Acts and Regulations

M-10 - Mental Health Act

Full text
Release, admission as a voluntary patient or application to tribunal for an order to admit a person as an involuntary patient
8(1)An attending psychiatrist, after observing, examining and assessing a person who is the subject of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act,
(a) shall release the person from the psychiatric facility if the attending psychiatrist is of the opinion that the person is not in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility;
(b) shall admit the person as a voluntary patient if the attending psychiatrist is of the opinion that the person is in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility and is suitable for admission as a voluntary patient; or
(c) shall file an application on a form provided by the Minister with the chairman of the tribunal having jurisdiction for an order that the person be admitted to a psychiatric facility as an involuntary patient if the attending psychiatrist is of the opinion that
(i) the person suffers from a serious mental illness,
(ii) 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,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate.
8(2)Notwithstanding paragraph (1)(a), the attending psychiatrist shall not release a person who is subject to detention other than under this Act except to the custody of the authority under which the person was detained for examination.
8(3)An application referred to in paragraph (1)(c) shall be
(a) filed with the chairman of the tribunal having jurisdiction within seventy-two hours after the person is detained by the administrator under the authority of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act, and
(b) accompanied by an examination report signed by the attending psychiatrist.
8(4)An examination report on a form provided by the Minister shall
(a) state that the attending psychiatrist personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the attending psychiatrist to form the opinion that
(i) the person suffers from a serious mental illness,
(ii) 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,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate;
(b) set out the facts on which the attending psychiatrist’s opinion was formed, distinguishing between the facts observed by the attending psychiatrist and the facts communicated to the attending psychiatrist by others; and
(c) describe the nature or degree of the serious mental illness suffered by the person and set out the reasons on which the attending psychiatrist relies in forming an opinion and making a diagnosis.
8(5)An application filed with the chairman of a tribunal under this section is sufficient authority
(a) for a peace officer or any other person to take the person who is the subject of the application to the tribunal for a determination of the application,
(b) for the administrator of the psychiatric facility, without consent, to detain the person pending a determination of the application, 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 pending a determination of the application.
1969, c.13, s.8; 1976, c.12, s.1; 1989, c.23, s.5; 2014, c.19, s.4; 2017, c.4, s.1
Release, admission as a voluntary patient or application to tribunal for an order to admit a person as an involuntary patient
8(1)An attending psychiatrist, after observing, examining and assessing a person who is the subject of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act,
(a) shall release the person from the psychiatric facility if the attending psychiatrist is of the opinion that the person is not in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility;
(b) shall admit the person as a voluntary patient if the attending psychiatrist is of the opinion that the person is in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility and is suitable for admission as a voluntary patient; or
(c) shall file an application on a form provided by the Minister with the chairman of the tribunal having jurisdiction for an order that the person be admitted to a psychiatric facility as an involuntary patient if the attending psychiatrist is of the opinion that
(i) the person suffers from a mental disorder,
(ii) the person’s recent behaviour presents a substantial risk of imminent physical or psychological harm to the person or to others,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate.
8(2)Notwithstanding paragraph (1)(a), the attending psychiatrist shall not release a person who is subject to detention other than under this Act except to the custody of the authority under which the person was detained for examination.
8(3)An application referred to in paragraph (1)(c) shall be
(a) filed with the chairman of the tribunal having jurisdiction within seventy-two hours after the person is detained by the administrator under the authority of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act, and
(b) accompanied by an examination report signed by the attending psychiatrist.
8(4)An examination report on a form provided by the Minister shall
(a) state that the attending psychiatrist personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the attending psychiatrist to form the opinion that
(i) the person suffers from a mental disorder,
(ii) the person’s recent behaviour presents a substantial risk of imminent physical or psychological harm to the person or to others,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate;
(b) set out the facts on which the attending psychiatrist’s opinion was formed, distinguishing between the facts observed by the attending psychiatrist and the facts communicated to the attending psychiatrist by others; and
(c) describe the nature or degree of the mental disorder suffered by the person and set out the reasons on which the attending psychiatrist relies in forming an opinion and making a diagnosis.
8(5)An application filed with the chairman of a tribunal under this section is sufficient authority
(a) for a peace officer or any other person to take the person who is the subject of the application to the tribunal for a determination of the application,
(b) for the administrator of the psychiatric facility, without consent, to detain the person pending a determination of the application, 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 pending a determination of the application.
