1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE PENNY PRIDDY
MINISTER OF HEALTH AND
MINISTER RESPONSIBLE FOR SENIORS

BILL 22 -- 1998

MENTAL HEALTH AMENDMENT ACT, 1998

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended

(a) by adding the following definition:

"designated facility" means a Provincial mental health facility, psychiatric unit or observation unit; ,

(b) by repealing the definitions of "director" and "mentally disordered person" and substituting the following:

"director" means a person appointed under the regulations to be in charge of a designated facility and includes a person authorized by a director to exercise a power or carry out a duty conferred or imposed on the director under this Act or the Patients Property Act;

"mentally disordered person" means a person who has a disorder of the mind that requires treatment and seriously impairs the person's ability

(a) to react appropriately to the person's environment, or

(b) to associate with others; ,

(c) by repealing the definitions of "mentally ill person", "mentally retarded person" and "officer in charge of a psychiatric unit",

(d) by repealing the definition of "patient" and substituting the following:

"patient" means a person who, under this Act,

(a) is receiving care, supervision, treatment, maintenance or rehabilitation, or

(b) is received, detained or taken charge of as a mentally disordered person or as an apparently mentally disordered person; , and

(e) by adding the following definition:

"treatment" means psychiatric treatment and includes any procedure necessarily related to the safe and effective provision of psychiatric treatment.

2 Section 8 is repealed and the following substituted:

Powers and duties of directors

8 A director must ensure

(a) that each patient admitted to the designated facility is provided with professional service, care and treatment appropriate to the patient's condition and appropriate to the function of the designated facility and, for those purposes, a director may sign consent to treatment forms for a patient detained under section 22, 28, 29, 30 or 42,

(b) that standards appropriate to the function of the designated facility are established and maintained, and

(c) if in charge of a Provincial mental health facility, that the orders and directives of the minister are observed and performed.

3 Section 15 is amended by striking out "Provincial mental health facility" and substituting "designated facility".

4 Section 16 is amended

(a) in paragraph (a) by striking out "signing" and substituting "making",

(b) by repealing paragraph (b) and substituting the following:

(b) requesting that a person be admitted to, or admitted to and detained in, a designated facility; ,

(c) by adding the following paragraphs:

(b.1) if the person is the director, admitting a patient to the designated facility under section 20 (1) (a) (ii) on the basis of a physician's opinion or continuing the admission and treatment of the patient on the basis of a report made under section 20 (4);

(b.2) if the person is the director, admitting a patient to the designated facility and detaining the patient on the authority of a medical certificate or a warrant or report or determination made under section 24 or 25;

(b.3) if the person is the director, authorizing treatment or signing a consent to treatment form; ,

(d) by repealing paragraphs (d), (e) and (f) and substituting the following:

(d) making an order if the person is a justice of the court;

(e) issuing a warrant if the person is a judge of the Provincial Court, a justice of the peace or a director;

(f) apprehending, transporting or taking charge of a person on the authority of

(i) a medical certificate, or

(ii) if a peace officer, a warrant;

(f.1) if a police officer or constable, apprehending a person under section 28 (1); , and

(e) by adding the following paragraphs:

(h) if a director, releasing a patient under section 37, transferring or accepting the transfer of a patient under section 35 or 38 or recalling a patient under section 39 in a manner not contrary to the regulations;

(i) providing in a manner not contrary to the regulations the care, supervision, treatment, maintenance or rehabilitation of a patient on leave or transferred to an approved home under section 37 or 38.

5 Section 17 is amended by striking out "Provincial mental health facility" wherever it appears and substituting "designated facility".

6 Section 20 is repealed and the following substituted:

Voluntary admissions

20 (1) A director may admit any person to the designated facility

(a) if the person

(i) has reached 16 years of age and requests admission, or

(ii) is under 16 years of age and a parent or guardian of the person requests that the person be admitted, and

(b) if the director is satisfied that the person has been examined by a physician who is of the opinion that the person is a mentally disordered person.

