and instruct counsel. Pursuant to s. 81(1)(a), the Board may direct
Legal Aid Ontario to arrange representation for a person who
does not have legal representation.
 As noted above, s. 25.1 of the Statutory Powers and Procedures Act empowers the Board to enact Rules of Practice. For the
present purposes of considering the matters of self-represented
parties and procedural fairness in Board hearings, the pertinent
rules of the Board are Rules 1.1, 3.1, 3.2, 3.3, 5.4, 5.5, 20.1, 23.1,
24.1 and 29.1, which state:
Purpose of the Rules
1.1 The purpose of these Rules is to provide a just, fair, accessible and
understandable process for parties to proceedings before the Board. The
Rules attempt to facilitate access to the Board; to promote respectful hearings; to promote consistency of process; to make proceedings less adversarial,
where appropriate; to make proceedings as cost effective as possible for all
those involved in Board proceedings and for the Board by ensuring the efficiency and timeliness of proceedings; to avoid unnecessary length and delay
of proceedings; and to assist the Board in fulfilling its statutory mandate of
delivering a just and fair determination of the matters which come before it.
3.1 The Board may exercise any of its powers under these Rules on its own
initiative or at the request of any party. Unless otherwise provided, members
of the Board, sitting alone or in a panel of three or five members to deal with
particular applications, may exercise the powers provided to the Board in
3.2 During any proceeding, the Board may do whatever is necessary and
permitted by law to enable it to effectively and completely adjudicate on the
matter before it. The Board may decide the procedure to be followed for any
proceeding and may make procedural directions or orders at any time. The
Board may impose such conditions as are appropriate and fair.
3.3 The Board may waive or vary any of these Rules at any time in order to
ensure the fair and just determination of the proceedings before it.
5.4 If it appears to the Board, prior to the commencement of or at any time
during the hearing, that the subject of the application will not have legal representation at the hearing, the Board may exercise its powers under section
81 of the Health Care Consent Act, 1996 to arrange legal representation for
5.5 In order to exercise its powers under section 81 of the Health Care Consent Act, 1996, the Board or its administrative staff may make inquiries for
the sole purpose of determining whether the subject of the application is
or may be incapable with respect to treatment, admission to a care facility or