Mental Health Act, R.S.B.C. 1996, c. 288, as am.

Definition of mental disorder

"person with a mental disorder" means a person who has a disorder of the mind that requires treatment and seriously impairs the person's ability

(a) to react appropriately to the person's environment, or

(b) to associate with others;

Involuntary Admission Criteria

s. 22(3)(a) a statement by the physician that the physician

(ii) is of the opinion that the person or patient is a person with a mental disorder [and]

(c) a statement, separate from that under paragraph (a), by the physician that the physician is of the opinion that the person to be admitted, or the patient admitted, under subsection (1)

(i) requires treatment in or through a designated facility,

(ii) requires care, supervision and control in or through a designated facility to prevent the person’s or patient’s substantial mental or physical deterioration or for the protection of the person or patient or the protection of others, and

(iii) cannot be suitably admitted as a voluntary patient.

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Weeks waited from referral by GP to treatment by province, 2008

8 weeks from GP to specialist, 8.3 weeks from specialist to treatment

National Average: 7.9 weeks from GP to specialist, 10.7 weeks from specialist to treatment

Median patient wait in weeks for treatment after appointment with specialist, 2008

Treatments	Actual	“Reasonable”	National
To start brief psychotherapy	5.3	4	7.8
To start long-term psychotherapy	7	4	12.2
To start course of pharmacology	4	2	4.2
To start couple/marital therapy	6	4	7.8
To start cognitive behaviour therapy	6	4	9.9
Access day program	5	3	6.6
Access eating disorders program	16	4	13.4
Access housing program	18	4	21.3
Access evening program	6	4	9.5
Access sleep disorders program	12	4	15.7
Access assertive community treatment	5	2	8.3

* "Reasonable" are medians of physicians' estimates of clinically reasonable lengths of time to wait for treatment after appointment with a specialist

Source: National Psychiatry Waiting List Survey 2008 (Fraser Institute)

British Columbia - Mental Health Resources

Mental Health Act, S.A. 1988, M-13.1, as am.

Definition of mental disorder

s. 1(g) "mental disorder" means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs

(i) judgment,

(ii) behaviour,

(iii) capacity to recognize reality, or

(iv) ability to meet the ordinary demands of life;

Involuntary Admission Criteria

Note: these are criteria as of Nov. 20, 2008, but Act has been changed and new criteria are expected to come into effect next year

s.2 When a physician examines a person and is of the opinion that the person is

(a) suffering from mental disorder,

(b) in a condition presenting or likely to present a danger to the person or others, and

(c) unsuitable for admission to a facility other than as a formal patient

New Criteria

s.2 When a physician examines a person and is of the opinion that the person is

(a) suffering from mental disorder,

(b) likely to cause harm to the person or others or to suffer substantial mental or physical deterioration or serious physical impairment, and

(c) unsuitable for admission to a facility other than as a formal patient

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Weeks waited from referral by GP to treatment by province, 2008

12 weeks from GP to specialist, 17.8 weeks from specialist to treatment

National Average: 7.9 weeks from GP to specialist, 10.7 weeks from specialist to treatment

Median patient wait in weeks for treatment after appointment with specialist, 2008

Treatments	Actual	“Reasonable”	National
To start brief psychotherapy	10	4	7.8
To start long-term psychotherapy	15	6	12.2
To start course of pharmacology	4.3	2	4.2
To start couple/marital therapy	6	4	7.8
To start cognitive behaviour therapy	8	4	9.9
Access day program	12	4	6.6
Access eating disorders program	18	4	13.4
Access housing program	52	4	21.3
Access evening program	12	4	9.5
Access sleep disorders program	52	4	15.7
Access assertive community treatment	6	2	8.3

* "Reasonable" are medians of physicians' estimates of clinically reasonable lengths of time to wait for treatment after appointment with a specialist

Source: National Psychiatry Waiting List Survey 2008 (Fraser Institute)

Alberta - Mental Health Resources

Mental Health and Consequential Amendments Act, S.M. 1998, c, 36, as am.