(2) A patient admitted under this section who is under 16 years of age must, unless discharged from the designated facility, be examined at the following times by a physician authorized for the purpose by the director:

(a) within each of the first 2 months following the date the patient was admitted;

(b) within 3 months of the second examination required by paragraph (a);

(c) within 6 months of the examination required by paragraph (b);

(d) within each successive 6 month period following the examination required by paragraph (c).

(3) If the physician who examines a patient under subsection (2) is of the opinion that the patient is not a mentally disordered person, the director must discharge that patient.

(4) If the physician who examines a patient under subsection (2) is of the opinion that the patient is a mentally disordered person, the physician must record a written report of the examination and include in it the reasons for the opinion.

(5) A nurse in charge of a ward in a designated facility must

(a) ensure that each patient in the ward who was admitted under this section is enabled to communicate without delay to the director any desire that the patient may form to leave the designated facility, and

(b) on learning that a patient in the ward who was admitted under this section desires to leave the designated facility, promptly notify the director of that desire.

(6) A patient admitted under this section must be discharged by the director

(a) if the patient has reached 16 years of age and the director is notified in any manner that the patient desires to be discharged,

(b) if the patient is under 16 years of age and the director is notified in any manner that a parent or guardian requests that the patient be discharged, or

(c) if the patient is under 16 years of age and the director is notified by a physician, authorized by the director for the purpose of this section, that the patient has been examined by the physician and found not to be a mentally disordered person.

(7) Subsections (5) and (6) do not apply if the requirements for detention of the patient under section 22 (1) have been fulfilled.

(8) A person who has reached 16 years of age and who has been admitted to a designated facility has, despite any rule of law relating to minors, the capacity to make the request and to make an agreement for payment for maintenance and treatment in the designated facility and to authorize the person's treatment in the designated facility.

7 Section 21 (1) is amended

(a) by striking out "age 16," and substituting "16 years of age,", and

(b) by striking out "Provincial mental health facility" and substituting "designated facility".

8 Section 22 is repealed and the following substituted:

Involuntary admissions

22 (1) The director of a designated facility may admit a person to the designated facility and detain the person for up to 72 hours for examination and treatment on receiving one medical certificate respecting the person completed by a physician in accordance with subsections (3) and (4).

(2) On receipt by the director of a second medical certificate completed by another physician in accordance with subsections (3) and (5) respecting the patient admitted under subsection (1), the detention and treatment of that patient may be continued beyond the 72 hour period referred to in subsection (1).

(3) Each medical certificate under this section must be completed by a physician who has examined the person to be admitted, or the patient admitted, under subsection (1) and must set out

(a) a statement by the physician that the physician

(i) has examined the person or patient on the date or dates set out, and

(ii) is of the opinion that the person or patient is a mentally disordered person,

(b) the reasons in summary form for the opinion, and

(c) a statement, separate from that under paragraph (a), by the physician that the physician is of the opinion that the person to be admitted, or the patient admitted, under subsection (1)

(i) requires treatment in or through a designated facility,

(ii) requires care, supervision and control in or through a designated facility to prevent the person's or patient's substantial mental or physical deterioration or for the protection of the person or patient or the protection of others, and

(iii) cannot suitably be admitted as a voluntary patient.

(4) A medical certificate referred to in subsection (1) is not valid unless both it and the examination it describes are completed not more than 14 days before the date of admission.

(5) A second medical certificate referred to in subsection (2) is not valid unless both it and the examination it describes are completed within the 72 hour period following the time of admission.

(6) A medical certificate completed under subsection (1) in accordance with subsections (3) and (4) is authority for anyone to apprehend the person to be admitted, and for the transportation, admission and detention for treatment of that person in or through a designated facility.

(7) A patient admitted under subsection (1) to an observation unit must be transferred to a Provincial mental health facility or psychiatric unit within the prescribed period after a second medical certificate is received under subsection (2) by the director of the observation unit unless the patient is

(a) discharged, or

(b) released on leave or transferred to an approved home under section 37 or 38.

