HONOURABLE ADRIAN DIX
MINISTER OF HEALTH

BILL 22 – 2020

MENTAL HEALTH AMENDMENT ACT, 2020

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 – Mental Health Act Amendments

SECTION 1: [Mental Health Act, headings to Part 1 and Division 1 of Part 1] changes a heading, consequential to the addition by this Bill of Part 2 to the Act.

1 The Mental Health Act, R.S.B.C. 1996, c. 288, is amended by repealing the heading to Part 1 and substituting the following:

Part 1 – Admission for Psychiatric Treatment

Division 1 – Interpretation .

SECTION 2: [Mental Health Act, section 1] changes references and modernizes the language of a definition, consequential to the addition by this Bill of Part 2 to the Act.

2 Section 1 is amended

(a) by striking out "In this Act:" and substituting "In this Part:",

(b) in the definitions of "approved home", "director", "patient" and "Provincial mental health facility" by striking out "this Act" and substituting "this Part",

(c) in the definition of "director" by adding "made under section 43" after "the regulations",

(d) by repealing the definition of "public hospital" and substituting the following:

"public hospital" has the same meaning as "hospital" in section 1 of the Hospital Act; , and

(e) in the definition of "society" by striking out "facilities" in both places and substituting "designated facilities".

SECTION 3: [Mental Health Act, heading to Division 2 of Part 1] changes a heading, consequential to the addition by this Bill of Part 2 to the Act.

3 The heading to Part 2 is repealed and the following substituted:

Division 2 – Administration .

SECTION 4: [Mental Health Act, section 2] changes a reference, consequential to the addition by this Bill of Part 2 to the Act.

4 Section 2 is amended by striking out "facilities" and substituting "designated facilities".

SECTION 5: [Mental Health Act, section 6] changes references, consequential to the addition by this Bill of Part 2 to the Act.

5 Section 6 is amended by striking out "under this Act in accordance with this Act and its regulations" and substituting "under this Part in accordance with this Part and the regulations made under section 43".

SECTION 6: [Mental Health Act, section 11] changes a reference, consequential to the addition by this Bill of Part 2 to the Act.

6 Section 11 (1) is amended by striking out "this Act" and substituting "this Part".

SECTION 7: [Mental Health Act, section 16] changes references, consequential to the addition by this Bill of Part 2 to the Act.

7 Section 16 (h) and (i) is amended by adding "made under section 43" after "the regulations".

SECTION 8: [Mental Health Act, heading to Division 3 of Part 1] changes a heading, consequential to the addition by this Bill of Part 2 to the Act.

8 The heading to Part 3 is repealed and the following substituted:

Division 3 – Admission and Detention of Patients .

SECTION 9: [Mental Health Act, sections 18, 24.1, 25, 32, 33, 35 and 36] changes references, consequential to the addition by this Bill of Part 2 to the Act.

9 Sections 18, 24.1 (4), 25 (2.3), 32, 33 (5), 35 (3) and 36 (2) are amended by striking out "this Act" wherever it appears and substituting "this Part".

SECTION 10: [Mental Health Act, sections 37 and 38] changes references, consequential to the addition by this Bill of Part 2 to the Act.

10 Sections 37 and 38 are amended by adding "made under section 43" after "the regulations".

SECTION 11: [Mental Health Act, section 39] changes references, consequential to the addition by this Bill of Part 2 to the Act.

11 Section 39 is amended

(a) in subsection (1) by striking out "this Act" and substituting "this Part", and

(b) in subsections (2) and (3) by adding "made under section 43" after "the regulations".

SECTION 12: [Mental Health Act, section 41] changes a reference, consequential to the addition by this Bill of Part 2 to the Act.

12 Section 41 (1) is amended by striking out "this Act" and substituting "this Part".

SECTION 13: [Mental Health Act, heading to Division 4 of Part 1] changes a heading, consequential to the addition by this Bill of Part 2 to the Act.

13 The heading to Part 4 is repealed and the following substituted:

Division 4 – Regulations .

SECTION 14: [Mental Health Act, section 43] changes references, consequential to the addition by this Bill of Part 2 to the Act.

14 Section 43 (2) (f) and (i) is amended by striking out "this Act" and substituting "this Part".

SECTION 15: [Mental Health Act, Part 2] adds a new Part that provides for the admission of a youth to, the detention of a youth in and the discharge of a youth from stabilization facilities, for the purpose of providing stabilization care in relation to the youth's engagement in severe problematic substance use.

