Not So Good Governance

On June 22, 2006, the Legislative Assembly of Ontario passed Bill 190, the Good Government Act, 2006, on third and final reading. It received Royal Assent the same day. Section 2 of Schedule "L" to the Act provides:

Health Care Consent Act, 1996

2. The Health Care Consent Act, 1996 is amended by adding the following section:

Limit on jurisdiction

70.1 (1) The Board shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation.

Same

(2) Subsection (1) shall be deemed always to have applied to the Board, but its enactment does not affect any proceeding that was finally determined before the date on which this section came into force.

The Act can be found at:

http://www.e-laws.gov.on.ca/DBLaws/Source/Statutes/English/2006/S06019_e.htm

More comment on the Consent and Capacity Board's limitations in the face of the amendment will follow.