Acts and Regulations

M-10 - Mental Health Act

Full text
Certificate of mental competence to give or refuse to give consent
8.5(1)An attending psychiatrist who is of the opinion that an involuntary patient who has reached the age of sixteen years is not mentally competent to give or refuse to give consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment or for the purposes of section 20 or 27 shall complete and file with the administrator a certificate on a form provided by the Minister to the effect that the involuntary patient is not mentally competent to give or refuse to give consent.
8.5(2)An attending psychiatrist who is of the opinion that a person who may give or refuse to give consent in accordance with section 8.6 on behalf of an involuntary patient is not mentally competent to give or refuse to give consent for the purposes of section 8.4, 20 or 27 shall complete and file with the administrator a certificate on a form provided by the Minister to the effect that the person is not mentally competent to give or refuse to give consent.
8.5(3)The attending psychiatrist shall include in a certificate prepared under subsection (1) or (2) 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.
8.5(4)The administrator shall give the person to whom it relates a copy of a certificate prepared under subsection (1) or (2) and written notice that the person is entitled to file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether the person is mentally competent to give or refuse to give consent.
8.5(5)A person who questions the opinion of an attending psychiatrist as to the mental competence of a person referred to in subsections (1) or (2) to give or refuse to give consent for the purposes referred to in subsection (1) or (2) 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 a person referred to in subsection (1) or (2) is mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2).
8.5(6)If an application is filed with the chairman of a review board under subsection (5), the opinion of the attending psychiatrist that a person is not mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2) shall not be acted on until the matter is finally determined.
8.5(7)A decision by a review board that an involuntary patient, or a person who may give or refuse to give consent in accordance with section 8.6 on behalf of an involuntary patient, is mentally competent to give or refuse to give consent or is not mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2) applies only for the purposes for which the proceeding is held.
1989, c.23, s.5; 2014, c.19, s.6; 2017, c.29, s.6
Certificate of mental competence to give or refuse to give consent
8.5(1)An attending psychiatrist who is of the opinion that an involuntary patient who has reached the age of sixteen years is not mentally competent to give or refuse to give consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment or for the purposes of section 17, 20 or 27 shall complete and file with the administrator a certificate on a form provided by the Minister to the effect that the involuntary patient is not mentally competent to give or refuse to give consent.
8.5(2)An attending psychiatrist who is of the opinion that a person who may give or refuse to give consent in accordance with section 8.6 on behalf of an involuntary patient is not mentally competent to give or refuse to give consent for the purposes of section 8.4, 17, 20 or 27 shall complete and file with the administrator a certificate on a form provided by the Minister to the effect that the person is not mentally competent to give or refuse to give consent.
8.5(3)The attending psychiatrist shall include in a certificate prepared under subsection (1) or (2) 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.
8.5(4)The administrator shall give the person to whom it relates a copy of a certificate prepared under subsection (1) or (2) and written notice that the person is entitled to file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether the person is mentally competent to give or refuse to give consent.
8.5(5)A person who questions the opinion of an attending psychiatrist as to the mental competence of a person referred to in subsections (1) or (2) to give or refuse to give consent for the purposes referred to in subsection (1) or (2) 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 a person referred to in subsection (1) or (2) is mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2).
8.5(6)If an application is filed with the chairman of a review board under subsection (5), the opinion of the attending psychiatrist that a person is not mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2) shall not be acted on until the matter is finally determined.
8.5(7)A decision by a review board that an involuntary patient, or a person who may give or refuse to give consent in accordance with section 8.6 on behalf of an involuntary patient, is mentally competent to give or refuse to give consent or is not mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2) applies only for the purposes for which the proceeding is held.
1989, c.23, s.5; 2014, c.19, s.6
Certificate of mental competence to give or refuse to give consent
8.5(1)An attending psychiatrist who is of the opinion that an involuntary patient who has reached the age of sixteen years is not mentally competent to give or refuse to give consent in relation to medical treatment that is not routine clinical medical treatment or other psychiatric treatment or for the purposes of section 17, 20 or 27 shall complete and file with the administrator a certificate to the effect that the involuntary patient is not mentally competent to give or refuse to give consent.
8.5(2)An attending psychiatrist who is of the opinion that a person who may give or refuse to give consent in accordance with section 8.6 on behalf of an involuntary patient is not mentally competent to give or refuse to give consent for the purposes of section 8.4, 17, 20 or 27 shall complete and file with the administrator a certificate to the effect that the person is not mentally competent to give or refuse to give consent.
8.5(3)The attending psychiatrist shall include in a certificate prepared under subsection (1) or (2) 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.
8.5(4)The administrator shall give the person to whom it relates a copy of a certificate prepared under subsection (1) or (2) and written notice that the person is entitled to file an application in the prescribed form with the chairman of the review board having jurisdiction for an inquiry into whether the person is mentally competent to give or refuse to give consent.
8.5(5)A person who questions the opinion of an attending psychiatrist as to the mental competence of a person referred to in subsections (1) or (2) to give or refuse to give consent for the purposes referred to in subsection (1) or (2) may file an application in the prescribed form with the chairman of the review board having jurisdiction for an inquiry into whether a person referred to in subsection (1) or (2) is mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2).
8.5(6)If an application is filed with the chairman of a review board under subsection (5), the opinion of the attending psychiatrist that a person is not mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2) shall not be acted on until the matter is finally determined.
8.5(7)A decision by a review board that an involuntary patient, or a person who may give or refuse to give consent in accordance with section 8.6 on behalf of an involuntary patient, is mentally competent to give or refuse to give consent or is not mentally competent to give or refuse to give consent for the purposes referred to in subsection (1) or (2) applies only for the purposes for which the proceeding is held.
1989, c.23, s.5