15 The following Part is added:

Part 2 – Youth Stabilization Care

Division 1 – Interpretation

Definitions

44  In this Part:

"adult" means an individual who is 19 years of age or older;

"best interests" means best interests as determined in accordance with section 45 [best interests of youth];

"community supports" includes strategies and services

(a) to reduce the risk to a youth of physical, mental and social harms arising from the youth's engagement in severe problematic substance use, and

(b) to increase the capacity of a youth to make decisions for the purposes of reducing and managing the youth's engagement in severe problematic substance use;

"director", in relation to a stabilization facility, means the person appointed under section 69 (1) [appointment of director] as the director of the facility;

"discharge letter" means a letter made in accordance with section 66 (2) [discharge plan requirements];

"discharge plan" means a discharge plan made in accordance with section 56 [discharge plan];

"health care" means

(a) anything that is done for a therapeutic, preventive or diagnostic purpose, and

(b) a course of care;

"physician" means a medical practitioner;

"public hospital" has the same meaning as "hospital" in section 1 of the Hospital Act;

"recommending physician" means a physician who makes a stabilization care certificate;

"regional health board" means a regional health board of a health authority within the meaning of the Health Authorities Act;

"responsible adult" means a person who, under section 46 [responsible adult], is or is designated as a responsible adult;

"service provider" means a person who provides, outside of a public hospital, health care services or community supports;

"severe problematic substance use" has the meaning given to it in section 47 [severe problematic substance use];

"stabilization care" means the actions described in section 54 (1) [stabilization care];

"stabilization care certificate" means a certificate made in accordance with section 50 [first stabilization care certificate] or 59 [second stabilization care certificate], as applicable;

"stabilization facility" means a stabilization facility designated under section 68 (1) [designation of stabilization facilities];

"stable" has the meaning given to it in section 48 [stability];

"youth" means a person

(a) who is under the age of 19,

(b) who reasonably appears to be under the age of 19, unless there is reason to believe that the person is an adult, or

(c) who, at the time the person was admitted to a public hospital for a type of health care identified in a first stabilization care certificate made for the person, was under the age of 19.

Best interests of youth

45  (1) Where there is a reference in this Part to the best interests of a youth, the youth's best interests must be determined

(a) in accordance with a regulation made under section 76 [regulations respecting stabilization care], if any, and

(b) by considering all relevant factors, including the following:

(i) the youth's safety;

(ii) the youth's physical and emotional needs, including the effects of any trauma or intergenerational trauma experienced by the youth;

(iii) the importance of maintaining continuity in health care and community supports;

(iv) the youth's cultural, racial, linguistic, religious and spiritual heritage;

(v) the youth's sex, sexual orientation and gender identity and expression;

(vi) the youth's views.

(2) Without limiting subsection (1), the following factors must also be considered in determining the best interests of an Indigenous youth:

(a) the importance of the youth being able to learn about and practise the youth's Indigenous traditions, customs and language;

(b) the importance of the youth belonging to the youth's Indigenous community.

(3) For the purposes of subsection (2), a youth is an Indigenous youth if the youth

(a) is a member or constituent of a treaty first nation, the Nisga'a Nation or another first nation, or

(b) is of Indigenous ancestry, including M├ętis or Inuit, and the youth self-identifies as Indigenous.

Responsible adult

46  (1) In this section, "child in care" has the same meaning as in the Child, Family and Community Service Act.

(2) Where there is a reference in this Part to a responsible adult in relation to a youth, the responsible adult is as follows:

(a) if the youth is a child in care, the director or director of adoption within the meaning of the Child, Family and Community Service Act who has custody, care or guardianship of the youth;

(b) if the youth is not a child in care, a person designated by the director of the stabilization facility to which the youth is admitted.

(3) For the purposes of subsection (2) (b), the director may designate one or more of the following persons who the director believes will act in the youth's best interests:

(a) a parent or guardian of the youth;

(b) an adult with whom the youth has a meaningful relationship.

Severe problematic substance use

47  For the purposes of this Part, a youth who uses a substance is engaged in severe problematic substance use if

(a) 2 or more of the following indicators are present in relation to the youth's use of the substance:

(i) neuroadaptation to the substance;

(ii) craving for the substance;

(iii) difficulty controlling use of the substance;

(iv) use of the substance despite suffering harm in relation to that use, and

(b) the youth's use of the substance is likely to continue and to result in the death or severe disability of the youth.

Stability

48  For the purposes of this Part, a youth engaged in severe problematic substance use is stable if the youth

(a) understands that the youth is engaged in severe problematic substance use,

(b) understands the consequences of that use continuing, and

(c) has the capacity to make decisions about health care and community supports in relation to the youth's engagement in severe problematic substance use.

Division 2 – Admission to Stabilization Facility

Conditions for first stabilization care certificate

49  (1) A physician may recommend that a youth be admitted to a stabilization facility by making a first stabilization care certificate in accordance with section 50 [first stabilization care certificate].

