Ontario Ministry of Health reverses course on guardianship requirement for disabled woman
As of August 28, 2014
The Ontario Ministry of Health and Long term Care (MLTC) has reversed its previously proposed move to tighten the “guardianship” required in circumstances where disabled or vulnerable individuals are unable to care for their own basic bodily needs (“dependency guardianship”), and to introduce similar “protective custody” requirements in the future. Instead, the MLTC has made clear that it now has no plans to introduce these potentially restrictive and costly modifications to existing law in its proposed amendments to the existing Ontario Disability Support Code and to the federal Personal Independence Payment Act.
In a statement issued today, the ministry said, “in light of changing circumstances, the ministry has modified the proposed amendments to its proposed disability support code and is withdrawing its proposed changes to the Ontario Personal Independence Payment Act.”
“The changes reflect the ministry’s ongoing commitment to ensuring there is no limit to the benefits to be provided to people with disabilities by using the law, as it stands today,” the statement added.
In response to our story of June 20, 2014, the ministry’s statement added:
“In this change in direction, which has taken almost a year, the ministry is in the process of consulting on a new disability support law. The ministry has made clear that there will be no change to the provisions in the legislation that have been in place since 1991.”
According to a ministry spokesperson, the proposed new law would bring the law in line with those in the United States, where a person with disabilities has the same benefits and rights as a non-disabled person.
Further, the spokesperson said the changes reflect the ministry’s commitment to ensuring there is no limit to the benefits to be provided to people with disabilities.
“It is also important to note that the draft disability support code is consistent with and supports the ministry’s position that the Personal Independence Payment [Canadian Tax Benefits] Act and the Ontario Disability Act are the only legislative instruments in Canada which permit financial assistance for the care and support of people