Acts and Regulations

M-10 - Mental Health Act

Full text
Issuance of and authority and duties under an examination certificate
7.1(1)A physician may issue an examination certificate on a form provided by the Minister if the physician examines a person and is of the opinion that the person
(a) may be suffering from a serious mental illness of a nature or degree so as to require hospitalization in the interests of the person’s own safety or the safety of others, and
(b) is not suitable for admission as a voluntary patient.
7.1(2)A physician who issues an examination certificate under this section shall
(a) set out in the examination certificate that the physician personally examined the person who is the subject of the examination certificate and made careful inquiry into all of the facts necessary to form an opinion as to the nature or degree of the serious mental illness of the person,
(b) set out in the examination certificate the facts upon which the physician formed an opinion as to the nature or degree of the serious mental illness,
(c) distinguish in the examination certificate between the facts observed by the physician and the facts communicated to the physician by others, and
(d) note in the examination certificate the date on which the physician examined the person who is the subject of the examination certificate.
7.1(3)An examination certificate issued under this section is not effective unless it is signed and issued by the physician within seven days after the physician examines the person who is the subject of the examination certificate.
7.1(4)An examination certificate issued under this section is sufficient authority
(a) for seven days from and including the day on which it is issued for a peace officer or any other person to take into custody the person who is the subject of the examination certificate and to take that person to a psychiatric facility for observation, examination and assessment,
(b) for the administrator of the psychiatric facility, without consent, to detain the person for a period not exceeding seventy-two hours for the purposes of observation, examination and assessment, and
(c) for the attending psychiatrist, without consent, to observe, examine and assess the person and, without consent, to give such routine clinical medical treatment and to administer such restraint as, in the attending psychiatrist’s opinion, is necessary.
7.1(5)A peace officer or other person who takes a person into custody under an examination certificate issued under this section for the purpose of taking the person to a psychiatric facility for observation, examination and assessment shall promptly
(a) inform the person of the reasons for the detention and of the person’s right to retain and instruct counsel without delay, and
(b) tell the person where the person is being taken.
7.1(6)A peace officer or other person who takes a person into custody under an examination certificate issued under this section for the purpose of taking the person to a psychiatric facility for observation, examination and assessment shall
(a) retain custody of the person until the person has been taken to a psychiatric facility, examined by a psychiatrist and detained for further observation, examination and assessment under an examination certificate issued under this section, or
(b) with the person’s consent, return the person to the person’s residence or, if that is not practicable, to the place where the person was taken into custody, if a psychiatrist advises the peace officer or other person that, in the opinion of the psychiatrist, the person does not require hospitalization for the person’s mental condition.
7.1(7)Notwithstanding subsection (6), a peace officer or other person may release a person detained in the peace officer’s or other person’s custody under an examination certificate issued under this section on the expiration of three hours after the person has been taken to a psychiatric facility.
1989, c.23, s.5; 2014, c.19, s.3; 2017, c.4, s.1
Issuance of and authority and duties under an examination certificate
7.1(1)A physician may issue an examination certificate on a form provided by the Minister if the physician examines a person and is of the opinion that the person
(a) may be suffering from a mental disorder of a nature or degree so as to require hospitalization in the interests of the person’s own safety or the safety of others, and
(b) is not suitable for admission as a voluntary patient.
7.1(2)A physician who issues an examination certificate under this section shall
(a) set out in the examination certificate that the physician personally examined the person who is the subject of the examination certificate and made careful inquiry into all of the facts necessary to form an opinion as to the nature or degree of the mental disorder of the person,
(b) set out in the examination certificate the facts upon which the physician formed an opinion as to the nature or degree of the mental disorder,
(c) distinguish in the examination certificate between the facts observed by the physician and the facts communicated to the physician by others, and
(d) note in the examination certificate the date on which the physician examined the person who is the subject of the examination certificate.
7.1(3)An examination certificate issued under this section is not effective unless it is signed and issued by the physician within seven days after the physician examines the person who is the subject of the examination certificate.
