Mental Health Act

1 (1) In this Act, “attending physician” means a physician to whom responsibility for the observation, care and treatment of a patient has been assigned; (“médecin traitant”) “Board” means the Consent and Capacity Board continued under the Health Care Consent Act, 1996; (“Commission”) “community treatment plan” means a plan described in section 33.7 that is a required part of a community treatment order; (“plan de traitement en milieu communautaire”) “Deputy Minister” means the deputy minister of the Minister; (“sous-ministre”) “health practitioner” has the same meaning as in the Health Care Consent Act, 1996; (“praticien de la santé”) “informal patient” means a person who is a patient in a psychiatric facility, having been admitted with the consent of another person under section 24 of the Health Care Consent Act, 1996; (“malade en cure facultative”) “involuntary patient” means a person…

2 Repealed: 1992, c. 32, s. 20 (7). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (7) - 03/04/1995; 1994, c. 27, s. 43 (2) - no effect - see 1992, c. 32, s. 20 (7) - 03/04/1995

3-5 Repealed: 1992, c. 32, s. 20 (7). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (7) - 03/04/1995

6 Nothing in this Act shall be deemed to affect the rights or privileges of any person except as specifically set out in this Act. R.S.O. 1990, c. M.7, s. 6.

PART I STANDARDS

7 This Act applies to every psychiatric facility. R.S.O. 1990, c. M.7, s. 7.

8 Every psychiatric facility has power to carry on its undertaking as authorized by any Act, but, where the provisions of any Act conflict with the provisions of this Act or the regulations, the provisions of this Act and the regulations prevail. R.S.O. 1990, c. M.7, s. 8.

9 (1) The Minister may designate officers of the Ministry or appoint persons who shall advise and assist medical officers of health, local boards of health, hospitals and other bodies and persons in all matters pertaining to mental health and who shall have such other duties as are assigned to them by this Act or the regulations. Powers (2) Any such officer or person may at any time, and shall be permitted so to do by the authorities thereat, visit and inspect any psychiatric facility, and in so doing may interview patients, examine books, records and other documents relating to patients, examine the condition of the psychiatric facility and its equipment, and inquire into the adequacy of its staff, the range of services provided and any other matter he or she considers relevant to the maintenance of standards of patient care. R.S.O. 1990, c. M.7, s. 9.

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. 1997, c. 15, s. 11 (1). Section Amendments with date in force (d/m/y) 1997, c. 15, s. 11 (1) - 10/10/1997

PART II HOSPITALIZATION

11 Despite this or any other Act, admission to a psychiatric facility may be refused where the immediate needs in the case of the proposed patient are such that hospitalization is not urgent or necessary. R.S.O. 1990, c. M.7, s. 11.

12 Any person who is believed to be in need of the observation, care and treatment provided in a psychiatric facility may be admitted thereto as an informal or voluntary patient upon the recommendation of a physician. R.S.O. 1990, c. M.7, s. 12.

13 (1) A child who is twelve years of age or older but less than sixteen years of age, who is an informal patient in a psychiatric facility and who has not so applied within the preceding three months may apply in the approved form to the Board to inquire into whether the child needs observation, care and treatment in the psychiatric facility. R.S.O. 1990, c. M.7, s. 13 (1); 1992, c. 32, s. 20 (6); 2000, c. 9, s. 2 (1). Application deemed made (2) Upon the completion of six months after the later of the child’s admission to the psychiatric facility as an informal patient or the child’s last application under subsection (1), the child shall be deemed to have applied to the Board in the approved form under subsection (1). R.S.O. 1990, c. M.7, s. 13 (2); 1992, c. 32, s. 20 (6); 2000, c. 9, s. 2 (2). Considerations (3) In determining whether the child needs observation, care and treatment in…

14 Nothing in this Act authorizes a psychiatric facility to detain or to restrain an informal or voluntary patient. R.S.O. 1990, c. M.7, s. 14.

