Third Session, 45th

General Assembly

55 Elizabeth II,

BILL 61

AN ACT RESPECTING MENTAL HEALTH CARE AND TREATMENT

Received

and Read the First Time ...................................

December 5, 2006

Second

Reading ..............................................................

December 7, 2006

Committee ...................................................

Amendment December 11, 2006

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE TOM

OSBORNE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal the Mental Health Act and establish a new

regime for the involuntary certification of persons with a mental disorder who,

as a result of the mental disorder, are likely to cause harm to self or others

or to suffer substantial mental or physical deterioration without treatment and

supervision. The Bill would provide a

process for the apprehension, custody, assessment, committal, treatment and

care and supervision of these individuals which would be the least intrusive

and restrictive means of achieving treatment and protection. This which would be consistent with

guaranteed rights.

Part I of the Bill would describe the

powers of the minister with respect to the designation of psychiatric units, the

making of agreements in relation to the provision of mental health services and

the conduct of a mandatory review of the Act and regulations every 5 years.

Part I of the Bill would also establish

regulation-making authority, provide for protection from liability of peace

officers and health care professionals acting under the authority of the Bill

and create an offence and penalty respecting the giving of false information.

Part II of the Bill would set out the

procedural rights of persons apprehended and taken into custody for the purpose

of a psychiatric assessment and of persons committed to psychiatric units as

involuntary patients. This Part would

impose duties upon peace officers and administrators to inform these persons of

the legal basis for apprehension and of their right to retain and instruct

counsel. The Bill would also require

administrators to provide patients with a copy of the order or certificate

authorizing detention and with information respecting review of detention by

the Mental Health Care and Treatment Review Board. This Part would also set out the rights of involuntary

patients to access to counsel, to receive visitors, to make phone calls and to

send and receive correspondence.

Part II of the Bill would provide for

the appointment of rights advisors by the minister. The rights advisor would be responsible for

meeting with persons detained under the authority of the Bill and the representatives

of these persons in order to provide information and advice with respect to a

person's status as an involuntary patient, the exercise of rights, the

retention of counsel and applications to and hearings by the review board.

Part III of the Bill would establish a

new process for certification of involuntary patients. This Part would provide for clear admission criteria,

shortened timelines for assessment and detention, ongoing assessment of the

person and automatic review of extended periods of detention. The new process would ensure that a person

would only be detained as an involuntary patient on the strength of 2

certificates, one of which would be issued by a psychiatrist. The maximum period of detention on initial

certification would be 30 days with the possibility of successive renewals

following a psychiatric assessment.

With respect to treatment, while the

Bill would permit treatment to be administered without the consent of the

involuntary patient, the Bill would require the attending physician to take the

best interests of the person into account in the making of treatment decisions and

to consult with both the person and his or her representative before

administering treatment. The Bill would

prohibit the administration of psychosurgery.

The Bill would also permit the granting of authorized leaves as a method

of facilitating the reintegration of involuntary patients into the community.

Part IV of the Bill would establish a

new community treatment order which is designed to allow a person with a mental

disorder requiring treatment and care and supervision to reside in the

prescribed in a comprehensive community treatment plan. The order would be issued by a psychiatrist,

taking into account the statutory criteria, and would remain in effect for 6

months with the possibility of further renewals. This Part would also establish processes

respecting the renewal, variation, termination and revocation of the order.

Part V of the Bill would establish a

new 13 member Mental Health Care and Treatment Review Board to replace the

existing Mental Health Review Board. The

board would be headed by a chairperson who is a lawyer and consist of 4

lawyers, 4 physicians and 4 other persons.

The board would sit in panels of 3 members to hear and determine

applications related to a person's status as an involuntary patient, the

issuance or renewal of a community treatment order and an allegation of a

denial of a patient's rights. The board

would have the authority to confirm or rescind a person's status as an

involuntary patient, to confirm or rescind a community treatment order and to make

a non-binding recommendation to an administrator where a violation of rights

has been determined. The decisions of

the board would be appealable on a question of law to the Supreme Court, Trial

Division.

Part VI of the Bill would provide

mechanisms for the transfers of involuntary patients from one psychiatric

facility to another, from a psychiatric unit to a hospital and from one

province to another. This Part would

also address the transfer of mentally disordered adult and young offenders from

a custodial facility to a psychiatric facility for treatment. This Part would also provide for mandatory

assessment of individuals detained under a disposition under the Criminal Code to determine if these individuals

meet the criteria for certification as an involuntary patient. Certification would permit these individuals

to be treated during the period of detention under the Criminal Code .

Part VII of the Bill would effect a number of transitional amendments to address the

status of individuals certified under the current Mental Health Act , the renewal of certifications issued under the Mental Health Act and the disposition of

outstanding applications before the review board established under the Mental Health Act . The Part would also make consequential

amendments and repeal the Mental Health

Act .

Part VII would also provide

that the Act, with the exception of

Part IV, would come into effect on October 1, 2007 . The commencement of

Part IV

would be deferred until January 1, 2008 .

A BILL

AN ACT RESPECTING MENTAL HEALTH CARE AND TREATMENT

Analysis

Short title

Interpretation

Purpose

PART

GENERAL

Powers of minister

Agreements

Review of Act

Protection from liability

Regulations

Offence

PART

RIGHTS AND RIGHTS ADVISORS

Duties of peace officer on apprehension

or detention

Duties of facility on apprehension or detention

Procedural rights of involuntary patient

Rights advisor

Functions of rights advisor

Notice to rights advisor

PART

III

ASSESSMENT, ADMISSION, TREATMENT AND DISCHARGE

Admission only on certificates

Certificate of involuntary admission

Effect of one certificate of admission

Judge's order for involuntary

psychiatric assessment

Apprehension by a peace officer

Powers and duties of person apprehending

and conveying

Assessment of detained person

No assessment or no admission

Admission on 2 certificates

Detention pending conveyance

Admission to a treatment facility

Certificates of involuntary admission to

be filed

Length of detention

Ongoing assessment

Renewal or discharge

Detention under certificate of renewal

Discharge

Automatic review of detention

Change in status of a voluntary patient

Treatment

Prohibition on treatment

Authorized leave

Unauthorized leave

Part does not apply

PART

COMMUNITY TREATMENT ORDERS

Community treatment order

Form and contents of community treatment

order

Community treatment plan

Notice of issue or renewal

Responsibility of attending psychiatrist

Responsibilities of persons named in the

order

Treatment

Duration of order

Renewal of community treatment order

Variation

Termination

Revocation of order

Protection from liability

Board review of order

No limitation

PART

MENTAL HEALTH CARE AND TREATMENT REVIEW BOARD

Parties defined

Mental Health Care and Treatment Review

Board

Appointment

Term of appointment

Remuneration

Chairperson of board

Panels

Decision making procedure of panel

Ineligibility to participate on panel

Jurisdiction of board

Power to dismiss an application

Application

Referral of application

Powers of panel

Conduct of proceedings

Rights of parties

Decision of the board

Order of the panel

Appeal

PART

CRIMINAL CODE AND TRANSFERS

Detention under Criminal Code

Transfer to another psychiatric unit

Temporary removal or transfer

Notice of transfer

Adult offenders

Young offenders

No appeal or review

Transfer of patients to and from the

province

PART

VII

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND REPEAL

Transitional

Consequential amendments

RSNL1990 cM-9 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Mental Health Care

and Treatment Act .

Interpretation

(1) In

this Act

(a) " administrator "

means the person in charge of administrative functions within a psychiatric

unit and includes his or her designate;

(b) " attending physician"

means the physician who is given responsibility for the observation, care and

treatment of a person during the period that a certificate or order in respect

of the person is in effect and includes an attending psychiatrist;

(c) " board "

means the Mental Health Care and Treatment Review Board established under

section 56;

(d) " certificate "

means a certificate issued under this Act and includes a certificate of involuntary

admission and a certificate of renewal;

(e) " community

treatment order" means an order issued under subsection 40(2);

(f) " community

treatment plan" means the plan referred to in paragraph 40(2)(

c) that is a

required part of a community treatment order;

(g) " court "

means, unless the context indicates otherwise, the Provincial Court of

Newfoundland and Labrador and includes a judge of the Provincial Court whether sitting in court or in chambers;

(h) " facility "

means a place where a psychiatric assessment may be conducted and includes a

physician's office;

(i) "involuntary patient" means a person

who is the subject of 2 certificates of involuntary admission issued in

accordance with

section 17 or a certificate of renewal issued in accordance

with paragraph 30(2)(a);

(j) " judge "

means, unless the context indicates otherwise, a Provincial Court judge appointed under the Provincial Court Act, 1991 and includes the chief judge;

(k) " mental

disorder" means a disorder of thought, mood, perception, orientation or

memory that impairs

(

i) judgment or

behaviour,

(ii) the capacity to

recognize reality, or

(iii) the ability to meet

the ordinary demands of life,

and in respect of which psychiatric treatment is advisable;

(l) " minister "

means the minister appointed under the Executive

Council Act to administer this Act;

(m) " next of

kin" means the first named person or a member of the category of person on

the following list who has reached the age of 19 years and is mentally

competent and available:

(

i) a

spouse or cohabiting partner,

(ii) son or daughter,

(iii) father or mother,

(iv) brother or sister,

(

v) grandson or

granddaughter,

(vi) grandfather or grandmother,

(vii) uncle or aunt, and

(viii) nephew or niece;

(n) " nurse

practitioner" means a nurse practitioner as defined in the Registered Nurses Act ;

(o) " peace

officer" means

(

i) a member of the Royal

Canadian Mounted Police,

(ii) a member of the Royal

Newfoundland Constabulary, and

(iii) a sheriff,

sub-sheriff, bailiff and deputy sheriff appointed under the Sheriff's Act, 1991 ;

(p) " physician "

means a person who is licensed to engage in the practice of medicine in the

province or is otherwise lawfully engaged in the practice of medicine in the

province;

(q) "psychiatric unit" means a facility

which is a hospital or part of a hospital and that has been designated by the minister

for the observation, assessment, detention, custody, restraint, treatment, care

and supervision of a person with a mental disorder;

(r) " psychiatrist "

means a physician who holds a specialist's certificate in psychiatry issued by

The Royal College of Physicians and Surgeons of Canada or equivalent qualification

acceptable to the minister;

(s) "psychosurgery" means a procedure

that by direct access to the brain removes, destroys or interrupts the normal

connections of the brain for the primary purpose of treating a mental disorder

but does not include neurosurgical procedures designed to treat reliably

diagnosed organic brain conditions or epilepsy;

(t) "representative" means a person,

other than a rights advisor, who has reached the age of 19 years and who is

mentally competent and available who has been designated by, and who has agreed

to act on behalf of, a person with a mental disorder and where no person has

been designated, the representative shall be considered to be the next of kin,

unless the person with the mental disorder objects;

(u) " rights

advisor" means a person appointed under

section 13; and

(v) " voluntary

patient" means a person who remains in a psychiatric unit with his or her consent

or with the consent of a substitute decision-maker.

