4(1)A psychiatric facility shall offer to the public one or more of the following services:

4(2)Any proposed alteration, limitation or restriction of the program of a psychiatric facility with respect to any of the services listed in subsection (1) shall be submitted to the Minister for approval.

4(3)The Shepody Healing Centre is exempted from the application of paragraphs (1)(b) and (c) and Part III of the Act.

5(1)The observation, examination, assessment, restraint, care and treatment of a patient in a psychiatric facility shall be under the supervision of a psychiatrist.

5(2)Notwithstanding subsection (1), it is not necessary for the observation, examination, assessment, restraint, care and treatment of a patient in a psychiatric facility listed in Schedule B to be under the supervision of a psychiatrist.

8(1)A tribunal shall consist of three members, one of whom is a member of the Law Society of New Brunswick and is entitled to practise law in the Province who shall act as chairman of the tribunal and two others who are not members of the Law Society of New Brunswick.

8(2)The member of the Law Society of New Brunswick shall have been a practising member for not less than ten years.

8(3)The Lieutenant-Governor in Council may appoint alternate members for each tribunal and if for any reason a member of the tribunal cannot act as a member, an alternate member appropriate to comply with subsection (1) shall act in place of the member.

8(4)A member of a tribunal holds office for the term, not exceeding three years, specified in the appointment and is eligible for reappointment at the expiration of the term.

8(6)The three members of a tribunal constitute a quorum and the decision of a majority is the decision of the tribunal.

9(1)A tribunal shall hold a hearing which shall be in camera within seventy-two hours after the receipt of an application under section 8 or 12 of the Act by the chairman of the tribunal.

9(2)A hearing shall, where possible, be held at the psychiatric facility at which the person who is the subject of the application is detained or admitted as a voluntary patient.

10(1)The chairman of the tribunal shall ensure that a copy of the application received by the chairman, the accompanying examination report, any other accompanying documentation and a notice of the date, time and place of the hearing is given to

10(2)The chairman of the tribunal shall ensure that notice of the date, time and place of the hearing is given to

10(3)The following persons have a right to be present at the hearing:

10(4)The person who is the subject of the application, the person’s representative and the psychiatric patient advocate, if the psychiatric patient advocate is not the representative of the patient, may call witnesses, cross-examine witnesses and make submissions at the hearing.

10(5)A tribunal or any member of the tribunal may interview the person who is the subject of the application or any other person in private.

10(6)A tribunal may engage independent medical, psychiatric or other professional persons to present evidence and make submissions with regard to any matter heard by the tribunal.

11(1)An examination report under section 8 of the Act or an attending psychiatrist’s certificate under the Act or under this Regulation purported to be signed by the attending psychiatrist is admissible in evidence at a hearing or other proceeding before a tribunal without proof of the signature of the person purporting to have signed the report or certificate.

11(2)The evidentiary value of an examination report or an attending psychiatrist’s certificate referred to in subsection (1) shall be determined by the tribunal.

15(1)A tribunal shall make a written decision and an order, if any, within seventy-two hours after the conclusion of a hearing.

15(2)The chairman of the tribunal shall prepare the written decision of the tribunal which shall contain a summary of the evidence, a summary of the representations before the tribunal, the decision of the tribunal and the reasons for the decision.

15(3)The chairman of the tribunal shall send forthwith a copy of the written decision and the order, if any, of the tribunal to the applicant, the person who is the subject of the application, the person’s representative, the administrator, the psychiatric patient advocate and the Executive Director.

15(4)The chairman of the tribunal shall send the Minister a copy of all decisions and orders made by the tribunal in relation to an application under section 8 or 12 of the Act.

17(1)The chairman of a tribunal may act alone with respect to an application under section 8 or 12 of the Act received by the chairman where the person who is the subject of the application or the person’s representative or the psychiatric patient advocate advises the chairman that he or she will not be calling witnesses, cross-examining witnesses or making submissions.

17(2)Notwithstanding subsection (1), where the chairman is acting alone and the person who is the subject of the application, the person’s representative or the psychiatric patient advocate decides to call a witness, cross-examine a witness or make a submission, the chairman shall, upon learning of the decision, cease acting alone and shall convene a hearing before the full tribunal within seventy-two hours.

17(3)The duties, authorities and powers of the chairman when acting alone are the duties, authorities and powers of the tribunal under the Act and this Regulation and any decision or order of the chairman shall be deemed to be a decision or order made by the tribunal.

