Order for detention by medical officer of health
41(1)A medical officer of health may order that a person be detained if there are exigent circumstances that make it impracticable to make an application to the court for an order under section 36 and the 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.
41(2)An order for detention issued under this section is not effective unless dated and signed by the medical officer of health.
41(3)An order for detention issued under this section is valid for twenty-four hours after it is signed.
41(4)An order for detention issued 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.
41(5)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.
41(6)A person who apprehends a person who is the subject of an order for detention issued 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.
41(7)An order for detention issued under this section is sufficient authority for a period not exceeding 72 hours
(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.
41(8)A medical officer of health shall file an application for an order of the court under section 36 respecting a person who has been detained under this section forthwith after the person has been detained and the court shall hold a hearing within seventy-two hours after the application is filed.
41(9)An application filed with the court for an order under section 36 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 court for a determination of the application, and
(b)
pending a determination of the application, for the administrator or person in charge of the hospital facility or the other location named in an order made under this section
(i)
to detain the person who is the subject of the application in the hospital facility or the other location, and
(ii)
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.46; 2022, c.25, s.16