15 (1) Where a physician examines a person and has reasonable cause to believe that the person, (a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself; (b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or (c) has shown or is showing a lack of competence to care for himself or herself, and if in addition the physician is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in, (d) serious bodily harm to the person; (e) serious bodily harm to another person; or (f) serious physical impairment of the person, the physician may make application in the prescribed form for a psychiatric assessment of the person. R.S.O. 1990, c. M.7, s. 15 (1); 2000, c. 9, s. 3 (1). Same (1.1) Where …

16 (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, (a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself; (b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or (c) has shown or is showing a lack of competence to care for himself or herself, 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, (d) serious bodily harm to the person; (e) serious bodily harm to another person; or (f) serious physical impairment of the person, the justice of the peace may issue an order in the prescri…

17 Where a police officer has reasonable and probable grounds to believe that a person is acting or has acted in a disorderly manner and has reasonable cause to believe that the person, (a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself; (b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or (c) has shown or is showing a lack of competence to care for himself or herself, and in addition the police officer is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in, (d) serious bodily harm to the person; (e) serious bodily harm to another person; or (f) serious physical impairment of the person, and that it would be dangerous to proceed under section 16, the police officer ma…

18 An examination under section 16 or 17 shall be conducted by a physician forthwith after receipt of the person at the place of examination and where practicable the place shall be a psychiatric facility or other health facility. R.S.O. 1990, c. M.7, s. 18.

19 Subject to subsections 20 (1.1) and (5), the attending physician may change the status of an informal or voluntary patient to that of an involuntary patient by completing and filing with the officer in charge a certificate of involuntary admission. R.S.O. 1990, c. M.7, s. 19; 2000, c. 9, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 6 - 01/12/2000

20 (1) The attending physician, after observing and examining a person who is the subject of an application for assessment under section 15 or who is the subject of an order under section 32, (a) shall release the person from the psychiatric facility if the attending physician is of the opinion that the person is not in need of the treatment provided in a psychiatric facility; (b) shall admit the person as an informal or voluntary patient if the attending physician is of the opinion that the person is suffering from mental disorder of such a nature or quality that the person is in need of the treatment provided in a psychiatric facility and is suitable for admission as an informal or voluntary patient; or (c) shall admit the person as an involuntary patient by completing and filing with the officer in charge a certificate of involuntary admission if the attending physician is of the opin…

21 (1) Where a judge has reason to believe that a person who appears before him or her charged with or convicted of an offence suffers from mental disorder, the judge may order the person to attend a psychiatric facility for examination. Senior physician’s report (2) Where an examination is made under this section, the senior physician shall report in writing to the judge as to the mental condition of the person. R.S.O. 1990, c. M.7, s. 21.

22 (1) Where a judge has reason to believe that a person in custody who appears before him or her charged with an offence suffers from mental disorder, the judge may, by order, remand that person for admission as a patient to a psychiatric facility for a period of not more than two months. Senior physician’s report (2) Before the expiration of the time mentioned in such order, the senior physician shall report in writing to the judge as to the mental condition of the person. R.S.O. 1990, c. M.7, s. 22.

23 A judge shall not make an order under section 21 or 22 until he or she ascertains from the senior physician of a psychiatric facility that the services of the psychiatric facility are available to the person to be named in the order. R.S.O. 1990, c. M.7, s. 23.

24 Despite this or any other Act or any regulation made under any other Act, the senior physician may report all or any part of the information compiled by the psychiatric facility to any person where, in the opinion of the senior physician, it is in the best interests of the person who is the subject of an order made under section 21 or 22. R.S.O. 1990, c. M.7, s. 24.

25 Any person who is detained in a psychiatric facility under Part XX.1 of the Criminal Code (Canada) may be restrained, observed and examined under this Act and provided with treatment under the Health Care Consent Act, 1996. 2000, c. 9, s. 8. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 8 - 01/12/2000

26 (1) Except as provided in this section, no communication written by a patient or sent to a patient shall be opened, examined or withheld, and its delivery shall not in any way be obstructed or delayed. R.S.O. 1990, c. M.7, s. 26 (1). Where communication may be withheld (2) Where the officer in charge or a person acting under his or her authority has reasonable and probable cause to believe, (a) that the contents of a communication written by a patient would, (i) be unreasonably offensive to the addressee, or (ii) prejudice the best interests of the patient; or (b) that the contents of a communication sent to a patient would, (i) interfere with the treatment of the patient, or (ii) cause the patient unnecessary distress, the officer in charge or a person acting under his or her authority may open and examine the contents thereof and, if any condition mentioned in clause (a) or (b), as …

27 (1) The attending physician may, subject to subsection (3), place a patient on a leave of absence from the psychiatric facility for a designated period of not more than three months if the intention is that the patient shall return to the facility. 2000, c. 9, s. 9. Same (2) The officer in charge may, upon the advice of the attending physician, place a patient on a leave of absence from the psychiatric facility for a designated period of not more than three months. 2000, c. 9, s. 9. Terms and conditions (3) The attending physician and the patient shall comply with such terms and conditions for the leave of absence as the officer in charge may prescribe. 2000, c. 9, s. 9. Exception (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. 2000, c. 9, s. 9. Section Amendments with date in for…

