O. Reg. 331/04: GENERAL
filed October 21, 2004 under Mental Health Act, R.S.O. 1990, c. M.7Skip to content
ontario regulation 331/04
made under the
mental health act
Made: October 20, 2004
Filed: October 21, 2004
Printed in The Ontario Gazette: November 6, 2004
Amending Reg. 741 of R.R.O. 1990
1. Subsection 4 (3) of Regulation 741 of the Revised Regulations of Ontario, 1990 is amended by striking out “at www.gov.on.ca/health” at the end.
2. Section 6 of the Regulation is revoked and the following substituted:
6. (1) The Minister may require a psychiatric facility to furnish any returns, reports and information that the Minister may consider necessary from time to time.
(2) A psychiatric facility shall comply with a requirement of the Minister under subsection (1).
3. Clause 7 (a) of the Regulation is revoked and the following substituted:
(a) Part II of the Act, except sections 35 and 35.1; and
4. Subsection 13 (10) of the Regulation is amended by striking out “at www.gov.on.ca/health” at the end.
5. Paragraph 1 of section 14.2 of the Regulation is revoked and the following substituted:
1. The person must be knowledgeable about the rights to apply to the Board provided under the Act, the Health Care Consent Act, 1996 and the Personal Health Information Protection Act, 2004.
6. The Regulation is amended by adding the following section:
Rights Advice for Patients Determined Incapable of Consenting to the Collection, Use or Disclosure of Personal Health Information under the Personal Health Information Protection Act, 2004
15.1 (1) If a person who has been admitted to a psychiatric facility as a patient is 14 years old or older and if the officer in charge of the psychiatric facility determines that the person is incapable of consenting to a collection, use or disclosure of personal health information within the meaning of the Personal Health Information Protection Act, 2004, the officer in charge of the psychiatric facility shall ensure that,
(a) the person is promptly given a written notice indicating that he or she has been determined, by the officer in charge, incapable of consenting to the collection, use or disclosure of his or her personal health information; and
(b) a rights adviser is promptly notified of the determination of incapacity.
(2) A rights adviser who is notified of a determination of incapacity shall promptly meet with the person who has been determined to be incapable and shall explain to the person the significance of the determination and the right to apply to the Board for a review of the determination under subsection 22 (3) of the Personal Health Information Protection Act, 2004 and, where the patient is 16 years old or older, that the patient has the right to apply to the Board for appointment of a representative as set out in subsection 27 (1) of that Act.
(3) Subsection (2) does not apply if the person who has been determined to be incapable refuses to meet with the rights adviser.
(4) At the request of the person who has been determined to be incapable, the rights adviser shall assist him or her in applying to the Board for a review of the determination, for appointment of a representative or in obtaining legal services.
(5) This section does not apply if,
(a) the person has a guardian of the person or a guardian of property appointed under the Substitute Decisions Act, 1992 who has authority, on behalf of the person, to give or refuse consent to the collection, use or disclosure of personal health information;
(b) the person has an attorney under a power of attorney for personal care given under the Substitute Decisions Act, 1992, the power of attorney contains a provision waiving the person’s right to apply to the Board for a review of the determination of incapacity and the provision is effective under subsection 50 (1) of that Act;
(c) the person is in a coma, is unconscious, is semi-conscious or is unable to communicate comprehensibly despite reasonable efforts to understand the person; or
(d) the attending physician is of the opinion that there is an emergency.
(6) If a rights adviser has met with a person who was admitted to a psychiatric facility and was determined to be incapable of consenting to the collection, use or disclosure of personal health information, and if the rights adviser has provided the person with the explanation required by subsection (2), this section does not apply to any subsequent determination of incapacity with respect to collection, use or disclosure of personal health information made in respect of the person during his or her stay in the facility pursuant to that admission.
7. This Regulation comes into force on the later of November 1, 2004 and the day it is filed.