Bill 24 - An Act to Amend the Mental Health Act

BILL 24

An Act to Amend the Mental Health Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended

(a) in subsection (1)

( i) in the French version by repealing the definition « Ministère » and substituting the following:

« ministère » s’entend du ministère de la Santé; (Department)

( ii) in the definition “supervised community care plan” by striking out “living in the community” and substituting “who is living in the community or receiving addiction and mental health services under the Regional Health Authorities Act in a live-in setting or who is an inmate in a correctional institution as those terms are defined in the Corrections Act;

(b) in subsection (2) by striking out “is mentally competent” and substituting “has the capacity”.

2 The Act is amended by adding after section 1.1 the following:

Powers with respect to custody

1.2 For greater certainty, a peace officer, if acting on reasonable grounds, is justified in using the force necessary to take a person into custody and to detain the person, regardless of whether the authority to take the person into custody and to detain the person originates with a certificate issued by a physician or psychiatrist.

3 Subsection 3.2(2) of the French version of the Act is amended by striking out “Ministère” and substituting “ministère”.

4 Section 7.1 of the Act is amended

(a) in paragraph (4)(a) by striking out “to take into custody” and substituting “to enter a dwelling and take into custody”;

(b) in subsection (5) of the French version in the portion preceding paragraph a) by striking out “qui prend une personne sous sa garde” and substituting “qui appréhende une personne”;

(c) in subsection (6) in the portion preceding paragraph (a) by striking out “A peace officer” and substituting “Subject to subsections (6.1) and (7), a peace officer”;

(d) by adding after subsection (6) the following:

7.1( 6.1) A peace officer or other person who takes a person into custody may transfer custody of the person to a peace officer, a special constable appointed under the Police Act, a sheriff appointed under the Sheriffs Act or an agent as defined in the Private Investigators and Security Services Act.

(e) by repealing subsection (7) and substituting the following:

7.1( 7) A person who has custody of another person under subsection (6) or (6.1) may release the person three hours after the person has been taken to a psychiatric facility.

5 The Act is amended by adding after subsection 7.5(2) the following:

7.5( 2.1) The Lieutenant-Governor in Council shall determine the remuneration to be paid to the members of a tribunal and may fix the rate for reimbursement of expenses incurred by them while acting on behalf of the tribunal.

6 Section 7.6 of the Act is amended

(a) in paragraph (3)(b) by striking out “is not mentally competent” and substituting “does not have the capacity”;

(b) in subsection (5) of the French version by striking out “auditions” wherever it appears and substituting “audiences”.

7 Subparagraph 7.7(3)b)(i) of the French version of the Act is amended by striking out “auditions” and substituting “audiences”.

8 Section 8 of the English version of the Act is amended

(a) in paragraph (1)(c)

( i) in the portion preceding subparagraph (i) by striking out “chairman” and substituting “chair”;

( ii) in subparagraph (ii) by striking out “himself or herself” and substituting “themselves”;

(b) in paragraph (3)(a) by striking out “chairman” and substituting “chair”;

(d) in subsection (5) in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”.

9 Section 8.01 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

8.01( 1) Before filing an application with the chair of a tribunal under section 8, the attending psychiatrist shall assess the capacity of the person who is the subject of the application, if the person has reached the age of sixteen years, to determine whether, in the attending psychiatrist’s opinion, the person has the capacity to give or refuse to give consent in relation to routine clinical medical treatment.

(b) in subsection (2)

( i) in the portion preceding paragraph (a) of the English version by striking out “chairman” and substituting “chair”;

( ii) in paragraph (b) by striking out “is not, in the attending psychiatrist’s opinion, mentally competent” and substituting “does not have, in the attending psychiatrist’s opinion, the capacity”;

( iii) in paragraph (c) by striking out “is, in the attending psychiatrist’s opinion, mentally competent” and substituting “has, in the attending psychiatrist’s opinion, the capacity”;

( i) in the portion preceding paragraph (a) of the English version by striking out “chairman” and substituting “chair”;

( ii) in paragraph (a) by striking out “is not, in the attending psychiatrist’s opinion, mentally competent” and substituting “does not have, in the attending psychiatrist’s opinion, the capacity”;

( iii) in paragraph (b) by striking out “is, in the attending psychiatrist’s opinion, mentally competent” and substituting “has, in the attending psychiatrist’s opinion, the capacity”;

(d) in subsection (4) by striking out “is not mentally competent” and substituting “does not have the capacity”.

