Acts and Regulations

M-10 - Mental Health Act

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Document at 28 January 2018
CHAPTER M-10
Mental Health Act
Definitions
1(1)In this Act
“administrator” means the person who is responsible for the administration and management of a psychiatric facility and includes persons designated by the administrator under section 6.2 to act on the administrator’s behalf;(administrateur)
“approved home” means a building, premises or place in relation to which a certificate is issued under section 22;(foyer agréé)
“attending psychiatrist” means the psychiatrist to whom responsibility for the observation, examination, assessment, restraint, care and treatment of a patient has been assigned;(psychiatre traitant)
“Department” means the Department of Health;(Ministère)
“Executive Director” means the person appointed as Executive Director under section 3.2;(directeur général)
“involuntary patient” means a person who is detained in a psychiatric facility under an order made by a tribunal under section 8.1;(malade en placement non volontaire)
“judge” Repealed: 1993, c.50, s.1
“mental disorder” Repealed: 2017, c.4, s.1
“Minister” means the Minister of Health and includes persons designated by the Minister under section 3.1 to act on the Minister’s behalf;(ministre)
“nearest relative” means, in the case of a child in care under the Family Services Act, the Minister, and in any other case(parent le plus proche)
(a) the guardian appointed by a court of competent jurisdiction, or
(a.1) if none, the attorney for personal care under the Infirm Persons Act, or
(a.2) if none, the proxy under the Advance Health Care Directives Act, or
(b) if none, the spouse regardless of age, or
(c) if none or if the spouse is not available, any one of the children who has reached the age of sixteen years, or
(d) if none or if none is available, either of the parents, or a person who has lawful authority to stand in the place of a parent, or
(e) if none or if none is available, any one of the brothers or sisters who has reached the age of sixteen years, or
(f) if none or if none is available, any other next of kin who has reached the age of sixteen years;
“patient” means a person who is under observation, examination, assessment, restraint, care or treatment in a psychiatric facility;(malade)
“peace officer” means(agent de la paix)
(a) a member of the Royal Canadian Mounted Police,
(b) a police officer as defined in the Police Act, and
(c) for the purposes of section 9, a sheriff appointed under the Sheriffs Act;
“physician” means a medical practitioner duly registered under the Medical Act;(médecin)
“prescribed form” Repealed: 2014, c.19, s.1
“psychiatric facility” means a facility for the observation, examination, assessment, restraint, care and treatment of persons suffering from a serious mental illness, and designated as such by the regulations;(établissement psychiatrique)
“psychiatrist” means a physician who holds a specialist’s certificate in psychiatry issued by The Royal College of Physicians and Surgeons of Canada or equivalent qualification acceptable to the Minister;(psychiatre)
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act;(curateur public)
“review board” means a review board appointed under section 30;(commission de recours)
“routine clinical medical treatment” means generally recognized and acceptable psychiatric treatment and other generally recognized and acceptable medical treatment that is necessary to effectively treat a serious mental illness;(traitement médical clinique de routine)
“serious mental illness” means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs a person’s behaviour, judgment, capacity to recognize reality or ability to meet the ordinary demands of life, but does not include an intellectual disability;(maladie mentale grave)
“supervised community care plan” means an individualized plan of care, treatment and supervision established under section 34.01 to support a person living in the community;(plan de soins communautaires supervisés)
“tribunal” means a tribunal appointed under section 7.5.(tribunal)
Consent under the Act
1(2)For the purposes of consent under this Act, a person is mentally competent to give or refuse to give consent if the person is able to understand the subject-matter in respect of which consent is requested and able to appreciate the consequences of giving or refusing to give consent, and, if the consent relates to a proposed treatment for the person, the subject-matter is the nature of the person’s illness and the nature of the proposed treatment.
1969, c.13, s.1; 1969, c.17, s.8; 1971, c.31, s.1; 1979, c.41, s.80; 1986, c.8, s.73; 1987, c.P-22.2, s.37; 1989, c.23, s.1; 1990, c.22, s.30; 1993, c.50, s.1; 2000, c.26, s.189; 2000, c.45, s.7; 2006, c.16, s.110; 2005, c.P-26.5, s.28; 2014, c.19, s.1; 2014, c.19, s.26; 2016, c.46, s.20; 2017, c.4, s.1
Purposes of Part II
1.1The purposes of Part II of this Act, as it relates to involuntary custody, detention, restraint, observation, examination, assessment, care and treatment, are
(a) to protect persons from dangerous behaviour caused by a serious mental illness,
(b) to provide treatment for persons suffering from a serious mental illness that is likely to result in dangerous behaviour, and
(c) to provide when necessary for such involuntary custody, detention, restraint, observation, examination, assessment, care and treatment as are the least restrictive and intrusive for the achievement of the purposes set out in paragraphs (a) and (b).
1989, c.23, s.2; 2017, c.4, s.1
I
ADMINISTRATION
Application of the Act
2This Act applies to every psychiatric facility.
1969, c.13, s.2
Act and regulations prevail
3Every psychiatric facility has power to carry on its undertaking as authorized by any Act, but, where the provisions of any Act conflict with the provisions of this Act or the regulations, the provisions of this Act and the regulations prevail.
1969, c.13, s.3
Administration of the Act
3.1(1)The Minister is responsible for the administration of this Act.
3.1(2)The Minister may designate persons to act on the Minister’s behalf for the purposes of this Act.
1989, c.23, s.3; 1989, c.23, s.3; 2014, c.19, s.26
Appointment of Executive Director
3.2(1)The Minister shall appoint a person as Executive Director for the purposes of this Act.
3.2(2)The Executive Director may delegate, in writing, any power, duty or function conferred or imposed on the Executive Director under this Act or the regulations under this Act to any suitably qualified person in the Department.
1989, c.23, s.3; 2004, c.3, s.1; 2014, c.19, s.26; 2017, c.4, s.1
Inspection
4(1)The Minister may appoint one or more inspectors.
4(2)An inspector appointed under subsection (1) may at any time visit and inspect any psychiatric facility, and in so doing the inspector
(a) may interview patients,
(b) is entitled to free access to all books, records and other documents relating to patients or any matter,
(c) may examine the condition of the psychiatric facility and its equipment,
(d) may interview the staff of the psychiatric facility, and
(e) may inquire into
(i) the quality of care being offered by the psychiatric facility,
(ii) the qualifications, competence and adequacy of staff, and
(iii) the range of services offered and the effectiveness of coordination with other mental health services,
and no person shall obstruct an inspector or withhold, destroy, conceal or refuse to furnish any information or thing required by an inspector for the purposes of an inspection.
1969, c.13, s.4; 1989, c.23, s.4; 2014, c.19, s.26
Agreement with the Government of Canada
5The Minister may, with the authorization of the Lieutenant-Governor in Council, enter into an agreement with the Government of Canada respecting the payment of federal aid in respect to psychiatric facilities or programs.
1969, c.13, s.5
Forms
5.1Subject to subsection 9(1), a document required for the purposes of this Act or the regulations shall be on a form provided by the Minister.
2014, c.19, s.2
II
HOSPITALIZATION PROCEDURES
1989, c.23, s.5
Refusal of admission
6(1)Notwithstanding this or any other Act, but subject to subsection (2), admission to a psychiatric facility may be refused by the authorities at the facility if the immediate needs in the case of the proposed patient are such that hospitalization is not urgent or necessary.
6(2)Authorities at a psychiatric facility shall not refuse to admit to the psychiatric facility a person who is the subject of an order made by a tribunal under section 8.1.
6(3)If admission to a psychiatric facility is refused under subsection (1), the reasons for the refusal shall be communicated immediately to the physician who made application for the admission of the proposed patient.
1969, c.13, s.6; 1989, c.23, s.5
Access to a psychiatric facility
6.1Authorities at a psychiatric facility shall not refuse a person who is the subject of an examination certificate issued under section 7.1 access to the facility.
1989, c.23, s.5
Persons to act on administrator’s behalf
6.2An administrator may designate persons to act on the administrator’s behalf for the purposes of this Act.
1989, c.23, s.5
Admission as a voluntary patient
7If a physician examines a person and is of the opinion that the person is in need of the observation, examination, assessment, care or treatment provided in a psychiatric facility, the physician may apply to a psychiatric facility to have the person admitted to the facility as a voluntary patient.
1969, c.13, s.7; 1989, c.23, s.5
Issuance of and authority and duties under an examination certificate
7.1(1)A physician may issue an examination certificate on a form provided by the Minister if the physician examines a person and is of the opinion that the person
(a) may be suffering from a serious mental illness of a nature or degree so as to require hospitalization in the interests of the person’s own safety or the safety of others, and
(b) is not suitable for admission as a voluntary patient.
7.1(2)A physician who issues an examination certificate under this section shall
(a) set out in the examination certificate that the physician personally examined the person who is the subject of the examination certificate and made careful inquiry into all of the facts necessary to form an opinion as to the nature or degree of the serious mental illness of the person,
(b) set out in the examination certificate the facts upon which the physician formed an opinion as to the nature or degree of the serious mental illness,
(c) distinguish in the examination certificate between the facts observed by the physician and the facts communicated to the physician by others, and
(d) note in the examination certificate the date on which the physician examined the person who is the subject of the examination certificate.
7.1(3)An examination certificate issued under this section is not effective unless it is signed and issued by the physician within seven days after the physician examines the person who is the subject of the examination certificate.
7.1(4)An examination certificate issued under this section is sufficient authority
(a) for seven days from and including the day on which it is issued for a peace officer or any other person to take into custody the person who is the subject of the examination certificate and to take that person to a psychiatric facility for observation, examination and assessment,
(b) for the administrator of the psychiatric facility, without consent, to detain the person for a period not exceeding seventy-two hours for the purposes of observation, examination and assessment, and
(c) for the attending psychiatrist, without consent, to observe, examine and assess the person and, without consent, to give such routine clinical medical treatment and to administer such restraint as, in the attending psychiatrist’s opinion, is necessary.
7.1(5)A peace officer or other person who takes a person into custody under an examination certificate issued under this section for the purpose of taking the person to a psychiatric facility for observation, examination and assessment shall promptly
(a) inform the person of the reasons for the detention and of the person’s right to retain and instruct counsel without delay, and
(b) tell the person where the person is being taken.
7.1(6)A peace officer or other person who takes a person into custody under an examination certificate issued under this section for the purpose of taking the person to a psychiatric facility for observation, examination and assessment shall
(a) retain custody of the person until the person has been taken to a psychiatric facility, examined by a psychiatrist and detained for further observation, examination and assessment under an examination certificate issued under this section, or
(b) with the person’s consent, return the person to the person’s residence or, if that is not practicable, to the place where the person was taken into custody, if a psychiatrist advises the peace officer or other person that, in the opinion of the psychiatrist, the person does not require hospitalization for the person’s mental condition.
7.1(7)Notwithstanding subsection (6), a peace officer or other person may release a person detained in the peace officer’s or other person’s custody under an examination certificate issued under this section on the expiration of three hours after the person has been taken to a psychiatric facility.
1989, c.23, s.5; 2014, c.19, s.3; 2017, c.4, s.1
Observation, examination and assessment under an examination certificate
7.2A psychiatrist shall observe, examine and assess a person detained in a psychiatric facility under an examination certificate issued under section 7.1 as soon as reasonably possible.
1989, c.23, s.5
Obligation to notify nearest relative of detention under an examination certificate
7.3If a person is detained in a psychiatric facility under an examination certificate issued under section 7.1, the administrator shall in writing notify the person’s nearest relative
(a) of the detention and of the reasons for and the place of detention, and
(b) of the person’s right to retain and instruct counsel without delay.
1989, c.23, s.5
Obligation to inform person detained under an examination certificate
7.4If a person is detained in a psychiatric facility under an examination certificate issued under section 7.1, the attending psychiatrist shall inform the person, when the person is initially detained in the psychiatric facility, of the reasons for and the place of detention and of the person’s right to retain and instruct counsel without delay.
1989, c.23, s.5
Tribunals
7.5(1)There shall be one or more tribunals appointed by the Lieutenant-Governor in Council in accordance with the regulations.
7.5(2)For the purposes of proceedings before a tribunal under this Act, the members of the tribunal have all the powers conferred upon commissioners under the Inquiries Act.
