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54-739: The Substitute Decisions Act (the Act) is an act of the Legislative Assembly of Ontario in Ontario , Canada. It establishes the legal criteria determining when a person has the ability to make decisions that are fundamental to his/her well-being. The ability to make these types of decisions is termed capacity and the decisions are termed consent . Capacity establishes the legal right to consent to or refuse medical treatment, choose housing arrangements and manage one's money. However, there are different tests for capacity that vary according to

108-531: A coalition government with the support of moderate Liberals . John Stevenson served as the first speaker for the assembly. Its first session ran from September 3, 1867, until February 25, 1871, just prior to the 1871 general election . The Legislature has been unicameral since its inception, with the Assembly currently having 124 seats (increased from 107 as of the 42nd Ontario general election ) representing electoral districts ("ridings") elected through

162-698: A first-past-the-post electoral system across the province. In 1938, the title of Member of the Legislative Assembly was officially changed to Member of Provincial Parliament. Previously, multiple terms were unofficially used in the media and in the Legislature. Ontario uses the same boundaries as those at the federal level for its Legislative Assembly in Southern Ontario , while seats in Northern Ontario correspond to

216-426: A client. If a person who is capable is labelled as incapable their rights will be severely violated without just cause. On the other hand, a person who is incapable and is found capable is at risk of causing harm to him/herself or others. It is a danger for people who are found incapable that they will be put into circumstances that steadily erode their independence. Careful attention must be devoted to ensuring that

270-460: A complaint at the assessor's respective self-governing regulatory body. The self-governing bodies are: the College of Physicians and Surgeons of Ontario ; the College of Psychologists of Ontario ; The Colleges of Nurses of Ontario; The College of Social Workers and Social Service Workers and The Occupational Therapists College of Ontario. In addition, if a person feels that their lawyer has acted in

324-405: A condition and appreciating the results of treatment options, including refusing treatment. In terms of managing one's property, incapacity is similarly defined as being unable to "understand information that is relevant to making a decision in the management of his or her property, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision." If a person

378-439: A lawyer representing the client or an employee in an institution. Other types of exploitation can include abuse and neglect. There are times when the family or friends of a person, or their community as a whole, may believe that a person needs access to care that they are unwilling or unable to provide to themselves. On the other hand, many of these types of decisions are the most fundamentally personal and private decisions that

432-633: A legal community sourced publication and discussion platform for case law summaries and commentaries. In March 2018, CanLII launched a commentary program including law reviews, e-books, articles, public legal education materials, and reports. In June 2020, CanLII started actively promoting the CanLII guest writer program. As of February 2024 , CanLII is piloting the use of a large language model to generate artificial intelligence case summaries. Other websites will often use CanLII as their primary source when referring to Canadian case law, and as of

486-468: A person has the right to refuse to be assessed. To ensure that this right is upheld, an assessor, prior to beginning an assessment must tell the person being assessed what they are doing, what is its purpose, what impact their finding will have and that the person being assessed has the right to refuse. If a person refuses to an assessment it cannot be conducted. There are limits to a person's right to refuse an assessment. A Court may order an assessment of

540-451: A person will ever make. There is a conflict of interest in that the community's reasons for wanting a course of action to be imposed on a person are not necessarily the same as that person's, yet he/she is the one who will be required to make the change. Legislative Assembly of Ontario His Majesty's Loyal Opposition Other parties The Legislative Assembly of Ontario ( OLA ; French : Assemblée législative de l'Ontario )

594-446: A person's capacity against their will if it determines that there are reasonable grounds to suspect that the person does not have capacity. The Capacity Assessment Office maintains a limited register of Capacity Assessors, who must be licensed physicians , psychologists , registered nurses , registered social workers or occupational therapists . Assessors must also hold liability insurance for up to $ 1,000,000, successfully complete

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648-464: A specific bill or issue which would otherwise monopolize the time of the standing committees. A committee which exists for the duration of a parliamentary session. This committee examines and reports on the general conduct of activities by government departments and agencies and reports on matters referred to it by the house, including proposed legislation. Select committees are set up specifically to study certain bills or issues and according to

702-495: A training course with the Capacity Assessment Office and complete ongoing continuing education. The Capacity Assessment Office does not make specific referrals, but they will provide the names of several Assessors based on a client's needs and location. Assessments aim to answer the question of whether a person has capacity in keeping with the legislation. Exactly what methods they will use often depends on

756-472: A way that has caused them harm, they can contact the Law Society of Ontario . There is a danger that assessors will not be fully objective in certain circumstances. This conduct is most often associated with a professional who believes that his/her referral source will provide future business on the basis of receiving a predetermining finding. This type of misconduct can have serious negative impacts for

