Board members are psychiatrists, lawyers and members of the general public appointed by the Lieutenant Governor in Council. The Board sits with one, three, or five members. Hearings are usually recorded in case a transcript is required.
Application forms may be available from health or residential facilities. Completed applications should be faxed to the Board. Health practitioners and officials of health and residential facilities are expected to fax forms to the Board within one hour of completion. If necessary, call the Board to have the application forms and specific information sheets faxed.
The parties will receive a notice from the Board with the time and place of the hearing. If you are not a party, you may ask the Board for the time and place. The hearing will usually take place within a week after the Board receives the application and will be held in the facility where the subject of the hearing resides or receives treatment or at some other place convenient to the parties.
There is no charge to the participants for the services of the Board. The Board is publicly funded and requests that all participants assist in keeping costs down. Each party may attend the hearing and invite anyone they want to come. Family members and friends are also encouraged to attend. The presiding member will introduce everyone and explain how the hearing will work, who the official parties are and the order in which people will speak.
Each party may have a lawyer, call witnesses and bring documents. Each party and the Board members may ask questions of each witness. At the end of the hearing, each party will be invited to summarize and the presiding member will then end the hearing. The Board will meet in private to make its decision. The Board will issue its decision within one day. The Board may also issue written reasons explaining its decision. Written reasons will be issued if any of the parties request them.
