The Consent and Capacity Board (CCB) is an independent adjudicative tribunal created under the Health Care Consent Act (HCCA). The Board receives its adjudicative authority from the HCCA, the Mental Health Act, the Substitute Decisions Act, the Personal Health Information Protection Act, the Child Youth and Family Services Act and the Mandatory Blood Testing Act. The CCB’s mandate is to adjudicate on matters of capacity, consent, civil committal, substitute decision-making and other issues affecting citizens of Ontario, the health care community and other government agencies. The CCB is responsible for holding hearings and making decisions in accordance with the legislation and relevant case law. The vast majority of matters heard by the CCB involve reviews of a person’s involuntary status in hospital and/or a review of a finding of incapacity to consent to a proposed treatment and/ or a review of a Community Treatment Order.

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

The Board has three categories of members: Legal Member, Medical Member (Psychiatrist, Physician, Nurse in the Extended Class) and Public Member. Members of the CCB are appointed by the Lieutenant Governor in Council who designates one member as Chair and one or more other members as Vice-Chair(s). Members of the CCB are appointed by Order in Council for a period of 2 years, subject to renewal for a maximum of 10 years.

• Responsibilities: Legal Member, Psychiatrist Member, Physician Member, Registered Nurse in the Extended Class Member, and Public Member
• Qualifications: Legal Member, Psychiatrist Member, Physician Member, Registered Nurse in the Extended Class Member, and Public Member
• Selection Process
• Applying to Become a Member

Lawyer Member Responsibilities:

• Respectfully conduct hearings in accordance with the governing statute and other applicable laws as well as within the policies, procedures and rules of practice developed by the CCB.
• Preside over hearings in a way which is fair, dignified, inclusive, professional, and respects the rules of natural justice.
• Issue written Decisions and/or Endorsements and/or Reasons for Decision.
• Participate fully in deliberations by finding the facts from the evidence, then applying the law to those facts.
• Fulfill the role of presiding member by chairing the hearing, maintaining firm control over the hearing and issuing timely Decision and/or Reasons for Decision.
• Issue clear, well-written, soundly reasoned Decisions, Endorsements and Reasons for Decision, which are understandable and can be implemented by the parties.

Qualifications:

Lawyer Members are required to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively:

• Experience in interpreting and applying legislation with specific knowledge of the Mental Health Act, the Health Care Consent Act, the Substitute Decision Act, the Personal Health Information Protection Act, the Mandatory Blood Testing Act, the Child and Family Services Act and the Statutory Powers Procedures Act.
• Understanding of the professional, institutional and community context within which the Board operates.
• Demonstrated analytical, conceptual, problem-solving, decision-making skills.
• Well-developed writing skills.
• Ability to listen and communicate clearly and effectively.
• Good standing with the Law Society of Ontario.

Psychiatrist Member Responsibilities:

• Respectfully conduct hearings in accordance with the governing statute and other applicable laws as well as within the policies, procedures and rules of practice developed by the Consent and Capacity Board.
• Actively listen to comprehend interests and positions, which are sometimes difficult to ascertain.
• Contribute to making rulings necessary for the proper and expeditious conduct, control and completion of the hearing.
• Participate fully in deliberations by findings the facts from the evidence, then applying the law to those facts.

Qualifications:

Psychiatrist Members are required to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively:

• Experience in interpreting and applying legislation with specific knowledge of the Mental Health Act, the Health Care Consent Act, the Substitute Decision Act, the Personal Health Information Protection Act, the Mandatory Blood Testing Act, the Child and Family Services Act and the Statutory Powers Procedures Act.
• Understanding of the professional, institutional and community context within which the Board operates.
• Demonstrated analytical, conceptual, problem-solving, decision-making skills.
• Ability to listen and communicate clearly and effectively.
• Current registration with the College of Physicians and Surgeons.
• A specialist’s certificate in psychiatry issued by The Royal College of Physicians and Surgeons of Canada.

Registered Nurse in the Extended Class Member Responsibilities:

• Respectfully conduct hearings in accordance with the governing statute and other applicable laws as well as within the policies, procedures and rules of practice developed by the Consent and Capacity Board.
• Actively listen to comprehend interests and positions, which are sometimes difficult to ascertain.
• Contribute to making rulings necessary for the proper and expeditious conduct, control and completion of the hearing.
• Participate fully in deliberations by findings the facts from the evidence, then applying the law to those facts.

