P-41 - Mental Patients Protection Act

Updated to 1 April 1999

This document has official status.

chapter P-41

Mental Patients Protection Act

Chapter P-41 is replaced by the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001). (1997, c. 75, s. 25).

1997, c. 75, s. 25.

DIVISION I DEFINITIONS

1. In this Act and the regulations, unless the context indicates a different meaning, the following words and expressions mean:

(a)  “institution” : an institution governed by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5);

(b)  “hospital centre” : a hospital within the meaning of the Act respecting health services and social services or a hospital centre within the meaning of the Act respecting health services and social services for Cree Native persons which has the necessary organization and resources to admit and treat persons suffering from mental disorders;

(c)  “local community service centre” : a local community service centre within the meaning of the Act respecting health services and social services or within the meaning of the Act respecting health services and social services for Cree Native persons which has the necessary organization and resources to admit and treat persons suffering from mental disorders;

(c.1)  “reception centre” : a reception centre within the meaning of the Act respecting health services and social services for Cree Native persons;

(c.2)  “residential and long-term care centre” : a residential and long-term care centre within the meaning of the Act respecting health services and social services;

(c.3)  “rehabilitation centre” : a rehabilitation centre within the meaning of the Act respecting health services and social services;

(c.4)  “medical record” : the user’s record contemplated by Chapter II of Title II of Part I of the Act respecting health services and social services or the beneficiary’s record contemplated by the first paragraph of section 7 of the Act respecting health services and social services for Cree Native persons;

(d)  “psychiatric establishment for detained persons” : any establishment contemplated in section 33;

(e)  “house of detention” : a house of detention within the meaning of the Act respecting correctional services (chapter S-4.01);

(f)  “psychiatric clinical examination” : an examination held to determine if the state of mental health of a person requires that he be placed under close treatment;

(g)  “psychiatrist” : a physician holding a specialist’s certificate in psychiatry in force issued by The Ordre des médecins du Québec;

(h)  (paragraph repealed);

(i)  “regulation” : any regulation made under this Act by the Government;

(j)  “Minister” : the Minister of Health and Social Services.

1972, c. 44, s. 1; 1973, c. 46, s. 49; 1974, c. 39, s. 57; 1977, c. 5, s. 14; 1985, c. 23, s. 24; 1991, c. 43, s. 22; 1992, c. 21, s. 260, s. 375; 1994, c. 23, s. 23; 1997, c. 43, s. 467.

DIVISION II EXAMINATION AND CLOSE TREATMENT

2. Every institution must take the necessary measures, within the limitations of its organization and means, to have made without delay a psychiatric clinical examination on any person showing signs of mental disorders likely to endanger the health or security of that person or the health or security of others.

If the institution is unable to provide such examination because of its organization or means, it shall send such person to an institution operating a hospital centre or local community service centre.

1972, c. 44, s. 2; 1992, c. 21, s. 261, s. 375.

3. A clinical psychiatric examination must be made by a psychiatrist who is not related or allied to the person examined; however, a physician may make such examination if he is not related or allied to such person when, by reason of urgency, distance and other circumstances, no psychiatrist is available in the region where such person resides.

1972, c. 44, s. 3.

4. The examination under section 2 may be required from an institution operating a hospital centre or a local community service centre on behalf of the person showing signs of mental disorders, by any physician entitled by law to practise his profession in Québec.

1972, c. 44, s. 4; 1992, c. 21, s. 262.

5. When a person is detained in a house of detention, such services must be required from a psychiatric establishment for detained persons by a physician whose examination is required by such house of detention, unless such physician believes that public safety is not endangered if such examination is required from an institution operating a hospital centre and the administrator of the house of detention shares such opinion.

1972, c. 44, s. 5; 1992, c. 21, s. 263.

6. Every judge before whom appears a person showing signs of mental disorder likely to make the latter unfit to stand trial shall require such examination from an institution operating a hospital centre or local community service centre.

1972, c. 44, s. 6; 1992, c. 21, s. 264.

7. The psychiatric clinical examination must as far as possible be made within twenty-four hours after request therefor and be followed by a written report signed by the person who made the examination and stating whether or not close treatment is necessary.

1972, c. 44, s. 7.

8. The report contemplated in section 7 must relate to the fitness of the person examined to stand trial if the examination is made therefor.

It must mention, in all cases, the ability of the person to take care of himself or to administer his property.

1972, c. 44, s. 8; 1989, c. 54, s. 181.

9. If the psychiatric clinical examination has not been made within an institution operating a hospital centre and the report contemplated by section 7 concludes that close treatment is necessary or that the person concerned is unable to take care of himself or to administer his property, the psychiatrist or physician who has submitted such report must send a copy thereof to the institution which operates a hospital centre and holds the medical record of the patient examined or, where there is no such institution, to the institution which operates a hospital centre and whose head office is the nearest.

