524872423/96006/tlc96006_f

E3tlc96006

Introductory Provisions

Definitions

In this Act:

abuse means the deliberate mistreatment of an adult that causes the

adult

physical, mental or emotional harm, or

damage or loss in respect of the adult's financial affairs,

and includes intimidation, humiliation, physical assault, sexual assault,

overmedication, withholding needed medication, censoring mail, invasion or denial of

privacy or denial of access to visitors;

adult means anyone who has reached 19 years of age and, for all

purposes incidental to an application under

section 6 (2), includes a person who has reached 18

years of age;

attorney means a person authorized by a power of attorney or enduring

power of attorney to make decisions on behalf of another;

care facility has the same meaning as in the Health Care (Consent)

and Care Facility (Admission) Act ;

court means

in this Part and Parts 2 and 2.1, the Supreme Court,

Part 3, the Provincial Court, and

Part 4, the Supreme Court or the Provincial Court;

designated agency means

[Repealed 2007-34-1.]

Part 3, a public body, organization or person designated under

section 61 (a.1) for the purposes of that Part, and

Part 4, a public body, organization or person referred to in

paragraph (

a) or (b);

enduring power of attorney means a power of attorney made under

Part

2 of the Power of Attorney Act ;

financial affairs includes an adult's business and property, and the

conduct of the adult's legal affairs;

health authority designate means any person designated by a prescribed body as having authority to issue a certificate of incapability under

section 32;

health care has the same meaning as in the Health Care (Consent)

and Care Facility (Admission) Act ;

health care provider means a person who is licensed, certified or registered under a prescribed Act to provide health care;

near relative means an adult child, a parent, an adult brother or

sister, a grandparent or any other adult relation by birth or adoption;

neglect means any failure to provide necessary care, assistance,

guidance or attention to an adult that causes, or is reasonably likely to cause within a

short period of time, the adult serious physical, mental or emotional harm or

substantial damage or loss in respect of the adult's financial affairs, and includes

self-neglect;

power of attorney means a power of attorney other than an enduring

power of attorney;

qualified health care provider means a medical practitioner or a member of a prescribed class of health care providers;

representation agreement means an agreement made under the Representation Agreement Act ;

representative means a person authorized by a representation

agreement to make decisions on behalf of another;

self-neglect means any failure of an adult to take care of himself or

herself that causes, or is reasonably likely to cause within a short period of time,

serious physical or mental harm or substantial damage or loss in respect of the adult's

financial affairs, and includes

living in grossly unsanitary conditions,

suffering from an untreated illness, disease or injury,

suffering from malnutrition to such an extent that, without intervention, the

adult's physical or mental health is likely to be severely impaired,

creating a hazardous situation that will likely cause serious physical harm to

the adult or others or cause substantial damage to or loss of property, and

suffering from an illness, disease or injury that results in the adult dealing

with his or her financial affairs in a manner that is likely to cause substantial

damage or loss in respect of those financial affairs;

spouse means a person who

is married to another person, and is not living separate and apart, within the

meaning of the Divorce Act (Canada), from the other person,

is living with another person in a marriage-like relationship;

statutory property guardian means a person who, under

Part 2.1, may make decisions regarding an adult's financial affairs.

Guiding principles

This Act is to be administered and interpreted in accordance with the following

principles:

all adults are entitled to live in the manner they wish and to accept or refuse

support, assistance or protection as long as they do not harm others and they are

capable of making decisions about those matters;

all adults should receive the most effective, but the least restrictive and

intrusive, form of support, assistance or protection when they are unable to care for

themselves or their financial affairs;

the court should not be asked to appoint, and should not appoint, guardians

unless alternatives, such as the provision of support and assistance, have been tried or

carefully considered.

Presumption of capability

Until the contrary is demonstrated, every adult is presumed to be capable of

making decisions about the adult's personal care, health care and financial

affairs.

An adult's way of communicating with others is not grounds for deciding that he

or she is incapable of making decisions about anything referred to in subsection

(1).

