Section 1 definitions of "father" and "mother" BEFORE repealed by 2011-25-409(a), effective November 24, 2011 (Royal Assent).

"father" includes the husband of the mother of a person with a mental disorder;

"mother" includes the wife of the father of a person with a mental disorder;

  Section 1 definition of "near relative" BEFORE amended by 2011-25-409(b), effective November 24, 2011 (Royal Assent).

"near relative" means a grandfather, grandmother, father, mother, son, daughter, husband, wife, brother, sister, half brother or half sister, friend, caregiver or companion designated by patient and includes the legal guardian of a minor and a representative under an agreement made under the Representation Agreement Act and a committee having custody of the person of a patient under the Patients Property Act;

  Section 1 definition of "parent" was added by 2011-25-409(c), effective November 24, 2011 (Royal Assent).

  Section 1 definition of "society" BEFORE amended by 2015-18-329, effective November 28, 2016 (BC Reg 216/2015).

"society" means a society incorporated or registered under the Society Act to establish or operate facilities or services designed for the mental welfare of residents of British Columbia;

  Section 5 (1) (b) BEFORE amended by 2002-75-55(b), effective May 14, 2004 (BC Reg 217/2004).

(b) any community care facility licensed under the Community Care Facility Act.

  Section 16 (g) BEFORE repealed by 2004-45-116, effective April 4, 2005 (BC Reg 132/2005).

(g) making a determination under section 25 (1) as a member of a review panel;

  Section 16 (b.1), (b.2) and (c) BEFORE amended by 2011-24-9, effective February 1, 2023 (BC Reg 17/2023).

(b.1) if the person is the director, admitting a patient to the designated facility under section 20 (1) (a) (ii) on the basis of a physician's opinion or continuing the admission and treatment of the patient on the basis of a report made under section 20 (4);

(b.2) if the person is the director, admitting a patient to the designated facility and detaining the patient on the authority of a medical certificate or a warrant or report or determination made under section 24 or 25;

(c) signing a medical certificate or making a report if the person is a physician;

  Section 18 (b) BEFORE amended by 2023-10-582, effective March 30, 2023 (Royal Assent).

(b) in the opinion of the director or person who has authority to admit persons to the Provincial mental health facility, the person is not a person with a mental disorder or is a person who, because of the nature of his or her mental disorder, could not be cared for or treated appropriately in the facility.

  Section 20 (1) (b) BEFORE amended by 2011-24-10, effective February 1, 2023 (BC Reg 17/2023).

(b) if the director is satisfied that the person has been examined by a physician who is of the opinion that the person is a person with a mental disorder.

  Section 22 (1) to (3) BEFORE amended by 2011-24-11(a), (b) and (d), effective February 1, 2023 (BC Reg 17/2023).

(1) The director of a designated facility may admit a person to the designated facility and detain the person for up to 48 hours for examination and treatment on receiving one medical certificate respecting the person completed by a physician in accordance with subsections (3) and (4).

(2) On receipt by the director of a second medical certificate completed by another physician in accordance with subsections (3) and (5) respecting the patient admitted under subsection (1), the detention and treatment of that patient may be continued beyond the 48 hour period referred to in subsection (1).

(3) Each medical certificate under this section must be completed by a physician who has examined the person to be admitted, or the patient admitted, under subsection (1) and must set out

(a) a statement by the physician that the physician

(i) has examined the person or patient on the date or dates set out, and

(ii) is of the opinion that the person or patient is a person with a mental disorder,

(b) the reasons in summary form for the opinion, and

(c) a statement, separate from that under paragraph (a), by the physician that the physician is of the opinion that the person to be admitted, or the patient admitted, under subsection (1)

(i) requires treatment in or through a designated facility,

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

(iii) cannot suitably be admitted as a voluntary patient.

  Section 22 (2.1) was added by 2011-24-11(c), effective February 1, 2023 (BC Reg 17/2023).

  Section 24.1 was enacted by 2004-45-117, effective April 4, 2005 (BC Reg 132/2005).

  Section 24.1 (part) BEFORE amended by 2015-10-138, effective December 18, 2015 (BC Reg 240/2015).

(1) The minister may establish a board consisting of the following members appointed after a merit based process:

  Section 24.1 (3) (a) and (c) BEFORE amended by 2018-36-6, effective October 31, 2018 (Royal Assent).

(a) a medical practitioner,

(c) a person who is not a medical practitioner or a lawyer.

  Section 24.2 was enacted by 2004-45-117, effective April 4, 2005 (BC Reg 132/2005).

  Section 24.2 BEFORE amended by 2007-14-46, effective October 18, 2007 (BC Reg 311/2007).

  Section 24.2 BEFORE re-enacted by 2015-10-139, effective December 18, 2015 (BC Reg 240/2015).

  Section 24.3 was enacted by 2004-45-117, effective July 8, 2004 (BC Reg 314/2004).

  Section 25 (2.2) was added by 2003-47-45(b), effective February 13, 2004 (BC Reg 45/2004).