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. 2000, c. 9, s. 10. Detention during return (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. R.S.O. 1990, c. M.7, s. 28 (2). Period of detention upon return (3) For the purposes of this Act, a patient who is returned under subsection (1) may be detained for the remainder of the period of detention to which he or she was subject whe…

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. R.S.O. 1990, c. M.7, s. 29 (1); 2000, c. 9, s. 11. Transfer of records from one facility to another (1.1) The officer in charge of the psychiatric facility from which the patient is transferred may transfer the patient’s record of personal health information to the officer in charge of the psychiatric facility to which the patient is transferred. 2004, c. 3, Sched. A, s. 90 (4). Authority to detain (2) Where a patient is transferred under subsection (1), the authority to detain him or her continues in force in the psychiatric facility to which …

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. Powers of superintendent (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. R.S.O. 1990, c. M.7, s. 30.

31 Where it appears to the Minister, (a) that a patient in a psychiatric facility has come or been brought into Ontario from elsewhere and his or her hospitalization is the responsibility of another jurisdiction; or (b) that it would be in the best interests of a patient in a psychiatric facility to be hospitalized in another jurisdiction,

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. 1990, c. M.7, s. 31; 2000, c. 9, s. 12. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 12 - 01/12/2000

32 (1) Where the Minister has reasonable cause to believe that there may come or be brought into Ontario a person suffering from mental disorder of a nature or quality that likely will result in, (a) serious bodily harm to the person; or (b) serious bodily harm to another person,

unless the person is placed in the custody of a psychiatric facility, the Minister by an order in the prescribed form may authorize any one to take the person in custody to a psychiatric facility and the order is authority to admit, detain, restrain, observe and examine the person in the psychiatric facility. R.S.O. 1990, c. M.7, s. 32. Delegation of Minister’s powers (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. 2000, c. 9, s. 13. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 13 - 01/12/2000

33 A police officer or other person who takes a person in custody to a psychiatric facility shall remain at the facility and retain custody of the person until the facility takes custody of him or her in the prescribed manner. 2000, c. 9, s. 14. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 14 - 01/12/2000

33.1 (1) A physician may issue or renew a community treatment order with respect to a person for a purpose described in subsection (3) if the criteria set out in subsection (4) are met. 2000, c. 9, s. 15. Same (2) The community treatment order must be in the prescribed form. 2000, c. 9, s. 15. Purposes (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. Without limiting the generality of the foregoing, a purpose is to provide such a plan for a person who, as a result of his or her serious mental disorder, experiences this pattern: The person is admitted to a psychiatric facility where his or her condition is usually stabilized; after being released from the facility, the person o…

33.2 (1) At the request of a person who is subject to a community treatment order or of his or her substitute decision-maker, the physician who issued or renewed the order shall review the person’s condition to determine if the person is able to continue to live in the community without being subject to the order. 2000, c. 9, s. 15. Same (2) If the physician determines, upon reviewing the person’s condition, that the circumstances described in subclauses 33.1 (4) (c) (i), (ii) and (iii) no longer exist, the physician shall, (a) terminate the community treatment order; (b) notify the person that he or she may live in the community without being subject to the community treatment order; and (c) notify the persons referred to in clauses 33.1 (10) (b), (c) and (d) that the community treatment order has been terminated. 2000, c. 9, s. 15. Section Amendments with date in force (d/m/y) 2000, c.…

33.3 (1) If a physician who issued or renewed a community treatment order has reasonable cause to believe that the person subject to the order has failed to comply with his or her obligations under subsection 33.1 (9), the physician may, subject to subsection (2), issue an order for examination of the person in the prescribed form. 2000, c. 9, s. 15. Community treatment order not terminated (1.1) A community treatment order is not terminated by the issuance of an order for examination under this section. 2010, c. 1, Sched. 17, s. 2. Conditions for issuing order for examination (2) The physician shall not issue an order for examination under subsection (1) unless, (a) 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; and (b) reasonable efforts have been made to, (i) locate the person, (ii) inform the pers…

33.4 (1) A person who is subject to a community treatment order, or his or her substitute decision-maker, may withdraw his or her consent to the community treatment plan by giving the physician who issued or renewed the order a notice of intention to withdraw consent. 2000, c. 9, s. 15. Duty of physician (2) Within 72 hours after receipt of the notice, the physician shall review the person’s condition to determine if the person is able to continue to live in the community without being subject to the order. 2000, c. 9, s. 15. Order for examination (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…