Not in force — see Supplement

4-31

[Not in force — see Supplement]

2.1

Statutory Property Guardians

Obtaining a statutory property guardian

If a person has reason to believe that an adult may be incapable of managing the adult's financial affairs, the person may

if the person is a health care provider, request a qualified health care provider to assess the adult's incapability, or

in any case, notify the Public Guardian and Trustee of the person's belief, and the Public Guardian and Trustee may request a qualified health care provider to assess the adult's incapability.

If, after assessing the adult according to prescribed procedures, the qualified health care provider determines that the adult is incapable of managing that adult's financial affairs, the qualified health care provider may, using the prescribed form, report the adult's incapability to a health authority designate.

If a health authority designate receives a report under subsection (2) of an adult's incapability, the health authority designate may issue a certificate of incapability in respect of the adult, if satisfied that, based on the report and any additional information the designate receives,

the adult needs to make decisions about the adult's financial affairs,

the adult is incapable of making those decisions,

the adult needs, and will benefit from, the assistance and protection of a statutory property guardian,

the needs of the adult would not be sufficiently met by alternative means of assistance, and

either

the adult has not granted power over all of the adult's financial affairs to an attorney under an enduring power of attorney, or

an attorney has been granted power as described in subparagraph (

i) but is not complying with the attorney's duties under the Power of Attorney Act or the enduring power of attorney, as applicable.

3.1

A health authority designate must not issue a certificate of incapability unless the health authority designate has first

consulted with the Public Guardian and Trustee,

notified the adult, and, if contact information is known to the health authority designate, the adult's spouse or a near relative of the adult, of the intention to issue the certificate and the reasons for issuing it, and

given each person who received notice under paragraph (

b) a reasonable opportunity to respond.

3.2

Despite subsection (3.1) (b), notification need not be given to the adult, to another person referred to in that subsection, or to either the adult or another person referred to in that subsection, if the health authority designate has reason to believe that notification may result in

serious physical or mental harm to the adult, or

significant damage or loss to the adult's property.

If the health authority designate issues a certificate of incapability, the health authority designate must do all of the following:

forward the certificate to the Public Guardian and Trustee;

advise the adult, and, if contact information is known to the health authority designate, the adult's spouse or a near relative of the adult, that a certificate of incapability in respect of the adult has been issued, and provide each of them with a copy of the certificate.

The Public Guardian and Trustee is the adult's statutory property guardian as of the date on which the certificate of incapability was signed by the health authority designate who issued it.

[Repealed 2014-9-1.]

This

section does not apply if the adult has a committee, appointed under the Patients Property Act , responsible for managing the adult's affairs.

When Public Guardian and Trustee becomes statutory property guardian

[Not in force — see Supplement]

On becoming an adult's statutory property guardian, the Public Guardian and Trustee

[Not in force — see Supplement]

must advise the adult, and, if contact information is known to the Public Guardian and Trustee, the adult's spouse or a near relative of the adult, that

the Public Guardian and Trustee is the adult's statutory property guardian and may make decisions respecting the adult's financial affairs, and

the adult has the rights described in subsection (3).

On being advised that the Public Guardian and Trustee is an adult's statutory property guardian,

the adult, or a person acting on behalf of the adult, may request, within the prescribed time, a second assessment of the adult's incapability conducted by a qualified health care provider in accordance with prescribed assessment procedures, and

if, following the second assessment, a qualified health care provider determines that the adult is incapable of managing that adult's financial affairs, the adult, or a person acting on behalf of the adult, may apply to the court under

section 35 for a review of the determination.

When adult must be reassessed

The incapability of an adult who has a statutory property guardian must be reassessed by a qualified health care provider, in accordance with prescribed assessment procedures, if

[Not in force — see Supplement]

the adult's statutory property guardian informs the body that designated the health authority designate who issued the certificate of incapability that a reassessment should occur,

the adult requests a reassessment and has not been reassessed within the preceding 12 months, or

the court orders that a reassessment occur under

section 35 (3).

Court review of finding of incapability

If an adult has been determined to be incapable of managing the adult's financial affairs under

section 33 (3) or 34, the adult may apply to the court for a review of that determination.

The following are parties to a review under this section:

the adult who has been determined to be incapable;

the body that designated the health authority designate who issued the certificate of incapability;

if ordered by the court, a person appointed, under the Patients Property Act , as committee for the adult following a declaration under that Act that the adult is incapable of managing himself or herself.

