Form A: Application to the Board to Review a Finding of Incapacity under Subsection 32(1), 50(1) or 65(1)of the Act
If you want to request the Consent and Capacity Board (CCB) to review a decision about your capacity to make decisions relating to your health care, use Form A.
To request this review, you must have already been found to be an incapable personIncapable person: someone who has been found to be incapable of making decisions with respect to treatment, admission to a care facility, or a personal assistance service. under the Health Care Consent Act, which means somebody else (such as a family member) has to make decisions for you about any of the following:
- Admission into a care facility;
- Personal assistance services; or
- Treatment or treatment plans (including a course of treatment or a community treatment plan).
How to Apply
In order to apply to the CCB to have a decision of incapacity reviewed, you must fill out a copy of Form A. You must also sign the bottom of the form.
Please note: you cannot apply to the CCB using Form A if any of the following apply to you:
- You have a court-appointed guardianCourt-appointment Guardian: The appointment of a representative to make treatment decisions for someone who is incapable of making their own decisions. for personal care who already has the authority to make the decision for you.
- You have signed a special power of attorneySpecial Power of Attorney: Authority given to a person to make decisions about specific issues for a person found to be incapable of making decisions for themself. for personal care, where you have waivedWaived: relinquished, given up your right to apply to the CCB.
- You have applied to the CCB within the past 6 months. If you have, then you will need the CCB’s permission to re-apply. In this case, please call the CCB to find out more information on re-applying.
To get help filling out and submitting your form to the CCB you can ask a family member or friend you trust, your lawyer or social worker, an advocacy group or a care provider.
Once you have filled out and signed the form, you must fax it directly to the CCB:
Fax number: 416-924-8873
Toll-Free number for assistance: 1-800-461-2036
Form D: Application to the Board for Directions under Subsection 35(1), 52(1) or 67(1) of the Act
This section applies where a substitute decision-makerSubstitute Decision-maker: A substitute decision-maker is someone who makes decisions on your behalf if you become incapable of making them yourself. of a person found to be incapable (or another appropriate applicantAppropriate Applicant: Someone who has the authority to act on behalf of a person who has been found to be incapable.) wants the CCB to review the person’s wishes in one of the following areas:
- Admission into a care facility;
- Personal services; or
- Treatment.
The person who has been found “incapable” must have expressed his or her wishes to one of the above areas, but:
- The wish was not clear;
- It is not clear if the wish applies in this situation;
- It is not clear if the wish was expressed when the person was capable; or
- It is not clear if the wish was expressed after the person was 16 years or older.
Form D is called: Application to the Board for Directions under Subsection 35(1), 52(1), or 67(1) of the Health Care Consent Act.
How to Apply
To apply to the CCB with a Form D, you must first take some preliminary steps.Preliminary Steps: Steps that must have been followed before the Board will consider the request.
- A Finding of Incapacity: In order to apply to the CCB for directions, there must have already been a finding of incapacity for the person the application form is about.
- List of Proper Persons as Applicants: There are 4 types (or categories) of people who can apply using Form D. These people are:
- The substitute decision-makerSubstitute Decision-maker: Someone who has been designated to make decisions on behalf of another person. of a person who has had a finding of incapacity.
- A health-care professional who proposed the treatment that is the subject of the application.
- An official at the Community Care Access Centre (CCAC) who is responsible for authorizing admission into the care facility.
- A member of the service provider’s staff who is responsible for providing personal assistance services.
A health-care professional, an official of the CCAC, or a member of a service provider’s staff cannot bring a Ford D application to the CCB unless they have first informed the substitute decision-makerSubstitute Decision-maker: Someone who has been designated to make decisions on behalf of another person..
Access Form D here.
Once you have filled out and signed the form, you must fax it to the Board:
Fax number: (416) 924-8873
Toll Free number for assistance: 1-800-461-2036
Form E: Application to the Board for Permission to Depart from Wishes under Subsection 36(1), 56(1) or 68(1) of the Act
How to Apply
To use Form E to apply to the CCB, you must be a proper applicant.