18(1)A review board shall compile a record of a hearing before it and the record shall include, where applicable,

18(2)The chairman of the review board shall transmit a copy of the written report referred to in subsection 33(1) of the Act to the persons referred to in subsection 32(1.2) of the Act and the Executive Director within twenty-four hours after the conclusion of the inquiry.

22(1)A psychiatric patient advocate, upon learning of an application under section 8 or 12 of the Act, shall ascertain whether the person who is the subject of the application has a representative and the name and address of the representative and shall advise the chairman of the tribunal of the name and address of the representative.

22(2)A psychiatric patient advocate shall act as the representative of a person who is detained in a psychiatric facility under an examination certificate issued under section 7.1 of the Act, who is the subject of an application under section 8 or 12 of the Act or who is an involuntary patient if the person is unable to represent himself and the person is not otherwise represented and it would be detrimental, in the opinion of the psychiatric patient advocate, to the best interests of the person if the person was not represented.

22.1(1)Notwithstanding that a person who is the subject of an application under section 8 or 12 of the Act has a representative, a psychiatric patient advocate has full party status to act before a tribunal dealing with the application and may call witnesses, cross-examine witnesses, make submissions and do such other things that he or she considers to be in the best interests of the person who is the subject of the application.

22.1(2)Nothing in subsection (1) requires a psychiatric patient advocate to act in any proceeding before a tribunal if the person referred to in subsection (1) has a representative.

23(1)An examination certificate under section 7.1 of the Act shall be in Form 1.

23(2)An application to a tribunal under paragraph 8(1)(c) or subsection 12(1) of the Act shall be in Form 2.

23(3)An examination report under subsection 8(4) or subsection 12(1) of the Act shall be in Form 3.

23(4)A request to a tribunal under subsection 8.01(2) or subsection 12(1) of the Act shall be in Form 4.

23(5)A certificate of an attending psychiatrist under subsection 8.01(3) or subsection 12(1) of the Act shall be in Form 5.

23(6)A certificate under subsection 8.5(1) of the Act shall be in Form 6.

23(7)A certificate under subsection 8.5(2) of the Act shall be in Form 7.

23(8)A notice under subsection 8.5(4) of the Act shall be in Form 8.

23(9)An application under subsection 8.5(5) of the Act shall be in Form 9.

23(10)An application to a review board under subsection 8.6(5) of the Act shall be in Form 10.

23(11)An order for examination under subsection 9(1) of the Act shall be in Form 11.

23(12)A first certificate of detention under paragraph 13(1)(a) of the Act shall be in Form 12.

23(13)A second certificate of detention under paragraph 13(1)(b) of the Act shall be in Form 13.

23(14)A third or subsequent certificate of detention under paragraph 13(1)(c) of the Act shall be in Form 14.

23(15)An application to a review board under subsection 13(3) of the Act shall be in Form 15.

23(16)A notice of change to voluntary status under subsection 13(9) of the Act shall be in Form 16.

23(17)An application to the review board under subsection 16.1(3) of the Act shall be in Form 17.

23(18)An order for return under subsection 24(2) of the Act shall be in Form 18.

23(19)A memorandum of transfer under subsection 25(1) of the Act shall be in Form 19.

23(20)An order for transfer under subsection 27(1) of the Act shall be in Form 20.

23(21)An application for approval by a review board for an order to transfer under subsection 27(3) of the Act shall be in Form 21.

23(22)An order for transfer and admission under subsection 28(1) of the Act shall be in Form 22.

23(23)An application to a review board under subsection 30.1(1) of the Act shall be in Form 23.

23(24)An application to a review board under subsection 30.2(1) of the Act shall be in Form 24.

23(25)A certificate of an attending psychiatrist under subsection 30.2(2) of the Act shall be in Form 25.

23(26)An application to a review board under subsection 30.3(1) of the Act shall be in Form 26.

23(27)A certificate of an attending psychiatrist under paragraph 30.3(2)(a) of the Act shall be in Form 27.

23(28)An application for review of involuntary status under subsection 31(1) of the Act shall be in Form 28.

23(29)An application to a review board under subsection 31.1(1) of the Act shall be in Form 29.

23(30)A certificate of incompetence under subsection 36(3) of the Act shall be in Form 30.

23(31)A notice of cancellation under section 39 of the Act shall be in Form 31.

23(32)A notice of continuance under subsection 40(2) of the Act shall be in Form 32.

23(33)An application for review under subsection 42(1) of the Act shall be in Form 33.