Appendix F: Consent and Capacity Board Materials

• Author: Richard D. Schneider
• Pages: 631-679

631

Appendix E: Consent and Capacity Board Materials

RULES OF PRACTICE

NOTE

The Board will issue a Use rs’ Guide to the Rules of Practic e following the proclamation of

the Rules for the purpose of assist ing those using the Rules.

If you have any questions concerning the Rules, please contact the Board at (416) 327-

4142 or fax at (416) 327-4207. Access to all relevant legislation is available through the

Board’s website at www.ccboard.on.ca

French version available upon request. Please contact the Board.

Preamble

These Rules have been adopted by the Consent and Capacity Board (the “Board”) pursu-

ant to section 25.1 of the Statutor y Powers Procedure Ac t. Except where their application

is statutorily excluded , these Rules apply to hearings held under the Health Care Conse nt

Act, 1996, Long-Term Care Act, 1994, Mental Health Act and Substit ute Decisions A ct,

1992 .

…

Purpose of the Rules

1.1 The purpose of these Rules is to provide a just , fair, accessible and understandable

process for parties to proceedings before the Boa rd. The Rules attempt to facilitate access

to the Board; to promote respectfu l hearings; to promote consistency of process; to make

proceedings less adversar ial, where appropriate; to make proceedin gs as cost effective

as possible for all those involved in Board proceedings and for the Boa rd by ensuring

the eff‌i ciency and timeliness of proceedings; to avoid unnecessar y length and delay of

proceedings; and to assist the Boa rd in fulf‌i lling its statutory mandate of del ivering a

just and fair determin ation of the matters which come before it.

Application of R ules

2.1 These Rules apply to all proceeding s of the Board.

2.2 Where any of these Rules conf‌l icts with any statute or regu lation or where the ap-

plication of these Rules is statutori ly excluded, the provisions of the statute or regulation

shall prevail.

2.3 Where something is not provided for in t hese Rules, the practice may be de cided by

referring to a simil ar provision in these Rules.

632 ANNOTATED ONTARIO MENTAL HEALTH STATUTES

Board Powers

3.1 The Board may exercise any of its powers under these Rules on its own init iative or at

the request of any party. Unless other wise provided, members of the Board, sitting alone

or in a panel of three or f‌i ve members to deal with particu lar applications, may exercise

the powers provided to the Board in these Rules.

3.2 During a ny proceeding, the Board may do whatever is necessar y and permitted by

law to enable it to effectively and completely adjudicate on the matter before it. T he Board

may decide the procedure to be followed for any proceeding and may make procedural

directions or orders at any time. T he Board may impose such conditions as are appropri-

ate and fair.

3.3 The Board may waive or vary any of these Ru les at any time in order to ensure the fair

and just determination of the procee dings before it.

Computing Times

4.1 In computing time periods under t hese Rules or in an order or decision, except as

provided by statute or where a contrary intent ion appears:

(a) where there is a reference to a number of days between t wo events, they shall be

counted by excluding the d ay on which the f‌i rst event happens and includ ing the

day on which the second event happens;

(b) where the time for doing an act under t hese Rules expires on a non-business day,

the act may be done on the next day t hat is a business day;

(c) where, under t hese Rules, a document would be deemed to be received or ser vice

would be deemed to be effective on a day th at is a non-business day, it shall be

deemed to be received or effective on the nex t day which is a business day; and

(d) if a doc ument is received after 4 p.m. on a business day, it shall be deemed to

have been received on the next business day.

4.2 “Business day” means any day ot her than a Saturday, Sunday or a holiday. A “holi-

day” includes New Year’s Day, Good Friday, Easter Monday, Christmas Day, Boxing Day,

Civic and Provincial Holidays (inc luding the f‌i rst Monday in August), the birthd ay or the

day f‌i xed by proc lamation of the Governor General for the celebration of the birthday of

the reigning Sovereign, Victoria Day, Canada Day, Labour Day, Remembrance Day and

any day appointed by proclamat ion of the Gover nor General or L ieutenant Gover nor

as a public holiday or for a general fast or thank sgiving, and when any holiday, except

Remembrance Day, falls on a Sunday, the day next following is in lieu t hereof a holiday.

Parties

5.1 The following persons are part ies to an application for the purpose of these Rules:

(a) persons sp ecif‌i ed as parties by the statute under whic h the application arises; and

(b) any other person the Board specif‌i es.

5.2 In deciding whether to sp ecify a person as a par ty to an application, the Board may

consider:

(a) the nature of the case;

(b) the issues;

Appendix E: Consent and Capacit y Board Materials 633

(c) whether the person has a genu ine interest in the issues;

(d) whether the person’s interests may be directly a nd substantially af fected by the

hearing or its result;

(e) whether the person is li kely to make a useful and d istinct contribut ion to the

Board’s understanding of the issues in the hear ing; and

(f) any other relevant factor.

5.3 The Board may require persons who have simi lar interests to designate one person

to act as their spokesperson, or to co-ordinate t heir submissions.

5.4 If it appears to the Board, prior to the commencement of or at any time during t he

hearing, that t he subject of the application will not have legal representation at the hear-

ing, the Board may exercise its powers u nder section 81 of the Health Care Consent Act,

1996 to a rrange legal representation for that person.

5.5 In order to exercise its powers under section 81 of the He alth Care Consent Act,

1996 , the Board or its administ rative staff may make inqu iries for the sole purpose of

determining whet her the subject of the application is or may be incapable with respect

to treatment, admission to a care facil ity or a personal assistance service and/or whether

he or she wishes to be represented by counsel at the hearing.

Filing Applications and ot her Documents with the Board

6.1 In these Rules, “f‌i ling ” of any document means the deliver y in person or by fax of

that document to the Board’s Deputy Regist rar and its receipt by the Board.

6.2 An application, notice or any ot her document shall b e f‌i led with the Board, unless

otherwise di rected by the Board.

6.3 Subject to Rule 4, documents a re deemed to be f‌i led as of the date and time they a re

received by the Board.

Service of Do cuments

7.1 Service may be effected by:

(a) personal delivery of a document to a person or to the person’s lawyer or a gent in

the proceeding;

(b) faxing the doc ument to the last known fax nu mber of the person or to the per-

son’s lawyer or agent in the proceeding;

(c) deliver y of the document by courier or Priority Post, to t he last known address of

the person or to the person’s lawyer or agent in the proceedin g; or

(d) any other means authorized or per mitted by the Board for delivery of t he docu-

ment or for communicating the informat ion contained in the doc ument.

7.2 If the Board is aware that the subject of an application is a young per son under the

age of 16, a document shall be ser ved on the young person or the young person’s lawyer

in the proceeding, i f any. If the young person does not have a lawyer, a document may be

served on both the youn g person and the Children’s Lawyer.