810-491: Is found to be incapable they will have a substitute decision-maker appointed for them. A substitute decision-maker may be a family member, non-family members are exceptionally rare. The Office of the Public Guardian and Trustee may also be appointed to this role. Whoever is appointed to make decisions for an incapable person is expected to make them in keeping with the same principles of the legislation, understanding

864-455: Is one of the most comprehensive collections of Canadian federal, provincial and territorial legislation. It is used by lawyers, legal professionals and the general public, with usage averaging over 30,000 visits per day. The case law database is reportedly growing at a rate of approximately 120,000 new cases each year, 20% of which are historic cases which are included to enrich existing databases. In April 2014, CanLII launched CanLII Connects,

918-475: Is studded with the provincial gemstone, the amethyst . The griffin , an ancient symbol of justice and equity, holds a calumet , which symbolizes the meeting of spirit and discussion that Ontario's First Nations believe accompanies the use of the pipe. The deer represent the natural riches of the province. The Loyalist coronets at their necks honour the original British settlers in Ontario who brought with them

972-456: Is the legislative chamber of the Canadian province of Ontario . Its elected members are known as Members of Provincial Parliament (MPPs). Bills passed by the Legislative Assembly are given royal assent by the lieutenant governor of Ontario to become law. Together, the Legislative Assembly and Lieutenant Governor make up the unicameral Legislature of Ontario . The assembly meets at

1026-438: Is the term for a person who cannot make these decisions. In terms of personal care, incapacity is defined as not being able to "understand information that is relevant to making a decision concerning his or her own health care, nutrition, shelter, clothing, hygiene or safety, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision." The key concepts are understanding information about

1080-621: The National Assembly of Quebec . The current assembly was elected on June 2, 2022 , as part of the 43rd Parliament of Ontario . Owing to the location of the Legislative Building on the grounds of Queen's Park , the metonym "Queen's Park" is often used to refer to both the provincial government and the Legislative Assembly. In accordance with the traditions of the Westminster system, most laws originate in

1134-497: The Ontario Legislative Building at Queen's Park in the provincial capital of Toronto . Ontario uses a Westminster-style parliamentary government in which members are elected to the Legislative Assembly through general elections using a "first-past-the-post" system . The premier of Ontario (the province's head of government ) holds office by virtue of their ability to command the confidence of

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1188-606: The Province of Canada into two new provinces, with the portion then called Canada West becoming Ontario. As such, the 1st Parliament of Ontario was one of the three legislative bodies succeeding the Legislative Assembly of the Province of Canada 's 8th Parliament . The first election in 1867 produced a tie between Conservatives led by John Sandfield Macdonald and the Liberals led by Archibald McKellar . Macdonald led

1242-428: The provincial cabinet (government bills) and are passed by the legislature after multiple rounds of debate and decision-making. Backbench legislators may introduce private legislation ( private-member bills ) or amend bills presented to the legislature by cabinet, playing an integral role in scrutinizing bills both at the debate as well as committee stages. In the Ontario legislature, this confrontation provides much of

1296-544: The British parliamentary form of government. The royal crowns (left 1992, right 1792) recognize the parliamentary bicentennial and represent Ontario's heritage as a constitutional monarchy. They were granted as a special honour by Her Majesty Queen Elizabeth II on the recommendation of the Governor General. In the base, the maple leaves are for Canada, the trilliums for Ontario and the roses for York (now Toronto),

1350-506: The Clerk of the Legislative Assembly, Sergeant-at-Arms , executive director of Administrative Services, and executive director of Legislative Library, Research and Information Services. The Clerk of the Legislative Assembly of Ontario is the chief permanent officer of the Legislative Assembly, with the rank and status of a Deputy Minister, responsible for administering the legislature and advising MPPs on questions of procedure or interpretation of

1404-478: The Consent and Capacity Board. This Board is Composed of public and professional members and will review the history of a person's finding of incapacity and any history since that time. Reviews are permitted on a more frequent basis when incapacity is first determined and then become more periodic once a set period of time has elapsed. A person is always eligible to have their capacity reviewed. Public versions of

1458-581: The Crown are expected to be Members of the Assembly. When a political party comes to power it will usually place its more experienced parliamentarians into the key cabinet positions, where their parliamentary experience may be the best preparation for the rough and tumble of political life in government. The Legislative Assembly was established by the British North America Act, 1867 (later re-titled Constitution Act, 1867 ), which dissolved

1512-559: The Legislative Assembly, typically sitting as an MPP themselves and lead the largest party or a coalition in the Legislative Assembly. The largest party not forming the government is known as the Official Opposition , its leader being recognized as leader of the Opposition . The Ontario Legislature is sometimes referred to as the "Ontario Provincial Parliament". Members of the assembly refer to themselves as "Members of

