PREAMBLE

These Rules have been adopted by the Consent and Capacity Board (the "Board") pursuant to section 25.1 of the Statutory Powers Procedure Act. Except where their application is statutorily excluded, these Rules apply to all hearings held by the Board including those held under the Child, Youth and Family Services Act, 2017, Health Care Consent Act, 1996, Mental Health Act, Mandatory Blood Testing Act, 2006, Personal Health Information Protection Act, 2004, and Substitute Decisions Act, 1992, and any other legislation pursuant to which the Board is required to hold hearings.

1. PURPOSE OF THE RULES:
   1.1 The purpose of these Rules is to provide a just, fair, accessible, and understandable process for parties to hearings before the Board. The Rules attempt to facilitate access to the Board; to promote respectful hearings; to promote consistency of process; to make hearings less adversarial; to make hearings as cost effective as possible for all those involved in Board hearings by ensuring their efficiency and timeliness; to avoid unnecessary length and delay of hearings; to assist the Board in fulfilling its statutory mandate; and in delivering a just and fair determination of the matters which come before it.
   
   1.2 These Rules are to be read in conjunction with the Statutory Powers Procedure Act. The Board will also consider the Board’s Policy Guidelines and other Board policies, practice directions or procedural directions.
   
   
2. APPLICATION OF RULES:
   2.1 These Rules apply to all hearings of the Board.
   
   2.2 Where any of these Rules conflict with any statute or regulation or where the application of these Rules is statutorily excluded, the provisions of the statute or regulation will prevail.
   
   2.3 Where something is not provided for in these Rules, the practice may be decided by referring to a similar provision in these Rules.
   
   2.4 In applying these Rules, the Board will make orders and give directions that are proportionate to the complexity of the issues and the interests at stake.
   
   
3. DEFINITIONS:
   “business day" means any day other than a Saturday, Sunday or a holiday.
   
   “case conference” has the same meaning as “pre-hearing conference” in the Statutory Powers Procedure Act (SPPA).
   
   “Chair” means a member of the Board designated by the Lieutenant Governor in Council as chair, and is the chief executive officer of the Board.
   
   “document” includes a paper, book, record, sound recording, video, photograph, chart, graph, and information recorded or stored by means of any device.
   
   “electronic hearing” means a hearing by teleconference, videoconference or any other form of electronic communication.
   
   "filing" means the delivery of any document to the Board’s Deputy Registrar and its confirmed receipt by the Board.
   
   “hearing” includes a case conference, a motion, or a hearing of the application on the merits in which a party has the opportunity to participate in writing, in-person, or electronically.
   
   “hearing panel” includes one member sitting alone or panels of three or five members.
   
   “helping professionals” are people who provide services to individuals and to the community, including occupational therapists, counsellors, psychologists, therapists, social workers and community support workers.
   
   “holiday” means any Saturday, Sunday, statutory holiday or other holiday observed by government.
   
   “member” means a person appointed to the Board by Order in Council made by the Lieutenant Governor in Council.
   
   "motion" means a request for the Board’s ruling or decision on a particular issue at any stage within a hearing.
   
   “panel” means the member or, collectively, the members assigned to a hearing.
   
   “party bearing the onus of proof” means:
   
   1. The attending physician in Form 16 and 17 applications,
   2. The physician who issued or renewed the Community Treatment Order in Form 48 applications,
   3. The health care practitioner/evaluator/capacity assessor in Form A, 18, P1, and Y1 applications,
   4. The applicant in all remaining applications.
   
   
   “service” means the delivery of a document to a person or to a person’s legal representative in accordance with these Rules.
   
   
4. BOARD POWERS:
   4.1 The Board may exercise any of its powers under these Rules on its own initiative or at the request of any party.
   
   4.2 During any hearing, the Board may do whatever is necessary and permitted by law to enable it to effectively and completely adjudicate on the matter before it. The Board may decide the procedure to be followed for any hearing and may make procedural directions or orders at any time. The Board may impose such conditions as are appropriate and fair.
   
   4.3 In order to ensure the fair, just and expeditious determination of the hearings before it, the Board may waive, vary or dispense with the application of any Rule or procedure, on its own initiative or on the request of a party, except where to do so is prohibited by legislation or a specific rule.
   
   4.4 In order to provide for the fair, just and expeditious determination of any matter before it, and subject to all applicable statutory requirements and procedural fairness, the Board may take steps to manage its process, including
   
   1. lengthen or shorten any time limit in these Rules,
   2. allow any filing to be amended,
   3. consolidate or hear applications together,
   4. direct that applications be heard separately,
   5. direct that notice of a hearing be given to any person or organization,
   6. determine and direct the order in which issues in a hearing, including issues considered by a party or the parties to be preliminary, will be considered and determined,
   7. define and narrow the issues in order to decide an application,
   8. make or cause to be made an examination of records or other inquiries, as it considers necessary,
   9. determine and direct the order in which evidence will be presented,
   10. permit a party to give a narrative before questioning commences,
   11. question a witness,
   12. limit the evidence or submissions on any issue,
   13. advise when additional evidence or witnesses may assist the Board, and
   14. make such further orders as are necessary to give effect to an order or direction under these Rules.
   
