Acts and Regulations

M-10 - Mental Health Act

Section 13.2
Disposition versions

Full text
Transitional provision
13.2(1)A person who is detained under the authority of this Act in a psychiatric facility on an involuntary basis immediately before the commencement of this section shall be deemed, on the commencement of this section, to have been admitted under an order made by a tribunal under section 8.1, to be the subject of an order made by a tribunal under section 8.11 authorizing the giving of routine clinical medical treatment without consent, and to be an involuntary patient for the purposes of this Act, and the provisions of this Act in relation to involuntary patients apply to such persons.
13.2(2)If a person referred to in subsection (1) has been detained in a psychiatric facility on an involuntary basis
(a) for a period of less than three months, the person shall be deemed to be detained under a first certificate of detention which shall be reviewed within one month after the commencement of this section and the detention of the person may be continued in accordance with section 13,
(b) for a period of three months or more but less than six months, the person shall be deemed to be detained under a second certificate of detention which shall be reviewed within two months after the commencement of this section and the detention of the person may be continued in accordance with section 13, and
(c) for a period of six months or more, the person shall be deemed to be detained under a third certificate of detention which shall be reviewed within three months after the commencement of this section and the detention of the person may be continued in accordance with section 13.
13.2(3)Notwithstanding subsection (2), a review shall be conducted within such shorter period of time as is necessary to ensure that a detention is reviewed before the time at which a person’s authorized period of detention would, but for subsections (1) and (2), expire.
1989, c.23, s.5