The Consent and Capacity Board is an independent body created by the provincial government of Ontario under the Health Care Consent Act. It conducts hearings under the Mental Health Act, the Health Care Consent Act, the Personal Health Information Protection Act, the Substitute Decisions Act and the Mandatory Blood Testing Act. Board members are psychiatrists, lawyers and members of the general public appointed by the Lieutenant Governor in Council. The Board sits with one, three, or five members. Hearings are usually recorded in case a transcript is required.
Notice of Pilot
The CCB has taken immediate steps to convert hearing processes to an electronic model in response to the COVID-19 public health emergency. This new hearing protocol is designed to protect the health of its members, parties, stakeholders and the public.
All hearings that have been scheduled to convene in person and by way of videoconference have been converted to a teleconference platform. Parties to hearings before the Board are receiving additional information about this new protocol with their Notice of Hearing. Hearings will be scheduled in 2-hour time blocks commencing at 8:15am and concluding at 5:45 pm, absent exceptional circumstances. This protocol is the only means available to deal with hearing pressures given the Board’s limited staff, member and technology resources. 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 has consulted with the Medical Officer of Health and the Ministry in taking this extraordinary step.
We appreciate your co-operation and your patience at this time.