(2) A person who has a duty to inform or to advise

under this Act satisfies that duty by informing or advising another to the best

of his or her ability and in a manner that addresses the special needs of the

person receiving the information or advice, whether or not that person

understands the information or advice.

(3) For the purpose of this Act, except where

otherwise indicated, a reference to "approved form" means a form

approved by the minister.

Purpose

(1) The

purpose of the Act is as follows:

(

a) to provide for the treatment,

care and supervision of a person with a mental disorder that is likely to

result in dangerous behaviour or in substantial mental or physical

deterioration or serious physical impairment;

(

b) to protect a person with a mental disorder

from causing harm to himself or herself or another and to prevent a person with

a mental disorder from suffering substantial mental or physical deterioration

or serious physical impairment;

(

c) to provide for the apprehension, detention,

custody, restraint, observation, assessment, treatment and care and supervision

of a person with a mental disorder by means that are the least restrictive and

intrusive for the achievement of the purpose set out in paragraphs (

a) and (b);

and

(

d) to provide for the

rights of persons apprehended, detained, restrained, admitted, assessed, treated

and cared for and supervised under this Act.

(2) Nothing in this Act

shall be considered to affect the rights or privileges of a person except as

specifically set out in this Act.

PART I

GENERAL

Powers of

minister

(1) The

minister may, by order published in

Part I of the Gazette, designate a facility or a part of a facility, a class or classes

of facilities, a hospital or part of a hospital, or other place as a psychiatric

unit for the assessment, treatment, care, supervision, custody or other purpose

relating to persons having a mental disorder and upon publication of the order

the facility, part of the facility, class or classes of facility, hospital or part

of a hospital or other place described in the order shall operate and be used

for the purpose specified in that order.

(2) The minister may approve forms for the purpose

of this Act.

Agreements

(1) The

or territory of Canada or with a person, entity or organization with respect to

(

a) the provision and funding

of mental health services;

(

b) the transfer, reception,

observation, assessment, detention, custody, restraint, treatment, care and

supervision of persons with a mental disorder in a psychiatric unit;

(

c) the assumption of all or part of the charges

incurred by a resident of the province detained in or admitted to a hospital,

mental health facility, psychiatric unit or treatment facility in another

province or territory of Canada; and

(

d) the sharing of costs,

the provision of services, and treatment, care and supervision of persons with

a mental disorder.

Review of Act

6. The

minister shall, every 5 years, conduct a review of this Act and the regulations

and the principles upon which this Act is based and consider the areas in which

improvements may be made and report his or her findings to the

Lieutenant-Governor in Council.

Protection from

liability

(1) An

action shall not be brought against, and an administrator, a physician, a psychiatrist,

a rights advisor, a nurse practitioner, a health care professional, the board, a

panel appointed by the chairperson of the board, a member of the board, or another

person or organization shall not be liable for

an act or failure to act, or for

a proceeding initiated or carried out or purportedly initiated or carried out

in good faith under this Act, or for carrying out duties or obligations under

this Act or for an application, decision, order, certificate, notice or other

authorization made or enforced or purported to be made or enforced in good

faith under this Act.

(2) An action shall not be brought against, and a

facility, a psychiatric unit, a hospital authority, a peace officer or the

Crown or an officer, employee, servant or agent of a facility, a psychiatric

unit, a hospital authority, a peace officer or the Crown shall not be liable for

a tort committed by a person who is subject to a certificate or order issued

under this Act while that certificate or order is in effect.

Regulations

8. The

Lieutenant-Governor may make regulations

(

a) prescribing the duties,

functions and powers of rights advisors in addition to the duties, functions and

powers prescribed by this Act;

(

b) respecting appeals to

the Trial Division from a decision of the board;

(

c) prescribing the duties

of the board and panels appointed under this Act and of the chairperson and

members of the board, in addition to the requirements of this Act;

(

d) respecting the assessment, admission,

detention, custody, treatment, authorized leave, transfer, discharge and placement

of persons having a mental disorder, including the specification of the

contents of a certificate, order or other authorization or documentation in

relation to the assessment, admission, detention, custody, treatment, leave,

transfer or discharge of a person, in addition to the requirements of this Act;

(

e) respecting the annual

report of the board;

(

f) respecting the proceedings of the board and of

panels of the board, including the form and content of applications to the

board, the conduct of hearings, the reception of evidence, the disposition of

applications, the internal rules and procedures of the board and panels and the

provision of notice and other communications to parties to an application and

witnesses;

(

g) respecting and

governing community treatment orders and community treatment plans, including

the contents of orders and their administration and enforcement;

(

h) prescribing persons

or classes of persons, in addition to physicians and nurse practitioners, who

may complete and sign a certificate of involuntary admission;

(

i) prescribing a place or classes of place at

which a person may be detained pending conveyance to a psychiatric unit as provided

for in

section 25 and the powers and duties of persons in charge of that place or

class of place with respect to the detained person;

(

j) respecting the

exercise of the rights set out in

Part II of this Act;

(

k) defining a word or

expression used but not defined in this Act;

(

l) re-defining or

further defining a word or expression defined in this Act; and

(

m) generally to give

effect to the purpose of this Act.

Offence

(1) A

person who, for the purpose of obtaining a certificate, a renewal of a

certificate, an order or other authorization under this Act, wilfully supplies an

administrator, physician, nurse practitioner, psychiatrist or other person

authorized by the regulations, a peace officer or another person having the

custody, care, control or supervision of a person with a mental disorder, with

untrue or incorrect information, is guilty of an offence.

(2) A person who commits an offence under

subsection (1) is liable, on

summary conviction, to a fine of not more than $2,000.

PART II

RIGHTS AND RIGHTS ADVISORS

Duties of peace

officer on apprehension or detention

10. Where

a person is apprehended by a peace officer under the authority of subsection 18(2)

or 19(4) or

section 20, the peace officer shall promptly inform the person

(

a) of the reasons for

his or her apprehension or detention;

(

b) that he or she is

being taken to a facility for an involuntary psychiatric assessment; and

(

c) that he or she has

the right to retain and instruct counsel without delay.

Duties of

facility on apprehension or detention

(1) Where

a person is conveyed to a facility for the purpose of an involuntary psychiatric

assessment under the authority of subsection 18(2) or 19(4) or

section 20, or

is detained in a psychiatric unit under the authority of

section 34 or 74 or

subsection 81(4), upon arrival at the facility or at the time of detention, as

the case may be, or if the person is apparently not able to understand, as soon

as the person appears able to understand the information, the attending

physician or his or her designate shall ensure that the person

(

a) is informed

(

i) where he or she is

being detained,

(ii) the purpose of the

detention, and

(iii) that he or she has

the right to retain and instruct counsel without delay; and

(

b) is provided with a

copy of the certificate, order or other authorization under which he or she is

apprehended or detained as soon as is reasonably practicable.

(2) The person in charge of a facility shall make

best efforts to determine whether a person referred to in subsection (1) has a

representative and, where a representative has been ascertained,

(

a) ensure that the

representative is informed as soon as is practicable following the person's

arrival at or detention in the facility that

(

i) the

person is being detained in the facility for the purpose of an involuntary

psychiatric assessment, and

(ii) the person detained

has the right to retain and instruct counsel without delay; and

(

b) provide the

representative with a copy of the certificate, order or other authorization

under which the person has been apprehended or detained.

(3) A person who is detained in a facility for the

purpose of an involuntary psychiatric assessment under

section 18, 19, 20, 34,

74 or subsection 81(4) shall not be denied

(

a) access at any time to

the person's legal counsel and the right to consult with legal counsel in

private either in person or by other means;

(

b) access to a telephone

to make or receive calls;

(

c) access to the

person's representative and the right to meet in private with the representative

either in person or by other means; and

(

d) where applicable,

access to visitors during scheduled visiting hours.

(4) The rights referred to in paragraphs (3 )(

b) to (

d) may be subject to the reasonable limits that are

prescribed in the regulations.

Procedural rights

of involuntary patient

(1) A

person who is an involuntary patient shall not be denied

(

a) the right to consult

and instruct his or her legal counsel in private at any time either in person

or by other means;

(

b) access to a telephone

to make or receive calls;

(

c) access to visitors

during scheduled visiting hours;

(

d) access to the rights

advisor;

(

e) access to his or her

representative; and

(

f) access to materials

and resources necessary to write and send correspondence, and reasonable access

to correspondence that has been sent to the person.

(2) The rights referred to in paragraphs (1 )(

b) to (

f) may be subject to the reasonable limits that are

prescribed in the regulations.

(3) The administrator shall ensure that an involuntary

patient is provided, at the time of admission, with an oral explanation of, and

a written statement setting out, the rights referred to in subsection (1) and

that a notice of those rights is prominently displayed in all wards and in

public reception areas of the psychiatric unit.

(4) Where a person is admitted as an involuntary

patient, or where the person's status as an involuntary patient is renewed, the

attending physician shall ensure that he or she is

(

a) informed of the

reasons for the issuance of the certificates of involuntary admission or

certificate of renewal;

(

b) provided with a copy

of the certificates of involuntary admission or certificate of renewal;

(

c) advised of his or her

right

(

i) to retain and

instruct counsel without delay, and

(ii) to meet with the

rights advisor as provided for in paragraph 14(2)(a); and

(

d) provided with a

written statement setting out

(

i) the functions of the

board,

(ii) the address of the

board, and

(iii) the right of the person or his or her representative

acting on behalf of the person to apply to the board for a review of the

certificates of involuntary admission or certificate of renewal.

(5) Where the person does not appear able to

understand the information provided under subsection (4) at the time it is

provided, the attending physician shall ensure that the information is repeated

at the request of the person and again as soon as the person appears able to

understand it.

(6) Where an involuntary patient does not

understand or speak the language in which the information referred to in subsection

(4) is provided, the attending physician shall advise the administrator and the

administrator shall ensure that the involuntary patient is provided with the

assistance of an interpreter.