The court may order the adult to attend at the time and place the court directs and submit to an assessment of incapability conducted by a qualified health care provider in accordance with prescribed assessment procedures.

The court may

confirm the determination of incapability, or

reject the determination of incapability and order that the statutory property guardianship is ended.

Not in force — see Supplement

[Not in force — see Supplement]

When authority ends

1)-(2

[Not in force — see Supplement]

Statutory property guardianship ends if

the Public Guardian and Trustee is the statutory property guardian and the Public Guardian and Trustee

is satisfied that the adult no longer needs a statutory property guardian, and

has provided notice to the adult that the adult no longer has a statutory property guardian,

following a second assessment under

section 33 (3), or a reassessment under

section 34,

a qualified health care provider determines that the adult is capable of managing the adult's financial affairs and notifies a health authority designate of the determination, and

the health authority designate accepts the determination of capability and notifies the Public Guardian and Trustee of the determination,

the court ends the statutory property guardianship under

section 35, or

the court appoints, under the Patients Property Act , a committee responsible for managing the adult's affairs.

If statutory property guardianship ends under subsection (3), the certificate of incapability issued under

section 32 is cancelled.

Not in force — see Supplement

38-39

[Not in force — see Supplement]

Not in force. Repealed.

40-43

[Not in force. Repealed 2006-33-2.]

Support and Assistance for Abused and Neglected Adults

Purpose of this Part

The purpose of this

Part is to provide for support and assistance for adults who

are abused or neglected and who are unable to seek support and assistance because

physical restraint,

a physical handicap that limits their ability to seek help, or

an illness, disease, injury or other condition that affects their ability to

make decisions about the abuse or neglect.

Definition

44.1

In this Part, guardian includes a committee under the Patients

Property Act .

Application of this Part

This Part applies whether an adult is abused or neglected in a public place, in

the adult's home, a relative's home, a care facility or any other place except a

correctional centre.

This Part does not

override the rights in

section 4 of the Health Care

(Consent) and Care Facility (Admission) Act , or

prevent an adult's representative or guardian from refusing health care for

the adult in accordance with wishes the adult expressed while capable, even if the

refusal will result in the adult's death.

Reporting abuse or neglect

Anyone who has information indicating that an adult

is abused or neglected, and

is unable, for any of the reasons mentioned in

section 44, to seek support and

assistance,

may report the circumstances to a designated agency.

Despite the Freedom of Information and Protection of Privacy

Act and the Personal Information

Protection Act , a person must not disclose or be compelled to

disclose the identity of a person who makes a report under this section.

No action for damages may be brought against a person for making a report under

this

section or for assisting in an investigation under this Part, unless the person

made the report falsely and maliciously.

A person must not

refuse to employ or refuse to continue to employ a person,

threaten dismissal or otherwise threaten a person,

discriminate against a person with respect to employment or a term or

condition of employment or membership in a profession or trade union, or

intimidate, coerce, discipline or impose a pecuniary or other penalty on a

person

because the person makes a report or assists in an investigation under this

Part.

In subsection (4), discipline includes

a refusal to issue or renew a licence or certificate to practise a profession

or trade, and

a denial or cancellation of permission to practise in a hospital or a refusal

to renew that permission.

Determining if the adult needs support and assistance

A designated agency must determine whether an adult needs support and assistance

if the agency

receives a report under

section 46,

has reason to believe that an adult is abused or neglected, or

receives a report that the adult's representative, guardian or monitor has

been hindered from visiting or speaking with the adult.

If the designated agency determines that the adult does not need support and

assistance, the designated agency

must take no further action, and

may advise the Public Guardian and Trustee.

If the designated agency determines that the adult needs support and assistance,

the designated agency may do one or more of the following:

refer the adult to available health care, social, legal, accommodation or

other services;

assist the adult in obtaining those services;

inform the Public Guardian and Trustee;

investigate to determine if the adult is abused or neglected and is unable,

for any of the reasons mentioned in

section 44, to seek support and

assistance.

Power to investigate

In conducting an investigation described in

section 47 (3) (d), a designated

agency must make every reasonable effort to interview the adult.

