Definitions
1 In this
Regulation,
(a) “Act” means the Mental Health Act;
(b) “formal patient” includes a person who has
been a formal patient;
(c) “Patient Advocate” means the Mental Health
Patient Advocate appointed under the Act.
Delegation
2 The Patient
Advocate may in writing delegate to any person holding any office under the
Patient Advocate any power or duty conferred or imposed on the Patient Advocate
under the Act or the regulation under the Act, except the power of delegation
in this section and the power or duty to make any report under the Act or
regulations.
Power to act on a complaint relating to a formal patient
3(1) On receipt of a complaint
from or relating to a formal patient, the Patient Advocate
(a) shall notify the board of the facility in
which the formal patient is detained of the nature of the complaint,
(b) shall notify the formal patient, in writing,
that a complaint has been received, of the nature of the complaint and of any
investigation arising from the complaint,
(c) if a person other than a formal patient is
named in the complaint, shall notify that person of any investigation arising
from the complaint, and
(d) shall make any contact with the formal
patient and conduct any investigation of the complaint that the Patient
Advocate considers necessary.
(2) If a complaint relates
to a formal patient who has been transferred from one facility to another, the
notice under subsection (1)(a) must be provided to the boards of both
facilities.
(3) A formal patient and a person who has received notice of an
investigation under subsection (1)(c) has the right to make representations to
the Patient Advocate relating to the complaint.
(4) The Patient Advocate
may investigate a complaint only as it relates to the period during which the
person who is the subject of the complaint was subject to 2 admission
certificates or 2 renewal certificates.
(5) On receipt of a
complaint, the Patient Advocate shall provide to the formal patient and to the
complainant, as far as is reasonable, information respecting the following:
(a) the rights of the formal patient under the
Act;
(b) how the formal patient may obtain legal
counsel;
(c) how to make an application to the review
panel;
(d) how to commence an appeal to the Court of
Queen’s Bench.
Power to initiate an investigation without a complaint
4 The Patient
Advocate may, without receiving a complaint, initiate and conduct an investigation
into
(a) any procedure of a facility relating to the
admission of a person detained in the facility pursuant to the Act, and
(b) any procedure of a facility
(i) for informing a formal patient of the
patient’s rights, or
(ii) for providing information as required by the
Act to guardians, nearest relatives or designates of a formal patient.
Procedures
5(1) The Patient
Advocate
(a) shall maintain a record relating to every
complaint and every investigation under this Regulation,
(b) may make any inquiries the Patient Advocate
considers necessary to conduct an investigation,
(c) shall notify the board of a facility of the
Patient Advocate’s intention to contact a patient or a formal patient of the
facility, and
(d) shall notify the board of a facility of the
Patient Advocate’s intention to carry out an investigation that relates to the
facility, whether the investigation arises pursuant to section 3 or 4.
(2) When the board is
notified of the Patient Advocate’s intention to contact a patient or a formal
patient of the facility in accordance with subsection 5(1)(c), the board shall
grant the Patient Advocate access at all reasonable times.
(3) The Patient Advocate is
not required to hold a hearing.
(4) If the Patient Advocate
requests in writing from the board of a facility
(a) any policy or directive of the facility,
(b) any medical or other record or any
information, file or other document relating to a patient or a formal patient
who is the subject of an investigation under section 3 or 4, or
(c) any other information, file or document
relating to an investigation under section 3 or 4,
the
board shall, within a reasonable time after receipt of the request, provide
access to the materials requested.
(5) If the Patient Advocate
so requests, the board shall provide a copy of any materials requested under
subsection (4).
Disclosure
6 The Patient
Advocate shall not disclose information obtained in the course of an
investigation except as required by law or in the performance of the Patient
Advocate’s duties under the Act or this Regulation.
Report
7(1) On
completion of an investigation, the Patient Advocate shall prepare and send to
the board a copy of the report of the investigation.
(2) A report that contains
recommendations must state the reasons for the recommendations.
(3) If a report is sent to
the board under subsection (1) and within a reasonable time after the report is
sent to the board the Patient Advocate is of the opinion that the board has not
taken appropriate action on any recommendation, the Patient Advocate shall send
a copy of the report and the board’s response, if any, to the Minister.
Frivolous complaint
8 The Patient
Advocate may refuse to investigate or cease to investigate a complaint if in
the Patient Advocate’s opinion
(a) the subject‑matter of the complaint is
trivial,
(b) the complaint is frivolous or vexatious, or
(c) having regard to all of the circumstances,
no investigation is necessary.
Notice to complainant
9 The Patient
Advocate
(a) shall inform a formal patient of the
disposition of any complaint that relates to the formal patient, and
(b) may inform a complainant of the disposition
of any complaint initiated by the complainant.
Repeal
10 The Patient
Advocate Regulation (AR 310/89) is repealed.
Expiry
11 For the purpose
of ensuring that this Regulation is reviewed for ongoing relevancy and
necessity, with the option that it may be repassed in its present or an amended
form following a review, this Regulation expires on March 31, 2014.
