Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. A

• Jurisdiction: Ontario

Health Care Consent Act, 1996

S.O. 1996, Chapter 2
Schedule A

Consolidation Period: From May 18, 2023 to the e-Laws currency date.

Last amendment: 2022, c. 16, s. 9.

CONTENTS

PART I
GENERAL

Purposes

1 The purposes of this Act are,

(a) to provide rules with respect to consent to treatment that apply consistently in all settings;

(b) to facilitate treatment, admission to care facilities, and personal assistance services, for persons lacking the capacity to make decisions about such matters;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 1 (b) of the Act is amended by striking out “admission to care facilities” and substituting “admission to or confining in care facilities”. (See: 2017, c. 25, Sched. 5, s. 54 (1))

(c) to enhance the autonomy of persons for whom treatment is proposed, persons for whom admission to a care facility is proposed and persons who are to receive personal assistance services by,

(i) allowing those who have been found to be incapable to apply to a tribunal for a review of the finding,

(ii) allowing incapable persons to request that a representative of their choice be appointed by the tribunal for the purpose of making decisions on their behalf concerning treatment, admission to a care facility or personal assistance services, and

(iii) requiring that wishes with respect to treatment, admission to a care facility or personal assistance services, expressed by persons while capable and after attaining 16 years of age, be adhered to;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 1 (c) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 54 (2))

(c) to enhance the autonomy of persons for whom treatment is proposed, persons for whom admission to or confining in a care facility is proposed and persons who are to receive personal assistance services by,

(i) allowing those who have been found to be incapable to apply to a tribunal for a review of the finding,

(ii) allowing incapable persons to request that a representative of their choice be appointed by the tribunal for the purpose of making decisions on their behalf concerning treatment, admission to or confining in a care facility or personal assistance services, and

(iii) requiring that wishes with respect to treatment, admission to or confining in a care facility or personal assistance services, expressed by persons while capable and after attaining 16 years of age, be adhered to;

(d) to promote communication and understanding between health practitioners and their patients or clients;

(e) to ensure a significant role for supportive family members when a person lacks the capacity to make a decision about a treatment, admission to a care facility or a personal assistance service; and

(f) to permit intervention by the Public Guardian and Trustee only as a last resort in decisions on behalf of incapable persons concerning treatment, admission to a care facility or personal assistance services. 1996, c. 2, Sched. A, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, clauses (e) and (f) of the Act are repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 54 (2))

(e) to ensure a significant role for supportive family members when a person lacks the capacity to make a decision about a treatment, an admission to or a confining in a care facility or a personal assistance service; and

(f) to permit intervention by the Public Guardian and Trustee only as a last resort in decisions on behalf of incapable persons concerning treatment, admission to or confining in a care facility or personal assistance services.

Section Amendments with date in force (d/m/y)

2017, c. 25, Sched. 5, s. 54 (1, 2) - not in force

Interpretation

2 (1) In this Act,

“attorney for personal care” means an attorney under a power of attorney for personal care given under the Substitute Decisions Act, 1992; (“procureur au soin de la personne”)

“Board” means the Consent and Capacity Board; (“Commission”)

“capable” means mentally capable, and “capacity” has a corresponding meaning; (“capable”, “capacité”)

“care facility” means,

(a) a long-term care home as defined in the Fixing Long-Term Care Act, 2021, or

(b) a facility prescribed by the regulations as a care facility; (“établissement de soins”)

“community treatment plan” has the same meaning as in the Mental Health Act; (“plan de traitement en milieu communautaire”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (1) of the Act is amended by adding the following definition: (See: 2017, c. 25, Sched. 5, s. 55 (1))

“confining in a care facility” and related expressions when used in this Part and Part III.1 have the meaning or meanings provided for in the regulations; (“confinement dans un établissement de soins”)

“course of treatment” means a series or sequence of similar treatments administered to a person over a period of time for a particular health problem; (“série de traitements”)