   
5. COMPUTING TIMES:
   5.1 In computing time periods under these Rules or in an order or decision, except as provided by statute or where a contrary intention appears:
   
   1. where there is a reference to a number of days between two events, they will be counted by excluding the day on which the first event happens and including the day on which the second event happens,
   2. where the time for doing an act under these Rules expires on a non-business day, the act may be done on the next day that is a business day,
   3. where, under these Rules, a document would be deemed to be received or service would be deemed to be effective on a day that is a non-business day, it will be deemed to be received or effective on the next day which is a business day, and
   4. if a document is received after 4 p.m. on a business day, it will be deemed to have been received on the next business day.
   
   
6. PARTIES:
   6.1 The following persons are parties to an application for the purpose of these Rules:
   
   1. persons specified as parties by the statute under which the application arises, and
   2. any other person the Board specifies.
   
   
   6.2 In deciding whether to specify a person as a party to an application, the Board may consider
   
   1. the nature of the case,
   2. the issues,
   3. whether the person has a genuine interest in the issues,
   4. whether the person’s interests may be directly and substantially affected by the hearing or its result,
   5. whether the person is likely to make a useful and distinct contribution to the Board’s understanding of the issues in the hearing,
   6. efficiency and timeliness, and
   7. any other relevant factor.
   
   
   6.3 The Board may require persons who have similar interests to designate one person to act as their spokesperson, or to co-ordinate their submissions.
   
   
7. LEGAL REPRESENTATION:
   7.1 Parties may be self-represented or represented by a person licensed by the Law Society of Ontario, or by an unlicensed person as permitted by the Law Society Act, its by-laws and regulations, subject to any limitations set out in these Rules.
   
   7.2 Legal representatives have duties to both the Board and to the party they are representing. Legal representatives must provide contact information to the Board and be available to be contacted promptly. Legal representatives are responsible for conveying Board communications and directions to their client. Legal representatives are expected to be familiar with the Board’s rules, policy guidelines, practice directions, and procedures, to communicate the Board’s expectations to their client, and to provide timely responses to the other parties and to the Board.
   
   7.3 Where a legal representative wishes to cease acting for a client, the legal representative must immediately advise the Board and the other parties in writing and provide up-to-date contact information for the party and any new legal representative and confirm they have transferred the file and file documents to the new legal representative. Where a legal representative wishes to cease acting for a client, the Board may issue directions to ensure fairness to all parties and to prevent undue delay of proceedings.
   
   7.4 The tribunal may disqualify a legal representative from appearing before it where the legal representative's continued appearance would lead to an abuse of process.
   
   7.5 If it appears to the Board, prior to the commencement of or at any time during the hearing, that the subject of the application may not have legal representation at the hearing, the Board may exercise its powers under section 81 of the Health Care Consent Act, 1996 to direct Legal Aid Ontario to arrange for legal representation to be provided for the person.
   
   7.6 In order to exercise its powers under section 81 of the Health Care Consent Act, 1996 the Board or its administrative staff may make inquiries for the sole purpose of determining whether the subject of the application is or may be incapable and wishes to be represented by a legal representative at the hearing.
   
   7.7 Given the significant liberty, autonomy and dignity interests at stake in Board matters, and taking into account the vulnerable parties that may be involved in a Board hearing, law students, students-at-law and articling students may not appear on behalf of a party in Board hearings, other than for minor administrative appearances such as rescheduling a hearing.
   
   
8. SUPPORT PERSON:
   8.1 A support person, such as a family member or friend, may attend a hearing with a party or witness to assist the person in participating in the proceeding and in communicating with the Board, and may sit with the party throughout the hearing. Such a support person is not considered a legal representative, and they do not make submissions on the party's behalf. Any party who wishes to have a support person at the hearing should inform the Board and provide the support person’s contact information in advance of the hearing.
   
   8.2 A support person is not permitted to appear as a witness at the hearing.
   
   
9. INTERVENORS:
   9.1 In exceptional circumstances, the Board may allow a person to intervene in any application on such terms as the Board may determine. The Board will determine the extent to which an intervenor will be permitted to participate in a proceeding.
   
   9.2 A request to intervene by a person must be made in writing and must be delivered to all parties and filed with the Board.
   
   
10. AMICUS CURIAE:
    10.1 The Board may appoint a legal representative to participate in the hearing, or part of the hearing as amicus curiae, or friend of the Board, to assist the Board. The Board may define the role of amicus curiae on a case-by-case basis. Amicus curiae is not a party to the proceeding.
    
    
11. COURTESY AND RESPECT:
    11.1 All persons participating in a Board hearing or communicating with the Board must act in good faith and in a manner that is courteous and respectful of the Board and all other participants.
    
