Health Care Consent Act, 1996

AuthorRichard D. Schneider
Pages91-171
91
Chapter 2: Health Care Consent Act, 1996
Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. A, as amended by, 1998, c. 26,
s. 104; 2000, c. 9, ss. 31–48; 2002, c. 18, Sched. A , s. 10; 2004, c. 3, Sched. A, s. 8 4.
CONTENTS
PART I
GENERAL
1. Purposes
2. Interpretation
3. Meaning of “excluded act ”
4. Capacity
5. Wishes
6. Research, sterilization, transplants
7. Restraint, conf‌i nement
PART II
TREATMENT
General
8. Application of Part
9. Meaning of “substitute decision-ma ker”
Consent to Treatment
10. No treatment without consent
11. Elements of consent
12. Included consent
13. Plan of treatment
14. Withdrawal of consent
Capacity
15. Capacity depends on treatment
16. Return of capacity
17. Information
18. Treatment must not begin
19. Order authorizing treatment pending appea l
92 ANNOTATED ONTARIO MENTAL HEALTH STATUTES
Consent on Incapable Person’s Behalf
20. Consent
21. Principles for giving or refusin g consent
22. Infor mation
23. Ancillar y treatment
24. Admission to hospital, etc.
Emergency Treatment
25. Emergency treatment
26. No treatment contrary to wishes
27. Emergency treatment despite refusal
28. Admission to hospital, etc.
Protection from Liability
29. Protection from liability
30. Person mak ing decision on another’s beh alf
31. Admission to hospital, etc.
Applications to Board
32. Application for review of f‌i nding of incapacity
33. Application for appointment of representative
34. Application with respec t to place of treatment
35. Application for d irections
36. Application to depart from wishes
37. Application to determine compliance with s. 21
37.1 Deemed application concerning capacity
PART III
ADMISSION TO CARE FACILITIES
General
38. Application of Part
39. Def‌i nitions
Consent on Incapable Person’s Behalf
40. Consent on incapable person’s behalf
41. Determining who may give or refu se consent
42. Principles for giving or ref using consent
43. Informat ion
44. Ancillary decisions
45. Withdrawal of consent
46. Admission must not be authorized
Crisis Admission
47. Authorization of admission without consent
Protection from Liability
48. Apparently val id consent to admission
49. Person makin g decision on another’s behal f
Applications to Board
50. Application for review of f‌i nding of incapacity
51. Application for appointment of representative
52. Application for directions
53. Application to depart from wishes
54. Application to determine compliance w ith s. 42
54.1 Deemed application concerning capacity
PART IV
PERSONAL ASSISTANCE SERVICES
General
55. Application of Part
56. Meaning of “substitute dec ision-maker”
Decision on Incapable Recipient’s Behalf
57. Decision on incapable recipient’s behalf
58. Determini ng who may make decision
59. Principles for making decision
60. Infor mation
61. Change of decision
62. Included consent
Protection from Liability
63. Protect ion from liability
64. Person making dec ision on recipient’s behalf
Applications to Board
65. Application for review of f‌i nding of incapacity
66. Application for appointment of representative
67. Application for directions
68. Application to depart f rom wishes
69. Application to determine compliance with s. 59
69.1 Deemed application concerning capacity

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