jswizzle3737/ontario_laws_and_regs huggingface dataset:
57 (1) If a recipient is found by an evaluator to be incapable with respect to a personal assistance service, a decision concerning the service may be made on the recipient’s behalf by his or her substitute decision-maker in accordance with this Act.  1996, c. 2, Sched. A, s. 57 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57 (1) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 61) Decision on incapable recipient’s behalf (1) If a recipient is found by an evaluator to be incapable with respect to a personal assistance service, (a) a decision concerning the service may be made on the recipient’s behalf by the recipient’s substitute decision-maker in accordance with this Act; and (b) the person who is proposing to provide the service shall not rely on the consent of the substitute decision-maker unless the person is of the opinion that the recipient’s substitute decision-maker has given consent on the recipient’s behalf in accordance with this Act. 2017, c. 25, Sched. 5, s. 61. Opinion of Board or court governs (2) If a recipient who is found by an evaluator to be incapable with respect to a personal assistance service is found to be capable with respect to the service by the Board on an application for review of the evaluator’s finding, or by a court on an appeal of the Board’s decision, subsection (1) does not apply.  1996, c. 2, Sched. A, s. 57 (2). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 207 (14) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017 2017, c. 25, Sched. 5, s. 53 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017; 2017, c. 25, Sched. 5, s. 61 - not in force
58 For the purpose of determining who is authorized to make a decision concerning a personal assistance service on behalf of a recipient who is incapable with respect to the service, (a) section 20, except subsections 20 (5) and (6), applies with necessary modifications; (b) if no person described in subsection 20 (1) meets the requirements of subsection 20 (2), the Public Guardian and Trustee may make the decision concerning the personal assistance service; and (c) if two or more persons who are described in the same paragraph of subsection 20 (1) and who meet the requirements of subsection 20 (2) disagree about the decision to be made concerning the personal assistance service, and if their claims rank ahead of all others, the Public Guardian and Trustee may make the decision in their stead.  1996, c. 2, Sched. A, s. 58.
59 (1) A person who makes a decision on an incapable recipient’s behalf concerning a personal assistance service shall do so in accordance with the following principles: 1. If the person knows of a wish applicable to the circumstances that the recipient expressed while capable and after attaining 16 years of age, the person shall make the decision in accordance with the wish. 2. If the person does not know of a wish applicable to the circumstances that the recipient expressed while capable and after attaining 16 years of age, or if it is impossible to comply with the wish, the person shall act in the recipient’s best interests.  1996, c. 2, Sched. A, s. 59 (1). Best interests (2) In deciding what the recipient’s best interests are, the person shall take into consideration, (a) the values and beliefs that the person knows the recipient held when capable and believes he or she would still act on if capable; (b) any wishes expressed by the recipient with respect to the personal assistance service that are not required to be followed under paragraph 1 of subsection (1); and (c) the following factors: 1. Whether the personal assistance service is likely to, i. improve the quality of the recipient’s life, ii. prevent the quality of the recipient’s life from deteriorating, or iii. reduce the extent to which, or the rate at which, the quality of the recipient’s life is likely to deteriorate. 2. Whether the quality of the recipient’s life is likely to improve, remain the same or deteriorate without the personal assistance service. 3. Whether the benefit the recipient is expected to obtain from the personal assistance service outweighs the risk of harm to him or her. 4. Whether a less restrictive or less intrusive personal assistance service would be as beneficial as the personal assistance service that is the subject of the decision. 5. Whether the personal assistance service fosters the recipient’s independence.  1996, c. 2, Sched. A, s. 59 (2). Confinement, monitoring devices, restraint (3) Subject to paragraph 1 of subsection (1), the person shall not give consent on the recipient’s behalf to the use of confinement, monitoring devices or means of restraint, unless the practice is essential to prevent serious bodily harm to the recipient or to others, or allows the recipient greater freedom or enjoyment.  1996, c. 2, Sched. A, s. 59 (3). Participation (4) The person shall encourage the recipient to participate, to the best of his or her abilities, in the person’s decision concerning the personal assistance service.  1996, c. 2, Sched. A, s. 59 (4).
60 (1) Before making a decision on an incapable recipient’s behalf concerning a personal assistance service, a substitute decision-maker is entitled to receive all the information required in order to make the decision.  1996, c. 2, Sched. A, s. 60. Conflict (2) Subsection (1) prevails despite anything to the contrary in the Personal Health Information Protection Act, 2004.  2004, c. 3, Sched. A, s. 84 (10). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 84 (10) - 1/11/2004
61 Authority to make a decision on an incapable recipient’s behalf concerning a personal assistance service includes authority to change the decision at any time.  1996, c. 2, Sched. A, s. 61.
62 Unless it is not reasonable to do so in the circumstances, a person who provides a personal assistance service to a recipient is entitled to presume that consent to a personal assistance service includes consent to variations or adjustments in the service, if the nature and risks of the changed service are not significantly different from the nature and risks of the original service.  1996, c. 2, Sched. A, s. 62.