7.5(3)No action, prosecution or other proceeding shall be brought or be instituted against a tribunal, a person who is a member of a tribunal, or an attending psychiatrist who makes an application to a tribunal, for any act done or purporting to be done in relation to an application to a tribunal unless it appears that the act was done without reasonable cause, and with actual malice, and wholly without jurisdiction.
1989, c.23, s.5
Psychiatric patient advocate services – duties and rights
7.6(1)The Lieutenant-Governor in Council may designate persons, services or organizations as psychiatric patient advocate services.
7.6(2)It is the duty of a psychiatric patient advocate service to offer advice and assistance to persons who are detained in a psychiatric facility under examination certificates issued under section 7.1, to persons who are the subjects of applications under section 8 or 12 and to involuntary patients in psychiatric facilities, and to provide psychiatric patient advocates to meet, confer with, advise and assist persons who are detained in a psychiatric facility under examination certificates issued under section 7.1, who are the subjects of applications under section 8 or 12 or who are involuntary patients.
7.6(3)The administrator of a psychiatric facility shall ensure that the appropriate psychiatric patient advocate service is given notice of
(a) each detention of a person in the psychiatric facility under an examination certificate issued under section 7.1,
(b) each determination by an attending psychiatrist that an involuntary patient who is detained in the psychiatric facility, or a person who is detained in the psychiatric facility and who is the subject of an application under section 8 or 12, is not mentally competent for the purposes of a consent required under this Act,
(c) each application under section 8 or 12 in relation to a person detained in the psychiatric facility,
(d) each order made by a tribunal under section 8.1 that a person be admitted to the psychiatric facility as an involuntary patient,
(e) each order made by a tribunal or a review board authorizing the giving of routine clinical medical treatment without consent to an involuntary patient in the psychiatric facility,
(f) each order made by a review board authorizing the giving of specified psychiatric treatment without consent to an involuntary patient in the psychiatric facility,
(g) the completion of each certificate of detention in respect of an involuntary patient in the psychiatric facility,
(h) each notice received by the administrator under subsection 32(1) or 32(1.2) in relation to an involuntary patient in the psychiatric facility,
(i) each report received by the administrator under subsection 31.1(5) or 33(1) in relation to an involuntary patient in the psychiatric facility, and
(j) each decision to change the status of an involuntary patient in the psychiatric facility to that of a voluntary patient.
7.6(4)A psychiatric patient advocate has the right at all reasonable times to meet and confer with persons who are the subjects of examination certificates issued under section 7.1, with persons who are the subjects of applications under section 8 or 12 and with involuntary patients.
7.6(5)A psychiatric patient advocate has the right at all reasonable times to be present at hearings held by tribunals in relation to persons who are the subjects of applications under section 8 or 12 and to be present at hearings held by review boards in relation to involuntary patients.
7.6(6)A psychiatric patient advocate has the right at all reasonable times to free access to all books, records and other documents relating to persons who are the subjects of examination certificates issued under section 7.1, to persons who are the subjects of applications under section 8 or 12 and to involuntary patients.
7.6(7)A psychiatric patient advocate has the right at all reasonable times to free access to all locations in a psychiatric facility at which are detained persons who are the subjects of examination certificates issued under section 7.1, persons who are the subjects of applications under section 8 or 12 and involuntary patients.
1989, c.23, s.5; 2004, c.8, s.1
Psychiatric patient advocate services – alleged negligence
7.7(1)If it is alleged that a psychiatric patient advocate service or a psychiatric patient advocate has been negligent in respect of any act, deed, matter or thing made, done, permitted or omitted by the psychiatric patient advocate service or psychiatric patient advocate in or about the execution or intended execution of duties or authorities under this Act, the Province shall defend, negotiate or settle any claim and shall, when necessary, pay all losses, damages, costs and expenses if the psychiatric patient advocate service or psychiatric patient advocate has acted in good faith.
7.7(2)If the Province defends a psychiatric patient advocate service or psychiatric patient advocate under subsection (1), the Province has the conduct of any action in relation to the claim.
7.7(3)Subsection (1) applies only if
(a) the psychiatric patient advocate service or the psychiatric patient advocate co-operates with the Province, except in a pecuniary way, with respect to the defence, negotiation and settlement of any claim, including any appeal;
(b) the psychiatric patient advocate service or psychiatric patient advocate, at the request of the Province,
(i) attends all related meetings, hearings and trials,
(ii) assists in effecting any settlement,
(iii) secures and gives evidence, and
(iv) obtains the attendance of witnesses;
(c) the psychiatric patient advocate service or psychiatric patient advocate does not, without the prior written approval of the Province, assume any obligation, admit any liability or take any step to compromise the defence of the claim; and
(d) the claim is not covered by a policy of insurance effected directly or indirectly for the benefit of the psychiatric patient advocate service or psychiatric patient advocate.
7.7(4)If payment is made under this section on behalf of a psychiatric patient advocate service or a psychiatric patient advocate, the Province shall not seek indemnification from the psychiatric patient advocate service or psychiatric patient advocate.
1989, c.23, s.5; 2004, c.8, s.2
Release, admission as a voluntary patient or application to tribunal for an order to admit a person as an involuntary patient
8(1)An attending psychiatrist, after observing, examining and assessing a person who is the subject of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act,
(a) shall release the person from the psychiatric facility if the attending psychiatrist is of the opinion that the person is not in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility;
(b) shall admit the person as a voluntary patient if the attending psychiatrist is of the opinion that the person is in need of the observation, examination, assessment, restraint, care or treatment provided in a psychiatric facility and is suitable for admission as a voluntary patient; or
(c) shall file an application on a form provided by the Minister with the chairman of the tribunal having jurisdiction for an order that the person be admitted to a psychiatric facility as an involuntary patient if the attending psychiatrist is of the opinion that
(i) the person suffers from a serious mental illness,
(ii) the person’s recent behaviour demonstrates that, because of the serious mental illness, the person is likely to cause serious harm to himself or herself or to another person or to suffer substantial mental or physical deterioration,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate.
8(2)Notwithstanding paragraph (1)(a), the attending psychiatrist shall not release a person who is subject to detention other than under this Act except to the custody of the authority under which the person was detained for examination.
8(3)An application referred to in paragraph (1)(c) shall be
(a) filed with the chairman of the tribunal having jurisdiction within seventy-two hours after the person is detained by the administrator under the authority of an examination certificate issued under section 7.1 or of an order for examination made by a judge under this Act, and
(b) accompanied by an examination report signed by the attending psychiatrist.
8(4)An examination report on a form provided by the Minister shall
(a) state that the attending psychiatrist personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the attending psychiatrist to form the opinion that
(i) the person suffers from a serious mental illness,
(ii) the person’s recent behaviour demonstrates that, because of the serious mental illness, the person is likely to cause serious harm to himself or herself or to another person or to suffer substantial mental or physical deterioration,
(iii) the person is not suitable for admission as a voluntary patient, and
(iv) less restrictive alternatives would be inappropriate;
(b) set out the facts on which the attending psychiatrist’s opinion was formed, distinguishing between the facts observed by the attending psychiatrist and the facts communicated to the attending psychiatrist by others; and
(c) describe the nature or degree of the serious mental illness suffered by the person and set out the reasons on which the attending psychiatrist relies in forming an opinion and making a diagnosis.
8(5)An application filed with the chairman of a tribunal under this section is sufficient authority
(a) for a peace officer or any other person to take the person who is the subject of the application to the tribunal for a determination of the application,
(b) for the administrator of the psychiatric facility, without consent, to detain the person pending a determination of the application, and
(c) for the attending psychiatrist, without consent, to observe, examine and assess the person and, without consent, to give such routine clinical medical treatment and to administer such restraint as, in the attending psychiatrist’s opinion, is necessary pending a determination of the application.
1969, c.13, s.8; 1976, c.12, s.1; 1989, c.23, s.5; 2014, c.19, s.4; 2017, c.4, s.1
Application to tribunal for an order authorizing the giving of routine clinical medical treatment without consent
8.01(1)Before filing an application with the chairman of a tribunal under section 8, the attending psychiatrist shall, if the person has reached the age of sixteen years, assess the mental competence of the person who is the subject of the application to determine if, in the attending psychiatrist’s opinion, the person is mentally competent to give or refuse to give consent in relation to routine clinical medical treatment.
8.01(2)An attending psychiatrist shall include in an application to be filed with the chairman of a tribunal under section 8 a request on a form provided by the Minister for an order authorizing the giving of routine clinical medical treatment without consent if the person who is the subject of the application
(a) has not reached the age of sixteen years,
(b) has reached the age of sixteen years but is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, or
(c) has reached the age of sixteen years and is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, but refuses to give consent in relation to such treatment.
8.01(3)An application filed with the chairman of a tribunal under section 8 shall, if the attending psychiatrist is requesting an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years, be accompanied by the attending psychiatrist’s certificate on a form provided by the Minister to the effect that
(a) the person who is the subject of the application is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, or
(b) the person who is the subject of the application is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment but refuses to give such consent.
8.01(4)An attending psychiatrist shall include in a certificate under paragraph (3)(a) reasons for the attending psychiatrist’s opinion that the person to whom the certificate relates is not mentally competent to give or refuse to give consent in relation to routine clinical medical treatment.
1989, c.23, s.5; 2014, c.19, s.5
Order to admit a person as an involuntary patient
8.1(1)If the tribunal is of the opinion on an application under section 8 that
(a) the person suffers from a serious mental illness,
(b) the person’s recent behaviour demonstrates that, because of the serious mental illness, the person is likely to cause serious harm to himself or herself or to another person or to suffer substantial mental or physical deterioration,
(c) the person is not suitable for admission as a voluntary patient,
(d) less restrictive alternatives would be inappropriate, and
(e) the person requires hospitalization in the interests of the person’s own safety or the safety of others,
the tribunal shall in writing order that the person be admitted to a psychiatric facility as an involuntary patient.
8.1(2)An order made under subsection (1) is sufficient authority
(a) for a peace officer or any other person to take the person who is the subject of the order to a psychiatric facility,
(b) for the administrator of a psychiatric facility, without consent, to detain the person in the psychiatric facility for one month after the date of the order, and
(c) for the attending psychiatrist, without consent, to observe, examine and assess the person and, without consent, to administer such restraint as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5; 2017, c.4, s.1
Order authorizing the giving of routine clinical medical treatment without consent
8.11(1)If an application filed with the chairman of a tribunal under section 8 includes a request for an order authorizing the giving of routine clinical medical treatment without consent to a person who has not reached the age of sixteen years, the tribunal may make an order in writing authorizing the giving of routine clinical medical treatment without consent to the person if
(a) it makes an order under section 8.1 in relation to the person,
(b) it is of the opinion that the treatment is in the best interests of the person, and
(c) it is of the opinion that, without the treatment, the person would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
8.11(2)If an application filed with the chairman of a tribunal under section 8 includes a request for an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years but who is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, the tribunal may make an order in writing authorizing the giving of routine clinical medical treatment without consent to the person if
(a) it makes an order under section 8.1 in relation to the person,
(b) it is of the opinion that any known previous refusal to give consent in relation to routine clinical medical treatment while the person was mentally competent to give or refuse to give consent
(i) does not constitute reliable and informed instructions based on the person’s knowledge of the effect of the treatment on the person,
(ii) is not current,
(iii) does not apply to the person’s present circumstance, or
(iv) has been revoked or revised by subsequent consent or by a subsequently accepted treatment program while the person was mentally competent to give or refuse to give consent,
(c) it is of the opinion that the treatment is in the best interests of the person, and
(d) it is of the opinion that, without the treatment, the person would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
8.11(3)If an application filed with the chairman of a tribunal under section 8 includes a request for an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years and who is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, but who refuses to give consent in relation to the treatment, the tribunal may make an order in writing authorizing the giving of routine clinical medical treatment without consent to the person if
(a) it makes an order under section 8.1 in relation to the person,
(b) it is of the opinion that the refusal does not constitute reliable and informed instructions based on the person’s knowledge of the effect of the treatment on the person,
(c) it is of the opinion that the treatment is in the best interests of the person, and
(d) it is of the opinion that, without the treatment, the person would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
8.11(4)In forming an opinion under subsection (1), (2) or (3) as to the best interests of a person, the tribunal shall have regard to
(a) whether or not the mental condition of the person will be or is likely to be substantially improved by routine clinical medical treatment,
(b) whether or not the mental condition of the person will improve or is likely to improve without routine clinical medical treatment,
(c) whether or not the anticipated benefit from the routine clinical medical treatment outweighs the risk of harm to the person, and
(d) whether or not routine clinical medical treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.11(5)An order made under this section is sufficient authority for the attending psychiatrist to give to an involuntary patient, without consent, such routine clinical medical treatment as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5; 1993, c.50, s.2
Obligation to notify nearest relative of admission as an involuntary patient
8.2If a person is admitted to a psychiatric facility as an involuntary patient under an order made by a tribunal under section 8.1, the administrator of the psychiatric facility to which the person is admitted shall in writing notify the person’s nearest relative of the admission.