No person shall take cognizance of such a report unless authorized to do so by law.

1972, c. 44, s. 9; 1989, c. 54, s. 182; 1992, c. 21, s. 265.

10. The director of professional services of every institution operating a hospital centre where a psychiatric clinical examination is made must, every time a report referred to in section 7 concludes that the person contemplated by such report is unable to take care of himself or to administer his property, report it to the Public Curator and transmit a copy of such report to the person having undergone the examination. The director has the same obligation where the same conclusion is reached in the report referred to in section 9. A physician practising in the hospital centre operated by the said institution may also fulfil such duties.

The director or physician shall observe the rules established in articles 332.2 and 332.3 of the Civil Code of Lower Canada.

1972, c. 44, s. 10; 1974, c. 71, s. 18; 1974, c. 39, s. 71; 1989, c. 54, s. 183; 1992, c. 21, s. 266.

11. No person shall be admitted to close treatment unless his mental condition might endanger his health or security or the health or security of others.

1972, c. 44, s. 11.

12. No institution operating a hospital centre may admit a person for close treatment unless he has had a psychiatric clinical examination, unless the report contemplated by section 7 shows the necessity of close treatment and unless such report has been confirmed by the report of another psychiatrist after a psychiatric clinical examination performed by such psychiatrist.

An institution may however admit such person for close treatment of not more than ninety-six hours when a second psychiatrist has not confirmed the report of the first.

1972, c. 44, s. 12; 1992, c. 21, s. 267.

13. If a person refuses to undergo a clinical psychiatric examination required in his respect under section 4 or 5 or to confinement or close treatment as recommended in a report made under section 7, the judge may order him to undergo that examination or confinement or close treatment in accordance with the rules prescribed in the Code of Civil Procedure (chapter C-25).

Such an order may be issued against the tutor, curator or legal guardian of such person if the refusal comes from such tutor, curator or guardian.

The judge contemplated in section 6 may issue such an order respecting any person mentioned in such section who refuses to have the psychiatric clinical examination required by such judge.

1972, c. 44, s. 13; 1977, c. 20, s. 138; 1988, c. 21, s. 121; 1992, c. 57, s. 672.

14. (Repealed).

1972, c. 44, s. 14; 1992, c. 57, s. 673.

15. (Repealed).

1972, c. 44, s. 15; 1992, c. 57, s. 673.

16. (Repealed).

1972, c. 44, s. 16; 1992, c. 57, s. 673.

17. (Repealed).

1972, c. 44, s. 17; 1974, c. 43, s. 1; 1992, c. 57, s. 673.

18. (Repealed).

1972, c. 44, s. 18; 1992, c. 21, s. 268; 1992, c. 57, s. 673.

19. (Repealed).

1972, c. 44, s. 19; 1992, c. 57, s. 673.

20. (Repealed).

1972, c. 44, s. 20; 1974, c. 39, s. 58; 1992, c. 57, s. 673.

21. The director of professional services of an institution which operates a hospital centre or, in his absence, any physician practising in that centre may admit temporarily to a facility maintained by that institution a person not having undergone a psychiatric clinical examination, if he considers that the mental state of such person poses a serious and immediate threat for such person or others.

Such a person shall not be kept for more than 48 hours without his consent or the court’s authorization.

1972, c. 44, s. 21; 1974, c. 43, s. 2; 1992, c. 21, s. 269; 1992, c. 57, s. 674.

22. Any person under close treatment in a facility maintained by an institution which operates a hospital centre may be transferred to a facility maintained by an institution which operates a residential and long-term care centre, a rehabilitation centre or a reception centre to continue or terminate therein his close treatment if the physician treating that person attests by a certificate which he issues for that purpose that such measure does not endanger the health or safety of the person or of others.

The certificate must designate the institution whereto such person is to be transferred and specify the period during which he must remain in a facility maintained by that institution, at the end of which period the person is to return to the facility maintained by the institution operating the hospital centre.

1972, c. 44, s. 22; 1992, c. 21, s. 270.

23. No institution operating a hospital centre may keep a person under close treatment for more than twenty-one days after his admission without a new psychiatric clinical examination confirming the necessity to prolong such close treatment.

Such examination must be made again three months after the first and, subsequently, at least every six months, in default of which the close treatment of such person must end.

1972, c. 44, s. 23; 1992, c. 21, s. 271.

24. A person shall cease to be under close treatment when:

(a)  he is discharged by the institution where he is being kept on the recommendation of a psychiatrist by a certificate issued by the latter for that purpose;

(b)  his discharge is ordered by a final judgment of a competent court or by the decision of the Administrative Tribunal of Québec.

1972, c. 44, s. 24; 1974, c. 39, s. 59; 1992, c. 21, s. 272, s. 375; 1997, c. 43, s. 468.

