About Us

The Consent and Capacity Board is a quasi-judicial administrative tribunal which operates at arm's length from the Ministry of Health under the authority of the Health Care Consent Act. The Board convenes hearings and makes decisions under six Acts including the Health Care Consent Act, the Mental Health Act, the Substitute Decision Act, the Personal Health Information Protection Act, the Child Youth and Family Services Act and the Mandatory Blood Testing Act. Hearings are adjudicated by members appointed by the Lieutenant Governor in panels of one, three or five. Hearings convene within seven days of an application and decisions are issued within one day of the conclusion of a hearing.

The Board operates at the intersection of health and justice with a mission to provide timely, fair and accessible adjudication of issues relating primarily to matters of consent, capacity and civil detention impacting vulnerable Ontarians.

The most common applications before the Board are those related to involuntary status in a psychiatric facility, findings of incapacity to consent to treatment, and reviews of Community Treatment Orders, however the Board also adjudicates on a broad range of issues including substitute decision making, admission to long term care, end of life care, capacity to make financial decisions, access to health and youth records, and certain communicable diseases. The following matters may be adjudicated by the Board:

Health Care Consent Act

• Review of a finding of incapacity to consent to treatment, admission to a care facility or a personal assistance service
• Consideration of the appointment of a representative to make decisions for an incapable person with respect to treatment, admission to a care facility or a personal assistance service
• Giving directions on issues of treatment, admission to care facilities and personal assistance services
• Consideration of a request for authority to depart from prior capable wishes of an incapable person
• Review of a decision to consent to an admission to a hospital, psychiatric facility or other health facility for the purposes of receiving treatment
• Review of a substitute decision-maker's compliance with the rules for substitute decision-making
• Consideration of a request to amend or terminate the appointment of a representative

Mental Health Act

• Review of involuntary status for a patient subject to a certificate of involuntary status, renewal of involuntary status or continuation of involuntary status
• Consideration of a request to order, vary or cancel specific conditions for an involuntary patient
• Review of a finding of incapacity to manage property
• Review of whether a young person (aged 12 - 15) requires observation, care and treatment in a psychiatric facility
• Review of a Community Treatment Order

Personal Health Information Protection Act

• Review of a determination of incapacity to consent to the collection, use or disclosure of personal health information
• Review of a substitute decision maker's compliance with the rules for substitute decision-making
• Consideration of the appointment of a representative to consent to the collection, use or disclosure of personal health information on behalf of an incapable person
• Consideration of a request to amend or terminate the appointment of a representative

Child, Youth and Family Services Act

• Review of a determination of incapacity to consent to the collection, use or disclosure of personal information
• Review of a substitute decision maker's compliance with the rules for substitute decision-making
• Consideration of the appointment of a representative to consent to the collection, use or disclosure of personal health information on behalf of an incapable person
• Consideration of a request to amend or terminate the appointment of a representative

Substitute Decisions Act

• Review of a finding of incapacity to manage property

Mandatory Blood Testing Act

• Review of a request, by an eligible individual who has allegedly come into contact with another person's bodily fluid, for an order that a blood sample of the other person be provided and analyzed for specific blood borne pathogens

Leadership Team

To reach a member of the leadership team please send your correspondence to their attention by email, fax or regular mail at the CCB addresses / numbers found on the Contact page of the Board's website. Use of email is recommended for fastest service.