Acts and Regulations

F-2.2 - Family Services Act

Section 37.3
Disposition versions

Full text
Examination report
37.3(1)An application made by the Minister under paragraph 37(1.1)(a) or 37.1(4)(b) or section 37.2 or subsection 39(2) shall be accompanied by an examination report signed by the medical practitioner who examined the person who is the subject of the application.
37.3(2)An examination report shall
(a) state that the medical practitioner personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the medical practitioner to form the opinion that the person is mentally incompetent,
(b) set out the facts upon which the medical practitioner formed an opinion, distinguishing between the facts observed by the medical practitioner and the facts communicated to the medical practitioner by others, and
(c) describe the nature or degree of the mental incompetency suffered by the person and set out the reasons upon which the medical practitioner relies in forming the opinion referred to in paragraph (b) and making the diagnosis.
37.3(3)An examination report signed and completed in accordance with this section is admissible in evidence and when introduced as evidence is proof, in the absence of evidence to the contrary, that the person is mentally incompetent, without proof of the signature or authority of the person appearing to have signed the examination report.
1990, c.25, s.6; 1992, c.20, s.1; 2016, c.37, s.66; 2019, c.2, s.54
37.3(1)An application made by the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, under paragraph 37(1.1)(a) or 37.1(4)(b) or section 37.2 or subsection 39(2) shall be accompanied by an examination report signed by the medical practitioner who examined the person who is the subject of the application.
37.3(2)An examination report shall
(a) state that the medical practitioner personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the medical practitioner to form the opinion that the person is mentally incompetent,
(b) set out the facts upon which the medical practitioner formed an opinion, distinguishing between the facts observed by the medical practitioner and the facts communicated to the medical practitioner by others, and
(c) describe the nature or degree of the mental incompetency suffered by the person and set out the reasons upon which the medical practitioner relies in forming the opinion referred to in paragraph (b) and making the diagnosis.
37.3(3)An examination report signed and completed in accordance with this section is admissible in evidence and when introduced as evidence is proof, in the absence of evidence to the contrary, that the person is mentally incompetent, without proof of the signature or authority of the person appearing to have signed the examination report.
1990, c.25, s.6; 1992, c.20, s.1; 2016, c.37, s.66
37.3(1)An application made by the Minister under paragraph 37(1.1)(a) or 37.1(4)(b) or section 37.2 or subsection 39(2) shall be accompanied by an examination report signed by the medical practitioner who examined the person who is the subject of the application.
37.3(2)An examination report shall
(a) state that the medical practitioner personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the medical practitioner to form the opinion that the person is mentally incompetent,
(b) set out the facts upon which the medical practitioner formed an opinion, distinguishing between the facts observed by the medical practitioner and the facts communicated to the medical practitioner by others, and
(c) describe the nature or degree of the mental incompetency suffered by the person and set out the reasons upon which the medical practitioner relies in forming the opinion referred to in paragraph (b) and making the diagnosis.
37.3(3)An examination report signed and completed in accordance with this section is admissible in evidence and when introduced as evidence is proof, in the absence of evidence to the contrary, that the person is mentally incompetent, without proof of the signature or authority of the person appearing to have signed the examination report.
1990, c.25, s.6; 1992, c.20, s.1
37.3(1)An application made by the Minister under paragraph 37(1.1)(a) or 37.1(4)(b) or section 37.2 or subsection 39(2) shall be accompanied by an examination report signed by the medical practitioner who examined the person who is the subject of the application.
37.3(2)An examination report shall
(a) state that the medical practitioner personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the medical practitioner to form the opinion that the person is mentally incompetent,
(b) set out the facts upon which the medical practitioner formed an opinion, distinguishing between the facts observed by the medical practitioner and the facts communicated to the medical practitioner by others, and
(c) describe the nature or degree of the mental incompetency suffered by the person and set out the reasons upon which the medical practitioner relies in forming the opinion referred to in paragraph (b) and making the diagnosis.
37.3(3)An examination report signed and completed in accordance with this section is admissible in evidence and when introduced as evidence is proof, in the absence of evidence to the contrary, that the person is mentally incompetent, without proof of the signature or authority of the person appearing to have signed the examination report.
1990, c.25, s.6; 1992, c.20, s.1