10 Paragraph 8.1(1)(b) of the English version of the Act is amended by striking out “himself or herself” and substituting “themselves”.

11 Section 8.11 of the Act is amended

(a) in subsection (1) of the English version in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”;

(b) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “chairman” and “is not, in the attending psychiatrist’s opinion, mentally competent” and substituting “chair” and “does not have, in the attending psychiatrist’s opinion, the capacity”, respectively;

( ii) in paragraph (b)

( A) in the portion preceding subparagraph (i) by striking out “was mentally competent” and substituting “had the capacity”;

( B) in subparagraph (iv) by striking out “was mentally competent” and substituting “had the capacity”;

(c) in subsection (3) in the portion preceding paragraph (a) by striking out “chairman” and “is, in the attending psychiatrist’s opinion, mentally competent” and substituting “chair” and “has, in the attending psychiatrist’s opinion, the capacity”, respectively.

12 Section 8.4 of the Act is amended

(a) in subsection (1) by striking out “who, in the opinion of the attending psychiatrist, is mentally competent” and substituting “who has, in the opinion of the attending psychiatrist, the capacity”;

(b) in subsection (4) by striking out “who, in the opinion of the attending psychiatrist, is not mentally competent” and substituting “who does not have, in the opinion of the attending psychiatrist, the capacity”;

(c) in subsection (5) by striking out “who, in the opinion of the attending psychiatrist, is not mentally competent ” and substituting “who does not have, in the opinion of the attending psychiatrist, the capacity”.

13 The heading “Certificate of mental competence to give or refuse to give consent” preceding section 8.5 of the Act is repealed and the following is substituted:

Certificate of incapacity

14 Section 8.5 of the Act is amended

(a) in subsection (1) by striking out “is not mentally competent” wherever it appears and substituting “does not have the capacity”;

(b) in subsection (2) by striking out “is not mentally competent” wherever it appears and substituting “does not have the capacity”;

(d) in subsection (4) by striking out “chairman” and “is mentally competent” and substituting “chair” and “has the capacity”, respectively;

(e) in subsection (5) by striking out “mental competence” and “chairman of the review board having jurisdiction for an inquiry into whether a person referred to in subsection (1) or (2) is mentally competent” and substituting “capacity” and “chair of the review board having jurisdiction for an inquiry into whether a person referred to in subsection (1) or (2) has the capacity”, respectively;

(f) in subsection (6) by striking out “chairman” and “is not mentally competent” and substituting “chair” and “does not have the capacity”, respectively;

(g) in subsection (7) by striking out “is mentally competent to give or refuse to give consent or is not mentally competent” and substituting “has the capacity to give or refuse to give consent or does not have the capacity”.

15 Section 8.6 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “is not mentally competent” and “is apparently mentally competent” and substituting “does not have the capacity” and “has the apparent capacity”, respectively;

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “is not mentally competent” and “is apparently mentally competent” and substituting “does not have the capacity” and “has the apparent capacity”, respectively;

(d) in subsection (6) by striking out “was mentally competent” and substituting “had the capacity and was”;

(e) in subsection (8) by striking out “was mentally competent” and substituting “had the capacity and was”.

16 Subsection 9(5) of the French version of the Act is amended by striking out “à prendre sous sa garde” and substituting “à appréhender”.

17 The heading “Mise sous garde pour fins d’examen” preceding section 10 of the French version of the Act is amended by striking out “Mise sous garde” and substituting “Appréhension d’une personne”.

18 Section 10 of the Act is amended

(a) in paragraph (a) of the English version by striking out “himself or herself” and substituting “themselves”;

(b) in paragraph (c) of the English version by striking out “himself or herself” and substituting “themselves”;

(c) in paragraph d) of the French version by striking out “il peut prendre cette personne sous sa garde” and substituting “il peut l’appréhender”.

19 The heading “Devoirs d’un agent de la paix et autre qui prend une personne sous sa garde” preceding section 10.1 of the French version of the Act is amended by striking out “et autre qui prend une personne sous sa garde” and substituting “ou autre personne qui appréhende une personne”.

