49 Powers
of Minister
50 Crown’s right of recovery
51 Mental
health advisory committees
52 Validity
of documents
53 Regulations
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “admission
certificate” means a certificate issued pursuant to section 2 or 3;
(b) “agent”
means an agent as defined in the Personal
Directives Act;
(c) “board”
means
(i) the board of an approved hospital under the Hospitals Act that is designated in whole or in part as a facility,
(ii) a provincial health board under the Regional Health Authorities Act, with respect to a hospital that is
under the jurisdiction of such a board and is designated in whole or in part as
a facility, or
(iii) if a facility is not a facility referred to elsewhere in this
clause, the person in charge of the facility;
(d) “facility”
means a place or part of a place designated in the regulations as a facility;
(e) “formal
patient” means a patient detained in a facility pursuant to 2 admission
certificates or 2 renewal certificates;
(f) “guardian”
includes
(i) the parent or guardian of a minor,
(ii) a director as defined in the Child, Youth and Family
Enhancement Act, with respect to
a child who is the subject of a temporary guardianship order or a permanent
guardianship agreement or order under the Child, Youth and Family
Enhancement Act, and
(iii) a guardian appointed under the Dependent Adults Act with authority over the matters referred to in
section 10(3)(g) and (h) of that Act;
(g) “mental
disorder” means a substantial disorder of thought, mood, perception, orientation
or memory that grossly impairs
(i) judgment,
(ii) behaviour,
(iii) capacity to recognize reality, or
(iv) ability to meet the ordinary demands of life;
(h) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(i) “nearest
relative” means, with respect to a formal patient,
(i) the adult person first listed in the following paragraphs,
relatives of the whole blood being preferred to relatives of the same
description of the half‑blood and the elder or eldest of 2 or more
relatives described in any paragraph being preferred to the other of those
relatives regardless of gender:
(A) spouse or adult interdependent partner;
(B) son or daughter;
(C) father or mother;
(D) brother or sister;
(E) grandfather or grandmother;
(F) grandson or granddaughter;
(G) uncle or aunt;
(H) nephew or niece,
or
(ii) any adult person the board designates in writing to act as the
nearest relative if there is no nearest relative within any description in
subclause (i) or if, in the opinion of the board, the nearest relative
determined under subclause (i) would not act or is not acting in the best
interest of the formal patient;
(j) “patient”
means a person who is admitted to a facility as an in‑patient, or as an
out‑patient for diagnosis or treatment services, or both;
(k) “personal
directive” means a personal directive as defined in the Personal Directives Act;
(l) “psychiatrist”
means a person who is registered under the Medical
Profession Act and who has been granted specialty recognition in psychiatry
by the College of Physicians and Surgeons of the Province of Alberta;
(m) “psychosurgery”
means any procedure that, by direct or indirect access to the brain, removes,
destroys or interrupts the continuity of histologically normal brain tissue, or
that inserts indwelling electrodes for pulsed electric stimulation for the
purpose of altering behaviour or treating psychiatric illness, but does not
include neurological procedures used to diagnose or treat intractable physical
pain or epilepsy where those conditions are clearly demonstrable;
(n) “Public
Guardian” means the person appointed as the Public Guardian pursuant to section
20 of the Dependent Adults Act;
(o) “renewal
certificate” means a certificate issued pursuant to section 8;
(p) “review
panel” means a review panel established pursuant to section 34.
(q) repealed 2002 cA‑4.5 s56.
RSA 2000 cM‑13
s1;2002 cA‑4.5 s56;2003 c16 s117
Part 1
Admission and Detention
Admission certificate
2 When a physician examines a person and is of the
opinion that the person is
(a) suffering
from mental disorder,
(b) in
a condition presenting or likely to present a danger to the person or others,
and
(c) unsuitable
for admission to a facility other than as a formal patient,
the physician may, not later than 24 hours after the
examination, issue an admission certificate in the prescribed form with respect
to the person.
1988 cM‑13.1 s2
Person detained under
Criminal Code
3 If a person has been detained under the Criminal Code (Canada) or the Youth
Criminal Justice Act (Canada) as
unfit to stand trial, not criminally responsible on account of mental disorder
or not guilty by reason of insanity and the person’s detention under the Criminal Code (Canada) or the Youth
Criminal Justice Act (Canada) is
about to expire, a physician is authorized to examine the person and assess the
person’s mental condition and may, if the prerequisites for the issuance of an
admission certificate set out in section 2 are met, issue an admission
certificate in the prescribed form with respect to the person.