    11.2 All parties and legal representatives must act in accordance with the Board’s Safe Hearings Policy and legal representatives must also act in accordance with their obligations under the Law Society of Ontario’s Rules of Professional Conduct.
    
    
12. FILING APPLICATIONS AND OTHER DOCUMENTS WITH THE BOARD:
    12.1 An application, notice or any other document must be filed with the Board, unless otherwise directed by the Board and subject to Rule 33.
    
    12.2 Subject to Rule 5, documents are deemed to be filed as of the date and time they are received by the Board.
    
    12.3 A document may be filed by:
    
    1. electronic mail at the Board’s main email address,
    2. facsimile,
    3. courier service,
    4. regular mail, or
    5. any other means directed by the Board.
    
    
13. SERVICE OF DOCUMENTS:
    13.1 Service may be effected by:
    
    1. delivery of the document by electronic mail to a person or the person’s legal representative,
    2. faxing the document to the last known fax number of the person or to the person’s legal representative,
    3. personal delivery of a document to a person or to the person’s legal representative,
    4. delivery of the document by regular mail, courier, or Priority Post, to the last known address of the person or to the person’s legal representative, or
    5. any other means authorized or permitted by the Board for delivery of the document or for communicating the information contained in the document.
    
    
    13.2 If the Board is aware that the subject of an application is a young person under the age of 16, a document will be served on the young person or the young person’s legal representative, if any. If the young person does not have a legal representative, a document may be served on both the young person and the Children’s Lawyer.
    
    13.3 Service is deemed to be effective, when delivered by:
    
    1. electronic mail, before 4 p.m. on the day it was sent, and after that time, on the next day,
    2. fax, before 4 p.m. on the date it was sent, and after that time, on the next day,
    3. regular mail, the fifth day after the document was mailed,
    4. courier, on the day after the courier picks it up for delivery,
    5. personal delivery, before 4 p.m. on the day of delivery, and after that time, on the next day, or
    6. any means authorized or permitted by the Board, on the date specified by the Board in its direction.
    
    
    13.4 Service upon a person’s legal representative is effective service upon the party the legal representative represents unless the Board has ordered otherwise.
    
    13.5 After an application is filed with the Board, a party may waive service by the Board or by any other party, of a notice of hearing or any other document.
    
    13.6 Parties serving documents will include their name, address, electronic mail and telephone and fax numbers, as applicable.
    
    
14. INCOMPLETE OR TECHNICALLY DEFECTIVE APPLICATIONS:
    14.1 Upon receiving an application that appears incomplete, the Board will contact the person submitting the application to obtain the missing information. If information required to establish the nature of the application, the parties or other facts material to the ability to hold a hearing cannot be obtained following reasonable inquiry, the Board may decide not to process the application.
    
    14.2 Upon receiving an application that appears to be materially defective, the Board will notify the person submitting the application of the defect. If the defect is not promptly remedied, the Board may decide not to process the application.
    
    14.3 The Board will give the applicant, and such other persons as the Board deems appropriate, notice of its decision not to process the application, and will set out the reasons for the decision and the requirements for commencement of processing of the application.
    
    14.4 The application will be deemed to have been received by the Board if and when these requirements have been met to the satisfaction of the Board.
    
    
15. DISMISSAL OF APPLICATION WITHOUT HEARING:
    15.1 The Board may dismiss an application without a hearing if:
    
    1. the application is frivolous, vexatious or is commenced in bad faith,
    2. the application relates to matters that are outside of the jurisdiction of the Board, or
    3. the statutory requirements for bringing the application have not been met.
    
    
    15.2 Before dismissing an application under this section, the Board will give notice of its intention to dismiss the application to:
    
    1. all parties to the application, if the application is being dismissed for reasons referred to in Rule 15.1(b), or
    2. the party who commenced the application, if the application is being dismissed for any other reason.
    
    
    15.3 The notice of intention to dismiss an application will set out the reasons for the intended dismissal and inform the parties of their right to make written submissions to the Board with respect to the dismissal within five days of service of the notice.
    
    15.4 Notwithstanding Rule 15.3 above, the Board may determine the process in respect of any notice of intention to dismiss and any related submissions, at its sole discretion.
    
    
16. WITHDRAWAL OF APPLICATION:
    16.1 If no substantive evidence has been accepted in the application, an applicant may withdraw all or part of the application by:
    
    1. filing a written notice of withdrawal to the Board, or
    2. withdrawing the application orally at the outset of the hearing.
    
    
    16.2 If substantive evidence has been accepted in the application, a party who wants to withdraw must request leave of the panel to withdraw and, subject to the discretion of the hearing panel, give reasons for why the withdrawal should be permitted.
    
    16.3 When considering any request for withdrawal under Rule 16.2, a panel will consider factors including, but not limited to:
    
    1. whether the Board has utilized significant tribunal time and resources up to the time of the withdrawal request,
    2. if the motive for the withdrawal is improper or vexatious,
    3. if the withdrawal would encourage a multiplicity of proceedings such as another application involving the same matter,
    4. if there is greater harm to the public interest in permitting the withdrawal than denying it,
    5. if the withdrawal should be considered with or without prejudice to reapply.
    