Definition of mental disorder

s. 1 "mental disorder" means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognize reality or ability to meet the ordinary demands of life, but does not include a disorder due exclusively to a mental disability as defined in The Vulnerable Persons Living with a Mental Disability Act;

Involuntary Admission Criteria

17(1) the psychiatrist may admit the person to the facility as an involuntary patient if he or she is of the opinion that the person

(a) is suffering from a mental disorder;

(b) because of the mental disorder,

(i) is likely to cause serious harm to himself or herself or to another person, or to suffer substantial mental or physical deterioration if not detained in a facility, and

(ii) needs continuing treatment that can reasonably be provided only in a facility; and

(c) cannot be admitted as a voluntary patient because he or she refuses or is not mentally competent to consent to a voluntary admission.

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Weeks waited from referral by GP to treatment by province, 2008

4.5 weeks from GP to specialist, 11.3 from specialist to treatment

National Average: 7.9 weeks from GP to specialist, 10.7 weeks from specialist to treatment

Median patient wait in weeks for treatment after appointment with specialist, 2008

Treatments	Actual	“Reasonable”	National
To start brief psychotherapy	5	4	7.8
To start long-term psychotherapy	12	8	12.2
To start course of pharmacology	4	2	4.2
To start couple/marital therapy	6.5	3	7.8
To start cognitive behaviour therapy	8	4	9.9
Access day program	10	6	6.6
Access eating disorders program	11	5	13.4
Access housing program	15	3.5	21.3
Access evening program	23	4.8	9.5
Access sleep disorders program	25	3.3	15.7
Access assertive community treatment	5	10	8.3

* "Reasonable" are medians of physicians' estimates of clinically reasonable lengths of time to wait for treatment after appointment with a specialist

Source: National Psychiatry Waiting List Survey 2008 (Fraser Institute)

Manitoba - Mental Health Resources

Mental Health Act, R.S.O. 1990, c. M.7, as am.

Definition of mental disorder

s. 1(1) "mental disorder" means any disease or disability of the mind;

Involuntary Admission Criteria

s. 20(1)(c) if the attending physician is of the opinion that the conditions set out in subsection (1.1) or (5) are met.

(1.1) The attending physician shall complete a certificate of involuntary admission or a certificate of renewal if, after examining the patient, he or she is of the opinion that the patient,

(a) has previously received treatment for mental disorder of an ongoing or recurring nature that, when not treated, is of a nature or quality that likely will result in serious bodily harm to the person or to another person or substantial mental or physical deterioration of the person or serious physical impairment of the person;

(b) has shown clinical improvement as a result of the treatment;

(c) is suffering from the same mental disorder as the one for which he or she previously received treatment or from a mental disorder that is similar to the previous one;

(d) given the person’s history of mental disorder and current mental or physical condition, is likely to cause serious bodily harm to himself or herself or to another person or is likely to suffer substantial mental or physical deterioration or serious physical impairment;

(e) has been found incapable, within the meaning of the Health Care Consent Act, 1996, of consenting to his or her treatment in a psychiatric facility and the consent of his or her substitute decision-maker has been obtained; and

(f) is not suitable for admission or continuation as an informal or voluntary patient.

20(5) The attending physician shall complete a certificate of involuntary admission or a certificate of renewal if, after examining the patient, he or she is of the opinion both,

(a) that the patient is suffering from mental disorder of a nature or quality that likely will result in,

(i) serious bodily harm to the patient,

(ii) serious bodily harm to another person, or

(iii) serious physical impairment of the patient, unless the patient remains in the custody of a psychiatric facility; and

(b) that the patient is not suitable for admission or continuation as an informal or voluntary patient.

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Weeks waited from referral by GP to treatment by province, 2008

7 weeks from GP to specialist, 10 weeks from specialist to treatment

National Average: 7.9 weeks from GP to specialist, 10.7 weeks from specialist to treatment

Median patient wait in weeks for treatment after appointment with specialist, 2008

Treatments	Actual	“Reasonable”	National
To start brief psychotherapy	8	4	7.8
To start long-term psychotherapy	12	6	12.2
To start course of pharmacology	4	2	4.2
To start couple/marital therapy	8	4	7.8
To start cognitive behaviour therapy	10	4	9.9
Access day program	6	3	6.6
Access eating disorders program	12	4	13.4
Access housing program	24	4	21.3
Access evening program	8	4	9.5
Access sleep disorders program	6	4	15.7
Access assertive community treatment	12	4	8.3

* "Reasonable" are medians of physicians' estimates of clinically reasonable lengths of time to wait for treatment after appointment with a specialist

Source: National Psychiatry Waiting List Survey 2008 (Fraser Institute)

Ontario - Mental Health Resources

An Act Respecting the Protection of Persons Whose Mental State Presents a Danger to Themselves or to Others, S.Q. 1997, c. 75, as am.

