatrists who assess patients for treatment capacity on a regular basis and detain individuals under the MHA
- CCB members who are called upon daily to determine issues of involuntary committal and capacity
- Community mental health agencies who provide care to persons subject to Community Treatment Orders and others
*As cited by the Ontario Superior Court of Justice in J.S. v. Evans, 2016 ONSC 914
Table of contents
Commentary – Consent and Capacity Law in Ontario
Substitute Decisions Act, 1992 – Commentary, Legislation & Forms
Powers of Attorney Act – Legislation
Health Care Consent Act, 1996 – Commentary, Legislation, Forms & Related Materials
Mental Health Act – Commentary, Legislation & Forms
Personal Health Information Protection Act, 2004 – Commentary, Legislation & Forms
Mandatory Blood Testing Act, 2006 – Commentary & Legislation
Statutory Powers Procedure Act – Commentary & Legislation
Consent and Capacity Board – Introduction, Rules of Practice, Forms & Policy Guidelines