The Ontario Hospital Association (OHA) has developed several resources to help hospitals understand the legal framework governing the provision of mental health care in Ontario. Two key OHA resources are outlined in more detail below.
A Practical Guide to Mental Health and the Law in Ontario
Since 2009, the OHA has partnered with Borden Ladner Gervais LLP (BLG) to prepare a guide for frontline mental health care providers. A Practical Guide to Mental Health and the Law, currently in its fourth edition, aims to provide its readers with a general understanding of mental health law issues in several key areas, such as consent to treatment, involuntary admissions, community treatment orders, the detention and supervision of mentally disordered criminal offenders, along with an overview of the provincial and federal legislation relevant to the provision of mental health care.
The intersection of mental health and the law is becoming more complex and the OHA hopes that the Guide will continue to serve clinicians and health care organizations as they navigate this highly regulated, and at times contentious, area of law.
A Guide to Hospital Statutory Compliance
Ontario's public hospitals are navigating an increasingly complex legal landscape. To help hospitals stay on top of their legal obligations, the OHA, in consultation with BLG, revamped the former Understanding Your Legal Accountabilities Toolkit into a more comprehensive and up-to-date resource. Now titled A Guide to Hospital Statutory Compliance, this updated resource provides easy online access to relevant information, simplifying the process for hospitals to stay informed and compliant.
The guide addresses a broad range of legislation applicable to hospitals, covering topics such as clinical care, governance and accountability, labour and employment, and privacy. With respect to mental health, the guide outlines compliance requirements for several key pieces of legislation, including the Mental Health Act, Health Care Consent Act, 1996, Substitute Decisions Act, 1992, Personal Health Information Protection Act, 2004, and Canadian Criminal Code. This content can be found in the guide's section on Health Care and Public Health.