Involuntary Admission Criteria

s. 7. if he [the psychiatrist] is of the opinion that the mental state of the person presents a grave and immediate danger to himself or to others.

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. 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.

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Weeks waited from referral by GP to treatment by province, 2008

8 weeks from GP to specialist, 9.2 weeks from specialist to treatment

National Average: 7.9 weeks from GP to specialist, 10.7 weeks from specialist to treatment

Median patient wait in weeks for treatment after appointment with specialist, 2008

Treatments	Actual	“Reasonable”	National
To start brief psychotherapy	8	4	7.8
To start long-term psychotherapy	12	7.5	12.2
To start course of pharmacology	4	2	4.2
To start couple/marital therapy	8	4	7.8
To start cognitive behaviour therapy	12	4	9.9
Access day program	4	2	6.6
Access eating disorders program	15	4	13.4
Access housing program	8	4	21.3
Access evening program	12	4	9.5
Access sleep disorders program	13	6	15.7
Access assertive community treatment	5	3	8.3

* "Reasonable" are medians of physicians' estimates of clinically reasonable lengths of time to wait for treatment after appointment with a specialist

Source: National Psychiatry Waiting List Survey 2008 (Fraser Institute)

Quebec - Mental Health Resources

Mental Health Act, R.S.N.B. 1973, c. M-10, as am.

Definition of mental disorder

s. 1(1) "mental disorder" means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs a person's

(a) behaviour,

(b) judgment,

(c) capacity to recognize reality, or

(d) ability to meet the ordinary demands of life, but does not include the disorder known as mental retardation

Involuntary Admission Criteria

s. 8(1)(c) if the attending psychiatrist is of the opinion that

(i) the person suffers from a mental disorder,

(ii) the person’s recent behaviour presents a substantial risk of imminent physical or psychological harm to the person or to others,

(iii) the person is not suitable for admission as a voluntary patient, and

(iv) less restrictive alternatives would be inappropriate.

Weeks waited from referral by GP to treatment by province, 2008

12 weeks from GP to specialist, 11 weeks from specialist to treatment

National Average: 7.9 weeks from GP to specialist, 10.7 weeks from specialist to treatment

Median patient wait in weeks for treatment after appointment with specialist, 2008

Treatments	Actual	“Reasonable”	National
To start brief psychotherapy	8	4	7.8
To start long-term psychotherapy	13	4	12.2
To start course of pharmacology	4	3.5	4.2
To start couple/marital therapy	12	4	7.8
To start cognitive behaviour therapy	11.5	4	9.9
Access day program	12	4	6.6
Access eating disorders program	5	2	13.4
Access housing program	14	3	21.3
Access evening program	-	4	9.5
Access sleep disorders program	19	4	15.7
Access assertive community treatment	11	4	8.3

* "Reasonable" are medians of physicians' estimates of clinically reasonable lengths of time to wait for treatment after appointment with a specialist

Source: National Psychiatry Waiting List Survey 2008 (Fraser Institute)

New Brunswick - Mental Health Resources

Hospitals Act, S.N.S. 1989, c. 208, as am. and Involuntary Psychiatric Treatment Act

Definition of Psychiatric Disorder (Hospitals Act)

s. 2(q) "psychiatric disorder" means any disease or disability of the mind and includes alcoholism and drug addiction

s. 36(2) a qualified medical practitioner has reasonable and probable grounds to believe that

Definition of Mental Disorder (Involuntary Psychiatric Treatment Act)

s. 3(q) "mental disorder" means a substantial disorder of behaviour, thought, mood, perception, orientation or memory that severely impairs judgement, behaviour, capacity to recognize reality or the ability to meet the ordinary demands of life, in respect of which psychiatric treatment is advisable;

Involuntary Admission Criteria (Hospitals Act)

(a) the person suffers from a psychiatric disorder; and

(b) the person should be admitted to the facility because

(i) he requires the in-patient services provided by that facility, and

(ii) he requires care that cannot be adequately provided outside the facility because he is a danger to his own safety or the safety of others Involuntary Psychiatric Treatment Act