The CCB sets out a list of who can apply using Form E, to depart from the wishes of an individual who has been found incapable.
List of Proper Persons as Applicants
- The substitute decision-makerSubstitute Decision-maker:Someone who has been designated to make decisions on behalf of another person. of the person with a finding of ‘incapacity.’
- A health-care professional who proposed the treatment that is the matter of the application.
- An official at the Community Care Access Centre (CCAC) who is responsible for authorizing admission into the care facility.
- A member of the service provider’s staff who is responsible for providing personal assistance services.
A health-care professional, an official of the CCAC, or a member of a service provider’s staff cannot bring a Form E application to the Board unless they have first informed the substitute decision-makerSubstitute Decision-maker: A person who is designated to make a decision for another person..
Once steps 1 and 2 above are met, the applicant must then fill out application Form E and submit it by fax to the Board.
Access Form E here.
Once you have filled out and signed the form, you must fax it to the CCB:
Fax number: 416-924-8873
Toll-free number for assistance: 1-800-461-2036
Form F: Application to the Board with Respect to Place of Treatment under Subsection 34(1) of the Act
If you disagree with a decision made by someone else to admitAdmit: Enter into you to a facility for treatment (hospital, psychiatric or other facility), you may use Form F to request a hearing.
Normally, in using this form, you are asking the CCB to review your capacityCapacity: Ability to make decisions for your personal care, medical treatment, and finances.. But, if the CCB has ruled on your capacity in the past 6 months, it will now consider only whether this admissionAdmission: Entry to hospital for treatment. is right and fair. It will not look at your capacity.
Remember: the purpose of the CCB hearing is NOT to review your doctor’s clinical decisionClinical Decision: a choice made by your doctor, after careful consideration of medical factors, about your diagnosis, prognosis and treatment, but to see if, in making a Community Treatment Order, the criteriaCriteria: list of factors or requirements were followed.
How to Apply
First, note that:
Children between age 12 and 16 who want to challenge their admission must apply under s. 13(1) of the Mental Health Act.
Persons 16 years and older who want to challenge their admission must apply under s. 34(1) of the Health Care Consent Act.
- Whichever applies, you must complete Form F. Note that the law and bases for decisions listed below are different for children and adults.
- To ask for a hearing you must fill out all the parts of Form F and sign at the bottom. Make sure that the information you use is complete and correct.
How often you can apply: Once a Form F application has been made and disposedDisposed: Decided by a Board Panel, a person cannot re-apply for 6 months. The only exception is if you can show the board that there has been a materialMaterial: Medically significant change in your situation to the point that, in order to be fair, your admission must be reconsidered.
Children’s admission will automatically be reconsidered every six months.
Access Form F here
Once you have filled out and signed the form, you must fax it to the Board:
Fax number: (416) 924-8873
Toll Free number for assistance: 1-800-461-2036
Form H: Application to the Board to Amend the Conditions of or Terminate the Appointment of a Representative under Subsection 33(7) and (8), 51(6) or 66(6) of the Act
The CCB may place conditions on a representativeRepresentative: Someone appointed to give or refuse consent to treatment on your behalf. appointed to make decisions for an incapable person. This form can be used to request the CCB to change those conditions or to end the appointment of the representative. This form can also be used to request the appointment of a representative for admission to a health-care facility 51(6) or a representative for personal assistance 66(6).
How to Apply
To ask for a hearing you must fill out all the parts of Form 48 and sign at the bottom. Make sure that the information you use is complete and correct.
Access Form H here.
