Schedule 18 of the Bill amended the Mental Health Act, 1990 (MHA) to permit an involuntary patient, a person on his or her behalf, or the officer in charge of the psychiatric facility where the patient is currently detained to apply to the Consent and Capacity Board (CCB) for an order transferring the patient to another psychiatric facility. A transfer application may be made when a fourth certificate of renewal is completed with respect to the patient and after the completion of every subsequent fourth certificate of renewal. The MHA was also amended to set out notice requirements and the criteria the CCB is to consider when deciding whether or not to order a transfer. Any party may appeal the decision of the CCB to the Superior Court of Justice and a motion may be made to stay a transfer pending the appeal.

Schedule 9 of the Bill amended the Health Care Consent Act, 1996 to reflect the changes to the MHA by indicating that a transfer hearing before the Board shall begin within 30 days after the day the Board receives the application, unless the parties agree to a postponement.

Schedule 18 of the Bill also amended the MHA to modify some aspects of the rights advice given to patients before a Community Treatment Order may be issued or renewed. Now, where a rights adviser has made "best efforts" to locate the person subject to the order, but the person could not be located, the rights adviser will inform the physician who may then issue or renew the CTO. The MHA was also amended to automatically waive rights advice to the Public Guardian and Trustee where they are acting as the substitute decision maker to the renewal of a CTO.

The MHA was also amended by Schedule 18 to indicate that an Order for Examination (Form 47) does not terminate a community treatment order.

Finally, the Ministry of Health and Long-term Care amended a number of Forms to accord with these legislative amendments. The Form 50 "Confirmation of Rights Advice" was also updated. It now indicates whenever a person subject to a finding under the Mental Health Act has applied to the Consent and Capacity Board for review. All Forms are available online at: http://www.health.gov.on.ca/en/public/forms/mental_fm.aspx