(2) A physician may make a recommendation under subsection (1) only if all of the following conditions are met:

(a) the physician believes that the subject of the certificate is a youth;

(b) the youth has been admitted to a public hospital emergency department as a result of an overdose;

(c) the public hospital to which the youth is admitted has a stabilization facility;

(d) the youth received one or more of the following types of health care in relation to the overdose for which the youth is admitted:

(i) administration of overdose reversal medication;

(ii) intubation;

(iii) resuscitation or another type of health care to prevent imminent death;

(e) the physician has examined the youth in relation to the overdose for which the youth is admitted and is of the opinion that the youth

(i) is engaged in severe problematic substance use, and

(ii) is not stable.

First stabilization care certificate

50  (1) A first stabilization care certificate may be used for the purposes of admitting a youth to a stabilization facility only if the certificate

(a) is in the prescribed form,

(b) meets the requirements of subsection (2), and

(c) is signed by the recommending physician.

(2) A recommending physician must, in a first stabilization care certificate, include all of the following:

(a) a statement that the certificate is a first stabilization care certificate prepared for the purposes of this Part;

(b) the name of the recommending physician;

(c) the name of the youth who is the subject of the certificate;

(d) the name of the public hospital to which the youth is admitted;

(e) a description of the type of health care, as described in section 49 (2) (d) [conditions for first stabilization care certificate], received by the youth;

(f) the date and time that the certificate was signed;

(g) confirmation that each of the conditions referred to in section 49 (2) is met;

(h) the reason for holding the opinion referred to in section 49 (2) (e).

Conditions for admission to stabilization facility

51  (1) On receiving a first stabilization care certificate made for a youth, a director of a stabilization facility may admit the youth to the facility, and detain the youth in the facility, if all of the following conditions are met:

(a) the facility is part of the public hospital to which the youth is admitted;

(b) the youth has not

(i) been discharged from that public hospital, or

(ii) left that public hospital with no apparent intention of returning;

(c) the director is of the opinion that

(i) the facility has the capacity to provide stabilization care to the youth, and

(ii) detention in the facility would not be contrary to the best interests of the youth.

(2) On receiving a first stabilization care certificate made for a youth, a director of a stabilization facility must

(a) sign and date the certificate, and

(b) in the certificate, do one of the following:

(i) if the director admits the youth to the facility, confirm that the director holds the opinion referred to in subsection (1) (c) (ii) and state the reason for holding that opinion;

(ii) if the director does not admit the youth to the facility, state the reason for not admitting the youth.

Advice to youth on admission

52  (1) As soon as reasonably practicable after admitting a youth to a stabilization facility, the director of the facility must do all of the following:

(a) advise the youth

(i) that the youth is detained under this Part, and of the authority and the reason for the detention and the name and location of the facility,

(ii) of the youth's rights as described in subsection (2), and

(iii) of any prescribed matter;

(b) give to the youth a copy of the first stabilization care certificate made in relation to the youth;

(c) advise the youth that the certificate expires 48 hours after it was made.

(2) For the purposes of subsection (1) (a) (ii), the youth must be advised that the youth has all of the following rights:

(a) the rights under section 10 of the Canadian Charter of Rights and Freedoms;

(b) a right to be involved in decisions about the youth's stabilization care, including health care authorized under section 54 (1) (b) [stabilization care] of this Act;

(c) a right to request a review under section 63 [review of second stabilization care certificate] of this Act if a second stabilization care certificate is made for the youth;

(d) a right to receive a discharge letter on discharge from or on leaving the stabilization facility.

(3) Advice under this section must be given orally and in the prescribed form, if any.

(4) If the director is of the opinion that a youth is unable to understand any advice given under this section when the advice is first given, the director must give the advice to the youth again as soon as the director is satisfied that the youth is capable of understanding the advice.

Advice to responsible adult on admission

53  (1) As soon as reasonably practicable after admitting a youth to a stabilization facility, the director of the facility must advise a responsible adult in relation to the youth of the matters referred to in section 52 (1) (a) and (c) and (2) [advice to youth on admission].

(2) Advice under this section must be given in the prescribed form, if any.

Division 3 – Stabilization Care While Admitted

Stabilization care

54  (1) On admitting a youth to a stabilization facility, the director of the facility must provide stabilization care while the youth is detained, as follows:

(a) supervise and maintain the youth;

(b) provide health care to the youth for the purposes of addressing immediate medical needs and managing acute withdrawal symptoms;

(c) assess the youth to determine

(i) whether further health care is advisable in relation to the youth's engagement in severe problematic substance use, and

(ii) what community supports are appropriate to assist the youth in relation to the youth's engagement in severe problematic substance use;

(d) involve the youth, to the extent reasonably practicable, in discussions respecting the following topics:

(i) the youth's engagement in severe problematic substance use;

(ii) the consequences for the youth of continuing to engage in severe problematic substance use;

(iii) the further health care that is advisable and the community supports that are appropriate for the youth;

(e) prepare a discharge plan.

