What Form 46 is for
Form 46 tells a person, in writing, that they are subject to a community treatment order, the date it was signed and the date it expires. It also tells them they can challenge the order at the Consent and Capacity Board and can retain and instruct a lawyer at any time after it is issued or renewed.
People often mix it up with Form 49, the notice of intention given before the order. Form 46 comes after the signature on Form 45, and you give one with every renewal as well as with the first order.
Who completes it
The physician who issued or renewed the CTO completes, dates and signs Form 46, and names the psychiatric facility if there is one. The person doesn’t complete any part of it. The notice is addressed to the person by name and home address.
How to fill in the notice
TO and of
Enter the person’s full name and home address as they appear on Form 45. A different spelling or an old address makes it harder to show the person received notice of this order.
Dates of the order
Enter the date the Form 45 was signed and its expiry date, copied from Part 3 of that form. The two forms must agree. An order lasts no more than six months, so an expiry date further out than that is an error.
Signature and facility
Date the notice, sign it, print your name, and add the psychiatric facility if the order was made through one. Attach a blank Form 48, because the notice tells the person it is attached.
Common reasons it causes problems
- Not given at all, or given days after the Form 45 was signed.
- Signing or expiry dates that don’t match the Form 45.
- No Form 48 attached, although the notice says one is.
- An old Form 46 reused for a renewal instead of a new notice.
Submitting and who pays
Form 46 isn’t sent to the ministry or a payer. Give it to the person, keep a copy with the Form 45 in the record, and note how and when it was delivered. If the person applies for a hearing, the Consent and Capacity Board handles the application.