Making applications to the Consent and Capacity Board

December 14, 2018

An application to the Consent and Capacity Board (CCB) is often made on behalf of someone who has been detained in a psychiatric facility and treated with medications against their will, or on behalf of someone who has been found incapable of making decisions about their property or personal care.

The CCB has the authority to review matters under a number of different pieces of legislation:

Health Care Consent Act

Review of capacity to consent to treatment, admission to a care facility or 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
Consideration of a request to amend or terminate the appointment of a representative
Review of a decision to admit an incapable person to a hospital, psychiatric facility, nursing home or home for the aged for the purpose of treatment
Consideration of a request from a substitute decision maker for directions regarding wishes
Consideration of a request from a substitute decision maker for authority to depart from prior capable wishes
Review of a substitute decision maker’s compliance with the rules for substitute decision making

Mental Health Act

Review of involuntary status (civil committal)
Review of a Community Treatment Order
Review as to whether a young person (aged 12 to 15) requires observation, care and treatment in a psychiatric facility
Review of a finding of incapacity to manage property

Personal Health Information Protection Act

Review of a finding of incapacity to consent to the collection, use or disclosure of personal health information
Consideration of the appointment of a representative for a person incapable of consenting 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