9 Section 23 is amended by striking out "in a Provincial mental health facility".

10 Section 24 is amended

(a) in subsection (2) by striking out "of the Provincial mental health facility" and "who has been detained in the facility" and by striking out "that the detention of the patient should be renewed." and substituting "that section 22 (3) (a) (ii) and (c) continues to describe the condition of the patient.", and

(b) by adding the following subsections:

(2.1) An examination under subsection (2) must include

(a) consideration of all reasonably available evidence concerning the patient's history of mental disorder including

(i) hospitalization for treatment, and

(ii) compliance with treatment plans following hospitalization, and

(b) an assessment of whether there is a significant risk that the patient, if discharged, will as a result of mental disorder fail to follow the treatment plan the director or physician considers necessary to minimize the possibility that the patient will again be detained under section 22.

(2.2) If an examination under subsection (2) concludes that section 22 (3) (a) (ii) and (c) continues to describe the condition of the patient, the director or physician must renew under subsection (2) the authority for the detention of that patient.

11 Section 25 is amended

(a) in subsection (1) by striking out "person admitted to a Provincial mental health facility" and substituting "patient detained" and by striking out "person or of another person," and substituting "patient or a person on the patient's behalf,",

(b) by adding the following subsection:

(1.1) If a patient has been on leave or transferred to an approved home under section 37 or 38 for 12 or more consecutive months and a hearing under this section has not been requested or held within that period, a chair appointed under subsection (7) must review the patient's treatment record and, if satisfied from this record that there is a reasonable likelihood that the patient would be discharged following a hearing under this section, must order that a hearing under this section be held. ,

(c) by repealing subsection (2) and substituting the following:

(2) The purpose of a hearing under this section is to determine whether the detention of the patient should continue because section 22 (3) (a) (ii) and (c) continues to describe the condition of the patient. ,

(d) by adding the following subsections:

(2.1) A hearing by a review panel must include

(a) consideration of all reasonably available evidence concerning the patient's history of mental disorder including

(i) hospitalization for treatment, and

(ii) compliance with treatment plans following hospitalization, and

(b) an assessment of whether there is a significant risk that the patient, if discharged, will as a result of mental disorder fail to follow the treatment plan the director or a physician authorized by the director considers necessary to minimize the possibility that the patient will again be detained under section 22.

(4.1) If the hearing under subsection (2) concludes that section 22 (3) (a) (ii) and (c) continues to describe the condition of the patient, the review panel must determine under subsection (2) that the detention of the patient be continued. ,

(e) by repealing subsection (5) (b) and substituting the following:

(b) a physician appointed by the designated facility in or through which the patient is receiving treatment; , and

(f) in subsection (6) by striking out "of the Provincial mental health facility to which the patient is admitted".

12 Sections 26 and 27 are repealed.

13 Section 28 is repealed and the following substituted:

Emergency procedures

28 (1) A police officer or constable may apprehend and immediately take a person to a physician for examination if satisfied from personal observations, or information received, that the person

(a) is acting in a manner likely to endanger that person's own safety or the safety of others, and

(b) is apparently a mentally disordered person.

(2) A person apprehended under subsection (1) must be released if a physician does not complete a medical certificate in accordance with section 22 (3) and (4).

(3) Anyone may apply to a judge of the Provincial Court or, if no judge is available, to a justice of the peace respecting a person if there are reasonable grounds to believe that section 22 (3) (a) (ii) and (c) describes the condition of the person.

(4) On application under subsection (3), the judge or justice may issue a warrant in the prescribed form if satisfied that

(a) the applicant has reasonable grounds to believe that subsection (3) applies to the person respecting whom the application is made, and

(b) section 22 cannot be used without unreasonable delay.

(5) A warrant issued under subsection (4) is authority for the apprehension of the person to be admitted and for the transportation, admission and detention of that person for treatment in or through a designated facility.

(6) On being admitted as described in subsection (5), a patient must be discharged at the end of 72 hours detention unless the director receives 2 medical certificates as described in section 22 (3).

