Mental Health Act

(1) In this Act,

"assisted community treatment certificate" means an assisted community treatment certificate issued under subsection 37(1); (certificat de traitement en milieu communautaire assisté)

"certificate of involuntary admission" means a certificate of involuntary admission issued under subsection 13(1); (certificat d’admission involontaire)

"certificate of involuntary assessment" means a certificate of involuntary assessment issued under subsection 10(1); (certificat d’évaluation non volontaire)

"certificate of mental incompetence" means a certificate of mental incompetence issued under paragraph 79(2)(a); (certificat d’incapacité mentale)

"chairperson" means the chairperson of the Review Board; (président)

"community treatment plan" means a community treatment plan referred to in subsection 37(3); (plan de traitement en milieu communautaire)

"designated facility" means a facility designated by the regulations for the examination, care and treatment of persons with mental disorders; (établissement désigné)

"director" means, in respect of a facility, the person employed in the facility who is in charge of the administration and management of the facility; (directeur)

"dwelling place" means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes

"health professional" means

"involuntary admission criteria" means the criteria specified in subparagraphs 13(1)(b)(i), (ii) and (iii); (critères d’admission involontaire)

"involuntary patient" means a person admitted to a designated facility under the authority of a certificate of involuntary admission, and includes a person who

"involuntary psychiatric assessment" means a psychiatric assessment of a person to determine whether a certificate of involuntary admission of the person or a renewal certificate should be issued; (évaluation psychiatrique non volontaire)

"justice of the peace" means a justice of the peace within the meaning of the Justices of the Peace Act; (juge de paix)

"mental disorder" means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs judgement, behaviour, capacity to recognize reality or ability to meet the ordinary demands of life; (troubles mentaux)

"peace officer" means a member of the Royal Canadian Mounted Police or a prescribed person or class of persons; (agent de la paix)

"psychiatric assessment" means an examination of a person and an assessment of the mental condition of the person for the purpose of determining whether the person suffers from a mental disorder; (évaluation psychiatrique)

"Public Trustee" means the Public Trustee appointed under the Public Trustee Act; (curateur public)

"renewal certificate" means a renewal certificate issued under paragraph 17(2)(b); (certificat de renouvellement)

"Review Board" means the Review Board referred to in subsection 60(1); (conseil de révision)

"review panel" means a review panel referred to in subsection 62(1); (comité de révision)

"short term leave certificate" means a short term leave certificate issued under subsection 35(1); (certificat de congé de courte durée)

"substitute decision maker" means a substitute decision maker designated under subsection 30(2); (mandataire spécial)

"treatment decision" includes a decision as to whether or not to consent to psychiatric or other medical treatment; (décision liée au traitement)

"treatment decision certificate" means a treatment decision certificate issued under subsection 29(3); (certificat relatif aux décisions liées au traitement)

"voluntary patient" means a person admitted to a designated facility under subsection 3(1). (patient en placement volontaire)

(2) Except for the purposes of the definition "health professional" in subsection (1), a reference to "medical practitioner" means a medical practitioner who is entitled under the Medical Profession Act to practise psychiatry in the Northwest Territories, or if a psychiatrist is not available, another medical practitioner.

(3) For the purposes of this Act, a person is mentally competent to consent if the person has the ability to understand the subject matter in respect of which consent is required and the ability to appreciate the consequences of giving or withholding consent. SNWT 2023,c.7,s.25(2); SNWT 2023,c.32,s.119; SNWT 2024,c.9,s.16(2).

(1) In this section, "person who is subject to this Act" means

(2) This Act must be administered and interpreted in accordance with the following principles:

(1) Subject to subsection (2), a medical practitioner may admit a person to a designated facility as a voluntary patient, if the medical practitioner

(2) A person may not be admitted to a designated facility under subsection (1) unless he or she consents to the admission and is, in the opinion of the medical practitioner, mentally competent to consent to the admission.

(1) A medical practitioner who admits a person to a designated facility as a voluntary patient shall ask the patient who, if anyone, should be notified of the admission.

