48 (1) A party to a proceeding under this Act before the Board may appeal the Board’s decision or order to the Superior Court of Justice on a question of law or fact or both.  1996, c. 2, s. 72 (28); 2000, c. 9, s. 23 (1); 2015, c. 36, s. 12 (1). (2) Repealed:  1992, c. 32, s. 20 (32). Same (3) Section 80 of the Health Care Consent Act, 1996 applies to the appeal.  1996, c. 2, s. 72 (29). (4) Repealed:  1992, c. 32, s. 20 (33). Extension of discontinued certificate (5) Where an appeal is taken against a decision by the Board to discontinue a certificate of involuntary admission, a certificate of renewal, a certificate of continuation or an extension of a certificate, the certificate shall continue in effect for a period of three clear days excluding Saturday and holidays, following the decision of the Board.  R.S.O. 1990, c. M.7, s. 48 (5); 1992, c. 32, s. 20 (6); 2015, c. 36, s. 12 (2). Extension of certificate for appeal (6) Where, before a certificate of involuntary admission, a certificate of renewal, a certificate of continuation or an extension of a certificate expires, a party to the appeal other than the patient or the person acting on the patient’s behalf makes a motion to the court for an extension of the certificate beyond the time period for the certificate under subsection 20 (4), the court may by order extend the effectiveness of the certificate.  R.S.O. 1990, c. M.7, s. 48 (6); 1992, c. 32, s. 20 (34); 1993, c. 27, Sched.; 2015, c. 36, s. 12 (3). Authority of extension (7) An extension of a certificate under subsection (6) is effective, (a) for the next period of time provided for renewal of the certificate under subsection 20 (4) or any shorter period set by the court; (b) until the certificate is rescinded; (c) until the party appealing withdraws the appeal; or (d) until the attending physician confirms under subsection (12) that the patient does not meet the criteria set out in subsection 20 (1.1) or (5), whichever first occurs.  R.S.O. 1990, c. M.7, s. 48 (7); 1999, c. 12, Sched. J, s. 33; 2000, c. 9, s. 23 (2). Renewal of certificate (8) Subject to subsection 20 (1.1) and (5), when a patient or a person acting on the patient’s behalf withdraws an appeal, a physician may complete and file a renewal of the certificate of involuntary admission, the certificate of renewal or the certificate of continuation that was under appeal.  R.S.O. 1990, c. M.7, s. 48 (8); 2000, c. 9, s. 23 (3); 2015, c. 36, s. 12 (4). Authority of certificate (9) A renewal of a certificate of involuntary admission, a certificate of renewal or a certificate of continuation under subsection (8) is effective for the next period of time provided for under subsection 20 (4).  R.S.O. 1990, c. M.7, s. 48 (9); 2015, c. 36, s. 12 (5). Evidence for extension (10) The court shall not grant an extension of the certificate under subsection (6) to a party other than the patient or the person acting on the patient’s behalf unless the court is satisfied that there are reasonable and probable grounds to believe that the patient’s condition would justify the completion and filing of a certificate of renewal or a certificate of continuation.  R.S.O. 1990, c. M.7, s. 48 (10); 2015, c. 36, s. 12 (6). Effectiveness of certificate (11) Where an appeal is taken from a decision of the Board to confirm a certificate of involuntary admission, a certificate of renewal or a certificate of continuation, the certificate is effective until, (a) the certificate is confirmed or rescinded by the court; (b) the certificate is rescinded by the attending physician; (c) forty-eight hours after notice is given to the attending physician that the party appealing has withdrawn the appeal; or (d) the attending physician confirms under subsection (12) that the patient does not meet the criteria set out in subsection 20 (1.1) or (5).  R.S.O. 1990, c. M.7, s. 48 (11); 1992, c. 32, s. 20 (6); 2000, c. 9, s. 23 (4); 2015, c. 36, s. 1. Examination (12) Despite subsections (1) to (10), the attending physician shall examine the patient at the intervals that would have applied under section 20 and shall complete and file with the officer in charge a statement in writing as to whether or not the patient meets the criteria set out in subsection 20 (1.1) or (5).  R.S.O. 1990, c. M.7, s. 48 (12); 2000, c. 9, s. 23 (5). (13) Repealed: 2015, c. 36, s. 12 (7). (14) Repealed:  1992, c. 32, s. 20 (36). (15) Repealed:  1992, c. 32, s. 20 (37). (16)-(18) Repealed:  1992, c. 32, s. 20 (38). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (6, 32-38) - 03/04/1995; 1993, c. 27, Sched. - 31/12/1991; 1996, c. 2, s. 72 (28, 29) - 29/03/1996; 1999, c. 12, Sched. J, s. 33 - 01/05/2000 2000, c. 9, s. 23 (1-5)
- 01/12/2000 2010, c. 1, Sched. 17, s. 5 - 18/05/2010 2015, c. 36, s. 1, 12 (1-7)
- 21/12/2015