(7) On the director receiving 2 medical certificates as described in subsection (6), section 22 (6) and (7) applies to the patient.

14 Section 29 (9) is amended by striking out "(1) to (8)".

15 Sections 30 to 39 are repealed and the following substituted:

Detention under Criminal Code

30 A person who, under the Criminal Code, is found not criminally responsible on account of mental disorder or is found unfit on account of mental disorder to stand trial, and who is ordered to be detained in a Provincial mental health facility, must receive care and treatment appropriate to the condition of the person as authorized by the director.

Deemed consent to treatment and request for a second opinion

31 (1) If a patient is detained in a designated facility under section 22, 28, 29, 30 or 42 or is released on leave or is transferred to an approved home under section 37 or 38, treatment authorized by the director is deemed to be given with the consent of the patient.

(2) A patient to whom subsection (1) applies, or a person on the patient's behalf, may request a second medical opinion on the appropriateness of the treatment authorized by the director once in each of the following periods:

(a) a one month period referred to in section 23 or 24 (1) (a);

(b) a 3 month period referred to in section 24 (1) (b);

(c) a 6 month period referred to in section 24 (1) (c).

(3) On receipt of a second medical opinion prepared as described in subsection (2), the director must consider whether changes should be made in the authorized treatment for the patient and authorize changes the director considers should be made.

Direction and discipline of patients

32 Every patient detained under this Act is, during detention, subject to the direction and discipline of the director and the members of the staff of the designated facility authorized for that purpose by the director.

Application to court for discharge

33 (1) In this section:

"certificate" means

(a) a request in writing made under section 20 (1) (a) (ii), or a report made under section 20 (4) respecting a patient admitted under section 20 (1) (a) (ii),

(b) a medical certificate completed in accordance with section 22 (1) or (2), or a report or determination made under section 24 or 25, or

(c) a warrant under section 28, 39 or 41;

"patient" means

(a) a person whose admission is requested, or a patient who is admitted, under section 20 (1) (a) (ii),

(b) a patient who is detained under section 22, 28, or 42 or whose detention is renewed or continued under section 24 or 25, or

(c) a person or patient for whom a medical certificate has been completed as required under section 22 (1), or a warrant has been issued under section 28, 39 or 41, and who has not been apprehended and admitted or returned to a designated facility in consequence;

"psychiatrist" means a physician who is recognized by the College of Physicians and Surgeons of British Columbia as being a specialist in psychiatry.

(2) A patient, or a person on behalf of the patient, who believes that there is not sufficient reason or legal authority for a certificate respecting the patient may apply to the court for an order under subsection (8) (a), (b) or (c).

(3) Nothing in this section affects the right of a patient or other person to apply for a writ of habeas corpus or other prerogative writ.

(4) On hearing an application under subsection (2), the court may review the evidence, including

(a) all records relating to the patient's admission to or detention in or through a designated facility, and

(b) further evidence it considers relevant.

(5) On hearing an application under subsection (2) concerning a patient detained under this Act, the court must

(a) consider all reasonably available evidence concerning the patient's history of mental disorder including

(i) hospitalization for treatment, and

(ii) compliance with treatment plans following hospitalization, and

(b) make an assessment of whether there is a significant risk that the patient, if discharged, will as a result of mental disorder fail to follow the treatment plan the director or a physician authorized by the director considers necessary to minimize the possibility that the patient will again be detained under section 22.

(6) If the review under subsection (4) concludes that section 22 (3) (a) (ii) and (c) continues to describe the condition of the patient, the court must conclude that there is sufficient reason for the certificate.

(7) If satisfied that there is sufficient reason and legal authority for the certificate, the court must reject the application made under subsection (2).