(7) As soon as is

practicable following the admission of a person as an involuntary patient or

the renewal of a person's status as an involuntary patient, the administrator

shall ensure that the involuntary patient's representative is informed

(

a) of the person's status

as an involuntary patient and the reasons for the issuance of the certificates

of involuntary admission or the certificate of renewal;

(

b) that the involuntary

patient has the right to retain and instruct counsel without delay in private

either in person or by other means;

(

c) that the involuntary

patient or his or her representative acting on his or her behalf may apply to

the board for a review of the certificates of involuntary admission or the

certificate of renewal; and

(

d) that the representative

has the right to meet with the rights advisor.

(8) The administrator shall provide a copy of all

notices and other information required to be given to the involuntary patient

to the representative.

Rights advisor

(1) The

minister may appoint one or more rights advisors in accordance with the

regulations.

(2) A rights advisor shall not be a person who is

(

a) involved in the

direct clinical care of the person to whom the rights advice is to be given; or

(

b) providing treatment

or care and supervision under a community treatment plan.

Functions of

rights advisor

(1) The

rights advisor may offer advice and assistance in accordance with this Act to

(

a) a person who is detained

in or admitted to a psychiatric unit; or

(

b) a person who is residing

in the community under a community treatment order or its renewal; and

(

c) the representative of

a person referred to in paragraph (

a) or (b).

(2) The rights advisor shall

(

a) meet in person or by other means as soon as

possible with a person referred to in paragraph (1 )(

a) or (

b) and in any event within 24 hours of the person's detention in or

admission to the psychiatric unit or the issuance of a community treatment

order and meet after that at the request of the person referred to in paragraph

(1)(

a) or (

b) or as required by this Act or the regulations;

(

b) explain the

significance of a certificate of involuntary admission or a community treatment

order or the renewal of a certificate of involuntary admission or a community

treatment order to the person who is subject to the certificate or order;

(

c) communicate

information in a neutral, non-judgmental manner;

(

d) meet as soon as is practicable in person or by

other means with the representative of a person referred to in paragraph (1)(

a) or (

b) and after that at the request of the representative or as required by

this Act or the regulations;

(

e) at the request of the

person or his or her representative, assist the person in making application to

the board in accordance with this Act and the regulations;

(

f) at the request of the

person or his or her representative, assist the person in obtaining legal

counsel;

(

g) at the request of the

person or his or her representative, accompany the person to board hearings;

(

h) maintain confidentiality;

and

(

i) perform other

functions prescribed by the regulations.

Notice to rights

advisor

(1) The administrator shall ensure that the rights advisor is given notice of

(

a) a decision to admit or

detain a person in a psychiatric unit;

(

b) the filing of each

certificate in respect of an involuntary patient;

(

c) the cancellation or

expiration of a certificate of involuntary admission and the release of an

involuntary patient from a psychiatric unit;

(

d) the change in status

of a voluntary patient to an involuntary patient; and

(

e) an application to the

board under

section 33.

(2) The administrator or attending psychiatrist,

as appropriate, shall ensure that the rights advisor is given notice of

(

a) the issuance,

renewal, expiry, termination or revocation of a community treatment order; and

(

b) an application to the

board under subsection 53(3).

PART III

ASSESSMENT, ADMISSION, TREATMENT AND DISCHARGE

Admission only on

certificates

16. Except

as otherwise provided in subsection 82(1), but notwithstanding another

provision of this Act, a person may only be admitted to and detained in a

psychiatric unit as an involuntary patient under the authority of 2

certificates of involuntary admission or a certificate of renewal completed in

accordance with this Part.

Certificate of

involuntary admission

(1) A

certificate of involuntary admission shall be in the approved form and shall contain

the following information:

(

a) a statement by a person described in

subsection 17(2) that he or she has personally conducted a psychiatric

assessment of the person who is named or described in the certificate within

the immediately preceding 72 hours, making careful inquiry into all of the

facts necessary for him or her to form an opinion as to the nature of the

person's mental condition;

(

b) a statement by the person who has conducted

the psychiatric assessment referred to in paragraph (

a) that, as a result of

the psychiatric assessment, he or she is of the opinion that the person who is named

or described in the certificate

(

i) has a mental disorder,

and

(ii) as a result of the

mental disorder

(

A) is likely to cause harm to himself or herself

or to others or to suffer substantial mental or physical deterioration or

serious physical impairment if he or she is not admitted to and detained in a

psychiatric unit as an involuntary patient,

(

B) is unable to fully appreciate the nature and

consequences of the mental disorder or to make an informed decision regarding

his or her need for treatment or care and supervision, and

(

C) is in need of

treatment or care and supervision that can be provided only in a psychiatric

unit and is not suitable for admission as a voluntary patient;

(

c) a description of the facts upon which the

person who has conducted the psychiatric assessment has formed the opinion

described in subparagraphs (b)(

i) and (ii), distinguishing between the facts

observed by him or her and those that have been communicated by another person;

(

d) the time and date on

which the psychiatric assessment was conducted;

(

e) the dated signature

of the person completing the certificate of involuntary admission; and

(

f) another matter

required by the regulations.

(2) A certificate of involuntary admission shall

be completed and signed as follows:

(

a) the first certificate of involuntary admission

may be completed and signed by a physician, nurse practitioner or other person

authorized by the regulations; and

(

b) the second

certificate of admission shall be completed by a psychiatrist or, where a psychiatrist

is not readily available to assess the person and complete and sign a second

certificate, by a physician who is a person other than the person who completed

and signed the first certificate.

Effect of one certificate

of admission

(1) Where

a person has been the subject of a psychiatric assessment by a person described

in paragraph 17(2 )(

a) and the person conducting the

psychiatric assessment is of the opinion that the criteria set out in

subparagraphs 17(1)(b)(

i) and (ii) are met, he or she shall complete and sign a

first certificate of involuntary admission in accordance with subsection 17(1).

(2) The completion and signing of the first

certificate of involuntary admission under subsection (1) is sufficient

authority

(

a) for a person acting

under the authority of the certificate of involuntary admission

(

i) to apprehend the person who is named or

described in the certificate and to convey him or her without his or her

consent to a facility for an involuntary psychiatric assessment by a person

described in paragraph 17(2)(b), and

(ii) to observe, detain

and control the person during his or her apprehension and conveyance to a

facility;

(

b) for the person who

completed the first certificate of involuntary admission to authorize treatment

for the person who is named or described in the certificate during apprehension

and conveyance;

(

c) for the person who is named or described in

the certificate of involuntary admission to be detained, restrained, treated

and assessed without his or her consent following his or her arrival at the

facility for a period not to exceed 72 hours; and

(

d) for a person

described in paragraph 17(2)(

b) to conduct an involuntary psychiatric

assessment.

(3) The authority to apprehend and convey a person

to a facility for a psychiatric assessment under subsection (2) shall expire 7 days

after the date on which the first certificate of involuntary admission is

completed and signed.

Judge's order for

involuntary psychiatric assessment

(1) Anyone who has reasonable grounds to believe that a person

(

a) has a mental

disorder;

(

b) as a result of the mental disorder has caused

or is likely to cause harm to himself or herself or others or is likely to suffer

substantial physical or mental deterioration or serious physical impairment;

and

(

c) refuses to submit to

a psychiatric assessment

may apply to a judge for an order for a psychiatric assessment of the

person.

(2) An application under subsection (1) shall be

in writing and under oath or affirmation and state reasons in support and may

be made without notice to another person.

(3) A judge, after considering the allegations of

the person making the application and the evidence of any witnesses, may issue

an order for an involuntary psychiatric assessment of a person where the judge

is satisfied that

(

a) the allegations of

the applicant are founded; and

(

b) the person who is the

subject of the application

(

i) has a mental

disorder,

(ii) requires a

psychiatric assessment to determine whether he or she should be admitted to a

psychiatric unit as an involuntary patient, and

(iii) has refused or is

likely to refuse a psychiatric assessment.

(4) An order granted under this

section

(

a) shall direct a peace

officer to apprehend and convey the person who is named or described in the

order to a facility for an involuntary psychiatric assessment; and

(

b) is sufficient

authority for

(

i) the peace officer to

observe, detain and control the person named or described in the order during

the apprehension and conveyance,

(ii) for a person

described in paragraph 17(2)(

a) to conduct an involuntary psychiatric

assessment.

(5) An order under subsection (3) shall expire 7

days after the date on which it is made.

(6) The procedures respecting an application for

an order, the hearing of the application, the making of an order under this

section and any forms shall be in accordance with rules made under the Provincial Court Act, 1991 .

Apprehension by a

peace officer

20. Where

a peace officer has reasonable grounds to believe that a person

(

a) has a mental

disorder;

(

b) as a result of the mental disorder has caused

or is likely to cause harm to himself or herself or another or is likely to

suffer substantial physical or mental deterioration or serious physical

impairment; and

(

c) refuses to submit to

a psychiatric assessment

and it is not feasible in the circumstances to make an application for

an order under

section 19, the peace officer may immediately apprehend that

person and convey him or her to a facility for an involuntary psychiatric

assessment.

Powers and duties

of person apprehending and conveying

(1) Where

a person is apprehended and conveyed to a facility for an involuntary

psychiatric assessment under

section 18, 19 or 20

(

a) the person effecting

the apprehension and detention may take reasonable measures, including the

entering of premises and the use of physical restraint, to apprehend the person

and to take him or her into custody; and

(

b) the person who is

apprehended and detained shall be conveyed to a facility for a psychiatric assessment

as soon as practicable and by the least intrusive means possible without

compromising the safety of that person or the public.

(2) Where a person is apprehended and conveyed to

a facility for an involuntary psychiatric assessment under

section 18, 19 or

20, the person conducting the assessment shall be provided with

(

a) the first certificate

of involuntary admission, where the person is apprehended and conveyed under subsection

18(2),

(

b) the judicial order made under subsection 19(3),

where the person is apprehended and conveyed under subsection 19(4); or

(

c) a written statement

from a peace officer, where the person is apprehended and conveyed under

section 20, setting out

(

i) the name of the

person conveyed, if known,

(ii) the date, time and

place at which the person was apprehended, and

(iii) the grounds on which

the peace officer formed his or her belief and any other information relating

to the circumstances which led to the taking of the person into custody.

(3) A person who has effected

an apprehension under

section 18, 19 or 20 shall remain at the facility and

retain custody of the person who has been apprehended until the involuntary psychiatric

assessment is completed.

(4) Subsection (3) does not apply where the person

conducting the involuntary psychiatric assessment advises that continuing custody

is not required.

