O. Reg. 616/00: GENERAL

filed November 30, 2000 under Mental Health Act, R.S.O. 1990, c. M.7

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ONTARIO regulation 616/00

made under the

mental health act

Made: November 29, 2000
Filed: November 30, 2000

Amending Reg. 741 of R.R.O. 1990

(General)

1. Section 1 of Regulation 741 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

1. In this Regulation,

“psychiatric facility” means a facility that the Minister designates as such under section 80.2 of the Act.

2. Section 3 of the Regulation is revoked.

3. (1) Subsection 4 (1) of the Regulation is revoked and the following substituted:

(1) Unless exempted therefrom by the Minister under subsection 80.2 (1) of the Act, every psychiatric facility shall offer a program that includes the following essential services:

1. In-patient services.

2. Out-patient services.

3. Day care services.

4. Emergency services.

5. Consultative and educational services to local agencies.

(2) Subsection 4 (3) of the Regulation is revoked and the following substituted:

(3) The list of psychiatric facilities designated by the Minister, their classifications, as well as any exemption from the requirement to provide the essential services mentioned in subsection (1), is available on the Internet through the website of the Ministry of Health and Long-Term Care at www.gov.on.ca/health.

4. Section 5 of the Regulation is revoked and the following substituted:

5. The observation, care and treatment of patients of a psychiatric facility shall be under the direction and supervision of a psychiatrist except at the Woodstock General Hospital and the St. Joseph’s Care Group, Westmount St. Site, in Thunder Bay.

5. The heading immediately preceding section 7 and section 7 of the Regulation are revoked and the following substituted:

Application of Parts II and III of Act

7. The psychiatric facilities designated by the Minister as belonging to the class of facilities not required to provide in-patient services are exempt from the application of,

(a) Part II of the Act, except section 13, clause 26 (3) (b), sections 35, 36, 36.1, 36.2 and 36.3, subsections 38 (4), (5), (6), (7), (8) and (9) and subsections 48 (1) and (3); and

(b) Part III of the Act.

6. The Regulation is amended by adding the following sections:

Bringing Information Before Justice Under Section 16

7.1 For the purposes of section 16 of the Act, information on oath may be brought before a justice of the peace orally or in writing, and may include documents and other recorded materials relevant to the subject matter of the proceeding.

Taking Into Custody By Facility

7.2 (1) Where a person is taken to a psychiatric facility under section 33 of the Act, the officer in charge or his or her delegate shall ensure that a decision is made as soon as is reasonably possible as to whether or not the facility will take custody of the person.

(2) The staff member or members of the psychiatric facility responsible for making the decision shall consult with the police officer or other person who has taken the person in custody to the facility.

(3) A staff member designated for this purpose shall communicate with the police officer or other person about any delays in the making of the decision.

(4) Where a decision is made to take the person into custody, the designated staff member shall promptly inform the police officer or other person of the decision.

Community Treatment Orders

7.3 A physician is qualified to issue or renew a community treatment order if he or she is,

(a) a psychiatrist;

(b) a physician who practises in the area of mental health; or

7.4 Where a physician issues an order for examination under subsection 33.3 (1) or 33.4 (3), the physician shall ensure that the police,

(a) have complete and up-to-date information about the name, address and telephone number of the physician responsible for completing the examination required under the order and, if the information changes, shall provide the police with the changed information; and

(b) are immediately notified if the person subject to the order voluntarily attends for the examination or, for any other reason, the order is revoked prior to its expiry date.

7. Section 8 of the Regulation is revoked and the following substituted:

8. (1) Where the absence without authorization of a patient who is subject to detention in a psychiatric facility becomes known to the officer in charge, he or she shall forthwith issue an order for return in the approved form and notify the appropriate law enforcement authorities.

(2) Where the officer in charge has issued an order for return and has notified the appropriate law enforcement authorities, he or she shall notify those authorities forthwith if the patient returns or if the patient does not return and is deemed discharged from the facility under subsection 28 (4) of the Act.

8. Section 9 of the Regulation is amended by striking out “in Form 17” and substituting “in the approved form”.

9. The heading immediately preceding section 12 and section 12 of the Regulation are revoked.

10. Section 13 of the Regulation is revoked and the following substituted:

13. (1) An application under subsection 15 (1) or (1.1) of the Act shall be in Form 1.

