Determining an individual is incapable

When you determine that someone is incapable, it affects their right to make some or all decisions about their personal information. You must give the individual information about the consequences of this determination if it is reasonable to do so.69

The determination of incapacity is specific to an individual’s rights under Part X — it does not impact their right to make decisions about other matters unrelated to their personal information.

Service providers are responsible for determining capacity under Part X. However, people have a right to challenge determinations of incapacity through an application to the Consent and Capacity Board.70


69. CYFSA, s. 304(2). This section also requires you to provide the incapable person with prescribed information, while section 304(1) requires you to make determinations of incapacity in accordance with any prescribed requirements and restrictions. Nothing is currently prescribed under either of these subsections.
70. CYFSA, s. 304(3), O. Reg 191/18, s. 7

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