62.1 An evaluator shall, in the circumstances and manner specified in guidelines established by the governing body of the evaluator’s profession, provide to persons found by the evaluator to be incapable with respect to a personal assistance service such information about the consequences of the findings as is specified in the guidelines.  2007, c. 8, s. 207 (15). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 207 (15) - 1/07/2010 Protection from Liability Protection from liability
63 (1) If a person provides a personal assistance service to a recipient in accordance with a decision made on the recipient’s behalf that the person believes, on reasonable grounds and in good faith, to be sufficient for the purpose of this Act, the person is not liable for providing the personal assistance service without consent.  1996, c. 2, Sched. A, s. 63 (1). Personal assistance service not provided (2) If a person does not provide a personal assistance service to a recipient because of a decision made on the recipient’s behalf that the person believes, on reasonable grounds and in good faith, to be sufficient for the purpose of this Act, the person is not liable for failing to provide the personal assistance service.  1996, c. 2, Sched. A, s. 63 (2). Reliance on assertion (3) If a person who makes a decision on an incapable recipient’s behalf concerning a personal assistance service asserts that he or she, (a) is a person described in subsection 20 (1), as it applies for the purpose of section 58; (b) meets the requirement of clause 20 (2) (b) or (c), as it applies for the purpose of section 58; or (c) holds the opinions required under subsection 20 (4), as it applies for the purpose of section 58, a person who provides a personal assistance service to the recipient is entitled to rely on the accuracy of the assertion, unless it is not reasonable to do so in the circumstances.  1996, c. 2, Sched. A, s. 63 (3).
64 A person who makes a decision on a recipient’s behalf concerning a personal assistance service, acting in good faith and in accordance with this Act, is not liable for making the decision.  1996, c. 2, Sched. A, s. 64. Applications to Board
65 (1) A recipient may apply to the Board for a review of an evaluator’s finding that he or she is incapable with respect to a personal assistance service.  1996, c. 2, Sched. A, s. 65 (1). Exception (2) Subsection (1) does not apply to, (a) a recipient who has a guardian of the person, if the guardian has authority to make a decision concerning the personal assistance service; (b) a recipient who has an attorney for personal care, if the power of attorney contains a provision waiving the recipient’s right to apply for the review and the provision is effective under subsection 50 (1) of the Substitute Decisions Act, 1992.  1996, c. 2, Sched. A, s. 65 (2). Parties (3) The parties to the application are: 1. The recipient applying for the review. 2. The evaluator. 3. The member of the service provider’s staff who is responsible for the personal assistance service. 4. Any other person whom the Board specifies.  1996, c. 2, Sched. A, s. 65 (3). Subss. 32 (4) to (7) apply (4) Subsections 32 (4) to (7) apply, with necessary modifications, to an application under this section.  1996, c. 2, Sched. A, s. 65 (4); 2000, c. 9, s. 42. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 42
- 1/12/2000
66 (1) A recipient who is 16 years old or older and who is incapable with respect to a personal assistance service may apply to the Board for appointment of a representative to make a decision on his or her behalf concerning the service.  1996, c. 2, Sched. A, s. 66 (1). Application by proposed representative (2) A person who is 16 years old or older may apply to the Board to have himself or herself appointed as the representative of a recipient who is incapable with respect to a personal assistance service, to make a decision on behalf of the recipient concerning the service.  1996, c. 2, Sched. A, s. 66 (2). Exception (3) Subsections (1) and (2) do not apply if the recipient has a guardian of the person who has authority to make decisions concerning the personal assistance service, or an attorney for personal care under a power of attorney conferring that authority.  1996, c. 2, Sched. A, s. 66 (3). Parties (4) The parties to the application are: 1. The recipient. 2. The proposed representative named in the application. 3. Every person who is described in paragraph 4, 5, 6 or 7 of subsection 20 (1), as it applies for the purpose of section 58. 4. The member of the service provider’s staff who is responsible for the personal assistance service. 5. Any other person whom the Board specifies.  1996, c. 2, Sched. A, s. 66 (4). Appointment (5) In an appointment under this section, the Board may authorize the representative to make a decision on the recipient’s behalf, (a) concerning the personal assistance service; or (b) concerning any personal assistance service, or any of several personal assistance services or kinds of personal assistance services specified by the Board, whenever a decision is sought concerning that service or a service of that kind and an evaluator finds that the recipient is incapable with respect to it.  1996, c. 2, Sched. A, s. 66 (5). Subss. 33 (6) to (8) apply (6) Subsections 33 (6) to (8) apply, with necessary modifications, to an appointment under this section.  1996, c. 2, Sched. A, s. 66 (6).
