(4) This section does not authorize the placing of a patient on a leave of absence where he or she is subject to detention otherwise than under this Act. (2) Where a patient is transferred under subsection (1), the superintendent of the public hospital has, in addition to the powers conferred upon him or her by the Act under which the hospital operates, the powers under this Act of an officer in charge of a psychiatric facility in respect of the custody and control of the patient. Change of status, where period of detention has expired. A, s. 90 (18). (3) A person who agrees to provide treatment or care and supervision under a community treatment plan shall indicate his or her agreement in the plan and is responsible for providing the treatment or care and supervision in accordance with the plan. (16)-(18) Repealed: 1992, c. 32, s. 20 (38). In this section, "former Act" means The Mental Health Act, R.S.M. 2000, c. 9, s. 13. 48 (1) A party to a proceeding under this Act before the Board may appeal the Board’s decision or order to the Superior Court of Justice on a question of law or fact or both. Consolidation Period: From December 21, 2015 to the e-Laws currency date. R.S.O. (13) Upon the expiry or termination of a community treatment order, the parties may enter into a subsequent community treatment plan if the criteria set out in subsection (4) are met. A, s. 90 (8). However other persons who 2015, c. 36, s. 5 (3). (2) The Minister may, in writing, delegate his or her powers under subsection (1) to the Deputy Minister or to any officer or officers of the Ministry subject to such limitations, conditions and requirements as the Minister may set out in the delegation. (4) An involuntary patient may be detained, restrained, observed and examined in a psychiatric facility, (a) for not more than two weeks under a certificate of involuntary admission; and. 2015, c. 36, s. 10. 51, 52 Repealed: 1992, c. 32, s. 20 (40). 2000, c. 9, s. 22. 2000, c. 9, s. 15. (8) Subject to subsection 20 (1.1) and (5), when a patient or a person acting on the patient’s behalf withdraws an appeal, a physician may complete and file a renewal of the certificate of involuntary admission, the certificate of renewal or the certificate of continuation that was under appeal. 36 Despite subsection 90 (12) of Schedule A to the Health Information Protection Act, 2004, this section, as it read immediately before that subsection came into force, continues to apply to a request for access that a patient made under this section before that subsection came into force. R.S.O. (1.1) Where information upon oath is brought before a justice of the peace that a person within the limits of the jurisdiction of the justice. 41.2 (1) Despite subsection 41.1 (14), an officer in charge, or his or her delegate, may take a temporary action contrary to an order made under section 41.1 if there is a risk of serious bodily harm to the patient or another person. 1990, c. M.7, s. 47 (1.2). 1990, c. M.7, s. 20 (7); 2000, c. 9, s. 7 (5). 1990, c. M.7, s. 13 (3); 1992, c. 32, s. 20 (6). R.S.O. 1992, c. 32, s. 20 (24). A, s. 90 (7). (8) Forthwith following completion and filing of a certificate of involuntary admission, a certificate of renewal or a certificate of continuation, the officer in charge or his or her delegate shall review the certification documents to ascertain whether or not they have been completed in compliance with the criteria outlined in this Act and where, in his or her opinion, the documents are not properly completed, the officer in charge shall so inform the attending physician and, unless the person is re-examined and released or admitted in accordance with this section, the officer in charge shall release the person. (a) the transfer is in the patient’s best interests; (b) the transfer is likely to improve the patient’s condition or well-being; and. 2010, c. 1, Sched. (11) If the Board orders the transfer of a patient to another psychiatric facility, the authority to detain the patient continues in force in the psychiatric facility to which he or she is so transferred. (3) Section 80 of the Health Care Consent Act, 1996 applies to the appeal. 2000, c. 9, s. 10. The patient or other person who has required the hearing. 2000, c. 9, s. 29. 1996, c. 2, s. 72 (31). 1990, c. M.7, s. 48 (5); 1992, c. 32, s. 20 (6); 2015, c. 36, s. 12 (2). (9) No person shall disclose in a proceeding in any court or before any body any information in respect of a patient obtained in the course of assessing or treating the patient, or in the course of assisting in his or her assessment or treatment, or in the course of employment in the psychiatric facility, except. R.S.O. (3) The list referred to in subsection (2) shall be available for public inspection from the Ministry. 