RSA 2000 cM‑13
s3;2003 c41 s4(32)
Effect of one admission
certificate
4(1) One admission certificate is sufficient
authority
(a) to
apprehend the person named in the certificate and convey the person to a
facility and for any person to care for, observe, assess, detain and control
the person named in the certificate during the person’s apprehension and
conveyance to a facility, and
(b) to
care for, observe, examine, assess, treat, detain and control the person named
in the certificate for a period of 24 hours from the time when the person
arrives at the facility.
(2) The authority to apprehend a person and convey
the person to a facility under subsection (1)(a) expires at the end of 72 hours
from the time when the certificate is issued.
1988 cM‑13.1 s4
Examination of person
detained
5(1) When a person is conveyed to a facility under
section 10, 12 or 24 or detained in a facility pursuant to one admission certificate,
the board shall ensure that the person is examined as soon as possible by a
physician on the staff of the facility.
(2) When
a person is conveyed to a facility under section 10, 12 or 24, that person
shall be released on the expiry of 24 hours from the time when that person
arrived at the facility unless, within that time, 2 admission certificates are
issued with respect to that person.
(3) When a person is detained pursuant to one
admission certificate, that person shall be released on the expiry of 24 hours
from the time when that person arrived at the facility unless, within that
time, another admission certificate is issued with respect to that person.
1988 cM‑13.1 s5
Contents of admission
certificate
6 An admission certificate shall show
(a) the
name of the person in respect of whom the certificate is issued,
(b) the
name and address of the physician issuing it,
(c) the
date and time at which the personal examination was conducted,
(d) the
facts on which the physician formed the physician’s opinion that the person is
(i) suffering from mental disorder,
(ii) in a condition presenting or likely to present a danger to the
person or others, and
(iii) unsuitable for admission to a facility other than as a formal
patient,
distinguishing the facts
observed by the physician from the facts communicated to the physician by
others,
(e) the
name of the facility where the person was examined or, if the person is not in
a facility, the name and address of the facility to which the person is to be conveyed,
and
(f) the date and time of issue.
1988 cM‑13.1 s6
Effect of 2 admission
certificates
7(1) Two admission certificates are sufficient
authority to care for, observe, examine, assess, treat, detain and control the
person named in them in a facility for a period of one month from the date the
2nd admission certificate is issued.
(2) No person shall be detained as a formal patient
at a facility unless at least one of the admission certificates is issued by a
member of the staff of that facility.
1988 cM‑13.1 s7
Renewal certificates
8(1) The period of detention of a formal patient may
be extended when 2 physicians, after a separate examination by each of them,
are of the opinion that the formal patient is
(a) suffering
from mental disorder,
(b) in
a condition presenting or likely to present a danger to the person or others,
and
(c) unsuitable
to continue at a facility other than as a formal patient,
and each issues a
renewal certificate in the prescribed form within 24 hours after the examination.
(2) At
least one of the physicians who issue renewal certificates under this section
shall be a member of the staff of the facility at which the formal patient is
detained and at least one of the certificates shall be issued by a
psychiatrist.
(3) Two
renewal certificates are sufficient authority to care for, observe, examine,
assess, treat, detain and control the person named in them,
(a) in
the first case where 2 renewal certificates are issued, for a period of not
more than one additional month,
(b) in
the 2nd case where 2 renewal certificates are issued, for a period of not more
than one additional month, and
(c) in the 3rd case and in each subsequent case
where 2 renewal certificates are issued, for a period of not more than 6
additional months.
1988 cM‑13.1 s8
Contents of renewal
certificate
9 A renewal certificate shall show
(a) the
name of the person in respect of whom the certificate is issued,
(b) the
name and address of the physician issuing it,
(c) the
date on which the personal examination was conducted,
(d) the
facts on which the physician formed the physician’s opinion that the person is
(i) suffering from mental disorder,
(ii) in a condition presenting or likely to present a danger to the
person or others, and
(iii) unsuitable to continue at a facility other than as a formal
patient,
distinguishing the facts
observed by the physician from the facts communicated to the physician by
others,
(e) the
name of the facility where the person was examined, and
(f) the date and time of issue.