Assessment of

detained person

(1) Where a person is conveyed to or detained in a facility

under

section 18, 19 or 20, a psychiatric assessment shall be conducted as soon

as possible and in any event within 72 hours of the arrival of the person at

the facility.

(2) A person who is detained at a facility for a

psychiatric assessment under subsection (1) may be treated without his or her

consent during the period of detention.

No assessment or

no admission

(1) Where

a person has been conveyed to a facility under

section 18, 19 or 20 and

(

a) a psychiatric

assessment has not been conducted within 72 hours of arrival at the facility; or

(

b) a psychiatric assessment has been conducted within

72 hours of arrival at the facility and it is the conclusion of the person conducting

the assessment that the criteria set out in subparagraphs 17(1)(b)(

i) and (ii)

are not met,

the person in charge of the facility or other responsible person shall

ensure that the person is promptly informed that he or she has the right to

leave the facility, subject to a detention that is lawfully authorized otherwise

than under this Act.

(2) Where a person is released from the facility

under subsection (1), the person who brought the person to the facility or another

person who has assumed custody shall, unless the detained person otherwise

requests, arrange for the return of the person to the place where the person

was when taken into custody or to another appropriate place.

Admission on 2 certificates

24. Where

2 certificates of involuntary admission have been completed in accordance with

section 17, the person named in the certificates shall be promptly admitted to

a psychiatric unit as an involuntary patient and where the second certificate

has been completed at a facility other than a psychiatric unit, the person

shall be immediately conveyed to a psychiatric unit for admission as an

involuntary patient.

Detention pending

conveyance

25. Notwithstanding

section 24, where 2 certificates of involuntary admission have been completed

but it is not practicable to immediately convey the person who is the subject

of the completed certificates to a psychiatric unit for admission as an

involuntary patient, the person may be held at an appropriate place in

accordance with the regulations for a period not exceeding 7 days, pending

conveyance to the psychiatric unit.

Admission to a

treatment facility

(1) Notwithstanding

section 24, where 2 certificates of involuntary admission have been completed

but the attending physician is of the opinion that the person who is named in

the certificates requires medical treatment or other health care services that

cannot be supplied in a psychiatric unit, the person may be detained and

treated at another place and shall be admitted to the psychiatric unit when the

treatment is concluded, provided that the period of detention authorized by the

certificates of involuntary admission has not expired.

(2) Where a person is detained in another place under

subsection (1), the person in charge of the place where the person is detained

has, in addition to the powers conferred upon him or her by the Act respecting

that place, the powers and duties of an administrator under this Act in respect

of the custody and control of the person and the person shall be considered to

continue as an involuntary patient of the psychiatric unit in the same manner

and to the same extent as if he or she were detained in the psychiatric unit.

Certificates of

involuntary admission to be filed

27. Where

2 certificates of involuntary admission have been completed and signed in

accordance with

section 17 and the person named in the certificates has been

admitted as an involuntary patient, the original of each certificate of

involuntary admission shall be placed in the patient's chart and a copy filed

with the administrator of the psychiatric unit.

Length of

detention

28. Where

a person has been admitted as an involuntary patient under

section 24, he or

she may be detained in the psychiatric unit for a period not to exceed 30 days

from the date of the completion and signing of the first certificate of

involuntary admission.

Ongoing

assessment

(1) During

the period of detention referred to in

section 28, the attending physician

shall

(

a) assess an involuntary

patient on an ongoing basis; and

(

b) conduct an assessment

of the involuntary patient at the patient's request, except where an assessment

has been conducted in the immediately preceding 48 hours,

in order to determine whether the criteria set out in subparagraphs

17(1)(b)(

i) and (ii) continue to be met.

(2) Where, as a result of an assessment referred

to in subsection (1), the attending physician is satisfied that the criteria referred

to in subparagraphs 17(1)(b)(

i) and (ii) do not continue to be met

(

a) the certificates of

involuntary admission shall be cancelled and the patient's status as an

involuntary patient shall be terminated; and

(

b) the administrator

shall advise the person of his or her change in status and of his or her right

to leave the psychiatric unit, subject to a detention that is lawfully

authorized other than under this Act.

Renewal or discharge

(1) Where

a person's status as an involuntary patient has not been terminated under subsection

29(2), within 72 hours immediately preceding the expiration of the 30 day

period of detention referred to in

section 28 the attending physician shall

conduct a psychiatric assessment of the person in order to determine if the

criteria set out in subparagraphs 17(1 )( b)(

i) and (ii)

continue to be met.

(2) Where a psychiatric assessment of a person has

been conducted under subsection (1) and the attending physician is satisfied

(

a) that the criteria set out in subparagraphs 17(1)(b)(

i) and (ii) continue to be met, he or she shall sign and complete a certificate of

renewal; or

(

b) that the criteria referred to in subparagraphs

17(1)(b)(

i) and (ii) are not met, the person shall be advised that his or her

status as an involuntary patient has been terminated and that he or she has the

right to leave the psychiatric unit subject to any detention that is lawfully

authorized otherwise than under this Act.

(3) The requirements of

section 17 respecting a

certificate of involuntary admission apply, with the necessary changes, to a

certificate of renewal referred to in paragraph (2 )( a),

and, where a certificate of renewal has been completed and signed in accordance

with this section, the original of the certificate of renewal shall be placed

in the patient's chart and a copy filed with the administrator of the

psychiatric unit.

Detention under

certificate of renewal

(1) Where

a certificate of renewal has been completed and filed under subsection 30(2), an

involuntary patient may be detained in a psychiatric unit according to the

following:

(

a) not more than 30 days

under the first certificate of renewal;

(

b) not more than 60

additional days under a second certificate of renewal; and

(

c) not more than 90

additional days under a third or subsequent certificate of renewal.

(2) There are no limits upon the number of

certificates of renewal which may be issued in respect of an involuntary

patient.

(3) The requirements of sections 29 and 30 apply,

with the necessary changes, to the assessment of an involuntary patient

detained under a certificate of renewal.

Discharge

32. Where

an authorized period of detention has expired and a certificate of renewal has

not been issued in respect of the involuntary patient, the administrator shall

ensure that the person is promptly informed that his or her status as an

involuntary patient is terminated and that he or she has the right to leave the

psychiatric unit, subject to a detention that is lawfully authorized otherwise

than under this Act.

Automatic review

of detention

(1) On

the filing of a second certificate of renewal and on the filing of each second

certificate of renewal after that, the administrator shall apply to the board

for a review of the person's status as an involuntary patient.

(2) An application by an administrator under

subsection (1) shall be considered to be an application by the patient and may

be determined by the board as if it were an application made under paragraph

64(1)(a).

Change in status of

a voluntary patient

(1) A

member of the nursing staff of a psychiatric unit may detain and where

necessary restrain a voluntary patient requesting to be discharged if the staff

person believes on reasonable grounds that the patient

(

a) has a mental

disorder;

(

b) as a result of the

mental disorder is likely to cause harm to himself or herself or another, or to

suffer substantial mental or physical deterioration or serious physical

impairment if he or she leaves the psychiatric unit; and

(

c) requires a

psychiatric assessment.

(2) Where a psychiatric assessment of the

voluntary patient has been conducted and the person conducting the assessment is

of the opinion that the criteria set out in subparagraphs 17(1 )( b) (

i) and (ii) are met, that person shall complete and

sign a certificate of involuntary admission in accordance with subsection 17(1)

and sections 18, 22, 23 and 24 shall apply, with the necessary changes, to the

person who is named in the certificate.

(3) The psychiatric assessment referred to in

subsection (2) shall be completed as soon as practicable and in no case more

than 4 hours following the request for discharge by the voluntary patient.

Treatment

(1) Where a person is an involuntary

patient, the attending physician or other person may, taking into account the

best interests of the involuntary patient, perform or prescribe diagnostic

procedures that he or she considers necessary to determine the existence or

nature of a mental disorder, and administer or prescribe medication or other

treatment relating to the mental disorder without the consent of the involuntary

patient during the period of detention.

(2) For the purpose of subsection (1), in taking

into account the best interests of the involuntary patient, the attending

physician or other person shall consider

(

a) whether the mental

condition of the involuntary patient will be or is likely to be improved by the

specified treatment;

(

b) whether the mental condition

of the patient will improve or is likely to improve without the specified

treatment;

(

c) whether the

anticipated benefit from the specified treatment and other related medical

treatment outweighs the risk of harm to the patient;

(

d) whether the specified treatment is the least

restrictive and least intrusive treatment that meets the requirements of paragraphs

(a), (

b) and (c); and

(

e) the wishes of the

involuntary patient expressed when the involuntary patient was competent.

(3) In the course of the application of diagnostic

procedures or the administration of treatment, the attending physician and

another health care professional involved in the treatment of the involuntary

patient shall, where appropriate,

(

a) consult with the involuntary

patient and his or her representative;

(

b) explain to the involuntary

patient and his or her representative the purpose, nature and effect of the

diagnostic procedure or treatment; and

(

c) give consideration to

the views of the involuntary patient and his or her representative with respect

to the diagnostic procedure or treatment and alternatives and the manner in

which diagnostic procedures or treatment may be provided.

Prohibition on

treatment

36. Psychosurgery

shall not be performed on or administered to an involuntary patient.

Authorized leave

(1) The

attending physician or his or her designate may issue a pass, in the approved

form, to an involuntary patient, permitting the patient to be absent from a

ward or a psychiatric unit for a specified period of time, subject to the conditions

specified in the pass and in the regulations.

(2) A copy of a pass issued under subsection

(1) shall be in the approved form and filed with the administrator and the original

shall be placed on the patient's chart.

(3) The provisions of this Act respecting an

involuntary patient continue to apply, with the necessary changes, to an involuntary

patient who has been issued a pass under subsection (1).

Unauthorized

leave

(1) Where

an involuntary psychiatric patient is absent from a psychiatric unit and

(

a) a pass has not been

issued under subsection 37(1); or

(

b) the period of leave

authorized by the pass under subsection 37(1) has expired,

the administrator may issue an order, in writing, in the approved form and

in accordance with the regulations, to a peace officer or other person

designated by the administrator to apprehend the patient and return him or her

to the psychiatric unit.

(2) An order under subsection (1) is sufficient

authority for the peace officer or other person designated by the administrator

(

a) apprehend the person

who is named or described in the order and to return him or her to the

psychiatric unit; and

(

b) observe , detain and

control the person during his or her apprehension and return to a psychiatrist

or a psychiatric unit.

