TORONTO, December 5, 2013 — The Law Commission of Ontario (LCO) today released its discussion paper in its Capacity of Adults with Mental Disabilities and the Federal RDSP project. The LCO encourages feedback from members of the public, including persons with disabilities, service providers, policy-makers, lawyers and advocates until Friday, February 28, 2014. The Final Report is anticipated to be released in spring 2014.

The Government of Ontario asked the LCO to undertake a review of increasing the accessibility of adults with mental disabilities to the Registered Disability Savings Plan (RDSP). Adults with mental disabilities have faced challenges in accessing the RDSP where they experience diminished capacity to enter into a contract with financial institutions that offer the RDSP. In Ontario, a guardian or attorney can act as a legal representative for an RDSP beneficiary. However, the process to appoint such a person for RDSP beneficiaries can be lengthy and expensive, and may also impact a beneficiary’s well-being. The LCO’s project considers the creation of a process specifically for the purpose of establishing a legal representative for RDSP beneficiaries that is an accessible alternative to Ontario’s current framework. ”We are pleased to have been asked by the Ontario Government to undertake this project, which is closely aligned with our bigger project on consent and capacity in Ontario,” says LCO Board of Governors Chair, Bruce P. Elman.

Launched in September 2007, the LCO is funded by the Law Foundation of Ontario, the Ministry of the Attorney General, Osgoode Hall Law School and the Law Society of Upper Canada, and is also supported by Ontario’s law schools. It receives funding and in-kind assistance from York University. Housed in the Ignat Kaneff Building, home of Osgoode Hall Law School, York University, it operates independently of government to recommend law reforms to enhance access to justice.


Ce document est aussi disponible en français. Le résumé du rapport est actuellement disponible en français. 
Le rapport complet sera disponible en français en février 2014.

Sarah Mason-Case, Research Lawyer                           
Law Commission of Ontario              
(416) 650-8406