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1Section 8 of the English version of New Brunswick Regulation 94-33 under the Mental Health Act is amended

(a) in subsection (1) by striking out “chairman” and substituting “chair”;

(b) in subsection (4.1) by striking out “his or her” and substituting “their”.

2Section 9 of the Regulation is amended

(a) in subsection (1) by striking out “chairman” and substituting “chair”;

(b) in subsection (2) of the French version by striking out “Une audition” and substituting “L’audience”.

3Section 10 of the Regulation is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “chairman” wherever it appears and substituting “chair”;

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”;

(c) in subsection (3) of the French version in the portion preceding paragraph a) by striking out “l’audition” and substituting “l’audience”;

(d) in subsection (4) of the French version by striking out “l’audition” and substituting “l’audience”.

4Subsection 11(1) of the French version of the Regulation is amended by striking out “audition” and substituting “audience”.

5Section 12 of the French version of the Regulation is amended by striking out “Une audition” and “l’audition” and substituting “L’audience” and “l’audience”, respectively.

6Section 13 of the Regulation is repealed and the following is substituted:

13A tribunal may waive the attendance of a person who is the subject of an application under the Act from a hearing if

(a) reasonable attempts have been made to notify the person of the hearing,

(b) the representative of the person or the psychiatric patient advocate, if there is no representative of the person, advises the tribunal that, in their opinion, the presence of the person is not required, and

(c) the tribunal is of the opinion that it is in the best interests of the person to proceed to a hearing without the person being present at the hearing.

7Section 14 of the French version of the Regulation is amended

(a) in the portion preceding paragraph a) by striking out “audition” and substituting “audience”;

(b) in paragraph a) by striking out “qui a déclenché l’audition” and substituting “qui fait l’objet de l’audience”;

(c) in paragraph b) by striking out “audition” and substituting “audience”;

(d) in paragraph e) by striking out “l’audition” and substituting “l’audience”.

8Section 15 of the Regulation is amended

(a) in subsection (1) of the French version by striking out “audition” and substituting “audience”;

(b) in subsection (2) of the English version by striking out “chairman” and substituting “chair”;

(c) in subsection (3) of the English version by striking out “chairman” and substituting “chair”;

(d) in subsection (4) of the English version by striking out “chairman” and substituting “chair”.

9Section 17 of the Regulation is amended

(a) by repealing subsection (1) of the English version and substituting the following:

17(1) The chair of a tribunal may act alone with respect to an application under section 8 or 12 of the Act received by the chair if the person who is the subject of the application, the person’s representative or the psychiatric patient advocate advises the chair that they will not be calling witnesses, cross-examining witnesses or making submissions.

(b) in subsection (2) by striking out “chairman” wherever it appears and substituting “chair”;

(c) in subsection (3) of the English version by striking out “chairman” wherever it appears and substituting “chair”.

10Section 17.1 of the Regulation is repealed.

11Section 17.2 of the English version of the Regulation is amended

(a) in paragraph (1)(a) by striking out “chairman” and substituting “chair”;

(b) in subsection (5) by striking out “his or her” and substituting “their”.

12Section 18 of the Regulation is amended

(a) in subsection (1) of the French version

(i) in the portion preceding paragraph a) by striking out “audition” and substituting “audience”;

(ii) in paragraph a) by striking out “l’audition” and substituting “l’audience”;

(iii) in paragraph b) by striking out “audition” and substituting “audience”;

(iv) in paragraph d) by striking out “l’audition” and substituting “l’audience”;

(b) in subsection (2) of the English version by striking out “chairman” and substituting “chair”;

(c) by adding after subsection (2) the following:

18(3)The review board shall provide a copy of a decision made under subsection 34.1(12) of the Act following an application made under subsection 34.021(1) or 34.08(1) of the Act within 72 hours of the end of the hearing.

13Section 19 of the French version of the Regulation is amended by striking out “Une audition” and “l’audition” and substituting “L’audience” and “l’audience”, respectively.

14Section 20 of the Regulation is repealed and the following is substituted:

20A review board may waive the attendance of a person who is the subject of an application under the Act from a hearing if

(a) reasonable attempts have been made to notify the person of the hearing,

(b) the representative of the person or the psychiatric patient advocate, if there is no representative of the person, advises the board that, in their opinion, the presence of the person is not required, and

(c) the board is of the opinion that it is in the best interests of the person to proceed to a hearing without the person being present at the hearing.

15Section 20.1 of the Regulation is repealed.

16Section 22 of the Regulation is amended

(a) in subsection (1) of the English version by striking out “chairman” and substituting “chair”;

(b) in subsection (2) by striking out “himself” and substituting “themselves”.

17Subsection 22.1(1) of the English version of the Regulation is amended by striking out “he or she” and substituting “the psychiatric patient advocate”.

18Section 27 of the English version of the Regulation is amended by striking out “chairman” and substituting “chair”.

19This Regulation comes into force on September 30, 2025.

2025-29 - Mental Health Act

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