Acts and Regulations

M-10 - Mental Health Act

Full text
Order to admit a person as an involuntary patient
8.1(1)If the tribunal is of the opinion on an application under section 8 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,
(d) less restrictive alternatives would be inappropriate, and
(e) the person requires hospitalization in the interests of the person’s own safety or the safety of others,
the tribunal shall in writing order that the person be admitted to a psychiatric facility as an involuntary patient.
8.1(2)An order made under subsection (1) is sufficient authority
(a) for a peace officer or any other person to take the person who is the subject of the order to a psychiatric facility,
(b) for the administrator of a psychiatric facility, without consent, to detain the person in the psychiatric facility for one month after the date of the order, and
(c) for the attending psychiatrist, without consent, to observe, examine and assess the person and, without consent, to administer such restraint as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5; 2017, c.4, s.1
Order to admit a person as an involuntary patient
8.1(1)If the tribunal is of the opinion on an application under section 8 that
(a) the person suffers from a mental disorder,
(b) the person’s recent behaviour presents a substantial risk of imminent physical or psychological harm to the person or to others,
(c) the person is not suitable for admission as a voluntary patient,
(d) less restrictive alternatives would be inappropriate, and
(e) the person requires hospitalization in the interests of the person’s own safety or the safety of others,
the tribunal shall in writing order that the person be admitted to a psychiatric facility as an involuntary patient.
8.1(2)An order made under subsection (1) is sufficient authority
(a) for a peace officer or any other person to take the person who is the subject of the order to a psychiatric facility,
(b) for the administrator of a psychiatric facility, without consent, to detain the person in the psychiatric facility for one month after the date of the order, and
(c) for the attending psychiatrist, without consent, to observe, examine and assess the person and, without consent, to administer such restraint as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5