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B.C. Reg. 233/99
O.C. 869/99
Deposited July 19, 1999
effective November 15, 1999
This consolidation is current to April 16, 2019.
Link to consolidated regulation (PDF)
Link to Point in Time

Mental Health Act

Mental Health Regulation

[includes amendments up to B.C. Reg. 96/2018, May 15, 2018]

Contents
1Definitions
2Prescribed periods
3Director of facility to be appointed
4Charges
5Notice to patients
6Conduct of review panel hearings
7Review of leave after 12 months
8Second medical opinion
9Release on leave and recall
10Application to court for examination
11Forms
Forms

Definitions

1   In this regulation:

"Act" means the Mental Health Act;

"chair" means a chair of a review panel appointed under section 24.1 (2) (c) of the Act;

"health authority" means

(a) a board designated under the Health Authorities Act,

(b) a board of a hospital as defined by section 1 of the Hospital Act, or

(c) any other governing body of a designated facility;

"review panel" means a review panel appointed under section 24.1 (2) of the Act;

"review panel office" means the office having the following address:

302 – 960 Quayside Drive

New Westminster BC V3M 6G2

Tel: 604-660-2325

Fax: 604-660-2403.

[am. B.C. Regs. 132/2005, s. 1 (a); 224/2012, s. (a).]

Prescribed periods

2   (1) The prescribed period for the purposes of the definition of "resident of British Columbia" in section 1 of the Act is 3 months.

(2) The prescribed period for the purposes of section 22 (7) of the Act is 5 days.

Director of facility to be appointed

3   The health authority responsible for the operation of a designated facility must appoint a person as director of the facility.

Charges

4   (1) The daily charge for long term care, treatment and maintenance of a person who is admitted under section 20 of the Act to a Provincial mental health facility, in respect of persons who have attained the age of 19 years, must be calculated as follows and rounded down to the nearest dime:

 12 
(OAS + GISs) x 
 x 0.85
 365 

where

OAS = the monthly dollar amount of the federal Old Age Security pension;

GISs = the maximum monthly dollar amount of the federal Guaranteed Income Supplement for a single person.

(2) For the purposes of calculating a daily fee under this section

(a) the year is divided into 4 quarters beginning on February 1, May 1, August 1 and November 1 respectively, and

(b) the fee for a day is calculated on the basis of the OAS and GISs as they stand on the first day in the quarter in which the day falls.

Notice to patients

5   The director must ensure that a copy of the Act, sections 1 to 10 of this regulation and Forms 13 and 14 is posted in a conspicuous place that is accessible to patients in the designated facility.

Conduct of review panel hearings

6   (1) In this section:

"facility" means the designated facility in or through which the patient is receiving treatment;

"hearing" means a hearing by a review panel under section 25 of the Act;

"patient" means a person entitled to a hearing.

(2) A hearing may be requested only after a second medical certificate respecting the patient is received by the director under section 22 (2) of the Act.

(3) A request for a hearing must be delivered to the director.

(4) On receiving a request for a hearing, the director must deliver it to the review panel office, and if delivered by facsimile or other electronic means, a paper copy must also be delivered.

(5) The prescribed time for the purposes of section 25 (1) (a) of the Act is 14 days after the request for a hearing is delivered to the review panel office.

(6) The prescribed time for the purposes of section 25 (1) (b) and (c) of the Act is 28 days after the request for a hearing is delivered to the review panel office.

(7) A patient who requests a hearing, or a person who requests a hearing on behalf of a patient, must be given at least 2 clear days' notice of the hearing.

(8) to (21) Repealed. [B.C. Reg. 132/2005, s. 1 (b).]

[am. B.C. Regs. 79/2001; 132/2005, s. 1 (b).]

Review of leave after 12 months

7   (1) The director must give written notice to the review panel office of any patient to whom section 25 (1.1) of the Act applies.

(2) At the request of a chair, the director must deliver to the chair a copy of the treatment record of a patient referred to in subsection (1).

(3) For the purposes of a review under section 25 (1.1) of the Act, a chair may discuss the patient's treatment and care needs with

(a) the patient's treating physician, or

(b) any other health professional who is providing, or has provided, treatment or care to the patient.

(4) If a hearing is ordered under section 25 (1.1) of the Act respecting a patient, the patient may cancel the hearing at any time before the hearing begins.

Second medical opinion

8   (1) An examination for the purposes of a second medical opinion requested under section 31 (2) of the Act must be completed as soon as reasonably practicable after the director receives the request.

(2) A physician who provides a second opinion under section 31 (2) of the Act

(a) is not required to have a permit to practice in the designated facility in or through which the patient is detained,

(b) must be given reasonable access to the patient and the patient's treatment record kept by the designated facility, and

(c) must be given a reasonable opportunity to discuss the patient's treatment and care needs with the patient's treating physician.