(2) A director who provides stabilization care to a youth

(a) may provide the care without the consent of the youth or any other person,

(b) must, at all times, consider and act in accordance with the youth's best interests, and

(c) must provide the care in accordance with the regulations, if any, made under section 76 [regulations respecting stabilization care].

Limits on stabilization care

55  (1) A director of a stabilization facility must not detain a youth in the facility by use of any chemical, electronic, mechanical, physical or other means to control or restrict the youth's freedom of movement except

(a) as necessary to protect the youth or others from harm, or

(b) to accommodate the youth in a locked ward or other defined area.

(2) A director of a stabilization facility who controls or restricts a youth's freedom of movement for a purpose referred to in subsection (1) (a) or (b) of this section must act in accordance with the regulations, if any, made under section 76 [regulations respecting stabilization care].

(3) A director of a stabilization facility must not begin a course of long-term health care for a youth's engagement in problematic substance use without the youth's consent.

(4) A director of a stabilization facility must not transfer a youth to another stabilization facility.

Discharge plan

56  (1) A director of a stabilization facility must prepare a discharge plan for a youth in accordance with this section and the regulations, if any, made under section 76 [regulations respecting stabilization care].

(2) A discharge plan must be made in writing and state both of the following:

(a) the further health care that is advisable in relation to the youth's engagement in severe problematic substance use;

(b) the community supports that are appropriate to assist the youth in relation to the youth's engagement in severe problematic substance use.

(3) A director who prepares a discharge plan must, to the extent reasonably practicable, do both of the following:

(a) involve the youth in preparing the plan;

(b) review the plan with the youth.

Involvement of service providers

57  (1) For the purposes of providing stabilization care, the director of a stabilization facility may do one or more of the following:

(a) communicate with a service provider to determine whether the service provider

(i) offers health care or community supports that are appropriate for the youth in relation to that youth's engagement in severe problematic substance use, and

(ii) has the capacity to offer health care or community supports to the youth;

(b) schedule appointments with a service provider on the youth's behalf;

(c) authorize a service provider to meet with the youth while the youth is detained in the facility.

(2) A director who acts under this section must, at all times, consider and act in accordance with the youth's best interests.

Conditions for second stabilization care certificate

58  (1) A physician may recommend that a youth who is receiving stabilization care continue to be detained in a stabilization facility by making a second stabilization care certificate in accordance with section 59 [second stabilization care certificate].

(2) A physician may make a recommendation under subsection (1) only if all of the following conditions are met:

(a) the subject of the certificate was a youth when admitted to the public hospital identified in the first stabilization care certificate;

(b) after the first stabilization care certificate was made, the physician examined the youth, or re-examined the youth if the physician was the recommending physician who made the first stabilization care certificate, and is of the opinion that the youth

(i) is engaged in severe problematic substance use, and

(ii) is not stable.

Second stabilization care certificate

59  (1) A second stabilization care certificate may be used for the purposes of continuing a youth's detention in a stabilization facility only if the certificate

(a) is in the prescribed form,

(b) meets the requirements of subsection (2), and

(c) is signed by the recommending physician.

(2) A recommending physician must, in a second stabilization care certificate, include all of the following:

(a) a statement that the certificate is a second stabilization care certificate prepared for the purposes of this Part;

(b) the name of the recommending physician;

(c) the name of the youth who is the subject of the certificate;

(d) the name of the stabilization facility to which the youth is admitted;

(e) the date and time that the certificate was signed;

(f) confirmation that each of the conditions referred to in section 58 (2) [conditions for second stabilization care certificate] is met;

(g) the reason for holding the opinion referred to in section 58 (2) (b).

Conditions for continued detention in stabilization facility

60  (1) On receiving a second stabilization care certificate made for a youth, a director of a stabilization facility may continue to detain the youth in the facility if both of the following conditions are met:

(a) the youth has not

(i) been discharged from the stabilization facility, or

(ii) left the facility with no apparent intention of returning;

(b) the director continues to be of the opinion that

(i) the facility has the capacity to provide stabilization care to the youth, and

(ii) detention in the facility would not be contrary to the best interests of the youth.

(2) On receiving a second stabilization care certificate made for a youth, a director of a stabilization facility must

(a) sign and date the certificate, and

(b) in the certificate, do one of the following:

(i) if the director continues to detain the youth in the facility, confirm that the director holds the opinion referred to in subsection (1) (b) (ii) and state the reason for holding that opinion;

(ii) if the director discharges the youth from the facility, state the reason for discharging the youth.

