Acts and Regulations

M-10 - Mental Health Act

Full text
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30(2)Repealed: 2017, c.4, s.1
30(3)Repealed: 2017, c.4, s.1
30(4)Repealed: 2017, c.4, s.1
30(5)Repealed: 2017, c.4, s.1
30(6)Repealed: 2017, c.4, s.1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
Review Boards
30(1)There shall be one or more review boards appointed by the Lieutenant-Governor in Council.
30(2)Each review board shall consist of three members, one of whom is a member of the Law Society of New Brunswick and is entitled to practise law in the Province, one of whom is a psychiatrist or, if a psychiatrist is not available, a physician, and one of whom is not a barrister and solicitor or a physician; and the member of a review board who is a member of the Law Society of New Brunswick and who is entitled to practise law in the Province shall act as chairman of the review board.
30(3)The Lieutenant-Governor in Council may appoint alternate members for each review board and, if for any reason a member of the review board cannot act as a member, an alternate member appropriate to comply with subsection (2) shall act in place of the member.
30(4)A member of staff or an employee of a psychiatric facility shall not act as a member of a review board when an application in relation to a patient of that psychiatric facility is being reviewed.
30(5)A member of a review board holds office for the term, not exceeding three years, specified in the appointment and is eligible for reappointment at the expiration of the term.
30(6)The three members of a review board constitute a quorum, and the decision of a majority is the decision of the review board.
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
Review Boards
30(1)There shall be one or more review boards appointed by the Lieutenant-Governor in Council.
30(2)Each review board shall consist of three members, one of whom is a member of the Law Society of New Brunswick and is entitled to practise law in the Province, one of whom is a psychiatrist or, if a psychiatrist is not available, a physician, and one of whom is not a barrister and solicitor or a physician; and the member of a review board who is a member of the Law Society of New Brunswick and who is entitled to practise law in the Province shall act as chairman of the review board.
30(3)The Lieutenant-Governor in Council may appoint alternate members for each review board and, if for any reason a member of the review board cannot act as a member, an alternate member appropriate to comply with subsection (2) shall act in place of the member.
30(4)A member of staff or an employee of a psychiatric facility shall not act as a member of a review board when an application in relation to a patient of that psychiatric facility is being reviewed.
30(5)A member of a review board holds office for the term, not exceeding three years, specified in the appointment and is eligible for reappointment at the expiration of the term.
30(6)The three members of a review board constitute a quorum, and the decision of a majority is the decision of the review board.
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