R.S.M. 1987, c. M110
The Mental Health Act
Table of Contents
1 | Definitions. | |
PART I
ADMISSION TO PSYCHIATRIC FACILITIES |
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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 |
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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 |
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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 |
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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. |