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. (4) When a physician renews a community treatment order for the second time and on the occasion of every second renewal thereafter, he or she shall give notice of the renewal to the Board in the approved form. 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. (b) the patient shall be deemed to have capacity to retain and instruct counsel. 2015, c. 36, s. 11. A five-member panel shall consist of the following: i. Any conditions relating to the treatment or care and supervision of the person. Change from informal or voluntary patient to involuntary patient. It governs the admission process, the different categories of patient admission, as well as directives around assessment, care and treatment. 2015, c. 36, s. 6. (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. 1990, c. M.7, s. 20 (2). (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 MH12614 Form 2.1 - Cancellation of Admission Certificate or Renewal Certificate. Examination before discharge to determine capacity. 47 (1) Repealed: R.S.O. 2004, c. 3, Sched. This statute is current to 2019-12-08 according to the, 3. between May 18, 2010 and Dec 20, 2015 (past), 2. between Nov 1, 2004 and May 17, 2010 (past), 1. between Jan 1, 2004 and Oct 31, 2004 (past), Personal Health Information Protection Act, 2004. 3. 2015, c. 36, s. 5 (2). (4) An order of the Board confirming or rescinding a certificate applies to the certificate of involuntary admission, the certificate of renewal or the certificate of continuation in force immediately before the making of the order. (c) an attempt has been made to transfer the patient under section 29. A, s. 90 (7). (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. 1990, c. M.7, s. 26 (1). 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. A, s. 90 (8). 2015, c. 36, s. 16. (c) the person should be released without being subject to a community treatment order. 1990, c. M.7, s. 28 (3). R.S.O. R.S.O. and that it would be dangerous to proceed under section 16, the police officer may take the person in custody to an appropriate place for examination by a physician. The Ontario Disability Support Program (ODSP) is a type of social assistance available to you if you have a disability. 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. (16)-(18) Repealed: 1992, c. 32, s. 20 (38). (iv) prescribing obligations in relation to the provision of information about designations and revocations that have been made; (h.1) designating persons or categories of persons as rights advisers and prescribing the qualifications or requirements that a person must meet before he or she may provide rights advice pursuant to clause 33.1 (4) (e); (h.2) requiring that a physician who determines that a patient is incapable of consenting to the collection, use or disclosure of personal health information promptly, (i) give the patient a written notice that sets out the advice that the regulation specifies with respect to the patient’s rights, and. 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. 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. 2000, c. 9, s. 29. Same, other persons involved in treatment. Updated July 2020 Page 1 of 2 . (c) when any certificate of continuation respecting the patient comes into force. (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. (4) All persons named in a community treatment plan, including the person subject to the plan and the person’s substitute decision-maker, if any, are responsible for implementing the plan to the extent indicated in it. 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. R.S.O. (3) The second certificate of continuation of a patient referred to in subsection (2) shall be deemed to be the patient’s first certificate of continuation for the purposes of subsection 39 (4), and, for greater certainty, the patient shall be deemed to have applied under subsection 39 (4) on the completion of that certificate of continuation and on the completion of every fourth certificate of continuation thereafter. 1990, c. M.7, s. 13 (3); 1992, c. 32, s. 20 (6). 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. 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. (12) 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. (6) Where the disclosure, transmittal or examination of a record of personal health information is required by a summons, order, direction, notice or similar requirement in respect of a matter in issue or that may be in issue in a court of competent jurisdiction or under any Act and the attending physician states in writing that he or she is of the opinion that the disclosure, transmittal or examination of the record of personal health information or of a specified part of the record of personal health information, (a) is likely to result in harm to the treatment or recovery of the patient; or, (i) injury to the mental condition of a third person, or. the justice of the peace may issue an order in the prescribed form for the examination of the person by a physician. (b) may not make an application under subsection 39 (6) until he or she has been issued a second certificate of continuation. If, for the renewal of the order, the Public Guardian and Trustee is