By mosfet, I was referring to the internal 33 ohm mosfet, not the PowerMOS of the buck converter. But, they essentially share a gate signal so the point is moot I guess.
Anyways, the current that is used to generate the constant time if is Icoll. See the plot on pg. 13 of the datasheet. The internal moset is on when the PowerMOS is on. During this time all of the current will be shunted to ground. The voltage across the cap should be "zero" and should not be charging. During the PowerMos off time, the internal mosfet is off allowing the cap to charge until it reaches the internal reference voltage. Then the internal logic switches the internal mosfet and the PowerMOS on. Since you have a constant current on a cap, the charge time is constant, so the PowerMOS off time is constant, hence the name.
If your cap is charging during the on time (when the mosfet is on) then it means one of three probable things.
1. The logic controlling the gate is incorrect.
2. Icoll is too high.
3. The resistance of the mosfet is too high.