67 (1) A substitute decision-maker or the member of a service provider’s staff who is responsible for the personal assistance service may apply to the Board for directions if the incapable recipient expressed a wish with respect to the personal assistance service, but, (a) the wish is not clear; (b) it is not clear whether the wish is applicable to the circumstances; (c) it is not clear whether the wish was expressed while the recipient was capable; or (d) it is not clear whether the wish was expressed after the recipient attained 16 years of age.  1996, c. 2, Sched. A, s. 67 (1); 2000, c. 9, s. 43 (1). Notice to substitute decision-maker (1.1) If the member of the service provider’s staff responsible for the personal assistance service intends to apply under subsection (1), the member shall inform the substitute decision-maker of his or her intention before doing so.  2000, c. 9, s. 43 (2). Parties (2) The parties to the application are: 1. The substitute decision-maker. 2. The recipient. 3. The member of the service provider’s staff who is responsible for the personal assistance service. 4. Any other person whom the Board specifies.  1996, c. 2, Sched. A, s. 67 (2). Directions (3) The Board may give directions and, in doing so, shall apply section 59.  2000, c. 9, s. 43 (3). Section Amendments with date in force (d/m/y) 2000, c. 9, s. 43
- 1/12/2000
68 (1) If a substitute decision-maker is required by paragraph 1 of subsection 59 (1) to refuse consent to a personal assistance service because of a wish expressed by the incapable recipient while capable and after attaining 16 years of age, (a) the substitute decision-maker may apply to the Board for permission to consent to the personal assistance service despite the wish; or (b) the member of the service provider’s staff who is responsible for the personal assistance service may apply to the Board to obtain permission for the substitute decision-maker to consent to the personal assistance service despite the wish.  2000, c. 9, s. 44 (1). Notice to substitute decision-maker (1.1) If the member of the service provider’s staff who is responsible for the personal assistance service intends to apply under subsection (1), the member shall inform the substitute decision-maker of his or her intention before doing so.  2000, c. 9, s. 44 (2). Parties (2) The parties to the application are: 1. The substitute decision-maker. 2. The recipient. 3. The member of the service provider’s staff who is responsible for the personal assistance service. 4. Any other person whom the Board specifies.  1996, c. 2, Sched. A, s. 68 (2). Criteria for permission (3) The Board may give the substitute decision-maker permission to consent to the personal assistance service despite the wish if it is satisfied that the recipient, if capable, would probably give consent because the likely result of the personal assistance service is significantly better than would have been anticipated in comparable circumstances at the time the wish was expressed.  1996, c. 2, Sched. A, s. 68 (3). Section Amendments with date in force (d/m/y) 2000, c. 9, s. 44
- 1/12/2000
69 (1) If a decision concerning a personal assistance service is made on an incapable recipient’s behalf by his or her substitute decision-maker and, if the member of the service provider’s staff who is responsible for the personal assistance service is of the opinion that the substitute decision-maker did not comply with section 59, the member of the service provider’s staff who is responsible for the personal assistance service may apply to the Board for a determination as to whether the substitute decision-maker complied with section 59.  1996, c. 2, Sched. A, s. 69 (1). Parties (2) The parties to the application are: 1. The member of the service provider’s staff who is responsible for the personal assistance service. 2. The recipient. 3. The substitute decision-maker. 4. Any other person whom the Board specifies.  1996, c. 2, Sched. A, s. 69 (2). Power of Board (3) In determining whether the substitute decision-maker complied with section 59, the Board may substitute its opinion for that of the substitute decision-maker.  1996, c. 2, Sched. A, s. 69 (3). Directions (4) If the Board determines that the substitute decision-maker did not comply with section 59, it may give him or her directions and, in doing so, shall apply section 59.  1996, c. 2, Sched. A, s. 69 (4). Time for compliance (5) The Board shall specify the time within which its directions must be complied with.  1996, c. 2, Sched. A, s. 69 (5). Deemed not authorized (6) If the substitute decision-maker does not comply with the Board’s directions within the time specified by the Board, he or she shall be deemed not to meet the requirements of subsection 20 (2), as it applies for the purpose of section 58.  1996, c. 2, Sched. A, s. 69 (6). Subsequent substitute decision-maker (6.1) If, under subsection (6), the substitute decision-maker is deemed not to meet the requirements of subsection 20 (2), any subsequent substitute decision-maker shall, subject to subsections (6.2) and (6.3), comply with the directions given by the Board on the application within the time specified by the Board.  2000, c. 9, s. 45. Application for directions (6.2) If a subsequent substitute decision-maker knows of a wish expressed by the incapable person with respect to the personal assistance service, the substitute decision-maker may, with leave of the Board, apply to the Board for directions under section 67.  2000, c. 9, s. 45. Inconsistent directions (6.3) Directions given by the Board under section 67 on a subsequent substitute decision-maker’s application brought with leave under subsection (6.2) prevail over inconsistent directions given under subsection (4) to the extent of the inconsistency.  2000, c. 9, s. 45. P.G.T. (7) If the substitute decision-maker who is given directions is the Public Guardian and Trustee, he or she is required to comply with the directions, and subsection (6) does not apply to him or her.  1996, c. 2, Sched. A, s. 69 (7). Section Amendments with date in force (d/m/y) 2000, c. 9, s. 45
