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Location: Consent and Capacity Board  > Consent And Capacity Board


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.

Scheduling a Hearing

If you are a party to a matter before the Board, and you have a preference about the time and date of your hearing, you or your lawyer are encouraged to notify the Board of your preference as soon as possible. If possible, parties are encouraged to talk to other parties to the matter and submit mutually agreeable preferences for hearing dates and times, as this may expedite the scheduling of your hearing. Hearings are legislatively required to convene within 7 calendar days of receipt by the Board (see “When Is My Hearing Due” under the Resources tab on the Board’s website for more information on calculating 7 days) unless all parties agree otherwise. The Board makes efforts to schedule with the preferences of all parties in mind however please note that due to the short timelines and the high volume of hearings this is not always possible. You will receive Notice of your hearing as soon as possible once a date and time has been set.

Updated Rules of Practice

The Board’s proposed updates to the Rules of Practice were posted for comment from May 10 to June 7, 2019. Following a review of all submissions received, the updated Rules were finalized on June 19, 2019. The new Rules can be found on the Legal page of the Board’s website.