BILL NO. 120

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022

Government Bill

Involuntary Psychiatric Treatment Act
(amended)

The Honourable Brian Comer
Minister responsible for the Office of Addictions and Mental Health

First Reading: March 31, 2022

(Explanatory Notes)

Second Reading: April 1, 2022

Third Reading: April 22, 2022 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the purpose of the Involuntary Psychiatric Treatment Act to

(a) emphasize that the principles apply to the interpretation and administration of the Act;

(b) include principles that decisions are based on evidence, persons are treated with consideration of cultural safety and competence and that persons with mental illness are entitled to treatment equal to that of those with other kinds of health issues; and

(c) require that the Act be read and applied in a manner consistent with Canada's obligations under the United Nations Convention on the Rights of Persons with Disabilities.

Clause 2 adds a definition of "clear days".

Clause 3 raises the standard of belief required for a physician to issue a certificate for involuntary assessment.

Clause 4 clarifies a reference to a type of certificate and that it is a physician who determines whether compelling circumstances exist requiring bypassing the normal requirement for a second certificate for involuntary psychiatric assessment.

Clauses 5 and 6 change the standards for judicial orders for a medical examination and for a peace officer to take a person into custody for a medical examination from reasonable and probable grounds that the person is likely to suffer serious physical impairment or serious mental deterioration to reasonable and probable grounds that the person will suffer serious physical impairment or serious mental deterioration.

Clause 7 allows for a shorter period of time than 24 hours to be prescribed within which a person taken into custody for a medical examination must be examined.

Clause 8 allows for regulations respecting circumstances where a peace officer or other authorized individual is not required to remain with the person taken into custody while awaiting a medical examination.

Clause 9

(a) establishes a standard of reasonable and probable grounds for a psychiatrist's opinion in admitting an involuntary patient; and

(b) changes a standard for admitting from "is likely to suffer physical impairment and serious bodily harm" to "will suffer physical impairment and serious bodily harm".

Clause 10 provides additional details and criteria that a psychiatrist must consider when determining a patient's capacity to make admission and treatment decisions.

Clause 11 requires a psychiatrist to complete an individualized treatment plan for any patient involuntarily admitted and that the plan be made available to the patient and the patient's substitute decision-maker.

Clause 12 changes expressions of time to days instead of months.

Clause 13

(a) requires facilities to provide information respecting the patient's rights and how the patient may exercise those rights when a declaration of involuntary admission or a renewal of such is filed; and

(b) requires the chief executive officer to deliver copies of the declaration to the patient and the patient's substitute decision-maker, determine if the patient wishes to be contacted by the patient advisor service and determine whether the patient wishes to consult legal counsel.

Clause 14 changes an expression of time from months to years.

Clause 15 makes consequential changes resulting from amendments to Section 26 of the Act and clarifies that the 21-day period within which an application must be reviewed begins when the Review Board receives the application.

Clause 16

(a) changes expressions of time from months to years and days; and

(b) requires facilities to notify the Review Board when a deemed application for review of an involuntary admission is made as the result of the expiry of a time period.

Clause 17

(a) places a patient's representative at the same level as the patient's guardian when determining who may give or refuse consent on behalf of the patient; and

(b) changes an expression of time from months to years.

Clause 18

(a) establishes the criteria a substitute decision-maker must consider when making a decision in relation to treatment;

(b) establishes procedures a substitute decision-maker must follow to help ascertain the patient's desires;

(c) requires the substitute decision-maker to notify the patient of any significant decisions made on behalf of the patient;

(d) allows for regulations to specify treatments to which a substitute decision-maker may not give consent or may give consent only if special circumstances or conditions are present; and

(e) allows for a substitute decision-maker to receive personal health information of a patient necessary for making decisions respecting that patient's care.

Clause 19 changes a cross-reference to reflect the renumbering of provisions.

Clause 20 clarifies that the Review Board reviews a consent or refusal of consent by a substitute decision-maker upon application of a patient, rather than by request of the patient.

Clauses 21 to 23 change expressions of time from months to days.