the substitute decision-maker for the person subject to the order. (5) The rights adviser shall promptly meet with the patient and explain to him or her the significance of the application. (f) the person or his or her substitute decision-maker consents to the community treatment plan in accordance with the rules for consent under the Health Care Consent Act, 1996. (2) A rights adviser or other person whom this Act requires to explain a matter satisfies that requirement by explaining the matter to the best of his or her ability and in a manner that addresses the special needs of the person receiving the explanation, whether that person understands it or not. R.S.O. 2000, c. 9, s. 22. R.S.O. (c) has shown or is showing a lack of competence to care for himself or herself. Return of clinical record to officer in charge. 1990, c. M.7, s. 13 (5). 1992, c. 32, s. 20 (41); 2000, c. 9, s. 24. (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. (8) Where a clinical record is required pursuant to subsection (5) or (6), the clerk of the court or body in which the clinical record is admitted in evidence or, if not so admitted, the person to whom the clinical record is transmitted shall return the clinical record to the officer in charge forthwith after the determination of the matter in issue in respect of which the clinical record was required. Form 2 . 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. Such other persons as the Board may specify. 2000, c. 9, s. 5. (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. 1996, c. 2, Sched. In Toronto, TTY 416-327-4282 Hours of operation : 8:30am - 5:00pm. (a) for the next period of time provided for renewal of the certificate under subsection 20 (4) or any shorter period set by the court; (c) until the party appealing withdraws the appeal; or. (c) a member of the Assembly. (iv) providing for the officers and employees and prescribing their qualifications. (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. 2000, c. 9, s. 15. 1992, c. 32, s. 20 (24); 2004, c. 3, Sched. 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. The reasons that community treatment orders were or were not used during the review period. 6. R.S.O. 2015, c. 36, s. 16. (3.1) The Board may make an order to rescind a certificate of continuation effective on the issuance of a community treatment order by a physician. (11) Where an appeal is taken from a decision of the Board to confirm a certificate of involuntary admission, a certificate of renewal or a certificate of continuation, the certificate is effective until. (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. 2000, c. 9, s. 15. 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. A, s. 90 (17); 2015, c. 36, s. 5 (4). 1992, c. 32, s. 20 (41). 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. (c) notify the persons referred to in clauses 33.1 (10) (b), (c) and (d) that the community treatment order has been terminated. (a) the date of the examination referred to in clause (4) (c); (b) the facts on which the physician formed the opinion referred to in clause (4) (c); (c) a description of the community treatment plan referred to in clause (4) (b); and. 2000, c. 9, s. 15. (i) the person is suffering from mental disorder such that he or she needs continuing treatment or care and continuing supervision while living in the community. (5) The attending physician shall complete a certificate of involuntary admission, a certificate of renewal or a certificate of continuation if, after examining the patient, he or she is of the opinion both. (5) Nothing in this section prevents a physician from completing a certificate of involuntary admission in respect of the child. that is completed and filed with the officer in charge by the attending physician. Form 2 (Order of Examination s. 16 of the Mental Health Act), Canadian Mental Health Association (2012) 7 This Act applies to every psychiatric facility. (3) A review must be completed every five years after the first review is completed. R.S.O. 2000, c. 9, s. 22. 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. 2000, c. 9, s. 15. 2000, c. 9, s. 15. (8) The person who is being considered for a community treatment order, or who is subject to such an order, and that person’s substitute decision-maker, if any, have a right to retain and instruct counsel and to be informed of that right. R.S.O. R.S.O. (5) Subject to subsections (6) and (7), the officer in charge or a person designated in writing by the officer in charge shall disclose, transmit or permit the examination of a record of personal health information pursuant to a summons, order, direction, notice or similar requirement in respect of a matter in issue or that may be in issue in a court of competent jurisdiction or under any Act. Form 13: Option 2: Notification to Involuntary Patient of Rights Under the Mental Health Act (Print PDF, 60KB) 3514. (f) serious physical impairment of the person. They include quality and safety notifications forms, statutory forms and clinical practice forms. 