1988 cM‑13.1 s9
Warrant for apprehension
10(1) Anyone who has reasonable and probable grounds
to believe that a person is
(a) suffering
from mental disorder, and
(b) in
a condition presenting or likely to present a danger to the person or others
may bring an
information under oath before a provincial judge.
(2) If
the provincial judge is satisfied that
(a) the
person is in a condition presenting or likely to present a danger to the person
or others, and
(b) an
examination can be arranged in no other way,
the provincial judge
may issue a warrant to apprehend that person for an examination.
(3) If
the provincial judge issues a warrant under this section, the provincial judge
shall also issue brief written reasons for the issuance of the warrant.
(4) A
hearing under this section shall be recorded in accordance with the Recording of Evidence Act.
(5) A
warrant under this section
(a) may
be directed to any peace officer and shall name or otherwise identify the
person with respect to whom the warrant is issued, and
(b) is
authority for a peace officer to apprehend the person named or identified in
the warrant and convey the person to a facility for examination.
(6) While
a person is being conveyed to a facility under the authority of a warrant, the
warrant is sufficient authority to care for, observe, assess, detain and
control the person named or identified in the warrant.
(7) Where a peace officer has not apprehended a
person within 7 days from the date of the warrant, the warrant ceases to be
effective unless, before the expiry of the 7‑day period, a provincial
judge extends the duration of the warrant under section 11.
RSA 2000 cM‑13
s10;2006 c4 s3
Extension of warrant
11(1) On the application of a peace officer, a
provincial judge may extend the duration of a warrant issued under section 10
on one occasion only for a period of up to 7 days from the day on which the
warrant expires under that section.
(2) If,
in the opinion of a peace officer, it would be impracticable to appear personally
before a provincial judge to apply for an order in accordance with subsection
(1), the peace officer may make the application by telephone or other means of
telecommunication to a provincial judge.
(3) The
information on which an application for an order by telephone or other means of
telecommunication is based shall be given on oath and shall be recorded
verbatim by the judge who, as soon as practicable, shall cause the record or a
transcription of the record, certified by the judge as to time, date and
contents, to be filed with the clerk of the court.
(4) For
the purposes of subsection (3), an oath may be administered by telephone or
other means of telecommunication.
(5) The
information submitted by telephone or other means of telecommunication shall
include a statement of the circumstances that make it impracticable for the
peace officer to appear personally before a provincial judge.
(6) A
provincial judge who is satisfied that an application made by telephone or
other means of telecommunication
(a) conforms
to the requirements of subsection (5), and
(b) discloses
reasonable grounds for dispensing with personal appearance for the purpose of
making an application under subsection (1)
may make an order
extending the duration of the warrant for a period of up to 7 days from the day
on which the warrant expires under section 10.
(7) If
a provincial judge makes an order under subsection (6),
(a) the
judge shall complete and sign an order in the prescribed form, noting on its
face the date, time and place at which it was made,
(b) the
peace officer, on the direction of the judge, shall complete, in duplicate, a
facsimile of the order in the prescribed form, noting on its face the name of
the provincial judge making the order and the date, time and place at which it
was made, and
(c) the
judge shall, as soon as practicable after the order has been made, cause the
order to be filed with the clerk of the court.
(8) An order made by telephone or other means of
telecommunication is not subject to challenge by reason only that the
circumstances were not such as to make it reasonable to dispense with personal
appearance for the purpose of making an application under subsection (1).
1988 cM‑13.1 s11
Peace officer’s power
12(1) When a peace officer has reasonable and
probable grounds to believe that
(a) a
person is suffering from mental disorder,
(b) the
person is in a condition presenting a danger to the person or others,
(c) the
person should be examined in the interests of the person’s own safety or the
safety of others, and
(d) the
circumstances are such that to proceed under section 10 would be dangerous,
the peace officer may
apprehend the person and convey the person to a facility for examination.
(2) While
a person is being conveyed to a facility under subsection (1), the authority in
that subsection is sufficient authority to care for, observe, assess, detain
and control the person.
(3) When
a peace officer conveys a person to a facility under this section, the peace
officer shall complete a statement in the prescribed form for the use of the
facility, setting out
(a) the
name of the person conveyed, if known,
(b) the
date, time and place at which the person was apprehended, and
(c) the grounds on which the peace officer
formed the peace officer’s belief under subsection (1).