Clause 24

(a) sets out the purpose of a community treatment order;

(b) requires a psychiatrist to have reasonable and probable grounds when making an assessment rather than an opinion;

(c) changes a standard for the issuance of a community treatment order from "is likely to suffer physical impairment and serious bodily harm" to "will suffer physical impairment and serious bodily harm";

(d) reduces the requirement for the subject of the treatment order from full capacity to make treatment decisions to capacity to make treatment decisions;

(e) requires notification of a patient and the patient's substitute decision-maker when a community treatment order is issued or renewed;

(f) requires the chief executive officer to deliver copies of the declaration to the patient and the patient's substitute decision-maker, determine if the patient wishes to be contacted by the patient advisor service and if the patient wishes to consult legal counsel; and

(g) states that the issuance of a community treatment order terminates any declaration of involuntary admission respecting that patient.

Clause 25 changes an expression of time from months to days.

Clause 26 restricts the renewal of a community treatment order to situations where the criteria for issuing it still exist and requires the consent of the subject's substitute decision-maker.

Clause 27 changes an expression of time from months to days.

Clause 28 provides that a psychiatrist reissuing a community treatment order after the person subject to the order has failed to comply is treated as a renewal of the order.

Clause 29

(a) changes an expression of time from months to days; and

(b) requires a psychiatrist who issues or renews a community treatment order to notify the Review Board when a deemed application is made as a result of the renewal of the order.

Clause 30 removes the responsibility for assisting patients in identifying alternative decision-making from the patient-advisor service.

Clause 31

(a) provides that a member of the Review Board remains in office until re-appointed, a successor is appointed or the member's appointment is revoked;

(b) clarifies the procedure when a member of the Review Board resigns;

(d) allows for the revocation of the appointments of members of the Review Board without cause or notice.

Clause 32

(a) adds an omitted cross-reference;

(b) requires the Review Board to consider applications to review certificates of leave and the status of substitute decision-makers;

(d) changes an expression of time from months to days;

(e) allows a representative of the patient to initiate a review;

(f) allows the Review Board to adjourn certain matters where the patient refuses to participate or has abandoned the proceeding; and

(g) requires the patient's legal counsel or person appointed on the patient's behalf to be given access to relevant personal health information of the patient.

Clause 33

(a) allows for regulations governing how Review Board hearings are conducted;

(b) clarifies that the 21-day period within which a hearing must begin starts when the application is received by the Review Board;

(c) deems the Review Board to have received an application when the patient delivers the application to the facility to which the patient is admitted; and

(d) requires facilities to immediately forward applications received from patients to the Review Board.

Clause 34 allows the Review Board to hold hearings by video-call or other electronic means.

Clause 35 repeals a definition of "clear days" that has been moved to Section 3 of the Act.

Clause 36 allows the Review Board to appoint someone to act on a patient's behalf only where the patient has not already appointed someone.

Clause 37 allows the Review Board to ignore minor errors in forms and documents.

Clause 38

(a) changes the number of days within which a written decision must be provided by the Review Board from 10 calendar days to six clear days;

(b) allows for the issuance of a community treatment order when the Review Board is reviewing a declaration of involuntary admission or a declaration of renewal; and

Clause 39 expands the regulation-making powers of the Governor in Council.

Clause 40 provides that this Bill comes into force on proclamation.

An Act to Amend Chapter 42
of the Acts of 2005,
the Involuntary Psychiatric Treatment Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 42 of the Acts of 2005, the Involuntary Psychiatric Treatment Act, is amended by

(a) adding (1) immediately after the Section number;

(b) adding ", including the interpretation and administration of this Act," immediately after "health" in the second line of subsection (1);

(i) all persons are treated with consideration of cultural safety and competency;

(j) persons with mental illness are entitled to treatment that is equal to that provided to those with other kinds of health issues and those with other kinds of mental illness.

and

(d) adding immediately after subsection (1) the following subsection:

(2) This Act shall be read and applied in a manner consistent with Canada's accepted obligations under the United Nations Convention on the Rights of Persons with Disabilities.

2 Section 3 of Chapter 42, as amended by Chapter 8 of the Acts of 2008 and Chapter 32 of the Acts of 2014, is further amended by adding immediately after clause (e) the following clause:

(ea) "clear days" does not include a Saturday or a holiday as defined in the Interpretation Act;

3 Section 8 of Chapter 42 is amended by

(a) striking out "is of the opinion" in the second line and substituting "has reasonable and probable grounds to believe"; and

(b) striking out "is likely to" in the first and second lines of subclause (a)(ii) and substituting "will".

4 Subsection 10(2) of Chapter 42 is amended by

(a) striking out "medical certificate" in the first line and substituting "certificate for involuntary psychiatric assessment"; and

(b) adding "the physician determines" immediately after "where" in the third line.

