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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Mental Health Act
 
Legislature :
55
Session :
1
Bill No. :
29
Member :
Hon. E. Robichaud
First Reading :
2004-3-31
Second Reading :
2004-4-2
Committee of the Whole :
2004-5-13
Amended :
Third Reading :
2004-5-14
Royal Assent :
2004-5-28
Download PDF :
  Bill 29         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 7.6 of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended



(a)               in subsection (1) by striking out "patient advocate" and substituting "psychiatric patient advocate";



(b)               by repealing subsection (2) and substituting the following:



7.6(2)             It is the duty of a psychiatric patient advocate service to offer advice and assistance to persons who are detained in a psychiatric facility under examination certificates issued under section 7.1, to persons who are the subjects of applications under section 8 or 12 and to involuntary patients in psychiatric facilities, and to provide psychiatric patient advocates to meet, confer with, advise and assist persons who are detained in a psychiatric facility under examination certificates issued under section 7.1, who are the subjects of applications under section 8 or 12 or who are involuntary patients.



(c)               in subsection (3) in the portion preceding paragraph (a) by striking out "patient advocate" and substituting "psychiatric patient advocate";



(d)               in subsection (4) by striking out "patient advocate" and substituting "psychiatric patient advocate";



(e)               in subsection (5) by striking out "patient advocate" and substituting "psychiatric patient advocate";



(f)                in subsection (6) by striking out "patient advocate" and substituting "psychiatric patient advocate";



(g)               in subsection (7) by striking out "patient advocate" and substituting "psychiatric patient advocate".



2                           Section 7.7 of the Act is repealed and the following is substituted:



7.7(1)             If it is alleged that a psychiatric patient advocate service or a psychiatric patient advocate has been negligent in respect of any act, deed, matter or thing made, done, permitted or omitted by the psychiatric patient advocate service or psychiatric patient advocate in or about the execution or intended execution of duties or authorities under this Act, the Province shall defend, negotiate or settle any claim and shall, when necessary, pay all losses, damages, costs and expenses if the psychiatric patient advocate service or psychiatric patient advocate has acted in good faith.



7.7(2)             If the Province defends a psychiatric patient advocate service or psychiatric patient advocate under subsection (1), the Province has the conduct of any action in relation to the claim.



7.7(3)             Subsection (1) applies only if



(a)               the psychiatric patient advocate service or the psychiatric patient advocate co-operates with the Province, except in a pecuniary way, with respect to the defence, negotiation and settlement of any claim, including any appeal;



(b)               the psychiatric patient advocate service or psychiatric patient advocate, at the request of the Province,



(i)         attends all related meetings, hearings and trials,



(ii)       assists in effecting any settlement,



(iii)    secures and gives evidence, and



(iv)      obtains the attendance of witnesses;



(c)                the psychiatric patient advocate service or psychiatric patient advocate does not, without the prior written approval of the Province, assume any obligation, admit any liability or take any step to compromise the defence of the claim; and



(d)               the claim is not covered by a policy of insurance effected directly or indirectly for the benefit of the psychiatric patient advocate service or psychiatric patient advocate.



7.7(4)             If payment is made under this section on behalf of a psychiatric patient advocate service or a psychiatric patient advocate, the Province shall not seek indemnification from the psychiatric patient advocate service or psychiatric patient advocate.



3                           Section 8.6 of the Act is amended



(a)               in paragraph (1)(h) by striking out "a patient advocate" and substituting "a psychiatric patient advocate";



(b)               in paragraph (2)(h) by striking out "a patient advocate" and substituting "a psychiatric patient advocate".



4                           Paragraph 17(5)(e) of the Act is repealed and the following is substituted:



(e)                to a psychiatric patient advocate service and a psychiatric patient advocate for the purposes of this Act;



5                           Subsection 68(1) of the Act is amended



(a)               in paragraph (i.4) by striking out "patient advocate" and substituting "psychiatric patient advocate";



(b)               by repealing paragraph (i.5) and substituting the following:



(i.5)            respecting the duties, authorities and powers of psychiatric patient advocate services and psychiatric patient advocates in addition to those described in the Act;



(c)               by repealing paragraph (i.6) and substituting the following:



(i.6)            providing for the remuneration and expenses of psychiatric patient advocate services and psychiatric patient advocates;



EXPLANATORY NOTES



Sections 1 to 5



In this amending Act, the term "patient advocate service" is changed to "psychiatric patient advocate service" and "patient advocate" is changed to "psychiatric patient advocate".
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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