- 1/12/2000
69.1 An application to the Board under section 66, 67, 68 or 69 shall be deemed to include an application to the Board under section 65 with respect to the person’s capacity to consent to a personal assistance service unless the person’s capacity to consent to such service has been determined by the Board within the previous six months.  2000, c. 9, s. 46. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 46
- 1/12/2000 PART V   CONSENT AND CAPACITY BOARD
70 (1) The board known as the Consent and Capacity Review Board in English and as Commission de révision du consentement et de la capacité in French is continued under the name Consent and Capacity Board in English and Commission du consentement et de la capacité in French.  1996, c. 2, Sched. A, s. 70 (1). Composition (2) The members of the Board shall be appointed by the Lieutenant Governor in Council.  1996, c. 2, Sched. A, s. 70 (2). (3) Repealed:  2006, c. 34, s. 34. Remuneration and expenses (4) The members of the Board shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Act.  1996, c. 2, Sched. A, s. 70 (4). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 34
- 20/12/2006
70.1 (1) The Board shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation.  2006, c. 19, Sched. L, s. 2. Same (2) Subsection (1) shall be deemed always to have applied to the Board, but its enactment does not affect any proceeding that was finally determined before the date on which this section came into force.  2006, c. 19, Sched. L, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. L, s. 2 - 22/06/2006
71 (1) The Lieutenant Governor in Council shall designate one of the members of the Board as chair and one or more others as vice-chairs.  1996, c. 2, Sched. A, s. 71 (1). Role of chair (2) The chair is the chief executive officer of the Board.  1996, c. 2, Sched. A, s. 71 (2). Power to specify qualifications (3) The chair may specify qualifications, for the purpose of clause 73 (2) (d) or (2.1) (b), that must be met by members of the Board before they may be assigned to sit alone to deal with particular applications.  1996, c. 2, Sched. A, s. 71 (3);  2006, c. 26, s. 14 (1). Role of vice-chair (4) If the chair is unable to act as such for any reason, the vice-chair (if there are two or more vice-chairs, the one whom the chair designates to replace him or her or, in the absence of a designation, the one who was appointed to the Board first) shall act in the chair’s place.  1996, c. 2, Sched. A, s. 71 (4). Same (5) A vice-chair also has the powers and duties that the chair delegates to him or her in writing.  1996, c. 2, Sched. A, s. 71 (5). Section Amendments with date in force (d/m/y) 2006, c. 26, s. 14 (1)
- 10/08/2007
71.1 No proceeding for damages shall be commenced against the Board, a member, employee or agent of the Board or anyone acting under the authority of the chair of the Board for any act done in good faith in the performance or intended performance of the person’s duty or for any alleged neglect or default in the performance in good faith of the person’s duty.  2000, c. 9, s. 47. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 47
- 1/12/2000
72 (1) Such employees as are necessary for the proper conduct of the Board’s work may be appointed under Part III of the Public Service of Ontario Act, 2006.  1996, c. 2, Sched. A, s. 72 (1); 2006, c. 35, Sched. C, s. 52. Government services and facilities (2) The Board shall, if appropriate, use the services and facilities of a ministry or agency of the Government of Ontario.  1996, c. 2, Sched. A, s. 72 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 52 - 20/08/2007
73 (1) The chair shall assign the members of the Board to sit alone or in panels of three or five members to deal with particular applications.  1996, c. 2, Sched. A, s. 73 (1). Qualifications of member sitting alone (2) A member of the Board may be assigned to sit alone to deal with an application only if, (a) throughout the two-year period immediately preceding the assignment, he or she has been a member of the Board or of the review board established by section 37 of the Mental Health Act, as it read before the day subsection 20 (23) of the Consent and Capacity Statute Law Amendment Act, 1992 came into force; (b) he or she is a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor and, throughout the 10-year period immediately preceding the assignment, he or she has been, (i) a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor, or (ii) a member of the Law Society of Ontario and, subsequently, a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor; (c) in the case of an application for a review of a finding of incapacity, he or she has experience that, in the opinion of the chair, is relevant to adjudicating capacity; and (d) he or she meets all of the other qualifications specified by the chair under subsection 71 (3).  1996, c. 2, Sched. A, s. 73 (2); 2006, c. 21, Sched. C, s. 111 (1); 2018, c. 8, Sched. 15, s. 10. Same (2.1) Despite subsection (2), in the case of an application referred to the Board under the Mandatory Blood Testing Act, 2006, a member of the Board may be assigned to sit alone to deal with the application if, (a) he or she has expertise, in the opinion of the chair, in blood-borne pathogens; and (b) he or she meets all of the other qualifications specified by the chair under subsection 71 (3).  2006, c. 26, s. 14 (2). Panel proceedings (3) If a panel is assigned to deal with an application, (a) the chair shall designate one member of the panel to preside over the hearing to be conducted by the panel in relation to the application; and (b) a majority of the members of the panel constitutes a quorum.  1996, c. 2, Sched. A, s. 73 (3). Decision of Board (4) If a member of the Board is assigned to sit alone to deal with an application, the decision of the member is the decision of the Board, and if a panel is assigned to deal with an application, the decision of a majority of the members of the panel is the decision of the Board.  1996, c. 2, Sched. A, s. 73 (4). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 111 (1) - 1/05/2007; 2006, c. 26, s. 14 (2)
