A Guide to Consent and Capacity Law in Ontario

ebook Volume 1

By D'Arcy Hiltz

cover image of A Guide to Consent and Capacity Law in Ontario

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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 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.

New Consent and Capacity Board Rules of Practice, in effect June 19, 2019

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 2022 Edition

  • Brand new chapter on the Child, Youth and Family Services Act, 2017 including commentary on Part X of this Act, which relates to personal health information
  • 5 new applications under this Act, about which the Consent and Capacity Board has jurisdiction to adjudicate, effective January 1, 2020
  • The Consent and Capacity Board's new policy guideline #4 entitled "Policy for Delivery of Documents to the Board and to Other Parties for CCB Hearings"
  • 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 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
  • A Guide to Consent and Capacity Law in Ontario