“evaluator” means, in the circumstances prescribed by the regulations,

(a) a member of the College of Audiologists and Speech-Language Pathologists of Ontario,

(b) a member of the College of Dietitians of Ontario,

(c) a member of the College of Nurses of Ontario,

(d) a member of the College of Occupational Therapists of Ontario,

(e) a member of the College of Physicians and Surgeons of Ontario,

(f) a member of the College of Physiotherapists of Ontario,

(g) a member of the College of Psychologists of Ontario, or

(h) a member of a category of persons prescribed by the regulations as evaluators; (“appréciateur”)

“guardian of the person” means a guardian of the person appointed under the Substitute Decisions Act, 1992; (“tuteur à la personne”)

“health practitioner” means a member of a College under the Regulated Health Professions Act, 1991 or a member of a category of persons prescribed by the regulations as health practitioners; (“praticien de la santé”)

“hospital” means a private hospital as defined in the Private Hospitals Act or a hospital as defined in the Public Hospitals Act; (“hôpital”)

“incapable” means mentally incapable, and “incapacity” has a corresponding meaning; (“incapable”, “incapacité”)

“mental disorder” has the same meaning as in the Mental Health Act; (“trouble mental”)

“personal assistance service” means assistance with or supervision of hygiene, washing, dressing, grooming, eating, drinking, elimination, ambulation, positioning or any other routine activity of living, and includes a group of personal assistance services or a plan setting out personal assistance services to be provided to a person, but does not include anything prescribed by the regulations as not constituting a personal assistance service; (“service d’aide personnelle”)

“plan of treatment” means a plan that,

(a) is developed by one or more health practitioners,

(b) deals with one or more of the health problems that a person has and may, in addition, deal with one or more of the health problems that the person is likely to have in the future given the person’s current health condition, and

(c) provides for the administration to the person of various treatments or courses of treatment and may, in addition, provide for the withholding or withdrawal of treatment in light of the person’s current health condition; (“plan de traitement”)

“psychiatric facility” has the same meaning as in the Mental Health Act; (“établissement psychiatrique”)

“recipient” means a person who is to be provided with one or more personal assistance services,

(a) in a long-term care home as defined in the Fixing Long-Term Care Act, 2021,

(b) in a place prescribed by the regulations in the circumstances prescribed by the regulations,

(c) under a program prescribed by the regulations in the circumstances prescribed by the regulations, or

(d) by a provider prescribed by the regulations in the circumstances prescribed by the regulations; (“bénéficiaire”)

“regulations” means the regulations made under this Act; (“règlements”)

“treatment” means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health-related purpose, and includes a course of treatment, plan of treatment or community treatment plan, but does not include,

(a) the assessment for the purpose of this Act of a person’s capacity with respect to a treatment, admission to a care facility or a personal assistance service, the assessment for the purpose of the Substitute Decisions Act, 1992 of a person’s capacity to manage property or a person’s capacity for personal care, or the assessment of a person’s capacity for any other purpose,

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “treatment” in subsection 2 (1) of the Act is amended by striking out “admission to a care facility” in clause (a), and substituting “admission to or confining in a care facility”. (See: 2017, c. 25, Sched. 5, s. 55 (2))

(b) the assessment or examination of a person to determine the general nature of the person’s condition,

(c) the taking of a person’s health history,

(d) the communication of an assessment or diagnosis,

(e) the admission of a person to a hospital or other facility,

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “treatment” in subsection 2 (1) of the Act is amended by adding the following clause: (See: 2017, c. 25, Sched. 5, s. 55 (2))

(e.1) a person’s confining in a care facility,

(f) a personal assistance service,

(g) a treatment that in the circumstances poses little or no risk of harm to the person,

(h) anything prescribed by the regulations as not constituting treatment. (“traitement”) 1996, c. 2, Sched. A, s. 2 (1); 2000, c. 9, s. 31; 2007, c. 8, s. 207 (1); 2009, c. 26, ss. 10 (1, 2); 2009, c. 33, Sched. 18, s. 10 (1)...