1566-783: The Office of the Ministry of the Attorney General oversees the Capacity Assessment Office. The Capacity Assessment Office ensures that only licensed Capacity Assessors are allowed to conduct capacity assessments and can assist members of the public in finding Capacity Assessors. When a person has been found to be incapable the Office of the Public Guardian and Trustee can be appointed to manage their property, which includes their money, real estate, investments, bank accounts, and vehicles. A person who has been found incapable with respect to property management can appeal their finding before

1620-579: The Provincial Parliament" MPPs as opposed to " Members of the Legislative Assembly " (MLAs) as in many other provinces. Ontario is the only province to do so, in accordance with a resolution passed in the Assembly on April 7, 1938. However, the Legislative Assembly Act refers only to "members of the Assembly". The Legislative Assembly is the second largest Canadian provincial deliberative assembly by number of members after

1674-901: The Speaker, Sir Allan Macnab, the next day. Later, in 1854, the mace was twice rescued when the Parliament Buildings in Quebec were ravaged by fire. The mace continued to be used by the Union Parliament in Toronto and Quebec until Confederation in 1867, when it was taken to the Parliament of Canada in Ottawa, where it remained in the House of Commons until 1916. When the Parliament Buildings were gutted by fire during that year,

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1728-672: The Standing Orders, consists of not more than 11 members from all parties with representation reflecting the current standing in the house. In some cases, the committee must examine material by a specific date and then report its conclusion to the legislature. After its final report, the committee is dissolved. CanLII CanLII offers free public access to over 2.4 million documents across more than 300 case law and legislative databases. The official websites of provincial governments, which provide access to primary legislative documents, are linked to CANLII online. The CANLII database

1782-530: The Upper Canada and Union Houses, once boasted of a similar layout. Last update: February 20, 2024 Note: Bold text designates the party leader. There are two forms that committees can take. The first, standing committees , are struck for the duration of the Parliament pursuant to Standing Orders. The second, select committees , are struck usually by a Motion or an Order of the House to consider

1836-414: The brain. A person who loses the right to make decisions on their behalf is exceptionally vulnerable to many types of exploitation. A common form of exploitation is the expropriation of money for purposes that do not benefit the patient and are often clearly fraudulent. This type of exploitation can be perpetrated by a substitute decision-maker, an employee of the Office of the Public Guardian and Trustee,

1890-436: The concerns, problems and grievances of constituents. Depending on personal inclination and political circumstances, some Members concentrate most of their attention on House matters while others focus on constituency problems, taking on something of an ombudsman's role in the process. Finally, it is the task of the legislature to provide the personnel of the executive. As already noted, under responsible government, ministers of

1944-432: The crown of Queen Victoria and in a cup with her royal cypher , V.R. When she was succeeded by Edward VII in 1901, her crown and cup were removed and a new one bearing Edward's cypher on the cup was installed. Eventually, it was replaced with the current cup, which is adorned in gleaming brass leaves. Through some careful detective work on the part of Legislative Assembly staff, the original cup with Queen Victoria's cypher

1998-451: The extents of incapacity, as well as existing capacities, are appreciated and balanced so that a person can be independent to the greatest extent possible. It is also a concern on the part of many people found incapable, their family and patient advocates that careful attention is given to ensuring that treatments do not cause further incapacity. This concern has particular bearing for psychotropic medication and other treatments that affect

2052-491: The federal districts that were in place before the 2004 adjustment. Ontario had separate provincial electoral districts prior to 1999. The following notable events occurred during the 2022–present period: Regular Legislative Assembly proceedings are broadcast to subscribers of the Ontario Parliament Network in Ontario . A late-night rebroadcast of Question Period is also occasionally aired on TVO ,

2106-539: The legislature and report to the legislature through the Speaker rather than to the provincial government. These officers include the Auditor General , Information and Privacy Commissioner , Integrity Commissioner , Chief Electoral Officer , Ontario Ombudsman , and Poet Laureate of Ontario . The Legislative Assembly of Ontario is the first and only legislature in Canada to have a coat of arms separate from

2160-410: The mace could not be saved from Centre Block. All that remained was a tiny ball of silver and gold conglomerate. The current mace used in the Legislative Assembly of Ontario was acquired in 1867, after Confederation . It was provided by Charles E. Zollikofer of Ottawa for $ 200. The four-foot mace is made of copper and richly gilded, a flattened ball at the butt end. Initially, the head of the mace bore