(8) If not satisfied that there is sufficient reason or legal authority for the certificate, the court may make any of the following orders:

(a) that the patient not be apprehended, transported or admitted to a designated facility under the certificate that gave rise to the application under this section;

(b) that the patient not be apprehended, transported or admitted to a designated facility under a certificate made before the date of the order;

(c) that the patient be discharged from the designated facility;

(d) that within 10 days the director named in the order must obtain a report from a psychiatrist, stating

(i) that the psychiatrist has examined the patient at the director's request on the dates stated in the report,

(ii) whatever further information the psychiatrist considers relevant, and

(iii) whether or not, in the opinion of the psychiatrist for the reasons stated in the report, the patient

(A) is a mentally disordered person,

(B) requires treatment in or through a designated facility,

(C) requires care, supervision and control in or through a designated facility to prevent the patient's substantial mental or physical deterioration or for the protection of the patient or the protection of others, and

(D) cannot suitably be admitted as a voluntary patient;

(e) that the patient, if not detained in a designated facility at the time an order under paragraph (d) is made, attend before the psychiatrist for examination at a time and place appointed by the director.

(9) On receiving a report made under an order under subsection (8) (d), the court must

(a) reject the application made under subsection (2) if the court is satisfied that there is sufficient reason and legal authority for the certificate, and

(b) make an order under subsection (8) (a), (b) or (c) if the court is satisfied that there is not sufficient reason or legal authority for the certificate.

(10) If an order is made under subsection (8) (c), the director must immediately discharge the patient.

Advice to near relative

34 (1) The director must send to a near relative of the patient a written notice setting out the patient's rights under sections 21, 23, 24, 25 and 33 immediately after

(a) the admission of the patient to the designated facility under section 20 (1) (a) (ii), or

(b) the admission and detention of the patient in the designated facility under section 22 (1) or 28 (5).

(2) The director must give notice in the prescribed manner to a near relative of a patient immediately after

(a) discharging the patient from the designated facility, or

(b) receipt of a request under section 25 (1) from someone who is not a near relative of the patient.

(3) On making an order under section 25 (1.1), the chair must give a notice of the order in the prescribed manner to a near relative of the patient.

(4) If the director or chair has no information about the identity of the patient's near relatives, this section is sufficiently complied with if the notice is sent to the Public Trustee.

Transfers

35 (1) If a transfer to another designated facility is considered beneficial to the welfare of a patient, the director may, by agreement with the director of the other designated facility, authorize the transfer and transfer the patient.

(2) Despite subsection (1), if a person detained under section 29 is transferred, the transfer must be to a Provincial mental health facility and the transfer may only be made

(a) with the approval of the Lieutenant Governor in Council, or

(b) if the person is detained under section 29 (4) and (5), with the authorization of the person in charge of the correctional centre, youth custody centre, prison or lockup from which the person was transferred.

(3) A director to whose designated facility a patient is transferred under this section has authority to detain the patient and the time limited by this Act for the doing of any thing runs as if the patient's detention were continuous in or through one designated facility.

Discharge

36 (1) The director may discharge a patient from the designated facility.

(2) An application, request, medical certificate or warrant made or issued under this Act before the discharge of the patient with respect to whom it is made or issued is not effective after the discharge for the purposes of this Act.

(3) If a person is discharged from a designated facility other than by the operation of section 41 (3), the director must, on receiving an application by or on behalf of the person, provide the person with a certificate of discharge, signed by the director, in the prescribed form.

Leave

37 Subject to section 40 and the regulations, if the director considers that leave would benefit a patient detained in the designated facility, the director may release the patient on leave from the designated facility.

Approved homes

38 Subject to section 40 and the regulations, if the director considers that the transfer would benefit a patient detained in the designated facility, the director may transfer the patient to an approved home.

Authority to detain continues despite leave or transfer

39 (1) The release of a patient on leave or the patient's transfer to an approved home under section 37 or 38 does not, of itself, impair the authority for the patient's detention under this Act and that authority may be continued, according to the same procedures and to the same extent, as if the patient were detained in a designated facility.