(2) An order under subsection 16 (1) or (1.1) of the Act shall be in Form 2.

(3) A certificate of involuntary admission shall be in Form 3.

(4) A certificate of renewal shall be in Form 4.

(5) An order under subsection 21 (1) of the Act shall be in Form 6.

(6) An order under subsection 22 (1) of the Act shall be in Form 8.

(7) An order to admit a person coming into Ontario under subsection 32 (1) of the Act shall be in Form 13.

(8) A community treatment order under subsection 33.1 (2) of the Act shall be in Form 45.

(9) An order for examination under subsection 33.3 (1) or 33.4 (3) of the Act shall be in Form 47.

(10) Where the Minister approves a form and requires its use under section 80.1 of the Act, the form shall be available on the Internet through the website of the Ministry of Health and Long-Term Care at www.gov.on.ca/health.

11. The heading immediately preceding section 14 and section 14 of the Regulation are revoked and the following substituted:

Rights Advice

14. (1) The Minister shall designate one or more persons or categories of persons to perform the functions of a rights adviser under the Act in each psychiatric facility designated as an institution under the Mental Hospitals Act and may revoke such a designation.

(2) A psychiatric facility that is not an institution under the Mental Hospitals Act shall designate one or more persons or categories of persons to perform the functions of a rights adviser under the Act in the facility.

(3) A psychiatric facility acting under subsection (2) may designate a person or persons or a category of persons designated by the Minister under subsection (1) but on doing so the facility shall inform the Minister of the designation.

(4) A psychiatric facility may revoke a designation made under subsection (3).

(5) A designation or revocation by a psychiatric facility shall be made on its behalf by the officer in charge.

14.1 The Minister shall designate one or more persons or categories of persons to perform the functions of a rights adviser under the Act with respect to a person who is being considered for the issuance or renewal of a community treatment order where the person is not a patient in a psychiatric facility and may revoke such a designation.

14.2 Only persons who meet the following requirements may be designated to perform the functions of a rights adviser under the Act whether in a psychiatric facility or with respect to a person who is being considered for the issuance or renewal of a community treatment order:

1. The person must be knowledgeable about the rights to apply to the Board provided under the Act and the Health Care Consent Act, 1996;

2. The person must be knowledgeable about the workings of the Board, how to contact the Board and how to make applications to the Board.

3. The person must be knowledgeable about how to obtain legal services.

4. The person must have the communications skills necessary to perform effectively the functions of a rights adviser under the Act.

5. The person must have successfully completed a training course for rights advisers approved by the Minister and have been certified as having completed such a course.

14.3 (1) A physician who is considering issuing or renewing a community treatment order for a person under section 33.1 of the Act shall give notice of his or her intention in the approved form to the person, the person’s substitute decision-maker, if any, and to a rights adviser.

(2) A rights adviser who receives notice under subsection (1) shall promptly,

(a) provide rights advice to the person unless the person refuses the provision of rights advice;

(b) provide rights advice to the person’s substitute decision-maker, if any.

(3) The rights adviser shall explain to the person and the substitute decision-maker, if any, the requirements for the issuance or renewal of a community treatment order, the significance of such an order, including any obligations that the person or the substitute decision-maker may be required to meet under the order.

(4) Where a rights adviser who receives notice under subsection (1) believes that it is in the best interest of the person to receive rights advice from another rights adviser, he or she shall ensure that a second rights adviser provides such advice.

(5) Where a rights adviser provides rights advice to the person and the substitute decision-maker, if any, the rights adviser shall promptly provide confirmation of that fact to the physician in the approved form.

(6) Where a person refuses the provision of rights advice, the rights adviser shall promptly provide confirmation of that fact to the physician in the approved form.

12. Section 16 of the Regulation is amended by adding the following subsection:

(2) In circumstances other than those described in subsection 14.3 (5) and (6), where a rights adviser is required to explain a matter to a person under the Act, he or she shall provide confirmation that the explanation has been given to the attending physician or the officer in charge, as the case may be, in the approved form.

13. Schedules 1, 2, 3, 4 and 5 to the Regulation are revoked.

14. Forms 1 and 2 of the Regulation are revoked and the following substituted:

Form 1

Mental Health Act

APPLICATION BY PHYSICIAN FOR PSYCHIATRIC ASSESSMENT

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