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.

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

• Review of capacity to consent to a treatment, admission to a care facility or a personal assistance service.
• Consideration of the appointment of a representative to make decisions for an incapable person with respect to treatment, admission to a care facility or a personal assistance service.
• Consideration of a request to amend or terminate the appointment of a representative.
• Review of a decision to admit an incapable person to a hospital, psychiatric facility, nursing home or home for the aged for the purpose of treatment.
• Consideration of a request from a substitute decision maker for directions regarding wishes.
• Consideration of a request from a substitute decision maker for authority to depart from prior capable wishes.
• Review of a substitute decision maker's compliance with the rules for substitute decision making.

• Review of involuntary status (civil committal).
• Review as to whether a young person (aged 12 to 15) requires observation, care and treatment in a psychiatric facility.
• Review of a finding of incapacity to manage property.
• Review of a finding of incompetence to access or allow others to access the clinical record.
• Consideration of the appointment of a representative for the purpose of access to or disclosure of records.
• Consideration of a request from a psychiatric facility to withhold access to a clinical record.

• Review of statutory guardianship for property.

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.

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.

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.

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.

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.

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

Cat. No. 2130772

Further information sheets as well as application forms and detailed contact information for the regional and
head offices of the Board can be obtained by
calling 1-800-461-2036.

© Queen's Printer for Ontario, 2003  |  Privacy Policy  |  Disclaimers  |   Last Modified :