    
    16.4 If a withdrawal is granted with prejudice under Rule 16.2, a party must request leave to either:
    
    1. reapply if they wish to bring a new application with respect to the same matter, or
    2. re-open the application that was previously withdrawn.
    The Board may grant leave to reapply or to re-open the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interest of justice to grant leave in the circumstances.
    
    16.5 A party to a hearing before the Board who, before the time of the hearing, takes an action that may make the hearing unnecessary will:
    
    1. notify the Board about such action immediately by filing with the Board, and sending to the other parties, the document (if any) that may render the hearing unnecessary, or
    2. provide notice to the Board and to the other parties in writing, explaining the circumstances that may render the hearing unnecessary.
    
    
    16.6 A hearing cannot be cancelled until the Board receives a written notice of withdrawal or until the Board is reasonably satisfied that appropriate documentation has been completed. If, for any reason, the Board is not satisfied that an application has been properly withdrawn or that a hearing has become unnecessary, the Board may proceed with the hearing. Only the Board may determine if a hearing has become unnecessary.
    
    16.7 Where the applicant is represented by their legal representative, the written notice of withdrawal must be filed by the legal representative. The notice of withdrawal does not need to be in any particular format but must be in writing.
    
    
17. SETTING DATES IN A HEARING:
    17.1 The Board may schedule hearing dates and times, with or without consultation with the parties, as the Board considers appropriate, and in accordance with the Board’s empowering legislation.
    
    17.2 For the purpose of these Rules, a hearing commences with a case conference, a motion, or a hearing of the application on the merits.
    
    
18. NOTICE OF HEARING:
    18.1 Notice of a hearing will be provided by the Board to the parties and other persons as permitted by statute.
    
    18.2 In addition to providing the information required by statute, the Board may include in a notice of hearing any other information or directions it considers necessary for the proper conduct of the hearing.
    
    18.3 The Board may serve notice of a hearing orally, only if the Board considers this form of notice appropriate and necessary in the circumstances.
    
    18.4 If, at the commencement of a hearing, the Board is not satisfied that all parties have received notice of the hearing, the Board may adjourn the hearing to ensure efforts have been made to provide notice to all parties.
    
    18.5 If satisfied that efforts have been made to locate the parties and to give notice to those parties whose contact information has been provided, the Board may make an Order dispensing with service.
    
    
19. ELECTRONIC HEARINGS:
    19.1 All Board hearings are held electronically by video or by teleconference.
    
    19.2 In advance of any hearing proceeding electronically, the Board will provide the parties and their legal representative, where applicable, with the information necessary to join the hearing.
    
    19.3 The choice of platform for any electronic hearing is at the Board’s sole discretion. However, any party may request that a video hearing be converted to a teleconference hearing or that a teleconference hearing be converted to video hearing. The other parties will be given an opportunity to make submissions regarding any such request. After submissions are complete, the Board will consider the request and provide the parties with a response as soon as is reasonably practical.
    
    19.4 If a party objects to an electronic hearing they must file a written objection with the Board prior to the hearing. An objection to an electronic hearing must set out how an electronic hearing would cause that party significant prejudice. The other parties will be given an opportunity to make submissions regarding any such request. After submissions are complete, the Board will consider the objection and provide the parties with a response as soon as is reasonably practical.
    
    
20. IN-PERSON HEARINGS:
    20.1 This Rule applies only to those hearings that the Board has determined will proceed as an in-person hearing.
    
    20.2 Where the subject of the application is an inpatient in a hospital or psychiatric facility, or a resident of a long-term care home or confined in a care facility:
    
    1. the Board hearing will be held at the hospital, psychiatric facility, long-term care home or care facility, as applicable, or
    2. where it is not possible to hold the hearing at the place set out in Subrule 20.2(a), the Board has sole discretion to decide on an alternative location, having regard to the factors set out in Subrule 20.4 (a-i).
    
    
    20.3 Where the subject of the application is living in the community and is subject to treatment, and the hearing relates to matters involving treatment, the hearing will ordinarily be held at the health facility from which the person receives treatment.
    
    20.4 Where the subject of the application is living in the community and the hearing relates to matters not involving treatment, the Board will decide where the hearing will be held having regard to:
    
    1. the location of the person who is the subject of the application,
    2. the convenience of the parties,
    3. the availability of a suitable hearing room,
    4. the cost, efficiency and timeliness of the hearing,
    5. the avoidance of delay,
    6. the fairness of the process,
    7. public accessibility to the hearing,
    8. the fulfilment of the Board’s statutory mandate, and
    9. any other matter relevant in order to secure the just and expeditious determination of the subject matter of the hearing.
    
    
21. WRITTEN HEARINGS:
    21.1 The Board may decide in its sole discretion to conduct all or any part of a hearing by way of written hearing.
    
