Section 22
Section 22 of BC’s Mental Health Act has four criteria for involuntary admission to a hospital or facility. If a doctor, or nurse practitioner, examines the person and is of the opinion that the person meets all four criteria, then the person is made an involuntary patient.
Admission criteria
Section 22 of the Mental Health Act says a doctor or nurse practitioner can make you an involuntary patient if they examine you, and they are of the opinion that you:
- have a mental disorder, and it seriously impairs your ability to react to your environment and associate with others; and
- need psychiatric treatment in or through a facility; and
- have to be in a facility, or supervised, to protect yourself or others. This includes preventing you from getting substantially worse mentally or physically; and
- would not stay in a facility and agree to psychiatric treatment if admitted as a voluntary patient.
The doctor or nurse practitioner will record the reasons why they are of the opinion that you meet all four criteria on the first certificate (Form 4.1) and a different doctor will record the reasons on the second certificate (Form 4.2).
Legal rights
Healthcare providers must tell you your rights when you are made an involuntary patient under section 22, and on transfer or renewal.
Right to meet with a Rights Advisor
You have a right to meet with a Rights Advisor. If you are in a facility, you can tell your healthcare provider that you request a rights advice meeting, and they will book it for you. If you are on extended leave, you can book a rights advice meeting through the IRAS portal. See more on booking a rights advice meeting.
Right to be told where you are
Healthcare providers will tell you the name and location of the facility.
Right to be told the reasons why you’ve been made an involuntary patient
Healthcare providers will show you the documents that explain how you meet the four criteria (Forms 4.1, 4.2, 6).
Right to be examined by a doctor
A doctor must examine you before deciding to renew you as an involuntary patient (Form 6).
Right to a second medical opinion
You have a right to have a different doctor examine you and suggest different psychiatric treatment (Form 11).
Right to a review panel hearing
You have a right to apply for a review panel hearing by the independent Mental Health Review Board. Review panels have three people who will hear your case and decide if you still meet all four criteria to be an involuntary patient. The hearing is free.
Right to apply to court
You have a right to apply to court for a judge to review your case. A lawyer can provide you with advice about going to court and represent you in court procedures.
Right to a lawyer
You have a right to contact a lawyer. The facility must provide access to a phone and a private room to call. A Rights Advisor can explain your options for getting a lawyer or legal advocate, and how to apply for legal aid.
Extended leave
What happens if I am on extended leave?
You are still an involuntary patient, but you are allowed to live outside of the facility under certain conditions. You have the same rights under the Mental Health Act.
If you are on extended leave, you can book a rights advice meeting through the IRAS portal. See more on booking a rights advice meeting.