35 (1) Upon application by a medical officer of health, a judge of the Ontario Court of Justice, in the circumstances specified in subsection (2), may make an order specified in subsection (3).  R.S.O. 1990, c. H.7, s. 35 (1); 2002, c. 18, Sched. I, s. 9 (1); 2017, c. 25, Sched. 3, s. 7. When court may make order (2) An order may be made under subsection (3) where a person has failed to comply with an order by a medical officer of health in respect of a communicable disease that is a virulent disease, (a) that the person isolate himself or herself and remain in isolation from other persons; (b) that the person submit to an examination by a physician; (c) that the person place himself or herself under the care and treatment of a physician; or (d) that the person conduct himself or herself in such a manner as not to expose another person to infection.  R.S.O. 1990, c. H.7, s. 35 (2). Contents of order (3) In an order under this section, the judge may order that the person who has failed to comply with the order of the medical officer of health, (a)   be taken into custody and be admitted to and detained in a hospital or other appropriate facility named in the order; (b) be examined by a physician to ascertain whether or not the person is infected with an agent of a virulent disease; and (c) if found on examination to be infected with an agent of a virulent disease, be treated for the disease.  R.S.O. 1990, c. H.7, s. 35 (3); 1997, c. 30, Sched. D, s. 5; 2003, c. 1, s. 15 (2). Capability of hospital or facility (4) The judge shall not name a hospital or other facility in an order under this section unless the court is satisfied that the hospital or other facility is able to provide detention, care and treatment for the person who is the subject of the order.  2003, c. 1, s. 15 (3). Delivery to hospital (5) An order under this section is authority for any person, (a) to locate and apprehend the person who is the subject of the order; (a.1) to enter any place provided for in the order, including a private residence, for the purposes of locating or apprehending the person who is the subject of the order, where the judge is satisfied based on information provided under oath, that there are reasonable and probable grounds to believe that the person will be found in the place; and (b) to deliver the person who is the subject of the order to the hospital or other facility named in the order.  R.S.O. 1990, c. H.7, s. 35 (5); 2003, c. 1, s. 15 (4); 2007, c. 10, Sched. F, s. 9 (1). Police assistance (6) An order under this section may be directed to any police force in Ontario, and the police force shall do all things reasonably able to be done to locate, apprehend and deliver the person in accordance with the order.  2007, c. 10, Sched. F, s. 9 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 35 (6) of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 4, s. 22 (2)) Care and treatment (7) An order under this section is authority to detain the person who is the subject of the order in the hospital or other facility named in the order and to care for and examine the person and to treat the person for the virulent disease in accordance with generally accepted medical practice for a period of not more than six months from and including the day that the order was issued.  R.S.O. 1990, c. H.7, s. 35 (7); 2003, c. 1, s. 15 (5); 2007, c. 10, Sched. F, s. 9 (3). Health Care Consent Act, 1996 (7.1) The Health Care Consent Act, 1996 does not apply to, (a) an examination of a person to ascertain whether he or she is infected with an agent of a virulent disease, pursuant to an order made under this section; (b) treatment of a person for a virulent disease, pursuant to an order made under this section.  1996, c. 2, s. 67 (3). Physician responsible (8) The person authorized by the by-laws of the hospital shall designate a physician to have responsibility for the care and treatment of the person named in the order or, where the by-laws do not provide the authorization, the administrator of the hospital or a person delegated by the administrator shall designate a physician to have responsibility for the care and treatment of the person named in the order.  2003, c. 1, s. 15 (6). Designation of physician (8.1) Where a person who is the subject of an order is detained in a facility other than a hospital, the administrator of the facility shall designate a physician to have responsibility for care and treatment of the person named in the order.  2003, c. 1, s. 15 (6). Reports (9) The physician responsible for a person under subsection (8) or (8.1) shall report in respect of the care and treatment of the person and their condition to the medical officer of health serving the health unit in which the hospital or other facility is located.  