1990, c. M.7, s. 32. (a) has previously received treatment for mental disorder of an ongoing or recurring nature that, when not treated, is of a nature or quality that likely will result in serious bodily harm to the person or to another person or substantial mental or physical deterioration of the person or serious physical impairment of the person; (b) has shown clinical improvement as a result of the treatment; (c) is suffering from the same mental disorder as the one for which he or she previously received treatment or from a mental disorder that is similar to the previous one; (d) given the person’s history of mental disorder and current mental or physical condition, is likely to cause serious bodily harm to himself or herself or to another person or is likely to suffer substantial mental or physical deterioration or serious physical impairment; (e) has been found incapable, within the meaning of the Health Care Consent Act, 1996, of consenting to his or her treatment in a psychiatric facility and the consent of his or her substitute decision-maker has been obtained; and. 2015, c. 36, s. 10. (1.1) Where a physician examines a person and has reasonable cause to believe that the person, (a) has previously received treatment for mental disorder of an ongoing or recurring nature that, when not treated, is of a nature or quality that likely will result in serious bodily harm to the person or to another person or substantial mental or physical deterioration of the person or serious physical impairment of the person; and. 2000, c. 9, s. 8. 3. 1996, c. 288 ] MEDICAL CERTIFICATE (INVOLUNTARY ADMISSION) Note: if above space is insufficient, continue on back of form I, , M.D., certify that I examined physician’s name (please print) on . (4.1) The officer in charge shall disclose or transmit a clinical record to, or permit the examination of a clinical record by, a person who is entitled to have access to the record under section 83 of the Substitute Decisions Act, 1992. (3) Subsection (2) does not apply if the patient himself or herself refuses to meet with the rights adviser. 2000, c. 9, s. 15. 2015, c. 36, s. 10. 41.1 (1) When the Board makes an order confirming a patient’s certificate of continuation, the Board may make an order listed in subsection (2) on its own motion or in response to an application made under subsection 39 (6) or may make the order requested under subsection 39 (8). The ability of the psychiatric facility or facilities to manage and provide care for the patient and others. Chapter 1: Overview of Legislation Relevant to Mental Health Care in Ontario 1. (3) An application under subsection (1) may be made at any time by the Minister, the Deputy Minister or the officer in charge of the psychiatric facility in respect of any involuntary patient. 30 (1) Upon the advice of the attending physician that a patient requires hospital treatment that cannot be supplied in the psychiatric facility, the officer in charge may, if otherwise permitted by law, transfer the patient to a public hospital for such treatment and return him or her to the psychiatric facility upon the conclusion thereof. R.S.O. 10 The Minister may pay psychiatric facilities provincial aid in such manner, in such amounts and on such conditions as he or she considers appropriate. Any questions you have about this form may be addressed to the Clerk of the Court. 1990, c. M.7, s. 80. (3) The purpose of a community treatment order is to provide a person who suffers from a serious mental disorder with a comprehensive plan of community-based treatment or care and supervision that is less restrictive than being detained in a psychiatric facility. 2015, c. 36, s. 16. People detained under the Mental Health Act need urgent treatment for a mental health disorder and are at risk of harm to themselves or others. 1990, c. M.7, s. 13 (5). The reasons that community treatment orders were or were not used during the review period. (3) The Minister is also entitled to be heard, by counsel or otherwise, at a hearing referred to in subsection (2) without becoming a party. 