(3) A second medical opinion must be delivered to the director no later than 2 clear days after the examination referred to in subsection (1) is completed.

(4) A designated facility is not required to reimburse a patient, or a person acting on behalf of a patient, for expenses incurred by the patient or person in connection with obtaining a second medical opinion under section 31 (2) of the Act.

Release on leave and recall

9   (1) Subject to subsection (2), a patient may not be released under section 37 of the Act unless the leave is first authorized by the director, or a physician authorized by the director, in the form specified under section 11 (20) of this regulation.

(2) Authorization in the form referred to in subsection (1) is not required if a patient is released on leave on conditions that include a requirement that the patient return to the designated facility in a period of 14 days or less after the date of release.

(3) The director may, in writing, authorize a physician to exercise any of the following powers or carry out any of the following duties in relation to a patient released on leave:

(a) care, supervision, treatment, maintenance or rehabilitation of the patient;

(b) completion of a medical report to authorize renewal of the patient's detention;

(c) amending the patient's conditions of leave;

(d) recalling the patient;

(e) discharging the patient.

(4) A physician authorized under subsection (3) need not have a permit to practice in the designated facility.

(5) A patient may not be recalled unless a director referred to in section 39 of the Act, or a physician authorized by the director, is satisfied from an examination of the patient, personal observations or information received that the patient

(a) requires treatment in a designated facility,

(b) requires care, supervision and control in a designated facility to prevent the patient's substantial mental or physical deterioration or for the protection of the patient or the protection of others, and

(c) will not voluntarily return to a designated facility.

Application to court for examination

10   (1) A judge or justice of the peace referred to in section 28 (3) of the Act may order that an application under that section may be made without using the form specified under section 11 (9) of this regulation for that application.

(2) If a judge or justice of the peace referred to in section 28 (3) of the Act is satisfied that public knowledge of an application under that section could reasonably be expected to result in a significant risk of harm to any person's safety or mental or physical health, the judge or justice may order that the application must not be disclosed to any person other than a person authorized by a designated facility to which the person who is the subject of the application is or may be admitted.

Forms

11   (1) An application for admission to a designated facility under section 20 of the Act must be in Form 1.

(2) A consent for treatment for a patient admitted to a designated facility under section 20 of the Act must be in Form 2.

(3) A medical report on the review of continued hospitalization of a person under 16 years of age under section 20 of the Act must be in Form 3.

(4) A medical certificate under section 22 (3) of the Act must be in Form 4.

(5) A consent for treatment for a patient admitted under section 22, 28, 29 or 42 of the Act must be in Form 5.

(6) A medical report to authorize renewal of detention under section 24 (2) of the Act must be in Form 6.

(7) An application for a hearing under section 25 of the Act must be in Form 7.

(8) A review panel determination under section 25 of the Act must be in Form 8.

(9) Subject to section 10 (1) of this regulation, an application under section 28 (3) of the Act must be in Form 9.

(10) A warrant under section 28 (4) of the Act must be in Form 10.

(11) A request under section 31 (2) of the Act must be in Form 11.

(12) A second medical opinion under section 31 (2) of the Act must be in Form 12.

(13) A notice under section 34 of the Act must be in Form 13.

(14) A notice under section 34.1 of the Act must be in Form 14.

(15) A nomination of a near relative for the purposes of section 34.2 of the Act must be in Form 15.

(16) A notice under section 34.2 (1) of the Act must be in Form 16.

(17) A notice under section 34.2 (2) (a) of the Act must be in Form 17.

(18) A notice under section 34.2 (2) (b) of the Act must be in Form 18.

(18.1) A notice under section 34.2 (3) of the Act must be in Form 18.1.

(19) A certificate of discharge under section 36 of the Act must be in Form 19.

(20) Subject to section 9 (2) of this regulation, an authorization for release on leave under section 37 of the Act must be in Form 20.

(21) A warrant under section 39 or 41 of the Act must be in Form 21.

[am. B.C. Reg. 224/2012, s. (b).]

Forms

Form 1

Form 2

Form 3

Form 4

Form 5

Form 6

Form 7

[en. B.C. Reg. 96/2018.]

Form 8

Form 9

Form 10

Form 11

Form 12

Form 13

[en. B.C. Reg. 132/2005, s. 1 (c).]

Form 14

[en. B.C. Reg. 132/2005, s. 1 (c).]

Form 15

[am. B.C. Reg. 132/2005, s. 1 (d).]

Form 16

[en. B.C. Reg. 224/2012, s. (c).]

Form 17

Form 18

[en. B.C. Reg. 224/2012, s. (c).]

Form 18.1

[en. B.C. Reg. 224/2012, s. (c).]

Form 19

Form 20

Form 21

[Provisions of the Mental Health Act, R.S.B.C. 1996, c. 288, relevant to the enactment of this regulation: ss. 9 and 43]