1969, c.13, s.8; 1976, c.12, s.1; 1989, c.23, s.5; 2014, c.19, s.4
Release, admission as a voluntary patient or application to tribunal for an order to admit a person as an involuntary patient
8(1)An attending psychiatrist, after observing, examining and assessing a person who is the subject of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act,
(a) shall release the person from the psychiatric facility if the attending psychiatrist is of the opinion that the person is not in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility;
(b) shall admit the person as a voluntary patient if the attending psychiatrist is of the opinion that the person is in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility and is suitable for admission as a voluntary patient; or
(c) shall file an application on a form provided by the Minister with the chairman of the tribunal having jurisdiction for an order that the person be admitted to a psychiatric facility as an involuntary patient if the attending psychiatrist is of the opinion that
(i) the person suffers from a mental disorder,
(ii) the person’s recent behaviour presents a substantial risk of imminent physical or psychological harm to the person or to others,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate.
8(2)Notwithstanding paragraph (1)(a), the attending psychiatrist shall not release a person who is subject to detention other than under this Act except to the custody of the authority under which the person was detained for examination.
8(3)An application referred to in paragraph (1)(c) shall be
(a) filed with the chairman of the tribunal having jurisdiction within seventy-two hours after the person is detained by the administrator under the authority of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act, and
(b) accompanied by an examination report signed by the attending psychiatrist.
8(4)An examination report on a form provided by the Minister shall
(a) state that the attending psychiatrist personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the attending psychiatrist to form the opinion that
(i) the person suffers from a mental disorder,
(ii) the person’s recent behaviour presents a substantial risk of imminent physical or psychological harm to the person or to others,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate;
(b) set out the facts on which the attending psychiatrist’s opinion was formed, distinguishing between the facts observed by the attending psychiatrist and the facts communicated to the attending psychiatrist by others; and
(c) describe the nature or degree of the mental disorder suffered by the person and set out the reasons on which the attending psychiatrist relies in forming an opinion and making a diagnosis.
8(5)An application filed with the chairman of a tribunal under this section is sufficient authority
(a) for a peace officer or any other person to take the person who is the subject of the application to the tribunal for a determination of the application,
(b) for the administrator of the psychiatric facility, without consent, to detain the person pending a determination of the application, 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 pending a determination of the application.
1969, c.13, s.8; 1976, c.12, s.1; 1989, c.23, s.5; 2014, c.19, s.4
Release, admission as a voluntary patient or application to tribunal for an order to admit a person as an involuntary patient
8(1)An attending psychiatrist, after observing, examining and assessing a person who is the subject of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act,
(a) shall release the person from the psychiatric facility if the attending psychiatrist is of the opinion that the person is not in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility;
(b) shall admit the person as a voluntary patient if the attending psychiatrist is of the opinion that the person is in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility and is suitable for admission as a voluntary patient; or
(c) shall file an application in the prescribed form with the chairman of the tribunal having jurisdiction for an order that the person be admitted to a psychiatric facility as an involuntary patient if the attending psychiatrist is of the opinion that
(i) the person suffers from a mental disorder,
(ii) the person’s recent behaviour presents a substantial risk of imminent physical or psychological harm to the person or to others,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate.
8(2)Notwithstanding paragraph (1)(a), the attending psychiatrist shall not release a person who is subject to detention other than under this Act except to the custody of the authority under which the person was detained for examination.
8(3)An application referred to in paragraph (1)(c) shall be
(a) filed with the chairman of the tribunal having jurisdiction within seventy-two hours after the person is detained by the administrator under the authority of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act, and
(b) accompanied by an examination report signed by the attending psychiatrist.
8(4)An examination report shall
(a) state that the attending psychiatrist personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the attending psychiatrist to form the opinion that
(i) the person suffers from a mental disorder,
(ii) the person’s recent behaviour presents a substantial risk of imminent physical or psychological harm to the person or to others,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate;
(b) set out the facts on which the attending psychiatrist’s opinion was formed, distinguishing between the facts observed by the attending psychiatrist and the facts communicated to the attending psychiatrist by others; and
(c) describe the nature or degree of the mental disorder suffered by the person and set out the reasons on which the attending psychiatrist relies in forming an opinion and making a diagnosis.
8(5)An application filed with the chairman of a tribunal under this section is sufficient authority
(a) for a peace officer or any other person to take the person who is the subject of the application to the tribunal for a determination of the application,
(b) for the administrator of the psychiatric facility, without consent, to detain the person pending a determination of the application, 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 pending a determination of the application.
1969, c.13, s.8; 1976, c.12, s.1; 1989, c.23, s.5