39 (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. 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. 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). 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. 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). 2015, c. 36, s. 6. 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). 2015, c. 36, s. 6. 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). 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. 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. 2015, c. 36, s. 6. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (25) - 03/04/1995; 1996, c. 2, s. 72 (24-26) - 29/03/1996 2000, c. 9, s. 21 (1-3)
- 01/12/2000 2015, c. 36, s. 6
- 21/12/2015