Advice to youth on continued detention

61  (1) As soon as reasonably practicable after signing a second stabilization care certificate in respect of a youth, the director of the stabilization facility in which the youth is detained must do all of the following:

(a) advise the youth

(i) that the youth continues to be detained under this Part, and of the authority and the reason for the continued detention,

(ii) that the youth has a right to request a review under section 63 [review of second stabilization care certificate], and

(iii) of any prescribed matter;

(b) give to the youth a copy of the certificate;

(c) advise the youth that the certificate expires at 8 p.m. on the fifth day after the date that it was made.

(2) Advice under this section must be given orally and in the prescribed form, if any.

(3) If the director is of the opinion that a youth is unable to understand any advice given under this section when the advice is first given, the director must give the advice to the youth again as soon as the director is satisfied that the youth is capable of understanding the advice.

Advice to responsible adult on continued detention

62  (1) As soon as reasonably practicable after signing a second stabilization care certificate in respect of a youth, the director of the stabilization facility in which the youth is detained must advise a responsible adult in relation to the youth of the matters referred to in section 61 (1) (a) and (c) [advice to youth on continued detention].

(2) Advice under this section must be given in the prescribed form, if any.

Review of second stabilization care certificate

63  (1) In this section:

"certificate conditions" means the following conditions:

(a) that the subject of a review was a youth when admitted to the public hospital identified in the first stabilization care certificate;

(b) that, at the time of a review, the youth is engaged in severe problematic substance use and is not stable;

"independent physician", in relation to a second stabilization care certificate, means a physician other than the recommending physician who made the certificate.

(2) A youth is entitled to a review of a second stabilization care certificate made for the youth under section 59 [second stabilization care certificate] if the request is made

(a) to the director of the stabilization facility identified in the certificate,

(b) by

(i) the youth for whom the certificate was made,

(ii) a responsible adult in relation to the youth, or

(iii) a parent or guardian of the youth who is not a responsible adult in relation to the youth, and

(c) in the prescribed form and manner, if any.

(3) A review must be conducted as follows:

(a) if the director is of the opinion that an independent physician is reasonably available, the director must have the independent physician

(i) examine the youth,

(ii) determine whether the certificate conditions are met, and

(iii) either confirm the second stabilization care certificate if the certificate conditions are met or cancel the certificate if they are not;

(b) if the director is of the opinion that an independent physician is not reasonably available, the director must have the recommending physician

(i) re-examine the youth,

(ii) reconsider whether the certificate conditions are met, and

(iii) either confirm the second stabilization care certificate if the certificate conditions are met or cancel the certificate if they are not.

(4) If a review is not conducted in accordance with subsection (3) within 24 hours after the request is made, the second stabilization care certificate is cancelled.

(5) The director must advise the person who requested the review that the second stabilization care certificate

(a) is confirmed on review, and the reason for its confirmation, or

(b) is cancelled.

(6) A first stabilization care certificate made under section 50 [first stabilization care certificate] may not be reviewed, and a second stabilization care certificate may be reviewed only once.

Division 4 – Discharge from Stabilization Facility

When discharge required

64  (1) The director of a stabilization facility must discharge a person who is admitted to the facility if the director has reason to believe that the person was not a youth at the time the person was admitted to the public hospital named in the first stabilization care certificate made for the person.

(2) Despite any other provision of this Part that would authorize a director of a stabilization facility to admit or detain a youth, the director must discharge a youth who is admitted to the facility if any of the following circumstances apply:

(a) the youth leaves the public hospital named in the first stabilization care certificate made for the youth and does not voluntarily return within an agreed period or, if no period was agreed on, 4 hours;

(b) the first stabilization care certificate made for the youth expires before a second stabilization care certificate is made;

(c) the second stabilization care certificate made for the youth expires or is cancelled under section 63 [review of stabilization care certificate];

(d) a physician advises the director that the youth is stable, if the physician

(i) is employed by or on contract to the public hospital of which the facility is a part, or

(ii) has admitting privileges with respect to the public hospital of which the facility is a part;

(e) the condition referred to in section 51 (1) (c) (ii) [conditions for admission to stabilization facility] or 60 (1) (b) (ii) [conditions for continued detention in stabilization facility], as applicable, is no longer met.

(3) For the purposes of subsection (2) (b) and (c),

(a) a first stabilization care certificate expires 48 hours after it was made, and

(b) a second stabilization care certificate expires at 8 p.m. on the fifth day after the date that it was made.

Temporary continued detention

65  (1) The director may continue to detain a youth who is discharged under section 64 (2) (b) to (e) [when discharge required], but only until one of the following circumstances applies:

(a) the youth is released in accordance with the youth's discharge plan;

(b) a responsible adult in relation to the youth is present at the stabilization facility to accompany the youth on release;

(c) the time is between 8 a.m. and 8 p.m.