(2) Subject to the regulations, a patient who is on leave or has been transferred to an approved home under section 37 or 38 may, if the conditions of the patient's leave or transfer are not being met, be recalled

(a) to the designated facility from which the patient was released or transferred, or

(b) to another designated facility, if the transfer to that facility is authorized and agreed to under section 35.

(3) Subject to the regulations, the director of a designated facility who recalls a patient under subsection (2), or to which a patient is recalled under subsection (2) as a result of a transfer under section 35, may issue a warrant in the prescribed form for the patient's apprehension and transportation to the designated facility to which the patient is recalled.

(4) A patient who is recalled under subsection (2) while on leave that has lasted 6 or more consecutive months is deemed, for the purposes of sections 23 to 25, to have been admitted under section 22 (1) on the date of return to a designated facility as a result of the recall.

16 Sections 41 and 42 are repealed and the following substituted:

Unauthorized absences

41 (1) If a patient detained in a designated facility leaves the designated facility without having been released on leave or transferred to an approved home under section 37 or 38 or discharged under this Act, the director may, within 60 days after the date on which the patient leaves the facility, issue a warrant in prescribed form for the apprehension of the patient and the patient's transportation to the designated facility and the warrant is authority for the apprehension of the patient and the patient's transportation to the designated facility.

(2) If a warrant is issued under subsection (1), all peace officers and other persons designated by the director must give any assistance required in the apprehension of the patient or the transportation of the patient to the designated facility.

(3) Except as provided in subsection (4), after the end of 60 days from the date the patient leaves the designated facility under the circumstances set out in subsection (1), the patient is deemed to have been discharged from the designated facility.

(4) If a patient detained in a designated facility leaves the designated facility under the circumstances set out in subsection (1) while charged with an offence or liable to imprisonment or considered by the director to be likely to endanger the patient's safety or the safety of others, even though the period of 60 days has elapsed since the date the patient left the designated facility, the director may issue a warrant in the prescribed form for the patient's apprehension and transportation to a designated facility and the warrant is authority for the patient's apprehension and transportation to the designated facility.

(5) If a patient escapes during the course of transfer to a designated facility, both the director of the designated facility to which the patient was being transferred and the director of the designated facility from which the patient was being transferred may issue a warrant under this section.

(6) A patient detained in a designated facility who leaves the designated facility under the circumstances set out in subsection (1) may be apprehended for the purpose of returning the patient to the facility, within 48 hours from the time the patient leaves, even though no warrant has been issued under this section.

Transfer from another province

42 (1) If a director receives a written request from an appropriate mental health authority of another province with respect to a person who, because of being a mentally disordered person, is detained in a hospital or mental health facility in that other province, the director may authorize the taking into custody and transportation of the person to the designated facility and may admit that person.

(2) On being admitted under subsection (1), the patient must be discharged at the end of 72 hours detention unless the director receives 2 medical certificates as described in section 22 (3).

(3) On the director receiving 2 medical certificates as described in subsection (2), section 22 (6) and (7) applies to the patient.

17 Section 43 (2) is amended

(a) by repealing paragraphs (a) to (e) and substituting the following:

(a) prescribing forms, including the form of the warrant under section 28, 39 or 41;

(b) governing the selection, approval and operation of approved homes and the payment of the cost of the maintenance of the patients in them;

(c) governing the establishment, development, maintenance and management of services and designated facilities for the examination, diagnosis and treatment of mentally disordered persons and the rehabilitation of patients;

(d) governing the protection and custody of patients detained in designated facilities;

(d.1) governing the reports to be made concerning patients detained in designated facilities;

(e) governing the transfer of patients between designated facilities or to and from reciprocating jurisdictions; ,

(b) by repealing paragraph (g) and substituting the following:

(g) prescribing standards for buildings or premises that are designated facilities and for the furnishings and equipment of these buildings or premises; ,

(c) by repealing paragraphs (l) and (m) and substituting the following:

(l) concerning the admission of patients to designated facilities or a particular designated facility, the care, treatment and maintenance of patients and the discharge of patients;

(m) prescribing rules respecting the conduct of hearings, including the practice and procedure, under sections 23 to 25; , and

(d) by adding the following paragraphs:

(n) prescribing the period referred to in section 22 (7);

(o) governing the release and recall of patients on leave or the transfer and recall of patients to or from approved homes, including the care, supervision, treatment, maintenance or rehabilitation of patients on leave or transferred to approved homes;

(p) governing the appointment of directors;

(q) governing the preparation of second medical opinions under section 31.

