Mental Health and Addictions

Facts About the Consent and Capacity Board

The Consent and Capacity Board is an independent body created by the provincial government. It conducts hearings under the Mental Health Act, the Health Care Consent Act, and the Substitute Decisions Act. Board members are either psychiatrists, lawyers or members of the general public. The Board sits with one, three, or five members. Hearings are recorded in case a transcript is required.

What matters may come before the Board 

The board has authority to hold hearings to deal with the following matters :

Health Care Consent Act
Mental Health Act
Substitute Decisions Act

How are applications made to the Board 

Application forms may be available from health or residential facilities. Completed applications should be faxed to the Board's regional office. Health practitioners and officials of health and residential facilities are expected to fax forms to the Board within one hour of completion. If necessary, call 1-800-461-2036 for application forms, specific information sheets and contact information for the Board.

When and where will the hearing be 

The parties will receive a notice from the Board with the time and place of the hearing. If you are not a party, you may ask the Board for the time and place. The hearing will usually take place within a week after the Board receives the application and will be held in the facility where the person who is the subject of the hearing resides or receives treatment or at some other place convenient to the parties.

How much does it cost 

There is no charge to the participants for the services of the Board. The Board is publicly funded and requests that all participants assist in keeping costs down.

What will happen at the hearing 

Each party may attend the hearing and invite anyone they want to come. Family members and friends are also encouraged to attend. The presiding member will introduce everyone and explain how the hearing will work, who the official parties are and the order in which people will speak.

Each party may have a lawyer, call witnesses and bring documents.

Each party and the Board members may ask questions of each witness.

At the end of the hearing, each party will be invited to summarize and the presiding member will then end the hearing.

What happens after the hearing 

The Board will meet in private to make its decision. The Board will issue its decision within one day. The Board may also issue written reasons explaining its decision. Written reasons will be issued if any of the parties request them. This request must be made within thirty days of the hearing.

Can the Board's decision be appealed 

Any of the parties may appeal the Board's decision to the General Division of the Ontario Court.

(NOTE :   Different rules apply to a hearing held to decide if a person is to be denied access to his/her own records in a psychiatric facility.)
For More Information

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