2009 Bill 59 Second Session, 27th Legislature, 58 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 59 MENTAL HEALTH AMENDMENT ACT, 2009 DR. SHERMAN First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 59 Dr. Sherman BILL 59 2009 MENTAL HEALTH AMENDMENT ACT, 2009 ( A s s e n t e d t o , 2 0 0 9 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 2007 c35 1(1) The Mental Health Amendment Act, 2007 is amended by this section.

(2) Section 8 is amended (

a) in the new

section 9.6(2) by striking out “issuing”; (

b) in the new

section 9.7 (

i) in subsection (1) (

A) by adding “or issue an apprehension order” after “cancel a community treatment order”; (

B) by adding “or issuing an apprehension order” after “cancelling a community treatment order”; (ii) in subsection (2) by adding “, or issue an apprehension order,” after “or cancel a community treatment order”.

1 Explanatory Notes Explanatory Notes 1(1) Amends

chapter 35 of the Statutes of Alberta, 2007.

(2) Sections 9.6(2) and 9.7 presently read:

(2) An order shall not be issued under subsection (1) unless the issuing psychiatrist is satisfied that efforts that are reasonable in the circumstances have been made to (

a) inform the person that the person has failed to comply with the community treatment order, (

b) inform the person of the possibility that the psychiatrist may issue an order for apprehension and assessment of the person if the person continues to fail to comply with the community treatment order, and of the possible consequences of that assessment, and (

c) provide reasonable assistance to the person to comply with the community treatment order. 9.7(1) Notwithstanding sections 9.1, 9.3, 9.4, 9.5 and 9.6 but subject to the regulations, where no psychiatrist is available to issue, renew, amend or cancel a community treatment order, a board or a regional health authority may designate a physician or health

(3) Section 19(

c) is amended in the new

section 42(2) by striking out “9.1(1)” and substituting “9.1(1)(

a) to (e)”. Amends RSA 2000 cM-13 2(1) The Mental Health Act is amended by this section.

(2) Section 45 is amended (

a) in subsection (2)(

b) by striking out “boards” and substituting “any person”; (

b) by adding the following after subsection (2):

(3) A regulation made under subsection (2)(

b) prevails despite the Health Information Act.

(3) Section 52 is amended by adding “community treatment order,” after “renewal certificate,”.

2 Explanatory Notes professional for the purpose of issuing, renewing, amending or cancelling a community treatment order.

(2) If a board or a regional health authority designates a physician or health professional under subsection (1), the designated physician or health professional may issue, renew, amend or cancel a community treatment order only after consultation with a psychiatrist.

(3) The new

section 42(2) presently reads:

(2) In a hearing before a review panel or the Court of Queen’s Bench under this Act in respect of a community treatment order, the onus is on the psychiatrist or designated physician or health professional who issued, amended or renewed the community treatment order, as the case may be, or the person supervising the community treatment order, to show that the person meets the criteria set out in

section 9.1(1). 2(1) Amends

chapter M-13 of the Revised Statutes of Alberta 2000.

(2) Section 45 presently reads: 45(1) The Lieutenant Governor in Council shall appoint a Mental Health Patient Advocate, who shall investigate complaints from or relating to formal patients and exercise any other powers and perform any other duties that are prescribed in the regulations.

(2) The Lieutenant Governor in Council may make regulations (

a) respecting the powers and dut ies of the Patient Advocate; (

b) requiring boards to make available any information referred to in the regulations for the purpose of an investigation by the Patient Advocate.

(3) Section 52 presently reads: 52 An admission certificate, renewal certificate, certificate under

section 27, warrant, order, transfer or other form issued under this Act or the regulations shall not be held to be insufficient or invalid by reason only of any irregularity, informality or insufficiency in it or in any proceedings in connection with it.

3 3 This Act comes into force on January 1, 2010.

3 Explanatory Notes 3 Coming into force.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2009 (27th, 2nd) Bill 59, Mental Health Amendment Act, 2009