7.1(4)An examination certificate issued under this section is sufficient authority
(a) for seven days from and including the day on which it is issued for a peace officer or any other person to take into custody the person who is the subject of the examination certificate and to take that person to a psychiatric facility for observation, examination and assessment,
(b) for the administrator of the psychiatric facility, without consent, to detain the person for a period not exceeding seventy-two hours for the purposes of observation, examination and assessment, and
(c) for the attending psychiatrist, without consent, to observe, examine and assess the person and, without consent, to give such routine clinical medical treatment and to administer such restraint as, in the attending psychiatrist’s opinion, is necessary.
7.1(5)A peace officer or other person who takes a person into custody under an examination certificate issued under this section for the purpose of taking the person to a psychiatric facility for observation, examination and assessment shall promptly
(a) inform the person of the reasons for the detention and of the person’s right to retain and instruct counsel without delay, and
(b) tell the person where the person is being taken.
7.1(6)A peace officer or other person who takes a person into custody under an examination certificate issued under this section for the purpose of taking the person to a psychiatric facility for observation, examination and assessment shall
(a) retain custody of the person until the person has been taken to a psychiatric facility, examined by a psychiatrist and detained for further observation, examination and assessment under an examination certificate issued under this section, or
(b) with the person’s consent, return the person to the person’s residence or, if that is not practicable, to the place where the person was taken into custody, if a psychiatrist advises the peace officer or other person that, in the opinion of the psychiatrist, the person does not require hospitalization for the person’s mental condition.
7.1(7)Notwithstanding subsection (6), a peace officer or other person may release a person detained in the peace officer’s or other person’s custody under an examination certificate issued under this section on the expiration of three hours after the person has been taken to a psychiatric facility.
1989, c.23, s.5; 2014, c.19, s.3
Issuance of and authority and duties under an examination certificate
7.1(1)If a physician examines a person and is of the opinion that the person
(a) may be suffering from a mental disorder of a nature or degree so as to require hospitalization in the interests of the person’s own safety or the safety of others, and
(b) is not suitable for admission as a voluntary patient,
the physician may issue an examination certificate in the prescribed form.
7.1(2)A physician who issues an examination certificate under this section shall
(a) set out in the examination certificate that the physician personally examined the person who is the subject of the examination certificate and made careful inquiry into all of the facts necessary to form an opinion as to the nature or degree of the mental disorder of the person,
(b) set out in the examination certificate the facts upon which the physician formed an opinion as to the nature or degree of the mental disorder,
(c) distinguish in the examination certificate between the facts observed by the physician and the facts communicated to the physician by others, and
(d) note in the examination certificate the date on which the physician examined the person who is the subject of the examination certificate.
7.1(3)An examination certificate issued under this section is not effective unless it is signed and issued by the physician within seven days after the physician examines the person who is the subject of the examination certificate.
7.1(4)An examination certificate issued under this section is sufficient authority
(a) for seven days from and including the day on which it is issued for a peace officer or any other person to take into custody the person who is the subject of the examination certificate and to take that person to a psychiatric facility for observation, examination and assessment,
(b) for the administrator of the psychiatric facility, without consent, to detain the person for a period not exceeding seventy-two hours for the purposes of observation, examination and assessment, and
(c) for the attending psychiatrist, without consent, to observe, examine and assess the person and, without consent, to give such routine clinical medical treatment and to administer such restraint as, in the attending psychiatrist’s opinion, is necessary.
7.1(5)A peace officer or other person who takes a person into custody under an examination certificate issued under this section for the purpose of taking the person to a psychiatric facility for observation, examination and assessment shall promptly
(a) inform the person of the reasons for the detention and of the person’s right to retain and instruct counsel without delay, and
(b) tell the person where the person is being taken.
7.1(6)A peace officer or other person who takes a person into custody under an examination certificate issued under this section for the purpose of taking the person to a psychiatric facility for observation, examination and assessment shall
(a) retain custody of the person until the person has been taken to a psychiatric facility, examined by a psychiatrist and detained for further observation, examination and assessment under an examination certificate issued under this section, or
(b) with the person’s consent, return the person to the person’s residence or, if that is not practicable, to the place where the person was taken into custody, if a psychiatrist advises the peace officer or other person that, in the opinion of the psychiatrist, the person does not require hospitalization for the person’s mental condition.
7.1(7)Notwithstanding subsection (6), a peace officer or other person may release a person detained in the peace officer’s or other person’s custody under an examination certificate issued under this section on the expiration of three hours after the person has been taken to a psychiatric facility.
1989, c.23, s.5