Skip to main content
Search
  

 Deemed Hearing under the Mental Health Act

 Printer Friendly Version

June 2016

What is a deemed hearing?

  • A deemed hearing under the Mental Health Act is an automatic or mandatory hearing before the Consent and Capacity Board.
  • You do not make an application for a deemed hearing as the law requires such a hearing to be held under certain circumstances.

 

Under what circumstances is a deemed hearing held?

  • A deemed hearing must be held in the following three circumstances: 
    1. If you are an involuntary patient in a psychiatric facility, each time you are placed on a first Form 4A “Certificate of Continuation” and every fourth Form 4A thereafter, inquiring into whether you meet the requirements to continue as an involuntary patient. This will occur once a year
    2. If you are on a community treatment order, each time you are placed on a second renewal of a Community Treatment Order (i.e., the 2nd renewal, the 4th renewal, the 6th renewal and so on), inquiring into whether the conditions for renewing the Community Treatment Order are met. This will occur once a year.
    3. If you are an informal patient between 12 and 15 years of age, and six months have passed since your admission to the psychiatric facility as an informal patient or your last hearing before the Consent and Capacity Board inquiring into whether you need care, observation or treatment in the psychiatric facility.

 

What is the Consent and Capacity Board?

  • The Consent and Capacity Board is an independent body (adjudicative tribunal) created by the Ontario government under the Health Care Consent Act. The Consent and Capacity Board is independent of the hospital.
  • The Consent and Capacity Board conducts hearings under the Mental Health Act, Health Care Consent Act, Personal Health Information Protection Act and Substitute Decisions Act.

 

What if I do not want a deemed hearing?

  • A deemed hearing is required by law and you cannot cancel it. It will be held whether or not you want the hearing.
  • You can choose to go to the hearing, but you are not required to do so. If you do not go to the hearing, the Consent and Capacity Board may still wish to speak to you.
  • Who notifies the Consent and Capacity Board of the need for a deemed hearing?
  • Either your physician or the officer-in-charge of the psychiatric facility has an obligation to notify the Consent and Capacity Board of the need for a deemed hearing.

 

Do I have the right to ask the Consent and Capacity Board for any special orders if I am on a Form 4A?

  • If you are on a Form 4A (Certificate of Continuation), you may apply to the Consent and Capacity Board for special orders such as, privileges, security level, leave of absence or a transfer to another psychiatric facility. You may apply for special orders once a year. The Rights Adviser will assist you to make this application.

 

Do I receive rights advice about a deemed hearing?

  • Yes. When the doctor or the officer-in-charge signs the applicable renewal form, he or she must “promptly” notify the Rights Adviser that the form was completed.

 

Will I receive a notice of the outcome of the deemed hearing?

  • Yes. You will be notified of the decision of the Consent and Capacity Board. The decision may be faxed to your unit in the psychiatric facility or sent to you by mail. Your lawyer may inform you of the decision.
  • If your involuntary status is confirmed, you are still an involuntary patient. If your involuntary status is revoked, you are a voluntary patient. If your Community Treatment Order is confirmed, you are still on a community treatment order. If the Community Treatment Order is revoked, you are no longer on the Community Treatment Order.
  • If your informal status is confirmed, you are still an informal patient in the psychiatric facility. Alternatively, the Consent and Capacity Board may direct the psychiatric facility to discharge you.

 

Questions?

  • If you have questions, contact your local Patient Advocate or Rights Adviser or call the central office of the Psychiatric Patient Advocate Office at 1-800-578-2343.
   

CONTACT US | ACCESSIBILITY | PRIVACY | © QUEEN'S PRINTER FOR ONTARIO | IMPORTANT NOTICES