British Columbia Order in Council — Order under Mental Health, s (O.C. 128/2023)

O.C. 128/2023

British Columbia — Orders in Council

128 February 28, 2023 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective October 2, 2023, the Provincial Assessment Centre for Community Living Services, Coquitlam ("PAC"), is transferred to the Provincial Health Services Authority ("PHSA") in accordance with the attached Schedule. Presiding Member of theExectliiv 9,.Counci/ (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Mental Health Act, R.S.B.C . 1996, c. 288, s. 4 Other: 010667603

SCHEDULE Conditions of transfer 1

(1) For the purposes of section 4 (2) (

a) of the Mental Health Act, the conditions of the transfer are as follows: (

a) that the transfer of the PAC does no t affect the fee simple interest or the Province’s leasehold interest in the la nd and building in which the PAC is located; (

b) that those terms and conditions of the Accommodation and Services Agreement dated September 1, 2016 (the “ASA”) between the Province and Community Living British Columbia (“CLBC”) that apply to the PAC (

i) will be reviewed by the Province and the PHSA, and (ii) are assigned by CLBC, as of the date of the transfer, to the PHSA; (

c) that the PHSA assumes all obligations assigned to the PHSA under paragraph (b) (ii); (

d) that the PHSA continues to provide services through the PAC to individuals with intellectual disabilities and conc urrent mental illness or complex behavioural needs; (

e) that CLBC transfers the clinical records of individuals who have received care through the PAC to the PHSA.

(2) Nothing in subsection (1) (b) (ii) or (

c) prevents amendment of the ASA on or after the date of the transfer for the purpose of implementing an agreement made between the Province and the PHSA on reviewing the ASA. Board of management For the purposes of section 4 (2) (

b) of the Mental Health Act , no persons are to be appointed to the board of management of the PHSA by the Lieutenant Governor in Council. Inspection requirements 3

(1) For the purposes of section 4 (2) (

c) of the Mental Health Act, the requirements of inspection are as follows: (

a) the PHSA must conduct regular ass essments for compliance with standards (

i) made with respect to mental h ealth and substance use tertiary care (“provincial standards”), and (ii) approved by the minister responsible for the administration of the Mental Health Act (“the minister”); (

b) the PHSA must submit information respecting the PHSA’s compliance with the provincial standards (

i) to a public servant designated by the minister, by name, title or position (“the designate”), and (ii) as required under the provincia l standards or by the designate; (

c) if required by the designate, the PHSA must submit to an assessment, by the designate or by a person specified by the designate, of the PHSA’s compliance with the provincial standards; (

d) if an assessment as de scribed in paragraph (

c) is conducted, the PHSA must comply with the recommendations, if any, made by the assessor; (

e) if required by the designate, th e PHSA must report to the designate respecting the PHSA’s compliance with the recommendations, if any, made by the assessor.

(2) The PHSA must submit information or a report required by a designate under this

section in the form and manner and by the date required by the designate.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 128/2023
Type	order_in_council
Volume / chapter	arc oic 0128 2023
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c95384537c9f071e5b7274121f3f5c66520140a2

Source file is stored in the law ingest library (pdf).