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2011, c.190
- Mental Health Services Act
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Document at 11 January 2015
2011, c.190
Mental Health Services Act
Deposited May 13, 2011
Preamble
WHEREAS it is one of the purposes of mental health services to promote self-reliance and lessen dependence on formal systems of care; and
WHEREAS the focus of support and services for persons with mental disorders should be located in the community as close to the persons’ homes as possible; and
WHEREAS community-based mental health services should be resorted to before recommending that a person be admitted to a hospital facility for treatment in respect of a mental disorder; and
WHEREAS a balanced network of institutional and community-based mental health services is required to ensure timely delivery of mental health services; and
WHEREAS the contributions of families, persons with mental disorders and community agencies are valued and important components of mental health care; and
WHEREAS the principle of most appropriate and least restrictive treatment should be followed in the provision of mental health services;
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1
The following definitions apply in this Act.
“Committee”
means the Mental Health Services Advisory Committee established under section 4.
(Comité)
“fiscal year”
means the period commencing April 1 in one year and ending March 31 the next year.
(exercice financier)
“mental disorder”
means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs a person’s
(trouble mental)
(
a
)
behaviour,
(
b
)
judgment,
(
c
)
capacity to recognize reality, or
(
d
)
ability to meet the ordinary demands of life.
“Minister”
means the Minister of Health.
(ministre)
1997, c.M-10.2, s.1; 2000, c.26, s.190; 2002, c.1, s.14; 2004, c.16, s.2; 2006, c.16, s.111
Powers of Minister
2
The Minister may
(
a
)
sponsor, conduct and promote programs
(i
)
to observe, examine, assess, care, treat, rehabilitate and maintain persons suffering from mental disorders,
(ii
)
to prevent onset of mental disorder episodes through early clinical interventions,
(iii
)
to promote mental health through healthy lifestyles,
(iv
)
to communicate information respecting the recognition, prevention and treatment of mental disorders,
(v
)
to promote successful community living for persons suffering from mental disorders, and
(vi
)
to inform and educate the public about mental health, mental disorders and available services;
(
b
)
sponsor, conduct and promote programs of research into
(i
)
the prevention of the onset of mental disorder episodes,
(ii
)
the treatment and rehabilitation of persons suffering from a mental disorder,
(iii
)
the medical, psychological and sociological effects of mental disorders,
(iv
)
the maximization of an individual’s mental health potential in the community, and
(v
)
models that provide alternatives to hospitalization for persons suffering from a mental disorder;
(
c
)
act as a coordinating body for government and community agencies dealing with mental disorders and mental health services;
(
d
)
develop and maintain community-based support systems and promote community living for persons suffering from mental disorders;
(
e
)
establish, monitor and review standards respecting mental health services;
(
f
)
enter into agreements with an institution, agency, person or Minister of the Crown for the observation, examination, assessment, care, treatment, rehabilitation and maintenance of persons suffering from mental disorders, including entering into agreements for the purchase of services in relation to the observation, examination, assessment, care, treatment, rehabilitation and maintenance of persons suffering from mental disorders;
(
g
)
enter into agreements with a university, regional health authority or person for research services referred to in paragraph (
b
); and
(
h
)
enter into agreements with a community-based agency or a person to provide vocational, recreational, residential or other support services to persons suffering from mental disorders.
1997, c.M-10.2, s.2; 2002, c.1, s.14; 2004, c.16, s.2
Investigations
3
(1)
The Minister may make those investigations that the Minister considers necessary of an institution, agency or person with whom the Minister enters into an agreement to provide services under this Act if the Minister has reason to believe that the service may be of inadequate quality or dangerous, destructive or damaging to a recipient of the service.
3
(2)
In an investigation, the Minister may
(
a
)
enter any premises from which an institution, agency or person provides the service or keeps its records relating to the service,
(
b
)
inspect records and documents of the institution, agency or person, and
(
c
)
interview employees of the institution, agency or person and recipients of the service.
3
(3)
A statement, a declaration or evidence made by or given by a person at the request of the Minister under this section is confidential and for the information of the Minister only and, except for use in court proceedings, the statement, declaration or evidence may not be inspected by any person without the written authorization of the Minister.
3
(4)
An institution, agency or person with whom the Minister enters into an agreement under this Act shall permit the Minister to conduct an investigation under this Act.
