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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 291/2025) ALBERTA REGULATION 19/2004 Mental Health Act MENTAL HEALTH REGULATION Designation of facilities 1 Repealed AR 175/2020 s2. Liability for costs 2(1) Subject to

section 10 of the Insured Hospital Services Regulation and to subsection (2), if an individual is conveyed to a facility under

section 4, 9.6, 10, 12 or 24 of the Act and detained there, (

a) the board of that facility shall pay the cost of transportation by ambulance, air ambulance, charter aircraft or other commercial vehicle to convey that individual to the facility, and (

b) the board of the facility f rom which that individual is subsequently discharged shall pay the cost of transportation to convey the individual to the individual’s home, the location of apprehension or appropriate accommodations, whichever that board decides.

(2) If the costs referred to in subsection (1) are covered by an agreement under

section 49(1)(

c) of the Act or an agreement under any other enactment, the person who is responsible for those costs under that agreement is liable for the costs referred to in subsection (1).

(3) A formal patient or any other individual detained under the Act is not liable for any costs, charges or expenses with respect to that individual’s conveyance, observation, examination, assessment, admission, treatment or accommodation during the period of the detention, except that

section 8(1)(

b) of the Insured Hospital Services Regulation apply.

(4) For the purposes of this Regulation,

section 1.976992 of the Provincial Health Agencies Act and the Insured Hospital Services Regulation are to be considered as applying to patients, other than formal patients and patients who are detained in a facility under the Act.

Section 2.1 AR 19/2004 MENTAL HEALTH REGULATION 2

(5) For the purposes of this section, admission to a facility is considered to be admission to a health services sector in an approved hospital. AR 19/2004 s2;197/2011;175/2020;199/2025;291/2025

Definitions for purposes of the Act 2.1 For the purposes of

section 1(1)(

g) of the Act, (a) “irreversible brain injury” means a permanent disruption to the baseline function of the brain or to the structure of the brain caused or likely caused by an identifiable or probable (

i) acute external action, including trauma, or (ii) pathophysiological event within the body, including an acute hypoxic event, but does not include a permanent disruption caused or likely caused by a neurodegenerative disorder; (b) “persistent” means stable and unlikely to improve as a result of treatment. AR 175/2020 s4 Peace officer’s power under

section 12 of the Act 2.2 For the purposes of

section 12 of the Act, in the absence of evidence to the contrary, it is presumed that a disorder of thought, mood, perception, orientation or memory that grossly impairs any of the functions or abilities set out in

section 1(1)(g)(

i) to (iv) of the Act is a disorder in which the resulting impairment is (

a) not persistent, (

b) not caused solely by an acquired or congenital irreversibl e brain injury, or (

c) not persistent and not caused solely by an acquired or congenital irreversible brain injury. AR 175/2020 s4 3 Repealed AR 150/2010 s3. Repeal 4 The Mental Health Regulation (AR 309/89) is repealed.

Section 5 AR 19/2004 MENTAL HEALTH REGULATION 3 Expiry 5 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on November 30, 2030. AR 19/2004 s5;197/2011;135/2017;175/2020;230/2025

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