Mental Health Statute Law Amendment Act, 2015 Hoskins, Hon. Eric Minister of Health and Long-Term Care — Bill 122 (41st Parliament, 1st Session)

Bill 122, 41-1

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Bill 122, Mental Health Statute Law Amendment Act, 2015

Hoskins, Hon. Eric Minister of Health and Long-Term Care

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[41] Bill 122 Royal Assent (PDF)

Bill 122 2015

An Act to amend the

Mental Health Act and the Health Care Consent Act, 1996

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Mental Health Act

1. The

Mental Health Act is amended by striking out "a

certificate of involuntary admission or a certificate of renewal" wherever it

appears in the following provisions and substituting in each case "a certificate

of involuntary admission, a certificate of renewal or a certificate of

continuation":

1. Subsection 20 (1.1), in the portion before clause

(a).

2. Subsection 20 (5), in the portion before clause

(a).

3. Subsection 38 (1).

Section 40.

5. Subsection 48 (11), in the portion before clause

(a).

(1) The

definition of "involuntary patient" in subsection 1 (1) of the Act is amended

by striking out "under a certificate of involuntary admission or a certificate

of renewal" and substituting "under a certificate of involuntary admission, a

certificate of renewal or a certificate of continuation".

(2) Subsection 1 (1) of the Act is amended

by adding the following definition:

"registered

nurse in the extended class" means a registered nurse who holds an extended certificate

of registration under the Nursing Act, 1991 ;

("infirmière autorisée ou infirmier autorisé de la catégorie supérieure")

3. Subsection

13 (7) of the Act is amended by striking out "Subsection 39 (6)" at the

beginning and substituting "Subsection 39 (14)".

4. (1) Clause

20 (4) (

b) of the Act is repealed and the following substituted:

(

b) for

not more than,

(

i) one

additional month under a first certificate of renewal,

(ii) two additional months under a second

certificate of renewal,

(iii) three additional months under a third

certificate of renewal, and

(iv) three additional months under a first or

subsequent certificate of continuation,

(2) Subsection 20 (8) of the Act is amended

by striking out "of a certificate of involuntary admission or of a certificate of

renewal" and substituting "of a certificate of involuntary admission, a

certificate of renewal or a certificate of continuation".

5. (1) Clause 38 (2) (

d) of the

Act is repealed and the following substituted:

(

d) where

applicable, that the patient has the right to request that the Board make one

or more orders under

section 41.1.

(2) Subsection 38 (3) of the Act is

repealed and the following substituted:

Rights adviser

(3) The rights adviser shall promptly meet

with the patient and explain to him or her the significance of the certificate,

the right to have it reviewed by the Board and, where applicable, the right to

request that the Board make one or more orders under

section 41.1.

(3) Section 38 of the Act is amended by

adding the following subsections:

Requirements for certain Board

applications

(4) The officer in charge shall promptly

give the patient a copy of the application and shall also promptly notify a

rights adviser when,

(

a) the

Minister, the Deputy Minister or the officer in charge applies under subsection

39 (8) to transfer the patient to another psychiatric facility; or

(

b) the

officer in charge, or his or her delegate, applies under subsection 39 (9) to

vary or cancel an order made under

section 41.1.

Rights advice

(5) The rights adviser shall promptly meet

with the patient and explain to him or her the significance of the application.

(4) Subsection 38 (8) of the Act is amended

by striking out "Subsections (3) and (7)" at the beginning and substituting

"Subsections (3), (5) and (7)".

Section 39 of the Act is repealed and

the following substituted:

Application for review by patient,

etc.

(1) An

involuntary patient, or any person on his or her behalf, may apply to the Board

in the approved form to inquire into whether or not the prerequisites set out

in this Act for admission or continuation as an involuntary patient are met.

When application may be made

(2) In addition to the applications under

subsection (4), an application under subsection (1) may be made,

(

a) when

a certificate of involuntary admission respecting the patient comes into force;

(

b) when

any certificate of renewal respecting the patient comes into force; or

(

c) when

any certificate of continuation respecting the patient comes into force.

Application for review by Minister, etc.

(3) An application under subsection (1) may

be made at any time by the Minister, the Deputy Minister or the officer in

charge of the psychiatric facility in respect of any involuntary patient.

Where notice deemed to have been given

(4) On the completion of a patient's first

certificate of continuation and on the completion of every fourth certificate

of continuation thereafter, the patient shall be deemed to have applied to the

Board in the approved form under subsection (1) unless he or she has already

applied under clause (2) (c).

Waiver

(5) A waiver by an involuntary patient of

an application or of the right to an application mentioned in subsection (4) is

a nullity.

Application for order under

section 41.1

(6) A patient detained under a certificate

of continuation, or a person acting on the patient's behalf, may apply to the

Board in the approved form when he or she makes an application under subsection

(1), or when an application is deemed to have been made under subsection (4),

to request that the Board make one or more orders under

section 41.1.

Exception

(7) The Board shall not hear an application

under subsection (6) if the patient, or a person acting on the patient's

behalf, has made another application under subsection (6) within the previous

12 months, unless the Board is satisfied that there has been a material change in

circumstances.

