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.
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
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
Mandatory Blood Testing Act, 2006 – Commentary & Legislation
Statutory Powers Procedure Act – Commentary & Legislation
Consent and Capacity Board – Introduction, Rules of Practice, Forms & Policy Guidelines
About the Authors:
D'Arcy Hiltz, B.A., LL.B., was admitted to the Ontario Bar (1983) and has been an advocate in the field of consent and capacity matters for over 33 years, acting as counsel to individuals with mental health issues, their families and physicians. For a 10-year period (1991-2001), he was Chair of the Ontario Psychiatric Review Board (Toronto East Region), the Senior Vice Chair of the Consent and Capacity Board for Ontario and the Regional Vice Chair of the Board for Toronto. He presided over thousands of hearings involving consent and capacity matters. Mr. Hiltz has taught at the University of Toronto Faculty of Law. He has published widely and is a frequent lecturer on consent and capacity, guardianship and estate matters. Mr. Hiltz is a member of the Law Reform Commission of Ontario’s Advisory Group conducting a major review of the laws concerning legal capacity, decision-making and guardianship, and is frequently appointed to act as counsel for individuals whose capacity is in issue under guardianship proceedings. Mr. Hiltz maintains a law practice in Toronto focusing on mental health law, litigation, guardianship and estate matters.
Anita Szigeti practises law as the senior lawyer in her firm, Anita Szigeti Advocates. She graduated from the University of Toronto’s Faculty of Law (1990), and was admitted to the Ontario Bar (1992) and to the Nunavut Bar (2014). Ms. Szigeti is President of the Law and Mental Disorder Association (LAMDA), a volunteer lawyer association, which provides continuing legal education and serves as an umbrella advocacy group to connect and support the civil and criminal mental health bars. She is the only Canadian Board member of the National Association of Rights Protection and Advocacy (NARPA), an American organization of legal and non-legal advocates, psychiatrists and other mental health service providers as well as individuals with lived experience of mental health issues who oppose coercion in relation to our clients. Ms. Szigeti is a Board member of Pilot Place Society, a high-support housing provider for clients with mental health issues in Toronto. She was the former Chair and remains an active member of the Criminal Lawyers’ Association’s (CLA’s) Mental Disorder Portfolio. She served as a Toronto Director of the CLA for six years from 2013-2019. For nearly 10 years (1997-2006), she was the Chair of the Mental Health Legal Committee (MHLC), an organization of lawyers who represent persons with mental health issues. She was the founding Chair and long-time member of the Mental Health Law and Policy Advisory Committee to Legal Aid Ontario.
Ms. Szigeti was Amicus Curiae in the Starson case in the Supreme Court of Canada. She has appeared as co-counsel to intervener groups in many of the leading cases in relation to Not Criminally Responsible accused. In the Supreme Court of Canada she was counsel on Review Board appeals in Tulikorpi / Pinet, Mazzei, and Conway, as well as on related appeals in Conception, Ewert and G v. A.G. (Ontario) most recently on the problematic inclusion of NCR accused on Sex Offender Registries. She was involved in founding the Amicus Curiae program for mentally disordered accused in the Court of Appeal for Ontario, where she appears frequently as counsel or Amicus Curiae to mentally disordered accused. She also teaches Trial Advocacy at the University of Toronto Faculty of Law and is a guest lecturer in their Mental Health course. Ms. Szigeti has practised mental health law exclusively since 1995 and in the process has represented thousands of individuals with serious mental health issues before the Consent and Capacity Board and the Ontario Review Board as well as on appeals from both tribunals. She has also been counsel on many high-profile Inquests, including those involving lethal interactions between police and persons in crisis. Ms. Szigeti is a frequent lecturer on issues of mental health and the law. She was involved in developing the certification standards for lawyers seeking to represent clients with mental health issues on a legal aid retainer in Ontario. She has provided substantial education and support to legal aid lawyers doing the same work in Nunavut, where she represents accused persons before the Nunavut Review Board. In addition to providing education to physicians and their counsel, she has for many years taught mental health law to families of persons with mental health issues, Crown attorneys and adjudicators, including Judges. As for her clients, she learns from them.