Once you have filled out and signed the form, you must fax it to the Board:
Fax number: 416-924-8873
Toll Free number for assistance: 1-800-461-2036
Form 18: Application to the Board to Review a Finding of Incapacity to Manage Property under Section 60 of the Act
If you have been found incapable of managing your property by an assessor or a doctor, you may be able to challenge that finding and regain some or all control of your property and have a statutory guardianshipStatutory Guardianship: someone who is appointed to manage the financial affairs and/or personal care of a person who is mentally incapable of doing so for him or herself. A guardian may be appointed by the Officer of the Public Guardian and Trustee (OPTG) or by the court. ended. There are a few different ways to get these results:
- An assessorAssessor: specially trained person who the board deems qualified to judge a person’s capacity can decide that you are now capable of managing your property. You may ask to see an assessor if you have not been assessed for at least 6 months.
- If you have a statutory guardianshipStatutory Guardianship: someone who is appointed to manage the financial affairs and/or personal care of a person who is mentally incapable of doing so for him or herself. A guardian may be appointed by the Officer of the Public Guardian and Trustee (OPTG) or by the court. as the result of a decision by a doctor in a psychiatric facilityPsychiatric Facility: a treatment centre dedicated to inpatient and outpatient mental health treatment, a doctor may assess you and decide that you are now capable.
- You can ask a court to end the statutory guardianship.
- You can apply to the CCB for a hearing to review the finding of incapacity. To begin that review, fill out Form 18.
You may apply only if you have been assessed in the past six months (This rule does not apply if you are a patient in a psychiatric facilityPsychiatric Facility: a treatment centre dedicated to inpatient and outpatient mental health treatment and a doctor signed a certificate of incapacity during your current stay). You cannot apply more than once every six months.
*** You can find more information about statutory guardianship and substitute decision-making here.
To ask for a hearing you must fill out all the parts of Form 18 and sign at the bottom. Make sure that the information you use is complete and correct.
Access Form 18 here.
Once you have filled out and signed the form, you must fax it to the Board:
Fax number: 416-924-8873
Toll Free number for assistance: 1-800-461-2036
Form 48: Application to Board to Review Community Treatment Order (s.39.1(1) and Notice to Board by Physician of Need to Schedule Mandatory Review of Community Treatment Order (s.39.1(4))
If you have been given a Community Treatment Order (Form 45)Community Treatment Order: a set of conditions and supports given to a person in order for them to live outside of a care facility while continuing to get the care they need, you must set meetings with the doctor who made the order and follow the treatment planTreatment Plan: official set of supports, checks, therapies, etc. created by a health care practitioner for a patient he or she set out for you to live in the community. If you no longer want to follow, or would like to change, your treatment plan, you may use Form 48 to request a hearing.
Remember, the purpose of the CCB hearing is NOT to review your doctor’s clinical decisionClinical Decision: a choice made by your doctor, after careful consideration of medical factors, about your diagnosis, prognosis and treatment, but to see if, in making a Community Treatment Order, the criteria were followed.
How to Apply
You may apply to the CCB once each time your doctor fills out a Community Treatment Order. As soon your doctor fills out a second Community Treatment Order, and every time after that, a hearing will take place.
To ask for a hearing you must fill out all the parts of Form 48 and sign at the bottom. Make sure that the information you use is complete and correct. If you are less than 18 years of age, you can seek help from the Child and Family Service Advocacy office at 1-800-263-2841.
Otherwise, access Form 48 here.
Once you have filled out and signed the form, you must fax it to the Board:
Fax number: 416-924-8873
Toll Free number for assistance: 1-800-461-2036
CCB Rules of Practice
The CCB also has Rules of Practice which, like the legislation, are rules that the CCB has to follow. The Rules of Practice are in place to make sure that all applicants have a fair process with the Board, from the application process to the hearing stage.
Legislation
Since the CCB hears and adjudicatesAdjudicate: Make a formal judgment or decision about a disputed matter following a hearing on the issues. on a variety of issues relating to consent and capacity matters, there are many legal rules (called legislations or acts) that the CCB must follow.
In the chart below are the important pieces of legislation that say what rules the CCB must follow.
The links beside each piece of legislation will take you straight to the legislation itself.
There are also regulations that the CCB has to follow; you will find those in the chart below, with links to the regulations themselves.