(3) An order under subsection (1) expires 30 days

after the day it is issued and where an involuntary patient has not been

returned to the psychiatric unit within that time he or she shall be considered

to have been discharged from the psychiatric unit.

(4) A person who is returned to a psychiatric unit

under this

section may

(

a) be detained for the

remainder of the authorized period of detention to which the person was subject

when the person's absence was discovered; or

(

b) where the authorized

period of detention has expired during the period the person was absent from

the psychiatric unit,

(

i) be subject to a psychiatric assessment in

order to determine whether a first certificate of involuntary admission should

be completed in accordance with subsection 17(1); or

(ii) be discharged from

the psychiatric unit, subject to a detention that may be authorized otherwise

than under this Act.

(5) Where, as a result of a psychiatric assessment

referred to in subparagraph (4)(b)(i), a certificate of involuntary admission

is completed in accordance with subsection 17(1), sections 18, 22, 23 and 24

shall apply with respect to the admission of the person who is the subject of

the certificate as an involuntary patient.

Part does not

apply

39. Nothing

in this Part authorizes the granting of a pass under subsection 37(1) to an

involuntary patient who is subject to a detention lawfully authorized under

this Act.

PART IV

COMMUNITY TREATMENT ORDERS

Community treatment

order

(1) For

purpose of this Part, "in the community" means outside a psychiatric unit.

(2) A psychiatrist may issue or renew a community

treatment order with respect to a person where the following criteria are met:

(

a) he or she has examined the person named in the

order within the immediately preceding 72 hours and on the basis of the

examination and other pertinent facts respecting the person or the person's

condition that are known by or have been communicated to the psychiatrist, he

or she is of the opinion that

(

i) the person is

suffering from a mental disorder for which he or she is in need of continuing treatment

or care and supervision in the community,

(ii) if the person does

not receive continuing treatment or care and supervision while residing in the

community, he or she is likely to cause harm to himself or herself or another,

or to suffer substantial mental or physical deterioration or serious physical

impairment,

(iii) as a result of the

mental disorder, the person is unable to fully appreciate the nature and

consequences of the mental disorder and is therefore unlikely to voluntarily

participate in a comprehensive community treatment plan,

(iv) the services that the

person requires in order to reside in the community so that he or she will not

be likely to cause harm to himself or herself or to others, or to suffer

substantial mental or physical deterioration or serious physical impairment,

(

A) exist in the

community,

(

B) are available to the

person; and

(

C) will be provided to

the person, and

(

v) the person is capable

of complying with the requirements for treatment or care and supervision set

out in the community treatment order;

(

b) during the

immediately preceding 2 year period the person

(

i) has been detained in

a psychiatric unit as an involuntary patient on 3 or more separate occasions,

(ii) has been the subject

of a prior community treatment order;

(

c) the person, the psychiatrist who is

considering issuing the community treatment order or his or her designate and another

health professional, person or organization involved in the person's treatment

or care and supervision have developed a community treatment plan for the

person; and

(

d) the psychiatrist who is considering issuing

the community treatment order or his or her designate has consulted with the

health professionals, persons and organizations proposed to be named in the

community treatment plan and each has agreed in writing to be named in the plan.

Form and contents

of community treatment order

(1) A community treatment order shall be in the approved form

and shall be signed by the attending psychiatrist who issues the order.

(2) A community treatment order shall

(

a) set out the date on

which the examination referred to in paragraph 40(2)(

a) took place;

(

b) set out the facts on

which the psychiatrist has formed the opinion referred to in paragraph 40(2)(a);

(

c) identify the

psychiatrist who has issued the order and who is responsible for its general

supervision and management;

(

d) describe the

community treatment plan referred to in paragraph 40(2)(c);

(

e) identify the person

who has agreed to accept responsibility for the general supervision and

management of the community treatment plan and set out the reporting

obligations of that person;

(

f) identify the health professionals, persons and

organizations referred to in paragraph 40(2)(

d) who have agreed to provide

treatment and support services and set out the reporting obligations of those

persons;

(

g) contain an

undertaking by the person who is the subject of the order to

(

i) attend appointments with the psychiatrist who

issued the community treatment order, or with another health care professional,

person or organization referred to in the community treatment plan at the time

and places scheduled from time to time, and

(ii) comply with the

community treatment plan described in the community treatment order; and

(

h) satisfy another

requirement prescribed by the regulations.

(2) In addition to the information required under

subsection (1), a community treatment order shall also contain a notice in

writing to the person who is the subject of the order advising him or her that

(

a) he or she has the

right to retain and instruct counsel without delay in person or by other means;

(

b) he or she has the

right to meet with a rights advisor as provided for in paragraph 14(2)(a); and

(

c) he or she or his or

her representative has the right to apply to the board for a review of the

issuance, renewal or revocation of the community treatment order, including in

this notice the functions and address of the board.

Community treatment

plan

42. A

community treatment plan referred to in paragraph 40(2)(

c) shall contain

(

a) a plan of treatment for the person subject to the community treatment order that

describes the necessary medical and other supports, including income and

housing, required for the person to live in the community;

(

b) conditions relating to the treatment or care and supervision of the person;

(

c) the obligations of the person who is the subject of the community treatment

order;

(

d) the name of the psychiatrist who has issued the order and who is responsible for

its general supervision and management;

(

e) the name of the person who has agreed to accept responsibility for the general

supervision and management of the community treatment plan;

(

f) the names of the health care professionals, persons and organizations who have

agreed to provide treatment or care and supervision under the community

treatment plan and their obligations under the plan; and

(

g) another requirement prescribed by the regulations.

Notice of issue

or renewal

43. Where

a community treatment order is issued or renewed, a copy of the issued or renewed

order shall be provided to the person who is the subject of the order, the person's

representative, the rights advisor and each health care professional, person

and organization named in the community treatment plan by

(

a) the administrator,

where the person who is the subject of the community treatment order was an

involuntary patient at the time the order was issued; or

(

b) by the psychiatrist

who issued the order, where the person who is the subject of the order was not

an involuntary patient at the time the order was issued.

Responsibility of

attending psychiatrist

(1) Except

as otherwise provided in subsection (2), the psychiatrist who issues a

community treatment order is responsible for its general supervision and

management.

(2) Where the psychiatrist who issues a community

treatment order is unable to carry out his or her responsibilities under the

order, he or she may designate another psychiatrist to act in his or her place

with the consent of that psychiatrist, and the order shall be amended to

reflect the transfer of responsibilities.

(3) Where, under subsection (2), responsibility

for the general supervision and management of a community treatment order is

transferred to another psychiatrist and the order is amended, written notice of

the transfer of supervision and management responsibilities shall be provided to

the person who is the subject of the community treatment order, that person's

representative, the rights advisor and each health care professional, person

and organization named in the community treatment plan by

(

a) the administrator,

where the person who is the subject of the community treatment order was an

involuntary patient at the time the order was issued; or

(

b) the psychiatrist who

issued the order, where the person who is the subject of the order was not an

involuntary patient at the time the order was issued.

Responsibilities

of persons named in the order

(1) The

psychiatrist who is responsible for the general supervision and management of a

community treatment order may require reports on the condition of the person who

is the subject of the order from the health care professionals, persons and

organizations who are responsible for providing treatment or care and

supervision under the community treatment plan.

(2) A health care professional, person or

organization providing treatment or care and supervision to the person who is

the subject of the order is responsible for implementing the community

treatment plan to the extent described in the order.

Treatment

46 . Sections

35 and 36 apply, with the necessary changes, to the diagnostic procedures and

treatment that a person is required to submit to under a community treatment

order.

Duration of order

(1) A community treatment order expires 6 months after the day it is made unless

(

a) it is renewed in

accordance with

section 48; or

(

b) before its expiry it

is terminated under

section 50 or revoked under

section 51.

(2) Where a community treatment order expires and

is not renewed, written notice that the order is no longer in effect shall be

provided to the person who is the subject of the order, his or her representative,

the rights advisor and each health care professional, person and organization

named in the community treatment plan by

(

a) the administrator,

where the person who is the subject of the community treatment order was an

involuntary patient at the time the order was issued; or

(

b) by the psychiatrist responsible

for the management and supervision of the community treatment order, where the

person was not an involuntary patient at the time the order was issued.

Renewal of community

treatment order

(1) A

community treatment order may be renewed at any time before its expiry for a

period of 6 months.

(2) There are no limits on the number of renewals

under subsection (1).

(3) The requirements of sections 40, 41 and 42,

with the necessary changes, apply to the renewal of a community treatment

order.

Variation

(1) A

community treatment plan may be varied by

(

a) the psychiatrist who

is responsible for the general supervision and management of the community

treatment order; or

(

b) by a health care professional, person or

organization named in the community treatment plan, with the approval of the

psychiatrist who is responsible for the general supervision and management of

the community treatment order.

(2) Where a community treatment plan has been

varied under subsection (1), the psychiatrist who is responsible for the

management and supervision of the community treatment order shall provide written

notice of the variation to the person who is the subject of the order, his or

her representative, the rights advisor and each health care professional,

person and organization named in the community treatment plan who is affected

by the variation.

Termination

(1) While

a community treatment order is in effect, the psychiatrist who is responsible

for the management and supervision of the order may at any time and shall, at

the request of the person who is the subject of the order, conduct a

psychiatric assessment to determine if the person is able to continue to live

in the community without being subject to the order.

(2) A psychiatrist may refuse to conduct the psychiatric

assessment referred to in subsection (1) upon the request of the patient at any

time during the 3 months following the date of the last psychiatric assessment.

(3) Where, as a result of the assessment conducted

under subsection (1), the psychiatrist determines that the criteria referred to

in subparagraphs 40(2)(a)(i), (ii) and (iii) no longer continue to be met, he

or she shall

(

a) terminate the

community treatment order;

(

b) provide written notice to the person who is

the subject of the order that the order is no longer in effect and that he or

she may live in the community without being subject to the order; and

(

c) provide a copy of the notice referred to in paragraph

(

b) to the administrator, where appropriate, and to the person's representative,

the rights advisor and each health care professional, person and organization

named in the community treatment plan.

(4) A notice referred to in paragraph (3 )(

b) shall be in the approved form.

Revocation of

order

(1) Where

the psychiatrist who is responsible for the management and supervision of a

community treatment order has reasonable gounds to

believe that the person who is the subject of the order has failed to comply with

a condition of the community treatment order, he or she may issue an order in

the approved form to a peace officer.

