Form 49 (Ontario - Warrant of Committal)

A Form 49 (Warrant of Committal, specifically, Section 672.57 of the Criminal Code of Canada) under the Ontario Mental Health Act is a court action that allows a judge to enforce a judgment or order against a person that has refused or neglected to comply with a known court ruling or order. The term Warrant of Committal is a federal legal term used throughout Canada.

In Ontario, a Form 49 can be issued through the Ontario Review Board (ORB). A Form 49 can be thought of as a detention order. This means the patient does not need any additional Forms to be issued (e.g. - such as a Form 1) to detain them once they are brought to a hospital.

Confusion Alert!

There are 2 very different Form 49s in Ontario! Each has a very different purpose and meaning! The other Form 49 (Notice of Intention to Issue or Renew Community Treatment Order) is used in Community Treatment Orders, and a patient will require a Form 1 for detention if applicable.