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. 2000, c. 9, s. 15. Appointment of other physician (2) If the physician who issues or renews a community treatment order is absent or, for any other reason, is unable to carry out his or her responsibilities under subsection (1) or under section 33.2, 33.3 or 33.4, the physician may appoint another physician to act in his or her place, with the consent of that physician. 2000, c. 9, s. 15. Responsibility, named providers (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. 2000, c. 9, s. 15. Responsibi…

33.6 (1) If the physician who issues or renews a community treatment order or a physician appointed under subsection 33.5 (2) believes, on reasonable grounds and in good faith, that the persons who are responsible for providing treatment or care and supervision under a community treatment plan are doing so in accordance with the plan, the physician is not liable for any default or neglect by those persons in providing the treatment or care and supervision. 2000, c. 9, s. 15. Same, other persons involved in treatment (2) 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 a person who is responsible for providing another aspect of treatment or care and supervision under the plan is doing so in accordance with the plan, the person is not liable for any default or…

33.7 A community treatment plan shall contain at least the following: 1. A plan of treatment for the person subject to the community treatment order. 2. Any conditions relating to the treatment or care and supervision of the person. 3. The obligations of the person subject to the community treatment order. 4. The obligations of the substitute decision-maker, if any. 5. The name of the physician, if any, who has agreed to accept responsibility for the general supervision and management of the community treatment order under subsection 33.5 (2). 6. The names of all persons or organizations who have agreed to provide treatment or care and supervision under the community treatment plan and their obligations under the plan. 2000, c. 9, s. 15. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 15 - 01/12/2000

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. 2000, c. 9, s. 15. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 15 - 01/12/2000

33.9 (1) The Minister shall establish a process to review the following matters: 1. The reasons that community treatment orders were or were not used during the review period. 2. The effectiveness of community treatment orders during the review period. 3. Methods used to evaluate the outcome of any treatment used under community treatment orders. 2000, c. 9, s. 15. First review (2) The first review must be undertaken during the third year after the date on which subsection 33.1 (1) comes into force. 2000, c. 9, s. 15. Subsequent reviews (3) A review must be completed every five years after the first review is completed. 2000, c. 9, s. 15. Report (4) The Minister shall make available to the public for inspection the written report of the person conducting each review. 2000, c. 9, s. 15. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 15 - 01/12/2000

34 (1) A patient shall be discharged from a psychiatric facility when he or she is no longer in need of the observation, care and treatment provided therein. Exception (2) Subsection (1) does not authorize the discharge into the community of a patient who is subject to detention otherwise than under this Act. R.S.O. 1990, c. M.7, s. 34.

34.1 Where there is a conflict between the Personal Health Information Protection Act, 2004 and section 35 or 35.1 of this Act or any provision of this Act relating to the issuance or renewal of a community treatment order or the treatment, care or supervision of a person in accordance with a community treatment plan, the provisions of this Act apply. 2004, c. 3, Sched. A, s. 90 (5). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 90 (5) - 01/11/2004

35. (1) In this section, “patient” includes former patient, out-patient, former out-patient and anyone who is or has been detained in a psychiatric facility. 2004, c. 3, Sched. A, s. 90 (7). Disclosure, etc., for purpose of detention or order (2) The officer in charge of a psychiatric facility may collect, use and disclose personal health information about a patient, with or without the patient’s consent, for the purposes of, (a) examining, assessing, observing or detaining the patient in accordance with this Act; or (b) complying with Part XX.1 (Mental Disorder) of the Criminal Code (Canada) or an order or disposition made pursuant to that Part. 2004, c. 3, Sched. A, s. 90 (7). Disclosure to Board (3) In a proceeding before the Board under this or any other Act in respect of a patient, the officer in charge shall, at the request of any party to the proceeding, disclose to the Board the …

35.1 (1) Despite any other Act or the regulations made under any other Act, a physician who is considering issuing or renewing a community treatment order with respect to a person may consult with a member of a regulated health profession or of the Ontario College of Social Workers and Social Service Workers or any other person to determine whether the order should be issued or renewed. 2000, c. 9, s. 17. Sharing of information (2) Despite any other Act or the regulations made under any other Act, a member of a regulated health profession acting within the scope of practice of his or her profession or a member of the Ontario College of Social Workers and Social Service Workers or any other person named in a community treatment plan as participating in the treatment or care and supervision of a person who is subject to the order may share information with each other relating to the person…