(2) The psychiatrist shall not issue an order

under subsection (1) unless

(

a) he or she has

reasonable grounds to believe that the criteria set out in subparagraphs 40(2)(a)(i),

(ii) and (iii) continue to be met;

(

b) the person who is the

subject of the community treatment order refuses to submit to a psychiatric

assessment; and

(

c) reasonable efforts

have been made to

(

i) inform the person

of his or her failure to comply with the community treatment order,

(ii) inform the person of

the possibility that the psychiatrist may issue an order for an involuntary

psychiatric assessment and the possible consequences of that assessment, and

(iii) provide reasonable

assistance to the person to comply with the terms of the community treatment

order.

(3) An order under subsection (1) is sufficient

authority for a peace officer to

(

a) apprehend the person

who is named in the order and to convey him or her to a facility named in the

order for involuntary psychiatric assessment;

(

b) observe , detain and

control the person during his or her apprehension and conveyance to the

facility; and

(

c) take reasonable

measures, including the entering of premises and the use of physical restraint,

to apprehend the person who is the subject of the order and to take him or her

into custody.

(4) The authority to apprehend and convey the

person under subsection (3) shall expire 30 days after the date of the issuance

of the order.

(5) Where a person is conveyed to a facility under

the authority of an order under subsection (1), as soon as practicable and in

any event within 72 hours after arrival, a psychiatric assessment of the person

shall be conducted to determine whether

(

a) the community

treatment order should be terminated and the person should be released without

being subject to a community treatment order;

(

b) the community

treatment order should be continued, with any necessary variations;

(

c) where the person

conducting the assessment is of the opinion that the criteria set out in

subparagraphs 17(1)(b)(

i) and (ii) are met, the community treatment order

should be revoked and a first certificate of involuntary admission completed in

accordance with subsection 17(1).

(6) Sections 10 and 11 apply to a person who has

been apprehended by a peace officer and conveyed to a facility for an

involuntary psychiatric assessment under the authority of an order issued under

subsection (1).

(7) Where a first certificate of involuntary

admission is completed under paragraph (5 )( c),

sections 18, 22, 23 and 24 shall apply with respect to the admission of the

person who is the subject of the certificate as an involuntary patient.

Protection from

liability

(1) Where

the psychiatrist who is responsible for the management and supervision of a

community treatment order believes on reasonable grounds and in good faith that

a health care professional, other person or organization that is responsible

for providing treatment or care and supervision under a community treatment

plan is doing so in accordance with the plan, an action shall not be brought

against the psychiatrist and he or she is not liable for a failure by that

health care professional, other person or organization to provide treatment or

care and supervision or for a default or neglect by that health care professional,

person or organization in providing the treatment or care and supervision.

(2) Where a health care professional, other person

or organization that is responsible for providing an aspect of treatment or

care and supervision under a community treatment plan believes on reasonable

grounds and in good faith that the psychiatrist who is responsible for the

management and supervision of the community treatment order, or a psychiatrist designated

under subsection 44(2) or another health care professional, person or

organization named in the community treatment plan, is providing treatment or

care and supervision in accordance with the plan, an action shall not be

brought against, and the health care professional, person or organization person

is not liable for a failure by the psychiatrist or his or her designate or

another health care professional, person or organization to provide treatment

or care and supervision or for a default or neglect by that psychiatrist,

designate, health care professional, person or organization in providing the

treatment or care and supervision.

Board review of

order

(1) A person who is the subject of a community treatment order or his or her

representative may apply to the board to review whether the criteria for

issuing or renewing an assisted community treatment order are met.

(2) An application under subsection (1) may be

made each time a community treatment order is issued or renewed.

(3) Where a community treatment order is renewed

and on the occasion of each second renewal after that, an application shall be

made to the board for a review of the order by

(

a) the administrator,

where the person who is the subject of the community treatment order was an

involuntary patient at the time the community treatment order was made; or

(

b) the psychiatrist

responsible for the management and supervision of the order, where the person

who is the subject of the order was not an involuntary patient at the time the

order was made,

except where application for review has been made by the person who is the

subject of the order in the preceding month.

(4) An application under subsection (3) shall be

considered to be an application by the patient and may be determined by the

board as if it were an application made under paragraph 64(1 )( b).

No limitation

54. Nothing

in this Part prevents a physician, nurse practitioner, other person authorized

by the regulations, a peace officer or a judge from taking an action that he or

she may take under

Part III .

PART V

MENTAL HEALTH CARE AND TREATMENT REVIEW BOARD

Parties defined

55. For

the purpose of this Part, the following shall be considered to be parties to an

application to the board under

section 64:

(

a) where an application

is made to review the issuance of certificates of involuntary admission or a

certificate of renewal, the involuntary patient and the administrator;

(

b) where an application

is made to review the issuance or renewal of a community treatment order, the person

who is subject to the community treatment order and

(

i) the administrator, where

the person who is the subject of the community treatment order was an

involuntary patient at the time the order was issued, or

(ii) the psychiatrist who is

responsible for the management and supervision of the community treatment

order, where the person who is the subject of the order was not an involuntary

patient at the time the order was issued; and

(

c) where an application

is made alleging a violation of a right provided to a person under

section 11

or 12, the person alleging the violation of the right and the person in charge

of the facility.

Mental Health

Care and Treatment Review Board

(1) There shall be a Mental Health Care and Treatment Review Board

to hear and decide applications under this Act.

(2) The board shall report annually to the

minister on its operations and on another matter as required by the minister

and perform the other functions that may be prescribed by the regulations.

Appointment

(1) The board shall comprise 13 members appointed by the Lieutenant-Governor in Council

and consists of

(

a) a chairperson who is

a member in good standing of the Law Society of Newfoundland and Labrador ;

(b) 4 persons, each of whom is a member in good

standing of the Law Society of Newfoundland and Labrador and who expresses an

interest in mental health issues;

(c) 4 persons, each of whom is a physician; and

(d) 4 persons, each of whom is neither a member of

the Law Society of Newfoundland and Labrador nor a physician and each of whom expresses an interest in mental

health issues, with preference being given to a person who is or has been a consumer

of mental health services.

(2) A person appointed to the board shall have

knowledge or experience that will assist the board to achieve its mandate and

the composition of the board shall reflect the cultural, ethnic and regional

diversity of the province.

Term of appointment

(1) A

member of the board shall be appointed for a term of 3 years.

(2) Notwithstanding subsection (1), members of the

first board appointed under this Act shall be appointed to the following terms:

(

a) the chairperson and 2 persons referred to in each

of paragraphs 57(1)(b), (

c) and (

d) shall be appointed for a term of 4 years;

and

(b) 2 persons referred to in each of paragraphs 57(1 )( b), (

c) and (

d) shall be appointed for a term of 3 years.

(3) A member of the board is eligible for

reappointment for an additional single term of 3 years immediately upon the

expiry of his or her initial term of office.

(4) Where a member has served 2 consecutive terms

of office, that member shall not be eligible for reappointment to the board

until one calendar year has elapsed from the date of expiry of his or her second

term of office.

(5) Where a vacancy occurs on the board, the

Lieutenant-Governor in Council shall appoint a replacement member from the same

group as that of the member whose leaving created the vacancy, to serve out the

unexpired portion of the term.

(6) The exercise of the powers of the board or of

a panel shall not be impaired because of a vacancy in membership.

(7) All acts done by the board or by a member of

the board shall, notwithstanding that it is afterwards discovered that there

was a defect in the appointment or qualification of a person purporting to be a

member of the board, be as valid as if that defect had not existed.

Remuneration

59. The

remuneration, benefits and expenses of the members of the board shall be

determined by the Lieutenant-Governor in Council.

Chairperson of

board

(1) The

chairperson of the board shall

(

a) prepare the annual

report of the board referred to in subsection 56(2);

(

b) manage and plan the

conduct of applications to the board and matters referred to it, including the

assignment of members of the board to panels and the referral of applications

to a panel; and

(

c) exercise the powers

and perform the functions that may be conferred on him or her under this Act or

the regulations.

(2) The chairperson may delegate, in writing, his

or her powers under this Act to a member of the board who is appointed under

paragraph 57(1 )( b), except the power to make an annual

report.

(3) A delegation under subsection (2) may be made

subject to those conditions and restrictions as the chairperson considers

appropriate.

(4) Where the chairperson becomes permanently

incapable of performing his or her responsibilities under this Act, the

Lieutenant-Governor in Council shall appoint a new chairperson to serve out the

unexpired portion of the chairperson's term.

Panels

(1) A

panel of 3 members of the board shall be appointed by the chairperson to hear

and decide an application under

section 64 as follows:

(a) 3 members of the board, one of each of whom

shall be a person referred to in paragraphs 57(1)(b), (

c) and (d); or

(

b) the chairperson of

the board and 2 other members, one of each of whom shall be a person referred

to in paragraph 57(1)(

c) and (d).

(2) A panel

(

a) appointed under

paragraph (1)(

a) shall be chaired by a member of the board who is a person

referred to in paragraph 57(1)(b); and

(

b) appointed under

paragraph (1)(

b) shall be chaired by the chairperson of the board.

(3) Where, as result of absence, incapacity or for

another reason, a member of the board appointed to a panel under subsection

(1) is unable to continue his or her participation on the panel, the chairperson of

the board may appoint as a replacement member of the board a person who is of the

same class as that of the member whose leaving created the vacancy on the

panel.

Decision making

procedure of panel

(1) A quorum for a panel of the board is the 3 members referred

to in subsection 61(1).

(2) A decision of a panel shall be made by

majority vote.

(3) Each member of a panel is entitled to one vote.

Ineligibility to

participate on panel

63. A

member of the board shall not sit as a member of a panel where

(

a) his or her

participation in the panel would give rise to a reasonable apprehension of

bias; or

(

b) he or she has sat on

a Criminal Code review board hearing

in respect of a patient who is a party to an application under

section 64.

Jurisdiction of

board

(1) In

addition to the automatic reviews provided for in

section 33 and subsection 53(3),

the following applications may be made to the board:

(

a) an application by an

involuntary patient to review the issuance of certificates of involuntary

admission or a certificate of renewal;

(

b) an application by a

person who is the subject of a community treatment order to review its issuance

or renewal; and

(

c) an application by a

person detained in a facility alleging a denial of a right set out in

section

11 or 12.

(2) An application by a person under subsection

(1) may be made by the person's representative.

(3) Where an application is made under paragraph

(1 )(

a) or (

b) to review the issuance of certificates

of involuntary admission or a certificate of renewal or the issuance or renewal

of a community treatment order, and the certificate or order expires before a

decision is made, the application shall be considered to have been withdrawn

whether or not the certificate or order is renewed.