3
(5)
No person shall obstruct or interfere with an investigation being carried out by the Minister under this Act.
3
(6)
On the completion of an investigation, if the Minister is of the opinion that the service is of inadequate quality or dangerous, destructive or damaging to the recipient of the service, the Minister may
(
a
)
direct the institution, agency or person, immediately or within the time that is specified in the directive, to make changes recommended by the Minister with respect to the provision of service, or
(
b
)
terminate an agreement to provide services with the institution, agency or person.
3
(7)
If the institution, agency or person to whom a directive has been made under paragraph (6)(
a
) fails to comply with the directive, the Minister, without notice and without compensation, may terminate an agreement to provide services entered into with the institution, agency or person.
3
(8)
If this section is inconsistent with or in conflict with any provision of the
Right to Information and Protection of Privacy Act
, this section prevails.
1997, c.M-10.2, s.3; 2002, c.1, s.14; 2004, c.16, s.2; 2013, c.34, s.18
Mental Health Services Advisory Committee
4
There is established an advisory committee called the Mental Health Services Advisory Committee, which shall advise the Minister on
(
a
)
the need, supply and delivery of mental health services,
(
b
)
issues respecting mental health and mental health services referred to the Committee by the Minister or initiated by the Committee, and
(
c
)
matters related to the development and improvement of community-based support systems for persons suffering from mental disorders.
1997, c.M-10.2, s.4
Term of appointment
5
(1)
The Committee shall consist of a minimum of 13 and maximum of 16 members appointed by the Minister as follows:
(
a
)
nine members from the public at large;
(
b
)
a maximum of five members from nominees submitted by those mental health interest groups prescribed by regulation; and
(
c
)
two members from nominees submitted by those professional associations prescribed by regulation.
5
(2)
A member of the Committee shall be appointed for a term not exceeding two years.
5
(3)
No person shall serve more than three consecutive terms as a member of the Committee.
5
(4)
A member of the Committee may be removed by the Minister for cause.
5
(5)
When a person is appointed as a member of the Committee to replace a member who has died, resigned or been removed, the appointment shall be for the remainder of the unexpired term of the former member.
1997, c.M-10.2, s.5; 2014, c.52, s.1
Meetings of Committee
6
(1)
The Committee shall meet at least four times in each year.
6
(2)
The chair may call a meeting at any time and shall call a meeting when requested to do so by the Minister.
6
(3)
A majority of the members of the Committee constitutes a quorum.
1997, c.M-10.2, s.6
Chair of Committee
7
The Minister shall appoint a chair from among the members of the Committee.
1997, c.M-10.2, s.7
Vice-chair of Committee
8
The members of the Committee shall elect from its members a vice-chair who shall perform the duties of the chair in the event of the inability of the chair to act because of illness, absence or any other reason.
1997, c.M-10.2, s.8
Report of Committee
9
Before the end of each fiscal year, the Committee shall submit to the Minister a report which outlines recommendations for the improvement of mental health services in the Province.
1997, c.M-10.2, s.9; 2000, c.26, s.190
Offence and penalty
10
A person who violates or fails to comply with subsection 3(5) commits an offence punishable under Part 2 of the
Provincial Offences Procedure Act
as a category E offence.
1997, c.M-10.2, s.10
Administration
11
The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
1997, c.M-10.2, s.11
Regulations
12
The Lieutenant-Governor in Council may make regulations
(
a
)
prescribing mental health interest groups for the purposes of paragraph 5(1)(
b
);
(
b
)
prescribing professional associations for the purposes of paragraph 5(1)(
c
);
(
c
)
respecting criteria to be considered in the appointment of members of the Committee;
(
d
)
respecting the criteria on which the eligibility of a person to be a member of the Committee is to be determined;
(
e
)
respecting conflicts of interest pertaining to members of the Committee, including the circumstances that constitute a conflict of interest, the disclosure of a conflict of interest and the manner in which a conflict of interest is to be dealt with;
(
f
)
respecting reimbursement of expenses incurred by the members of the Committee in the performance of their duties;
(
g
)
respecting procedures and safeguards in relation to confidential information.
1997, c.M-10.2, s.12
N.B.
This Act was proclaimed and came into force September 1, 2011.
N.B.
This Act is consolidated to May 21, 2014.
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