A Guide to Consent & Capacity Law in Ontario, 2023 Edition
This Guide assists you in navigating through the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004 and interrelated statutes.
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The Seminal Book on Consent & Capacity Law
This seminal text on consent and capacity law in Ontario assists you in navigating through the four key 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. 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 – All the pertinent law available in one source
- Extensive expert commentary – Overview of the law and practice, including insights into the individual Acts and how to apply them to your client’s advantage
- An overview of the Consent and Capacity Board – Get the edge you need to successfully plead your client’s case
Highlights of the 2023 Edition
- The Consent and Capacity Board's revised policy guidelines # 1 and 2, respectively entitled, “Right to Apply When Certificate of Involuntary Status or Renewal or Continuation is Renewed before the Board Renders a Decision” and “Arranging Legal Counsel for a Person who is the subject of an Application”
- Updated Commentary regarding the policies and procedures of the Consent and Capacity Board, including COVID-19 protocols
- Updated commentary on all other chapters, and in relation to all the legislation included in the Guide
- Updated case citations and commentary including analysis of dozens of new Consent and Capacity Board cases, and a review of appellate decisions from the Superior Court of Justice and Ontario's Court of Appeal
Who Will Benefit
- Health lawyers who represent parties before the Consent and Capacity Board 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 Mental Health Act and determine capacity issues in guardianship applications under the Substitute Decisions Act, 1992
- Hospitals and psychiatric facilities whose officers in charge need to know their duties and obligations under the Mental Health Act
- Doctors who are called upon to treat patients who may be incapable to consent under the Health Care Consent Act, 1996 and to complete psychiatric assessment applications
- Capacity assessors who assess the capacity of individuals in relation to property and personal care under the Substitute Decisions Act, 1992
- Psychiatrists who assess patients for treatment capacity on a regular basis and detain individuals under the Mental Health Act
- Consent and Capacity Board 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
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
Child, Youth and Family Services Act, 2017 – Commentary, Legislation & Forms
Mandatory Blood Testing Act, 2006 – Commentary & Legislation
Statutory Powers Procedure Act – Commentary & Legislation
Consent and Capacity Board – Commentary, Rules of Practice, Forms & Policy Guidelines
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