20 Section 10.1 of the French version of the Act is amended in the portion preceding paragraph a) by striking out “prend sous sa garde en application” and substituting “appréhende en vertu”.

21 Section 10.2 of the Act is amended in the portion preceding paragraph (a) by striking out “A peace officer” and substituting “Subject to sections 10.21 and 10.3, a peace officer”.

22 The Act is amended by adding after section 10.2 the following:

Transfer by peace officer or other person

10.21 A peace officer or other person who takes a person into custody may transfer custody of the person to a peace officer, a special constable appointed under the Police Act, a sheriff appointed under the Sheriffs Act or an agent as defined in the Private Investigators and Security Services Act.

23 The heading “Pouvoirs d’un agent de la paix et autre qui prend une personne sous sa garde” preceding section 10.3 of the French version of the Act is amended by striking out “et autre qui prend une personne sous sa garde” and substituting “ou autre personne qui appréhende une personne”.

24 The Act is amended by repealing section 10.3 and substituting the following:

Authority of peace officer or other person who takes a person into custody

10.3 A person who has custody of another person under section 10.2 or 10.21 may release the person three hours after the person has been taken to a medical facility, physician’s office or psychiatric facility.

25 Section 12 of the English version of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”;

( ii) in paragraph (b) by striking out “himself or herself” and substituting “themselves”;

(b) in subsection (2) by striking out “chairman” and substituting “chair”;

(c) in subsection (3) by striking out “chairman of a tribunal under subsection (1)” and substituting “chair of a tribunal under subsection (1),”.

26 Section 13 of the English version of the Act is amended

(a) in paragraph (2)(b) by striking out “himself or herself” and substituting “themselves”;

(b) in subsection (3) by striking out “chairman” and substituting “chair”;

(d) in subsection (6) by striking out “chairman” and substituting “chair”.

27 Section 16.1 of the Act is amended

(a) in subsection (1) by striking out “is mentally competent” and substituting “has capacity”;

(b) in subsection (3) of the English version by striking out “chairman” and substituting “chair”;

28 Subsection 27(3) of the English version of the Act is amended by striking out “chairman” and substituting “chair”.

29 Section 30 of the Act is amended

(a) in subsection (7) of the French version by striking out “audition” and substituting “audience”;

(b) by adding after subsection (7) the following:

30( 7.1) The Lieutenant-Governor in Council shall determine the remuneration to be paid to the members of a review board and may fix the rate for reimbursement of expenses incurred by them while acting on behalf of the review board.

30 Section 30.1 of the Act is amended

(a) in subsection (1) of the English version by striking out “chairman” and substituting “chair”;

(b) in subsection (3) of the English version in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”;

(d) in subsection (6.1)

( i) in the portion preceding paragraph (a) by striking out “is not, in the attending psychiatrist’s opinion, mentally competent” and substituting “does not have, in the attending psychiatrist’s opinion, the capacity”;

( ii) in paragraph (a)

( A) in the portion preceding subparagraph (i) by striking out “was mentally competent” and substituting “had the capacity”;

( B) in subparagraph (iv) by striking out “was mentally competent” and substituting “had the capacity”;

(e) in subsection (6.2) in the portion preceding paragraph (a) by striking out “is, in the attending psychiatrist’s opinion, mentally competent” and substituting “has, in the attending psychiatrist’s opinion, the capacity”.

31 Section 30.2 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

30.2( 1) If an involuntary patient who had reached the age of 16 years at the time of admission, who had the capacity to give or refuse to give consent in relation to routine clinical medical treatment at that time and who gave that consent later refuses to give that consent or loses the capacity to give or to refuse to give that consent, the attending psychiatrist may file an application on a form provided by the Minister with the chair of the review board having jurisdiction for an inquiry into whether routine clinical medical treatment should be given without consent.

