24.1(1)Despite section 24, an attending psychiatrist who is of the opinion that an involuntary patient under the Mental Health Act who has reached the age of 16 years is not mentally competent to consent or to refuse to consent to the collection, use or disclosure of his or her personal health information may challenge the capacity of the involuntary patient to consent or to refuse to consent, in which case subsections 8.5(1) and (3) to (7) of the Mental Health Act apply with the necessary modifications.

24.1(2)Despite section 24, an attending psychiatrist who is of the opinion that a substitute decision-maker of an involuntary patient referred to in subsection (1) is not mentally competent to consent or to refuse to consent to the collection, use or disclosure of the personal health information of the involuntary patient may challenge the capacity of the substitute decision-maker to consent or to refuse to consent, in which case subsections 8.5(1) and (3) to (7) of the Mental Health Act apply with the necessary modifications.

24.1(3)If an application for an inquiry is filed with the chairman of the review board under subsection 8.5(5) of the Mental Health Act with respect to the mental competence of a person to consent to the disclosure of his or her personal health information, the disclosure of the personal health information of that person may not be made until the matter is finally determined.