Acts and Regulations

M-10 - Mental Health Act

Section 7.7
Disposition versions

Full text
Psychiatric patient advocate services – alleged negligence
7.7(1)If it is alleged that a psychiatric patient advocate service or a psychiatric patient advocate has been negligent in respect of any act, deed, matter or thing made, done, permitted or omitted by the psychiatric patient advocate service or psychiatric patient advocate in or about the execution or intended execution of duties or authorities under this Act, the Province shall defend, negotiate or settle any claim and shall, when necessary, pay all losses, damages, costs and expenses if the psychiatric patient advocate service or psychiatric patient advocate has acted in good faith.
7.7(2)If the Province defends a psychiatric patient advocate service or psychiatric patient advocate under subsection (1), the Province has the conduct of any action in relation to the claim.
7.7(3)Subsection (1) applies only if
(a) the psychiatric patient advocate service or the psychiatric patient advocate co-operates with the Province, except in a pecuniary way, with respect to the defence, negotiation and settlement of any claim, including any appeal;
(b) the psychiatric patient advocate service or psychiatric patient advocate, at the request of the Province,
(i) attends all related meetings, hearings and trials,
(ii) assists in effecting any settlement,
(iii) secures and gives evidence, and
(iv) obtains the attendance of witnesses;
(c) the psychiatric patient advocate service or psychiatric patient advocate does not, without the prior written approval of the Province, assume any obligation, admit any liability or take any step to compromise the defence of the claim; and
(d) the claim is not covered by a policy of insurance effected directly or indirectly for the benefit of the psychiatric patient advocate service or psychiatric patient advocate.
7.7(4)If payment is made under this section on behalf of a psychiatric patient advocate service or a psychiatric patient advocate, the Province shall not seek indemnification from the psychiatric patient advocate service or psychiatric patient advocate.
1989, c.23, s.5; 2004, c.8, s.2