2003, c. 1, s. 15 (6). Idem (10) The physician shall report in the manner, at the times and with the information specified by the medical officer of health and the medical officer of health may specify the manner and times of reporting and the information that shall be reported.  R.S.O. 1990, c. H.7, s. 35 (10). Order to continue detention and treatment (11) Where, upon motion by the medical officer of health serving the health unit in which the hospital or other appropriate facility is located, a judge of the court is satisfied, (a) that the person continues to be infected with an agent of a virulent disease; and (b) that the discharge of the person from the hospital or other appropriate facility would present a significant risk to the health of the public, the judge by order may extend the period of detention and treatment for not more than six months, and upon further motions by the medical officer of health the judge may extend the period of detention and treatment for further periods each of which shall not be for more than six months.  R.S.O. 1990, c. H.7, s. 35 (11); 2003, c. 1, s. 15 (7); 2007, c. 10, Sched. F, s. 9 (4). Release and discharge from hospital or other facility (12) A person detained in accordance with an order under this section shall be released from detention and discharged from the hospital or other facility upon the certificate of the medical officer of health serving the health unit in which the hospital or other facility is located.  R.S.O. 1990, c. H.7, s. 35 (12); 2003, c. 1, s. 15 (8). Certificate of M.O.H. (13) The medical officer of health shall inform himself or herself as to the treatment and condition of the person and shall issue his or her certificate authorizing the release and discharge of the person as soon as the medical officer of health is of the opinion that the person is no longer infected with an agent of the virulent disease or that the release and discharge of the person will not present a significant risk to the health of members of the public.  R.S.O. 1990, c. H.7, s. 35 (13). Hearing of application or motion (14) An application mentioned in subsection (1) or a motion mentioned in subsection (11) shall be heard in private, but, if the person in respect of whom the application or motion is made requests otherwise by a notice filed with the clerk of the court before the day of the hearing, the judge shall conduct the hearing in public except where, (a) matters involving public security may be disclosed; or (b) the possible disclosure of intimate financial or personal matters outweighs the desirability of holding the hearing in public.  R.S.O. 1990, c. H.7, s. 35 (14). Effect on proceeding before Board (15) An application under this section applies to stay a proceeding before or an appeal from a decision or order of the Board in respect of the same matter until the application is disposed of by the judge of the Ontario Court of Justice and where the judge makes an order under this section, no person shall commence or continue a proceeding before or an appeal from a decision or order of the Board in respect of the same matter.  R.S.O. 1990, c. H.7, s. 35 (15); 2002, c. 18, Sched. I, s. 9 (2). Appeal (16) Any party to an application or motion under subsection (1) or (11) may appeal from the decision or order to the Superior Court of Justice.  R.S.O. 1990, c. H.7, s. 35 (16); 2002, c. 18, Sched. I, s. 9 (3). Stay (17) The filing of a notice of appeal does not apply to stay the decision or order appealed from unless a judge of the court to which the appeal is taken so orders.  R.S.O. 1990, c. H.7, s. 35 (17). Appeal to Court of Appeal (18) Any party to the proceeding may appeal from the judgment of the Superior Court of Justice to the Court of Appeal, with leave of a judge of the Court of Appeal on special grounds, upon any question of law alone.  R.S.O. 1990, c. H.7, s. 35 (18); 2002, c. 18, Sched. I, s. 9 (4). Grounds for leave (19) No leave for appeal shall be granted under subsection (18) unless the judge of the Court of Appeal considers that in the particular circumstances of the case it is essential in the public interest or for the due administration of justice that leave be granted.  R.S.O. 1990, c. H.7, s. 35 (19). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 67 (3) - 29/03/1996; 1997, c. 30, Sched. D, s. 5 - 01/01/1998 2002, c. 18, Sched. I, s. 9 (1-4) - 26/11/2002 2003, c. 1, s. 15 (2-8) - 05/05/2003 2007, c. 10, Sched. F, s. 9 (1-4) - 07/08/2007 2017, c. 25, Sched. 3, s. 7 - 01/05/2018 2018, c. 3, Sched. 5, s. 24 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 22 (2) - not in force