1989, c.23, s.5
Care for involuntary patient
8.3If a person is admitted to a psychiatric facility as an involuntary patient under an order made by a tribunal under section 8.1, the psychiatric facility to which the person is admitted shall care for the person.
1989, c.23, s.5
Rights in relation to treatment
8.4(1)Subject to subsections (2) and (3), an involuntary patient who has reached the age of sixteen years and who, in the opinion of the attending psychiatrist, is mentally competent to give or refuse to give consent in relation to treatment has a right not to be given psychiatric or other medical treatment if the patient does not give consent to the treatment.
8.4(2)Routine clinical medical treatment and other psychiatric treatment may be given without consent to an involuntary patient referred to in subsection (1) if a tribunal or review board makes an order authorizing the giving of the treatment.
8.4(3)Medical treatment other than routine clinical medical treatment or other psychiatric treatment may be given without consent to an involuntary patient referred to in subsection (1) if the attending psychiatrist has reasonable and probable grounds to believe that there is imminent and serious danger to the life, a limb or a vital organ of the involuntary patient requiring immediate medical treatment.
8.4(4)An involuntary patient who has reached the age of sixteen years and who, in the opinion of the attending psychiatrist, is not mentally competent to give or refuse to give consent in relation to treatment has a right not to be given routine clinical medical treatment or other psychiatric treatment unless a tribunal or a review board makes an order authorizing the giving of the treatment.
8.4(5)Subject to subsection (6), an involuntary patient who has reached the age of sixteen years and who, in the opinion of the attending psychiatrist, is not mentally competent to give or refuse to give consent in relation to treatment has a right not to be given medical treatment that is not routine clinical medical treatment or other psychiatric treatment unless consent to the treatment is given on behalf of the involuntary patient in accordance with section 8.6.
8.4(6)Medical treatment other than routine clinical medical treatment or other psychiatric treatment may be given without a consent given in accordance with section 8.6 on behalf of an involuntary patient referred to in subsection (5) if the attending psychiatrist has reasonable and probable grounds to believe that there is imminent and serious danger to the life, a limb or a vital organ of the involuntary patient requiring immediate medical treatment.
8.4(7)An involuntary patient who has not reached the age of sixteen years has a right not to be given routine clinical medical treatment or other psychiatric treatment unless a tribunal or a review board makes an order authorizing the giving of the treatment.
8.4(8)Subject to subsection (9), an involuntary patient who has not reached the age of sixteen years has a right not to be given medical treatment that is not routine clinical medical treatment or other psychiatric treatment unless consent to the treatment is given on behalf of the involuntary patient in accordance with section 8.6.
8.4(9)Medical treatment other than routine clinical medical treatment or other psychiatric treatment may be given without a consent given in accordance with section 8.6 on behalf of an involuntary patient referred to in subsection (8) if the attending psychiatrist has reasonable and probable grounds to believe that there is imminent and serious danger to the life, a limb or a vital organ of the involuntary patient requiring immediate medical treatment.
8.4(10)If there is a conflict between any provision of this section and any provision of the common law or of any other Act or regulation relating to the right to give or refuse to give consent in relation to medical treatment, or relating to a procedure for dispensing with such consent, the provisions of this section prevail.
1989, c.23, s.5
Certificate of mental competence to give or refuse to give consent
8.5(1)An attending psychiatrist who is of the opinion that an involuntary patient who has reached the age of sixteen years is not mentally competent to give or refuse to give consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment or for the purposes of section 20 or 27 shall complete and file with the administrator a certificate on a form provided by the Minister to the effect that the involuntary patient is not mentally competent to give or refuse to give consent.
8.5(2)An attending psychiatrist who is of the opinion that a person who may give or refuse to give consent in accordance with section 8.6 on behalf of an involuntary patient is not mentally competent to give or refuse to give consent for the purposes of section 8.4, 20 or 27 shall complete and file with the administrator a certificate on a form provided by the Minister to the effect that the person is not mentally competent to give or refuse to give consent.
8.5(3)The attending psychiatrist shall include in a certificate prepared under subsection (1) or (2) reasons for the attending psychiatrist’s opinion that the person to whom the certificate relates is not mentally competent to give or refuse to give consent.
8.5(4)The administrator shall give the person to whom it relates a copy of a certificate prepared under subsection (1) or (2) and written notice that the person is entitled to file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether the person is mentally competent to give or refuse to give consent.
8.5(5)A person who questions the opinion of an attending psychiatrist as to the mental competence of a person referred to in subsections (1) or (2) to give or refuse to give consent for the purposes referred to in subsection (1) or (2) may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether a person referred to in subsection (1) or (2) is mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2).
8.5(6)If an application is filed with the chairman of a review board under subsection (5), the opinion of the attending psychiatrist that a person is not mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2) shall not be acted on until the matter is finally determined.
8.5(7)A decision by a review board that an involuntary patient, or a person who may give or refuse to give consent in accordance with section 8.6 on behalf of an involuntary patient, is mentally competent to give or refuse to give consent or is not mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2) applies only for the purposes for which the proceeding is held.
1989, c.23, s.5; 2014, c.19, s.6; 2017, c.29, s.6
Substitute consent
8.6(1)For the purposes of sections 20 and 27, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent, by a person who has reached the age of sixteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(b.2) the patient’s proxy under the Advance Health Care Directives Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(2)For the purposes of consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, consent may be given or refused on behalf of an involuntary patient who has not reached the age of sixteen years, or who has reached the age of sixteen years but is not mentally competent to give or refuse to give consent to the treatment, by a person who has reached the age of nineteen years, is apparently mentally competent to give or refuse to give consent, is available and willing to make the decision to give or refuse to give the consent and is in one of the following categories:
(a) in the case of a child in care under the Family Services Act, the Minister;
(b) the patient’s guardian appointed by a court of competent jurisdiction;
(b.1) the patient’s attorney for personal care under the Infirm Persons Act;
(b.2) the patient’s proxy under the Advance Health Care Directives Act;
(c) the patient’s spouse;
(d) a child of the patient;
(e) a parent of the patient or a person who has lawful authority to stand in the place of a parent;
(f) a brother or sister of the patient;
(g) any other next of kin of the patient;
(h) Repealed: 2017, c.4, s.1
(i) the Public Trustee.
8.6(3)If a person in a category in subsection (1) or (2) refuses to give consent on the involuntary patient’s behalf, the consent of a person in a subsequent category is not valid.
8.6(4)If two or more persons who are not described in the same category in subsection (1) or (2) claim the authority to give or refuse to give consent under those subsections, the one under the category occurring first in the subsection prevails.
8.6(5)If no person claims the authority to give or refuse to give consent under subsection (1) or (2) or if two or more persons described in the same category in subsection (1) or (2) claim the authority and they do not agree, the person seeking the consent may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether consent should be given on behalf of the patient.
8.6(6)On receipt of an application under subsection (5), the review board shall, if the wishes of the involuntary patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(7)A person referred to in paragraphs (1)(c) to (h) or (2)(c) to (h) shall not exercise the authority given by subsection (1) or (2) unless the person
(a) has been in personal contact with the involuntary patient over the preceding twelve-month period,
(b) is willing to assume the responsibility for giving consent or refusing to give consent,
(c) knows of no conflict or objection from any other person in the list set out in subsection (1) of equal or higher category who claims the authority to make the decision, and
(d) makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in paragraphs (a) to (c).
8.6(8)A person authorized by subsection (1) or (2) to give or refuse to give consent on behalf of an involuntary patient shall, if the wishes of the patient, expressed when the patient was mentally competent and sixteen or more years of age, are clearly known, give or refuse to give consent in accordance with those wishes and shall otherwise give or refuse to give consent in accordance with the best interests of the patient.
8.6(9)In order to determine the best interests of the patient in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment, regard shall be had to
(a) whether or not the condition of the patient will be or is likely to be substantially improved by the treatment,
(b) whether or not the condition of the patient will improve or is likely to improve without the treatment,
(c) whether or not the anticipated benefit from the treatment outweighs the risk of harm to the patient, and
(d) whether or not the treatment is the least restrictive and least intrusive treatment that meets the requirements of paragraphs (a), (b) and (c).
8.6(10)Whoever seeks a person’s consent on an involuntary patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in paragraphs (7)(a) to (c), unless it is not reasonable to believe the statement.
8.6(11)The person seeking the consent is not liable for failing to request the consent of a person entitled to give or refuse to give consent on the patient’s behalf if the person seeking the consent made reasonable inquiries for persons entitled to give or refuse to give consent but did not find the person.
1989, c.23, s.5; 2000, c.45, s.7; 2004, c.8, s.3; 2005, c.P-26.5, s.28; 2014, c.19, s.7; 2014, c.19, s.26; 2016, c.46, s.20; 2017, c.4, s.1; 2017, c.29, s.6
Order for examination
9(1)A person who believes that another person is suffering from a serious mental illness and should be examined in the interests of the person’s own safety or the safety of others may give information on oath or solemn affirmation to a judge of the Provincial Court and the judge may issue an order for examination on a form prescribed by regulation if the judge is satisfied, after an inquiry, that the examination is necessary and the person refuses to submit to a medical examination.
9(1.1)Where an order for examination is directed to one or more peace officers, the court may, in the order, authorize the peace officer or officers to enter a dwelling described in the order for the purposes of subsection (5), if the judge is satisfied by information on oath or solemn affirmation that the person named or described in the order is or will be present in the dwelling.
9(1.2)An authorization to enter a dwelling granted under subsection (1.1) is subject to the condition that a peace officer to whom the order is directed may not enter the dwelling unless that officer has, immediately before entering the dwelling, reasonable grounds to believe that the person named or described in the order for examination is present in the dwelling.
9(2)In every order under this section it shall be stated and shown clearly that the judge issuing the order made due inquiry into all of the facts necessary for the judge to form a satisfactory opinion.
9(3)An order under this section may be directed to all or any peace officers and shall name or otherwise describe the person with respect to whom the order has been made.
9(4)Notwithstanding subsection (3), the order may be directed to the nearest relative of the person subject to the order if the nearest relative so requests.
9(5)An order under this section shall direct, and is sufficient authority for, any person to whom it is directed to take into custody the person named or described in the order and to take that person to a medical facility, physician’s office or psychiatric facility where the person named or described may be detained for medical examination.
1969, c.13, s.9; 1985, c.4, s.43; 1989, c.23, s.5; 2000, c.17, s.1; 2014, c.19, s.8; 2017, c.4, s.1
Taking a person into custody for examination
10If a peace officer has reasonable grounds to believe that a person
(a) has threatened or attempted, or is threatening or attempting, to cause harm to himself or herself,
(b) has behaved or is behaving in a way that causes or is likely to cause another person harm or is causing another person to fear harm from the person,
(c) has shown or is showing a lack of competence to care for himself or herself,
and if the peace officer is of the opinion that the person is apparently suffering from a serious mental illness of a nature or degree that likely will result in harm to the person or harm to another person and that it would not be reasonable to proceed in accordance with section 9, the peace officer
(d) may take the person into custody and take the person to a medical facility, physician’s office or psychiatric facility for examination, and
(e) may require any assistance the peace officer considers necessary from any other peace officer or other person.
1969, c.13, s.10; 1985, c.4, s.43; 1989, c.23, s.5; 2017, c.4, s.1
Duties of peace officer or other person who takes person into custody
10.1A peace officer or other person who takes a person into custody under section 9 or 10 for the purpose of taking the person to a medical facility, physician’s office or psychiatric facility for examination shall promptly
(a) inform the person of the reasons for the detention and of the person’s right to retain and instruct counsel without delay, and
(b) tell the person where the person is being taken.
