Form 1 and Form 2 – Understanding the Mental Health Act

Under Section 17 of the Mental Health Act, police have the authority to hold someone for a psychiatric assessment. They are also able to bring someone to a hospital for further assessment by a doctor.

A Form 1 is a legal document that is completed by a licensed physician to order someone to have a psychiatric assessment. A doctor must have seen someone within seven days to issue a Form 1. A completed Form 1 ensures a person can be held involuntarily for up to 72 hours for psychiatric assessment—normally in an emergency department. Police may be required to pick someone up to bring them to the emergency department. A Form 1 does ensure someone is assessed but does not guarantee an inpatient admission. If ongoing inpatient treatment is needed, another Form 1 would then be issued following the initial assessment.

Any person may apply for something called a Form 2 through a Justice of the Peace if they feel someone requires mental health care. The person applying for a Form 2 must convey evidence of mental illness, danger to self or others and/or failure to care for their basic needs.

If a Form 2 is issued, it will be sent to police to allow them to pick up the individual. A Form 2 makes sure a person is brought to the hospital to see a doctor. The doctor will decide whether they require treatment. A Form 2 does not guarantee a psychiatric hospital admission.

Preview Form 2 online: forms.ssb.gov.on.ca/

Find a Justice of the Peace:
ontariocourts.ca/ocj/how-do-i/find-a-justice-of-the-peace

Download the printable resource