1992, c. 32, s. 20 (24). (c) is apparently 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; and. (7) The substitute decision-maker who, in good faith, uses his or her best efforts to ensure the person’s compliance and believes, on reasonable grounds, that the person is in compliance is not liable for any default or neglect of the person in complying. B, s. 9. ii. Agreement with Government of Canada authorized. 2015, c. 36, s. 6. (ii) prescribing who may make designations and revocations on behalf of a psychiatric facility, (iii) prescribing qualifications or requirements that a person must meet before he or she may be designated by a psychiatric facility and qualifications or requirements that a person must meet before he or she may be designated by the Minister, and. (a) where the patient is mentally capable within the meaning of the Personal Health Information Protection Act, 2004, with the patient’s consent; (b) where the patient is not mentally capable, with the consent of the patient’s substitute decision-maker within the meaning of the Personal Health Information Protection Act, 2004; or. (2) Where a chemical restraint is used, the entry shall include a statement of the chemical employed, the method of administration and the dosage. (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. “treatment” has the same meaning as in the Health Care Consent Act, 1996. (b) has shown clinical improvement as a result of the treatment. (5) The physician shall promptly examine the person to determine whether. The PPAO supports and protects the rights of persons with mental illness in Ontario. 2015, c. 36, s. 16. 2000, c. 9, s. 15. (4) An order under this section shall not direct or require a physician to provide any psychiatric or other treatment to the patient or direct or require that the patient submit to such treatment. 1992, c. 32, s. 20 (39); 1996, c. 2, s. 72 (30). (a) a physician who is considering issuing or renewing, or who has issued or renewed, a community treatment order under section 33.1; (b) a physician appointed under subsection 33.5 (2); (c) another person named in the person’s community treatment plan as being involved in the person’s treatment or care and supervision upon the written request of the physician or other named person; or. 2000, c. 9, s. 29. 2. (3) Subsection (2) does not apply if the patient himself or herself refuses to meet with the rights adviser. (9) An officer in charge, or his or her delegate, may apply to the Board in the approved form to vary or cancel an order made under section 41.1 and the Board may hear the application at a date and time to be set by the Board if it is satisfied that there has been a material change in circumstances or if the application has been made in accordance with clause 41.2 (2) (c). 2015, c. 36, s. 6. A, s. 90 (8). (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. We have issued various forms under provisions in the Mental Health Act 2001 and associated rules and codes of practice. F-2975 (1-2019) Page 1 of 2 Referral Date: DD / MM / YYYY / 76 Grenville Street Toronto, Ontario M5S 1B2 Tel: 416-323-6230 Fax: 416-323-6356 MENTAL HEALTH REFERRAL FORM 1990, c. M.7, s. 35 (8). 2000, c. 9, s. 22. Form 2 Order for Examination under Section 16 •Allows the police to bring a person to an appropriate place for psychiatric assessment •Patient must be assessed upon arrival, and either: •placed on Form 1 •admitted as a voluntary patient •allowed to leave without admission A, s. 90 (4). (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. 33.9 (1) The Minister shall establish a process to review the following matters: 1. (7) An involuntary patient whose authorized period of detention has not expired may be continued as an informal or voluntary patient upon completion of the approved form by the attending physician. A Form 2 authorizes the detention of a person just long enough for a doctor to make an initial examination and decide if a Form 1 is appropriate, Introduction to Ontario's Mental Health Laws, Psychiatric Patient Advocate Office (PPAO), Law Commission of Ontario: III. 3. R.S.O. R.S.O. (a) that the patient is suffering from mental disorder of a nature or quality that likely will result in, (ii) serious bodily harm to another person, or. (4) An order for examination issued under subsection (3) is sufficient authority, for 30 days after it is issued, for a police officer to take the person named in it into custody and then promptly to the physician who issued the order. Introduction 1-1 2. 28 • Voluntary Patients 29 • Informal Patients 31 3. 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. 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. R.S.O. Capacity and Informed Consent to Treatment (Ontario). A, s. 90 (13). 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. 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. People living in B.C. (6) An involuntary patient whose authorized period of detention has expired shall be deemed to be an informal or voluntary patient. 17, s. 3; 2015, c. 36, s. 5 (1). 2015, c. 36, s. 5 (3). (2.2) For greater certainty, nothing in subsection (2.1) prevents the Board from taking into account a notice of intention to issue a community treatment order for a patient who is not detained under a certificate of continuation when reviewing the patient’s status. 1992, c. 32, s. 20 (41); 2000, c. 9, s. 25. 1990, c. M.7, s. 35 (5); 2004, c. 3, Sched.