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- Mental Health Act
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Regulation
1
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Title
94-33
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Document at 1 January 2024
Mental Health Act
1
Definitions and interpretation
1.1
Purposes of Part II
I
 ADMINISTRATION
2
Application of the Act
3
Act and regulations prevail
3.1
Administration of the Act
3.2
Appointment of Executive Director
4
Inspection
5
Agreement with the Government of Canada
5.1
Forms
II
 HOSPITALIZATION PROCEDURES
6
Refusal of admission
6.1
Access to a psychiatric facility
6.2
Persons to act on administrator’s behalf
7
Admission as a voluntary patient
7.1
Issuance of and authority and duties under an examination certificate
7.2
Observation, examination and assessment under an examination certificate
7.3
Obligation to notify nearest relative of detention under an examination certificate
7.4
Obligation to inform person detained under an examination certificate
7.5
Tribunals
7.6
Psychiatric patient advocate services – duties and rights
7.7
Psychiatric patient advocate services – alleged negligence
8
Release, admission as a voluntary patient or application to tribunal for an order to admit a person as an involuntary patient
8.01
Application to tribunal for an order authorizing the giving of routine clinical medical treatment without consent
8.1
Order to admit a person as an involuntary patient
8.11
Order authorizing the giving of routine clinical medical treatment without consent
8.2
Obligation to notify nearest relative of admission as an involuntary patient
8.3
Care for involuntary patient
8.4
Rights in relation to treatment
8.5
Certificate of mental competence to give or refuse to give consent
8.6
Substitute consent
9
Order for examination
10
Taking a person into custody for examination
10.1
Duties of peace officer or other person who takes person into custody
10.2
Idem
10.3
Authority of peace officer or other person who takes persons into custody
11
Conduct of examination under section 9 or 10
12
Order to admit a voluntary patient as an involuntary patient
13
Review, continuation and expiration of detention as an involuntary patient
13.1
Effect of certificate of detention
13.2
Transitional provision
14
Repealed
15
Repealed
16
Repealed
16.1
Access to clinical record
17
Repealed
18
Orders and dispositions under the Provincial Offences Procedure Act and the Criminal Code (Canada)
19
Communication written by or sent to a patient
20
Leave of absence from psychiatric facility
21
Application of section 20
22
Approved home
23
Payments re discharged patients in approved homes
24
Absence from psychiatric facility without authorization
25
Transfer to another psychiatric facility
26
Transfer to another facility
27
Transfer to a psychiatric facility in another jurisdiction
28
Admission of a patient from another jurisdiction
29
Discharge of a patient from a psychiatric facility
30
Review Boards
30.1
Order by review board authorizing the giving of routine clinical medical treatment without consent
30.2
Idem
30.3
Order by review board authorizing the giving of specified psychiatric treatment without consent
31
Application for inquiry by review board
31.1
Inquiry by review board re routine clinical medical treatment
32
Inquiry by review board
33
Written report of decision of review board
34
Persons subject to detention other than under the Act
II.I
 SUPERVISED COMMUNITY CARE PLAN
34.01
Supervised community care plan
34.02
Consent
34.03
Duration of plan
34.04
Content of plan
34.05
Copy of plan
34.06
Failure to comply with plan
34.07
Withdrawing of consent
34.08
Renewal
34.09
Cancellation
34.1
Review by the Board
34.2
Review of this Part
III
 ESTATES
35
Rights and powers of Public Trustee upon becoming committee of estate of patient
36
Management of patient’s estate
37
Committee of the estate of a patient
38
Idem
39
Cancellation of certificate of incompetence
40
Notice of continuance
41
When the Public Trustee ceases to be committee
42
Inquiry by review board as to competence to manage estate
43
Action as litigation guardian when the Public Trustee is committee
44
Service of documents on the Public Trustee and on patient
45
Interest in proceeds of disposition of property by Public Trustee acting as committee
46
Suspending or voiding of power of attorney
47
Evidence that the Public Trustee is committee
48
When the powers of the Public Trustee as committee may be exercised
48.1
Fees and reimbursement for expenses of committeeship
49
Repealed
50
Fraudulent and void gifts, grants, alienations, conveyances and transfers of property
51
Authority of Public Trustee to exercise powers of executor
52
Liability of Public Trustee to account
53
Management of estate after discharge
54
Payments to patient’s family and other dependants
55
Money in court to be paid to the Public Trustee
56
Repealed
57
Estate of patient in a psychiatric facility in another jurisdiction
58
Appointment of trust company
IV
 MAINTENANCE AND PROPERTY
59
Definitions
60
Liability for patient maintenance
61
Destitute patient
62
Costs respecting proceedings under sections 9, 10, 14, and 15
63
Inquiry of officer-in-charge respecting estate, agreement or bond
64
Notice of payment of maintenance, evidence
65
Recovery of maintenance
V
 MISCELLANEOUS
66
Limitation of actions
67
Offences
68
Regulations
69
Application of Provincial Hospital Act
70
Replacement of Official Committee by Administrator of Estates
71
Repealed
0
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