Health Care Consent Act, 1996

• Author: Richard D. Schneider; Caitlin Pakosh; Lora Patton
• Pages: 91-184

91

CHAPTER 2

Health Care Consent Act, 

Health Care Consent Act, , 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. 84; 2017, c.25, Sched. 5, s.54(2),

s.59; 2020, c. 13, Sched. 3, s. 3.

CONTENTS

PART I

GENERAL

. Purposes

. Interpretation

. Meaning of “excluded act”

. Capacity

. Wishes

. Research, sterilization, transplants

. Restraint, conf‌inement

PART II

TREATMENT

General

. Application of Part

. Meaning of “substitute decision-maker”

Consent to Treatment

. No treatment without consent

. Elements of consent

. Included consent

. Plan of treatment

. Withdrawal of consent

Capacity

. Capacity depends on treatment

. Return of capacity

. Information

. Treatment must not begin

. Order authorizing treatment pending appeal

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Consent on Incapable Person’s Behalf

. Consent

. Principles for giving or refusing consent

. Information

. Ancillary treatment

. Admission to hospital, etc.

Emergency Treatment

. Emergency treatment

. No treatment contrary to wishes

. Emergency treatment despite refusal

. Admission to hospital, etc.

Protection from Liability

. Protection from liability

. Person making decision on another’s behalf

. Admission to hospital, etc.

Applications to B oard

. Application for review of f‌inding of incapacity

. Application for appointment of representative

. Application with respect to place of treatment

. Application for directions

. Application to depart from wishes

. Application to determine compliance with s. 

. Deemed application concerning capacity

PART III

ADMISSION TO CARE FACILITIES

General

. Application of Part

. Def‌initions

Consent on Incapable Person’s Behalf

. Consent on incapable person’s behalf

. Determining who may give or refuse consent

. Principles for giving or refusing consent

. Information

. Ancillary decisions

. Withdrawal of consent

. Admission must not be authorized

Crisis Admission

. Authorization of admission without consent

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. Incapacity

Protection from Liability

. Apparently valid consent to admission

. Person making decision on another’s behalf

Applications to B oard

. Application for review of f‌inding of incapacity

. Application for appointment of representative

. Application for directions

. Application to depart from wishes

. Application to determine compliance with s. 

. Deemed application concerning capacity

PART III.

CONFINING IN A CARE FACILITY

General

. Application of Part

. Def‌initions

Consent on Incapable Person’s Behalf

. Consent on incapable person’s behalf

. Determining who may give or refuse consent

. Principles for giving or refusing consent

. Information

. Ancillary decisions

. Obligation when application is being made

. Incapacity information

. Apparently valid consent to conf‌ining

. Person making decision on another’s behalf

Applications to B oard

. Application for review of f‌inding of incapacity

. Application for appointment of representative

. Application for directions

. Application to depart from wishes

. Application with respect to conf‌ining

. Application by licensee to determine compliance with s. .

. Deemed application concerning capacity

. Transition, applications to the Board under Part III.