BILL 21 - An Act to Amend the Mental Health Act

BILL 21

An Act to Amend the Mental Health Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 9 of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended by adding after subsection (1) the following:

9(1.1) Where an order for examination is directed to one or more peace officers, the court may, in the order, authorize the peace officer or officers to enter a dwelling described in the order for the purposes of subsection (5), if the judge is satisfied by information on oath or solemn affirmation that the person named or described in the order is or will be present in the dwelling.

9(1.2) An authorization to enter a dwelling granted under subsection (1.1) is subject to the condition that a peace officer to whom the order is directed may not enter the dwelling unless that officer has, immediately before entering the dwelling, reasonable grounds to believe that the person named or described in the order for examination is present in the dwelling.

2 This Act comes into force on a day to be fixed by proclamation.

EXPLANATORY NOTE

Section 1

The existing provision is as follows:

9(1) A person who believes that another person

(a) is suffering from a mental disorder, and

(b) should be examined in the interests of the personís own safety or the safety of others,

may give information on oath or solemn affirmation to a judge of the Provincial Court, and if upon inquiry the judge is satisfied that

(c) the examination is necessary, and

(d) the person refuses to submit to a medical examination,

the judge may issue an order for examination in the prescribed form.

9(2) In every order under this section it shall be stated and shown clearly that the judge issuing the order made due inquiry into all of the facts necessary for the judge to form a satisfactory opinion.

9(3) An order under this section may be directed to all or any peace officers and shall name or otherwise describe the person with respect to whom the order has been made.

9(4) Notwithstanding subsection (3), the order may be directed to the nearest relative of the person subject to the order if the nearest relative so requests.

9(5) An order under this section shall direct, and is sufficient authority for, any person to whom it is directed to take into custody the person named or described in the order and to take that person to a medical facility, physicianís office or psychiatric facility where the person named or described may be detained for medical examination.