  Section 25 (1.1) BEFORE amended by 2004-45-118(a), effective April 4, 2005 (BC Reg 132/2005).

(1.1)  If a patient has been on leave or transferred to an approved home under section 37 or 38 for 12 or more consecutive months and a hearing under this section has not been requested or held within that period, a chair appointed under subsection (7) must review the patient's treatment record and, if satisfied from this record that there is a reasonable likelihood that the patient would be discharged following a hearing under this section, must order that a hearing under this section be held.

  Section 25 (2.3) to (2.9) were added by 2004-45-118(b), effective April 4, 2005 (BC Reg 132/2005).

  Section 25 (3) (part) BEFORE amended by 2004-45-118(c), effective April 4, 2005 (BC Reg 132/2005).

(3)  A chair appointed under subsection (7) may shorten the time period in subsection (1) (c) if

  Section 25 (4) BEFORE repealed by 2004-45-118(d), effective April 4, 2005 (BC Reg 132/2005).

(4)  A patient must not be discharged until the results of the hearing are made known to the patient and then only if the results of the hearing indicate that the patient should be discharged.

  Section 25 (5) to (8) BEFORE repealed by 2004-45-118(d), effective April 4, 2005 (BC Reg 132/2005).

(5)  For the purposes of a hearing under subsection (1), a review panel consists of the following persons:

(a) a chair;

(b) a physician appointed by the designated facility in or through which the patient is receiving treatment;

(c) a person, other than the patient or a member of the patient's family, who is appointed by the patient.

(6)  If the patient does not appoint a person under subsection (5) (c), the director may appoint a person who, in the director's opinion, has knowledge of the circumstances of the patient.

(7)  The minister must appoint one or more persons as chair under subsection (5) (a) for the purpose of

(a) conducting hearings as and when they may be required under subsection (1), and

(b) making decisions as and when they may be required under subsection (3).

(8)  The minister may reimburse a person appointed under subsection (5), (6) or (7) for reasonable travelling or out of pocket expenses necessarily incurred by the person in discharging duties under this section, and, in addition, may pay the person the remuneration for the person's services the minister may determine.

  Section 25 (9) was added by 2004-45-118(d), effective April 4, 2005 (BC Reg 132/2005).

  Section 25 (2.4) BEFORE amended by 2023-10-583, effective March 30, 2023 (Royal Assent).

(2.4) A person who satisfies the review panel that he or she has a material interest in or knowledge of matters relevant to the hearing may give evidence or make submissions at the hearing.

  Section 25.1 was enacted by 2004-45-119, effective April 4, 2005 (BC Reg 132/2005).

  Section 28 (1), (2) and (6) BEFORE amended by 2011-24-12, effective February 1, 2023 (BC Reg 17/2023).

(1) A police officer or constable may apprehend and immediately take a person to a physician for examination if satisfied from personal observations, or information received, that the person

(a) is acting in a manner likely to endanger that person's own safety or the safety of others, and

(b) is apparently a person with a mental disorder.

(2) A person apprehended under subsection (1) must be released if a physician does not complete a medical certificate in accordance with section 22 (3) and (4).

(6) On being admitted as described in subsection (5), a patient must be discharged at the end of 48 hours detention unless the director receives 2 medical certificates as described in section 22 (3).

  Section 29 (1) BEFORE amended by 2003-85-64(a), effective April 1, 2004 (BC Reg 139/2004).

(1)  The Lieutenant Governor in Council, on receiving 2 medical certificates completed in accordance with section 22 concerning the mental condition of a person imprisoned or detained in a correctional centre or youth custody centre under the Correction Act or a prison or lockup operated by a police force or police department, or by a designated policing unit or designated law enforcement unit as those terms are defined in section 1 of the Police Act, may order the removal of the person to a Provincial mental health facility.

  Section 29 (4) BEFORE amended by 2003-85-64(b), effective April 1, 2004 (BC Reg 139/2004).

(4)  On receiving 2 medical certificates in accordance with section 22 concerning the mental condition of a person imprisoned or detained in a correctional centre, a youth custody centre under the Correction Act or a prison or lockup operated by a police force or police department, or by a designated policing unit or designated law enforcement unit as those terms are defined in section 1 of the Police Act, the person in charge of the correctional centre, youth custody centre, prison or lockup may authorize the transfer of the person to a Provincial mental health facility.

  Section 29 (1) (c) BEFORE amended by 2024-16-159, effective May 1, 2025 (BC Reg 48/2025).

(c) a prison or lockup operated by a police force or police department or by a designated policing unit or designated law enforcement unit, as those terms are defined in section 1 of the Police Act,

  Section 29 (4) (c) BEFORE amended by 2024-16-159, effective May 1, 2025 (BC Reg 48/2025).

(c) a prison or lockup operated by a police force or police department or by a designated policing unit or designated law enforcement unit, as those terms are defined in section 1 of the Police Act,