Acts and Regulations

M-10 - Mental Health Act

Section 32
Disposition versions

Full text
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
Inquiries by review boards
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