Mental Health Act (Ontario)

The main purpose of the legislation is to regulate the involuntary admission of people into a psychiatric hospital.

The following are three common ways that a person may be involuntarily admitted to a psychiatric facility (unit) in Ontario for a 72-hour observation period: When a person is acting in a disorderly manner, the Act allows the police to take someone already in custody to a designated psychiatric facility for examination by a physician if they believe that the person is an immediate danger to themself, an immediate danger to others, or not able to care for themselves to an extent that physical impairment will result.

The officer must believe, implicitly, that the immediate nature of the threat precludes the use of section 16 (Bringing Information before a justice of the peace).

[3] A justice of the peace, in making a determination as to whether there is reasonable cause to believe that someone is apparently suffering from a mental disorder of the sort described in section 16, is performing a judicial function and, as such, is not a compellable witness where summonsed to testify at a coroner's inquest.

[6] The physician fills out a Form 1 authorizing the police to bring the person in for a psychiatric assessment.

At the end of the two weeks, if the facility is to continue to keep the patient on an involuntary basis, a certificate of renewal (Form 4) must be filled out.

[18] If the patient or physician disagrees with the Board's decision, they may appeal to the Ontario Superior Court of Justice.

[21] By removing barriers to communication between members of the health care team, appropriate interventions can be quickly applied when the person is at risk.