1989, c.23, s.5
Idem
10.2A peace officer or other person who takes a person into custody under section 9 or 10 for the purpose of taking the person to a medical facility, physician’s office or psychiatric facility for examination shall
(a) retain custody of the person until the person has been examined by a physician or psychiatrist, and
(b) with the person’s consent, return the person to the person’s residence or, if that is not practicable, to the place where the person was taken into custody, if a physician or psychiatrist advises the peace officer or other person that, in the opinion of the physician or psychiatrist, the person does not require hospitalization for the person’s mental condition.
1989, c.23, s.5
Authority of peace officer or other person who takes persons into custody
10.3Notwithstanding section 10.2, a peace officer or other person may release a person detained in the peace officer’s or other person’s custody under section 9 or 10 on the expiration of three hours after the person has been taken to a medical facility, physician’s office or psychiatric facility.
1989, c.23, s.5
Conduct of examination under section 9 or 10
11An examination referred to in section 9 or 10 shall be conducted as soon as reasonably possible.
1969, c.13, s.11; 1989, c.23, s.5
Order to admit a voluntary patient as an involuntary patient
12(1)An attending psychiatrist shall file an application on a form provided by the Minister with the chairman of the tribunal having jurisdiction for an order that a voluntary patient be admitted to a psychiatric facility as an involuntary patient, and in any such case paragraph 8(3)(b), subsections 8(4) and (5) and sections 8.01, 8.1 and 8.11 apply with the necessary modifications, if the attending psychiatrist is of the opinion that
(a) the voluntary patient in a psychiatric facility suffers from a serious mental illness,
(b) the voluntary patient’s recent behaviour demonstrates that, because of the serious mental illness, the patient is likely to cause serious harm to himself or herself or to another person or to suffer substantial mental or physical deterioration,
(c) the voluntary patient is not suitable to be continued as a voluntary patient, and
(d) less restrictive measures would be inappropriate.
12(2)An attending psychiatrist who files an application with the chairman of a tribunal under subsection (1) shall inform the patient of the reasons for the application and of the patient’s right to retain and instruct counsel without delay.
12(3)If an application is filed with the chairman of a tribunal under subsection (1) the administrator shall in writing notify the patient’s nearest relative of the application and of the patient’s right to retain and instruct counsel without delay.
1969, c.13, s.12; 1989, c.23, s.5; 2014, c.19, s.9; 2017, c.4, s.1
Review, continuation and expiration of detention as an involuntary patient
13(1)The detention of a person admitted to a psychiatric facility as an involuntary patient shall be reviewed in accordance with the provisions of this Act and, subject to subsections (2) and (3), the period of detention of an involuntary patient may be continued on the completion of a certificate of detention on a form provided by the Minister
(a) in the case of a first certificate of detention, by the attending psychiatrist on personal examination,
(b) in the case of a second certificate of detention, by two psychiatrists, one being the attending psychiatrist, on personal examination, or
(c) in the case of a third or subsequent certificate of detention, by a review board on the recommendation of the attending psychiatrist.
13(2)A psychiatrist shall not complete a certificate of detention or recommend continued detention to a review board unless the psychiatrist is of the opinion that
(a) the person suffers from a serious mental illness,
(b) the person’s recent behaviour demonstrates that, because of the serious mental illness, the person is likely to cause serious harm to himself or herself or to another person or to suffer substantial mental or physical deterioration,
(c) the person is not suitable for admission as a voluntary patient, and
(d) less restrictive alternatives would be inappropriate.
13(3)An attending psychiatrist who intends to recommend continued detention to a review board shall file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for a certificate of detention.
13(4)A certificate of detention is sufficient authority to detain an involuntary patient as follows:
(a) a first certificate of detention may continue the detention period for not more than one month after the authorized period of detention under an order made by a tribunal under section 8.1,
(b) a second certificate of detention may continue the detention period for not more than two months after the date of expiration of the first certificate of detention, and
(c) a third or subsequent certificate of detention may continue the detention period for not more than three months after the date of expiration of the last certificate issued.
13(5)If a first or second certificate of detention is completed under this section, the attending psychiatrist shall inform the involuntary patient of the completion of the certificate of detention and of the right of the patient, or of any person acting on behalf of the patient, to file an application under section 31 with the chairman of the review board having jurisdiction.
13(6)If a first or second certificate of detention is completed under this section, the administrator shall in writing notify the involuntary patient’s nearest relative of the completion of the certificate of detention and of the right of the patient, or of any person acting on behalf of the patient, to file an application under section 31 with the chairman of the review board having jurisdiction.
13(7)A person who is detained under a certificate of detention continues to be an involuntary patient for the purposes of this Act, and the provisions of this Act in relation to involuntary patients apply to a person so detained.
13(8)When the authorized period of detention of an involuntary patient has expired, the involuntary patient shall be deemed to be a voluntary patient, and the administrator shall in writing notify the patient and the patient’s nearest relative that
(a) the patient has become a voluntary patient, and
(b) the patient has a right to leave the psychiatric facility.
13(9)An involuntary patient whose authorized period of detention has not expired may be continued as a voluntary patient upon completion of a form provided by the Minister by the attending psychiatrist, and the administrator shall in writing notify the patient and the patient’s nearest relative that
(a) the patient has become a voluntary patient, and
(b) the patient has a right to leave the psychiatric facility.
13(10)When the authorized period of detention of an involuntary patient has expired, or when an involuntary patient is continued as a voluntary patient, all authorities and responsibilities in relation to detention, observation, examination, assessment, restraint, treatment and care that were associated with the patient’s involuntary status are terminated.
1969, c.13, s.13; 1976, c.12, s.2; 1989, c.23, s.5; 2014, c.19, s.10; 2017, c.4, s.1
Effect of certificate of detention
13.1Subject to subsections 13(8), 13(9) and 13(10), a certificate of detention preserves in full force and effect
(a) an order made by a tribunal under section 8.1,
(b) all authorities and responsibilities resulting from an order made by a tribunal under section 8.1,
(c) an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment, and
(d) all authorities resulting from an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment.
1989, c.23, s.5
Transitional provision
13.2(1)A person who is detained under the authority of this Act in a psychiatric facility on an involuntary basis immediately before the commencement of this section shall be deemed, on the commencement of this section, to have been admitted under an order made by a tribunal under section 8.1, to be the subject of an order made by a tribunal under section 8.11 authorizing the giving of routine clinical medical treatment without consent, and to be an involuntary patient for the purposes of this Act, and the provisions of this Act in relation to involuntary patients apply to such persons.
13.2(2)If a person referred to in subsection (1) has been detained in a psychiatric facility on an involuntary basis
(a) for a period of less than three months, the person shall be deemed to be detained under a first certificate of detention which shall be reviewed within one month after the commencement of this section and the detention of the person may be continued in accordance with section 13,
(b) for a period of three months or more but less than six months, the person shall be deemed to be detained under a second certificate of detention which shall be reviewed within two months after the commencement of this section and the detention of the person may be continued in accordance with section 13, and
(c) for a period of six months or more, the person shall be deemed to be detained under a third certificate of detention which shall be reviewed within three months after the commencement of this section and the detention of the person may be continued in accordance with section 13.
13.2(3)Notwithstanding subsection (2), a review shall be conducted within such shorter period of time as is necessary to ensure that a detention is reviewed before the time at which a person’s authorized period of detention would, but for subsections (1) and (2), expire.
1989, c.23, s.5
Repealed
14Repealed: 1990, c.22, s.30
1969, c.13, s.14; 1989, c.23, s.5; 1990, c.22, s.30
Repealed
15Repealed: 1990, c.22, s.30
1969, c.13, s.15; 1989, c.23, s.5; 1990, c.22, s.30
Repealed
16Repealed: 1990, c.22, s.30
1969, c.13, s.16; 1989, c.23, s.5; 1990, c.22, s.30
Access to clinical record
16.1(1)A person who has reached the age of sixteen years and is mentally competent is entitled to examine and to copy the clinical record of, or a copy of the clinical record of, the observation, examination, assessment, restraint, care and treatment of that person in a psychiatric facility.
16.1(2)Subject to subsection (3), the administrator shall give the person access to the clinical record.
16.1(3)The administrator, within seven days after the person asks to examine the clinical record, may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether the disclosure of all or part of the clinical record is likely to result in serious harm to the treatment or recovery of the person while the person is a patient or is likely to result in serious physical or psychological harm to another person.
16.1(4)On receipt by the chairman of the review board of an application under subsection (3), the review board shall review the clinical record and by order shall direct the administrator to give the person access to the clinical record or to a copy of it unless the review board is of the opinion that disclosure of the clinical record is likely to result in serious harm to the treatment or recovery of the person while the person is a patient or is likely to result in serious physical or serious psychological harm to another person.
16.1(5)If, in the review board’s opinion, disclosure of a part of the clinical record is likely to have a result mentioned in subsection (3), the review board shall mark or separate the part and exclude the marked or separated part from the application of the order.
16.1(6)The person and the administrator are each entitled to make submissions to the review board in the absence of the other before the review board makes its decision on an application under subsection (3).
16.1(7)If the person is allowed to examine all or a part of the clinical record, or a copy of all or a part of the clinical record, the person is entitled
(a) to request correction of the information in the clinical record, if the person believes there is an error or omission in the clinical record,
(b) to require that a statement of disagreement be attached to the clinical record reflecting any correction that is requested but not made, and
(c) to require that notice of the amendment or statement of disagreement be given to any person or organization to whom the clinical record was disclosed within the year before the amendment was requested or the statement of disagreement was required.
1989, c.23, s.5; 2014, c.19, s.11
Repealed
17Repealed: 2017, c.29, s.6
1969, c.13, s.17; 1989, c.23, s.5; 1993, c.50, s.2; 1999, c.32, s.10; 2004, c.8, s.4; 2005, c.P-26.5, s.28; 2013, c.47, s.5; 2017, c.29, s.6
Orders and dispositions under the Provincial Offences Procedure Act and the Criminal Code (Canada)
18Any person in relation to whom an order for examination has been made under the Provincial Offences Procedure Act or in relation to whom an assessment order or a disposition has been made under the Criminal Code (Canada), may be admitted to, detained in and discharged from a psychiatric facility in accordance with the law.
1969, c.13, s.18; 1989, c.23, s.5; 1993, c.50, s.2
Communication written by or sent to a patient
19No person shall open, examine, withhold or in any way obstruct or delay any communication written by or sent to a patient.
1969, c.13, s.19; 1989, c.23, s.5
Leave of absence from psychiatric facility
20(1)The administrator of a psychiatric facility may, on the advice of the attending psychiatrist and on such terms and conditions as the administrator may establish, place a patient on leave of absence from the psychiatric facility for a designated period of not more than ten days, if the intention is that the patient shall return to the psychiatric facility.
20(2)The administrator shall not place a patient on leave of absence under subsection (1) unless the patient consents to the leave.
20(3)Subject to subsections 13(8), 13(9) and 13(10), if an involuntary patient is placed on leave of absence under subsection (1), the following orders, authorities and responsibilities remain in full force and effect while the patient is on leave of absence:
(a) an order made by a tribunal under section 8.1;
(b) all authorities and responsibilities resulting from an order made by a tribunal under section 8.1;
(c) an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment; and
(d) all authorities resulting from an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment.
20(4)An involuntary patient who is placed on leave of absence under subsection (1) continues, subject to subsections 13(8) and 13(9), to be an involuntary patient for the purposes of this Act and the provisions of this Act in relation to involuntary patients continue to apply to an involuntary patient who is placed on leave of absence under subsection (1).
1969, c.13, s.20; 1989, c.23, s.5
Application of section 20
21Section 20 does not apply to a patient who is subject to detention other than under this Act.
1969, c.13, s.21; 1989, c.23, s.5
Approved home
22The Minister may issue a certificate approving a building, premises or place as an approved home for the placement of discharged patients.
1969, c.13, s.22; 1989, c.23, s.5; 2014, c.19, s.26
Payments re discharged patients in approved homes
23Payments for the care and maintenance of discharged patients in approved homes may be made in accordance with the regulations.
1969, c.13, s.23; 1989, c.23, s.5
Absence from psychiatric facility without authorization
24(1)If an involuntary patient is absent from a psychiatric facility without authorization, the patient may be apprehended without a warrant by a peace officer or other person at any time within forty-eight hours after the patient’s absence becomes known to the administrator.
