Acts and Regulations

M-10 - Mental Health Act

Section 30.3
Disposition versions

Full text
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
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
Order by review board authorizing the giving of specified psychiatric treatment without consent
30.3(1)If an 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 sixteen years,
(b) who has reached the age of sixteen 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 sixteen 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,
the psychiatrist may file an application in the prescribed form 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.
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 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