Application for transfer

(8) If a patient is detained under a

certificate of continuation, the Minister, the Deputy Minister or the officer

in charge of the psychiatric facility may apply to the Board in the approved

form to request that the Board make an order under paragraph 1 of subsection

41.1 (2) to transfer the patient to another psychiatric facility.

Application to vary

or cancel an order under

section 41.1

(9) An

officer in charge, or his or her delegate, may apply to the Board in the

approved form to vary or cancel an order made under

section 41.1 and the Board

may hear the application at a date and time to be set by the Board if it is

satisfied that there has been a material change in circumstances or if the

application has been made in accordance with clause 41.2 (2) (c).

Same

(10) A

patient, or a person acting on the patient's behalf, may apply to the Board in

the approved form to vary or cancel an order made under

section 41.1 and, if

the Board is satisfied that there has been a material change in circumstances,

the Board shall hear the application when it hears the patient's next

application under subsection (1) or (4).

Board powers

(11) The

Board may vary or cancel an order made under

section 41.1 when it hears an application

under subsection (9) or (10).

Notice

(12) Upon

receiving an application made under subsection (6), (8), (9) or (10), the Board

shall promptly give notice of the application to the Minister and, if

applicable, to the officer in charge of any psychiatric facility named in the

application.

Panels of three or

five members

(13) Despite

subsection 73 (1) of the Health Care Consent Act, 1996 ,

the chair shall assign the members of the Board to sit in panels of three or

five members to hear applications under this section.

Composition and

quorum of panels

(14) The following rules apply with respect

to the composition and quorum of panels of the Board that hear applications

under this section:

1. A

three-member panel shall consist of the following:

i. For

the hearing of a patient detained under a certificate of continuation, a

psychiatrist, a lawyer and a third person who is not a psychiatrist or a

lawyer.

ii. For any other hearing,

A. a

psychiatrist, a physician, a registered nurse in the extended class or a prescribed

person,

B. a

lawyer, and

C. a

third person who is not a psychiatrist, a physician, a registered nurse in the

extended class, a lawyer or a prescribed person.

2. Despite

clause 73 (3) (

b) of the Health Care Consent Act, 1996 ,

all three members of a three-member panel are required to constitute a quorum.

3. A five-member

panel shall consist of the following:

i. For the hearing of a

patient detained under a certificate of continuation, one or two psychiatrists,

one or two lawyers, and one to three other persons who are not psychiatrists or

lawyers.

ii. For any other hearing,

A. one

or two persons who are psychiatrists, physicians, registered nurses in the

extended class or prescribed persons,

B. one

or two lawyers, and

C. one

to three other persons who are not psychiatrists, physicians, registered nurses

in the extended class, lawyers or prescribed persons.

4. Despite

clause 73 (3) (

b) of the Health Care Consent Act, 1996 ,

the following members are required to constitute a quorum of a five-member

panel:

i. For the hearing of a

patient detained under a certificate of continuation, at least one psychiatrist,

one lawyer and one person who is not a psychiatrist or a lawyer.

ii. For any other hearing,

at least one person who is a psychiatrist, a physician, a registered nurse in

the extended class or a prescribed person, one lawyer and one person who is not

a psychiatrist, a physician, a registered nurse in the extended class, a lawyer

or a prescribed person.

Procedure

(15) Clause 73 (3) (a), subsection 73

(4) and sections 74 to 80 of the Health Care Consent Act, 1996

apply to an application under this section, with necessary modifications.

7. Subsection

39.1 (10) of the Act is amended by striking out "Subsections 39 (5.1), (6) and

(7)" at the beginning and substituting "Subsections 39 (13), (14) and (15)".

Section

39.2 of the Act is repealed.

(1) Section

41 of the Act is amended by adding the following subsections:

Consideration

of community treatment order

(2.1) If the Board is reviewing a

certificate of continuation and is advised that a physician has completed a notice

of intention to issue a community treatment order for a patient, the Board

shall take the notice of intention into consideration when reviewing the

patient's status.

Same

(2.2) For greater certainty, nothing in

subsection (2.1) prevents the Board from taking into account a notice of intention

to issue a community treatment order for a patient who is not detained under a

certificate of continuation when reviewing the patient's status.

(2) Section 41 of the Act is amended by

adding the following subsection:

Rescinding

order may be effective on issuance of community treatment order

(3.1) The Board may make an order to

rescind a certificate of continuation effective on the issuance of a community

treatment order by a physician.

(3) Subsection

41 (4) of the Act is amended by striking out "the certificate of involuntary

admission or the certificate of renewal" and substituting "the certificate of

involuntary admission, the certificate of renewal or the certificate of

continuation".

10. The Act is amended

by adding the following sections:

Board orders

41.1

(1) When

the Board makes an order confirming a patient's certificate of continuation,

the Board may make an order listed in subsection (2) on its own motion or in

response to an application made under subsection 39 (6) or may make the order

requested unde

Document details

Collection	Ontario — Bills
Citation	Bill 122, 41-1
Type	bill
Volume / chapter	p41 s1 bill 122 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	784fe57f3cda43f19e25dcec6a44185a7a59f4e3

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