Consent and Capacity - Key Forms

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Form D
Form E
Form F
Form H
Form 18
Form 48
Legislation
 


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 person 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:

  1. You have a court-appointed guardian for personal care who already has the authority to make the decision for you.
  2. You have signed a special power of attorney for personal care, where you have waived your right to apply to the CCB.
  3. 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

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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-maker of a person found to be incapable (or another appropriate applicant) wants the CCB to review the person’s wishes in one of the following areas:

  1. Admission into a care facility;
  2. Personal services; or
  3. Treatment.

The person who has been found "incapable" must have expressed his or her wishes to one of the above areas, but:

  1. The wish was not clear;
  2. It is not clear if the wish applies in this situation;
  3. It is not clear if the wish was expressed when the person was capable; or
  4. 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 Dyou must first take some preliminary steps.

  1. 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.
  2. List of Proper Persons as Applicants:  There are 4 types (or categories) of people who can apply using Form D. These people are:
    1. The substitute decision-maker of a person who has had a finding of incapacity.
    2. A health-care professional who proposed the treatment that is the subject of the application.
    3. An official at the Community Care Access Centre (CCAC) who is responsible for authorizing admission into the care facility.
    4. 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-maker.

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

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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

  1. The substitute decision-maker of the person with a finding of ‘incapacity.’
  2. A health-care professional who proposed the treatment that is the matter of the application.
  3. An official at the Community Care Access Centre (CCAC) who is responsible for authorizing admission into the care facility.
  4. 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-maker.

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

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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 admit 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 capacity. But, if the CCB has ruled on your capacity in the past 6 months, it will now consider only whether this admission 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 decision, but to see if, in making a Community Treatment Order, the criteria 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 disposed, a person cannot re-apply for 6 months. The only exception is if you can show the board that there has been a material 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

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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 representative 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

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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 guardianship ended. There are a few different ways to get these results:

  • An assessor 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 guardianship as the result of a decision by a doctor in a psychiatric facility, 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 facility 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

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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), you must set meetings with the doctor who made the order and follow the treatment plan 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 decision, 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.

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Legislation

Since the CCB hears and adjudicates 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.

Legislation Link

Regulation Link

Health Care Consent Act

Evaluators

Mental Health Act

General

A Practical Guide to Mental Health and the Law in Ontario, October 2012

Health Services Restructuring Commission - Mental Health Act

Substitute Decisions Act

General

Register
Accounts and Records of Attorneys and Guardians

Capacity Assessment

Personal Health Information Protection Act

General

Mandatory Blood Testing Act

General

Statutory Powers Procedure Act

Forms

 

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