(b) in subsection (2)

( i) in the portion preceding paragraph (a) of the English version by striking out “chairman” and substituting “chair”;

( ii) in paragraph (a)

( A) in the portion preceding subparagraph (i) of the French version by striking out “attestant” and substituting “attestant que la personne visée par la demande”;

( B) in subparagraph (i) by striking out “is not, in the attending psychiatrist’s opinion, mentally competent” and substituting “does not have, in the attending psychiatrist’s opinion, the capacity”;

( C) in subparagraph (ii) by striking out “is, in the attending psychiatrist’s opinion, mentally competent” and substituting “has, in the attending psychiatrist’s opinion, the capacity”;

(d) in subsection (4) of the English version in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”;

(e) in paragraph (5)a) of the French version by striking out “audition” and substituting “audience”;

(f) in subsection (6) in the portion preceding paragraph (a) by striking out “is, in the attending psychiatrist’s opinion, mentally competent” and substituting “has, in the attending psychiatrist’s opinion, the capacity”;

(g) in subsection (6.1)

( ii) in paragraph (a)

( A) in the portion preceding subparagraph (i) by striking out “was mentally competent” and substituting “had the capacity”;

( B) in subparagraph (iv) by striking out “was mentally competent” and substituting “had the capacity”.

32 Section 30.3 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) of the English version by striking out “chairman” and substituting “chair”;

( ii) in paragraph (b) by striking out “who, in the attending psychiatrist’s opinion, is not mentally competent” and substituting “who does not have, in the attending psychiatrist’s opinion, capacity”;

( iii) in paragraph (c) by striking out “is, in the attending psychiatrist’s opinion, mentally competent” and substituting “has, in the attending psychiatrist’s opinion, the capacity”;

(b) in subsection (2)

( i) in the portion preceding paragraph (a) of the English version by striking out “chairman” and substituting “chair”;

( ii) in paragraph (a)

( A) in subparagraph (i) by striking out “is not, in the attending psychiatrist’s opinion, mentally competent” and substituting “does not have, in the attending psychiatrist’s opinion, the capacity”;

( B) in subparagraph (ii) by striking out “is, in the attending psychiatrist’s opinion, mentally competent” and substituting “has, in the attending psychiatrist’s opinion, the capacity”;

(d) in subsection (4) of the English version in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”;

(e) in paragraph (5)a) of the French version by striking out “audition” and substituting “audience”;

(f) in subsection (6.1)

( ii) in paragraph (a)

( A) in the portion preceding subparagraph (i) by striking out “was mentally competent” and substituting “had the capacity”;

( B) in subparagraph (iv) by striking out “was mentally competent” and substituting “had the capacity”;

(g) in subsection (6.2) in the portion preceding paragraph (a) by striking out “is, in the attending psychiatrist’s opinion, mentally competent” and substituting “has, in the attending psychiatrist’s opinion, the capacity”.

33 Subsection 31(1) of the English version of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”;

(b) in paragraph (b) by striking out “himself or herself” and substituting “themselves”.

34 Section 31.1 of the Act is amended

(a) in subsection (1) of the English version by striking out “chairman” and substituting “chair”;

(b) in subsection (3) of the English version in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”;

(d) in subsection (5) of the English version by striking out “chairman” and substituting “chair”.

35 Section 32 of the Act is amended

(a) in subsection (1) by striking out “chairman” wherever it appears and substituting “chair”;

(b) in subsection (1.2) in the portion preceding paragraph (a) by striking out “chairman” and substituting “chair”;

( i) in the portion preceding paragraph a) of the French version by striking out “audition” and substituting “audience”;

( ii) in paragraph (d) by striking out “and” at the end of the paragraph;

( iii) by adding after paragraph (d) the following:

(d.1) a parent, relative or caregiver of the patient or the person referred to in paragraph (b) if the patient or the person referred to in paragraph (b) is residing with that person at the time the application is received, and

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

32( 2.1) If a hearing is held, the following persons may be present with the consent of the patient or the person referred to in paragraph (2)(b):

(a) a parent, relative or caregiver of the patient or person who is not residing with the patient or person at the time the application is received; and

(b) an Elder or other cultural advisor.

(e) in subsection (3) of the French version by striking out “audition” and substituting “audience”.