Qualifications:

Nurse in the Extended Class Members are required to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively:

• Experience in interpreting and applying legislation with specific knowledge of the Mental Health Act, the Health Care Consent Act, the Substitute Decision Act, the Personal Health Information Protection Act, the Mandatory Blood Testing Act, the Child and Family Services Act and the Statutory Powers Procedures Act.
• Understanding of the professional, institutional and community context within which the Board operates.
• Demonstrated analytical, conceptual, problem-solving, decision-making skills.
• Ability to listen and communicate clearly and effectively.
• Ability and willingness to travel within the province on short notice (e.g. within 24 hours).
• Current registration with the College of Nurses of Ontario as a Registered Nurse in the Extended Class.

Physician Member Responsibilities:

• Respectfully conduct hearings in accordance with the governing statute and other applicable laws as well as within the policies, procedures and rules of practice developed by the Consent and Capacity Board.
• Actively listen to comprehend interests and positions, which are sometimes difficult to ascertain.
• Contribute to making rulings necessary for the proper and expeditious conduct, control and completion of the hearing.
• Participate fully in deliberations by findings the facts from the evidence, then applying the law to those facts.

Qualifications:

Physician Members are required to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively:

• Experience in interpreting and applying legislation with specific knowledge of the Mental Health Act, the Health Care Consent Act, the Substitute Decision Act, the Personal Health Information Protection Act, the Mandatory Blood Testing Act, the Child and Family Services Act and the Statutory Powers Procedures Act.
• Understanding of the professional, institutional and community context within which the Board operates.
• Demonstrated analytical, conceptual, problem-solving, decision-making skills.
• Ability to listen and communicate clearly and effectively.
• Ability and willingness to travel within the province on short notice (e.g. within 24 hours).
• Current registration and good standing with the College of Physicians and Surgeons.

Public Member Responsibilities:

• Respectfully conduct hearings in accordance with the governing statute and other applicable laws as well as within the policies, procedures and rules of practice developed by the Consent and Capacity Board.
• Actively listen to comprehend interests and positions, which are sometimes difficult to ascertain.
• Contribute to making rulings necessary for the proper and expeditious conduct, control and completion of the hearing.
• Participate fully in deliberations by findings the facts from the evidence, then applying the law to those facts.

Qualifications:

Public Members are required to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively:

• Experience in interpreting and applying legislation with specific knowledge of the Mental Health Act, the Health Care Consent Act, the Substitute Decision Act, the Personal Health Information Protection Act, the Mandatory Blood Testing Act, the Child and Family Services Act and the Statutory Powers Procedures Act.
• Understanding of the professional, institutional and community context within which the Board operates.
• Demonstrated analytical, conceptual, problem-solving, decision-making skills.
• Ability to listen and communicate clearly and effectively.
• Ability and willingness to travel within the province on short notice (e.g. within 24 hours).

Selection Process

Appointments to the Consent and Capacity Board follow a competitive, merit-based selection process that includes the following:

1. An appointment advertisement will be posted on a government website for a minimum of ten days excluding Saturday, Sunday and holidays. The appointment advertisement will include the skills, knowledge, experience, other attributes and specific qualifications required for the position.
2. Applications on file and those received during the posting period will be reviewed by the Public Appointments Secretariat to assess the following criteria: Experience, knowledge or training in the subject matter and legal issues dealt with by the tribunal; aptitude for impartial adjudication; aptitude for applying alternative adjudicative practices and procedures that may be set out in the tribunal's rules.
3. Applicants that meet the above criteria may be considered for further evaluation in the selection process through writing samples, reasons writing, personal or videoconference interviews, and/ or enhanced reference checks.

Applying to Become a Member

When the Board has openings for new members, a posting with all available; information can be found on the Public Appointments Secretariat (PAS) website.

If you are interested in applying, you will need to:

1. Apply online on PAS Website

   To apply for advertised appointments:

   1. Create your account
   2. Complete your profile
   3. Apply for advertised positions
   
   

   Creating an online account is useful and allows government ministries to see your profile as they look for suitable candidates for available positions. Once your account is set up, you can also:

   • express interest in agencies and sectors of your choice
   • sign up to receive email alerts when advertisements are posted
   • view your application history
   • adjust your profile visibility to all ministries, or restrict it to only your agencies of choice
   • change your preferences at any time
   
   
2. Send a Copy of your Application to CCB

   Please send a copy of your application or resume, along with the proof of submission to PAS (if available), to the CCB either by fax to 1-866-777-7273 ; or by email to ccb@ontario.ca.