- 10/08/2007 2018, c. 8, Sched. 15, s. 10 - 08/05/2018
74 (1) A member of the Board shall not take part in the hearing of a matter that concerns a person who is or was the member’s patient or client.  1996, c. 2, Sched. A, s. 74 (1). Same (2) A member of the Board who is an officer or employee of a hospital or other facility or has a direct financial interest in such a facility shall not take part in the hearing of a matter that concerns a person who is a patient of the facility or who resides in the facility.  1996, c. 2, Sched. A, s. 74 (2). Application hearings
75 (1) When the Board receives an application, it shall promptly fix a time and place for a hearing.  1996, c. 2, Sched. A, s. 75 (1). Hearing to begin within seven days (2) The hearing shall begin within seven days after the day the Board receives the application, unless the parties agree to a postponement.  1996, c. 2, Sched. A, s. 75 (2). (2.1) Repealed: 2015, c. 36, s. 17. Decision (3) The Board shall render its decision and provide a copy of the decision to each party or the person who represented the party within one day after the day the hearing ends.  2006, c. 21, Sched. C, s. 111 (2). Reasons (4) If, within 30 days after the day the hearing ends, the Board receives a request from any of the parties for reasons for its decision, the Board shall, within four business days after the day the request is received, (a) issue written reasons for its decision; and (b) provide a copy of the reasons to each person who received a copy of the decision under subsection (3).  2006, c. 21, Sched. C, s. 111 (2); 2009, c. 33, Sched. 18, s. 10 (2). Notice of right to request reasons (5) The Board shall advise all parties to the application that each party has a right to request reasons for the Board’s decision.  1996, c. 2, Sched. A, s. 75 (5). Method of sending decision and reasons (6) Despite subsection 18 (1) of the Statutory Powers Procedure Act, the Board shall send the copy of the decision and, if reasons are required to be issued under subsection (4), the copy of the reasons, (a) by electronic transmission; (b) by telephone transmission of a facsimile; or (c) by some other method that allows proof of receipt, in accordance with the tribunal’s rules made under section 25.1 of the Statutory Powers Procedure Act.  1996, c. 2, Sched. A, s. 75 (6). Deemed day of receipt (7) Despite subsection 18 (3) of the Statutory Powers Procedure Act, if the copy is sent by electronic transmission or by telephone transmission of a facsimile, it shall be deemed to be received on the day that it was sent, unless that day is a holiday, in which case the copy shall be deemed to be received on the next day that is not a holiday.  1996, c. 2, Sched. A, s. 75 (7). Exception (8) If a party that acts in good faith does not, through absence, accident, illness or other cause beyond the party’s control, receive the copy until a date that is later than the deemed day of receipt, the actual date of receipt governs.  1996, c. 2, Sched. A, s. 75 (8). Meaning of “business day” (9) In subsection (4), “business day” means any day other than Saturday or a holiday.  1996, c. 2, Sched. A, s. 75 (9). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 111 (2) - 1/05/2007 2009, c. 33, Sched. 18, s. 10 (2) - 15/12/2009 2010, c. 1, Sched. 9, s. 1 - 18/05/2010 2015, c. 36, s. 17
- 21/12/2015
76 (1) Before the hearing, the parties shall be given an opportunity to examine and copy any documentary evidence that will be produced and any report whose contents will be given in evidence.  1996, c. 2, Sched. A, s. 76 (1). Health record (2) The party who is the subject of the treatment, the admission or the personal assistance service, as the case may be, and the person authorized under the Law Society Act to represent him or her are entitled to examine and to copy, at their own expense, any medical or other health record prepared in respect of the party, subject to subsections 35 (6) and (7) of the Mental Health Act
(withholding record of personal health information) and subsections 294 (2) to (6) of the Child, Youth and Family Services Act, 2017 (withholding record of mental disorder).  2004, c. 3, Sched. A, s. 84 (11); 2006, c. 21, Sched. C, s. 111 (3); 2007, c. 8, s. 207 (16); 2017, c. 14, Sched. 4, s. 16 (1); 2020, c. 13, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 84 (11) - 1/11/2004 2006, c. 21, Sched. C, s. 111 (3) - 1/05/2007 2007, c. 8, s. 207 (16) - 1/07/2010 2017, c. 14, Sched. 4, s. 16 (1) - 30/04/2018 2020, c. 13, Sched. 3, s. 3 - 01/05/2022
77 (1) The member or members of the Board conducting a hearing shall not communicate about the subject-matter of the hearing directly or indirectly with any person, unless all the parties and the persons representing the parties under the authority of the Law Society Act receive notice and have an opportunity to participate.  2006, c. 21, Sched. C, s. 111 (4). Exception (2) However, the member or members of the Board conducting the hearing may seek advice from an adviser independent of the parties, and in that case the nature of the advice shall be communicated to all the parties and the persons representing the parties under the authority of the
Law Society Act so that they may make submissions as to the law.  1996, c. 2, Sched. A, s. 77 (2); 2006, c. 21, Sched. C, s. 111 (5). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 111 (4), (5) - 1/05/2007
78 No member of the Board shall participate in a decision unless he or she was present throughout the hearing and heard the parties’ evidence and argument.  1996, c. 2, Sched. A, s. 78.