In addition, the designated agency may

interview the adult's spouse, the adult's near relatives, the adult's friends

or anyone else who may assist in the investigation, and

obtain any information that the circumstances require, including a report

from

a health care provider who has examined the adult,

any agency that provides or has provided health or social services to the

adult, and

iii

any person that manages the adult's financial affairs.

Section

62 applies to information referred to in subsection (2) (b).

Power to enter to investigate

A designated agency that is conducting an investigation described in

section 47 (3)

(

d) may apply to the court for an order under subsection (2) if someone

from the designated agency

believes it is necessary to enter any premises in order to interview the

adult, and

is denied entry to the premises by anyone, including the adult.

On application under subsection (1), the court may make an order

authorizing either or both of the following:

someone from the designated agency to enter the premises and interview the

adult;

a health care provider, as defined in the Health Care

(Consent) and Care Facility (Admission) Act , to enter the

premises to examine the adult to determine whether health care should be

provided.

If an application for a court order will result in a delay that could result in

harm to the adult, a justice of the peace may issue a warrant authorizing someone from

the designated agency to enter the premises and interview the adult.

The court may only make an order under subsection (2), and a justice of

the peace may only issue a warrant under subsection (3), if there is

reason to believe that the adult

is abused or neglected, and

is, for any of the reasons mentioned in

section 44, unable to seek

support and assistance.

Duty to report offence

If a designated agency has reason to believe that a criminal offence has been

committed against an adult about whom a report is made under

section 46, the designated

agency must report the facts to the police.

Outcome of investigation

After conducting an investigation described in

section 47 (3) (d), the

designated agency may do one or more of the following:

take no further action;

refer the adult to available health care, social, legal, accommodation or

other services;

report the case to the Public Guardian and Trustee or another

agency;

[Repealed 2007-34-10.]

apply to the court for an interim order requiring a person

to stop residing at and stay away from the premises where the adult lives,

unless the person is the owner or lessee of the premises,

not to visit, communicate with, harass or interfere with the

adult,

iii

not to have any contact or association with the adult or the adult's

financial affairs, or

to comply with any other restriction of relations with the adult,

for a period of up to 90 days;

apply to the court for an order under

Part 7 of the Family Law

Act for the support of the adult;

prepare a support and assistance plan that specifies any services needed by

the adult, including health care, accommodation, social, legal or financial

services.

An order may be made under subsection (1) (

e) without notice to the adult or a

person against whom the order is sought, if there are reasonable grounds for believing

that proceeding without notice is necessary for the immediate protection of the

adult.

On application under subsection (1) (e), the court may make an interim

order described in that subsection if the designated agency establishes that there is

reason to believe

the person has abused the adult, and

the adult is unable, for any of the reasons mentioned in

section 44

(c), to seek support and assistance.

Adult's involvement in decision making

The designated agency must involve the adult, to the greatest extent possible, in

decisions about how to

seek support and assistance, and

provide the support and assistance necessary to prevent abuse or neglect in the

future.

Support and assistance plan

A designated agency that prepares a support and assistance plan for an adult

must explain the plan and the proposed services to the adult.

If health care services or admission to a care facility is proposed in the

support and assistance plan, the designated agency must ensure that the Health

Care (Consent) and Care Facility (Admission) Act is complied

with.

When explaining the support and assistance plan to the adult, the designated

agency

must communicate with the adult in a manner appropriate to the adult's skills

and abilities, and

may allow the adult's spouse or any relatives or friends who accompany the

adult or who offer their assistance, to help the adult to understand or demonstrate an

understanding of the support and assistance plan.

If the adult decides not to accept the services proposed in the support and

assistance plan, they must not be provided except under

section 56 (3).

If the adult decides not to accept the services proposed in the support and

assistance plan and the adult appears to be incapable of making that decision, the

designated agency may ask the Public Guardian and Trustee to arrange for an assessment

of whether the adult is incapable.

Application for support and assistance orders

A designated agency that prepares a support and assistance plan may apply to the

court for an order authorizing the provision of services to the adult if the report of

the assessment under

section 53 (5) is that the adult is incapable of

deciding not to accept the services proposed in the plan.