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. 2004, c. 3, Sched. A, s. 90 (12). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (6) - 03/04/1995; 1996, c. 2, s. 72 (16-19) - 29/03/1996 2000, c. 9, s. 18 - 01/12/2000 2004, c. 3, Sched. A, s. 90 (12) - 01/11/2004

36.1 Repealed: 2004, c. 3, Sched. A, s. 90 (13). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (22) - 03/04/1995; 1996, c. 2, s. 72 (20) - 29/03/1996 2000, c. 9, s. 19 - 01/12/2000 2004, c. 3, Sched. A, s. 90 (13) - 01/11/2004

36.2 Repealed: 2004, c. 3, Sched. A, s. 90 (14). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (22) - 03/04/1995; 1996, c. 2, s. 72 (21, 22) - 29/03/1996 2000, c. 9, s. 20 - 01/12/2000 2004, c. 3, Sched. A, s. 90 (14) - 01/11/2004

36.3 Repealed: 2004, c. 3, Sched. A, s. 90 (15). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 72 (23) - 29/03/1996 2004, c. 3, Sched. A, s. 90 (15) - 01/11/2004

37 Repealed: 1992, c. 32, s. 20 (23). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (23) - 03/04/1995 Notice and rights advice

38 (1) An attending physician who completes a certificate of involuntary admission, a certificate of renewal or a certificate of continuation shall promptly give the patient a written notice that complies with subsection (2) and shall also promptly notify a rights adviser. 1992, c. 32, s. 20 (24); 2015, c. 36, s. 1. Contents of notice to patient (2) The written notice given to the patient shall inform the patient, (a) of the reasons for the detention; (b) that the patient is entitled to a hearing before the Board; (c) that the patient has the right to retain and instruct counsel without delay; and (d) where applicable, that the patient has the right to request that the Board make one or more orders under section 41.1. 2010, c. 1, Sched. 17, s. 3; 2015, c. 36, s. 5 (1). Rights adviser (3) The rights adviser shall promptly meet with the patient and explain to him or her the significance of…

38.1 (1) The attending physician of a person who is the subject of an application for assessment under section 15 or an order under section 32 shall promptly give the person a written notice of the application or order. 1992, c. 32, s. 20 (24). Same (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. 1992, c. 32, s. 20 (24). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (24) - 03/04/1995

39 (1) An involuntary patient, or any person on his or her behalf, may apply to the Board in the approved form to inquire into whether or not the prerequisites set out in this Act for admission or continuation as an involuntary patient are met. 2015, c. 36, s. 6. When application may be made (2) In addition to the applications under subsection (4), an application under subsection (1) may be made, (a) when a certificate of involuntary admission respecting the patient comes into force; (b) when any certificate of renewal respecting the patient comes into force; or (c) when any certificate of continuation respecting the patient comes into force. 2015, c. 36, s. 6. Application for review by Minister, etc. (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 patie…

39.1 (1) A person who is subject to a community treatment order, or any person on his or her behalf, may apply to the Board in the approved form to inquire into whether or not the criteria for issuing or renewing a community treatment order set out in subsection 33.1 (4) are met. 2000, c. 9, s. 22. When application may be made (2) An application under subsection (1) may be made each time a community treatment order is issued or renewed under section 33.1. 2000, c. 9, s. 22. Deemed application (3) When a community treatment order is renewed for the second time and on the occasion of every second renewal thereafter, the person shall be deemed to have applied to the Board in the approved form under subsection (1) unless an application has already been made under that subsection. 2000, c. 9, s. 22. Notice to Board (4) When a physician renews a community treatment order for the second time an…

39.2 Repealed: 2015, c. 36, s. 8. Section Amendments with date in force (d/m/y) 2010, c. 1, Sched. 17, s. 4 - 18/05/2010 2015, c. 36, s. 8 - 21/12/2015

40 Except as provided in subsection 48 (6) or (11), where an appeal is taken against a certificate of involuntary admission, a certificate of renewal or a certificate of continuation and the time period for the certificate under subsection 20 (4) expires before a decision is rendered, the appeal shall be deemed to be abandoned whether or not the certificate is renewed. R.S.O. 1990, c. M.7, s. 40; 2015, c. 36, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 36, s. 1 - 21/12/2015

