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.

 

Highlights of This New Edition

• Discussion of the pilot project recently implemented by the Consent and Capacity Board that purports to experiment with different procedural models during the hearing process
• Recent key court and Consent and Capacity Board decisions 

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

Also includes the following:

•  Powers of Attorney Act
• Statutory Powers Procedure Act
• Consent and Capacity Board’s Rules of Practice and forms
• Relevant professional guidelines from the College of Nurses of Ontario, College of Physicians and Surgeons of Ontario, and Ontario College of Social Workers and Social Service Workers

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

Add This Resource to Your Library

 

Butterworths A Guide to Consent & Capacity Law in Ontario, 2010 Edition is your guide to the law, prepared by the foremost experts in the field. Order your copy today!