About the Mental Health Act
British Columbia's Mental Health Act allows us to admit and treat people with serious mental health issues who are a risk to themselves or others. People who are certified under the Mental Health Act will be treated involuntarily for a mental disorder.
There are safeguards in place within the Act to protect the rights of patients. These include:
- Rights notification and opportunity to meet with an advisor
- Medical examinations at specified times
- Second medical opinions on proposed treatment when requested
- Access to review panel hearings
Patients are encouraged to work with a lawyer to prepare for their review panel hearing.
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What it means to be certified under the Mental Health Act
If you are certified under the Mental Health Act, you can receive treatment for a mental disorder against your will. A medical professional can certify you for involuntary mental health treatment if you:
- Have a mental health disorder that seriously impairs your ability to live in the community
- Require psychiatric treatment in a designated facility
- Require care and supervision to prevent deterioration or protect yourself or others
- Can’t safely or adequately be treated in a community-based facility
You will be certified only as a last resort.
Who can certify people under the Mental Health Act
A doctor or a nurse practitioner can certify you under the Act for involuntary mental health treatment. Nurse practitioners can complete the first medical certificate to certify and detain you for up to 48 hours. For longer periods, a doctor must complete a second medical certificate to detain you for up to one month under the Mental Health Act. The courts or police can apprehend or transport you to a facility for an involuntary mental health assessment. Neither the courts nor the police can provide an assessment.
We have three facilities where we treat people who are certified under the Mental Health Act: the Forensic Psychiatric Hospital, θəqiʔ ɫəwʔənəq leləm’ (the Red Fish Healing Centre) and the Provincial Assessment Centre.
Appealing a mental health certification
You can appeal your mental health certification by applying to BC’s Mental Health Review Board.