29 (1) Upon the advice of the attending physician, the officer in charge of a psychiatric facility may, if otherwise permitted by law and subject to arrangements being made with the officer in charge of another psychiatric facility, transfer a patient to such other psychiatric facility upon completing a memorandum of transfer in the approved form. 2001, c. 9, Sched. (4) Despite subsection 39 (15) of this Act and subsection 75 (2) of the Health Care Consent Act, 1996, the hearing of an application made under subsection 39 (6) or (8) of this Act before June 21, 2016 shall begin within 28 days after the day the Board receives the application, unless the parties agree to a postponement. J, s. 33; 2000, c. 9, s. 23 (2). Despite clause 73 (3) (b) of the Health Care Consent Act, 1996, all three members of a three-member panel are required to constitute a quorum. (3) Except as provided in subsection (1), no person shall disclose the fact that a person is being considered for or is subject to a community treatment order without the consent of the person or the person’s substitute decision-maker. R.S.O. R.S.O. mental health care Form 2 (Order for Examination s. 16 of the Mental Health Act) is used under the same conditions as the Form 1 but is issued by a justice of the peace. Health Care Consent Act, 1996, of consenting to his or her treatment in a psychiatric facility and the consent of his or her substitute decision-maker has been obtained. 2000, c. 9, s. 15. (2) The Board is limited to making only one or more of the following orders when it confirms a patient’s certificate of continuation: 1. (ii) inform the person of the failure to comply or, if the person is incapable within the meaning of the Health Care Consent Act, 1996, inform the person’s substitute decision-maker of the failure, (iii) inform the person or the substitute decision-maker of the possibility that the physician may issue an order for examination and of the possible consequences, and. 6. Key Legislation 1-6 The Mental Health Act 1-6 The Health Care Consent Act 1-6 The Substitute Decisions Act 1-6 The Personal Health Information Protection Act 1-6 Part XX.I of the Criminal Code of Canada 1-7 C. a third person who is not a psychiatrist, a physician, a registered nurse in the extended class, a lawyer or a prescribed person. the physician may make application in the prescribed form for a psychiatric assessment of the person. (b) may not make an application under subsection 39 (6) until he or she has been issued a second certificate of continuation. 2015, c. 36, s. 9 (1). 2000, c. 9, s. 15. 1990, c. M.7, s. 21. 1990, c. M.7, s. 13 (1); 1992, c. 32, s. 20 (6); 2000, c. 9, s. 2 (1). 83 (1) An involuntary patient who made an application under subsection 39 (2) or who was deemed to have made an application under subsection 39 (4) before December 21, 2015, as it read at that time, shall have that application continued and finally disposed of in accordance with that subsection as it read immediately before its re-enactment. Form 2 (Order of Examination s. 16 of the Mental Health Act), Canadian Mental Health Association (2012) 2000, c. 9, s. 15. (2) Subsection (1) does not authorize the discharge into the community of a patient who is subject to detention otherwise than under this Act. (b) to detain the person who is the subject of the application in a psychiatric facility and to restrain, observe and examine him or her in the facility for not more than 72 hours. 1992, c. 32, s. 20 (43); 2015, c. 36, s. 14 (2). 33.8 Nothing in sections 33.1 to 33.7 prevents a physician, a justice of the peace or a police officer from taking any of the actions that they may take under section 15, 16, 17 or 20. (5) Where an appeal is taken against a decision by the Board to discontinue a certificate of involuntary admission, a certificate of renewal, a certificate of continuation or an extension of a certificate, the certificate shall continue in effect for a period of three clear days excluding Saturday and holidays, following the decision of the Board. 1990, c. M.7, s. 41 (3); 1992, c. 32, s. 20 (6). 2000, c. 9, s. 7 (2); 2015, c. 36, s. 1. and in addition based upon the information before him or her the justice of the peace has reasonable cause to believe that the person is apparently suffering from mental disorder of a nature or quality that likely will result in. 1992, c. 32, s. 20 (43); 2015, c. 36, s. 13. (b) that the contents of a communication sent to a patient would, (i) interfere with the treatment of the patient, or. Form 2 Mental Health Act To the police officers of Ontario. 2000, c. 9, s. 15. 33.5 (1) A physician who issues or renews a community treatment order, or a physician who is appointed under subsection (2), is responsible for the general supervision and management of the order. 5. (3) If a person who is responsible for providing an aspect of treatment or care and supervision under a community treatment plan believes, on reasonable grounds and in good faith, that the physician who issued or renewed the community treatment order or a physician appointed under subsection 33.5 (2) is providing treatment or care and supervision in accordance with the plan, the person is not liable for any default or neglect by the physician in providing the treatment or care and supervision. 