Consolidation Period: From December 21, 2015 to the e-Laws currency date .
Last amendment: 2015, c. 36, s. 1-16 .
1 (1) In this Act,
“attending physician” means a physician to whom responsibility for the observation, care and treatment of a patient has been assigned; (“médecin traitant”)
“Board” means the Consent and Capacity Board continued under the Health Care Consent Act, 1996; (“Commission”)
“community treatment plan” means a plan described in section 33.7 that is a required part of a community treatment order; (“plan de traitement en milieu communautaire”)
“Deputy Minister” means the deputy minister of the Minister; (“sous-ministre”)
“health practitioner” has the same meaning as in the Health Care Consent Act, 1996; (“praticien de la santé”)
“informal patient” means a person who is a patient in a psychiatric facility, having been admitted with the consent of another person under section 24 of the Health Care Consent Act, 1996; (“malade en cure facultative”)
“involuntary patient” means a person who is detained in a psychiatric facility under a certificate of involuntary admission, a certificate of renewal or a certificate of continuation; (“malade en cure obligatoire”)
“local board of health” has the same meaning as board of health in the Health Protection and Promotion Act; (“conseil local de santé”)
“medical officer of health” has the same meaning as in the Health Protection and Promotion Act; (“médecin-hygiéniste”)
“mental disorder” means any disease or disability of the mind; (“trouble mental”)
“Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council as the Lieutenant Governor in Council designates; (“ministre”)
“Ministry” means the Ministry of the Minister; (“ministère”)
“officer in charge” means the officer who is responsible for the administration and management of a psychiatric facility; (“dirigeant responsable”)
“out-patient” means a person who is registered in a psychiatric facility for observation or treatment or both, but who is not admitted as a patient and is not the subject of an application for assessment; (“malade externe”)
“patient” means a person who is under observation, care and treatment in a psychiatric facility; (“malade”)
“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)
“physician” means a legally qualified medical practitioner and, when referring to a community treatment order, means a legally qualified medical practitioner who meets the qualifications prescribed in the regulations for the issuing or renewing of a community treatment order; (“médecin”)
“plan of treatment” has the same meaning as in the Health Care Consent Act, 1996; (“plan de traitement”)
“prescribed” means prescribed by the regulations; (“prescrit”)
“psychiatric facility” means a facility for the observation, care and treatment of persons suffering from mental disorder, and designated as such by the Minister; (“établissement psychiatrique”)
“psychiatrist” means a physician who holds a specialist’s certificate in psychiatry issued by The Royal College of Physicians and Surgeons of Canada or equivalent qualification acceptable to the Minister; (“psychiatre”)
“record of personal health information”, in relation to a person, means a record of personal health information that is compiled in a psychiatric facility in respect of the person; (“dossier de renseignements personnels sur la santé”)
“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”)
“regulations” means the regulations made under this Act; (“règlements”)
“restrain” means place under control when necessary to prevent serious bodily harm to the patient or to another person by the minimal use of such force, mechanical means or chemicals as is reasonable having regard to the physical and mental condition of the patient; (“maîtriser”)
“rights adviser” means a person, or a member of a category of persons, qualified to perform the functions of a rights adviser under this Act and designated by a psychiatric facility, the Minister or by the regulations to perform those functions, but does not include,
(a) a person involved in the direct clinical care of the person to whom the rights advice is to be given, or
(b) a person providing treatment or care and supervision under a community treatment plan; (“conseiller en matière de droits”)
“senior physician” means the physician responsible for the clinical services in a psychiatric facility; (“médecin-chef”)
“substitute decision-maker”, in relation to a patient, means the person who would be authorized under the Health Care Consent Act, 1996 to give or refuse consent to a treatment on behalf of the patient, if the patient were incapable with respect to the treatment under that Act, unless the context requires otherwise; (“mandataire spécial”)
“treatment” has the same meaning as in the Health Care Consent Act, 1996. (“traitement”) R.S.O. 1990, c. M.7, s. 1; 1992, c. 32, s. 20 (1-4); 1996, c. 2, s. 72 (1, 2, 4, 5); 2000, c. 9, s. 1; 2004, c. 3, Sched. A, s. 90 (1-3); 2015, c. 36, s. 2.
