Review, continuation and expiration of detention as an involuntary patient
13(1)The detention of a person admitted to a psychiatric facility as an involuntary patient shall be reviewed in accordance with the provisions of this Act and, subject to subsections (2) and (3), the period of detention of an involuntary patient may be continued on the completion of a certificate of detention on a form provided by the Minister
(a)
in the case of a first certificate of detention, by the attending psychiatrist on personal examination,
(b)
in the case of a second certificate of detention, by two psychiatrists, one being the attending psychiatrist, on personal examination, or
(c)
in the case of a third or subsequent certificate of detention, by a review board on the recommendation of the attending psychiatrist.
13(2)A psychiatrist shall not complete a certificate of detention or recommend continued detention to a review board unless the psychiatrist is of the opinion that
(a)
the person suffers from a serious mental illness,
(b)
the person’s recent behaviour demonstrates that, because of the serious mental illness, the person is likely to cause serious harm to himself or herself or to another person or to suffer substantial mental or physical deterioration,
(c)
the person is not suitable for admission as a voluntary patient, and
(d)
less restrictive alternatives would be inappropriate.
13(3)An attending psychiatrist who intends to recommend continued detention to a review board shall file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for a certificate of detention.
13(4)A certificate of detention is sufficient authority to detain an involuntary patient as follows:
(a)
a first certificate of detention may continue the detention period for not more than one month after the authorized period of detention under an order made by a tribunal under section 8.1,
(b)
a second certificate of detention may continue the detention period for not more than two months after the date of expiration of the first certificate of detention, and
(c)
a third or subsequent certificate of detention may continue the detention period for not more than three months after the date of expiration of the last certificate issued.
13(5)If a first or second certificate of detention is completed under this section, the attending psychiatrist shall inform the involuntary patient of the completion of the certificate of detention and of the right of the patient, or of any person acting on behalf of the patient, to file an application under section 31 with the chairman of the review board having jurisdiction.
13(6)If a first or second certificate of detention is completed under this section, the administrator shall in writing notify the involuntary patient’s nearest relative of the completion of the certificate of detention and of the right of the patient, or of any person acting on behalf of the patient, to file an application under section 31 with the chairman of the review board having jurisdiction.
13(7)A person who is detained under a certificate of detention continues to be an involuntary patient for the purposes of this Act, and the provisions of this Act in relation to involuntary patients apply to a person so detained.
13(8)When the authorized period of detention of an involuntary patient has expired, the involuntary patient shall be deemed to be a voluntary patient, and the administrator shall in writing notify the patient and the patient’s nearest relative that
(a)
the patient has become a voluntary patient, and
(b)
the patient has a right to leave the psychiatric facility.
13(9)An involuntary patient whose authorized period of detention has not expired may be continued as a voluntary patient upon completion of a form provided by the Minister by the attending psychiatrist, and the administrator shall in writing notify the patient and the patient’s nearest relative that
(a)
the patient has become a voluntary patient, and
(b)
the patient has a right to leave the psychiatric facility.
13(10)When the authorized period of detention of an involuntary patient has expired, or when an involuntary patient is continued as a voluntary patient, all authorities and responsibilities in relation to detention, observation, examination, assessment, restraint, treatment and care that were associated with the patient’s involuntary status are terminated.
1969, c.13, s.13; 1976, c.12, s.2; 1989, c.23, s.5; 2014, c.19, s.10; 2017, c.4, s.1