1988 cM‑13.1 s12
Remand to facility for
examination
13(1) A person who, pursuant to the Criminal Code (Canada) or the Youth
Criminal Justice Act (Canada), is
remanded to custody for observation may be admitted to, examined, treated and
detained in and discharged from a facility in accordance with the law.
(2) A person who, pursuant to the Criminal Code (Canada) or the Youth
Criminal Justice Act (Canada), is
detained for treatment may be admitted to, examined, treated and detained in
and discharged from a facility in accordance with the law.
RSA 2000 cM‑13
s13;2003 c41 s4(32)
Part 2
Administration
Duties toward patients
14(1) When 2 admission certificates or 2 renewal
certificates are issued with respect to a patient,
(a) the
board shall inform the formal patient and make a reasonable effort to inform
the patient’s guardian, if any, and, unless the patient objects, the patient’s
nearest relative, of
(i) the reason, in simple language, for the issuance of the admission
certificates or renewal certificates, and
(ii) the patient’s right to apply to the review panel for cancellation
of the admission certificates or renewal certificates,
and
(b) the
board shall give the formal patient, the patient’s guardian, if any, one person
designated by the patient and, unless the patient objects, the patient’s
nearest relative a written statement of
(i) the reason, in simple language, for the issuance of the admission
certificates or renewal certificates,
(ii) the authority for the patient’s detention and the period of it,
including copies of the admission certificates or renewal certificates,
(iii) the function of review panels,
(iv) the name and address of the chair of the review panel for the
facility, and
(v) the right to apply to the review panel for cancellation of the
admission certificates or renewal certificates.
(2) In
the event of language difficulty, the board shall obtain a suitable interpreter
and provide the information and the written statement referred to in subsection
(1) in the language spoken by the formal patient or the patient’s guardian.
(3) In
addition to giving a written statement pursuant to this section, the board
shall, having regard to the circumstances in each case in which the formal
patient desires to exercise the patient’s right to apply for cancellation of
admission certificates or renewal certificates, do any other things the board
considers expedient to facilitate the submission of an application.
(4) If a formal patient has designated another person
to receive notices, the board shall also mail a copy of all notices and
information required to be given to the patient to the person designated at the
address provided by the patient.
1988 cM‑13.1 s14
Communications by and to
patients
15 No communication written by a patient in a
facility or written to a patient in a facility shall be opened, examined or
withheld and its delivery shall not be obstructed or delayed in any way by the
board or a member of the staff of a facility.
1988 cM‑13.1 s15
Visiting hours
16(1) A patient may receive visitors during hours
fixed by the board unless a physician considers that a visitor would be
detrimental to the patient’s health.
(2) Notwithstanding subsection (1), a lawyer acting
for a patient may visit the patient at any time.
1988 cM‑13.1 s16
Confidentiality of
diagnoses, records, etc.
17(1) In this section,
(a) “board”
means the board or person in charge of a diagnostic and treatment centre;
(b) “diagnostic
and treatment centre” or “centre” means a place established by the Minister
pursuant to section 49(a) or (b) and includes a facility that is not an
approved hospital under the Hospitals Act
and a hospital under the jurisdiction of a provincial health board under the Regional Health Authorities Act;
(b.1) “health
information” means health information as defined in the Health Information Act;
(c) “legal
representative” means an executor or administrator of the estate of a deceased
person, the guardian or trustee of a dependent adult under the Dependent Adults Act, the agent
designated in a personal directive made by a person in accordance with the Personal Directives Act or the guardian
of a minor;
(d) “mentally
competent” means able to understand the subject‑matter in respect of
which consent is requested and able to appreciate the consequences of giving or
refusing consent.
(1.1) Except
as permitted or required under this Act, the Minister, a person authorized by
the Minister, a board, an employee of a board or a physician may disclose
health information obtained from records maintained in a diagnostic and
treatment centre or from persons having access to them only in accordance with
the Health Information Act.
(2) The
board of a diagnostic and treatment centre shall cause a record to be kept of
the diagnostic and treatment services provided to every person in the
diagnostic and treatment centre.
(3) For
the purpose of assessing the standards of care furnished to persons in a
diagnostic and treatment centre or improving mental health care facilities or
procedures or enforcing the Crown’s right of recovery under Part 5 of the Hospitals Act or for any other purpose
considered by the Minister to be in the public interest, the Minister or any
person authorized in writing by the Minister may require that all or any of the
following be sent to the Minister or any person designated by the Minister:
(a) health
information and other records in a centre;
(b) extracts
from and copies of those records.