(4) An application to the board may be withdrawn

at any time before a decision is made by serving a notice of withdrawal in the approved

form on the chairperson of the panel and the other party to the application.

Power to dismiss

an application

(1) The

chairperson of the board may summarily dismiss an application without

referring it to a panel where

(

a) the application, in

the opinion of the chairperson, is vexatious, frivolous or is not made in good

faith; or

(

b) a review of the matter

has been considered by the board in the preceding 30 days.

(2) A decision of the chairperson of the board under

subsection (1) is not subject to appeal or review.

Application

(1) An application under

section 64 shall be made to the board in accordance with

the regulations.

(2) Except where an application is dismissed under

subsection 65(1), within 2 clear days of receipt of an application the chairperson

of the board shall appoint a panel and designate a chairperson of the panel and

refer the application to the chairperson of the panel.

Referral of

application

(1) A

panel shall hear and determine an application as soon as is reasonably possible

and in any event no more than 10 clear days after receipt of the referral under

subsection 66(2).

(2) Within 2 clear days of receipt of the referral

of the application under subsection 66(2), the chair of the panel shall give

notice of the date, time, place and purpose of the hearing to the parties to

the application.

(3) The notice of application under subsection (2)

shall

(

a) include a copy of the

application; and

(

b) advise a party that

he or she may make representations to the panel either in person or in writing

and submit evidence relevant to the application by a date to be set out in the

notice.

Powers of panel

(1) A

panel shall hear and consider applications in accordance with this Act and the

regulations and for that purpose a member of the panel has all the powers,

duties and immunities of a commissioner appointed under the Public Inquiries Act, and the panel shall

be considered to be an investigating body for the purpose of the Public Investigations Evidence Act .

(2) It is the duty of a panel to inform itself

fully of the facts by means of the hearing, and for this purpose, a panel may

(

a) require the

attendance of witnesses and the production of documents and records, in

addition to the witnesses called and the documents and records produced by a

party;

(

b) arrange for the

patient to be examined by a psychiatrist; and

(

c) engage independent

medical, psychiatric or other professional persons to present evidence and make

submissions with regard to a matter before the board and invite submissions

from any other person who, in the opinion of the panel, has a material interest

in or knowledge of matters relevant to the application.

Conduct of proceedings

(1) Every

proceeding before a panel shall be conducted in private and in as informal a

manner as is appropriate in the circumstances and as is consistent with the

regulations.

(2) Notwithstanding subsection (1), the panel may

permit a person who is not a party to be present during all or part of a

hearing where the patient requests or consents to the attendance of that person

and where the chairperson of the panel is of the opinion that there is no risk

of harm or injustice to a person.

(3) In a proceeding before the panel

(

a) all evidence shall be

given under oath or affirmation, and for this purpose, an oath or affirmation

may be administered by electronic or other means;

(

b) a record shall be made of all evidence

received or adduced in support of the application, and for this purpose, the

record may be created in writing or by electronic recording; and

(

c) the standard of proof

is on the balance of probabilities and the onus of proof shall be on the

administrator, the person in charge of the facility or the attending

psychiatrist, as the case may be.

Rights of parties

(1) A

party to the proceedings has the right to

(

a) be personally present

during the presentation of evidence to the panel;

(

b) be represented by

counsel or another person;

(

c) examine documentary

evidence placed before the panel;

(

d) present evidence; and

(

e) cross-examine

witnesses.

(2) Notwithstanding paragraph (1)(a), the person

making an application may not be compelled to attend a hearing of the panel but

the panel or a member of the panel may interview that person in private for the

purpose of assisting it in reaching a decision.

(3) For the purpose of paragraph (1 )( b), an involuntary patient or a person who is the subject

of a community treatment order is considered to have the capacity to retain and

instruct counsel for the purpose of a hearing before a panel and an appeal from

the decision of a panel.

(4) Notwithstanding paragraphs (1 )(

a) and (c), where a panel is of the opinion that

disclosure of the information to the person making the application would seriously

endanger the health or safety of that person or another person, the panel shall

disclose the information to the legal counsel or representative of the person

making the application but may refuse to disclose the information to the person

making the application.

Decision of the

board

(1) Except

in the case of a replacement member appointed under subsection 61(3), a member

of a panel shall not participate in a decision unless he or she was present

throughout the period the application was under review and heard the evidence

of the parties.

(2) Within 3 clear days following the conclusion of

its review, the chairperson of the panel shall deliver

(

a) to each party, its decision, in writing, signed

by the members of the panel, together with reasons in support of the decision,

and where the decision of the panel is not unanimous, any dissenting opinion;

and

(

b) to the chairperson of

the board, a copy of its decision, together with reasons, and any dissenting

opinions, and a record of all evidence presented to the panel.

(3) The record of evidence referred to in

paragraph (2 )(

b) shall be retained by the board for a

period of 7 years and shall be available for examination upon the request of a

party.

(4) In addition to the information referred to in

paragraph (2 )( a), the chairperson of the panel shall

also advise each party of his or her right to appeal the decision of the panel in

accordance with this Act and the regulations.

Order of the

panel

(1) In

its decision, a panel may

(

a) with respect to an application under paragraph

64(1)(a), confirm the person's status as an involuntary patient if it determines

that the criteria for admission as an involuntary patient set out in

subparagraphs 17(2)(b)(

i) and (ii) were met at the time of the hearing of the

application, notwithstanding a technical defect or error in a certificate of

involuntary admission or certificate of renewal, or cancel the certificate, where

it determines that the criteria for admission as an involuntary patient were

not met at the time of the hearing of the application, and order the person to

be released from the psychiatric unit, subject to a detention that is lawfully

authorized otherwise than under this Act;

(

b) with respect to an application under paragraph

64(1)(b), confirm the issuance or renewal of a community treatment order, where

the panel determines that the criteria set out in subsection 40(2) were met at

the time of the hearing of the application, notwithstanding a technical defect

or formal error in the community treatment order, or cancel the order, where it

determines that the criteria were not met at the time of the hearing of the

application, and allow the person to live in the community without being

subject to the community treatment order; and

(

c) with respect to an

application under paragraph 64(1)(c), determine whether the person's rights

were violated and recommend appropriate corrective action to the person in

charge of the facility.

(2) A recommendation under paragraph (1 )(

c) is not binding on the person in charge of the facility

and a failure or refusal by that person to comply with the recommendation may

not be appealed or reviewed.

(3) A decision of the board confirming or cancelling

a certificate or order applies to the certificate or order in force immediately

before the making of the order by the board.

(4) Nothing in this

section shall permit the

discharge or release of a person who is subject to detention otherwise than

under this Act.

(5) A decision of the panel shall be considered to

be a decision of the board and may be appealed in accordance with

section 73,

except that the findings of the panel on questions of fact are final and are

not subject to appeal.

Appeal

(1) A

party to an application may, within 30 days after receiving notice of a

decision of the board, appeal the decision on a question of law to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

(2) An appeal under this

section shall be

conducted in accordance with the regulations.

(3) An appeal under this

section does not stay the

decision being appealed unless the Trial Division orders otherwise.

PART VI

CRIMINAL CODE AND TRANSFERS

Detention under Criminal Code

(1) Where a person

(

a) is found not criminally responsible on account

of mental disorder or unfit to stand trial under

Part XX.1 of the Criminal Code ; and

(

b) is detained in a

psychiatric unit by a disposition or order under the Criminal Code,

within 72 hours of arrival at the

psychiatric unit the person shall be assessed without his or her consent by 2 persons,

one of whom shall be a person described in paragraph 17(2)(

a) and the other of

whom shall be a person described in paragraph 17(2)(b), and where each is of

the opinion that the criteria set out in subparagraphs 17(1)(b)(

i) and (ii) are

met, each shall sign and complete a certificate of involuntary admission and

the person shall be admitted to the psychiatric unit as an involuntary patient

in accordance with

section 24.

(2) A person referred to in subsection (1) who is

admitted to a psychiatric unit as an involuntary patient under subsection

(1) is subject to the provisions of this Act respecting involuntary patients,

except as follows:

(

a) there shall be no

review under this Act of the order or disposition under the Criminal Code authorizing the detention;

(

b) the provisions of

this Act respecting the transfer of patients shall not apply where the terms of

the committing order or disposition under the Criminal Code conflict with those provisions;

(

c) the person may not be the subject of a

community treatment order, including a renewal, while the detention under the Criminal Code is in effect; and

(

d) the person may leave

or be discharged from the psychiatric unit only in accordance with

part XX.1 of

the Criminal Code .

(3) Where a person has been detained under

part

XX.1 of the Criminal Code as unfit to

stand trial or not criminally responsible on account of mental disorder or has

been found not guilty by reason of insanity and the person's detention under

the Criminal Code is about to expire,

within 72 hours before the expiration of the detention the person shall be

assessed without his or her consent by 2 persons, one of whom shall be a person

described in paragraph 17(2)(

a) and the other of whom shall be a person

described in paragraph 17(2)(b), and where each is of the opinion that the

criteria set out in subparagraphs 17(1)(b)(

i) and (ii) are met, each shall sign

and complete a certificate of involuntary admission and the person shall be

admitted to the psychiatric unit as an involuntary patient in accordance with

section 24 and the provisions of this Act respecting involuntary patients shall

apply to that person.

Transfer to

another psychiatric unit

(1) Except

as otherwise provided by the terms of an order or disposition under the Criminal Code , where an administrator

believes that it is in the best interests of an involuntary patient to be

treated in a psychiatric unit other than the psychiatric unit the patient is

currently in, the administrator may authorize the transfer of the patient upon

the agreement of the administrator of the other psychiatric unit.

(2) Where a patient is transferred to another

psychiatric unit under subsection (1), the psychiatric unit receiving the

patient has the same authority to detain or treat the patient as the

psychiatric facility from which the patient was transferred had.

(3) An authorization to transfer shall be in the

approved form.

Temporary removal

or transfer

(1) Where

an involuntary patient requires hospital treatment or other services that

cannot as appropriately be provided in a psychiatric unit, the attending physician,

may, if otherwise permitted by law and with the consent of a physician in the

other facility, transfer the patient to that treatment facility and return him

or her to the psychiatric unit on the conclusion of the treatment, in

accordance with the regulations.

(2) Where an involuntary patient is transferred

under subsection (1),

(

a) the administrator and the attending physician of

the facility to which the patient is transferred have, in addition to the

powers and duties conferred by another Act, the powers and duties under this

Act in respect of the custody and control of the patient; and

(

b) the patient shall be

considered to continue as an involuntary patient of the psychiatric unit in the

same manner and to the same extent and is subject to the same control as if he

or she were in the psychiatric unit.