79 (1) Within a reasonable time after the final disposition of the proceeding, documents and things put in evidence at the hearing shall, on request, be released to the person who produced them.  1996, c. 2, Sched. A, s. 79 (1). Return of original record (2) If an original clinical record respecting a person’s care or treatment was put in evidence, it shall be returned to the place from which it was obtained as soon as possible after the final disposition of the proceeding.  1996, c. 2, Sched. A, s. 79 (2).
80 (1) A party to a proceeding before the Board may appeal the Board’s decision to the Superior Court of Justice on a question of law or fact or both.  1996, c. 2, Sched. A, s. 80 (1); 2000, c. 9, s. 48. Time for filing notice of appeal (2) The appellant shall serve his or her notice of appeal on the other parties and shall file it with the court, with proof of service, within seven days after he or she receives the Board’s decision.  1996, c. 2, Sched. A, s. 80 (2). Notice to Board (3) The appellant shall give a copy of the notice of appeal to the Board.  1996, c. 2, Sched. A, s. 80 (3). Record (4) On receipt of the copy of the notice of appeal, the Board shall promptly serve the parties with the record of the proceeding before the Board, including a transcript of the oral evidence given at the hearing, and shall promptly file the record and transcript, with proof of service, with the court.  1996, c. 2, Sched. A, s. 80 (4). Time for filing appellant’s factum (5) Within 14 days after being served with the record and transcript, the appellant shall serve his or her factum on the other parties and shall file it, with proof of service, with the court.  1996, c. 2, Sched. A, s. 80 (5). Time for filing respondent’s factum (6) Within 14 days after being served with the appellant’s factum, the respondent shall serve his or her factum on the other parties and shall file it, with proof of service, with the court.  1996, c. 2, Sched. A, s. 80 (6). Extension of time (7) The court may extend the time for filing the notice of appeal, the appellant’s factum or the respondent’s factum, even after the time has expired.  1996, c. 2, Sched. A, s. 80 (7). Early date for appeal (8) The court shall fix for the hearing of the appeal the earliest date that is compatible with its just disposition.  1996, c. 2, Sched. A, s. 80 (8). Appeal on the record, exception (9) The court shall hear the appeal on the record, including the transcript, but may receive new or additional evidence as it considers just.  1996, c. 2, Sched. A, s. 80 (9). Powers of court on appeal (10) On the appeal, the court may, (a) exercise all the powers of the Board; (b) substitute its opinion for that of a health practitioner, an evaluator, a substitute decision-maker or the Board; (c) refer the matter back to the Board, with directions, for rehearing in whole or in part.  1996, c. 2, Sched. A, s. 80 (10). Section Amendments with date in force (d/m/y) 2000, c. 9, s. 48
- 1/12/2000
81 (1) If a person who is or may be incapable with respect to a treatment, managing property, admission to a care facility or a personal assistance service is a party to a proceeding before the Board and does not have legal representation, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 81 (1) of the Act is amended by striking out “admission to a care facility” in the portion before clause (a) and substituting “admission to or confining in a care facility”. (See: 2017, c. 25, Sched. 5, s. 62) (a) the Board may direct Legal Aid Ontario to arrange for legal representation to be provided for the person; and (b) the person shall be deemed to have capacity to retain and instruct counsel.  1996, c. 2, Sched. A, s. 81 (1); 2009, c. 33, Sched. 18, ss. 10 (3, 4). Responsibility for legal fees (2) If legal representation is provided for a person in accordance with clause (1) (a) and the person is not eligible to receive comparable legal aid services under the Legal Aid Services Act, 2020 in connection with the proceeding, the person is responsible for the legal fees.  1996, c. 2, Sched. A, s. 81 (2); 1998, c. 26, s. 104; 2020, c. 11, Sched. 15, s. 55. Same (2.1) Nothing in subsection (2) affects any right of the person to an assessment of a solicitor’s bill under the Solicitors Act or other review of the legal fees and, if it is determined that the person is incapable of managing property, the assessment or other review may be sought on behalf of the person by, (a) the person’s guardian of property appointed under the Substitute Decisions Act, 1992; or (b) the person’s attorney under a continuing power of attorney for property given under the Substitute Decisions Act, 1992.  2009, c. 33, Sched. 18, s. 10 (5). Child in secure treatment program (3) If a child who has been admitted to a secure treatment program under section 171 of the Child, Youth and Family Services Act, 2017 is a party to a proceeding before the Board, the Children’s Lawyer shall provide legal representation for the child unless the Children’s Lawyer is satisfied that another person will provide legal representation for the child.  1996, c. 2, Sched. A, s. 81 (3); 2017, c. 14, Sched. 4, s. 16 (2). Section Amendments with date in force (d/m/y) 1998, c. 26, s. 104 - 18/12/1998 2009, c. 33, Sched. 18, s. 10 (3)-(5) - 15/12/2009 2017, c. 14, Sched. 4, s. 16 (2) - 30/04/2018; 2017, c. 25, Sched. 5, s. 62 - not in force 2020, c. 11, Sched. 15, s. 55 - 18/10/2021 PART VI   MISCELLANEOUS