(c) repealed
RSA 2000 cH‑5 s119.
(4), (5) Repealed RSA 2000 cH‑5 s119.
(6) The
Minister or any person authorized by the Minister may, for the purpose of
enforcing the Crown’s right of recovery under Part 5 of the Hospitals Act, disclose information
obtained under subsection (3).
(7) The
Minister, a person authorized by the Minister, a board, an employee of a board
or a physician may disclose any health information relating to a person
receiving diagnostic and treatment services in a centre
(a) – (c) repealed
RSA 2000 cH‑5 s119,
(d) to
the Public Guardian if the health information is, in the opinion of the person
making the disclosure, relevant to the making of a guardianship order under the
Dependent Adults Act in respect of
the person to whom the health information relates,
(e) to
the Public Trustee if the health information is, in the opinion of the person
making the disclosure, relevant to the making of a trusteeship order under the Dependent Adults Act in respect of the
person to whom the diagnosis, record or information relates,
(f) to
a review panel that is to hear or is hearing an application from the person to
whom the health information relates, or to the Court of Queen’s Bench for the
purposes of an appeal under section 43,
(g) repealed
RSA 2000 cH‑5 s114;
(h) to
a Director of Medical Services under the Occupational
Health and Safety Act when the health information relates to an accident
that occurred in respect of the person’s occupation or one or more of the
person’s former occupations, or to a disease that is related to the person’s
occupation or one or more of the person’s former occupations,
(i) to
The Workers’ Compensation Board, the Provincial Health Authorities of Alberta
or a provincial hospital insurance authority if the information is required in
order to establish responsibility for payment,
(j) to
the Department of Health (Canada) for purposes in connection with the Canada Health Act (Canada),
(k) repealed
RSA 2000 cH‑5 s119,
(l) to
a Review Board appointed pursuant to the Criminal
Code (Canada) that is to review the case of the person to whom the health
information relates,
(m) to
the council of the College of Physicians and Surgeons of the Province of
Alberta or an investigating committee under the Medical Profession Act or the council of the College and
Association of Registered Nurses of Alberta, if
(i) an officer of the College or of the College and Association of
Registered Nurses of Alberta, as the case may be, makes a written request for
the health information and the disclosure is consented to by the person to whom
the health information relates or the person’s legal representative, or
(ii) the disclosure is made in compliance with a notice under section
59 of the Medical Profession Act or
section 72 of the Nursing Profession Act
to attend as a witness or to produce documents,
(n) to
a person conducting an investigation, a hearing tribunal or the council of the
dental profession under the Health
Professions Act if
(i) an officer of the Alberta Dental Association and College makes a
written request for it and the disclosure is consented to by the patient or the
patient’s legal representative, or
(ii) the disclosure is made in compliance with a notice under sections
73 and 74 of the Health Professions Act
to attend as a witness or to produce documents,
(o) repealed
RSA 2000 cH‑5 s119,
(o.1) to
a hearings director of a college under the Health
Professions Act, if the disclosure is made in compliance with a notice
under section 73 or 74 of the Health
Professions Act,
(p) to
the Health Disciplines Board or
(i) to the Committee of a designated health discipline governed by a
Committee, or
(ii) in the case of a designated health discipline governed by a
health discipline association, to the conduct and competency committee
established by the health discipline association,
if the disclosure is made
in compliance with a notice under section 38(1) of the Health Disciplines Act, and
(q) to
an investigator or a hearing tribunal of the psychology profession under the Health Professions Act if
(i) an officer of the College of Alberta Psychologists makes a
written request for it and the disclosure is consented to by the patient or the
patient’s legal representative, or
(ii) the disclosure is made in compliance with a
notice under sections 73 and 74 of the Health
Professions Act to attend as a witness or to produce documents.
(8) Repealed
RSA 2000 cH‑5 s119.
(9) The
person in charge of a diagnostic and treatment centre shall, after the
discharge of a patient from the centre for the purpose of transferring the
patient to another centre, hospital or nursing home inside or outside Alberta,
forward to that other centre, hospital or nursing home copies of the
appropriate records of diagnostic and treatment services provided in respect of
that patient for the use of that other centre, hospital or nursing home.
(10) to (13) Repealed RSA 2000 cH‑5 s119.