5 Subclause 13(4)(c)(iii) of Chapter 42 is amended by striking out "is likely to" in the first line and substituting "will".

6 Subclause 14(d)(ii) of Chapter 42 is amended by striking out "is likely to" in the first line and substituting "will".

7 Subsection 15(1) of Chapter 42 is amended by adding ", or such shorter period of time as may be prescribed by the regulations," immediately after "hours" in the third line.

8 Subsection 16(2) of Chapter 42 is amended by striking out "The" in the first line and substituting "Subject to the regulations, the".

9 Section 17 of Chapter 42 is amended by

(a) striking out "is of the opinion" in the second line and substituting "has reasonable and probable grounds to believe"; and

(b) striking out "is likely to" in the first line of subclause (c)(ii) and substituting "will".

10 Section 18 of Chapter 42 is repealed and the following Section substituted:

(a) understand information relevant to making a decision; and

(b) appreciate the reasonably foreseeable consequences of making or not making a decision including, for greater certainty, the reasonably foreseeable consequences of the decision to be made.

(2) In determining a patient's capacity to make a treatment decision pursuant to clause 17(e), the psychiatrist shall assess whether the patient has the ability, with or without support, to

(a) understand the nature of the condition for which the specific treatment is proposed;

(b) understand the nature and purpose of the specific treatment;

(d) appreciate the risks and benefits involved in not undergoing the specific treatment.

(3) In determining a patient's capacity to make a treatment decision, the psychiatrist shall also consider whether the patient's mental disorder affects the patient's ability to appreciate the consequences of making the treatment decision.

11 Chapter 42 is further amended by adding immediately after Section 20 the following Section:

(2) A treatment plan must

(a) set out a plan of treatment for the patient;

(b) include any conditions relating to the treatment or care and supervision of the patient; and

(3) The chief executive officer shall ensure that the patient and the patient's substitute decision-maker are promptly provided with a copy of the treatment plan.

12 Section 22 of Chapter 42 is amended by

(a) striking out "one month" in the first line of clause (a) and substituting "thirty days";

(b) striking out "one additional month" in the first line of subclause (b)(i) and substituting "thirty additional days";

(c) striking out "two additional months" in the first line of subclause (b)(ii) and substituting "sixty additional days";

(d) striking out "three additional months" in the first line of subclause (b)(iii) and substituting "ninety additional days"; and

(e) striking out "three additional months" in the first line of subclause (b)(iv) and substituting "ninety additional days".

13 Section 26 of Chapter 42 is repealed and the following Section substituted:

(a) that the patient has been admitted or continued as an involuntary patient or had the patient's status changed to that of an involuntary patient, as the case may be, of the psychiatric facility and the reason or reasons for the admission, renewal or change of status;

(b) the function of the Review Board;

(c) that the patient has the right to apply to the Review Board for a review of the patient's status and the cancellation of the declaration;

(d) how the patient may make an application to the Review Board;

(e) the patient's right to retain and instruct legal counsel without delay;

(f) the steps the patient may follow to obtain free legal counsel;

(g) the function of the patient-advisor service; and

(h) the patient's right to obtain free and timely access to the patient's medical records under the Personal Health Information Act and this Act, and the steps the patient may follow in order to do so.

(2) Where a declaration of involuntary admission or a declaration of renewal is filed, the chief executive officer shall promptly

(a) deliver a copy of the declaration to the patient and the patient's substitute decision-maker;

(b) consult with the patient to determine whether the patient wishes to be contacted by the patient-advisor service, and shall, where the patient wishes to be contacted by the patient-advisor service, notify the patient-advisor service; and

(c) consult with the patient to determine whether the patient wishes to consult legal counsel, and shall, if the patient wishes to consult legal counsel, assist the patient in contacting legal counsel.

14 Subsection 27(2) of Chapter 42 is amended by striking out "twelve months" in the third line of clause (b) and substituting "one year".

15 Subsection 36(1) of Chapter 42 is amended by

(a) striking out "a request" in the first line and substituting "an application";

(b) striking out "clause 26(b)" in the first line and substituting "Section 26"; and

16 Section 37 of Chapter 42 is amended by

(a) adding "(1)" immediately after the Section number;

(b) striking out "sixth, twelfth, eighteenth and twenty-four month" in the first and second lines of clause (b) and substituting "one hundred and eightieth day, first year, first year and one hundred and eightieth day and second year";

(c) striking out "twenty-four months, every twelve months" in the second line of clause (c) and substituting "two years, every year"; and

(d) adding immediately after subsection (1) the following subsection:

(2) Where an application is deemed to be made under subsection (1), the facility to which the patient has been admitted shall immediately notify the Review Board of the deemed application in writing.

