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 Legislation

  • Health Care Consent Act (S.O. 1996, CHAPTER 2 Schedule A)


  • The Health Care Consent Act (HCCA), enacted in 1996, establishes the rules for determining capacity in treatment decisions and for obtaining informed, voluntary consent from either the capable patient or his or her substitute decision maker (SDM). Where a physician declares a patient incapable of making his or her own treatment decisions, the HCCA provides for a review process before the Consent and Capacity Board. The HCCA sets out who may be a substitute decision maker and the principles that must be applied by SDMs when making treatment decisions for an incapable patient.

  • Mental Health Act (R.S.O. 1990, CHAPTER M.7)

    The Mental Health Act (MHA), enacted in 1968, sets out the criteria for voluntary, informal and involuntary admission to psychiatric facilities, as well as the criteria for outpatient clients subject to Community Treatment Orders (CTOs). The MHA also requires a doctor to assess a patient's financial capacity "forthwith" following admission. The Act provides Charter of Rights and Freedoms protections to inpatients by requiring the "prompt" provision of Rights Advice and providing for a review process beofre the Consent and Capacity Board for informal and involuntary admissions, capacity to manage property and CTOs.

 

  • Substitute Decisions Act (S.O. 1992, CHAPTER 30)

    The Substitute Decisions Act (SDA), enacted in 1992, is the statute governing the granting of a power of attorney for personal care (i.e., treatment decisions) and property (i.e. finances and real estate). These legal instruments allow a capable person to appoint someone to make decisions on his or her behalf during a period of incapacity. The SDA also establishes the procedure by which another person may apply to a court to be appointed guardian when an incapable person has not written a power of attorney.

  • Personal Health Information Protection Act (S.O. 2004, CHAPTER 3 Schedule A)

    The Personal Health Information Protection Act (PHIPA), enacted in 2004, governs the collection, use and disclosure of personal health information gathered by health professionals and facilities, including doctors, nurses, and hospitals. Except for very special circumstances, PHIPA provides all patients will full rights to access and review their medical records, and to correct any inaccuracies to the record. PHIPA sets out rules for incapacity regarding health records, but there is no provision for a substitute decision maker. A person found incapable under thei legislation may also apply to the Consent and Capacity Board for a review.
   

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