36 Subsection 33(1) of the English version of the Act is amended by striking out “chairman” and substituting “chair”.

37 Section 34.01 of the Act is amended

(a) by renumbering the section as subsection 34.01(1);

(b) in subsection (1)

( i) by repealing the portion preceding paragraph (a) and substituting the following:

34.01( 1) After evaluating a person, an attending psychiatrist, in the case of a person who is hospitalized, or a community psychiatrist, in the case of a person who is not hospitalized, who is responsible for the care of a person may establish a supervised community care plan for the person if the person meets the following conditions:

( ii) in subparagraph (a)(iii) of the English version by striking out “and” at the end of the subparagraph;

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

(b) the person is a patient or former patient who was admitted to a psychiatric facility or, in the opinion of the psychiatrist, the person has a pattern of behaviour that demonstrates that, because of the serious mental illness, the person is likely to cause serious harm to themselves or to another person or to suffer substantial mental or physical deterioration; and

( iv) by adding after paragraph (b) the following:

(c) in the opinion of the psychiatrist, the person does not have the capacity to give or refuse to give consent to treatment.

34.01( 2) The Minister may establish policies, procedures and guidelines related to supervised community care plans.

34.01( 3) The Regulations Act does not apply to policies, procedures and guidelines established under subsection (2).

38 The heading “Consent” preceding section 34.02 of the Act is repealed.

39 Section 34.02 of the Act is repealed.

40 The Act is amended by adding before section 34.03 the following:

Application to review board

34.021( 1) The psychiatrist referred to in subsection 34.01(1) may make an application to the chair of the review board having jurisdiction to have a person who does not have the capacity to give or refuse to give consent to treatment be made subject to a supervised community care plan if the psychiatrist is of the opinion that it is in the best interests of the person.

34.021( 2) An application under subsection (1) shall include the reasons that the person meets the criteria under subsection 34.01(1).

Psychiatric patient advocate services

34.022( 1) It is the duty of a psychiatric patient advocate service to offer advice and assistance and to provide psychiatric patient advocates to meet, confer with, advise and assist a person who is the subject of an application under subsection 34.021(1) or who is subject to a supervised community care plan.

34.022( 2) A psychiatric patient advocate has the right at all reasonable times to

(a) meet and confer with a person who is the subject of an application under subsection 34.021(1) or who is subject to a supervised community care plan,

(b) free access to all books, records and other documents relating to a person who is the subject of an application under subsection 34.021(1) or who is subject to a supervised community care plan, and

(c) free access to all locations in a premises at which a hearing is held by a review board in relation to a supervised community care plan.

34.022( 3) A psychiatric patient advocate has the right to be present at a hearing held by a review board in relation to a supervised community care plan.

41 Section 34.03 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

34.03( 1) If a supervised community care plan is approved by a review board at a hearing, the plan comes into effect on the date indicated by the review board.

(b) in subsection (2) by striking out “into effect” and substituting “into effect, unless the plan is renewed or cancelled under this Act”;

34.03( 3) If a supervised community care plan expires under subsection (2), the psychiatrist referred to in subsection 34.01(1) shall ensure the person who is subject to the plan is notified.

34.03( 4) If a person who is subject to a supervised community care plan is hospitalized as a voluntary patient or as an involuntary patient, the plan continues in effect but shall not be enforced until the person is discharged.

42 Section 34.04 of the Act is amended

(a) in subsection (1) by striking out “plan or the substitute decision-maker and” and substituting “plan, the nearest relative of the person and”;

(b) in subsection (2)

( i) in paragraph (a) by striking out “supervision” and substituting “supervision, including a housing plan if considered necessary by the psychiatrist referred to in subsection 34.01(1)”;

( ii) by repealing paragraph (d);

( iii) in paragraph (e) by striking out “psychiatrist” and substituting “psychiatrist referred to in subsection 34.01(1)”;

( iv) in paragraph (h) of the English version by striking out “and” at the end of the paragraph;

( v) in paragraph (i) by striking out the period at the end of the paragraph and substituting a comma;

( vi) by adding after paragraph (i) the following:

(j) any other information prescribed by regulation.

34.04( 2.1) The care, treatment and supervision established in the supervised community care plan and approved by the review board shall be made available to the person who is subject to the plan, and if the care, treatment or supervision becomes unavailable, the psychiatrist shall amend the plan and shall notify the persons and entities referred to in subsection (3).

(d) by repealing subsection (3) and substituting the following:

34.04( 3) The psychiatrist may make amendments to a supervised community care plan, and, if amendments are made, the psychiatrist shall notify

(a) the person who is subject to the plan,

(b) the nearest relative of the person who is subject to the plan,

(d) the psychiatric patient advocate, and

(e) the review board.