(2) Reasonable efforts must be made, as soon as practicable, to notify a person identified under subsection (1).

(1) A member of the treatment staff of a designated facility may detain and, if necessary, restrain a voluntary patient who requests to be discharged, if the staff member believes on reasonable grounds that

(2) No later than 24 hours after being detained under subsection (1), a voluntary patient must be examined by a medical practitioner to determine whether a certificate of involuntary assessment of the patient should be issued.

(1) A person may only be admitted to a designated facility as an involuntary patient if

(2) A person may only be detained for an examination referred to in subsection 10(1), in accordance with

(3) A person may only be detained for an involuntary psychiatric assessment for the purpose of subsection 13(1) in accordance with the authority under paragraph 10(3)(c) to detain a person when a certificate of involuntary assessment of the person is issued.

(1) On the detention in a health facility of a person under the authority of a certificate of involuntary assessment, certificate of involuntary admission or renewal certificate, the health professional who issued the certificate or the director of the facility where the person is detained shall, at the earliest opportunity, provide the following information to the person in written and verbal form:

(2) Subject to subsection (3), on the admission of a person to a designated facility as an involuntary patient, the patient has the right to

(3) The rights referred to in subsection (2) are subject to reasonable prescribed limits.

(4) The director of a designated facility shall ensure that an involuntary patient is informed of the rights referred to in subsection (2) at the earliest opportunity after admission.

(1) The director of a designated facility shall make every reasonable effort to ensure that a patient is given information in respect of his or her rights under this Act in a language and manner that the patient understands.

(2) A person who informs a patient of his or her rights under this Act shall

(1) A health professional who examines a person may require the person to undergo an involuntary psychiatric assessment by issuing a certificate of involuntary assessment, if the health professional is of the opinion that

(2) A certificate of involuntary assessment of a person may not be issued under subsection (1) later than 24 hours after the examination to which it relates.

(3) Subject to this Act, a certificate of involuntary assessment of a person authorizes

(4) The authority under paragraph (3)(a) to apprehend a person and convey him or her to a designated facility expires at the end of the seventh day after the certificate of involuntary assessment is issued.

(1) In this section, "justice" means justice of the peace or territorial judge.

(2) Subject to subsection (3), any person may apply to a justice for an order that another person be examined involuntarily by a health professional to determine whether a certificate of involuntary assessment of the person should be issued.

(3) A person who makes an application under subsection (2) must have reasonable grounds to believe that

(4) An application under subsection (2) must

(5) A justice may, if he or she considers it warranted in the circumstances, consider the application and evidence of any witnesses without notice to the person who is the subject of the application.

(6) After considering an application made under subsection (2) and the evidence of any witnesses, the justice may issue an order that the person who is the subject of the application be examined involuntarily by a health professional, if the justice finds that

(7) Subject to this Act, an order issued under subsection (6) for an involuntary examination of a person authorizes

(8) The authority under paragraph (7)(a) to apprehend a person and convey him or her to a health facility expires at the end of the seventh day after the order referred to in subsection (6) is issued.

Peace Officer Authority to Apprehend for Involuntary Examination

(1) A peace officer may, without an order issued under subsection 11(6), apprehend a person and convey him or her to a health facility for the purpose of an examination by a health professional to determine whether a certificate of involuntary assessment of the person should be issued, if the peace officer has reasonable grounds to believe that

(1.1) Subject to subsection (1.2), the authority of a peace officer under subsection (1) is authority to apprehend a person and convey him or her directly to a health facility.

(1.2) If it is not possible to convey a person apprehended under subsection (1) directly to a health facility, any temporary detention of the person must be in accordance with the regulations.

(2) Where, under subsection (1), a peace officer conveys a person to a health facility,

(3) Subject to the regulations, the authority under this section to convey a person to a health facility and detain the person expires 24 hours after he or she is apprehended.

