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The Mental Health Act

R.S.M. 1987, c. M110

The Mental Health Act

Table of Contents

1 Definitions.
PART I
ADMISSION TO PSYCHIATRIC FACILITIES
2 Psychiatric facilities continued.
3 Standards committee.
(2) Report of appointment to minister.
4 Authority of Director of Psychiatric Services.
(2) Authority of medical officer in charge of a psychiatric facility.
5 Establishment of psychiatric facilities.
6 Modes of admission.
7 Application for admission by person in need of treatment.
(2) No detention unless necessary.
8 Admission upon application of relative, etc.
(2) Examination of patient within 48 hours.
(3) Application of patient for discharge.
(4) Objection by patient to treatment.
COMPULSORY ADMISSION
9 Admission upon certificate of medical practitioner.
(2) Medical certificate valid for certain period.
(3) Warrant to take person to psychiatric facility.
(4) Contents of warrant
10 Period of confinement at a psychiatric facility.
(2) Reversion to non-compulsory patient.
11 Period of detention may be extended.
(2) Granting of order.
12 Non-compulsory patient made compulsory.
13 Admission by order in council.
14 Notification of next-of-kin.
15 Order for compulsory medical examination.
(2) Order for medical examination.
(3) Application of secs. 9, 10, 11, and 14.
(4) Emergency action by peace officer.
(5) Person in custody of peace officer.
16 Placing under supervision.
17 Certificate required.
18 Certain expenses paid from Consolidated Fund.
(2) Estate of patient may bear expense.
(3) Remedies of government.
19 Expenses of certain persons.
20 Removal of prisoners from common gaol to a psychiatric facility.
21 Removal of non-resident patients.
22 Return of patients absent without permission.
23 Discharge of patient.
(2) Probation.
(3) Discharge of prisoners confined in a psychiatric facility.
(4) Funds for discharged patient.
24 Admission of foreign patients.
(2) Application of Part.
25 Appeals.
(2) Security for costs.
CONFIDENTIALITY OF RECORDS
26 Meaning of clinical record.
(2) Disclosure of clinical record prohibited.
(3) Exceptions to disclosure.
(4) Disclosure pursuant to subpoena.
(5) Statement by attending physician.
(6) Matters to be considered by court or body.
(7) Return of clinical record to officer in charge.
(8) Disclosure in action or proceeding.
(9) Rights of patients.
PART II
MENTAL RETARDATES
27 Establishment of institutions, etc.
28 Minister's Board.
(2) Memberships.
(3) Ex officio members.
(4) Chairman.
(5) Term of office.
(6) Vacancy.
(7) Eligibility for re-appointment.
(8) Duties of board.
(9) Quorum.
29 Inquiry into management.
30 Medical examination.
31 Certificate of examination.
32 Making of order by director.
(2) Certificate of examination required.
(3) Exception.
33 Order obtained on application.
(2) Material required to obtain court order.
(3) Affidavit
(4) Material where application not by a relative.
34 Provincial judge may require attendance of mental retardate.
(2) Private hearing of application in certain cases.
(3) Disposition of application by the provincial judge.
(4) Where consent of parents required.
(5) Provincial judge may adjourn hearing.
35 Variation of orders.
(2) Custodian.
(3) Custodian removed from office.
(4) Parents to be notified.
PROCEEDINGS RESPECTING IMPRISONED MENTAL RETARDATES
36 Transfer of mental retardates from place of imprisonment to institution.
37 Order to provide for conveyance and reception of mental retardate.
(2) Powers of custodian appointed.
38 Dealing with mental retardate by provincial judge.
(2) Rescinding orders.
(3) Notice.
39 Discharge by director.
(2) Director may rescind order.
(3) Notice.
40 Application by parent or guardian.
(2) Appeal to board.
(3) Limitation on further application.
(4) Order for removal.
(5) Appeal of order.
41 Person having supervision may.
(2) Notice.
42 Regulations.
43 Release by director of mental retardate not requiring care.
(2) Release by provincial judge of mental retardate not requiring care.
44 Police officers to detain indigent and neglected mental retardates.
45 Justice may arrest neglected mental retardates.
(2) Warrant authorizes entry.