41 (1) On the hearing of an application, the Board shall promptly review the patient’s status to determine whether or not the prerequisites set out in this Act for admission as an involuntary patient continue to be met at the time of the hearing of the application. R.S.O. 1990, c. M.7, s. 41 (1); 1992, c. 32, s. 20 (6). Confirming order (2) The Board by order may confirm the patient’s status as an involuntary patient if the Board determines that the prerequisites set out in this Act for admission as an involuntary patient were met at the time of the hearing of the application. R.S.O. 1990, c. M.7, s. 41 (2); 1992, c. 32, s. 20 (6). Consideration of community treatment order (2.1) If the Board is reviewing a certificate of continuation and is advised that a physician has completed a notice of intention to issue a community treatment order for a patient, the Board shall take the notice of …

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). 2015, c. 36, s. 10. List of Board orders (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. Transfer the patient to another psychiatric facility, subject to subsections (10), (11) and (12), but only if the patient does not object. 2. Place the patient on a leave of absence for a designated period on the advice of a physician, subject to subsection (13). 3. Direct the officer in charge of the psychiatric facility to provide the patient with a different security level or different privileges within or outside the psychiatric faci…

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. 2015, c. 36, s. 10. Requirements if temporary action taken (2) If an officer in charge, or his or her delegate, takes a temporary action in accordance with subsection (1), he or she shall, (a) clearly document the action in the patient’s record of personal health information; (b) promptly give the patient a written notice informing him or her that the officer in charge, or his or her delegate, has taken the temporary action; and (c) if the temporary action exceeds a period of seven days, promptly apply to the Board in accordance with subsection 39 (9) to vary or cancel the order. 2015, c. 36, s. 10. Temporary action may continue (3) The temporary action may …

42 (1) The parties to a hearing before the Board, other than a hearing described in subsection (2), are the attending physician, the patient or other person who has required the hearing and such other persons as the Board may specify. 2015, c. 36, s. 11. Certificate of continuation hearing (2) The parties to a hearing of a patient detained under a certificate of continuation are the following: 1. The patient or other person who has required the hearing. 2. The attending physician. 3. The officer in charge of the psychiatric facility. 4. If a party to the hearing requests a transfer to another psychiatric facility, or if the Board proposes to transfer the patient to another psychiatric facility on its own motion, the officer in charge of that psychiatric facility. 5. The Minister, if the Minister has informed the Board that he or she intends to participate as a party. 6. Such other person…

43 If a patient who is less than 16 years old is a party to a proceeding before the Board under section 13 or 39 and does not have legal representation, (a) the Board may direct the Children’s Lawyer to arrange for legal representation to be provided for the patient; and (b) the patient shall be deemed to have capacity to retain and instruct counsel. 1996, c. 2, s. 72 (27). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 72 (27) - 29/03/1996

44, 45 Repealed: 1992, c. 32, s. 20 (27). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (27) - 03/04/1995

46 Repealed: 1992, c. 32, s. 20 (28). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (28) - 03/04/1995

47 (1) Repealed: R.S.O. 1990, c. M.7, s. 47 (1.2). (1.1) Repealed: R.S.O. 1990, c. M.7, s. 47 (1.2). (1.2) Spent: 1992, c. 32, s. 20 (29). (2)-(4) Repealed: 1992, c. 32, s. 20 (30). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. M.7, s. 47 (1.2) see 1992, c. 31, s. 41 (1) - 03/04/1995; 1992, c. 32, s. 20 (29) - 10/12/1992; 1992, c. 32, s. 20 (30) - 03/04/1995

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. 1996, c. 2, s. 72 (28); 2000, c. 9, s. 23 (1); 2015, c. 36, s. 12 (1). (2) Repealed: 1992, c. 32, s. 20 (32). Same (3) Section 80 of the Health Care Consent Act, 1996 applies to the appeal. 1996, c. 2, s. 72 (29). (4) Repealed: 1992, c. 32, s. 20 (33). Extension of discontinued certificate (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. R.S.O. 1990, c. M.7, s. 48 (5); 1992, c. 32, s. 20 (6); 2015, c. 36, s. 12 (2). Exte…

49 (1) Psychosurgery shall not be administered to an involuntary patient, to a person who is incapable of giving or refusing consent to psychosurgery on his or her own behalf for the purposes of the Health Care Consent Act, 1996, or to a person who is remanded or detained in a psychiatric facility pursuant to the Criminal Code (Canada). 1992, c. 32, s. 20 (39); 1996, c. 2, s. 72 (30). Same (2) Psychosurgery is any procedure that, by direct or indirect access to the brain, removes, destroys or interrupts the continuity of histologically normal brain tissue, or that inserts indwelling electrodes for pulsed electrical stimulation for the purpose of altering behaviour or treating psychiatric illness, but does not include neurological procedures used to diagnose or treat organic brain conditions, intractable physical pain or epilepsy, if these conditions are clearly demonstrable. 1992, c. 32,…