(1) A medical practitioner who has conducted an involuntary psychiatric assessment of a person may require the admission of the person to a designated facility as an involuntary patient by issuing a certificate of involuntary admission, if

(2) A certificate of involuntary admission of a person may not be issued under subsection (1) by the medical practitioner who issued the certificate of involuntary assessment of the person.

(1) In this section, "issuer" means the medical practitioner who issues a certificate of involuntary admission.

(2) A certificate of involuntary admission must include the following information:

(3) Subject to this Act, a certificate of involuntary admission of a person authorizes

(1) Subject to subsection (2), a person who is subject to a certificate of involuntary admission must be promptly admitted as an involuntary patient to the designated facility referred to in paragraph 14(2)(f).

(2) In circumstances where it is impracticable to promptly convey a person who is subject to a certificate of involuntary admission to the designated facility named in the certificate, the person may be detained, pending admission to the facility, at a location authorized by the regulations, for a period not exceeding seven days.

(1) The attending medical practitioner of an involuntary patient shall conduct an involuntary psychiatric assessment of the patient within 72 hours before the expiration of

(2) On concluding an involuntary psychiatric assessment under subsection (1) of an involuntary patient,

(1) A first renewal certificate authorizes

(2) A second renewal certificate authorizes

(3) A third or subsequent renewal certificate authorizes

(1) In this section, "issuer" means the medical practitioner who issues a renewal certificate.

(2) A renewal certificate must include the following information:

(1) The attending medical practitioner of an involuntary patient shall conduct psychiatric assessments of the patient on a reasonable ongoing basis to determine whether the involuntary admission criteria continue to be met.

(2) If the medical practitioner referred to in subsection (1) is of the opinion that the involuntary admission criteria are no longer met, he or she shall cancel the certificate of involuntary admission of the patient and any renewal certificate.

(1) The director of a designated facility may, in writing, authorize the transfer of an involuntary patient to another designated facility or to another health facility, if

(2) The director of a designated facility shall, when determining the best interests of an involuntary patient for the purposes of paragraph (1)(a),

(3) The authority conferred by any certificates to which an involuntary patient is subject under this Act continues in effect in the designated facility or other health facility to which the patient is transferred.

(4) Until the time a certificate of involuntary admission of a patient and any renewal certificate ceases to have effect, if an involuntary patient is transferred to a health facility that is not a designated facility,

(5) A written authorization issued under subsection (1) authorizes conveyance of the involuntary patient by a peace officer or other authorized person to the receiving designated facility or other health facility and detention and control of the patient for the purpose of conveyance.

(1) The director of a designated facility may issue a certificate authorizing the transfer of an involuntary patient to a psychiatric facility or hospital outside the Northwest Territories where hospitalization has been arranged, if

(2) A certificate may not be issued under paragraph (1)(a) or (b) unless the patient or, if applicable, his or her substitute decision maker consents.

(3) The director of a designated facility shall, when determining the best interests of an involuntary patient for the purposes of paragraph (1)(b),

(4) A certificate issued under subsection (1) authorizes conveyance of the involuntary patient by a peace officer or other authorized person for the purpose of transfer out the of Northwest Territories and detention and control of the patient for the purpose of conveyance.

(1) The director of a designated facility may, in writing, authorize the transfer of a patient to the facility from a health facility outside the Northwest Territories, if the director is satisfied that

(2) If a patient who is subject to a written authorization issued under subsection (1) is, under the law of the transferring jurisdiction, subject to an order or certificate similar to a certificate of involuntary admission, the written authorization issued under subsection (1) authorizes

(3) A patient transferred to a designated facility from a health facility outside the Northwest Territories must be examined by a medical practitioner as soon as possible to determine whether a certificate of involuntary assessment of the patient should be issued.