17 (1) Subsection 38(1) of Chapter 42, as amended by Chapter 8 of the Acts of 2008, is further amended by adding "or representative" immediately after "guardian" in the first line of clause (b).

(2) Subsection 38(4) of Chapter 42, as amended by Chapter 8 of the Acts of 2008, is further amended by striking out "twelve-month" in the second line of clause (a) and substituting "one-year".

18 Section 39 of Chapter 42 is repealed and the following Sections substituted:

(a) follow any clear and relevant instructions given by the patient while the patient had capacity, including instructions contained in the most recent personal directive made by the patient, unless

(ii) following the patient's instructions would endanger the physical or mental health or safety of the patient or another person;

(b) in the absence of the instructions referred to in clause (a), act in accordance with the patient's current wishes unless to do so would endanger the physical or mental health or safety of the patient or another person;

(c) in the absence of the instructions referred to in clause (a) or the wishes referred to in clause (b), act in accordance with what the substitute decision-maker reasonably believes the wishes of the patient would be, based on what the substitute decision-maker knows of the values and beliefs of the patient; and

(d) in the absence of the instructions referred to in clause (a) or the wishes referred to in clause (b) and, where the substitute decision-maker is not able to determine in accordance with clause (c) what the wishes of the patient would be, act in the manner that the substitute decision-maker reasonably believes would best promote and protect the patient's best interests.

(2) When the substitute decision-maker is attempting to ascertain the patient's instructions, wishes, values and beliefs in order to make a decision, the substitute decision-maker shall

(a) consult with the patient;

(b) advise the patient of the options that are reasonably and practically available;

(d) make reasonable efforts to consult with any persons who the substitute decision-maker has reason to believe may be familiar with the patient's instructions, wishes, values and beliefs.

(3) The substitute decision-maker shall inform the patient of any significant decision, including a decision to give or refuse consent to treatment, made by the substitute decision-maker on the patient's behalf.

(4) Notwithstanding subsections (1) to (3), a substitute decision-maker may not give consent on behalf of an involuntary patient or a patient on a community treatment order to

(a) any treatment prescribed in the regulations as one to which a substitute decision-maker may not give consent; or

(b) any treatment prescribed in the regulations as one to which a substitute decision-maker may only give consent in certain circumstances or under certain conditions if the circumstances are not present or conditions are not satisfied.

39A Notwithstanding the Personal Health Information Act,

(a) a substitute decision-maker may access, use and disclose personal health information about the patient; and

(b) a custodian under the Personal Health Information Act shall disclose personal health information to the substitute decision-maker,

only to the extent the personal health information is relevant to a decision that the substitute decision-maker is required to make under this Act, and the access, use or disclosure is necessary for the purpose of making the decision.

19 Section 40 of Chapter 42 is amended by striking out "39(b)" in the second line and substituting "39(1)(d)".

20 Subsection 42(1) of Chapter 42 is amended by striking out "requested to do so by" in the third line and substituting "upon application of".

21 Subsection 43(1) of Chapter 42 is amended by striking out "six months" in the third line and substituting "one hundred eighty days".

22 Subsection 44(2) of Chapter 42 is amended by striking out "one month" in the second line and substituting "thirty days".

23 Subsection 46(2) of Chapter 42 is amended by striking out "one month" in the first and second lines and substituting "thirty days".

24 (1) Section 47 of Chapter 42 is amended by adding immediately after subsection (1) the following subsection:

(1A) The purpose of a community treatment order is to provide a person who suffers from a serious mental disorder with a comprehensive plan of community-based treatment or care and supervision that is less restrictive than being detained in a psychiatric facility, in order to reduce or prevent a pattern whereby the person is admitted to a psychiatric facility where the person's condition may be stabilized, but after being released from the facility, the person's condition changes such that the person must be re-admitted to a psychiatric facility.

