Appendix F: Consent and Capacity Board Materials

• Author: Richard D. Schneider; Caitlin Pakosh; Lora Patton
• Pages: 677-699

677

APPENDIX F

Consent and Capacity Board Materials

• CCB Rules of Practice

• CCB Policy Guidelines

 Policy Guideline No.  – Right to Apply When Certicate of Involuntary Status or Renewal is

Renewed Before the Board Renders a Decision

 Policy Guideline No.  – Ordering Counsel Where the Subject of an Application Does Not

Have Legal Representation

 Policy Guideline No.  – Disclosure of An Applicant’s Personal Information For Hearings

Under The Mandatory Blood Testing Act

 Policy Guideline No.  – Ordering Counsel Where the Subject of an Application Does Not

Have Legal Representation

Consent and Capacity Board MaterialsRules of Practice

678

Consent and

Capacity Board

Rules of Practice

June , 

PREAM BLE

These Rules have been adopted by the Consent and Capacity Board (the “Board”) pursuant to

section . of the Statutory Powers Procedure Act. Except where their application is statutorily

excluded, these Rules apply to all hearings held by the Board including those held under the

Health Care Consent Act, 1996, Long-Term Care Homes Act, 2007, Mental Health Act, Mandatory

Blood Testing Act, 2006, Personal Health Information Protection Act, 2004, and Substitute Decisions

Act, 1992, and any other legislation pursuant to which the Board is required to hold hearings.

. PURPOSE OF THE RULE S

. The purpose of these Rules is to provide a just, fair, accessible and understandable process

for parties to hearings before the Board. The Rules attempt to facilitate access to the Board; to

promote respectful hearings; to promote consistency of process; to make hearings less adver-

sarial, where appropriate; to make hearings as cost ef‌fective as possible for all those involved

in Board hearings by ensuring their eciency and timeliness; to avoid unnecessary length and

delay of hearings; to assist the Board in fulf‌illing its statutory mandate; and in delivering a just

and fair determination of the matters which come before it.

. These Rules are to be read in conjunction with the Statutory Powers Procedure Act. The

Board will also consider the Board’s Policy Guidelines and other Board policies, practice direc-

tions or procedural directions.

. APPLICATION OF RULES

. These Rules apply to all hearings of the Board.

. Where any of these Rules conf‌lict with any statute or regulation or where the application

of these Rules is statutorily excluded, the provisions of the statute or regulation will prevail.

. Where something is not provided for in these Rules, the practice may be decided by refer-

ring to a similar provision in these Rules.

. In applying these Rules, the Board will make orders and give directions that are proportion-

ate to the complexity of the issues and the interests at stake.

. DEFINITIONS

“business day” means any day other than a Saturday, Sunday or a holiday.

“case conference” has the same meaning as “pre-hearing conference” in the Statutory Powers

Procedure Act (SPPA).

“Chair” means a member of the Board designated by the Lieutenant Governor in Council as

chair, and is the chief executive ocer of the Board.

“document” includes a paper, book, record, sound recording, video, photograph, chart, graph,

and information recorded or stored by means of any device.