Ontario Consent and Capacity Legislation, 2024-2025 Edition, includes legislation, regulations, practice guidelines, and forms relating to consent and capacity law in Ontario. The new edition is an essential, portable, single-volume for medical practitioners, legal advisors, advocates, policy professionals, makers, adjudicators, and students interested in consent and capacity-related issues in Ontario.

Statutes, Regulations, and Resources

Ontario Consent and Capacity Legislation contains the following statutes, and related regulations and resources essential to the understanding of consent and capacity-related legal issues in Ontario:

Healthcare Consent Act
Mandatory Blood Testing Act, 2006
Mental Health Act
Personal Health Information Protection Act
Powers of Attorney Act
Public Hospitals Act
Quality of Care Information Protection Act, 2016
Regulated Health Professions Act
Substitute Decisions Act

The publishers have also included other relevant legislation such as the Legislation Act, 2006 and Statutory Powers Procedure Act as well as select provisions of other legislation you need to be aware of in this area of the law, such as: Fixing Long-Term Care Act, 2021, Freedom of Information and Protection of Privacy Act, and the Child, Youth and Family Services Act, 2017.

The statutes, regulations, and resources in the 2024-2025 edition are current to March 13, 2024.

New and Updated in the 2024-2025 Edition

What is been added and updated in the new edition that you need to have at your fingertips?

Mandatory Blood Testing Act, 2006, and O. Reg. 449/07
Personal Health Information Protection Act, 2004, and O. Reg. 329/04
Public Hospitals Act, and Regulation 965
Quality of Care Information Protection Act, 2016
Regulated Health Professions Act, 1991
Substitute Decisions Act, 1992
NEW IN THE 2024-2025 EDITION: Parts IV and VI of the Fixing Long-Term Care Act, 2021, and O. Reg. 246/22
NEW IN THE 2024-2025 EDITION: September 2023 Practice Direction – Policy for Deemed Applications to Review Community Treatment Orders
FORMS UPDATED IN THE 2024-2025 Edition include the following:

Form 1 Substitute Decisions Act – Application to Replace the Public Guardian and Trustee as Statutory Guardian of Property
Form 2 Substitute Decisions Act – Management Plan
Form 3 Substitute Decisions Act – Guardianship Plan
Form 4 Substitute Decisions – Request for Assessment of Capacity under Section 16
Form 5 Substitute Decisions – Statement of Grantor under Subsection 50(1)
Form 6 Substitute Decisions – Optional Statement to Appoint a Guardian of the Person under Subsection 71(1)
Form 8 Substitute Decisions – Statement to Appoint a Guardian of Property by Summary Disposition under Section 72
Form 9 Substitute Decisions – Statement to Terminate Guardianship of Property by Summary Disposition under Section 73
Form 18 Substitute Decisions Act – Application to the Board for a Review of a Finding of Incapacity to Manage Property under Subsection 20.2(1)
Form 21 Mental Health Act – Certificate of Incapacity to Manage One’s Property under Subsection 54(4)
Form 22 Mental Health Act – Financial Statement
Form 33 Mental Health Act – Notice to Patient under Subsection 59(1) of the Act and under Clauses 15(1) (a) and 15.1(a) of Regulation 741
Form 50 Mental Health Act – Confirmation of Rights Advice
Consent and Capacity Board Form 18 - Review of Capacity to Manage Property

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Ontario Consent and Capacity Legislation, 2024-2025 Edition

Ontario Consent and Capacity Legislation, 2024-2025 Edition