Consent and Capacity Board

“The Consent and Capacity Board (CCB) 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.”

CCB decisions form a body “case law” (for a tribunal) that can be used to better understand how parameters of the Health Care Consent Act ought to be interpreted. Some of the papers in the ‘literature’ tab make use of these decisions to analyze concepts such as ‘best interests’.

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This site aims to catalogue a complete list of decisions that have been rendered by the CCB for issues relating to end of life, best interests, and admission to Long Term Care facilities. The cases listed here will be linked to the decision housed at the Canadian Legal Information Institute.

*It is important to note that like any legal action, many cases are settled prior to a hearing ever taking place.  Thus, there are a body of applications that have been made to the CCB that we do not keep record of here (as there is no accurate means of tracking all of these applications). Anyone interested in how often CCB applications provide useful outcomes for patients, physicians, and families – should keep this fact in mind.