Acts and Regulations

M-10 - Mental Health Act

Section 8.01
Disposition versions

Full text
Application to tribunal for an order authorizing the giving of routine clinical medical treatment without consent
8.01(1)Before filing an application with the chairman of a tribunal under section 8, the attending psychiatrist shall, if the person has reached the age of sixteen years, assess the mental competence of the person who is the subject of the application to determine if, in the attending psychiatrist’s opinion, the person is mentally competent to give or refuse to give consent in relation to routine clinical medical treatment.
8.01(2)An attending psychiatrist shall include in an application to be filed with the chairman of a tribunal under section 8 a request on a form provided by the Minister for an order authorizing the giving of routine clinical medical treatment without consent if the person who is the subject of the application
(a) has not reached the age of sixteen years,
(b) has reached the age of sixteen years but is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, or
(c) 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 routine clinical medical treatment, but refuses to give consent in relation to such treatment.
8.01(3)An application filed with the chairman of a tribunal under section 8 shall, if the attending psychiatrist is requesting an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years, be accompanied by the attending psychiatrist’s certificate on a form provided by the Minister to the effect that
(a) 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 routine clinical medical treatment, or
(b) 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 routine clinical medical treatment but refuses to give such consent.
8.01(4)An attending psychiatrist shall include in a certificate under paragraph (3)(a) reasons for the attending psychiatrist’s opinion that the person to whom the certificate relates is not mentally competent to give or refuse to give consent in relation to routine clinical medical treatment.
1989, c.23, s.5; 2014, c.19, s.5
Application to tribunal for an order authorizing the giving of routine clinical medical treatment without consent
8.01(1)Before filing an application with the chairman of a tribunal under section 8, the attending psychiatrist shall, if the person has reached the age of sixteen years, assess the mental competence of the person who is the subject of the application to determine if, in the attending psychiatrist’s opinion, the person is mentally competent to give or refuse to give consent in relation to routine clinical medical treatment.
8.01(2)An attending psychiatrist shall include in an application to be filed with the chairman of a tribunal under section 8 a request on a form provided by the Minister for an order authorizing the giving of routine clinical medical treatment without consent if the person who is the subject of the application
(a) has not reached the age of sixteen years,
(b) has reached the age of sixteen years but is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, or
(c) 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 routine clinical medical treatment, but refuses to give consent in relation to such treatment.
8.01(3)An application filed with the chairman of a tribunal under section 8 shall, if the attending psychiatrist is requesting an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years, be accompanied by the attending psychiatrist’s certificate on a form provided by the Minister to the effect that
(a) 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 routine clinical medical treatment, or
(b) 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 routine clinical medical treatment but refuses to give such consent.
8.01(4)An attending psychiatrist shall include in a certificate under paragraph (3)(a) reasons for the attending psychiatrist’s opinion that the person to whom the certificate relates is not mentally competent to give or refuse to give consent in relation to routine clinical medical treatment.
1989, c.23, s.5; 2014, c.19, s.5
Application to tribunal for an order authorizing the giving of routine clinical medical treatment without consent
8.01(1)Before filing an application with the chairman of a tribunal under section 8, the attending psychiatrist shall, if the person has reached the age of sixteen years, assess the mental competence of the person who is the subject of the application to determine if, in the attending psychiatrist’s opinion, the person is mentally competent to give or refuse to give consent in relation to routine clinical medical treatment.
8.01(2)An attending psychiatrist shall include in an application to be filed with the chairman of a tribunal under section 8 a request in the prescribed form for an order authorizing the giving of routine clinical medical treatment without consent if the person who is the subject of the application
(a) has not reached the age of sixteen years,
(b) has reached the age of sixteen years but is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, or
(c) 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 routine clinical medical treatment, but refuses to give consent in relation to such treatment.
8.01(3)An application filed with the chairman of a tribunal under section 8 shall, if the attending psychiatrist is requesting an order authorizing the giving of routine clinical medical treatment without consent to a person who has reached the age of sixteen years, be accompanied by the attending psychiatrist’s certificate to the effect that
(a) 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 routine clinical medical treatment, or
(b) 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 routine clinical medical treatment but refuses to give such consent.
8.01(4)An attending psychiatrist shall include in a certificate under paragraph (3)(a) reasons for the attending psychiatrist’s opinion that the person to whom the certificate relates is not mentally competent to give or refuse to give consent in relation to routine clinical medical treatment.
1989, c.23, s.5