(e) by adding after subsection (3) the following:

34.04( 4) The chair of the review board shall determine whether a hearing is required and, if a hearing is required, shall notify the psychiatrist within 72 hours after the psychiatrist provides notification under subsection (3).

34.04( 5) If the psychiatrist is notified in accordance with subsection (4), the psychiatrist shall not implement the amendments unless a hearing has been conducted and the amendments have been approved.

34.04( 6) If the psychiatrist is not notified in accordance with subsection (4), the psychiatrist may implement the amendments.

43 The Act is amended by adding after section 34.04 the following:

Powers under supervised community care plan

34.041 A supervised community care plan is sufficient authority for a psychiatrist or physician to provide care, treatment and supervision, including conducting diagnostic procedures and administering medication, as outlined in the plan, without the consent of the person who is subject to the plan, and to administer the restraint as is necessary in the opinion of the psychiatrist or physician for this purpose.

44 Paragraph 34.05(b) of the Act is repealed and the following is substituted:

(b) the nearest relative of the person who is subject to the plan,

45 Section 34.06 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “who has reasonable grounds to believe that a person who is subject to a supervised community care plan is not meeting his or her” and substituting “referred to in subsection 34.04(1), or a health professional who has agreed to provide care, treatment or supervision in accordance with a supervised community care plan, who has reasonable grounds to believe that a person who is subject to the supervised community care plan is not meeting their”;

( ii) in paragraph (a) by striking out “or the substitute decision-maker, if applicable” and substituting “and the nearest relative of the person”;

( iii) in paragraph (b) of the English version by striking out “him or her to meet his or her” and substituting “the person to meet their”;

(b) in subsection (2) by striking out “if he or she considers it appropriate” and substituting “if the person who is subject to the plan is not meeting their obligations under the plan and the psychiatrist considers it appropriate”;

34.06( 2.1) If the psychiatrist issues a certificate of non-compliance, the psychiatrist shall notify the following persons:

(a) the nearest relative of the person who is subject to the supervised community care plan; and

(b) the psychiatric patient advocate.

(d) in subsection (3) of the French version by striking out “demeure en vigueur pendant trente jours à compter de” and substituting “expire trente jours après”;

(e) by adding after subsection (3) the following:

34.06( 3.1) On the expiry of the certificate under subsection (3), the psychiatrist may issue a second certificate of non-compliance that expires 30 days after the date of its issuance.

(f) in subsection (4) by striking out “to take into custody” and substituting “to enter a dwelling and to take into custody”;

(g) in subsection (5)

( i) in the portion preceding paragraph (a) by striking out “A peace officer” and substituting “Subject to subsections (5.1) and (6), a peace officer”;

( ii) by adding before paragraph (a) the following:

(0.a) inform the person of the reasons for the detention and of the person’s right to retain and instruct counsel without delay,

(01.a) tell the person where the person is being taken,

(h) by adding after subsection (5) the following:

34.06( 5.1) A peace officer who takes a person into custody may transfer custody of the person to another peace officer, a special constable appointed under the Police Act, a sheriff appointed under the Sheriffs Act or an agent as defined in the Private Investigators and Security Services Act.

(i) by repealing subsection (6) and substituting the following:

34.06( 6) A person who has custody of another person under subsection (5) or (5.1) may release the person three hours after the person has been taken to a medical facility, psychiatric facility or physician’s office.

46 The heading “Withdrawing of consent” preceding section 34.07 of the Act is repealed.

47 Section 34.07 of the Act is repealed.

48 Section 34.08 of the Act is repealed and the following is substituted:

34.08( 1) The psychiatrist referred to in subsection 34.01(1) may apply to the review board for a renewal of a supervised community care plan, with or without amendments, on a form provided by the Minister at least 30 days before the date the plan expires.

34.08( 2) Subsections 34.04(3) to (6) do not apply in the case of a renewal of a supervised community care plan.

49 Section 34.09 of the Act is repealed and the following is substituted:

34.09( 1) If a person who is subject to a supervised community care plan no longer meets the criteria under subsection 34.01(1), in the opinion of the psychiatrist referred to in that subsection, the psychiatrist shall cancel the plan.

34.09( 2) The psychiatrist may cancel the supervised community care plan at any time, and a review board may cancel the plan during any hearing with respect to the plan.

