Mental Health Act

• Author: Richard D. Schneider
• Pages: 1-90

1

Chapter 1: Mental Health Act

Mental Health Act, R.S.O. 1990, c. M.7, as amended by 1992, c. 32, s. 20; 1993, c. 27,

Sched.; 1994, c. 27, s. 43 (2); 1996, c. 2, s. 72; 1997, c. 15, s. 11; 1999, c. 12, Sched. J, s. 33;

2000, c. 9, ss. 1–30; 2001, c. 9, Sched. B, s. 9; 2002, c . 24, Sched. B, s. 25; 2004, c. 3,

Sched. A, s. 90.

CONTENTS

1. Def‌i nitions

6. Effect of Act on rig hts and privileges

PART I

STANDARDS

7. Application of Act

8. Conf‌l ict

9. Advis ory off‌i cers

10. Provincial aid

PART II

HOSPITALIZATION

11. Where admission may be refused

12. Admission of informal or voluntar y patients

13. Child as informal patient

14. Informal or voluntary patient

15. Application for psychiatric assessment

16. Justice of the peace’s order for psychiatric exami nation

17. Action by police off‌i cer

18. Place of psychiatric exa mination

19. Change from informal or voluntary pat ient to involuntary patient

20. Duty of attendin g physician

21. Judge’s order for examination

22. Judge’s order for admission

23. Condition precedent to judge’s order

24. Contents of senior physician’s report

25. Detention under the Crim inal Code (Canada)

26. Communications to and from patients

27. Leave of absence

28. Unauthorized absence

2 ANNOTATED ONTARIO MENTAL HEALTH STATUTES

29. Transfer of patients from one facility to another

30. Treatment in publ ic hospital

31. Transfer of patients to institutions outside Ontario

32. Mentally disordered person comin g into Ontario

33. Duty to remain and retain c ustody

33.1 Community treatment order

33.2 Early termination of order pursu ant to request

33.3 Early termination of order for failure to comply

33.4 Early termination of order on withdrawa l of consent

33.5 A ccoun tabi lity

33.6 Protection from liability, issuing physici an

33.7 Community treatment plans

33.8 No limitation

33.9 Rev iew

34. Discharge of patients

34.1 Conf‌l ict

35. Personal health information

35.1 Consu ltatio n permitt ed

36. Patient access to clinical record

38. Notice of certif‌i cate

38.1 Notice of applic ation or order

39. Application for review by patient, etc.

39.1 Application for review by person subject to community treatment order

40. Hearing dee med abandoned

41. Review of admi ssion or renewal

42. Parties

43. Counsel for patient under 16

48. Appeal to cour t

49. Psychosurger y

50. Application to Board

53. Documentation of use of restraint

PART III

ESTATES

54. Examinat ion on admission to determine capacit y

55. Financial statement

56. Cancel lation of certif‌i cate

57. Examination before discharge to determi ne capacity

58. Notice of discharge

59. Advice to patient, notice to rights adviser

60. Application to Board for review

Mental Health Act, s . 1 3

PART IV

VETERANS, ETC.

77. Agreement with Government of Canada author ized

PART V

MISCELLANEOUS

79. Certain actions bar red

80. Offence

80.1 Forms

80.2 Power of Minister to designate

81. Regulations

Def‌i nitions

1. (1) In this Act,

“attending physician” means a physician to whom responsibil ity for the observation, care

and treatment of a patient has been assigned; (“médecin t raitant”)

“Board” means the Consent and Capacity Board continued under the Hea lth Care Consent

Act, 1996; (“Commission”)

“community treatment plan” means a plan describ ed in section 33.7 that is a required part

of a community treatment order; (“plan de tra itement en milieu communautai re”)

“Deputy Minister” mea ns the deputy minister of the Minister; (“sous-mi nistre”)

“health practitioner” has t he same meaning as in the Health Care ConsentAct, 1996;

(“praticien de la santé”)

“informal patient” means a person who is a patient in a psyc hiatric facility, having been

admitted with t he consent of another person under section 24 of the He alth Care

Consent Act, 1996; (“mal ade en cure facultative”)

“involuntary patient” means a p erson who is detained in a psychi atric facility u nder a

certif‌i cate of involu ntary admission or a cer tif‌i cate of renewal; (“malade en cure obli-

gatoire”)

“local board of health” has the same meaning as boa rd of health in the Healt h Protection

and Promotion Ac t; (“conseil local de santé”)

“medical of f‌i cer of health” has the same mean ing as in the Health Protection and Promotion

Act; (“médecin-hygiéniste”)

“mental disorder” means any disease or disabi lity of the mind; (“trouble mental”)

“Minister” means the Mi nister of Health and Long-Term Care or such other member of the

Executive Council as t he Lieutenant Governor in Council designates; (“ministre”)

“Ministry ” means the Ministry of the Minister; (“minis tère”)