24(2)An involuntary patient who is absent from a psychiatric facility without authorization may be returned within fourteen days after the patient’s absence becomes known to the administrator by any peace officer or other person under the authority of an order on a form provided by the Minister issued by the administrator.
24(3)An involuntary patient who is being returned to a psychiatric facility under this section may be taken to and confined in a place of detention for a period not exceeding seventy-two hours.
24(4)An involuntary patient who has not returned within fourteen days after the patient’s absence has become known to the administrator shall, unless subject to detention other than under this Act, be deemed to have been discharged from the psychiatric facility.
24(5)No person shall wilfully do or omit to do any act for the purpose of aiding, assisting, abetting or counselling an involuntary patient in a psychiatric facility to be absent without authorization.
1969, c.13, s.24; 1985, c.4, s.43; 1989, c.23, s.5; 2014, c.19, s.12
Transfer to another psychiatric facility
25(1)On the advice of the attending psychiatrist, the administrator of a psychiatric facility may, if otherwise permitted by law and subject to arrangements being made with the administrator of another psychiatric facility, transfer a patient to that other psychiatric facility upon completing a memorandum of transfer on a form provided by the Minister.
25(2)Subject to subsections 13(8), 13(9) and 13(10), if an involuntary patient is transferred under subsection (1), the following orders, authorities and responsibilities remain in full force and effect in the psychiatric facility to which the patient is transferred:
(a) an order made by a tribunal under section 8.1;
(b) all authorities and responsibilities resulting from an order made by a tribunal under section 8.1;
(c) an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment; and
(d) all authorities resulting from an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment.
25(3)An involuntary patient who is transferred to another psychiatric facility under subsection (1) continues, subject to subsections 13(8) and 13(9), to be an involuntary patient for the purposes of this Act and the provisions of this Act in relation to involuntary patients continue to apply to an involuntary patient who is transferred to another psychiatric facility under subsection (1).
1969, c.13, s.25; 1989, c.23, s.5; 2014, c.19, s.13
Transfer to another facility
26(1)On the advice of the attending psychiatrist that a patient requires care or treatment that cannot be supplied in the psychiatric facility, the administrator may, if otherwise permitted by law, transfer the patient for that purpose to a facility where such care or treatment is available and return the patient to the psychiatric facility upon the conclusion of such care or treatment.
26(2)Subject to subsections 13(8), 13(9) and 13(10), if an involuntary patient is transferred under subsection (1), the following orders, authorities and responsibilities remain in full force and effect in the facility to which the patient is transferred:
(a) an order made by a tribunal under section 8.1;
(b) all authorities and responsibilities resulting from an order made by a tribunal under section 8.1;
(c) an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment; and
(d) all authorities resulting from an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment.
26(3)An involuntary patient who is transferred to another facility under subsection (1) continues, subject to subsections 13(8) and 13(9), to be an involuntary patient for the purposes of this Act and the provisions of this Act in relation to involuntary patients continue to apply to an involuntary patient who is transferred to another facility under subsection (1).
1969, c.13, s.26; 1989, c.23, s.5
Transfer to a psychiatric facility in another jurisdiction
27(1)If the Executive Director has reason to believe that it would be in the best interests of an involuntary patient in a psychiatric facility in the Province to be hospitalized in a psychiatric facility in another jurisdiction, the Executive Director, with the approval of a review board and on compliance with the laws respecting hospitalization in that jurisdiction, may by order on a form provided by the Minister authorize the patient’s transfer to and detention in that facility.
27(2)The approval of a review board under subsection (1) is not required if the patient consents to the transfer.
27(3)The Executive Director, if seeking the approval of a review board for the purposes of subsection (1), shall file an application on a form provided by the Minister with the chairman of the review board having jurisdiction.
27(4)A review board, on an application under subsection (3), if satisfied that the transfer is in the best interests of the patient, shall give its approval for the transfer.
1969, c.13, s.27; 1976, c.12, s.3; 1989, c.23, s.5; 2014, c.19, s.14; 2017, c.4, s.1
Admission of a patient from another jurisdiction
28(1)If the Executive Director has reason to believe that it would be in the best interests of a patient in a psychiatric facility in another jurisdiction to be hospitalized in a psychiatric facility in the Province, the Executive Director may by order on a form provided by the Minister authorize the patient’s transfer and admission to a psychiatric facility in the Province.
28(2)A patient transferred to a psychiatric facility under subsection (1) shall be admitted to the psychiatric facility in accordance with section 7 or 8.
1969, c.13, s.28; 1976, c.12, s.3; 1989, c.23, s.5; 2014, c.19, s.15; 2017, c.4, s.1
Discharge of a patient from a psychiatric facility
29(1)A patient shall be discharged from a psychiatric facility when the patient is no longer in need of the observation, examination, assessment, restraint, care and treatment provided in the facility.
29(2)Subsection (1) does not authorize the discharge into the community of a patient who is subject to detention otherwise than under this Act.
1969, c.13, s.29; 1989, c.23, s.5
Review Boards
30(1)There shall be one or more review boards appointed by the Lieutenant-Governor in Council in accordance with the Regulations.
30(2)Repealed: 2017, c.4, s.1
30(3)Repealed: 2017, c.4, s.1
30(4)Repealed: 2017, c.4, s.1
30(5)Repealed: 2017, c.4, s.1
30(6)Repealed: 2017, c.4, s.1
30(7)For the purposes of any hearing held or inquiry conducted by a review board under this Act, the members of the review board have all the powers conferred upon commissioners under the Inquiries Act.
30(8)No action, prosecution or other proceeding shall be brought or be instituted against a review board, a person who is a member of a review board, or a person who makes an application to a review board, for any act done or purporting to be done in relation to an application to a review board unless it appears that the act was done without reasonable cause, and with actual malice, and wholly without jurisdiction.
1969, c.13, s.30; 1979, c.41, s.80; 1989, c.23, s.5; 2017, c.4, s.1
Order by review board authorizing the giving of routine clinical medical treatment without consent
30.1(1)If a tribunal refuses to make an order under section 8.11 authorizing the giving of routine clinical medical treatment without consent, the attending psychiatrist may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether routine clinical medical treatment should be given to an involuntary patient without consent.
30.1(2)An application under subsection (1) shall be accompanied by a statement setting forth the facts and opinions on which the application is based.
30.1(3)Notwithstanding subsection 32(1), on receipt by the chairman of a review board of an application under subsection (1), the review board shall, within five days after receipt of the application, conduct a preliminary inquiry to determine if
(a) there is sufficient cause to conduct an inquiry, and
(b) routine clinical medical treatment should be commenced without consent before an inquiry has been conducted and a determination made in relation to the application.
30.1(4)If the review board determines that there is sufficient cause to conduct an inquiry in relation to an application under subsection (1), the review board
(a) shall conduct an inquiry and may hold a hearing, and
(b) may make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient until such time as the inquiry has been conducted and a determination made in relation to the application.
30.1(5)In dealing with an application under subsection (1), the review board shall consider the evidence that was before the tribunal and any additional evidence that is brought before it by any of the parties.
30.1(6)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has not reached the age of sixteen years, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(b) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.1(6.1)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has reached the age of sixteen years but who is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that any known previous refusal to give consent in relation to routine clinical medical treatment while the involuntary patient was mentally competent to give or refuse to give consent
(i) does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(ii) is not current,
(iii) does not apply to the involuntary patient’s present circumstance, or
(iv) has been revoked or revised by subsequent consent or by a subsequently accepted treatment program while the involuntary patient was mentally competent to give or refuse to give consent,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.1(6.2)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has reached the age of sixteen years and who is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, but who refuses to give consent in relation to the treatment, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that the refusal does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.1(7)In determining the best interests of the involuntary patient under subsections (6), (6.1) and (6.2), the review board shall have regard to the issues set out in subsection 8.11(4).
30.1(8)An order under this section is sufficient authority for the attending psychiatrist to give to an involuntary patient, without consent, such routine clinical medical treatment as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5; 1993, c.50, s.2; 2014, c.19, s.16
Idem
30.2(1)If an involuntary patient who had reached the age of sixteen years at the time of admission, who was mentally competent to give or refuse to give consent in relation to routine clinical medical treatment at that time and who gave consent to such treatment later refuses to give such consent or becomes mentally incompetent to give or to refuse to give such consent, the attending psychiatrist may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether routine clinical medical treatment should be given without consent.
30.2(2)An application filed with the chairman of a review board under subsection (1) shall be accompanied by
(a) the attending psychiatrist’s certificate on a form provided by the Minister to the effect that
(i) the person who is the subject of the application is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, or
(ii) the person who is the subject of the application is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment but refuses to give such consent; and
(b) a statement setting forth any other opinions of the attending psychiatrist and facts upon which the application is based.
30.2(3)An attending psychiatrist shall include in a certificate under subparagraph (2)(a)(i) reasons for the attending psychiatrist’s opinion that the person to whom the certificate relates is not mentally competent to give or refuse to give consent in relation to routine clinical medical treatment.
30.2(4)Notwithstanding subsection 32(1), on receipt by the chairman of a review board of an application under subsection (1), the review board shall, within five days after receipt of the application, conduct a preliminary inquiry to determine if
(a) there is sufficient cause to conduct an inquiry, and
(b) routine clinical medical treatment should be commenced without consent before an inquiry has been conducted and a determination made in relation to the application.
30.2(5)If the review board determines that there is sufficient cause to conduct an inquiry in relation to an application under subsection (1), the review board
(a) shall conduct an inquiry and may hold a hearing, and
(b) may make an order authorizing the giving of routine clinical medical treatment to the involuntary patient without consent until such time as the inquiry has been conducted and a determination made in relation to the application.
30.2(6)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who is, in the attending psychiatrist’s opinion, mentally competent to give or to refuse to give consent in relation to routine clinical medical treatment, but who refuses to give consent in relation to the treatment, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that the refusal does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.2(6.1)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who is not, in the attending psychiatrist’s opinion, mentally competent to give or to refuse to give consent in relation to routine clinical medical treatment, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that any known previous refusal to give consent in relation to routine clinical medical treatment while the involuntary patient was mentally competent to give or refuse to give consent
(i) does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(ii) is not current,
(iii) does not apply to the involuntary patient’s present circumstance, or
(iv) has been revoked or revised by subsequent consent or by a subsequently accepted treatment program while the involuntary patient was mentally competent to give or refuse to give consent,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.2(7)In determining the best interests of the involuntary patient under subsections (6) and (6.1), the review board shall have regard to the issues set out in subsection 8.11(4).
30.2(8)An order under this section is sufficient authority for the attending psychiatrist to give to an involuntary patient, without consent, such routine clinical medical treatment as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5; 1993, c.50, s.2; 2014, c.19, s.17
Order by review board authorizing the giving of specified psychiatric treatment without consent
30.3(1)An attending psychiatrist may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether specified psychiatric treatment, other than routine clinical medical treatment, should be given without consent if the attending psychiatrist is of the opinion that specified psychiatric treatment other than routine clinical medical treatment should be given to an involuntary patient
(a) who has not reached the age of 16 years,
(b) who has reached the age of 16 years but who, in the attending psychiatrist’s opinion, is not mentally competent to give or refuse to give consent in relation to the treatment, or
(c) who has reached the age of 16 years and is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to the treatment, but who refuses to do so.
30.3(2)An application filed with the chairman of a review board under subsection (1) shall be accompanied by
(a) if the attending psychiatrist is seeking an order authorizing the giving of specified psychiatric treatment without consent to an involuntary patient who has reached the age of sixteen years, the attending psychiatrist’s certificate on a form provided by the Minister to the effect that
(i) the person who is the subject of the application is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to the specified psychiatric treatment, or
(ii) the person who is the subject of the application is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to the specified psychiatric treatment but refuses to give such consent;
(b) a statement setting forth any other opinions of the attending psychiatrist and facts on which the application is based;
(c) a description of the proposed treatment; and
(d) a statement from another psychiatrist setting forth that other psychiatrist’s opinions in support of the application.
30.3(3)A certificate under subparagraph (2)(a)(i) and a statement under paragraph (2)(d) shall include reasons for an opinion that the person to whom the certificate or statement relates is not mentally competent to give or refuse to give consent in relation to the specified psychiatric treatment.