25. In the case of a person ceasing to be in close treatment without having served the term of imprisonment that he must serve in a house of detention, prison, penitentiary or house of correction, the institution which operates the hospital centre and which discharges him must take the necessary measures to place him in the custody of such house of detention, prison, penitentiary or house of correction.

1972, c. 44, s. 25; 1992, c. 21, s. 273.

26. The director of professional services of any institution which operates a hospital centre and has admitted a person for close treatment may order such person transferred to the facility maintained by another institution operating a hospital centre in Québec or with the authorization of the Minister, outside Québec, if in their opinion such measure will not hinder the progress of the mental condition of such person.

1972, c. 44, s. 26; 1992, c. 21, s. 274.

DIVISION III RIGHTS OF PERSONS UNDER CLOSE TREATMENT

27. Every institution which has admitted a person for close treatment must inform such person in writing, in accordance with the regulations, of the rights and recourses granted to him by this act; it must also inform him in writing that his close treatment has terminated as soon as it is ended.

1972, c. 44, s. 27; 1974, c. 43, s. 3; 1992, c. 21, s. 275.

28. Notwithstanding the first paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), every physician treating a person under close treatment must notify the family of such person or the persons taking care of him, of the arrangements made about him and the measures likely to hasten his recovery. The physician must further notify the person under close treatment unless his mental condition precludes use of such information or if it would be harmful to such person to have knowledge of his condition.

1972, c. 44, s. 28; 1987, c. 68, s. 99.

29. Every holder of a function, office or employment with an institution shall, when a patient under close treatment hands to him a writing addressed to an advocate, notary or physician, the Public Curator, the Administrative Tribunal of Québec, one of its members, a member of the National Assembly or the Public Protector, send such writing immediately to its addressee without taking cognizance of its contents.

The same applies to any writing sent to a patient under close treatment by one of the persons enumerated in the first paragraph.

1972, c. 44, s. 29; 1992, c. 21, s. 276; 1997, c. 43, s. 469.

30. Subject to decisions rendered under articles 26 to 30 of the Civil Code of Québec, every person who is dissatisfied with a decision rendered under this Act respecting him or respecting anyone related or allied to him, may contest the decision before the Administrative Tribunal of Québec within 60 days of notification of the decision. The tutor, curator or person having legal custody of the person who is the subject of the decision may also contest the decision.

1972, c. 44, s. 46; 1992, c. 57, s. 675; 1997, c. 43, s. 470.

31. The institution which has admitted a person for close treatment for 30 days shall without delay send a notice to the Administrative Tribunal of Québec giving the name of the person and the date of the commencement of his close treatment.

If the close treatment is continued for six months, the institution shall send a new notice to the Tribunal. It must in addition send a notice when the close treatment ends.

The complete medical record of a person under close treatment must be forwarded to the Tribunal if the latter so requires.

The Tribunal may, where it receives a notice sent in accordance with this section, act on its own initiative and make a decision as if a proceeding had been brought under section 30.

1974, c. 43, s. 4; 1992, c. 21, s. 277, s. 375; 1997, c. 43, s. 471.

DIVISION IV MISCELLANEOUS

32. Every person who violates any provision of this Act or the regulations or refuses to comply with an order given under such Act or regulations is guilty of an offence and is liable to a fine of not more than $200 in the case of an individual and not more than $1 000 in the case of a corporation.

1972, c. 44, s. 57; 1990, c. 4, s. 711.

33. The Government may, by regulation, establish psychiatric establishments for detained persons to receive and treat persons detained under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or any penal law. It may also convert to that purpose any existing psychiatric establishment.

1972, c. 44, s. 58 (part).

34. The Government may also, by regulation, authorize any psychiatric establishment he designates, to receive and treat persons detained under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or any penal law.

1972, c. 44, s. 59.

35. The Government shall make regulations on the management, supervision and administration of the establishments contemplated in section 33 or 34 where detained persons are received and treated, and on the security standards to be respected therein.

1972, c. 44, s. 60.

36. The Government may make agreements, on the conditions it determines, with any government, Government body, public or private corporation, person or partnership for the establishment, organization and administration of hospital centres, reception centres, residential and long-term care centres, rehabilitation centres or psychiatric establishments for detained persons and generally for the carrying out of this act.

1972, c. 44, s. 61; 1992, c. 21, s. 278.

DIVISION V FINAL PROVISIONS

37. The Minister of Health and Social Services is entrusted with the carrying out of this Act.

1972, c. 44, s. 69; 1985, c. 23, s. 24.

38. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 44 of the statutes of 1972, in force on 31 December 1977, is repealed, except the second paragraph of section 58, sections 64 to 68 and 70, effective from the coming into force of chapter P-41 of the Revised Statutes.

This Act will be replaced upon the coming into force of section 25 of chapter 75 of the statutes of 1997 on the date fixed by order of the Government.