Legislative Framework - Definitions

Part 3 of this Act contains adult protection provisions which are to be the focus of these modules.

These planning tools allow adults to plan ahead by naming a substitute decision maker for health care, routine financial,  and personal care decisions should the adult become incapable or unable to speak for themselves in future.

This Act details how, when, and who may provide consent for  decisions about health care and/or admission to a licensed care facility,  and who may be a substitute decision maker if the adult is not capable.

This Act enables a capable adult to appoint a substitute decision maker for financial and legal affairs.

This codifies criminal offences in Canada and may be applicable when the reported concerns about abuse, neglect, self-neglect constitute a criminal offence committed against the vulnerable adult, e.g. assault, failure to provide necessaries of life.

This Act provides licensing for community care facilities that offer care to vulnerable people in long-term care settings. Complaints about the health or safety of a person in care must be investigated.

This Act gives the PGT authority to investigate suspected abuse (related to financial and legal affairs) of representatives, substitutes and powers of attorney and allows them to act to protect assets in emergencies.

This Act provides directions and guidance around who, when and how a person suffering from a mental health disorder should be admitted. For involuntary treatment, the MHA lists four criteria that must be followed before a doctor can decide that the person experiencing a mental illness can be certified under the Act.

This Act allows an individual, usually a family member/friend, to apply for a court order with the help of a lawyer to be appointed Committee of Person and/or Estate when the adult has been assessed by two physicians to be mentally incapable of managing his/her affairs and/or his/her person.

Under this Regulations,  an individual can apply to become pension trustee to manage federal Service Canada benefits payable to an adult who is incapable of managing his/her own affairs.

This Act may assist in the establishment of conditions which help to improve the health and well-being of the public, e.g. when the adult’s living condition poses a health hazard to the public.