    21.2 The Board will provide the parties with a timetable for the delivery of evidence and submissions. Following the close of submissions, the Board will issue a Decision within the legislated timelines.
    
    21.3 If a party objects to a written hearing they will file a written objection with the Board before the hearing. An objection to a written hearing must set out the reasons why a written hearing is not appropriate. The Board will consider the objection and provide the parties with a response as soon as is reasonably practical.
    
    
22. COMMUNICATION WITH THE BOARD:
    22.1 Unless otherwise directed, all communication with a hearing panel, other than during a hearing, must be sent through the Board office, and may be sent electronically or by facsimile.
    
    22.2 All parties must be copied on written communication sent to the Board Office about the substance of the hearing. If this Rule is not followed, the Board may not accept or process the communication.
    
    22.3 All written and oral communications with the Board must be relevant to the hearing and respectful to all participants in the hearing and to the Board.
    
    22.4 Emails to the Board must be original emails that are specific and require the attention of the Board and must not include lengthy communications among the parties.
    
    
23. MOTIONS:
    23.1 A motion may be made by a party to the hearing or by a person with an interest in the hearing.
    
    23.2 Where a person who has an interest in the hearing brings a motion, the Board may deal with the motion as if that person were a party for the purposes of the motion only.
    
    23.3 At the earliest possible date before the scheduled hearing date, and in any event no later than 2:00 p.m. on the day before the scheduled hearing date, the party or person who wishes to bring a motion will give written notice of the motion to all other parties and to the Board. If necessary, leave to bring a motion may be sought at the commencement of the hearing.
    
    23.4 Notice of a motion does not need to be in any particular form, but it must set out the grounds for the motion and the relief requested, and it must be sent to the Board by:
    
    1. electronic mail to the Board’s main email address with the subject line: “Notice of Motion” and the file number, if known,
    2. facsimile,
    3. regular mail,
    4. courier,
    5. any other means directed by the Board.
    
    
    23.5 The Board may decide in its sole discretion to hear a motion electronically, in writing or in person. The Board may determine whether the motion should be heard prior to or on the scheduled hearing date.
    
    23.6 The Board may direct the procedure to be followed for the hearing of a motion and may set applicable time limits.
    
    
24. CASE CONFERENCES:
    24.1 The Board may, at the request of a party or on its own initiative, direct the parties to appear before a member of the Board for a case conference for the purpose of considering any or all of the following:
    
    1. the identification, simplification and/or resolution of some or all of the issues,
    2. the settlement of any or all of the issues,
    3. the identification of facts or evidence that may be agreed upon by the parties,
    4. the identification of all parties to the hearing,
    5. the dates by which any steps in the hearing are to be taken or begun,
    6. the estimated duration of the hearing,
    7. the identification of witnesses,
    8. any other matter that may assist in the just and most expeditious disposition of the hearing.
    
    
    24.2 Any request for a case conference must be made in writing and must copy all of the parties. The request must explain the reason for the request and if the other parties agree to the request.
    
    24.3 The decision to allow or deny a party’s request for a case conference is at the Board’s discretion.
    
    24.4 The Board may set its own process for scheduling a case conference requested by a party.
    
    24.5 The Board may direct the parties to serve documents or submissions prior to the case conference.
    
    24.6 The Board will send to all parties a notice of the date and time of the case conference unless a panel orders the parties to attend a case conference on a specified date and time. In accordance with Rule 17.2, a case conference may commence the hearing of an application on the merits.
    
    24.7 A court reporter may be ordered for a case conference at the discretion of the Board.
    
    24.8 A case conference will be conducted by a Board member.
    
    24.9 A case conference may be held electronically, in writing or in person. A case conference will not be open to the public.
    
    24.10 All documents intended to be used at the hearing that may be of assistance in achieving the purposes of a case conference will be made available to the member presiding at the case conference.
    
    24.11 At the conclusion of the case conference, the presiding member may make any order considered necessary or advisable with respect to the conduct of the hearing, including an order adding parties, and the order binds the parties unless the member presiding at the hearing orders otherwise. A copy of the order will be placed in the hearing record and made accessible to the hearing panel.
    
    24.12 The member who presides over a case conference may preside over the hearing of the application on the merits, unless the parties attempted to settle the issues during the case conference, in which case the member may only participate with the consent of all parties.
    
    
25. HEARINGS IN ENGLISH AND FRENCH:
    25.1 Subject to the provisions of the French Language Services Act, the Board may conduct its hearings in English or French, or partly in English and partly in French.
    
    25.2 Parties are required to notify the Board if they or their witnesses wish to receive any or all services in the French language. This notification will occur at the time the application is made or at the earliest possible opportunity thereafter.
    
    
26. INTERPRETERS:
    26.1 If a party or a party’s witness requires language interpretation, sign language interpretation services in order to participate fully in a hearing the party will notify the Board at the earliest possible opportunity. The Board, at its expense, will arrange for an interpreter or service as it deems necessary for the proper conduct of the hearing.
    
