Acts and Regulations

M-10 - Mental Health Act

Section 34.06
Disposition versions

Full text
Failure to comply with plan
2017, c.4, s.1
34.06(1)A psychiatrist who has reasonable grounds to believe that a person who is subject to a supervised community care plan is not meeting his or her obligations under the plan shall
(a) make reasonable efforts to inform the person or the substitute decision-maker, if applicable, and
(b) provide reasonable assistance to the person to enable him or her to meet his or her obligations.
34.06(2)A psychiatrist may issue a certificate of non-compliance with a supervised community care plan if he or she considers it appropriate.
34.06(3)A certificate under subsection (2) expires 30 days after its issuance.
34.06(4)A certificate under subsection (2) is sufficient authority for a peace officer to take into custody the person named in the certificate, without a warrant, and to take that person to a medical facility, psychiatric facility or physician’s office where the person may be detained for medical examination.
34.06(5)A peace officer who takes a person into custody under subsection (4) shall
(a) retain custody of the person until the person has been examined by a psychiatrist or physician, and
(b) if a psychiatrist or physician advises the peace officer that, in the opinion of the psychiatrist or physician, the person does not require hospitalization for the person’s mental condition, return the person, with the person’s consent, to the person’s residence or, if that is not practicable, to the place where the person was taken into custody.
34.06(6)Despite subsection (5), a peace officer may release a person detained in the peace officer’s custody under subsection (4) on the expiration of three hours after the person has been taken to a medical facility, psychiatric facility or physician’s office.
34.06(7)A psychiatrist or a physician shall examine the person who is subject to a certificate of non-compliance as soon as possible to determine whether
(a) the psychiatrist or the physician should issue an examination certificate under section 7.1, or
(b) the current supervised community care plan should be followed.
2017, c.4, s.1