30.3(4)Notwithstanding subsection 32(1), on receipt by the chairman of a review board of an application under subsection (1), the review board shall, within five days after receipt of the application, conduct a preliminary inquiry to determine if
(a) there is sufficient cause to conduct an inquiry, and
(b) specified psychiatric treatment should be commenced without consent before an inquiry has been conducted and a determination made in relation to the application.
30.3(5)If the review board determines that there is sufficient cause to conduct an inquiry in relation to an application under subsection (1), the review board
(a) shall conduct an inquiry and may hold a hearing, and
(b) may make an order authorizing the giving of specified psychiatric treatment to the involuntary patient without consent until such time as the inquiry has been conducted and a determination made in relation to the application.
30.3(6)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has not reached the age of sixteen years, make an order authorizing the giving of specified psychiatric treatment without consent to the involuntary patient if
(a) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(b) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.3(6.1)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has reached the age of sixteen years but who is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to the specified psychiatric treatment, make an order authorizing the giving of specified psychiatric treatment without consent to the involuntary patient if
(a) it is of the opinion that any known previous refusal to give consent in relation to the specified psychiatric treatment while the involuntary patient was mentally competent to give or refuse to give consent
(i) does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(ii) is not current,
(iii) does not apply to the involuntary patient’s present circumstance, or
(iv) has been revoked or revised by subsequent consent or by a subsequently accepted treatment program while the involuntary patient was mentally competent to give or refuse to give consent,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.3(6.2)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has reached the age of sixteen years and who is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to the specified psychiatric treatment, but who refuses to give consent in relation to the treatment, make an order authorizing the giving of specified psychiatric treatment without consent to the involuntary patient if
(a) it is of the opinion that the refusal does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.3(7)In determining the best interests of the involuntary patient under subsection (6), (6.1) or (6.2), the review board shall have regard to the issues set out in subsection 8.11(4) as they relate to the specified psychiatric treatment.
30.3(8)An order under this section is sufficient authority for the attending psychiatrist to give to the involuntary patient, without consent, the psychiatric treatment specified in the order.
1989, c.23, s.5; 1993, c.50, s.2; 2014, c.19, s.18
Application for inquiry by review board
31(1)An involuntary patient, or any person on behalf of an involuntary patient, may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether
(a) the involuntary patient suffers from a serious mental illness,
(b) the involuntary patient’s recent behaviour demonstrates that, because of the serious mental illness, the patient is likely to cause serious harm to himself or herself or to another person or to suffer substantial mental or physical deterioration,
(c) the involuntary patient is not suitable for admission as a voluntary patient,
(d) less restrictive alternatives would be inappropriate, and
(e) the involuntary patient requires hospitalization in the interests of the patient’s own safety or the safety of others.
31(2)An application may be filed under subsection (1) when any certificate of detention in relation to the patient comes into force.
31(3)An application may be filed under subsection (1) at any time by the Minister, the Executive Director or the administrator in respect of any involuntary patient.
1969, c.13, s.31; 1989, c.23, s.5; 2014, c.19, s.19; 2014, c.19, s.26; 2017, c.4, s.1
Inquiry by review board re routine clinical medical treatment
31.1(1)If an involuntary patient or any other person is of the opinion that a treatment being given to the involuntary patient is not routine clinical medical treatment as authorized under section 8.11, 30.1 or 30.2 or is not the specified psychiatric treatment authorized under section 30.3, the involuntary patient or other person may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether the treatment being given to the involuntary patient is the treatment authorized.
31.1(2)An application under subsection (1) shall be accompanied by a statement setting forth the facts and opinions on which the application is based.
31.1(3)Notwithstanding subsection 32(1), on receipt by the chairman of a review board of an application under subsection (1), the review board shall, within five days after receipt of the application, conduct a preliminary inquiry to determine if
(a) there is sufficient cause to conduct an inquiry, and
(b) any treatment that is being given to the involuntary patient should be discontinued until such time as an inquiry has been conducted and a determination made in relation to the application.
31.1(4)If the review board determines that there is sufficient cause to conduct an inquiry, the review board
(a) shall conduct an inquiry and may hold a hearing, and
(b) may order that any treatment being given to the involuntary patient be discontinued until such time as the inquiry has been conducted and a determination made in relation to the application.
31.1(5)Notwithstanding section 33, if an inquiry is conducted under this section, the chairman of the review board shall prepare a written report of the review board’s decision and transmit a copy to the administrator, to the patient, to the patient’s nearest relative, to the applicant if the applicant is not the patient, and to the attending psychiatrist within fourteen days after the conclusion of the preliminary inquiry, and failure to do so revokes the authority to give the treatment that is the subject of the inquiry.
1989, c.23, s.5; 2014, c.19, s.20.
Inquiry by review board
32(1)On receipt by the chairman of a review board of an application in writing, the chairman shall give notice of the application to the administrator, to the patient and the patient’s nearest relative if the patient or someone acting on behalf of the patient is not the applicant, and to the person to whom the application relates if that person is not a patient, and the review board shall conduct such inquiry as it considers necessary to reach a decision and may hold a hearing, which in the discretion of the review board may be in camera, for the purpose of receiving oral testimony.
32(1.1)The review board shall conduct an inquiry as follows:
(a) if an application is received under section 31, within five days; or
(b) if an application is received under section 13, within ten days.
32(1.2)If a hearing is held, the chairman of the review board shall give notice of the date, time and place of the hearing to
(a) the administrator,
(b) the patient,
(c) the patient’s nearest relative,
(d) the attending psychiatrist,
(e) if the person to whom the application relates is not a patient, that person, and
(f) the applicant if the applicant is not one of the persons referred to in paragraphs (a) to (e).
32(2)If a hearing is held, the following persons have a right to be present:
(a) the patient,
(b) the person to whom the application relates if that person is not a patient,
(c) the applicant if the applicant is not one of the persons referred to in paragraphs (a) and (b),
(d) the representatives of the patient or person referred to in paragraph (b) and of the person referred to in paragraph (c), and
(e) any other person having an interest in the matter, as determined by the review board.
32(3)If a hearing is held, the patient or, if the application relates to a person who is not a patient, that person, and the patient’s or person’s representative may call witnesses, cross-examine witnesses and make submissions.
32(4)A review board or any member of the review board may interview a patient or any other person in private.
32(5)A review board may engage independent medical, psychiatric or other professional persons to present evidence and make submissions with regard to any matter heard by the board.
1969, c.13, s.32; 1989, c.23, s.5
Written report of decision of review board
33(1)On the conclusion of an inquiry, the chairman of the review board shall prepare a written report of the decision of the review board and within the time prescribed by regulation transmit a copy of the report to the persons referred to in subsection 32(1.2) and to the Executive Director.
33(2)On receipt of a copy of the review board’s report of the decision, the administrator shall take any action required to give effect to the decision.
1969, c.13, s.33; 1989, c.23, s.5; 2017, c.4, s.1
Persons subject to detention other than under the Act
34Nothing in section 33 shall permit the discharge into the community of a person who is subject to detention other than under this Act.
1969, c.13, s.34; 1989, c.23, s.5
II.I
SUPERVISED COMMUNITY CARE PLAN
2017, c.4, s.1
Supervised community care plan
2017, c.4, s.1
34.01After evaluating a person who is suffering from a serious mental illness, a psychiatrist may establish a supervised community care plan for the person, if the person meets the following conditions:
(a) the person is suffering from a serious mental illness that
(i) is continuous in nature,
(ii) severely limits the person’s functioning in the community, and
(iii) requires care and treatment; and
(b) the person is a patient or former patient who was admitted to a psychiatric facility or, in the opinion of the psychiatrist, the person has a pattern of behaviour while living in the community that demonstrates that, because of the serious mental illness, the person is likely to cause serious harm to himself or herself or to another person or to suffer substantial mental or physical deterioration.
2017, c.4, s.1
Consent
2017, c.4, s.1
34.02(1)Consent to a supervised community care plan is required from the person who is subject to the plan or, in the case of a person who is not mentally competent, by the substitute decision-maker under section 8.6.
34.02(2)Despite subsection (1), a psychiatrist may make an application to the review board having jurisdiction to have a person who is not mentally competent be made subject to a supervised community care plan in the absence of consent by the substitute decision-maker, if the psychiatrist is of the opinion that it is in the best interests of the person.
2017, c.4, s.1
Duration of plan
2017, c.4, s.1
34.03(1)A supervised community care plan comes into effect on
(a) the date set out in the plan, in a case referred to in subsection 34.02(1), or
(b) the date indicated by the review board, if the plan is confirmed by the board, in a case referred to in subsection 34.02(2).
34.03(2)A supervised community care plan remains in effect for one year following the date on which the plan comes into effect.
2017, c.4, s.1
Content of plan
2017, c.4, s.1
34.04(1)A supervised community care plan shall be developed in collaboration with the person who is subject to the plan or the substitute decision-maker and the health professionals who have agreed to provide care, treatment or supervision in accordance with the plan.
34.04(2)A supervised community care plan shall contain
(a) the person’s individualized plan of care, treatment and supervision,
(b) the conditions relating to the care, treatment and supervision,
(c) the obligations of the person who is subject to the plan,
(d) the obligations of the substitute decision-maker, if applicable,
(e) the name of the psychiatrist who has agreed to accept responsibility for the general supervision and management of the plan,
(f) the names and obligations of the health professionals who have agreed to provide care, treatment or supervision in accordance with the plan,
(g) the contact information and a description of the role of the psychiatric patient advocate services,
(h) the reason for the issuance, amendment or renewal of the plan and the authority under section 34.02 for the issuance, amendment or renewal, and
(i) a description of the role of the review board.
34.04(3)A psychiatrist may make amendments to a supervised community care plan with respect to medication dosage and appointment frequency and shall advise
(a) the person who is subject to the plan or the substitute decision-maker, if applicable, and
(b) the health professionals named in the plan.
2017, c.4, s.1
Copy of plan
2017, c.4, s.1
34.05Before a supervised community care plan comes into effect, a copy of the plan shall be provided to
(a) the person who is subject to the plan,
(b) the substitute decision-maker, if applicable,
(c) the health professionals named in the plan, and
(d) the psychiatric patient advocate.
2017, c.4, s.1
Failure to comply with plan
2017, c.4, s.1
34.06(1)A psychiatrist who has reasonable grounds to believe that a person who is subject to a supervised community care plan is not meeting his or her obligations under the plan shall
(a) make reasonable efforts to inform the person or the substitute decision-maker, if applicable, and
(b) provide reasonable assistance to the person to enable him or her to meet his or her obligations.
34.06(2)A psychiatrist may issue a certificate of non-compliance with a supervised community care plan if he or she considers it appropriate.
34.06(3)A certificate under subsection (2) expires 30 days after its issuance.
34.06(4)A certificate under subsection (2) is sufficient authority for a peace officer to take into custody the person named in the certificate, without a warrant, and to take that person to a medical facility, psychiatric facility or physician’s office where the person may be detained for medical examination.
34.06(5)A peace officer who takes a person into custody under subsection (4) shall
(a) retain custody of the person until the person has been examined by a psychiatrist or physician, and
(b) if a psychiatrist or physician advises the peace officer that, in the opinion of the psychiatrist or physician, the person does not require hospitalization for the person’s mental condition, return the person, with the person’s consent, to the person’s residence or, if that is not practicable, to the place where the person was taken into custody.
34.06(6)Despite subsection (5), a peace officer may release a person detained in the peace officer’s custody under subsection (4) on the expiration of three hours after the person has been taken to a medical facility, psychiatric facility or physician’s office.
34.06(7)A psychiatrist or a physician shall examine the person who is subject to a certificate of non-compliance as soon as possible to determine whether
(a) the psychiatrist or the physician should issue an examination certificate under section 7.1, or
(b) the current supervised community care plan should be followed.
2017, c.4, s.1
Withdrawing of consent
2017, c.4, s.1
34.07(1)A person’s consent to a supervised community care plan is withdrawn 30 days after the person provides written notice to the psychiatrist of his or her intention to withdraw consent.
34.07(2)A supervised community care plan is no longer in effect on withdrawal of consent.
2017, c.4, s.1
Renewal
2017, c.4, s.1
34.08(1)The review board may renew the supervised community care plan after a hearing to review the plan under subsection 34.1(3).