    26.2 If a health practitioner, legal representative, helping professional or rights adviser is of the opinion that a party or a party’s witness requires a language interpreter or sign language interpretation services at the hearing, that person will notify the Board office at the earliest opportunity.
    
    26.3 Where a written submission or written evidence is provided in a language other than the language of the hearing, the Board may order any person presenting the submission or evidence to provide it in the language of the hearing if the Board considers it necessary for the fair disposition of the matter.
    
    
27. ACCOMMODATION:
    27.1 All participants in a hearing are entitled to accommodation of their needs under the Human Rights Code (the “Code”), to the point of undue hardship. A participant in a hearing must notify the Board as soon as possible of any accommodation requests, ideally at the time the application is made.
    
    27.2 If a health practitioner, legal representative, helping professional or rights adviser is of the opinion that a participant in a hearing has Code related accommodation needs that should be met during the hearing process, that person will notify the Board office at the earliest possible opportunity, ideally at the time the application is made.
    
    
28. PROCEDURE AT A HEARING:
    28.1 The Board controls its own process and will determine its own practices and procedures during the hearing according to the legislation, principles of common law and its Rules.
    
    28.2 The Board actively adjudicates applications. Active adjudication may include:
    
    1. adding an application,
    2. deciding what issues need to be addressed,
    3. deciding what procedures are appropriate in the circumstances,
    4. helping parties, legal representatives and witnesses understand the application process and these Rules,
    5. providing general information about the laws that apply to the application as well as evidentiary requirements,
    6. advising when additional documentary evidence or witnesses may assist the Board to conduct its review,
    7. requiring a party or other person to produce any document, information or thing and to provide such assistance as is reasonably necessary,
    8. clarifying the evidence,
    9. deciding the order for parties to present evidence or submissions at a hearing,
    10. limiting the evidence and submissions on any issue,
    11. asking parties, legal representatives, and witnesses questions at any time during the hearing,
    12. taking any other action or making any other order the Board determines appropriate or fair in the circumstances.
    
    
    28.3 Mediation, which is a procedural step not forming part of the hearing, may be held for the purpose of attempting to reach a settlement of any or all of the issues, or at least their simplification.
    
    28.4 Unless directed otherwise by the Chair, only lawyer members of the Board who are also lawyer licensees of the Law Society of Ontario will preside over hearings.
    
    28.5 Only documentary evidence entered as an exhibit during a hearing may be considered by the panel in determining a matter. Parties may not provide additional documents or evidence outside of the hearing process, except upon the request or Order of the Board.
    
    28.6 Parties may not communicate privately with the panel assigned to the hearing before, during or after the hearing. Any private communications received from any party by a hearing panel will be promptly forwarded to the Board for its review and will generally be shared with the other parties.
    
    28.7 Hearings before the Board are generally anticipated to conclude within two hours of the start time of the hearing. If a hearing is not completed within the scheduled time, the hearing panel may adjourn the hearing in order to attend other hearings.
    
    28.8 If a party anticipates that more than two hours will be required to complete a scheduled hearing, the Board must be notified in writing, no later than noon, two days before the scheduled hearing, and the party must set out the reason additional time will be needed, and the total amount of time required to complete the hearing. The Board may submit any such request to a hearing panel to be considered at the outset of a hearing.
    
    28.9 Hearing days are anticipated to be from 9:00 a.m. to 5:00 p.m., Monday to Friday.
    
    
29. PUBLIC ACCESS TO HEARINGS:
    29.1 All Board hearings of applications on the merits will be open to the public except where, in accordance with the criteria provided in section 9(1) of the Statutory Powers Procedure Act, the Board is of the opinion that a matter should be heard in the absence of the public. At any time after the commencement of the hearing, the Board may close the hearing on its own initiative or at the request of a party.
    
    
30. NON-ATTENDANCE AT A HEARING:
    30.1 Where a party has been notified of a hearing and fails to attend, the panel may:
    
    1. proceed in the party's absence,
    2. determine that the party is not entitled to further notice of the hearing,
    3. determine that the party is not entitled to present evidence or make submissions to the Board,
    4. decide the application based solely on the materials before it,
    5. deem the application withdrawn on a with or without prejudice basis,
    6. take any other action it considers appropriate.
    
    
31. ADJOURNMENTS:
    31.1 Once commenced, a hearing may be adjourned at the discretion of the Board. The Board may adjourn the hearing on its own initiative or at the request of a party. In granting an adjournment, the Board may impose such conditions as it considers appropriate.
    
    31.2 The Board may reschedule a hearing on the consent of the parties.
    
    
32. EVIDENCE:
    32.1 At a hearing, the Board may admit any evidence relevant to the subject matter of the hearing. The Board may receive any facts agreed upon by the parties without proof or evidence. The Board may direct the form and order in which evidence will be received.
    