46 Rates of maintenance.
47 Minister may make an agreement for maintenance.
(2) Estate of mental retardates.
48 Order for maintenance of mental retardates.
(2) Revocation of order.
(3) Filing of order in Queen's Bench.
(4) Order for maintenance, etc., of retardate by director.
49 Liability of parent for maintenance.
50 Maintenance of certain persons.
51 Refusal by person having custody of prisoner.
(2) Minister may return non-resident retardate.
53 Officials of institutions to be peace officers.
(2) Director to have powers of a provincial judge.
54 Arrest of escaped retardate without a warrant.
55 Visits to retardate.
COMMITTEES OF MENTALLY DISORDERED PERSONS
56 Jurisdiction of court.
57 Effective date of order.
58 Service.
59 Examination by physician.
60 Court may appoint new or additional committee.
61 Powers of judge in chambers.
62 Power of master.
63 Costs.
SUPERSEDING DECLARATION OF MENTAL DISORDER
64 Application to supersede declaration of mental disorder.
(2) Sec. 59 applies.
COMMITTEES OF ESTATES
OF MENTALLY DISORDERED PERSONS
65 Committee to take custody of property.
(2) Vesting property in committee.
66 Provisions to be observed.
(2) Passing accounts.
MANAGEMENT AND ADMINISTRATION
67 Maintenance.
68 Power to raise money.
(2) Charging for future maintenance.
69 Powers of committee under order of court.
70 Powers of committee without application to court.
71 Keeping of separate accounts.
(2) Keeping of single account.
72 Power to carry orders into effect.
(2) Receipt by committee of portions of estate in hands of third party.
PROVISIONS FOR TEMPORARY MENTAL DISORDER
73 Provisions for maintenance.
(2) Account to be made.
FOREIGN MENTALLY DISORDERED PERSONS
74 Property of person out of jurisdiction.
75 Money in court.
76 Estates of persons incapable of managing their affairs.
(2) Exercise of powers of committee.
77 Estate of $2, 000. or under.
78 Costs.
79 Service on Public Trustee.
PART IV
ADMINISTRATION OF ESTATES OF MENTALLY DISORDERED PERSONS
80 Public Trustee to act as committee.
(2) Public Trustee to act upon request of director or medical officer.
(3) Commencement of authority.
(4) Authority of Public Trustee extends after escape.
81 Security by Public Trustee not necessary.
82 Powers of Public Trustee.
(2) Powers of Public Trustee on death of mentally disordered person.
(3) Conveyance of title by Public Trustee.
(4) Recital as evidence of facts.
(5) Conveyance deemed to be executed during lifetime.
(6) Public Trustee as administrator.
(7) Order of judge.
(8) Limited powers of Public Trustee on death of mentally disordered person.
83 Recital in documents of Public Trustee as evidence.
84 Public Trustee's liability to account.
(2) Losses, how to be made good.
85 Disposal of unclaimed money held by Public Trustee.
(2) Payment over of money claimed.
86 Regulations.
(2) Allowance to Public Trustee.
(3) Fees to go to Cons. Fund.
ADMINISTRATION AFTER DEATH
87 Public Trustee to continue as administrator.
(2) Registrar of Q. B. to be notified.
88 Power of Public Trustee over estate of value not exceeding $500.
89 Administration of estates of persons detained in other provinces.
(2) Power of person appointed.
(3) Effect of order in council.
AUDIT
90 Annual audit and report.
(2) Minister of Finance to lay accounts before Legislature.
(3) Payment for audit charged to estates.
PART V
GENERAL
91 Appointment of staff and remuneration.
92 Consolidated Fund.
93 Reports.
(2) Report regarding fiscal year.
94 Official responsibility.
(2) No action, etc., against persons administering Act.
(3) Relief from liability for acts of strangers.
95 Protection from civil liability.
96 Staying vexatious proceedings.
97 Communication by patients.
(2) Withholding of other communications.
98 Warrant for enforcement of order.
(2) Direction of warrant.
OFFENCES
99 Limitation on number of persons under supervision.
(2) Notice to minister.
100 Supply of intoxicants forbidden.
(2) Production of authority on demand.
101 Secreting or assisting mentally disordered persons to escape.
102 Obstructing officials.
103 Ill-treating mentally disordered persons.
104 Making false entries.
(2) Giving wrong information.
105 Offences.
106 Regulations.