Involuntary Admission Criteria (Involuntary Psychiatric Treatment Act)

s. 17 Where a psychiatrist has conducted an involuntary psychiatric assessment and is of the opinion that

(a) the person has a mental disorder;

(b) the person is in need of the psychiatric treatment provided in a psychiatric facility;

(c) the person, as a result of the mental disorder,

(i) is threatening or attempting to cause serious harm to himself or herself or has recently done so, has recently caused serious harm to himself or herself, is seriously harming or is threatening serious harm towards another person or has recently done so, or

(ii) is likely to suffer serious physical impairment or serious mental deterioration, or both;

(d) the person requires psychiatric treatment in a psychiatric facility and is not suitable for inpatient admission as a voluntary patient; and

(e) as a result of the mental disorder, the person does not have the capacity to make admission and treatment decisions,

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Weeks waited from referral by GP to treatment by province, 2008

6.5 weeks from GP to specialist, 19.2 weeks from specialist to treatment

National Average: 7.9 weeks from GP to specialist, 10.7 weeks from specialist to treatment

Median patient wait in weeks for treatment after appointment with specialist, 2008

Treatments	Actual	“Reasonable”	National
To start brief psychotherapy	8	5	7.8
To start long-term psychotherapy	8	6	12.2
To start course of pharmacology	8	3	4.2
To start couple/marital therapy	11	6	7.8
To start cognitive behaviour therapy	8	5	9.9
Access day program	27	6	6.6
Access eating disorders program	5	3	13.4
Access housing program	52	4	21.3
Access evening program	6	4	9.5
Access sleep disorders program	72	9	15.7
Access assertive community treatment	6.5	4	8.3

* "Reasonable" are medians of physicians' estimates of clinically reasonable lengths of time to wait for treatment after appointment with a specialist

Source: National Psychiatry Waiting List Survey 2008 (Fraser Institute)

Nova Scotia - Mental Health Resources

Mental Health Act, S.P.E.I. 1994, c. 39, as am.

Definition of Mental Disorder

s. 1(k) "mental disorder" means a substantial disorder of thought, mood, perception, orientation or memory that seriously impairs judgment, behaviour, capacity to recognize reality or ability to meet the ordinary demands of life and includes a mental disorder resulting from alcohol or drug addiction or abuse, but a mental handicap or learning disability does not, of itself, constitute mental disorder;

Involuntary Admission Criteria

s. 13(1) if the psychiatrist is of the opinion that the person

(a) is suffering from a mental disorder of a nature or degree so as to require hospitalization in the interests of the person’s own safety or the safety of others; and

(b) is refusing or is unable to consent to voluntary admission.

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Weeks waited from referral by GP to treatment by province, 2008

6 weeks from GP to specialist, 48 weeks from specialist to treatment

National Average: 7.9 weeks from GP to specialist, 10.7 weeks from specialist to treatment

Median patient wait in weeks for treatment after appointment with specialist, 2008

Treatments	Actual	“Reasonable”	National
To start brief psychotherapy	8	2	7.8
To start long-term psychotherapy	170	12	12.2
To start course of pharmacology	6	1	4.2
To start couple/marital therapy	-	-	7.8
To start cognitive behaviour therapy	-	-	9.9
Access day program	-	2	6.6
Access eating disorders program	-	2	13.4
Access housing program	50	10	21.3
Access evening program	-	-	9.5
Access sleep disorders program	50	5	15.7
Access assertive community treatment	4	4	8.3

* "Reasonable" are medians of physicians' estimates of clinically reasonable lengths of time to wait for treatment after appointment with a specialist

Source: National Psychiatry Waiting List Survey 2008 (Fraser Institute)

Prince Edward Island - Mental Health Resources

Mental Health Act, R.S.N. 1990, c. M-9, as am.

Definition of mental disorder

s. 2(g) "mental disorder" means a disease or disability of the mind;

Involuntary Admission Criteria

s. 5(1) A person, who in the opinion of a physician is suffering from mental disorder to a degree that the person requires hospitalization in the interests of his or her own safety, safety to others or safety to property, may without his or her consent be admitted to, detained within and treated at a treatment facility.

