Mental Health Act

AuthorRichard D. Schneider
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.
1. Def‌i nitions
6. Effect of Act on rig hts and privileges
7. Application of Act
8. Conf‌l ict
9. Advis ory off‌i cers
10. Provincial aid
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
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
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
77. Agreement with Government of Canada author ized
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-
“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”)

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