50 If a patient or another person on a patient’s behalf gives or transmits to the officer in charge an application to the Board under this or any other Act, the officer in charge shall promptly transmit the application to the Board. 1992, c. 32, s. 20 (40). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (40) - 03/04/1995; 1994, c. 27, s. 43 (2) - no effect - see 1992, c. 32, s. 20 (40) - 03/04/1995

51, 52 Repealed: 1992, c. 32, s. 20 (40). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (40) - 03/04/1995

53 (1) The use of restraint on a patient shall be clearly documented in the patient’s record of personal health information by the entry of a statement that the patient was restrained, a description of the means of restraint and a description of the behaviour of the patient that required that the patient be restrained or continue to be restrained. R.S.O. 1990, c. M.7, s. 53 (1); 2004, c. 3, Sched. A, s. 90 (18). Chemical restraint (2) Where a chemical restraint is used, the entry shall include a statement of the chemical employed, the method of administration and the dosage. R.S.O. 1990, c. M.7, s. 53 (2). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 90 (18) - 01/11/2004

PART III ESTATES

54 (1) Forthwith on a patient’s admission to a psychiatric facility, a physician shall examine him or her to determine whether the patient is capable of managing property. 1992, c. 32, s. 20 (41). Examination at other times (2) A patient’s attending physician may examine him or her at any time to determine whether the patient is capable of managing property. 1992, c. 32, s. 20 (41). Record of personal health information (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. 1992, c. 32, s. 20 (41); 2004, c. 3, Sched. A, s. 90 (19). Certificate of incapacity (4) If the physician determines that the patient is not capable of managing property, he or she shall issue a certificate of incapacity in the approved form, and the officer in charge shall transmit the certificate t…

55 When a certificate of incapacity is issued, the officer in charge shall forthwith transmit a financial statement in the approved form to the Public Guardian and Trustee. 1992, c. 32, s. 20 (41); 2000, c. 9, s. 25. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (41) - 03/04/1995 2000, c. 9, s. 25 - 01/12/2000

56 The attending physician of a patient with respect to whom a certificate of incapacity has been issued may, after examining the patient for that purpose, cancel the certificate, and the officer in charge shall transmit a notice of cancellation in the approved form to the Public Guardian and Trustee. 1992, c. 32, s. 20 (42); 2000, c. 9, s. 26. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (42) - 03/04/1995 2000, c. 9, s. 26 - 01/12/2000

57 (1) Within twenty-one days before the discharge from the psychiatric facility of a patient with respect to whom a certificate of incapacity has been issued, the attending physician shall examine him or her to determine whether the patient is capable of managing property. 1992, c. 32, s. 20 (43). Notice of continuance (2) If the attending physician determines that the patient is not capable of managing property, he or she shall issue a notice of continuance in the approved form, and the officer in charge shall transmit the notice to the Public Guardian and Trustee. 1992, c. 32, s. 20 (43); 2000, c. 9, s. 27. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (43) - 03/04/1995 2000, c. 9, s. 27 - 01/12/2000

58 When a patient in respect of whom a notice of continuance has been issued is discharged from the psychiatric facility, the officer in charge shall transmit notice of the fact to the Public Guardian and Trustee. 1992, c. 32, s. 20 (43); 2015, c. 36, s. 13. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (43) - 03/04/1995 2015, c. 36, s. 13 - 21/12/2015

59 (1) A physician who issues a certificate of incapacity or a notice of continuance shall promptly advise the patient of the fact and shall also promptly notify a rights adviser. 1992, c. 32, s. 20 (43); 2015, c. 36, s. 14 (1). Meeting with rights adviser (2) The rights adviser shall promptly meet with the patient and explain to him or her the significance of the certificate or notice and the right to have the issue of the patient’s capacity to manage property reviewed by the Board. 1992, c. 32, s. 20 (43); 2015, c. 36, s. 14 (2). Exception (3) Subsection (2) does not apply if the patient himself or herself refuses to meet with the rights adviser. 1992, c. 32, s. 20 (43). Assistance (4) At the patient’s request, the rights adviser shall assist him or her in making an application to the Board and in obtaining legal services. 1992, c. 32, s. 20 (43). Section Amendments with date in force …

