Consent and Capacity Board lawyers in Mississauga

What does the Consent and Capacity Board decide?

The Consent and Capacity Board is an Ontario tribunal that reviews decisions about a person’s treatment, capacity and hospital status. It hears applications under the Health Care Consent Act, 1996, the Mental Health Act, the Substitute Decisions Act, 1992, the Personal Health Information Protection Act, 2004, the Child, Youth and Family Services Act, 2017 and the Mandatory Blood Testing Act, 2006.

Which applications do we handle?

• Review of involuntary status in a psychiatric facility (Form 16, Mental Health Act)
• Review of a finding of incapacity to consent to treatment (Form A, Health Care Consent Act)
• Review of a community treatment order (Form 48, Mental Health Act)
• Other applications before the Board under the Acts it administers

How quickly does a hearing happen?

Very quickly. Once the Board receives an application, the hearing must begin within seven days, unless the parties agree to postpone it. The Board must give its decision within one day after the hearing ends. Any party can ask for written reasons within 30 days, and the Board then issues them within four business days.

Because the timeline is so short, call as soon as an application is filed or planned. We review the clinical record, prepare the evidence and witnesses, and represent the person at the hearing.

Source: Health Care Consent Act, 1996, s. 75. Verified November 2026.

Can a Board decision be appealed?

Yes. A party can appeal to the Superior Court of Justice on a question of law, of fact, or both. The deadline is short: the notice of appeal must be served on the other parties and filed with the court within seven days after the party receives the Board’s decision.

Source: Health Care Consent Act, 1996, s. 80. Verified November 2026.

Last reviewed: October 3, 2026General information about Ontario law — not legal advice for your situation.