Notice of

transfer

77. Notice

of a transfer under subsection 75(1) or 76(1) shall be given to the involuntary

patient, his or her representative and the rights advisor.

Adult offenders

(1) Where

2 certificates of involuntary admission have been signed and completed in

accordance with

section 17 respecting a person imprisoned or detained in a

(

a) correctional

institution as defined in the Adult

Corrections Act ; or

(

b) prison , jail or

lockup operated by a police force,

the Minister of Justice or his or her deputy may order the removal of

the person to a psychiatric unit.

(2) Where an order is made under subsection (1),

the person in charge of the correctional institution, prison, jail or lockup,

shall in accordance with the order, cause the person

to be transported to the psychiatric unit named in the order and provide the

administrator with the completed certificates of involuntary admission and a

copy of the order.

(3) A person transported to a psychiatric unit

under subsection (2) shall be detained in the psychiatric unit until the

attending physician certifies that the criteria set out in subparagraphs 17(1 )( b)(

i) and (ii) do not continue to be met and the Minister

of Justice or his or her deputy may then order the person to be

(

a) returned to the correctional institution,

prison, jail or lockup, as the case may be, where the person continues to be

liable to imprisonment or detention; or

(

b) discharged from

custody.

(4) An order under subsection (1) or (3) shall be

in the form approved by the Minister of Justice.

(5) Except for the purpose of returning the

patient to his or her place of imprisonment, nothing in this

section authorizes

the discharge of a person who is imprisoned for an offence and whose sentence

has not expired.

(6) A person transferred under the authority of

subsection (1) shall be considered to be an involuntary patient admitted under

section 24 of this Act and all the provisions respecting involuntary patients

shall apply to that person except that legal custody over the person shall

remain with the Minister of Justice.

Young offenders

(1) Where

2 certificates of involuntary admission have been signed and completed in

accordance with

section 17 in respect of a young person who is detained in a

youth custody facility, the provincial director may authorize the removal of

the young person to a psychiatric unit.

(2) Upon the issuance of an authorization under

subsection (1), the provincial director shall, in accordance with that authorization,

cause the young person to be transported to the

psychiatric unit named in the order and provide the administrator with the

completed certificates of involuntary admission and a copy of the order.

(3) A young person transported to a psychiatric

unit under subsection (2) shall be detained in the psychiatric unit until the

attending physician certifies that the criteria set out in subparagraphs 17(1 )( b)(

i) and (ii) do not continue to be met and the provincial

director may then order the person to be

(

a) returned to a custody facility in accordance

with the provisions of the Youth Criminal

Justice Act (Canada), where the person continues to be liable to a period

of custody or detention; or

(

b) discharged from

custody.

(4) An order under subsection (3) shall be in the approved

form and in accordance with the regulations.

(5) Except for the purpose of returning the young

person to his or her place of custody, nothing in this

section authorizes the

discharge of a person who is subject to detention or who has been sentenced to

custody for an offence and whose custodial portion of the sentence has not

expired.

(6) A young person transported to a psychiatric

unit under the authority of subsection (1) shall be considered to be an

involuntary patient admitted under

section 24 of this Act and all the

provisions respecting involuntary patients shall apply to that person except

that legal custody over the person shall remain with the provincial director.

(7) For the purpose of this section, the terms "young

person", "youth custody facility" and "provincial

director" have the meaning ascribed to them in the Youth Criminal Justice Act ( Canada ).

No appeal or

review

80. Notwithstanding

another provision of this Act, a decision to transfer a person under

section 75,

76, 78 or 79 is not subject to appeal or to review.

Transfer of

patients to and from the province

(1) Where

it appears to a physician

(

a) that an involuntary

patient in a psychiatric unit has come or been brought into the province and

that the patient's care and treatment is the responsibility of another jurisdiction;

and

(

b) that it would be in

the best interests of that patient to be cared for in another jurisdiction,

the attending physician may authorize the transfer of the patient to

the other jurisdiction where the physician is satisfied that the patient will

be the subject of a psychiatric assessment in the receiving jurisdiction.

(2) Notwithstanding another provision of this Act,

no review or appeal lies from a decision to transfer a person under subsection

(1).

(3) Where it appears to a physician

(

a) that there is in

another jurisdiction an involuntary patient in a psychiatric facility and the

province is responsible for the patient's care and treatment; and

(

b) that it would be in

the best interests of the involuntary patient in the other jurisdiction to be

removed to a psychiatric unit in the province

the physician may, where satisfied that suitable arrangements have been

made for the transport, care and custody of the involuntary patient, authorize in

writing the transfer of the person into the province.

(4) Where a person has been transferred to the

province under subsection (2), he or she may be detained and treated without

his or her consent in a psychiatric unit for a period not to exceed 72 hours

and shall be the subject of 2 psychiatric assessments in order to determine

whether he or she should be admitted as an involuntary patient under

section

(5) An authorization referred to in subsections

(1) and (2) shall be in the approved form.

PART VII

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND REPEAL

Transitional

(1) Except

as otherwise provided in this section, the repeal of the Mental Health Act and the coming into force of this Act shall not

affect or invalidate an application, order, warrant, certificate or decision

made under the authority of the Mental

Health Act or other predecessor legislation.

(2) Where, on the day before the day on which

this Act comes into force, a person is detained in a psychiatric unit as an

involuntary patient under the Mental

Health Act , a certificate of involuntary admission issued under that Act

shall continue in force notwithstanding the repeal of that Act, but the

provisions of this Act respecting involuntary patients shall apply to the

person and, when the period of detention authorized under the Mental Health Act expires, the person

shall be discharged unless he or she is admitted to the psychiatric unit as an

involuntary patient in accordance with

Part III of this Act.

(3) Where, immediately before the coming into

force of this Act, a person

(

a) has been found not criminally responsible on

account of mental disorder or unfit to stand trial under

Part XX.1 of the Criminal Code or not guilty by reason of

insanity; and

(

b) is detained in a

psychiatric unit by a disposition or order under the Criminal Code

and, upon the coming into force of this

Act, the person continues to be detained in a psychiatric unit by a disposition

or order under the Criminal Code ,

within 30 days of the coming into force of this Act the person shall be

assessed without his or her consent by 2 persons, one of whom shall be a person

described in paragraph 17(2)(

a) and the other of whom shall be a person

described in paragraph 17(2)(

b) and, where each is of the opinion that the

criteria set out in subparagraphs 17(1)(b)(

i) and (ii) are met, each shall sign

and complete a certificate of involuntary admission in accordance with

section

17 and the person shall be admitted to the psychiatric unit as an involuntary

patient under

section 24.

(4) Notwithstanding the repeal of the Mental Health Act and the abolition of

the Mental Health Review Board established under that Act, that board is continued

for the purpose of hearing and determining an application which was made to it before

the coming into force of this Act.

(5) An application referred to in subsection

(4) shall be determined within 30 days after the day this Act comes into force and a

person aggrieved by the decision of that board may, within 30 days of the

decision, appeal from or against that decision as if the Mental Health Act had not been repealed.

(6) Where a person's status as an involuntary

patient under the Mental Health Act

continues in force under subsection (1), the person may apply to the board established

under this Act for a review of his or her status under paragraph 64(1)(

a) except

where an application in relation to this matter has been continued under

subsection (4).

Consequential

amendments

(1) Subparagraph 2(g)(iv) of the Access to Information and Protection of

Privacy Act is amended by striking out the words "the Mental Health

Review Board" and substituting the words "the Mental Health Care and

Treatment Review Board".

(2) Paragraph 2(

b) of the Advance Health Care Directives Act is repealed and the following

substituted:

(a) "health care decision" means a

consent, refusal to consent, or withdrawal of consent of any care, treatment,

service, medication, or procedure to maintain, diagnose, treat, or provide for

an individual's physical or mental health or personal care and includes

(

i) life-prolonging treatment,

(ii) psychiatric treatment for a person other than

a person admitted to a psychiatric unit as an involuntary patient under

section

24 or detained in a psychiatric unit under subsection 81(4) or released into

the community under a community treatment order under subsection 40(2) of the Mental Health Care and Treatment Act ,

(iii) the administration of

nutrition and hydration, and

(iv) admission to treatment facilities and removal

from those institutions, other than the admission, transfer, removal or discharge

of a person admitted as an involuntary patient under

section 24 or detained in

a psychiatric unit under subsection 81(3) or released into the community under

an assisted community treatment order under subsection 40(2) of the Mental Health Care and Treatment Act ;

(3) The

Schedule to the C hild and Youth Advocate Act is amended by striking out the words

"Mental Health Review Board" and substituting the words "Mental

Health Care and Treatment Review Board".

(4) The

Schedule to the Citizens' Representative Act is amended

(

a) by adding immediately

after the words "Insurance Adjusters, Agents and Brokers Appeal

Board" the words "Mental Health Care and Treatment Review

Board"; and

(

b) by striking out the words

"Mental Health Review Board".

(5) Paragraph 7(

b) of the Fatalities Investigations Act is amended by striking out the words

" Mental Health Act " and substituting

the words " Mental Health Care and

Treatment Act ".

(6) Paragraphs 2(

c) and (

f) of the Mentally Disabled Persons' Estates Act

are amended by striking out the words " Mental

Health Act " where they twice occur and substituting the words " Mental Health Care and Treatment Act ".

(7) Subsection 20(1) of the Mentally Disabled Persons' Estates Act is amended by striking out

the words "who has been committed to the hospital under and in accordance

with the Mental Health Act " and

substituting the words "who has been admitted to the hospital as an

involuntary patient under the Mental

Health Care and Treatment Act ".

(8) Subsection 20(6) of the Mentally Disabled Persons' Estates Act is repealed and the

following substituted:

(6) Where, while a patient of the hospital, a

person who is voluntarily a patient of the hospital is admitted as an

involuntary patient under the Mental

Health Care and Treatment Act , the date of admission for purpose of this

section is the date on which the first certificate of involuntary admission was

completed and signed.

(9) Subparagraph 2(i)(ii) of the Neglected Adults Welfare Act is amended

by striking out the words " Mental

Health Act " and substituting the words " Mental Health Care and Treatment Act ".

RSNL1990 cM-9 Rep.

84. The Mental

Health Act is repealed.

Commencement

85. This Act shall come into force on October 1, 2007 , except for

Part IV which shall come into force on January 1, 2008 .

Earl G. Tucker, Queen's Printer