(2) For certainty, nothing in subsection (1) prevents the director from permitting a youth to remain in a stabilization facility voluntarily after the youth has been discharged.

Discharge plan requirements

66  (1) Before a youth is discharged from a stabilization facility or leaves the facility with no apparent intention of returning, the director of the facility must make reasonable attempts to give to the youth a copy of the youth's discharge plan.

(2) On request by a youth made before or after the youth is discharged from a stabilization facility or leaves the facility with no intention of returning, the director of the facility must give to the youth, without charge, a discharge letter that

(a) is in the prescribed form, if any,

(b) is prepared in accordance with the regulations, if any, made under section 76 [regulations respecting stabilization care], and

(c) sets out the date that the youth

(i) was admitted to the public hospital identified in the first stabilization care certificate, and

(ii) was discharged from or left the facility, as applicable.

Certificates have no effect after discharge

67  A stabilization care certificate made for a youth before the youth is discharged from a stabilization facility ceases to be effective for the purposes of this Part on the youth's discharge from the facility.

Division 5 – General

Designation of stabilization facilities

68  (1) The minister may, by order, designate as a stabilization facility a ward or other defined area

(a) that is part of a public hospital that has

(i) an emergency department, and

(ii) a psychiatric unit or observation unit within the meaning of Part 1, and

(b) that, in the opinion of the minister, is suitable for providing stabilization care to youth.

(2) For the purposes of subsection (1), the minister may designate a stabilization facility by doing one or more of the following in the order:

(a) naming the public hospital, ward or area;

(b) incorporating by reference all or part of a designation made under section 3 [designation of mental health facilities].

Appointment of and delegation by director

69  (1) A regional health board, the governing body of the Provincial Health Services Authority or another governing body responsible for the operation of a stabilization facility must appoint a person, in writing, as the director of the stabilization facility.

(2) Subject to subsection (3), a director of a stabilization facility may, in writing, delegate to the following persons or a class of the following persons any of the director's powers or duties under this Part:

(a) a person who is employed by or on contract to the public hospital of which the facility is a part;

(b) a physician who has admitting privileges with respect to the public hospital of which the facility is a part.

(3) Unless neither the director nor any other appropriate person is reasonably available to exercise the power, a director of a stabilization facility must not make a delegation as follows:

(a) the power to admit a youth to the facility must not be delegated to the recommending physician who made the first stabilization care certificate on which the admission would be based;

(b) the power to continue a youth's detention in the facility must not be delegated to the recommending physician who made the second stabilization care certificate on which the continued detention would be based;

(c) if a review is requested under section 63 [review of second stabilization care certificate] in relation to a youth, the powers of the director under that section must not be delegated to the recommending physician who

(i) made the first stabilization care certificate on which the youth's admission to the facility was based, or

(ii) made the second stabilization care certificate on which the youth's continued detention in the facility was based.

Examinations and assessments

70  (1) A person conducting an examination or assessment under this Part must

(a) make reasonable efforts to physically examine the youth or have the youth present for the assessment, and

(b) consider any relevant information that is readily available to the person from sources other than the youth.

(2) If a youth refuses to participate, or is incapable of participating, in an examination or assessment under this Part, the person conducting the examination or assessment may base the person's determination solely on the information referred to in subsection (1) (b).

Definitions respecting personal information

71  (1) In this section and sections 72 [authority to collect and disclose personal information] and 73 [limits on collecting and disclosing personal information]:

"hospital staff" means the following:

(a) a director of a stabilization facility;

(b) a person who is employed by or on contract to a public hospital that has a stabilization facility;

(c) a physician who has admitting privileges with respect to a public hospital that has a stabilization facility;

"personal information" means personal information about a youth who has been admitted to

(a) a public hospital emergency department and received a type of health care described under section 49 (2) (d) [conditions for first stabilization care certificate], or

(b) a stabilization facility.

Authority to collect and disclose personal information

72  (1) The authority set out in this section is subject to the limits set out in section 73 [limits on collecting and disclosing personal information].

(2) Hospital staff may collect personal information from, and disclose personal information to, any of the following for the purposes of identifying a responsible adult in relation to a youth, examining or assessing a youth under this Part or providing stabilization care to a youth:

(a) anyone accompanying the youth on admission to the public hospital;

(b) anyone visiting the youth after the youth's admission to the public hospital or before the youth's discharge from the stabilization facility;

(c) a responsible adult in relation to the youth;

(d) other hospital staff of the public hospital;

(e) a health care provider;

(f) a service provider;

(g) a person or body named in the youth's discharge plan;

(h) a person who is not a responsible adult in relation to the youth but who

(i) is a parent or guardian of the youth, or

(ii) intends to accompany the youth on release from detention, if the youth is being released under section 65 (1) (a) [discharge in accordance with discharge plan];

(i) a ministry of the government or a government agent.

