Introduction

The Capability and Consent Board is a review board created by the Yukon government through the Care Consent Act. It reviews matters under the Mental Health Act and the Care Consent Act. Board members include community members, lawyers, physicians and other care providers. A panel of three Board members is required to hold a review.

What matters may come before the Board?

The Board has authority to deal with the following matters:

Care Consent Act

• Review of a decision that a person is incapable (or capable) to consent to health care, admission to a care facility or personal assistance services
• Review of a last resort substitute decision made by care providers to major health care or admission to a care facility
• Review of a care providers' choice of a substitute decision-maker
• Review of a substitute decision-maker's decision regarding major health care or admission to a care facility
• Review of a certificate of need for financial protection
• Choice of a substitute decision-maker in the event that equally-ranked substitute decision-makers cannot agree on the care decision
• Consideration of a request from a substitute decision maker for directions regarding wishes

Mental Health Act

• Review of an involuntary admission
• Review of a renewal of involuntary admissions
• Review of an application to transfer an involuntary patient to a hospital outside of the Yukon
• Review of a certificate related to involuntary admission
• Review of a certificate of return
• Consideration of whether to authorize specified treatments in addition to substitute consent
• Consideration of whether to withhold all or part of the patient's record

How are applications made to the Board?

Some matters are reviewed automatically by the Board. For example, the Board reviews all involuntary admissions under the Mental Health Act. If a person waives their right to a full hearing, the Board will review the paperwork to ensure that there were sufficient reasons for admitting the person involuntarily.

Most matters require an application to the Board. Application forms may be available from health or care facilities and online at this website. Completed applications should be faxed to the Board at (867) 633-6954.

What is the process once I send in an application?

For most matters, the Chair of the Board may attempt to resolve the matter informally between the parties. If the issue cannot be resolved informally or it is not appropriate for informal dispute resolution the matter will go to a hearing. The parties will receive notice from the Board with the time and place for a hearing. The hearing will usually take place within seven days after the Board receives the application. Hearings will be held in the facility where the person who is the subject of the hearing resides or receives care or at some other place convenient to the parties.

How much does it cost?

There is no charge for the services of the Board. The Board is publicly funded and requests that all participants assist in keeping costs down.

What will happen at the hearing?

Each party may attend the hearing and invite anyone they want to come. Family members and friends are also encouraged to attend. The Chair of the Board will introduce everyone and explain how the hearing will work.

Each party may have a lawyer although this is not necessary. Each party may also call witnesses and bring documents and ask questions of witnesses. At the end of the hearing, each party will be invited to summarize.

What happens after the hearing?

The Board will meet in private to make its decision. Usually the Board will issue its decision right after they finish deliberating. The Board will also issue a decision in writing.

Can the Board's decision be appealed?

Any of the parties may appeal the Board's decision to the Yukon Supreme Court.

How can I get more information?

Information, and forms are available by calling (867) 633-7614 or online at this website (www.yukoncapabilityandconsentboard.ca). Forms can be faxed to the Board at (867) 633-6954.

Forms Relevant to the Capability and Consent Board

A complete set of all forms related to the Care Consent Act and the Mental Health Act, including the forms provided below, can be found at the Health and Social Services website.

Here is a listing of applications and notices to the Board:

Forms under the Care Consent Act

Forms under the Mental Health Act