2214-604: The mace. It was initially kept at the Royal Ontario Museum for a time, and it is now located in the Main Lobby of the Ontario Legislative Building . A second mace was introduced in 1813 and used until 1841. The third mace was not purchased until 1845. In 1849, it was stolen by a riotous mob in Montreal, apparently intent upon destroying it in a public demonstration. However, it was rescued and returned to

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2268-447: The material for Oral Questions and Members' Statements. Legislative scrutiny of the executive is also at the heart of much of the work carried out by the Legislature's Standing Committees, which are made up of ordinary backbenchers. A member's day will typically be divided among participating in the business of the House, attending caucus and committee meetings, speaking in various debates, or returning to his or her constituency to address

2322-497: The mine. Two stones, one rough and one polished, were set in platinum in the crown of the mace while the third stone, also polished, was put on exhibit in the lobby of the Legislative Building as part of a display about the history of the mace. Elections to the Legislative Assembly of Ontario occurred on June 2, 2022, as a result of which the Progressive Conservative Party of Ontario , led by Doug Ford ,

2376-446: The provincial arms. Green and gold are the principal colours, as in the coat of arms of Ontario . A mace is the traditional symbol of the authority of the Speaker. Shown on the left is the current mace, while on the right is the original mace from the time of the first parliament in 1792. The crossed maces are joined by the shield of arms of Ontario. The coronet on the wreath represents national and provincial loyalties, while its rim

2430-635: The provincial capital. The ceremonial mace of the Legislature is the fourth mace to be used in Upper Canada or Ontario. It acts as a symbol, representing the authority of the Speaker of the Legislative Assembly of Ontario to oversee the proceedings of the assembly. The first mace was used by the Chamber of Upper Canada's first Parliament in 1792 at Newark (now Niagara-on-the-Lake ) and then moved to York (now Toronto ). The primitive wooden mace

2484-423: The provincial public broadcaster. The Legislative Assembly of Ontario, like the federal House of Commons, also includes procedural officers who administer the business of the legislature and impartially assist the Speaker and MPPs with their duties. These officers collectively make up the Office of the Legislative Assembly of Ontario. The Office of the Assembly consists of the Speaker and Deputy Speaker as well as

2538-479: The reasons for decisions of the Consent and Capacity Board are published through CanLII and available in a searchable format on the CanLII website, but only the signed original in the Board file serves as the official version of the reasons for decisions. Since only regulated professionals are allowed to conduct capacity assessments, a person who believes that they have been treated unfairly by their assessor can lodge

2592-452: The relevant information and appreciating the consequences of decisions. Decisions should also incorporate what can be reasonably known about the person's likely opinions, including preferences and cultural attitudes. A substitute decision-maker can be replaced if they are found to be not meeting their obligations. Under the Act, incapacity can only be determined by a formal assessment. However,

2646-473: The rules and practices of the House. The Sergeant-at-Arms keeps order during meetings in the legislature, is charged with control of the ceremonial mace in the legislature, and is responsible for security in the House and the Legislative Precinct. Additional officers of the Legislative Assembly were created to protect certain public interests, these officers are appointed by unanimous votes of

2700-423: The skill set of the specific Assessor and the nature of the problem that they face. In other words, an assessment should always be comprehensive enough to understand a person's ability to make decisions for him/herself, but the decision may require only limited capacity. In this case, it can occur that a person who does not have full cognitive ability can still have capacity to make important decisions. In Ontario,

2754-443: The type of decisions that must be made. In some instances, capacity will exist for people who do not have full capacity in the common sense understanding of the concept. Capacity is presumed under the Act if the person is over 18 for management of property or 16 for personal care decisions. This means that before a person's right to make decisions for him/herself is removed it must be proven that they do not have capacity. Incapacity

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2808-784: Was painted red and gilt, and surmounted by a crown of thin brass strips. It was stolen by American troops as a Prize of War in 1813 at the Battle of York during the War of 1812 . The mace was subsequently stored at the United States Naval Academy in Annapolis, Maryland . It remained in the United States until 1934, when it was returned to Ontario after President Franklin Roosevelt sent an order to Congress to return

2862-625: Was re-elected as His Majesty's Government of Ontario. The seating chamber is similar in layout to that of the British House of Commons and the original St. Stephen's Chapel in the Palace of Westminster . The Parliament of Ontario, however, may be easily distinguished from this model by its use of individual chairs and tables for members, absent in the British Commons' design. The legislature's former host building and site, home to

2916-468: Was recently found in the Royal Ontario Museum ’s collection and returned to the Legislature. It is now on display in the Ontario Legislative Building . In 2009, two diamonds were installed in the mace. The diamonds were a gift to the people of Ontario from De Beers Canada to mark the opening of the Victor Mine near Attawapiskat in northern Ontario. Three diamonds were selected from the first run of

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