Involuntary hospitalization

The purpose of an involuntary hospitalization under the Mental Health Act is to provide equal rights to appropriate care and treatment to a person whose mental illness puts them or others at substantial risk of imminent physical or psychological harm.

Any physician who examines a person and determines they may be suffering from a mental disorder requiring hospitalization, in the interests of the person or others, may complete an “examination certificate.” This certificate gives authority to detain a person for up to 72 hours for the purposes of observation, examination, assessment and routine clinical medical treatment.

Within 72 hours, an attending psychiatrist must assess the patient and make one of three decisions:  

• Release the person if further observation, examination, assessment, restraint, care or treatment is no longer deemed necessary
• Admit the person as a voluntary patient if they need further observation, examination, assessment, restraint, care or treatment
• Apply to a tribunal to have the person admitted as an involuntary patient as well as request the order to provide routine clinical medical treatment without the patient’s consent

While the person remains under detention, a psychiatric patient advocate will contact them to provide information regarding their rights as well as help them understand what to expect during this 72-hour period.

Should the psychiatrist file an application for involuntary hospitalization and request that routine clinical medical treatment be given without the patient’s consent, a patient advocate will revise the applications, discuss and answer any questions pertaining to the tribunal hearing process with both the patient and their nearest relative.

Mental Health Act — New Brunswick’s Mental Health Act and its regulations. 

Mental Health Act Forms — Find the right form if you or someone you know has been involuntarily hospitalized. 

9-8-8: Suicide Crisis Helpline — If you are thinking about suicide or worried about someone else, call or text 9-8-8 toll free, any time. Lines are open 24/7.

Psychosis | CAMH — Learn more about psychosis and mental illness from the Centre for Addiction and Mental Health.