34.08(2)Subject to subsection 34.04(3), a psychiatrist shall not make amendments to a supervised community care plan on renewal unless he or she obtains the approval of
(a) the person who is subject to the plan or the substitute decision-maker, if applicable, and
(b) the health professionals named in the plan.
2017, c.4, s.1
Cancellation
2017, c.4, s.1
34.09A psychiatrist who establishes a supervised community care plan or the review board may cancel the plan at any time.
2017, c.4, s.1
Review by the Board
2017, c.4, s.1
34.1(1)If a supervised community care plan is established with the consent of the person who is subject to the plan or the substitute decision-maker, the review board shall review the plan within six weeks after its commencement.
34.1(2)If a psychiatrist makes an application to the review board under subsection 34.02(2), the Board shall conduct a hearing within 10 business days after the date the application is filed.
34.1(3)If the review board confirms the establishment of a supervised community care plan, the Board shall conduct a hearing to review the plan in each year that follows the confirmation.
34.1(4)Despite subsection (3), the person who is subject to a supervised community care plan or the substitute decision-maker may make a request to the review board to have one additional hearing in each year.
34.1(5)A psychiatrist who establishes a supervised community care plan shall be present at a review board hearing under this section.
2017, c.4, s.1
Review of this Part
2017, c.4, s.1
34.2The Minister shall initiate a review of this Part, and the review shall be completed no later than November 1, 2022, and every five years after that.
2017, c.4, s.1
III
ESTATES
Rights and powers of Public Trustee upon becoming committee of estate of patient
35(1)Repealed: 2005, c.P-26.5, s.28
35(2)The Public Trustee, where he becomes committee of the estate of a patient under this Act, has and may exercise all the rights and powers with respect to the estate of the patient that the patient would have if of full age and of sound and disposing mind.
35(3)Repealed: 2005, c.P-26.5, s.28
35(4)Repealed: 2005, c.P-26.5, s.28
1969, c.13, s.35; 1989, c.23, s.6; 2005, c.P-26.5, s.28
Management of patient’s estate
36(1)Where a patient is admitted to a psychiatric facility, he shall be forthwith examined by the attending psychiatrist to determine whether he is competent to manage his estate.
36(2)The attending psychiatrist may examine a patient at any time to determine whether he is competent to manage his estate.
36(3)If, after an examination under subsection (1) or (2), the attending psychiatrist is of the opinion that the patient is not competent to manage his estate, he shall issue a certificate of incompetence in respect of that patient on a form provided by the Minister and the administrator shall forward the certificate to the Public Trustee.
36(4)Where it appears that the patient’s estate should be brought immediately under the management of the Public Trustee, and that a certificate of incompetence has been issued, the administrator shall notify the Public Trustee in the fastest manner possible that a certificate of incompetence has been issued.
36(5)Notwithstanding that no certificate of incompetence has been issued in his case, a patient may, at any time, in writing signed and sealed by him, appoint the Public Trustee as committee of his estate while he is a patient in a psychiatric facility, and any such appointment may be revoked by the patient at any time in writing signed and sealed by him.
36(5.1)If the Public Trustee becomes a committee of the estate of a patient in a psychiatric facility, the administrator shall obtain and forward to the Public Trustee a completed financial statement of the estate of the patient on a form provided by the Minister.
36(6)This section does not apply to a patient whose estate is under committeeship under the Infirm Persons Act.
1969, c.13, s.36; 1989, c.23, s.7; 2005, c.P-26.5, s.28; 2014, c.19, s.21
Committee of the estate of a patient
37(1)Notwithstanding that under the Infirm Persons Act a person other than the Public Trustee has been appointed as the committee of the estate of a patient, The Court of Queen’s Bench of New Brunswick may at any time upon the application of the Public Trustee appoint the Public Trustee as committee instead of the person appointed under that Act.
37(1.1)On appointment under subsection (1), the Public Trustee has all the powers, authority, rights, duties and responsibilities conferred or imposed upon him or her under this Act and the Public Trustee Act with regard to the management of estates of patients and a certificate of incompetence shall be deemed to have been issued.
37(2)If at any time a person other than the Public Trustee is appointed as committee of the estate of a patient under the Infirm Persons Act, the Public Trustee ceases to be the committee of the estate under this Act and shall account for and transfer to the committee so appointed the estate of the patient that has come into his or her hands.
37(3)An order under the Infirm Persons Act for the appointment of a person other than the Public Trustee as a committee of the estate of a patient shall not be made without the consent of the Public Trustee unless seven days notice of the petition has been given to the Public Trustee.
37(4)The acts of the Public Trustee while committee of the estate of a patient under this Act are not rendered invalid by the making of an order appointing another committee.
1969, c.13, s.37; 1979, c.41, s.80; 2005, c.P-26.5, s.28
Committee of the estate of a patient
38(1)The Public Trustee becomes committee of the estate of the patient and shall assume management of the estate upon receipt of an appointment under subsection 36(5).
38(2)Subject to subsection (3), the Public Trustee becomes committee of the estate of the patient and shall assume management of the estate
(a) upon receipt of a certificate of incompetence, or
(b) upon receipt of notice under subsection 36(4).
38(3)Where a patient is the donor of a power of attorney that contains the provision referred to in paragraph 58.2(1)(a) of the Property Act, the Public Trustee, notwithstanding receipt of the certificate referred to in paragraph (2)(a) or of the notice referred to in paragraph (2)(b), does not become committee under this Act of that part of the patient’s estate to which the power of attorney applies nor shall the Public Trustee assume management under this Act of that part of the patient’s estate.
1969, c.13, s.38; 1987, c.44, s.2; 2005, c.P-26.5, s.28
Cancellation of certificate of incompetence
39The attending psychiatrist may, after examining the patient for that purpose, cancel the patient’s certificate of incompetence, and in such case the administrator shall forward a notice of cancellation on a form provided by the Minister to the Public Trustee.
1969, c.13, s.39; 1989, c.23, s.8; 2005, c.P-26.5, s.28; 2014, c.19, s.22
Notice of continuance
40(1)A patient who is about to be discharged from a psychiatric facility and whose estate is being managed under this Act by the Public Trustee shall be examined by his attending psychiatrist to determine whether he will, upon discharge, be competent to manage his estate.
40(2)Where the attending psychiatrist is of the opinion, after the examination referred to in subsection (1), that the patient will not, upon discharge, be competent to manage his estate, he shall issue a notice of continuance on a form provided by the Minister and the administrator shall forward the notice to the Public Trustee.
1969, c.13, s.40; 1989, c.23, s.9; 2005, c.P-26.5, s.28; 2014, c.19, s.23
When the Public Trustee ceases to be committee
41The Public Trustee ceases to be committee of the estate of the patient under this Act and shall relinquish management of the estate under this Act
(a) upon receipt of notice of cancellation of the certificate of incompetence of the patient,
(b) upon receipt of a revocation in writing, signed and sealed by the patient, of an appointment referred to in subsection 36(5),
(c) upon receipt of notice of discharge of the patient, unless he has at that time received a notice of continuance, or
(d) upon the expiration of three months after the patient’s discharge, where a notice of continuance was received.
1969, c.13, s.41; 2005, c.P-26.5, s.28
Inquiry by review board as to competence to manage estate
42(1)Where a certificate of incompetence or a notice of continuance has been issued, the patient or discharged patient may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction to inquire into whether such patient or discharged patient is not competent to manage his estate.
42(2)Except that applications may be filed not more frequently than once in any twelve month period, sections 30, 31 and 32 apply mutatis mutandis to applications under subsection (1).
1969, c.13, s.42; 1989, c.23, s.10; 2014, c.19, s.24
Action as litigation guardian when the Public Trustee is committee
43No person, other than the Public Trustee, shall bring an action as litigation guardian of a person of whose estate the Public Trustee is committee under this Act or by an order made under this Act without the leave of a judge of the court in which the action is intended to be brought, and the Public Trustee shall be served with notice of the application for such leave.
1969, c.13, s.43; 1986, c.4, s.35; 2005, c.P-26.5, s.28
Service of documents on the Public Trustee and on patient
44When an action or proceeding is brought or taken against a patient in a psychiatric facility for whom a committee has not been appointed by the court and such action or proceeding is in connection with the estate of such a person, the writ or other document by which the proceedings are commenced and any other document requiring personal service shall be served upon the Public Trustee endorsed with the written statement of the name of the psychiatric facility in which the patient is located, and shall also be served upon the patient, unless in the opinion of the attending psychiatrist personal service upon the patient would cause serious harm to him by reason of his mental condition, in which case it shall also be served upon the administrator.
1969, c.13, s.44; 1989, c.23, s.11; 2005, c.P-26.5, s.28
Interest in proceeds of disposition of property by Public Trustee acting as committee
45A person of whose estate the Public Trustee is committee under this Act or by an order made under this Act and his heirs, executors, administrators, next of kin, legatees, devisees and assigns shall have the same interest in any money or other property, real or personal, arising from a sale, mortgage, exchange or other disposition by the Public Trustee acting as such committee as they would have had in the property that is the subject of the sale, mortgage, exchange or other disposition if no sale, mortgage, exchange or other disposition had been made, and the surplus money or property shall be of the same nature as the property sold, mortgaged, exchanged or disposed of.
1969, c.13, s.45; 2005, c.P-26.5, s.28
Voiding of power of attorney
46(1)Upon the Public Trustee becoming committee of the estate of a person by an order made under this Act or by an appointment under subsection 36(5), every power of attorney of such person is void.
46(2)Upon the Public Trustee becoming committee of the estate of a person under this Act, other than by an order made under this Act or by an appointment under subsection 36(5), every power of attorney of such person is void except those powers of attorney that contain the provision referred to in paragraph 58.2(1)(a) of the Property Act.
1969, c.13, s.46; 1987, c.44, s.2; 2005, c.P-26.5, s.28
Evidence that the Public Trustee is committee
47Any recital in a lease, mortgage or conveyance that a person is a patient in a psychiatric facility and that the Public Trustee is his or her committee under this Act is admissible in evidence as prima facie proof of the facts recited.
1969, c.13, s.47; 2005, c.P-26.5, s.28
When the powers of the Public Trustee as committee may be exercised
48The powers conferred upon the Public Trustee as committee of the estate of the patient under this Act may be exercised
(a) until the committeeship is terminated notwithstanding that the patient has been discharged from the psychiatric facility,
(b) to carry out and complete any transaction entered into by the patient before he became a patient in a psychiatric facility,
(c) to carry out and complete any transaction entered into by the committee before the committeeship has been terminated.
1969, c.13, s.48; 2005, c.P-26.5, s.28
Fees and reimbursement for expenses of committeeship
48.1With regard to acting as committee of the estate of a person under this Act, the Public Trustee may charge such fees as are provided for in the Public Trustee Act and the regulations under that Act and is entitled to be reimbursed for expenses in accordance with that Act.
2005, c.P-26.5, s.28
Repealed
49Repealed: 2005, c.P-26.5, s.28
1969, c.13, s.49; 2005, c.P-26.5, s.28
Fraudulent and void gifts, grants, alienations, conveyances and transfers of property
50Every gift, grant, alienation, conveyance or transfer of property made by a person who is or becomes a patient shall be deemed to be fraudulent and void as against the Public Trustee if the same was not made for full and valuable consideration actually paid or sufficiently secured to that person or if the purchaser or transferee has notice of his mental condition.
1969, c.13, s.50; 2005, c.P-26.5, s.28
Authority of Public Trustee to exercise powers of executor
51Upon the death of a patient and until letters probate of the will or letters of administration of the estate of the patient are granted to the Public Trustee or are granted to a person other than the Public Trustee and notice of the granting of the letters probate or letters of administration is given to the Public Trustee, the Public Trustee may continue to manage the estate under this Act, exercising in respect of the management of the estate all the powers that an executor would have if the property were devised or bequeathed to him or her in trust for payment of debts and distribution of the residue.
1969, c.13, s.51; 2005, c.P-26.5, s.28
Liability of Public Trustee to account
52The Public Trustee is liable to account as to the manner in which he or she has managed the property of the patient under this Act, in the same way and subject to the same responsibilities as any trustee, guardian or committee duly appointed for a similar purpose may be called upon to account.