RSA 2000 cM‑13
s17;RSA 2000 cH‑5 s119;
RSA 2000 cH‑7 ss145,147,153,155;
2003 c39 s8;2005 c13 s6
Refusal of admission to
facility
18(1) When any person is conveyed to a facility
pursuant to one admission certificate and another admission certificate is not
issued with respect to that person, the board shall inform the person and, if
the person does not object, the referring source, of the reasons why another
certificate was not issued and may refer the person to another facility or
service, in which case the referring source shall, unless the person objects,
be informed of any alternative arrangements made.
(2) Nothing in this section or section 19 abrogates
or restricts the authority conferred on a board by the Hospitals Act or any other Act.
1988 cM‑13.1
s18;1994 cR‑9.07 s25(20)
Treatment and security
of patients
19(1) On the admission of a patient to a facility,
the board of the facility shall provide the diagnostic and treatment services
that the patient is in need of and that the staff of the facility is capable of
providing and able to provide.
(2) The board of a facility in which a formal
patient is detained shall determine what level of security is reasonably
required for each patient in view of all the circumstances and afterwards
provide it and review the necessary level of security at intervals of not more
than 3 months.
1988 cM‑13.1 s19
Leave of absence
20(1) Notwithstanding any admission certificates or
renewal certificates issued with respect to a formal patient, the board of a
facility may grant a formal patient leave of absence from the facility.
(2) Leave
of absence may be granted on any terms and conditions prescribed by the board
and without restricting the generality of the foregoing may include a condition
that the formal patient remain under the supervision and subject to the
treatment of any person or persons designated by the board.
(3) When
a formal patient is on a leave of absence granted under this section, the board
may by notice in writing given to
(a) the
patient, or
(b) the
person supervising the patient,
revoke the leave of
absence and recall the patient to the facility.
(4) When
a formal patient refuses or neglects to return to the facility or when the
board is unable to serve a notice in writing pursuant to subsection (3), the
board may declare the patient to be absent without leave and issue an order in
the prescribed form ordering any peace officer to return the patient to the
facility.
(5) Nothing in this section authorizes the granting
of a leave of absence to a formal patient who is detained in or remanded to a
facility pursuant to the Criminal Code
(Canada) or the Young Offenders Act
(Canada).
1988 cM‑13.1 s20
Return of formal patient
to facility
21(1) If a formal patient leaves a facility when
leave of absence has not been granted, the board may issue an order in the
prescribed form ordering a peace officer to return the patient to the facility.
(2) On
receipt of
(a) an
order under subsection (1), or
(b) an
order under section 20,
every peace officer is
empowered to apprehend, without warrant, the person named in the order and to
return that person to the facility.
(3) A
person who is returned to a facility under this section or section 20 may be detained
for the remainder of the authorized period of detention to which the person was
subject when the person’s absence was discovered or, if the certificates
relating to that person expired during the period the person was absent from
the facility, the person is deemed to be a person in respect of whom one
admission certificate is issued when the person is apprehended by a peace
officer under this section or section 20.
(4) An order of the board under this section or
section 20 shall state the date of expiration of the admission certificates or
renewal certificates, as the case may be.
1988 cM‑13.1 s21
Transfer to another
facility
22(1) A board may, if otherwise permitted by law and
if arrangements have been made with the board of another facility, transfer a
formal patient to that facility on completing a memorandum of transfer in the
prescribed form.
(2) When a formal patient is transferred under
subsection (1), the authority conferred by any certificates relating to the
patient continues in force in the facility to which the patient is transferred.
1988 cM‑13.1 s22
Transfer for hospital
treatment
23(1) When a formal patient requires hospital
treatment that cannot be provided in the facility, the board may, if otherwise
permitted by law, transfer the patient to a hospital for treatment and return
the patient to the facility on the conclusion of the treatment.
(2) When a formal patient is transferred under
subsection (1), the board of the hospital or a person designated by it has, in
addition to the powers and duties conferred on it by any other Act, the powers
and duties under this Act of a board in respect of the custody and control of
the patient.
1988 cM‑13.1 s23
Transfer into Alberta
24(1) When the Minister has reasonable and probable
grounds to believe that a person who is
(a) suffering
from mental disorder,
(b) in
a condition presenting or likely to present a danger to the person or others,
and
(c) unsuitable
for admission to a facility other than as a formal patient,
may come or be brought
into Alberta, the Minister may issue a certificate in the prescribed form
authorizing a peace officer or other person to apprehend the person named in
the certificate and convey the person to a facility for examination.
