Order of court to detain, examine or treat a person
36(1)A medical officer of health may make an application to the court for an order under this section if a person has failed to comply with an order in respect of a Group I notifiable disease by the medical officer of health under section 33 or by the Minister under 33.2 requiring the person to do any or all of the following without delay:
(a)
isolate themselves and remain in isolation from other persons;
(b)
submit to an examination by a medical practitioner or a nurse practitioner and deliver to the medical officer of health a report by the medical practitioner or the nurse practitioner as to whether or not the person has a Group I notifiable disease or is infected with an agent of a Group I notifiable disease;
(c)
place themselves under the care and treatment of a medical practitioner or a nurse practitioner; or
(d)
conduct themselves in such a manner as not to expose another person to infection.
36(2)If the court is satisfied that a person has failed to comply with an order referred to in subsection (1), the court may order any or all of the following:
(a)
that the person be taken into custody and admitted to and detained in a hospital facility or other location or other location named in the order;
(b)
that the person be examined by a medical practitioner or a nurse practitioner to ascertain whether or not a person is infected with an agent of a Group I notifiable disease; and
(c)
that the person, if found on examination to be infected with an agent of a Group I notifiable disease, be treated for the disease.
36(3)An application under subsection (1) may be made
ex parte and where so made the court may make an interim order under subsection (2).
36(4)Where an interim order for detention is made under this section, the medical officer of health shall apply to the court for an order regarding the person who is the subject of the interim order forthwith after the person is detained and the court shall hold a hearing within seventy-two hours after such application is made.
36(5)An application heard under this section shall be heard in private, but if the person in respect of whom the application is made requests otherwise by a notice filed with the court before the day of the hearing, the court may conduct the hearing in public.
36(6)An order under this section is sufficient authority for any person to locate and apprehend the person who is the subject of the order and to deliver that person to the hospital facility or the other location named in the order.
36(7)An order under this section may be directed to any peace officer and the peace officer shall do all things reasonably able to be done to locate, apprehend and deliver the person in accordance with the order.
36(8)A person who apprehends a person who is the subject of an order under this section 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.
36(9)An order for detention under this section is sufficient authority for a period of not more than three months from the day the order is issued
(a)
to detain the person who is the subject of the order in the hospital facility or the other location named in the order, and
(b)
in the event that the person is detained in a hospital facility to care for the person and, when ordered, to examine and treat the person for the Group I notifiable disease in accordance with generally accepted medical practices.
2017, c.42, s.43; 2022, c.25, s.9