    32.2 Where a proposed exhibit is not a document and it is not reasonably practicable to produce a documentary likeness of that exhibit, such as a photograph, every party and the Board will have a right of reasonable access to the exhibit prior to final submissions. The party who seeks to adduce this type of exhibit must produce it in an accessible format so that the parties and hearing panel can view and/or hear it. The party must provide a copy of the proposed exhibit to the hearing panel in a format that enables it to be entered as an exhibit. The party must also make the necessary arrangements for any equipment required to view or hear the exhibit.
    
    
33. DISCLOSURE AND FILING DOCUMENTS AT A HEARING:
    33.1 The Board may at any stage in a hearing, including prior to a case conference, order any party to provide such further particulars or disclosure as the Board considers necessary for a full and fair determination of the issues in the hearing.
    
    33.2 A party to a hearing will provide to the Board and to the other parties the documents upon which they intend to rely as follows:
    
    1. the party bearing the onus of proof will provide their documents no later than 10:00 AM on the business day prior to the hearing,
    2. the other party or parties will provide their documents no later than 2:00 PM the business day prior to the hearing,
    or at any other time ordered by the Board or agreed to by the parties.
    
    33.3 The documents tendered for a hearing must be proportionate to the complexity of the issues and the length of the hearing.
    
    33.4 The Board may review these documents prior to the commencement of the hearing or prior to any document being marked as an exhibit. Filing such documents does not preclude another party from objecting to the document being admitted at a hearing. Any objections to those documents will be raised as a preliminary issue prior to the commencement of the hearing or, if the document is submitted during the hearing, at the time the document is submitted.
    
    33.5 The parties are expected to comply with any of the Board’s practice directions or policy guidelines relating to the disclosure and filing of documents.(See https://www.ccboard.on.ca/scripts/english/legal/index.asp)
    
    
34. OATH OR AFFIRMATION:
    34.1 The Board may require that evidence be given under oath or affirmation.
    
    
35. SUMMONS TO WITNESSES:
    35.1 The Board may issue a summons to a party or any other person or witness, on its own initiative or upon the request of a party, to give evidence and produce documents relevant to the hearing. A party will inform the Board as soon as possible concerning the need to summon a witness and provide the basis for the request. The requesting party is responsible for providing the Board with all the information necessary to prepare the summons. The party who requires the summons is responsible for serving the summons.
    
    35.2 The Board, at its discretion, may submit the summons request to the presiding member at a case conference or to a hearing panel for consideration.
    
    
36. RECORDING OF HEARINGS
    36.1 The Board will arrange for the recording of the hearing by a court reporter. The court reporter’s transcript serves as the sole official record of the Board’s oral hearing proceedings.
    
    36.2 Subject to Rule 36.1, recording devices of any sort are not permitted at a hearing. Provided the Board is notified of the request in advance of the hearing, the Board, in its discretion, may allow:
    
    1. credentialed, professional journalists acting in the course of their duties to unobtrusively make an audio recording at a hearing for the sole purpose of supplementing or replacing that person’s notes, and/or
    2. persons requiring an assistive device, who may use that device to enable them to participate in a hearing.
    No other use will be made of these recordings.
    
    36.3 The Board may require that any journalist, permitted by Subrule 36.2(a) to make an audio recording at a hearing, give an undertaking in a form satisfactory to the Board that the recording will not be used for broadcast or any other purpose other than that permitted by this Rule.
    
    36.4 Except as provided in Rules 36.1 and 36.2, the Board does not permit any audio or visual recording of a hearing.
    
    36.5 Parties may order written transcripts directly from the court reporter at their own cost.
    
    
37. SUBMISSIONS:
    37.1 After all of the parties have had an opportunity to present evidence, the Board will give all parties an opportunity to make final submissions in support of the decision or order they want the Board to make. No new evidence may be presented during final submissions. The Board may direct the timing and form of final submissions.
    
    37.2 The Board may order the parties to file written submissions on any issue and will direct the order and timing of the exchange and filing of written submissions.
    
    
38. DECISIONS, ORDERS AND REASONS FOR DECISIONS:
    38.1 In addition to electronic mail, fax, or regular letter mail, the Board may serve or deliver a decision, order (order adjourning a hearing or order/endorsement) and/or reasons for decision by any method it deems appropriate in the circumstances, including but not limited to personal delivery.
    
    38.2 An order/endorsement may serve as the Board’s reasons for ruling on any preliminary or other issue, and the Board may decline any request for further reasons for decision in the circumstances.
    
    38.3 The earliest that any request for reasons will be deemed received by the Board is the day after the hearing ends, when the Board’s decision must be provided to the parties under subsection 75(3) of the Health Care Consent Act, 1996.
    
    
39. AMENDING A DECISION:
    39.1 The Board may at any time on its own initiative or at the request of a party:
    
    1. correct a typographical error, technical error, error of calculation, clerical error, or other similar error made in an order, decision or reasons, or
    2. clarify an order, decision or reasons that contains a misstatement or ambiguity, which is not substantive and does not change the order or decision,
    3. confirm, vary, rescind, or cancel the decision or order.
    
