Consent and Capacity

The Consent and Capacity Board is an independent panel that reviews decisions made under the Mental Health Act, Substitute Decisions Act, Health Care Consent Act and the Personal Health Information Protection Act. A board can have one, three or five members who are either psychiatrists, lawyers or members of the general public.

The reviews conducted by the board are related to:

  • a determination of an individual’s incapacity to manage property and/or to consent to treatment
  • a finding of “involuntary status”
  • a finding of incapacity to consent to the collection, use or disclosure of personal health information
  • a review of the need for a youth aged 12 to 15 requires admission to a mental health facility
  • the authority to make decisions related to the consideration, appointment and actions of a substitute decision-maker (SDM).

These proceedings are initiated at the request of the patient, the attending physician or psychiatric facility, the SDM or person wishing to be appointed a representative, or automatically as outlined in the legislation.

Hearings are conducted at no cost to the parties involved. Each party will present their case in relation to the issue at hand, calling witnesses if desired and appropriate, and may ask questions of any witnesses brought by the other parties. The board members are also entitled to ask questions of the witness.

Once the hearing is completed, the board meets in private to make a decision, which they will issue within one business day.

For additional information go to the Consent and Capacity Board website. http://www.ccboard.on.ca