At least 7 days before the date set for hearing the application, the designated

agency must serve a copy of the application on the following:

the adult who is the subject of the application;

the adult's spouse or, if the adult has no spouse, a near relative of the

adult;

the person in charge of any hospital, facility or residence where the adult

may be residing or receiving care;

the Public Guardian and Trustee;

[Not in force. Repealed 2006-33-2.]

the adult's attorney, representative or guardian;

[Repealed 2001-2-5.]

any person against whom an order is sought under

section 56 (3);

any other person that the court may direct.

The application must be accompanied by

a support and assistance plan that is prepared by the designated agency and

includes a statement of the adult's wishes if known, and

a report of the assessment under

section 53 (5).

Subsection (3) (

b) does not apply if the only order being sought is an order

under

section 56 (3) (c).

The hearing

Any of the following are entitled to be heard at the hearing of the application

for the provision of services to the adult:

the adult;

any person served under

section 54 (2);

any person supporting and assisting the adult who is the subject of the

application;

any person from the designated agency;

any other person whom the court agrees to hear.

It is up to the designated agency to prove on the balance of probabilities, that

the adult who is the subject of the application needs and would benefit from the

services proposed in the support and assistance plan.

Support and assistance orders

On hearing the application for the provision of services to the adult, the court

must consider whether or not the adult

is abused or neglected,

is unable to seek support and assistance because of an illness, disease,

injury or other condition that affects his or her ability to make decisions about the

abuse or neglect, and

needs and would benefit from the services proposed in the support and

assistance plan.

When considering the things referred to in subsection (1), the court must take

into account the information in the documents mentioned in

section 54 (3).

If the court is satisfied about the matters set out in subsection

(1), the court may

make an order for the provision of support and assistance to the adult without

his or her consent,

make an order under

Part 7 of the Family Law

Act for the support of the adult,

order a person the court finds has abused the adult

to stop residing at and stay away from the premises where the adult lives,

unless the person is the owner or lessee of the premises,

not to visit, communicate with, harass or interfere with the

adult,

iii

not to have any contact or association with the adult or the adult's

financial affairs, or

to comply with any other restriction of relations with the adult,

order a person the court finds has abused or neglected the adult to pay for,

or contribute towards, the adult's maintenance or services to be provided for the

adult, or

make any other order the court thinks is appropriate and in the best interests

of the adult.

In an order under subsection (3) (a), the court must specify the kinds

of support and assistance that are to be provided for the adult, including any of the

following:

admission to an available care facility, hospital or other facility for a

specified period of up to one year;

the provision of available health care;

the provision of available social, recreational, educational, vocational or

other similar services;

supervised residence in a care home, the adult's home or some other person's

home, for a specified period of up to one year;

the provision, for a specified period of up to one year, of available services

to ensure that the adult's financial affairs are properly managed and protected,

including any services that may be offered by the Public Guardian and

Trustee.

In an order made under this section, the court must choose the most effective,

but the least restrictive and intrusive, way of providing support and

assistance.

If an order is made under this section, the designated agency must serve a copy

of the order on the persons who were served with the application under

section 54

(2).

An order made under subsection (3) (

a) terminates one year after it is

made or on an earlier date specified by the court.

Review of support and assistance orders

A designated agency that obtained a support and assistance order under

section 56 (3) (

a) must review the need for the order if

the designated agency has reason to believe that any of the adult's needs or

the adult's ability to make decisions about support and assistance has changed

significantly since the order was made, or

the adult, or a spokesperson for the adult, requests a review and has a

substantial reason for doing so.

If the review under subsection (1) demonstrates that any of the adult's

needs or the adult's ability to make decisions about support and assistance has changed

significantly, the designated agency must apply to the court to have the order changed

or cancelled.

A designated agency that obtains a support and assistance order under

section 56 (3) (

a) may do either or both of the following:

review the need for the order before it terminates;

apply to the court for a renewal of the order.

On application under subsection (2) or (3), the court may

change or cancel the order if the court is satisfied that any of the adult's

needs or the adult's ability to make decisions about support and assistance has

changed significantly, or

renew the order for a further period of up to one year if the court is

satisfied that the adult still needs the support and assistance provided under

section 56

(3) (a).

