4(1)A psychiatric facility shall offer to the public one or more of the following services:

4(2)Any proposed alteration, limitation or restriction of the program of a psychiatric facility with respect to any of the services listed in subsection (1) shall be submitted to the Minister for approval.

4(3)The Shepody Healing Centre is exempted from the application of paragraphs (1)(b) and (c) and Part III of the Act.

5(1)The observation, examination, assessment, restraint, care and treatment of a patient in a psychiatric facility shall be under the supervision of a psychiatrist.

5(2)Notwithstanding subsection (1), it is not necessary for the observation, examination, assessment, restraint, care and treatment of a patient in a psychiatric facility listed in Schedule B to be under the supervision of a psychiatrist.

8(1)A tribunal shall consist of three members, one of whom is a member of the Law Society of New Brunswick and is entitled to practise law in the Province who shall act as chair of the tribunal and two others who are not members of the Law Society of New Brunswick.

8(2)The member of the Law Society of New Brunswick shall have been a practising member for not less than ten years.

8(3)The Lieutenant-Governor in Council may appoint alternate members for each tribunal and if for any reason a member of the tribunal cannot act as a member, an alternate member appropriate to comply with subsection (1) shall act in place of the member.

8(4)A member of a tribunal holds office for the term, not exceeding five years, specified in the appointment and is eligible for reappointment at the expiration of the term.

8(4.1)Despite the expiry of their term, a member of a tribunal shall remain in office until the member resigns or is reappointed or replaced.

8(6)The three members of a tribunal constitute a quorum and the decision of a majority is the decision of the tribunal.

9(1)A tribunal shall hold a hearing which shall be in camera within seventy-two hours after the receipt of an application under section 8 or 12 of the Act by the chair of the tribunal.

9(2)A hearing shall, where possible, be held at the psychiatric facility at which the person who is the subject of the application is detained or admitted as a voluntary patient.

10(1)The chair of the tribunal shall ensure that a copy of the application received by the chair, the accompanying examination report, any other accompanying documentation and a notice of the date, time and place of the hearing is given to

10(2)The chair of the tribunal shall ensure that notice of the date, time and place of the hearing is given to

10(3)The following persons have a right to be present at the hearing:

10(4)The person who is the subject of the application, the person’s representative and the psychiatric patient advocate, if the psychiatric patient advocate is not the representative of the patient, may call witnesses, cross-examine witnesses and make submissions at the hearing.

10(5)A tribunal or any member of the tribunal may interview the person who is the subject of the application or any other person in private.

10(6)A tribunal may engage independent medical, psychiatric or other professional persons to present evidence and make submissions with regard to any matter heard by the tribunal.

11(1)An examination report under section 8 of the Act or an attending psychiatrist’s certificate under the Act or under this Regulation purported to be signed by the attending psychiatrist is admissible in evidence at a hearing or other proceeding before a tribunal without proof of the signature of the person purporting to have signed the report or certificate.

11(2)The evidentiary value of an examination report or an attending psychiatrist’s certificate referred to in subsection (1) shall be determined by the tribunal.

15(1)A tribunal shall make a written decision and an order, if any, within seventy-two hours after the conclusion of a hearing.

15(2)The chair of the tribunal shall prepare the written decision of the tribunal which shall contain a summary of the evidence, a summary of the representations before the tribunal, the decision of the tribunal and the reasons for the decision.

15(3)The chair of the tribunal shall send forthwith a copy of the written decision and the order, if any, of the tribunal to the applicant, the person who is the subject of the application, the person’s representative, the administrator, the psychiatric patient advocate and the Executive Director.

15(4)The chair of the tribunal shall send the Minister a copy of all decisions and orders made by the tribunal in relation to an application under section 8 or 12 of the Act.

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.

17(2)Notwithstanding subsection (1), where the chair is acting alone and the person who is the subject of the application, the person’s representative or the psychiatric patient advocate decides to call a witness, cross-examine a witness or make a submission, the chair shall, upon learning of the decision, cease acting alone and shall convene a hearing before the full tribunal within seventy-two hours.

17(3)The duties, authorities and powers of the chair when acting alone are the duties, authorities and powers of the tribunal under the Act and this Regulation and any decision or order of the chair shall be deemed to be a decision or order made by the tribunal.

17.2(1)A review board shall consist of

17.2(2)The Lieutenant-Governor in Council may appoint alternate members for each review board and if for any reason a member of the review board cannot act as a member, an alternate member appropriate to comply with subsection (1) shall act in place of the member.

17.2(3)A member of staff or an employee of a psychiatric facility shall not act as a member of a review board when an application in relation to a patient of that psychiatric facility is being reviewed.

17.2(4)A member of a review board holds office for the term, not exceeding five years, specified in the appointment and is eligible for reappointment at the expiration of the term.

17.2(5)Despite the expiry of their term, a member of a review board shall remain in office until the member resigns or is reappointed or replaced.

17.2(6)The three members of a review board constitute a quorum and the decision of a majority is the decision of the review board.

18(1)A review board shall compile a record of a hearing before it and the record shall include, where applicable,

18(2)The chair of the review board shall transmit a copy of the written report referred to in subsection 33(1) of the Act to the persons referred to in subsection 32(1.2) of the Act and the Executive Director within twenty-four hours after the conclusion of the inquiry.

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.

22(1)A psychiatric patient advocate, upon learning of an application under section 8 or 12 of the Act, shall ascertain whether the person who is the subject of the application has a representative and the name and address of the representative and shall advise the chair of the tribunal of the name and address of the representative.

22(2)A psychiatric patient advocate shall act as the representative of a person who is detained in a psychiatric facility under an examination certificate issued under section 7.1 of the Act, who is the subject of an application under section 8 or 12 of the Act or who is an involuntary patient if the person is unable to represent themselves and the person is not otherwise represented and it would be detrimental, in the opinion of the psychiatric patient advocate, to the best interests of the person if the person was not represented.

22.1(1)Notwithstanding that a person who is the subject of an application under section 8 or 12 of the Act has a representative, a psychiatric patient advocate has full party status to act before a tribunal dealing with the application and may call witnesses, cross-examine witnesses, make submissions and do such other things that the psychiatric patient advocate considers to be in the best interests of the person who is the subject of the application.

22.1(2)Nothing in subsection (1) requires a psychiatric patient advocate to act in any proceeding before a tribunal if the person referred to in subsection (1) has a representative.

23(11)An order for examination under subsection 9(1) of the Act shall be in Form 11.