Presenter:
Michael D. Newman, B. Comm., LL.B.. LL.M. (Health Law), Vice Chair and Senior Lawyer Member, Consent and Capacity Board of Ontario
Summary:
As the Consent and Capacity Board sets out on its website (CCB Board), it is a provincial quasi-judicial administrative tribunal which operates at arm's length from the Ministry of Health under the authority of the Health Care Consent Act. The Board’s mandate is to convene hearings based on Applications to it. The Board makes decisions under six provincial statutes including the Mental Health Act, the Health Care Consent Act, the Substitute Decisions Act, the Personal Health Information Protection Act, the Child, Youth and Family Services Act and the Mandatory Blood Testing Act.
This presentation will introduce the participants to the Board and its jurisdiction under the various statutes. Specific focus will be made to the test for capacity and evaluation with respect to treatment, admission and personal assistance services, as well as the differences between the test for capacity concerning treatment, admission and personal assistance services and the test for capacity required to execute a Power of Attorney for Personal Care. In addition, there will be a review of substitute decision making and the various related types of applications that can be made to the Board. A second session (TBA) will review and discuss various scenarios.