A support and assistance order under

section 56 (3) (

a) may be

renewed only once.

Review of orders preventing contact

A person against whom an order is made under

section 56 (3) may apply to the

court to change or cancel the order.

On application under subsection (1), the court may change or cancel the

order or make any other order it considers to be in the best interests of the adult who

has been found to be abused or neglected.

Emergency assistance

A person from a designated agency may do anything referred to in subsection

(2) without the adult's agreement if

the adult is apparently abused or neglected,

it is necessary, in the opinion of the person from the designated agency, to

act without delay in order to

preserve the adult's life,

prevent serious physical or mental harm to the adult, or

iii

protect the adult's property from significant damage or loss, and

the adult is apparently incapable of giving or refusing consent.

In the circumstances described in subsection (1), the designated

agency may do one or more of the following:

enter, without a court order or a warrant, any premises where the adult may be

located and use any reasonable force that may be necessary in the

circumstances;

remove the adult from the premises and convey him or her to a safe

place;

provide the adult with emergency health care;

inform the Public Guardian and Trustee that the adult's financial affairs need

immediate protection;

take any other emergency measure that is necessary to protect the adult from

harm.

After providing the adult with the assistance and services mentioned in

subsection (2), the designated agency may conduct investigations under sections 48

and 49.

Appeal from Provincial Court decision

A party may appeal to the Supreme Court from an order made by the Provincial

Court under this Part.

The time limit for bringing an appeal under subsection (1) is 40 days,

beginning on the day after the order is made by the Provincial Court.

An appeal is brought by

filing a notice of appeal in a registry of the Supreme Court, and

serving a copy of the notice of appeal on the parties to the proceeding in

which the order of the Provincial Court was made, unless a judge of the Supreme Court

orders otherwise.

The Supreme Court Civil Rules apply to an appeal under subsection

(1) to the extent that they are consistent with this section.

An appeal does not operate as a stay or suspend the operation of the order under

appeal, unless a judge of the Supreme Court orders otherwise.

After hearing the appeal, the Supreme Court may do one or more of the

following:

confirm or rescind the order of the Provincial Court;

make any order that the Provincial Court could have made;

direct the Provincial Court to conduct a new hearing.

On application, the Supreme Court may extend the time limit for bringing an

appeal.

Protection from liability

60.1

A person acting on behalf of or under the direction of a designated agency is

not personally liable for anything done or omitted in good faith in the exercise or

performance or the intended exercise or performance of a power, duty or function

conferred under this Part on a designated agency.

Subsection

(1) does not absolve a designated agency or the government from vicarious

liability for

an act or omission for which it would be vicariously liable if this

section were not in force.

Administrative and Miscellaneous Provisions

Transfer of property by incapable adult

60.2

If an adult transfers an interest in the adult's property while the adult is

incapable, the transfer is voidable against the adult unless

the interest was transferred for full and valuable consideration, and that

consideration was actually paid or secured to the adult, or

at the time of the transfer, a reasonable person would not have known that the

adult was incapable.

In a proceeding in respect of a transfer described in subsection (1), the onus

of proving a matter described in subsection (1) (

b) is on the person to whom the

interest was transferred.

Designated agencies and organization of community

agencies

The Public Guardian and Trustee may

[Repealed 2007-34-16.]

a.1

by regulation, designate as agencies for the purposes of any or all of the

provisions of

Part 3 any public body, organization or person and limit their functions

as designated agencies by reference to any factor that the Public Guardian and Trustee

considers advisable,

organize networks of public bodies, organizations or persons for the provision

of support and assistance to abused or neglected adults,

establish an agency to assist in planning or developing a network of public

bodies, organizations or persons and in training staff, and

research the most effective ways of providing community and other services to

carry out the purposes of this Act.

Right to information

A designated agency, a qualified health care provider and the Public Guardian and Trustee have the right to all the information necessary to enable them to perform their duties, powers and functions under this Act.

Any person who has custody or control of information that a designated agency, a qualified health care provider or the Public Guardian and Trustee is entitled to under subsection (1) must disclose that information to the designated agency, qualified health care provider or Public Guardian and Trustee, as applicable.