(2) Subsection 47(3) of Chapter 42 is amended by

(a) striking out "is of the opinion" in the sixth line of clause (a) and substituting "has reasonable and probable grounds to believe";

(b) striking out "is likely to" in the first line of paragraph (a)(ii)(B) and substituting "will"; and

(3) Subsection 47(5) of Chapter 42 is repealed and the following subsections substituted:

(a) that the patient has been made subject to the community treatment order or that the order has been renewed, and the reason or reasons for the order;

(b) the function of the Review Board;

(c) that the patient has the right to apply to the Review Board for a review of the patient's status and the cancellation of the order;

(d) how the patient may make an application to the Review Board;

(e) the patient's right to retain and instruct legal counsel without delay;

(f) the steps the patient may follow to obtain free legal counsel;

(g) the function of the patient-advisor service; and

(6) Where a community treatment order is issued or renewed, the psychiatrist who issued or renewed the order shall promptly

(a) deliver a copy of the order to the patient, the patient's substitute decision-maker, the chief executive officer, and any other health practitioner or other person who has obligations under the community treatment plan;

(b) consult with the patient to determine if the patient wishes to be contacted by the patient-advisor service, and shall, where the patient wishes to be contacted by the patient-advisor service, notify the patient-advisor service;

(c) consult with the patient to determine if the patient wishes to consult legal counsel, and shall, where the patient wishes to consult legal counsel, assist the patient in contacting legal counsel.

(7) For greater certainty, the issuance of a community treatment order terminates any existing declaration of involuntary admission respecting the person named in the community treatment order.

25 Section 51 of Chapter 42 is amended by striking out "six months" in the first line and substituting "one hundred eighty days".

26 Subsection 52(1) of Chapter 42 is repealed and the following subsection substituted:

(a) the community treatment order has demonstrated efficacy;

(b) the criteria listed in clause 47(3)(a) continue to exist; and

27 Subsection 55(2) of Chapter 42 is amended by striking out "three months" in the second line and substituting "ninety days".

28 Section 56 of Chapter 42 is amended by adding immediately after subsection (3) the following subsection:

(4) A community treatment order issued under clause (3)(b) is deemed to be a renewal of the community treatment order referred to in subsection (1).

29 (1) Subsection 58(3) of Chapter 42 is amended by striking out "month" in the fourth line and substituting "thirty days".

(2) Section 58 of Chapter 42 is further amended by adding immediately after subsection (3) the following subsection:

(4) A psychiatrist who issues or renews a community treatment order or a psychiatrist appointed under subsection 53(2) shall notify the Review Board in writing immediately upon a deemed application being made pursuant to subsection (3).

30 Subsection 61(2) of Chapter 42 is amended by

(a) adding "and" at the end of clause (g); and

(b) striking out clause (h).

31 (1) Section 65 of Chapter 42 is amended by adding immediately after subsection (3) the following subsection:

(3A) A member of the Review Board whose term of office expires continues to hold office until the member is re-appointed, a successor is appointed or the appointment of the member is revoked.

(2) Section 65 of Chapter 42 is further amended by adding immediately after subsection (4) the following subsection:

(4A) A member of the Review Board may resign the member's appointment by providing notice in writing to the Chair of the Review Board.

(3) Section 65 of Chapter 42 is further amended by adding immediately after subsection (5) the following subsections:

(7) The Vice-chair of the Review Board may act as Chair of the Review Board if the Chair is unable to act or has ceased to hold office for any reason.

32 (1) Subsection 68(1) of Chapter 42 is amended by

(a) adding "and subsection 58(3)" immediately after "37" in the second line;

(b) striking out "or" at the end of clause (d); and

(f) the status of a substitute decision-maker referred to in clauses 38(1)(c) to (g).

(2) Subsection 68(3) of Chapter 42 is amended by

(a) striking out "request" in the second line and substituting "application"; and

(b) by striking out "three months" in the second and third lines and substituting "ninety days".

(3) Subsection 68(4) of Chapter 42 is amended by

(a) striking out "A request" in the first line and substituting "An application"; and

(b) adding "or representative" immediately after "guardian" in the first line of clause (c).

(4) Section 68 of Chapter 42 is further amended by adding immediately after subsection (5) the following subsections:

(7) As soon as possible after an application or deemed application is made, and prior to any hearing by the Review Board, the patient, the patient's legal counsel and any person appointed under subsection 71(2) must be given access to all personal health information about the patient that is relevant to the application, except for personal health information that the facility is entitled to refuse pursuant to Section 72 of the Personal Health Information Act.

33 (1) Subsection 69(1) of Chapter 42 is amended by striking out "The" in the first line and substituting "Subject to the regulations, the".

(2) Subsection 69(2) of Chapter 42 is amended by

(a) adding "by the Review Board" immediately after "received" in the second line; and

(b) striking out "calendar" in the second line.