1969, c.13, s.52; 2005, c.P-26.5, s.28
Management of estate after discharge
53(1)Where a person with respect to whom a notice of continuance has been received by the Public Trustee may not, based upon a report of the attending psychiatrist or other evidence available to the Public Trustee, be competent to manage his or her estate upon the termination of the committeeship or a person discharged has refused or neglected to take his or property or any part of his or her property from the Public Trustee, the Public Trustee may apply to The Court of Queen’s Bench of New Brunswick for directions as to the disposal of such property, and the court may make such order as it deems just, and may in its discretion order that the Public Trustee continue to manage the estate of such person with all the powers, authority, rights, duties and responsibilities that the Public Trustee would have had under this Act and the Public Trustee Act with regard to the management of the estate if the committeeship had not been terminated.
53(2)Where the Public Trustee continues to manage an estate under subsection (1), The Court of Queen’s Bench of New Brunswick may, upon application, make such further order as it deems just and may, in its discretion, order that the management of the estate by the Public Trustee be relinquished.
1969, c.13, s.53; 1979, c.41, s.80; 1989, c.23, s.12; 2005, c.P-26.5, s.28
Payments to patient’s family and other dependants
54The Public Trustee shall, out of the money in the Public Trustee’s hands belonging to a patient for whom the Public Trustee is committee under this Act, pay such sums as the Public Trustee considers advisable to the patient’s family or other persons dependent on the patient.
1969, c.13, s.54; 1989, c.23, s.13; 2005, c.P-26.5, s.28
Money in court to be paid to the Public Trustee
55If there is any money in court to the credit of the patient, it shall be paid out to the Public Trustee upon his written application, and it is not necessary to obtain an order of the Court or a judge for such purpose.
1969, c.13, s.55; 2005, c.P-26.5, s.28
Repealed
56Repealed: 2005, c.P-26.5, s.28
1969, c.13, s.56; 2005, c.P-26.5, s.28
Estate of patient in a psychiatric facility in another jurisdiction
57(1)Where a person who is suffering from a serious mental illness is a patient in a psychiatric facility in another province or territory of Canada and has estates situate in New Brunswick, the Lieutenant-Governor in Council may appoint the official of the other province or territory who is charged with the duty of managing the estate of that person in the other province or territory to be committee of the estate in New Brunswick.
57(2)The order making the appointment is conclusive proof that all the conditions precedent to the appointment have been fulfilled.
57(3)The provisions of this Act and the Public Trustee Act relating to the powers, authority, rights, duties, responsibilities, privileges and immunities of the Public Trustee with regard to the management of estates under the committeeship of the Public Trustee under this Act apply, with the necessary modifications, to the appointee under such an order.
1969, c.13, s.57; 1989, c.23, s.14; 2005, c.P-26.5, s.28; 2017, c.4, s.1
Appointment of trust company
58Upon the request of the Minister, or of any person having a financial interest in the estate of the patient, the Lieutenant-Governor in Council may appoint a trust company to act jointly with the Public Trustee under this Act as committee of the estate of the patient with respect to whose estate such request was made, and may arrange for suitable remuneration for such trust company, to be paid out of the estate of such patient.
1969, c.13, s.58; 2005, c.P-26.5, s.28; 2014, c.19, s.26
IV
MAINTENANCE AND PROPERTY
Definitions
59In this part
“child” includes a son and daughter;(enfant)
“maintenance” includes the cost and expenses connected with the apprehension, conveyance, examination, detention, care and treatment of a patient in a psychiatric facility;(entretien)
“person bound to provide or care for a patient” includes(personne tenue de subvenir aux besoins d’un malade ou d’en prendre soin)
(a) a person whose spouse is the patient,
(b) a person whose child is the patient, and
(c) a person who is required by legal contract or by a statute of the Province to provide or care for him or her.
1969, c.13, s.59; 2008, c.45, s.20
Liability for patient maintenance
60(1)Every patient admitted to a psychiatric facility who has at the time of his admission or subsequently comes into the possession of property is liable for his maintenance.
60(2)Where a patient has not the means necessary to pay in whole or in part for his maintenance, but has some person bound by law to provide or care for him, such person shall be liable for his maintenance or for that part of his maintenance that he himself is unable to pay.
1969, c.13, s.60
Destitute patient
61Notwithstanding section 60 the costs and expenses of maintenance of a destitute patient shall be paid out of the Consolidated Fund on the order of the Minister where the Social Welfare Supervisor or Administrator certifies that such patient is destitute.
1969, c.13, s.61; 2014, c.19, s.26
Costs respecting proceedings under sections 9, 10, 14, and 15
62(1)The necessary costs and expenses incurred under section 9, 10, 14 or 15 in determining the mental condition of a person and in conveying the person to and from a psychiatric facility shall be paid out of the Consolidated Fund on the order of the Minister.
62(2)Where the person is not in destitute circumstances the costs and expenses may be recovered by the Minister from that person’s estate or from him or the person liable for his maintenance.
1969, c.13, s.62; 1969, c.13, s.62; 2014, c.19, s.26
Inquiry of officer-in-charge respecting estate, agreement or bond
63(1)Where a patient is admitted to a psychiatric facility, the officer-in-charge shall make a full and thorough inquiry respecting the estate, either in existence or in prospect, of the patient and of its sufficiency, free from all claims of his family, to supply the means necessary for his maintenance in the psychiatric facility as provided in the regulations.
63(2)The officer-in-charge shall where possible require from the person liable for the maintenance of the patient an agreement or bond to secure the payment of the patient’s maintenance, either in whole or in part, and such agreement or bond shall continue in force as long as the patient is maintained in the psychiatric facility.
63(3)Where the obligation is for a limited period, nothing herein extends the liability beyond the period limited.
63(4)The giving of an agreement or bond in no way releases the estate of the patient of its obligation to maintain him in the psychiatric facility.
1969, c.13, s.63
Notice of payment of maintenance, evidence
64(1)The officer-in-charge shall on the first day of each month, or quarterly, send a written notice to the person liable for the payment of the maintenance of any patient, giving the date of the patient’s admission to the psychiatric facility and the amount that is due and owing for his maintenance, as provided by the regulations, and in that notice a demand shall be made by the officer-in-charge upon the person liable for payment of maintenance for such sum as is due and owing, and the sum shall be paid forthwith on the demand.
64(2)In an action or other proceeding to recover a sum owing by a person or the estate of a person for the maintenance of a patient, it is sufficient to prove that the officer-in-charge sent the notice and demand for payment referred to in subsection (1) within the three months preceding the commencement of the action or other proceeding, and no proof is required that any prior notices or demands for payment were sent.
1969, c.13, s.64
Recovery of maintenance
65(1)In case of refusal or neglect to pay the sum so demanded, the Director or any officer whom he designates may apply to a judge of The Court of Queen’s Bench of New Brunswick for an order for the payment of the amount then due.
65(2)Ten days notice of the application shall be given.
65(3)If the judge is satisfied that the person against whom the application is made is liable, he may make an order accordingly, and the order may be enforced in the same manner as a judgment of the court.
1969, c.13, s.65; 1979, c.41, s.80; 1980, c.32, s.22
V
MISCELLANEOUS
Limitation of actions
66(1)No action, prosecution or other proceedings shall be brought or be instituted against any officer, nurse, clerk, attendant or other employee of a psychiatric facility, or against any other person, for an act done in pursuance of execution or intended execution of any duty or authority under this Act or the regulations, or in respect of any alleged neglect or default in the execution of any such duty or authority, without the consent of the Attorney General.
66(2)All prosecutions against any person, for anything done or omitted to be done in pursuance of this Act, shall be commenced within six months after the act or omission complained of has been committed or occurred, and not afterwards.
66(3)No action shall lie against any psychiatric facility or any officer, employee or servant thereof for a tort by any patient.
1969, c.13, s.66; 1967, c.38, s.2; 1981, c.6, s.1; 2009, c.L-8.5, s.35
Offences
67(1)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
67(2)A person who violates or fails to comply with subsection 4(2) or 24(5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
67(3)A person who violates or fails to comply with section 19 or subsection 17(1) or 17(7) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1969, c.13, s.67; 1990, c.61, s.79
Regulations
68(1)The Lieutenant-Governor in Council may make regulations
(a) designating and classifying psychiatric facilities;
(b) Repealed: 2004, c.16, s.1
(c) prescribing further duties of inspectors appointed under this Act;
(d) exempting any psychiatric facility or class thereof from the application of Part II;
(e) classifying patients, and limiting the classes of patients that may be admitted to any psychiatric facility or class thereof;
(f) respecting the examination and detention of persons and the admission, detention, leave of absence, absence without authorization, transfer, discharge and placement of patients;
(g) providing for the issuance and revocation of certificates of approval to approved homes;
(h) prescribing standards for approved homes;
(i) providing for payments and prescribing the amounts thereof to be made to approved homes for the care and maintenance of discharged patients;
(i.1) prescribing interest rates for the purposes of subsection 35(4);
(i.2) respecting the composition and appointment of tribunals, including the appointment of alternate members of tribunals to act in the place of members who for any reason cannot act;
(i.21) respecting the terms of office of members of tribunals and their reappointment;
(i.22) respecting quorums in relation to tribunals and making the decisions of a majority of the members the decision of the tribunal;
(i.23) respecting the circumstances in which the chairman of a tribunal may act alone, and the duties, authorities and powers of the chairman when so acting;
(i.24) respecting the duties, authorities and powers of tribunals in addition to those described in this Act;
(i.25) prescribing the manner in which applications may be made to a tribunal;
(i.26) governing and regulating hearings and other proceedings of tribunals;
(i.27) prescribing the time within which decisions or orders of tribunals shall be made;
(i.28) respecting the admissibility and evidentiary value of an examination report and of an attending psychiatrist’s certificates filed with the chairman of a tribunal or of a review board on an application under this Act;
(i.29) respecting the conditions under which the attendance of a person who is the subject of an application under section 8 or 12 may be waived by a tribunal;
(i.3) providing for the remuneration and expenses of members of tribunals;
(i.4) respecting the establishment and operation of psychiatric patient advocate offices;
(i.5) respecting the duties, authorities and powers of psychiatric patient advocate services and psychiatric patient advocates in addition to those described in the Act;
(i.6) providing for the remuneration and expenses of psychiatric patient advocate services and psychiatric patient advocates;
(i.61) respecting the composition and appointment of review boards, including the appointment of alternate members of review boards to act in the place of members who for any reason cannot act;
(i.62) respecting the terms of office of members of review boards and their reappointment;
(i.63) respecting quorums in relation to review boards and making the decisions of a majority of the members the decision of the review board;
(i.7) respecting the duties, authorities and powers of review boards in addition to those described in this Act;
(j) prescribing the manner in which applications may be made to a review board;
(k) governing and regulating hearings and other proceedings of review boards;
(l) prescribing the time in which decisions or recommendations of review boards shall be transmitted;
(m) providing for the remuneration and expenses of members of review boards;
(n) conferring auxiliary functions upon review boards;
(o) exempting any psychiatric facility or class thereof from the application of Part III;
(o.1) respecting records to be maintained for persons who receive services from a psychiatric facility, or class of psychiatric facility, including the contents of the records and the preparation, maintenance, storage, removal and destruction of records;
(p) prescribing the form required for the purposes of subsection 9(1);
(q) Repealed: 1989, c.23, s.18
(r) generally, for the control of all other matters in any way relating to psychiatric facilities, or for the better carrying out of the provisions of this Act.
68(2)Repealed: 2004, c.16, s.1
1969, c.13, s.68; 1989, c.23, s.18; 2004, c.8, s.5; 2004, c.16, s.1; 2014, c.19, s.25; 2017, c.4, s.1
Application of Provincial Hospital Act
69A patient who immediately before this Act comes into force is in The Provincial Hospital by virtue of section 19, 21, 23, 26, 32 or 32A of the Provincial Hospital Act, chapter 179 of the Revised Statues, 1952, shall be deemed to be an involuntary patient under this Act.
1969, c.13, s.69
Replacement of Official Committee by Administrator of Estates
70Where the Official Committee is immediately before the commencement of this Act committee of the estate of a patient, the Administrator of Estates shall continue as committee as if a certificate of incompetence had been issued and forwarded to the Administrator of Estates under subsection 36(3).
1969, c.13, s.70
Repealed
71Repealed: 1989, c.23, s.19
1969, c.13, s.73; 1989, c.23, s.19
N.B. This Act is consolidated to November 1, 2017.