(2) While a person is being conveyed to a facility
under subsection (1), the authority in that subsection is sufficient authority
to care for, observe, assess, detain and control the person.
1988 cM‑13.1 s24
Transfer out of Alberta
25 When it appears to the Minister
(a) that
a formal patient has come or been brought into Alberta and that the patient’s
care and treatment is the responsibility of another jurisdiction, or
(b) that
it would be in the best interests of a formal patient to be cared for in
another jurisdiction,
the Minister may, on compliance in Alberta with the laws of
the other jurisdiction with all necessary modifications, issue a transfer in
the prescribed form to authorize a transfer of the formal patient to the other
jurisdiction.
1988 cM‑13.1 s25
Part 3
Treatment and Control
Mental competence
26 For the purposes of this Part, a person is
mentally competent to make treatment decisions if the person is able to
understand the subject‑matter relating to the decisions and able to
appreciate the consequences of making the decisions.
1988 cM‑13.1 s26
Competence to make
treatment decisions
27(1) A physician who is of the opinion that a formal
patient is not mentally competent to make treatment decisions shall complete
and file with the board a certificate in the prescribed form.
(2) The
physician shall include in the certificate written reasons for the opinion that
the formal patient is not mentally competent.
(3) The
board shall give to the formal patient, the patient’s agent, if any, the
patient’s guardian, if any, and, unless the patient objects, the patient’s
nearest relative a copy of the certificate and written notice that the patient
is entitled to have the physician’s opinion reviewed by a review panel if the
patient applies for the review by sending a notice of application to the chair
of the review panel in the prescribed form.
(4) If
an application is made to a review panel to review a physician’s opinion that a
formal patient is not mentally competent to make treatment decisions, neither a
physician nor the board shall act on the opinion pending the outcome of the
application.
(5) A finding by a court or by a review panel that
a formal patient is mentally competent or is not mentally competent applies
only for the purposes of this Part.
1988 cM‑13.1
s27;1996 cP‑4.03 s39
Treatment decisions on
behalf of formal patient
28(1) For the purposes of this Part other than
section 29(5), treatment decisions may be made on behalf of a formal patient
who is a minor or who is not mentally competent by a person who is apparently mentally
competent, is available and willing to make the decision and is
(a) the
formal patient’s agent,
(b) the
formal patient’s guardian,
(c) in
a case where the formal patient does not have a guardian or agent or the agent
is not available or not willing or cannot be contacted after every reasonable
effort has been made, the patient’s nearest relative as defined in section
1(i)(i), or
(d) in
a case where the formal patient does not have a person referred to in this
subsection, the Public Guardian.
(2) A
person referred to in subsection (1)(a) or (c) shall not exercise the authority
given by that subsection unless the person
(a) has
been in personal contact with the formal patient over the preceding 12‑month
period,
(b) is
willing to assume the responsibility for making treatment decisions, and
(c) makes
a statement in writing certifying the person’s relationship to the formal
patient and the facts set out in clauses (a) and (b).
(3) A
person authorized by subsection (1)(a) or (c) to make treatment decisions on
behalf of a formal patient shall make the decisions in accordance with what the
person believes to be the best interest of the patient.
(4) In
order to determine the best interest of the formal patient in relation to
treatment, a person referred to in subsection (1)(a) or (c) shall have regard
to the following:
(a) whether
the mental condition of the patient will be or is likely to be improved by the
treatment;
(b) whether
the patient’s condition will deteriorate or is likely to deteriorate without
the treatment;
(c) whether
the anticipated benefit from the treatment outweighs the risk of harm to the
patient;
(d) whether
the treatment is the least restrictive and least intrusive treatment that meets
the requirements of clauses (a), (b) and (c).
(5) If
the attending physician is of the opinion that a formal patient is not mentally
competent to make treatment decisions and the patient objects to treatment, the
treatment shall not be given pursuant to a treatment decision made by a person referred
to in subsection (1)(a) or (c) unless a 2nd physician is also of the opinion
that the patient is not mentally competent to make treatment decisions.
(6) If
treatment decisions are made by a person referred to in subsection (1)(a) or
(c) on a formal patient’s behalf, that person’s statement in writing as to the
person’s relationsh
