Order to admit a voluntary patient as an involuntary patient
12(1)An attending psychiatrist shall file an application on a form provided by the Minister with the chairman of the tribunal having jurisdiction for an order that a voluntary patient be admitted to a psychiatric facility as an involuntary patient, and in any such case paragraph 8(3)(
b), subsections 8(4) and (5) and sections 8.01, 8.1 and 8.11 apply with the necessary modifications, if the attending psychiatrist is of the opinion that
(a)
the voluntary patient in a psychiatric facility suffers from a serious mental illness,
(b)
the voluntary patient’s recent behaviour demonstrates that, because of the serious mental illness, the patient is likely to cause serious harm to himself or herself or to another person or to suffer substantial mental or physical deterioration,
(c)
the voluntary patient is not suitable to be continued as a voluntary patient, and
(d)
less restrictive measures would be inappropriate.
12(2)An attending psychiatrist who files an application with the chairman of a tribunal under subsection (1) shall inform the patient of the reasons for the application and of the patient’s right to retain and instruct counsel without delay.
12(3)If an application is filed with the chairman of a tribunal under subsection (1) the administrator shall in writing notify the patient’s nearest relative of the application and of the patient’s right to retain and instruct counsel without delay.
1969, c.13, s.12; 1989, c.23, s.5; 2014, c.19, s.9; 2017, c.4, s.1