2015, c. 36, s. 11. (10) The physician who issues or renews a community treatment order under this section shall ensure that a copy of the order, including the community treatment plan, is given to. The Mental Health Act is the law that describes what should happen when someone who is living with a mental illness needs treatment and protection for themselves/others.. 4. (11) Subsection (9) does not apply to a proceeding before a court or any other body that is commenced by or on behalf of a patient and that relates to the assessment or treatment of the patient in a psychiatric facility. 79 No action lies against any psychiatric facility or any officer, employee or servant thereof for a tort of any patient. (b) in respect of psychiatric facilities or any class thereof. “rights adviser” means a person, or a member of a category of persons, qualified to perform the functions of a rights adviser under this Act and designated by a psychiatric facility, the Minister or by the regulations to perform those functions, but does not include, (a) a person involved in the direct clinical care of the person to whom the rights advice is to be given, or, (b) a person providing treatment or care and supervision under a community treatment plan; (“conseiller en matière de droits”), “senior physician” means the physician responsible for the clinical services in a psychiatric facility; (“médecin-chef”), “substitute decision-maker”, in relation to a patient, means the person who would be authorized under the Health Care Consent Act, 1996 to give or refuse consent to a treatment on behalf of the patient, if the patient were incapable with respect to the treatment under that Act, unless the context requires otherwise; (“mandataire spécial”). (5) Nothing in this section prevents a physician from completing a certificate of involuntary admission in respect of the child. (2) The notice shall state the reasons for the detention and shall indicate that the person has the right to retain and instruct counsel without delay. (c) has shown or is showing a lack of competence to care for himself or herself. 1990, c. M.7, s. 35 (6); 1992, c. 32, s. 20 (14); 2004, c. 3, Sched. (3) The temporary action may continue until the Board disposes of the application made in accordance with clause (2) (c). In deciding if a Form 1 is appropriate, you must complete either Box A (serious harm test) or Box B (persons 1996, c. 2, s. 72 (27). R.S.O. 2000, c. 9, s. 9. 2000, c. 9, s. 15. 2000, c. 9, s. 15. 2000, c. 9, s. 15. Conditions for issuing order for examination. R.S.O. R.S.O. (k) governing the transfer of information among those involved in the process of providing persons with information about their rights and among those involved in the process of implementing a community treatment plan; (k.1) regulating the timing of the treatment of a person in a psychiatric facility or subject to a community treatment order, if the person must be provided with information about his or her rights or if the person exercises, or indicates an intention to exercise, any of his or her rights; (k.2) Repealed: 2004, c. 3, Sched. This material does not give an official interpretation of the law and is not a replacement for professional advice or a substitute for reading the legislation. 2000, c. 9, s. 15. 28 (1) Where a person who is subject to detention is absent without leave from a psychiatric facility, a police officer or any other person to whom the officer in charge has issued an order for return shall make reasonable attempts to return the person and may, within one month after the absence becomes known to the officer in charge, return the person to the psychiatric facility or take the person to the psychiatric facility nearest to the place where the person is apprehended. Application for review by person subject to community treatment order. (7) On a hearing under subsection (6), the court or body shall consider whether or not the disclosure, transmittal or examination of the record of personal health information or the part of the record of personal health information specified by the attending physician. (ii) the person meets the criteria for the completion of an application for psychiatric assessment under subsection 15 (1) or (1.1) where the person is not currently a patient in a psychiatric facility. 2015, c. 36, s. 6. R.S.O. If you are a member of the media, call Communications and Marketing Branch at 416-314-6197 or visit our News Room section. 1990, c. M.7, s. 48 (11); 1992, c. 32, s. 20 (6); 2000, c. 9, s. 23 (4); 2015, c. 36, s. 1. 1990, c. M.7, s. 15 (3); 2000, c. 9, s. 3 (4). 