82 (1) No person who gives or refuses consent to a treatment on an incapable person’s behalf shall make an assertion referred to in subsection 29 (6), knowing that it is untrue.  1996, c. 2, Sched. A, s. 82 (1). Same (2) No person who gives or refuses consent to admission to a care facility on an incapable person’s behalf shall make an assertion referred to in subsection 48 (4), knowing that it is untrue.  1996, c. 2, Sched. A, s. 82 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 82 of the Act is amended by adding the following subsection: (See: 2017, c. 25, Sched. 5, s. 63 (1)) Same (2.1) No person who gives or refuses consent to confining in a care facility on an incapable person’s behalf shall make an assertion referred to in subsection 54.12 (3), knowing that it is untrue. 2017, c. 25, Sched. 5, s. 63 (1). Same (3) No person who makes a decision concerning a personal assistance service on an incapable recipient’s behalf shall make an assertion referred to in subsection 63 (3), knowing that it is untrue.  1996, c. 2, Sched. A, s. 82 (3). Penalty (4) A person who contravenes subsection (1), (2) or (3) is guilty of an offence and is liable, on conviction, to a fine not exceeding $10,000.  1996, c. 2, Sched. A, s. 82 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 82 (4) of the Act is amended by striking out “subsection (1), (2) or (3)” and substituting “subsection (1), (2), (2.1) or (3)”. (See: 2017, c. 25, Sched. 5, s. 63 (2)) Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 63 (1, 2) - not in force
83 (1) No person shall knowingly misrepresent wishes someone has expressed with respect to treatment, admission to a care facility or a personal assistance service.  1996, c. 2, Sched. A, s. 83 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 83 (1) of the Act is amended by striking out “admission to a care facility” and substituting “admission to or confining in a care facility”. (See: 2017, c. 25, Sched. 5, s. 64) Penalty (2) A person who contravenes subsection (1) is guilty of an offence and is liable, on conviction, to a fine not exceeding $10,000.  1996, c. 2, Sched. A, s. 83 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 64 - not in force
84 (1) A person who knowingly contravenes paragraph 1 of subsection 21 (1), paragraph 1 of subsection 42 (1) or paragraph 1 of subsection 59 (1) is guilty of an offence and is liable, on conviction, to a fine not exceeding $10,000.  1996, c. 2, Sched. A, s. 84 (1). Exception (2) Subsection (1) does not apply if the person acts in accordance with permission given under section 36, 53 or 68 or in accordance with directions given under section 35, 37, 52, 54, 67 or 69.  1996, c. 2, Sched. A, s. 84 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 84 of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 65) Offence: decision contrary to wishes 84 (1) A person who knowingly contravenes paragraph 1 of subsection 21 (1), paragraph 1 of subsection 42 (1), paragraph 1 of subsection 54.7 (1) or paragraph 1 of subsection 59 (1) is guilty of an offence and is liable, on conviction, to a fine not exceeding $10,000. 2017, c. 25, Sched. 5, s. 65. Exception (2) Subsection (1) does not apply if the person acts in accordance with permission given under section 36, 53, 54.17 or 68 or in accordance with directions given under section 35, 37, 52, 54, 54.16, 54.18, 67 or 69. 2017, c. 25, Sched. 5, s. 65. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 65 -not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 25, Sched. 5, s. 66) Protection of information 84.1 (1) In a prosecution for an offence under this Act or where documents or materials are filed with a court under sections 158 to 160 of the Provincial Offences Act in relation to an investigation into an offence under this Act, the court may, at any time, take precautions to avoid the disclosure by the court or any person of any personal health information about an individual, including, where appropriate, (a) removing the identifying information of any person whose personal health information is referred to in any documents or materials; (b) receiving representations without notice; (c) conducting hearings or parts of hearings in private; or (d) sealing all or part of the court files. 2017, c. 25, Sched. 5, s. 66. Definition of personal health information (2) In this section, “personal health information” means personal health information as defined in the Personal Health Information Protection Act, 2004. 2017, c. 25, Sched. 5, s. 66. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 66 - not in force
87 (1) This Act applies to a treatment that is begun after the day this Act comes into force, even if a finding as to capacity was made or consent was given before that day.  1996, c. 2, Sched. A, s. 87 (1). Same (2) This Act does not apply to a treatment that is begun on or before the day this Act comes into force.  1996, c. 2, Sched. A, s. 87 (2).