18 The Schedule is repealed.

 
Consequential Amendments

 
Supplement to the Mental Health Act

19 Section 3 of the Supplement to the Mental Health Act, R.S.B.C. 1996, c. 288, is repealed.

20 Section 4 is repealed and the following substituted:

4 Section 34 (4) is amended by striking out "Public Trustee" and substituting "Public Guardian and Trustee".

Commencement

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

 
Explanatory Notes

SECTION 1: [Mental Health Act, amends section 1] repeals the definitions of "mentally ill person", "mentally retarded person" and "officer in charge of a psychiatric unit", amends the definitions of "director", "mentally disordered person" and "patient" and adds definitions of "designated facility" and "treatment".

SECTION 2: [Mental Health Act, re-enacts section 8] gives the powers and duties of the director of a Provincial mental health facility to the director of an observation unit.

SECTION 3: [Mental Health Act, amends section 15] broadens section 15 of the Act to apply to psychiatric units and observation units as well as Provincial mental health facilities.

SECTION 4: [Mental Health Act, amends section 16] clarifies the protections from civil liability for duties carried out under the Act.

SECTION 5: [Mental Health Act, amends section 17] broadens section 17 of the Act to apply to psychiatric units and observation units as well as Provincial mental health facilities.

SECTION 6: [Mental Health Act, re-enacts section 20] clarifies age references, broadens section 20 of the Act to apply to observation units and removes an inappropriate reference to detention, as patients admitted under section 20 of the Act are voluntary patients.

SECTION 7: [Mental Health Act, amends section 21 (1)] clarifies an age reference and broadens section 21 (1) of the Act to apply to psychiatric units and observation units.

SECTION 8: [Mental Health Act, re-enacts section 22] provides that involuntary admissions are initiated by one medical certificate and terminate after 72 hours unless a second medical certificate from a different physician is completed during that 72 hour period and broadens section 22 of the Act to apply to observation units.

SECTION 9: [Mental Health Act, amends section 23] broadens section 23 of the Act to apply to observation units.

SECTION 10: [Mental Health Act, amends section 24]

SECTION 11: [Mental Health Act, amends section 25]

SECTION 12: [Mental Health Act, repeals sections 26 and 27]

SECTION 13: [Mental Health Act, re-enacts section 28] makes the criteria in a court proceeding for the issue of a warrant to apprehend a mentally disordered person the same as those applicable for involuntary admission under section 22 of the Act.

SECTION 14: [Mental Health Act, amends section 29 (9)] is consequential to the amendment of section 33 of the Act.

SECTION 15: [Mental Health Act, re-enacts sections 30 to 39]

SECTION 16: [Mental Health Act, re-enacts sections 41 and 42]

SECTION 17: [Mental Health Act, amends section 43 (2)] amends the regulation making powers to complement other amendments made by this Bill.

SECTION 18: [Mental Health Act, repeals the Schedule] removes forms for warrants as section 43 of the Act as amended by this Bill allows these forms to be prescribed.

 
Supplement to the Mental Health Act

SECTION 19: [Supplement to the Mental Health Act, repeals section 3] section 15 of this Bill re-enacts section 31 of the Mental Health Act in a manner that no longer refers to the Patients Property Act. Section 3 of the Supplement, which would have changed the reference from Patients Property Act to Adult Guardianship Act, is therefore redundant.

SECTION 20: [Supplement to the Mental Health Act, repeals and replaces section 4] section 15 of the Bill re-enacts section 34 of the Mental Health Act so that the reference to the Public Trustee appears in subsection (4) rather than subsection (2).


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