Meaning of “explain”
(2) A rights adviser or other person whom this Act requires to explain a matter satisfies that requirement by explaining the matter to the best of his or her ability and in a manner that addresses the special needs of the person receiving the explanation, whether that person understands it or not. 1992, c. 32, s. 20 (5).
Section Amendments with date in force (d/m/y)
1992, c. 32, s. 20 (1-5) - 03/04/1995; 1996, c. 2, s. 72 (1, 2, 4, 5) - 29/03/1996
2000, c. 9, s. 1 (1-10) - 01/12/2000
2004, c. 3, Sched. A, s. 90 (1-3) - 01/11/2004
2015, c. 36, s. 2 (1, 2) - 21/12/2015
2 Repealed : 1992, c. 32, s. 20 (7).
Section Amendments with date in force (d/m/y)
1992, c. 32, s. 20 (7) - 03/04/1995; 1994, c. 27, s. 43 (2) - no effect - see 1992, c. 32, s. 20 (7) - 03/04/1995
3-5 Repealed : 1992, c. 32, s. 20 (7).
Section Amendments with date in force (d/m/y)
1992, c. 32, s. 20 (7) - 03/04/1995
Effect of Act on rights and privileges
6 Nothing in this Act shall be deemed to affect the rights or privileges of any person except as specifically set out in this Act. R.S.O. 1990, c. M.7, s. 6.
PART I
STANDARDS
Application of Act
7 This Act applies to every psychiatric facility. R.S.O. 1990, c. M.7, s. 7.
8 Every psychiatric facility has power to carry on its undertaking as authorized by any Act, but, where the provisions of any Act conflict with the provisions of this Act or the regulations, the provisions of this Act and the regulations prevail. R.S.O. 1990, c. M.7, s. 8.
9 (1) The Minister may designate officers of the Ministry or appoint persons who shall advise and assist medical officers of health, local boards of health, hospitals and other bodies and persons in all matters pertaining to mental health and who shall have such other duties as are assigned to them by this Act or the regulations.
(2) Any such officer or person may at any time, and shall be permitted so to do by the authorities thereat, visit and inspect any psychiatric facility, and in so doing may interview patients, examine books, records and other documents relating to patients, examine the condition of the psychiatric facility and its equipment, and inquire into the adequacy of its staff, the range of services provided and any other matter he or she considers relevant to the maintenance of standards of patient care. R.S.O. 1990, c. M.7, s. 9.
10 The Minister may pay psychiatric facilities provincial aid in such manner, in such amounts and on such conditions as he or she considers appropriate. 1997, c. 15, s. 11 (1).
Section Amendments with date in force (d/m/y)
1997, c. 15, s. 11 (1) - 10/10/1997
PART II
HOSPITALIZATION
Where admission may be refused
11 Despite this or any other Act, admission to a psychiatric facility may be refused where the immediate needs in the case of the proposed patient are such that hospitalization is not urgent or necessary. R.S.O. 1990, c. M.7, s. 11.
Admission of informal or voluntary patients
12 Any person who is believed to be in need of the observation, care and treatment provided in a psychiatric facility may be admitted thereto as an informal or voluntary patient upon the recommendation of a physician. R.S.O. 1990, c. M.7, s. 12.
Child as informal patient
13 (1) A child who is twelve years of age or older but less than sixteen years of age, who is an informal patient in a psychiatric facility and who has not so applied within the preceding three months may apply in the approved form to the Board to inquire into whether the child needs observation, care and treatment in the psychiatric facility. R.S.O. 1990, c. M.7, s. 13 (1); 1992, c. 32, s. 20 (6); 2000, c. 9, s. 2 (1).
Application deemed made
(2) Upon the completion of six months after the later of the child’s admission to the psychiatric facility as an informal patient or the child’s last application under subsection (1), the child shall be deemed to have applied to the Board in the approved form under subsection (1). R.S.O. 1990, c. M.7, s. 13 (2); 1992, c. 32, s. 20 (6); 2000, c. 9, s. 2 (2).
(3) In determining whether the child needs observation, care and treatment in the psychiatric facility, the Board shall consider,
(a) whether the child needs observation, care and treatment of a kind that the psychiatric facility can provide;
(b) whether the child’s needs can be adequately met if the child is not an informal patient in the psychiatric facility;
(c) whether there is an available alternative to the psychiatric facility in which the child’s.