34.09( 3) If a supervised community care plan is cancelled, the psychiatrist shall ensure the person who is subject to the plan is notified.

34.09( 4) If a supervised community care plan is cancelled under subsection (1), the person may voluntarily continue to receive the care, treatment and supervision established in the plan.

50 The heading “Review by the Board” preceding section 34.1 of the Act is repealed and the following is substituted:

Hearings

51 Section 34.1 of the Act is repealed and the following is substituted:

34.1( 1) The review board shall conduct a hearing within ten business days after the date an application is filed under subsection 34.021(1) or 34.08(1).

34.1( 2) If the psychiatrist referred to in subsection 34.01(1) provides notification to the review board under paragraph 34.04(3)(e) and the chair of the review board determines that a hearing is required, the review board shall conduct a hearing within ten business days after the date the psychiatrist provides notification.

34.1( 3) Despite subsection (1), the chair of the review board may extend the time limit by an additional ten business days if the review board is unavailable to conduct the hearing or the psychiatrist is unable to be present at the hearing within the initial ten business days.

34.1( 4) If the time limit is extended, the review board shall conduct the hearing as soon as the circumstances permit within the extended time limit.

34.1( 5) The chair of the review board shall give notice of the date, time and place of the hearing to the following persons who have the right to be present at the hearing:

(a) the person who is subject to the supervised community care plan;

(b) the nearest relative of the person who is subject to the supervised community care plan;

(c) a parent, relative or caregiver of the person who is subject to the supervised community care plan if they are residing with that person at the time the application is received;

(d) the health professionals named in the supervised community care plan;

(e) the psychiatric patient advocate; and

(f) any other person having an interest in the matter, as determined by the review board.

34.1( 6) The psychiatrist shall be present at the review board hearing.

34.1( 7) The following persons may be present at a hearing with the consent of the person who is subject to the supervised community care plan:

(a) a parent, relative or caregiver of the person who is not residing with the person at the time the application is received; and

(b) an Elder or other cultural advisor.

34.1( 8) A person who is subject to the supervised community care plan or the nearest relative of that person may call witnesses, cross-examine witnesses and make submissions.

34.1( 9) The review board has the right at all reasonable times to free access to all books, records and other documents relating to a person who is subject to the supervised community care plan.

34.1( 10) A review board or any member of the review board may interview the person who is subject to the supervised community care plan or any other person in private.

34.1( 11) A review board may engage independent medical, psychiatric or other professional persons to present evidence and make submissions with regard to any matter heard by the board.

34.1( 12) The review board may

(a) after a hearing referred to in subsection (1), approve the supervised community care plan, with or without amendments, or reject the plan, and

(b) after a hearing referred to in subsection (2), approve or reject the amendments.

34.1( 13) The review board shall provide a copy of the decision made under subsection (12) to

(a) the person who is subject to the supervised community care plan,

(b) the nearest relative of the person who is subject to the supervised community care plan,

(d) the psychiatric patient advocate.

34.1( 14) A person who is subject to a supervised community care plan, or someone on their behalf, may make an application on a form provided by the Minister to the review board to have one additional hearing in each year, and the review board shall conduct a hearing within 30 business days after the date the application is filed.

34.1( 15) A review board may make rules governing its procedure.

52 The heading “Review of this Part” preceding section 34.2 of the Act is repealed.

53 Section 34.2 of the Act is repealed.

54 Section 36 of the Act is amended

(a) in subsection (1) by striking out “he shall be forthwith examined by the attending psychiatrist to determine whether he is competent to manage his estate” and substituting “the patient shall be examined by the attending psychiatrist without delay to determine whether the patient has the capacity to manage their estate”;

(b) in subsection (2) by striking out “he is competent to manage his estate” and substituting “the patient has the capacity to manage their estate”;

36( 3) After an examination under subsection (1) or (2), if the attending psychiatrist is of the opinion that the patient does not have the capacity to manage their estate, the attending psychiatrist shall issue a certificate of incapacity in respect of that patient on a form provided by the Minister, and the administrator shall forward the certificate to the Public Trustee.