(1) Subject to subsections (2) and (3), if the delay required to obtain consent will prolong suffering by a patient who is subject to this Act, or put the patient at risk of sustaining serious bodily harm, emergency treatment may be provided, without consent, to

(2) Except where a second medical practitioner is not available, emergency treatment must not be provided under subsection (1) unless a second medical practitioner

(3) The authority under subsection (1) to provide emergency treatment without consent ceases,

(1) The attending medical practitioner of a patient

(2) In determining the mental competence of a patient to make treatment decisions, the medical practitioner shall consider

(3) An attending medical practitioner who is of the opinion that a patient is not mentally competent to make treatment decisions shall issue a treatment decision certificate in respect of the patient, with reasons for the opinion.

(4) Where a treatment decision certificate is issued in respect of a patient, the attending medical practitioner or the director of the designated facility where the patient is admitted shall make reasonable inquiries to find a substitute decision maker for the patient.

(5) The attending medical practitioner of a patient who is subject to a treatment decision certificate shall periodically review the mental condition of the patient to determine whether the patient has gained mental competence to make treatment decisions.

(6) The attending medical practitioner of a patient who is subject to a treatment decision certificate shall cancel the certificate if the medical practitioner is of the opinion that the patient has gained mental competence to make treatment decisions.

(7) A treatment decision certificate expires when the person who is subject to it ceases to be a patient.

(1) In this section,"nearest relative" means, with respect to a patient,

(2) A substitute decision maker must be designated, in writing, to make treatment decisions on behalf of a patient who is subject to a treatment decision certificate, by the attending medical practitioner or the director of the designated facility where the patient is admitted.

(3) To be eligible for designation as a substitute decision maker, a person must be

(4) Subject to this section, each of the following persons is eligible to be designated as a substitute decision maker for a patient:

(5) A potential substitute decision maker under paragraph (4)(d) may not be designated as the substitute decision maker for a patient unless the potential substitute decision maker

(6) A medical practitioner may rely on the accuracy of information provided in a statement referred to in paragraph (5)(c) unless it is not reasonable to do so.

(7) Subsections (8), (9) and (10) apply notwithstanding the priority under subsection (1) for determining the nearest relative of a patient.

(8) A patient must be given the opportunity to choose a substitute decision maker from the persons referred to in subsection (1), if

(9) A person chosen under subsection (8) who meets the requirements of subsections (3) and (5) must be designated as the substitute decision maker for the patient.

(10) The attending medical practitioner of a patient, or the director, may designate any person described in subsection (1) to be the substitute decision maker for the patient, if

SNWT 2023,c.7,s.25(3); SNWT 2024,c.9,s.16(3).

(1) Subject to subsection (2), if a patient expressed wishes in respect of treatment when he or she was apparently mentally competent to make treatment decisions, the substitute decision maker for the patient shall make treatment decisions on behalf of the patient in accordance with those wishes.

(2) A substitute decision maker shall make treatment decisions on behalf of a patient in accordance with what the substitute decision maker believes to be in the best interests of the patient, if

(3) A substitute decision maker shall consider the following factors when determining the best interests of a patient:

(1) A medical practitioner may, in accordance with an order from a review panel, provide treatment for which consent has been refused by an involuntary patient who is mentally competent to make treatment decisions.

(2) A medical practitioner may, in accordance with an order from a review panel, provide treatment for which consent has been refused on behalf of a patient by a substitute decision maker.

(1) Notwithstanding this Act, no person shall perform any procedure on a patient that, by direct or indirect access to the brain, removes, destroys, or interrupts the continuity of histologically normal brain tissue, or that inserts indwelling electrodes for pulsed electrical stimulation for the purpose of altering behaviour or treating psychiatric illness, unless

(2) The prohibition in subsection (1) does not include neurological procedures used to diagnose or treat intractable physical pain or epilepsy where those conditions are clearly demonstrable.

(1) Subject to subsection (2), the attending medical practitioner of an involuntary patient admitted to a designated facility may issue a short term leave certificate authorizing the patient to be released from the facility on short term leave, subject to any conditions that the medical practitioner considers appropriate, for a period not exceeding 30 days after the certificate is issued.

(2) A short term leave certificate for an involuntary patient may not be issued unless the patient or, if applicable, his or her substitute decision maker consents.

