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