Acts and Regulations

M-10 - Mental Health Act

Section 1
Disposition versions

Full text
Definitions and interpretation
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“judge” Repealed: 1993, c.50, s.1
“mental disorder” Repealed: 2017, c.4, s.1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 or youth under the Minister’s care as defined in the Child and Youth Well-Being Act, the Minister of Social Development, 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 Enduring Powers of Attorney Act, or
(a.2) Repealed: 2019, c.30, s.31
(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)
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; 2019, c.30, s.31; 2023, c.36, s.23
Definitions and interpretation
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 Enduring Powers of Attorney Act, or
(a.2) Repealed: 2019, c.30, s.31
(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)
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; 2019, c.30, s.31
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
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 exécutif)
“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” means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs a person’s(trouble mental)
(a) behaviour,
(b) judgment,
(c) capacity to recognize reality, or
(d) ability to meet the ordinary demands of life,
but does not include the disorder known as mental retardation;
“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 mental disorder, 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 mental disorder;(traitement médical clinique de routine)
“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
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 exécutif)
“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” means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs a person’s(trouble mental)
(a) behaviour,
(b) judgment,
(c) capacity to recognize reality, or
(d) ability to meet the ordinary demands of life,
but does not include the disorder known as mental retardation;
“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 mental disorder, 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 mental disorder;(traitement médical clinique de routine)
“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; 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
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 exécutif)
“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” means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs a person’s(trouble mental)
(a) behaviour,
(b) judgment,
(c) capacity to recognize reality, or
(d) ability to meet the ordinary demands of life,
but does not include the disorder known as mental retardation;
“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
(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 mental disorder, 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 mental disorder;(traitement médical clinique de routine)
“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; 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
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 exécutif)
“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” means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs a person’s(trouble mental)
(a) behaviour,
(b) judgment,
(c) capacity to recognize reality, or
(d) ability to meet the ordinary demands of life,
but does not include the disorder known as mental retardation;
“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
(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” means the form prescribed by the regulations;(formule prescrite)
“psychiatric facility” means a facility for the observation, examination, assessment, restraint, care and treatment of persons suffering from a mental disorder, 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 mental disorder;(traitement médical clinique de routine)
“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
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 exécutif)
“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” means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs a person’s(trouble mental)
(a) behaviour,
(b) judgment,
(c) capacity to recognize reality, or
(d) ability to meet the ordinary demands of life,
but does not include the disorder known as mental retardation;
“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
(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” means the form prescribed by the regulations;(formule prescrite)
“psychiatric facility” means a facility for the observation, examination, assessment, restraint, care and treatment of persons suffering from a mental disorder, 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)
“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 mental disorder;(traitement médical clinique de routine)
“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