Mental Health and Addictions

What is the Consent and Capacity Board?

The Consent and Capacity Board is an independent administrative tribunal with a mandate to adjudicate on matters of capacity, consent, civil commital, substitute decision making, disclosure of personal health information and mandatory blood testing.

The mission of the Board is to provide fair, timely, effective and respectful hearings that balance legal, medical and healthcare considerations while protecting individual rights and ensuring the safety of the community.

Jurisdiction of the Consent and Capacity Board

The CCB is responsible for holding hearings and for making decisions on matters in which the least restrictive, least onerous and least intrusive decisions are made to:

1. maintain the safety of the individual
2. protect the safety of the community
3. maintain the dignity and autonomy of the individual

The CCB's authority to hold hearings arises under the following legislation:

Health Care Consent Act

• Review of a finding of incapacity to consent to 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;
• Giving directions on issues of treatment, admission to care facilities and personal assistance services;
• Consideration of a request for authority to depart from prior capable wishes of an incapable person;
• Review of a decision to consent to an admission to a hospital, psychiatric facility or other health facility for the purposes of receiving treatment;
• Review of a substitute decision-maker's compliance with the rules for substitute decision-making; and
• Consideration of a request to amend or terminate the appointment of a representative.

Mental Health Act

• Review of involuntary status for a patient subject to a certificate of involuntary status, renewal of involuntary status or continuation of involuntary status
• Consideration of a request to order, vary or cancel specific conditions for an involuntary patient
• Review of a finding of incapacity to manage property;
• Review of whether a young person (aged 12 - 15) requires observation, care and treatment in a psychiatric facility; and
• Review of a Community Treatment Order.

Substitute Decisions Act

• Review of a finding of incapacity to manage property.

Personal Health Information Protection Act

• Review of a finding of incapacity to consent to the collection, use or disclosure of personal health information;
• Review of a substitute decision maker's compliance with the rules for substitute decision-making; and
• Consideration of the appointment of a representative to consent to the collection, use or disclosure of personal health information on behalf of an incapable person.

Mandatory Blood Testing Act

• Consideration of an application from a prescribed individual who has come into contact with bodily fluid of another person for an order for the mandatory testing of that person's blood for certain blood borne pathogens

Making an application to the Board

Applications may be submitted by fax, email or in hardcopy.

Application forms and links to the applicable legislation are available on the Board's website

Hearings before the Board

Most hearings before the Board convene within 7 days of receipt of an application. Hearings are held at up to 250 venues throughout the province, including hospitals, long-term care facilities and community locations. Due to the nature of the majority of the applications before the Board, most hearings are held in Schedule 1 psychiatric facilities.

Information on hearings before the Board is available on the Board's website

Contacting the Board
Telephone: 1-866-777-7391
Fax: 1-866-777-7273
TTY: 1-877-301-0889
Email: ccb@ontario.ca
Website: www.ccboard.on.ca
Mail:
151 Bloor St W
Toronto ON
M5S 2T5