60 (1) A patient in respect of whom a certificate of incapacity or a notice of continuance has been issued may apply in the approved form to have the Board review the issue of his or her capacity to manage property. 1992, c. 32, s. 20 (44); 2000, c. 9, s. 28. Procedure (2) Except that applications may be made not more frequently than once in any six-month period, section 42 of this Act and sections 73 to 80 of the Health Care Consent Act, 1996 apply to an application under subsection (1), with necessary modifications. 1996, c. 2, s. 72 (31). Patient discharged (3) If an application is commenced under this section by a patient in respect of whom a notice of continuance has been issued, the application may continue to be dealt with by the Board even after the patient is discharged from the psychiatric facility. 1996, c. 2, s. 72 (31). Section Amendments with date in force (d/m/y) 1992, c. …

61 Repealed: 1992, c. 32, s. 20 (45). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (45) - 03/04/1995

62 Repealed: 1992, c. 32, s. 20 (46). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (46) - 03/04/1995

63, 64 Repealed: 1992, c. 32, s. 20 (47). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (47) - 03/04/1995

65-71 Repealed: 1992, c. 32, s. 20 (48). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (48) - 03/04/1995

72 Repealed: 1992, c. 32, s. 20 (49). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (49) - 03/04/1995

73-76 Repealed: 1992, c. 32, s. 20 (50). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (50) - 03/04/1995

PART IV VETERANS, ETC.

77 The Lieutenant Governor in Council may authorize an agreement between the Crown in right of Ontario represented by the Minister and the Crown 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. R.S.O. 1990, c. M.7, s. 77. Section Amendments with date in force (d/m/y) CTS 6 FE 25 - 1

PART V MISCELLANEOUS

78 Repealed: 2002, c. 24, Sched. B, s. 25. Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 25 - 01/01/2004

79 No action lies against any psychiatric facility or any officer, employee or servant thereof for a tort of any patient. R.S.O. 1990, c. M.7, s. 79.

80 Every person who contravenes any provision of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $25,000. R.S.O. 1990, c. M.7, s. 80.

80.1 The Minister may establish forms and require their use and may require the use of forms approved by the Minister. 2000, c. 9, s. 29. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 29 - 01/12/2000

80.2 (1) The Minister may designate and classify psychiatric facilities, and exempt any psychiatric facility or class of psychiatric facility from the application of any provision of the regulations made under clause 81 (1) (b). 2000, c. 9, s. 29. List (2) The Minister shall maintain a list of psychiatric facilities and their classifications, and of any exemptions from the application of any provision of the regulations made under clause 81 (1) (b). 2000, c. 9, s. 29. Same (3) The list referred to in subsection (2) shall be available for public inspection from the Ministry. 2000, c. 9, s. 29. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 29 - 01/12/2000

81 (1) The Lieutenant Governor in Council may make regulations, (a) Repealed: 2000, c. 9, s. 30 (1). (b) in respect of psychiatric facilities or any class thereof, (i) providing for the creation, establishment, construction, alteration, renovation and maintenance thereof, (ii) prescribing the accommodation, facilities, equipment and services thereof, (iii) providing for the government, management, conduct, operation, use and control thereof, (iv) providing for the officers and employees and prescribing their qualifications, (v) prescribing the forms, records, books, returns and reports to be made and kept in that respect and the period for which the psychiatric facility involved shall retain each, and providing for returns, reports and information to be furnished to the Ministry; (c) prescribing additional duties of officers designated and persons appointed under subsection 9 (1); (d) Re…

82 (1) Despite subsection 20 (4), an involuntary patient may be detained, restrained, observed and examined in a psychiatric facility under a fourth or subsequent certificate of renewal for not more than three months from the date the certificate was completed if the certificate was completed and filed before December 21, 2015. 2015, c. 36, s. 16. Same (2) At the expiry of a certificate referred to in subsection (1), the attending physician may continue the patient as an involuntary patient by completing and filing a certificate of continuation, and subsection 20 (4) applies to the certificate of continuation. 2015, c. 36, s. 16. Section Amendments with date in force (d/m/y) 2015, c. 36, s. 16 - 21/12/2015

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. 2015, c. 36, s. 16. Same (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 (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. 16. Same (3) The second certificate of continuati…

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. 2015, c. 36, s. 16. Section Amendments with date in force (d/m/y) 2015, c. 36, s. 16 - 21/12/2015 ______________