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Weeks waited from referral by GP to treatment by province, 2008

12 weeks from GP to specialist, 21.3 weeks from specialist to treatment

National Average: 7.9 weeks from GP to specialist, 10.7 weeks from specialist to treatment

Median patient wait in weeks for treatment after appointment with specialist, 2008

Treatments	Actual	“Reasonable”	National
To start brief psychotherapy	22	4	7.8
To start long-term psychotherapy	52	8	12.2
To start course of pharmacology	7	2	4.2
To start couple/marital therapy	25	4	7.8
To start cognitive behaviour therapy	36	4	9.9
Access day program	8	4	6.6
Access eating disorders program	9.5	3.8	13.4
Access housing program	12	3	21.3
Access evening program	13.5	4	9.5
Access sleep disorders program	37	4	15.7
Access assertive community treatment	12	3	8.3

* "Reasonable" are medians of physicians' estimates of clinically reasonable lengths of time to wait for treatment after appointment with a specialist

Source: National Psychiatry Waiting List Survey 2008 (Fraser Institute)

Newfoundland - Mental Health Resources

Mental Health Act, S.Y.T. 1989-90, c. 28, as am.

Definition of mental disorder

s. 1 "mental disorder" means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behaviour, capacity to recognize reality, or ability to meet the ordinary demands of life;

Involuntary Admission Criteria

s. 13 if the physicians believe on reasonable grounds

(a) that the person is suffering from a mental disorder that, unless the person remains in the custody of a hospital, is likely to result in

(i) serious bodily harm to the person or to another person, or

(ii) the person’s impending serious mental or physical impairment, and

(b) that the person is not suitable for admission as a voluntary patient.

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Yukon - Mental Health Resources

Mental Health Act, R.S.N.W.T. 1988, c. M-10, as am.

Definition of mental disorder

s. 1 "mental disorder" means a substantial disorder of thought, mood, perception, orientation or memory, any of which grossly impairs judgment, behaviour, the capacity to recognize reality or the ability to meet the ordinary demands of life but mental retardation or a learning disability does not of itself constitute a mental disorder;

Involuntary Admission Criteria

s. 13. Where a medical practitioner examines a person and has reasonable cause to believe that the person

(a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself,

(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her, or

(c) has shown or is showing a lack of competence to care for himself or herself,

and, if based on the information before the medical practitioner, the medical practitioner is of the opinion that that person is apparently suffering from a mental disorder of a nature or quality that will likely result in

(d) serious bodily harm to that person,

(e) serious bodily harm to another person, or

(f) imminent and serious bodily impairment of that person,

unless the person remains in the custody of a hospital, the medical practitioner shall

(g) admit the person as a voluntary patient to a hospital in accordance with section 6, or

(h) apply to admit the patient as an involuntary patient to a hospital by completing and filing with the Minister an application for a certificate of involuntary admission as set out in section 15, where the medical practitioner is of the opinion that the person is not suitable for admission as a voluntary patient.

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Northwest Territories - Mental Health Resources

Nunavut: Mental Health Act, R.S.N.W.T. 1988, c.M-10 as am

Definition of Mental Disorder

s. 1 "mental disorder" means a substantial disorder of thought, mood, perception, orientation or memory, any of which grossly impairs judgment, behaviour, the capacity to recognize reality or the ability to meet the ordinary demands of life but mental retardation or a learning disability does not of itself constitute a mental disorder;

Involuntary Admission Criteria

8. ... Where a medical practitioner examines a person and has reasonable cause to

believe that the person

(a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself,

(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her, or

(c) has shown or is showing a lack of competence to care for himself or herself, and the medical practitioner requires more time to gather information before forming an opinion as to whether that person is suffering from a mental disorder of a nature or quality that will likely result in

(d) serious bodily harm to that person,

(e) serious bodily harm to another person, or

(f) imminent and serious physical impairment of that person,

the medical practitioner may order the detention of that person at a hospital within the Territories for a psychiatric assessment by a medical practitioner where the person is not mentally competent to give a valid consent to undergo a psychiatric assessment or is mentally competent to consent and refuses to undergo a psychiatric assessment.

Adapted from and reproduced by permission of LexisNexis Canada Inc., from Canadian Mental Health Law & Policy, 2nd Edition (Markham: LexisNexis Canada, 2008) by John E. Gray, Margaret A. Shone, and Peter F. Liddle. Please visit www.lexisnexis.ca for more information on this title.

Nunavut - Mental Health Resources