Province Seeks Feedback on Adult Capacity and Decision-making Act

The province is asking Nova Scotians for feedback on the Adult Capacity and Decision-making Act to make sure it is working well.

The act recognizes the autonomy of adults who cannot make certain decisions for themselves. It also allows a person to ask the court to let them make decisions for an adult who cannot make some or all of their own important decisions.

“It’s been more than three years since the Adult Capacity and Decision-making Act came into effect. The legislation requires that it be reviewed to help ensure that it is achieving what it set out to do and see where it can be improved,” said Justice Minister Randy Delorey. “We believe the best way to do that is by hearing directly from those who have a perspective on this legislation.”

Horizons Community Development Associates Inc. has been hired to gather information from adults with cognitive challenges or their appointed representatives, disability organizations, members of the legal community, academics, health professionals, seniors’ organizations and others.

The consultation begins today, June 1, through an online survey; email, mail and phone submissions; and a series of targeted focus group sessions. The deadline for submissions is June 18. The online survey and further information on the consultation is available at: https://novascotia.ca/adult-capacity-and-decision-making-act-consultation/

Quick Facts:

• the legislation, which came into effect at the end of 2017, requires the Minister of Justice to review its effectiveness in meeting its purposes
• the review must also consider supported decision-making approaches, which are alternatives to a representation order
• in supported decision-making, adults make their own decisions about their lives and may get help to make decisions from a person or group of people they choose
• the minister must table a report on the review by Dec. 28, 2021

Additional Resources:

The Adult Capacity and Decision-making Act can be viewed at: https://nslegislature.ca/sites/default/files/legc/statutes/adult%20capacity%20and%20decision-making.pdf

Information on the legislation is available on the Public Trustee Office’s website: https://novascotia.ca/just/pto/adult-capacity-decision.asp