This

section overrides

any claim of confidentiality or privilege, except a claim based on solicitor-client privilege, and

any restriction in an enactment or the common law about the disclosure or confidentiality of information, except a restriction in

section 51 of the Evidence Act .

Disclosing information

62.1

A designated agency may disclose information obtained under this Act for the purposes of exercising the powers or performing the duties or functions of the designated agency under this Act.

The Public Guardian and Trustee may disclose information obtained under this Act for the purposes of exercising the powers or performing the duties or functions of the Public Guardian and Trustee.

A qualified health care provider who performs an assessment of an adult's incapability under this Act may disclose information obtained under this Act for the purposes of providing a report of the assessment to

the Public Guardian and Trustee,

a health authority designate, for the purposes of exercising the powers or performing the duties or functions of the health authority designate under this Act,

a designated agency, for the purposes of exercising the powers or performing the duties or functions of the designated agency under this Act, and

a person who

makes a request, in writing, to the qualified health care provider for the report, and

confirms in the request that the report is to be used only for the purpose of an application to the court for an order under this Act.

Subsection (3) overrides any restriction in an enactment or the common law about the disclosure or confidentiality of information.

Supreme Court jurisdiction

62.2

Nothing in this Act

limits the inherent jurisdiction of the court to act in a parens patriae

capacity, or

deprives a person of the right to ask the court to exercise that

jurisdiction.

[Not in force.]

Costs of an application

62.3

For any matter for which an application may be made under

Part 2 or 2.1, or

section 62.2 (2), the court may order that the costs of the application be paid from the property of the adult who is the subject of the application.

Power to make regulations

The Lieutenant Governor in Council may make regulations referred to in

section

41 of the

Interpretation Act .

Without limiting subsection (1), the Lieutenant Governor in Council may

make regulations as follows:

prescribing bodies for the purpose of the definition of "health authority designate" in

section 1, and conferring on those bodies the authority to designate a person for the purpose of issuing a certificate of incapability under

section 32;

a.1

permitting a regional health board prescribed under paragraph (

a) to authorize, by bylaw approved by the minister responsible for the Health Authorities Act , an employee to make the designation referred to in paragraph (

a) on behalf of the regional health board;

for the purpose of the definition of "health care provider" in

section 1, prescribing Acts for the purposes of

Part 2.1 and for the purposes of

Part 3;

prescribing classes of health care providers whose members may act as qualified health care providers, and conferring a discretion on bodies that regulate health care providers to put limits or conditions on those whom they regulate respecting eligibility to act as qualified health care providers;

respecting procedures for assessments of incapability, including

prescribing different procedures for assessments made for different purposes,

i.1

prescribing procedures if an assessment or part of an assessment is carried out by more than one qualified health care provider,

prescribing factors to be considered in an assessment of incapability, and

iii

prescribing indicators of capability or incapability;

d.01

respecting requests by a qualified health care provider to other qualified persons for the purposes of seeking advice respecting an assessment;

d.1

providing for exemptions from reassessments of incapability in relation to adults who are being discharged from a facility designated under the Mental Health Act ;

respecting the making of an assessment report and the contents of the report;

prescribing forms and certificates for the purposes of this Act;

g) to (n

[Not in force.]

prescribing offences for the purposes of sections 27 and 37;

o.1

respecting the service and content of a notice, and the opportunity to respond, for the purposes of

section 32 (3.1), including respecting deemed receipt of a notice;

prescribing time limits within which a person must apply for a second assessment of incapability under

section 33 (3);

q) and (r

[Not in force.]

respecting disclosure of information by the Public Guardian and Trustee under

section 62.1;

defining words and expressions used but not defined in this Act.

Offences

A person who

contravenes

section 46 (4),

obstructs or hinders a person who is conducting an investigation under

section 48 or 49, or

contravenes an order made under

section 51 (3) or 56 (3)

(c),

commits an offence.

Section 5 of the Offence Act does not apply to this

Act or the regulations.

Not in force — see Supplement

[Not in force — see Supplement]

Commencement

This Act comes into force by regulation of the Lieutenant Governor in

Council.