(3) Section 69 of Chapter 42 is further amended by adding immediately after subsection (2) the following subsections:

(2B) When a facility receives an application from a patient, the facility shall immediately forward the application to the Review Board.

34 Chapter 42 is further amended by adding immediately after Section 69 the following Section:

69A Subject to subsection 69(1) and the regulations, the Review Board may hold hearings by means of synchronous telecommunication, video-conferencing or other electronic medium.

35 Subsection 70(1) of Chapter 42 is repealed.

36 Subsection 71(2) of Chapter 42 is repealed and the following subsection substituted:

(2) Subject to the regulations, where the patient is unable or unwilling to attend a hearing before the Review Board, or where the Review Board determines that the patient is not capable of effectively representing the patient's interests in a hearing before the Review Board, and the patient has not appointed someone to act on the patient's behalf, the Review Board shall appoint a person to attend the hearing and act on behalf of the patient, or represent the patient's interests, and where necessary, to instruct legal counsel for that purpose, subject to such conditions as the Review Board may require.

37 Section 74 of Chapter 42 is amended by adding immediately after subsection (2) the following subsection:

(3) Provided that no party is prejudiced thereby, the Review Board may disregard trivial, minor or insubstantial errors in forms or other documents.

38 (1) Subsection 76(1) of Chapter 42 is amended by

(a) striking out "ten" in the first line and substituting "six clear"; and

(b) striking out "person requesting the review" in the first line of clause (a) and substituting "applicant".

(2) Subsection 76(2) of Chapter 42 is amended by

(a) striking out clause (a) and substituting the following clause:

(ii) where the Review Board is satisfied that the criteria set out in clause 47(3)(a) exist, require the chief executive officer to cause the issuance of a community treatment order in accordance with clauses 47(3)(d), (e), (f), (h) and (i) and subsections 47(5) and (6), within a reasonable time, and a community treatment order issued pursuant to this subclause is deemed to be a community treatment order made under Section 47 for all purposes under this Act;

and

(b) striking out clause (c) and substituting the following clause:

(c) where the application is to review whether a substitute decision-maker made a capable informed consent, or the status of a substitute decision-maker referred to in clauses 38(1)(c) to (g), the Review Board may appoint another person to be the patient's substitute decision-maker or may refuse to do so;

39 Subsection 83(1) of Chapter 42 is amended by

(a) adding immediately after clause (c) the following clauses:

(cb) respecting circumstances during a medical examination under Section 16 in which a peace officer or other authorized individual is required or not required to remain at the place of a medical examination or retain custody of the person examined;

(cc) respecting requirements for treatment plans made under Section 20A;

(cd) prescribing treatments to which a substitute decision-maker may not give consent for the purpose of clause 39(4)(a);

(ce) prescribing treatments to which a substitute decision-maker may give consent only in certain circumstances or under certain conditions for the purpose of clause 39(4)(b);

(cf) establishing the circumstances and conditions under which a substitute decision-maker may give consent to a treatment prescribed under clause (ce);

and

(b) adding immediately after clause (g) the following clauses:

(gb) prescribing procedures, conditions and requirements for hearings which are not full oral hearings;

(gc) respecting the circumstances or conditions under which hearings may be held by means of synchronous telecommunication, video-conferencing or other electronic medium;

(gd) respecting rules, conditions or requirements for hearings held by means of synchronous telecommunication, video-conferencing or other electronic medium;

(ge) respecting the circumstances or conditions under which examinations and assessments may be held by means of synchronous telecommunication, video-conferencing or other electronic medium;

(gf) respecting standards and conditions for examinations and assessments held by means of synchronous telecommunication, video-conferencing or other electronic medium;

(gg) respecting the appointment of a person to attend a hearing and act on behalf of a patient, or represent the patient's interests under subsection 71(2);

(gh) prescribing standards and conditions for the assessment of a person's capacity to make decisions for purposes of this Act;

40 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created April 22, 2022. Send comments to legc.office@novascotia.ca.

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BILL NO. 120

(as introduced)

Involuntary Psychiatric Treatment Act (amended)

Explanatory Notes

An Act to Amend Chapter 42 of the Acts of 2005, the Involuntary Psychiatric Treatment Act

More Information

Involuntary Psychiatric Treatment Act
(amended)

An Act to Amend Chapter 42
of the Acts of 2005,
the Involuntary Psychiatric Treatment Act