P-38.001 - Act respecting the protection of persons whose mental state presents a danger to themselves or to others

Section 7 Disposition versions

2021-01-25

7. A physician practising in such an institution may, notwithstanding the absence of consent, place a person under preventive confinement for not more than 72 hours in a facility maintained by the institution, without the authorization of the court and prior to psychiatric examination, if he is of the opinion that the mental state of the person presents a grave and immediate danger to himself or to others. A specialized nurse practitioner who practises for such an institution may also, if of that opinion, take such action.

The physician or the specialized nurse practitioner who places the person under confinement must immediately inform the director of professional services or, where there is no such director, the executive director of the institution.

On the expiry of the 72 hour period, the person must be released, unless a court has ordered an extension of the confinement for psychiatric assessment. However, if the seventy-two hour period ends on a Saturday or on a holiday, if no judge having jurisdiction in the matter is able to act and if termination of confinement presents a danger, the confinement may be extended until the expiry of the next working day.

1997, c. 75, s. 7; I.N. 2016-01-01 (NCCP); 2020, c. 6, s. 16.

2016-01-01

7. A physician practising in such an institution may, notwithstanding the absence of consent, place a person under preventive confinement for not more than 72 hours in a facility maintained by the institution, without the authorization of the court and prior to psychiatric examination, if he is of the opinion that the mental state of the person presents a grave and immediate danger to himself or to others.

The physician who places the person under confinement must immediately inform the director of professional services or, where there is no such director, the executive director of the institution.

On the expiry of the 72 hour period, the person must be released, unless a court has ordered an extension of the confinement for psychiatric assessment. However, if the seventy-two hour period ends on a Saturday or on a holiday, if no judge having jurisdiction in the matter is able to act and if termination of confinement presents a danger, the confinement may be extended until the expiry of the next working day.

1997, c. 75, s. 7; I.N. 2016-01-01 (NCCP).

1998-06-01

7. A physician practising in such an institution may, notwithstanding the absence of consent, place a person under preventive confinement for not more than 72 hours in a facility maintained by the institution, without the authorization of the court and prior to psychiatric examination, if he is of the opinion that the mental state of the person presents a grave and immediate danger to himself or to others.

The physician who places the person under confinement must immediately inform the director of professional services or, where there is no such director, the executive director of the institution.

On the expiry of the 72 hour period, the person must be released, unless a court has ordered an extension of the confinement for psychiatric assessment. However, if the seventy-two hour period ends on a Saturday or on a non-juridical day, if no judge having jurisdiction in the matter is able to act and if termination of confinement presents a danger, the confinement may be extended until the expiry of the next juridical day.

1997, c. 75, s. 7.