(d) in subsection (4) by striking out “certificate of incompetence” wherever it appears and substituting “certificate of incapacity”;

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

36( 5) Despite the fact that a certificate of incapacity has not been issued in the case of a patient, the patient may appoint, at any time, in writing and signed and sealed by the patient, the Public Trustee as committee of the patient’s estate while they are a patient, and the appointment may be revoked by the patient, at any time, in writing and signed and sealed by the patient.

55 Subsection 37(1.1) of the Act is amended by striking out “upon him or her” and “certificate of incompetence” and substituting “on the Public Trustee” and “certificate of incapacity”, respectively.

56 Paragraph 38(2)(a) of the Act is amended by striking out “certificate of incompetence” and substituting “certificate of incapacity”.

57 The heading “Cancellation of certificate of incompetence” preceding section 39 of the Act is amended by striking out “incompetence” and substituting “incapacity”.

58 Section 39 of the Act is amended by striking out “certificate of incompetence” and substituting “certificate of incapacity”.

59 Section 40 of the Act is amended

(a) in subsection (1) by striking out “his attending psychiatrist to determine whether he will, upon discharge, be competent to manage his estate” and substituting “the patient’s attending psychiatrist to determine whether the patient will, on discharge, have the capacity to manage their estate”;

(b) in subsection (2) by striking out “be competent to manage his estate, he shall issue a notice of continuance on a form provided by the Minister and” and substituting “have the capacity to manage their estate, the attending psychiatrist shall issue a notice of continuance on a form provided by the Minister, and”.

60 Paragraph 41(a) of the Act is amended by striking out “certificate of incompetence” and substituting “certificate of incapacity”.

61 The heading “Inquiry by review board as to competence to manage estate” preceding section 42 of the Act is amended by striking out “competence” and substituting “capacity”.

62 Subsection 42(1) of the Act is repealed and the following is substituted:

42( 1) When a certificate of incapacity or a notice of continuance has been issued, the patient or discharged patient may file an application on a form provided by the Minister with the chair of the review board having jurisdiction to inquire into whether the patient or discharged patient does not have the capacity to manage their estate.

63 Section 44 of the English version of the Act is amended by striking out “to him by reason of his” and substituting “to the patient by reason of their”.

64 Section 47 of the English version of the Act is amended by striking out “his or her” and substituting “the patient’s”.

65 Section 51 of the English version of the Act is amended by striking out “him or her” and substituting “the executor”.

66 Section 52 of the English version of the Act is amended by striking out “he or she” and substituting “the Public Trustee”.

67 Subsection 53(1) of the Act is amended by striking out “be competent to manage his or her” and “his or property or any part of his or her” and substituting “have the capacity to manage their” and “their property or any part of their”, respectively.

68 Section 59 of the English version of the Act is amended in paragraph (c) of the definition “person bound to provide or care for a patient” by striking out “him or her” and substituting “the patient”.

69 Section 60 of the English version of the Act is amended

(a) in subsection (1) by striking out “his” wherever it appears and substituting “their”;

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

60( 2) If a patient does not have the means necessary to pay in whole or in part for their maintenance, but a person is bound by law to provide or care for the patient, that person shall be liable for the patient’s maintenance or for that part of the patient’s maintenance that the patient is unable to pay.

70 Subsection 62(2) of the English version of the Act is amended by striking out “him or the person liable for his maintenance” and substituting “the person or the person liable for the person’s maintenance”.

71 Subsection 63(4) of the English version of the Act is amended by striking out “him” and substituting “the patient”.

72 The Act is amended by adding after section 67 the following:

Review of this Act

67.1 The Minister shall periodically initiate a review of this Act, with the first review to be completed no later than November 1, 2032, and subsequent reviews to be completed every ten years after that.

73 Subsection 68(1) of the Act is amended

(a) by adding after paragraph (i) the following:

(i.01) prescribing other information for the purposes of paragraph 34.04(2)(j);

(b) in paragraph (i.23) of the English version by striking out “chairman” wherever it appears and substituting “chair”;

(d) in paragraph (i.28) of the English version by striking out “chairman” and substituting “chair”;

(e) by repealing paragraph (i.3);

(f) in paragraph k) of the French version by striking out “auditions” and substituting “audiences”;

(g) by repealing paragraph (m).

74 Section 70 of the Act is amended by striking out “certificate of incompetence” and substituting “certificate of incapacity”.

75 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.