(3) Without limiting the authority under subsection (2), the director of a stabilization facility may collect personal information from, and disclose personal information to, any of the following for the purposes of exercising a power or performing a duty of the director under this Part:

(a) a regional health board, the governing body of the Provincial Health Services Authority or another governing body responsible for the operation of a stabilization facility;

(b) a director of another stabilization facility;

(c) a director of a designated facility within the meaning of Part 1;

(d) the board of a public hospital.

Limits on collecting and disclosing personal information

73  A person may collect or disclose personal information under section 72 [authority to collect and disclose personal information] only as follows:

(a) if it would not be contrary to the youth's best interests;

(b) during the period beginning when the youth is admitted to a public hospital in relation to an overdose and ending when

(i) the director refuses to admit a youth to a stabilization facility under section 51 (2) (b) (ii) [conditions for admission to stabilization facility], or

(ii) the youth is discharged from a stabilization facility.

Record-keeping requirements

74  A director of a stabilization facility must keep records in relation to all of the following in accordance with the regulations, if any, made under section 76 [regulations respecting stabilization care]:

(a) the persons responsible for providing stabilization care;

(b) the provision of stabilization care;

(c) the youths who receive stabilization care;

(d) any other prescribed matter.

Offence Act does not apply

75  Section 5 [general offence] of the Offence Act does not apply in respect of this Part or the regulations, if any, made under section 76 [regulations respecting stabilization care].

Regulations respecting stabilization care

76  (1) For the purposes of this Part, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations for the purposes of this Part as follows:

(a) respecting the factors that must be considered in determining the best interests of a youth and requiring that additional factors be considered;

(b) respecting whether a disability is severe for the purposes of section 47 (b) [severe problematic substance use];

(c) prescribing forms for the purposes of this Part;

(d) respecting the information that must be given to a youth on admitting the youth to a stabilization facility;

(e) respecting standards and requirements in relation to

(i) the construction, maintenance and operation of buildings or premises that are stabilization facilities and the furnishings and equipment of these buildings or premises,

(ii) the experience, qualifications and training of the director and persons responsible for providing stabilization care, and

(iii) the provision of stabilization care;

(f) without limiting paragraph (e) (iii), respecting the process of making a discharge plan and the contents of a discharge plan;

(g) respecting the control or restriction of a youth's freedom of movement while detained;

(h) respecting the manner in which a review of a second stabilization care certificate may be requested;

(i) respecting the content of a discharge letter;

(j) respecting the content of records that a director must keep and the periods for which records must be kept.

Part 2 – Consequential Amendments

Child, Family and Community Service Act

SECTION 16: [Child, Family and Community Service Act, section 1] includes stabilization facilities as places of confinement, mirroring the inclusion of mental health facilities.

16 Section 1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended in paragraph (b) of the definition of "place of confinement" by striking out "or psychiatric unit" and substituting ", psychiatric unit or stabilization facility".

Community Care and Assisted Living Act

SECTION 17: [Community Care and Assisted Living Act, section 2] excludes stabilization facilities from the application of the Act, mirroring the exclusion of mental health facilities.

17 Section 2 (h) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended by adding "or stabilization facility" after "a designated facility".

Coroners Act

SECTION 18: [Coroners Act, section 4] requires the person in charge of a stabilization facility to report a death in the facility, mirroring the requirements that apply to persons in charge of mental health facilities.

18 Section 4 of the Coroners Act, S.B.C. 2007, c. 15, is amended by adding the following paragraph:

(a.1) while admitted to a stabilization facility within the meaning of the Mental Health Act, whether or not on the premises or in actual detention, .

Emergency Health Services Act

SECTION 19: [Emergency Health Services Act, section 1] includes health services ancillary to services provided by stabilization facilities as services that may be provided under the Act, mirroring the inclusion of health services ancillary to services provided by mental health facilities.

19 Section 1 of the Emergency Health Services Act, R.S.B.C. 1996, c. 182, is amended in paragraph (b) of the definition of "facility" by adding "or stabilization facility" after "a Provincial mental health facility".

Freedom of Information and Protection of Privacy Act

SECTION 20: [Freedom of Information and Protection of Privacy Act, Schedule 1] includes stabilization facilities as health care bodies for the purposes of the Act, mirroring the inclusion of mental health facilities.

20 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in paragraph (f) of the definition of "health care body" by adding "or stabilization facility" after "a Provincial mental health facility".

Health Authorities Act

SECTION 21: [Health Authorities Act, section 1] includes stabilization facilities as public bodies for the purposes of the Act, mirroring the inclusion of mental health facilities.