    
    39.2 Any party making a request under this Rule will do so in writing within five days from the date of the Board’s decision or order, and the request must be delivered to all parties and filed with the Board.
    
    39.3 A request under this Rule must include:
    
    1. reasons for the request, including the basis upon which the Board is asked to grant the request,
    2. submissions in support of the request, and
    3. remedy or relief sought.
    
    
    39.4 The Board may ask the hearing panel that issued the initial decision or order in question to consider any request under this Rule.
    
    39.5 The Board will not ordinarily consider a request under Rule 39 that could be raised in an appeal or is in the process of being appealed.
    
    
40. REQUEST FOR RECONSIDERATION:
    40.1 Given the need for finality and certainty of Board decisions that must be made within tight legislative timelines, and the expedited right to an appeal of Board decisions, reconsideration is a discretionary and exceptional remedy. There is no right to have a decision reconsidered by the Board. In addition, reconsideration is not an appeal or an opportunity for a party to present new evidence, case law or change the way it presented its case.
    
    40.2 Any party may request reconsideration of a final decision of the Board within 5 days from the date of the decision.
    
    40.3 A request for reconsideration must be made in writing and be delivered to all parties and filed with the Board.
    
    40.4 A request for reconsideration must include:
    
    1. reasons for the request, including the basis upon which the Board is asked to grant the request for reconsideration,
    2. submissions in support of the request, and
    3. remedy or relief sought.
    
    
    40.5 A party who has been served with a request for reconsideration need not file a response with the Board. If the party does elect to file a response, it must be filed and delivered to the other party or parties within the timeframe indicated by the Board. The response must include complete written submissions in support of the responding party’s position.
    
    40.6 The Board will not ordinarily consider a request for reconsideration that could be raised in an appeal and will not consider a request for reconsideration of a decision that is in the process of being appealed.
    
    40.7 A request for reconsideration will ordinarily be considered by the panel that made the initial decision.
    
    40.8 A request for reconsideration will not be granted unless the Board is satisfied that:
    
    1. the Board acted outside its jurisdiction or committed a material breach of procedural fairness and this defect in the process would likely change the result of the original decision, or
    2. the Board made an error of law or fact such that the Board would likely have reached a different result had the error not been made, or
    3. other exceptional factors exist that, in the opinion of the Board, outweigh the public interest in the finality of Board decisions and the prejudice to any party of the decision being re-opened.
    
    
    40.9 The Board may dismiss a request without requiring submissions from the other parties if the request does not meet the criteria listed in Rule 40.8, or at its discretion.
    
    40.10 A request for reconsideration made more than 5 days following the decision will not ordinarily be granted.
    
    40.11 The Board will not grant a request for reconsideration without providing the parties an opportunity to make submissions.
    
    40.12 The determination of the request for reconsideration will be conducted by written submissions unless the Board decides otherwise.
    
    40.13 Where a request for reconsideration has been determined, the Board will not consider a subsequent request for reconsideration of the same decision, absent exceptional circumstances. The Board need not give reasons for a decision not to consider a subsequent request.
    
    40.14 Where the Board considers it appropriate to reconsider its decision, it may:
    
    1. make a decision on the substance of the Request without further submissions from the parties,
    2. determine a procedure for rehearing all or part of the matter,
    3. confirm, vary, rescind or cancel the decision or order, or
    4. provide the parties with an opportunity to make further written submissions on a legal point.
    
    
    40.15 The Board may reconsider a decision on its own initiative where it considers it advisable and appropriate to do so.
    
    40.16 Where the Board decides to reconsider a decision on its own initiative, it may determine a procedure for rehearing all or part of the matter, which will include an opportunity for the parties to make submissions.
    
    
41. REQUESTING LEAVE TO MAKE A NEW APPLICATION:
    41.1 A party to an application under section 32, section 50 or section 65 or a deemed application under section 37.1, section 54.1 or section 69.1 of the Health Care Consent Act, 1996 which has been finally disposed of by the Board may request leave to make a new application within six months after the final disposition of the earlier application.
    
    41.2 A request for leave to bring a new application will be made in writing and copied to all the parties unless the Board decides to hear the new application during a case conference or hearing.
    
    41.3 The request must include details of the material change in circumstances which justifies fresh consideration of, depending on the application, the decision to admit to a place of treatment or the person’s capacity; and any evidence which supports the request.
    41.4 The Board will inform the parties of their right to deliver a written response and supporting evidence to the Board within seven days.
    
    41.5 In exceptional circumstances, the Board may order a hearing to hear the request for leave. The Chair or a member designated by the Chair may make any other procedural order as considered appropriate to deal with the request for leave to bring a new application.
    
    41.6 The Board will issue a written decision to grant or refuse leave after the seven-day period referred to under Rule 41.4 has expired.
    
    41.7 Until leave to bring a new application is granted, any application made under section 32, section 50 or section 65 of the Health Care Consent Act, 1996 brought within six months after the final disposition of an earlier application will be deemed not received by the Board and will not be considered to be a new application.