The Consent and Capacity Board is a quasi-judicial administrative tribunal which operates at arm's length from the Ministry of Health under the authority of the Health Care Consent Act. The Board convenes hearings and makes decisions under six Acts including the Health Care Consent Act, the Mental Health Act, the Substitute Decision Act, the Personal Health Information Protection Act, the Child Youth and Family Services Act and the Mandatory Blood Testing Act. Hearings are adjudicated by members appointed by the Lieutenant Governor in panels of one, three or five. Hearings convene within seven days of an application and decisions are issued within one day of the conclusion of a hearing.
Notice of Pilot Phase 2
In response to the COVID 19 pandemic, effective March 16, 2020, all Consent and Capacity matters shifted to an electronic format. All hearings proceeded by teleconference, unless otherwise advised.
Effective December 7, 2020, the Board commenced a pilot project to expand its capacity to conduct hearings by videoconference on the Zoom platform. This pilot allowed parties to request a hearing by videoconference with consideration given to complex matters and those requiring an accommodation.
Effective July 5, 2021 Phase 2 of the pilot will commence, as the Board continues to expand its use of videoconference.
A party may make a request for a hearing to convene by videoconference for any reason, following the protocol below:
The Board has limited capacity for videoconference hearings at this time. All mutual requests for videoconference will be granted if capacity is available. If videoconference capacity has been reached the hearing will convene by teleconference or the parties may pursue a rescheduling following the normal rescheduling protocols.
Kindly continue to assist us in our efforts by:
We thank you for your patience and ongoing cooperation as the Board continues to evolve to better meet the needs of stakeholders in these unique circumstances. while ensuring that hearings can continue uninterrupted notwithstanding these challenging times.
Continuing Hearing Operations during COVID
Effective March 16 2020 the CCB implemented a new hearing protocol designed to ensure uninterrupted hearing operations while adhering to all provincial and municipal COVID-related requirements and recommendations and protecting the health of its members, parties, stakeholders and the public during this public health emergency.
No in-person hearings are being held at this time. The Board's current standard hearing operation is to convene hearings by teleconference. Hearings are scheduled by the Board in two hour time blocks commencing at 8:15 am and concluding at 5:45 pm, absent exceptional circumstances. Documents to be presented at hearing by parties must be submitted to the Board in advance by email or fax. Please see Policy Guideline 4 for information on providing hearing documents to the Board and other parties. Please note that the Board has Rules of Practice which include specific Rules related to Written and Electronic Hearings which parties are encouraged to review.
It is of utmost importance that the rights of vulnerable persons are protected as set out in the legislation in the context of the current emergency. In carrying out the Board’s mandate in these extraordinary times the Board is even more focused on working to ensure hearings are conducted in a timely and efficient manner. The Board may elect to prioritize certain matters as required. The Board's hearing operations continued to be reviewed as the public health situation evolves and further changes or updates may be implemented as necessary.
We appreciate your co-operation and your patience at this time.