88 (1) This Act applies to the admission to a care facility of a person who is placed on the waiting list for the facility after the day this Act comes into force, even if a finding as to capacity was made or consent was given before that day.  1996, c. 2, Sched. A, s. 88 (1). Same (2) This Act does not apply to the admission to a care facility of a person who is placed on the waiting list for the facility on or before the day this Act comes into force.  1996, c. 2, Sched. A, s. 88 (2). Application of section (3) This section does not apply to a care facility described in clause (d) of the definition of “care facility” in subsection 2 (1).  1996, c. 2, Sched. A, s. 88 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 88 (3) of the Act is amended by striking out “clause (d)” and substituting “clause (b)”. (See: 2017, c. 25, Sched. 5, s. 68) Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 68 - not in force
89 Section 19 applies to an appeal commenced before the day this Act comes into force if, on the day this Act comes into force, the appeal has not been finally disposed of and an order authorizing administration of the treatment before the final disposition of the appeal has not been made.  1996, c. 2, Sched. A, s. 89.
90 (1) If, on the day this Act comes into force, an application commenced under section 28 of the Consent to Treatment Act, 1992 has not been finally disposed of, (a) subsections 32 (3) and (4) of this Act apply to the application; (b) subsection 32 (2) of this Act does not apply to the application; and (c) subsection 28 (6) of the Consent to Treatment Act, 1992, as it read immediately before the day this Act comes into force, continues to apply to the application.  1996, c. 2, Sched. A, s. 90 (1). Same (2) For the purpose of subsection 32 (5) of this Act, a final disposition of the following applications shall be deemed to be a final disposition of an application under section 32 of this Act: 1. An application commenced under section 28 of the Consent to Treatment Act, 1992 before the day this Act comes into force. 2. An application commenced under section 51 of the Mental Health Act before the day subsection 20 (40) of the Consent and Capacity Statute Law Amendment Act, 1992
came into force.  1996, c. 2, Sched. A, s. 90 (2).
91 (1) If, on the day this Act comes into force, an application commenced under section 29 of the Consent to Treatment Act, 1992 has not been finally disposed of, (a) subsections 33 (5) and (6) and clauses 33 (7) (a), (b) and (c) of this Act apply to the application; (b) subsections 33 (3) and (4) of this Act do not apply to the application; and (c) subsections 29 (3) and (7) of the Consent to Treatment Act, 1992, as they read immediately before the day this Act comes into force, continue to apply to the application.  1996, c. 2, Sched. A, s. 91 (1). Same (2) Clause 33 (7) (d) and subsection 33 (8) of this Act apply to an appointment made pursuant to an application commenced under section 29 of the Consent to Treatment Act, 1992 before the day this Act comes into force.  1996, c. 2, Sched. A, s. 91 (2).
92 (1) If, on the day this Act comes into force, an application commenced under section 32 of the Consent to Treatment Act, 1992 has not been finally disposed of, (a) subsections 34 (3), (4), (5) and (6) of this Act apply to the application; and (b) subsection 34 (2) of this Act does not apply to the application.  1996, c. 2, Sched. A, s. 92 (1). Same (2) For the purpose of subsection 34 (7) of this Act, a final disposition of an application commenced under section 32 of the Consent to Treatment Act, 1992 before the day this Act comes into force shall be deemed to be a final disposition of an application under section 34 of this Act.  1996, c. 2, Sched. A, s. 92 (2).
93 If, on the day this Act comes into force, an application commenced under section 30 of the Consent to Treatment Act, 1992 has not been finally disposed of, subsections 35 (2) and (3) of this Act apply to the application if it was commenced by a person who is a substitute decision-maker as defined in Part II of this Act.  1996, c. 2, Sched. A, s. 93.
94 If, on the day this Act comes into force, an application commenced under section 31 of the Consent to Treatment Act, 1992 has not been finally disposed of, subsections 36 (2) and (3) of this Act apply to the application if it was commenced by a person who is a substitute decision-maker as defined in Part II of this Act.  1996, c. 2, Sched. A, s. 94. 95 Omitted (enacts short title of this Act).  1996, c. 2, Sched. A, s. 95. ______________  Français