1990, c. M.7, s. 20 (8); 2000, c. 9, s. 7 (6); 2015, c. 36, s. 4 (2). (6) An involuntary patient whose authorized period of detention has expired shall be deemed to be an informal or voluntary patient. (4) The Board by an order in writing may, (a) direct that the child be discharged from the psychiatric facility; or. 2010, c. 1, Sched. In Toronto, TTY 416-327-4282 Hours of operation : 8:30am - 5:00pm 1992, c. 32, s. 20 (41); 2000, c. 9, s. 24. R.S.O. 1992, c. 32, s. 20 (24). (2) An application under subsection (1) may be made each time a community treatment order is issued or renewed under section 33.1. 84 Despite the repeal of section 39.2, any application that was made under that section before December 21, 2015 shall be continued and finally disposed of in accordance with that section as it read immediately before its repeal. Any conditions relating to the treatment or care and supervision of the person. (4) An application under subsection (1) or (1.1) is not effective unless it is signed by the physician within seven days after he or she examined the person who is the subject of the examination. the Minister may, upon compliance in Ontario with necessary modifications with the laws respecting hospitalization in such other jurisdiction, by warrant in the approved form authorize his or her transfer thereto. R.S.O. (14) The following rules apply with respect to the composition and quorum of panels of the Board that hear applications under this section: 1. Order for Examination under Section 16. In Canada, every province has a mental health law that is used to serve the people living in that province. It governs the admission process, the different categories of patient admission, as well as directives around assessment, care and treatment. (3) After an examination under subsection (1) or (2), the physician shall note his or her determination, with reasons, in the patient’s record of personal health information. (2) Despite subsection 39 (4), an involuntary patient who was deemed to have made an application under subsection 39 (4), as it read at the time, on or after June 21, 2015 but before December 21, 2015, (a) shall not be deemed to have applied under subsection 39 (4) on the completion of the patient’s first certificate of continuation; and. (c) notify the persons referred to in clauses 33.1 (10) (b), (c) and (d) that the community treatment order has been terminated. (b) reasonable efforts have been made to. R.S.O. (2) A patient who is being returned under subsection (1) may be detained in an appropriate place in the course of his or her return. The information on this form is collected pursuant to section 28 of the Mental Health Act. 2015, c. 36, s. 16. 1996, c. 2, s. 72 (6). (3) If the person subject to the community treatment order fails to permit the physician to review his or her condition, the physician may, within the 72-hour period, issue in the prescribed form an order for examination of the person if he or she has reasonable cause to believe that the criteria set out in subclauses 33.1 (4) (c) (i), (ii) and (iii) continue to be met. 1992, c. 32, s. 20 (24). Direct the officer in charge of the psychiatric facility to allow the patient to be provided with supervised or unsupervised access to the community. (iii) the circumstances in which the information or assistance must be given, (iv) the persons by whom the information or assistance must be given, and. Physician who completes certificate of involuntary admission. (4) On the completion of a patient’s first certificate of continuation and on the completion of every fourth certificate of continuation thereafter, the patient shall be deemed to have applied to the Board in the approved form under subsection (1) unless he or she has already applied under clause (2) (c). R.S.O. 77 The Lieutenant Governor in Council may authorize an agreement between Her Majesty the Queen in right of Ontario represented by the Minister and Her Majesty the Queen in right of Canada represented by the Minister of any department of the Government of Canada that is from time to time charged with the observation, care and treatment of persons who are suffering from a mental disorder whereunder that department may establish, operate, maintain, control and direct in Ontario psychiatric facilities within the meaning of this Act for the observation, care and treatment of such persons, and where such an agreement is made, it may provide that the provisions of Parts II and III of this Act and the relevant regulations, or any of them, apply with necessary modifications. Any patient section 80 of the application, information shall be available for public inspection from Ministry. 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