21 Section 1 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended in the definition of "public body" by adding the following paragraph:

(d.01) a stabilization facility as defined in section 44 of the Mental Health Act.

SECTION 22: [Health Authorities Act, section 17] provides for the transfer of government-owned stabilization facilities, mirroring the transfer authority that applies to mental health facilities.

22 Section 17 (1) is amended

(a) by striking out "or" at the end of paragraph (b), and

(b) by adding the following paragraph:

(b.1) a stabilization facility as defined in section 44 of the Mental Health Act, or .

Hospital Act

SECTION 23: [Hospital Act, section 15] excludes stabilization facilities from restrictions against representations that imply that care is given, mirroring the exclusion of mental health facilities.

23 Section 15 (1) of the Hospital Act, R.S.B.C. 1996, c. 200, is amended by striking out "as defined in the Mental Health Act" and substituting "or stabilization facility as defined in the Mental Health Act,".

Pharmacy Operations and Drug Scheduling Act

SECTION 24: [Pharmacy Operations and Drug Scheduling Act, section 34] authorizes the Lieutenant Governor in Council to exempt stabilization facilities from all or part of the Act, mirroring the exemption authority that applies to mental health facilities.

24 Section 34 (b) of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003, c. 77, is amended by adding "or stabilization facility" after "a Provincial mental health facility".

Residential Tenancy Act

SECTION 25: [Residential Tenancy Act, section 4] excludes stabilization facilities from the operation of the Act, mirroring the exclusion of mental health facilities.

25 Section 4 (g) (iv) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended by striking out "or a psychiatric unit" and substituting ", a psychiatric unit or a stabilization facility".

Commencement

26  This Act comes into force by regulation of the Lieutenant Governor in Council.


Explanatory Notes

SECTION 1: [Mental Health Act, headings to Part 1 and Division 1 of Part 1] changes a heading, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 2: [Mental Health Act, section 1] changes references and modernizes the language of a definition, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 3: [Mental Health Act, heading to Division 2 of Part 1] changes a heading, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 4: [Mental Health Act, section 2] changes a reference, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 5: [Mental Health Act, section 6] changes references, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 6: [Mental Health Act, section 11] changes a reference, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 7: [Mental Health Act, section 16] changes references, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 8: [Mental Health Act, heading to Division 3 of Part 1] changes a heading, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 9: [Mental Health Act, sections 18, 24.1, 25, 32, 33, 35 and 36] changes references, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 10: [Mental Health Act, sections 37 and 38] changes references, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 11: [Mental Health Act, section 39] changes references, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 12: [Mental Health Act, section 41] changes a reference, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 13: [Mental Health Act, heading to Division 4 of Part 1] changes a heading, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 14: [Mental Health Act, section 43] changes references, consequential to the addition by this Bill of Part 2 to the Act.

SECTION 15: [Mental Health Act, Part 2] adds a new Part that provides for the admission of a youth to, the detention of a youth in and the discharge of a youth from stabilization facilities, for the purpose of providing stabilization care in relation to the youth's engagement in severe problematic substance use.

SECTION 16: [Child, Family and Community Service Act, section 1] includes stabilization facilities as places of confinement, mirroring the inclusion of mental health facilities.

SECTION 17: [Community Care and Assisted Living Act, section 2] excludes stabilization facilities from the application of the Act, mirroring the exclusion of mental health facilities.

SECTION 18: [Coroners Act, section 4] requires the person in charge of a stabilization facility to report a death in the facility, mirroring the requirements that apply to persons in charge of mental health facilities.

SECTION 19: [Emergency Health Services Act, section 1] includes health services ancillary to services provided by stabilization facilities as services that may be provided under the Act, mirroring the inclusion of health services ancillary to services provided by mental health facilities.

SECTION 20: [Freedom of Information and Protection of Privacy Act, Schedule 1] includes stabilization facilities as health care bodies for the purposes of the Act, mirroring the inclusion of mental health facilities.

SECTION 21: [Health Authorities Act, section 1] includes stabilization facilities as public bodies for the purposes of the Act, mirroring the inclusion of mental health facilities.

SECTION 22: [Health Authorities Act, section 17] provides for the transfer of government-owned stabilization facilities, mirroring the transfer authority that applies to mental health facilities.

SECTION 23: [Hospital Act, section 15] excludes stabilization facilities from restrictions against representations that imply that care is given, mirroring the exclusion of mental health facilities.

SECTION 24: [Pharmacy Operations and Drug Scheduling Act, section 34] authorizes the Lieutenant Governor in Council to exempt stabilization facilities from all or part of the Act, mirroring the exemption authority that applies to mental health facilities.

SECTION 25: [Residential Tenancy Act, section 4] excludes stabilization facilities from the operation of the Act, mirroring the exclusion of mental health facilities.