(3) A short term leave certificate for an involuntary patient must include the date and time it expires and any conditions that the patient must comply with, including any conditions in respect of treatment and attendance at appointments, during the short term leave.

(4) A person’s status as an involuntary patient is not affected by short term leave taken under the authority of a short term leave certificate.

(5) An involuntary patient released on short term leave shall, by the date and time of expiration specified in the short term leave certificate, return to the designated facility from which the patient was released, unless he or she ceases to be an involuntary patient before that time.

(1) The attending medical practitioner of an involuntary patient who is subject to a short term leave certificate may cancel the certificate, if the medical practitioner

(2) On receiving notice of the cancellation of a short term leave certificate, an involuntary patient shall immediately return to the designated facility from which he or she was released on short term leave.

(1) The attending medical practitioner of an involuntary patient may, in accordance with this section and section 38, issue an assisted community treatment certificate authorizing the patient to reside outside a designated facility while receiving supervision and treatment or care.

(2) An attending medical practitioner who intends to begin preparations for the issuance of an assisted community treatment certificate for an involuntary patient shall provide notice of that intention to the director of the designated facility where the patient is admitted.

(3) Before issuing an assisted community treatment certificate for an involuntary patient, the attending medical practitioner shall, in accordance with the requirements of sections 39 and 40, prepare a community treatment plan.

(4) If the attending medical practitioner of an involuntary patient is considering the issuance of an assisted community treatment certificate for the patient, the medical practitioner shall consult with the patient and, if applicable, his or her substitute decision maker, in respect of the certificate process and the development of a community treatment plan for the patient.

(5) For the purpose of subsection (4), when consulting with an involuntary patient who has a substitute decision maker, an attending medical practitioner shall take into account current wishes of the patient as well as any wishes expressed by the patient when apparently mentally competent.

(6) A medical practitioner may only issue an assisted community treatment certificate for an involuntary patient if the medical practitioner has examined the patient within 72 hours before issuing the certificate and is of the opinion that

(1) In this section, "issuer" means the medical practitioner who issues an assisted community treatment certificate.

(2) An assisted community treatment certificate for an involuntary patient must include the following information:

(3) An assisted community treatment certificate may be issued for a period not exceeding six months and may be

(4) A copy of a community treatment plan for an involuntary patient must be appended to an assisted community treatment certificate.

(5) A person’s status as an involuntary patient is not affected by his or her release from a designated facility under the authority of an assisted community treatment certificate.

(6) While an involuntary patient who is subject to an assisted community treatment certificate resides outside the designated facility named in the certificate, the admission of the patient to that facility is deemed to continue in effect.

(7) An assisted community treatment certificate expires when the person who is subject to the certificate ceases to be an involuntary patient.

(1) If the attending medical practitioner of an involuntary patient is considering the development of a community treatment plan for the patient, the medical practitioner shall consult with health professionals and other persons and bodies proposed to be named in the plan, to ensure that adequate treatment, services and support will be available for the patient.

(2) Before a community treatment plan is finalized, a written agreement must be received by the attending medical practitioner from each person and body named in the plan, in respect of the responsibilities of that person or body under the plan.

(1) A community treatment plan for an involuntary patient must include

(2) A community treatment plan may be amended in accordance with the regulations.

(1) Subject to subsection (2), a medical practitioner who issues an assisted community treatment certificate for an involuntary patient is responsible for the general supervision and management of the community treatment plan for the patient.

(2) A medical practitioner may be designated, in accordance with the regulations, as the medical practitioner who is responsible for the general supervision and management of a community treatment plan for a patient.

(1) Health professionals and other persons and bodies who have agreed to provide supervision, treatment, care or other support under a community treatment plan are responsible for

(2) A person may be designated, in accordance with the regulations, to act in the place of a health professional or other person referred to in subsection (1).

(1) In addition to the requirements under this Act to conduct psychiatric assessments of an involuntary patient, a medical practitioner responsible for the general supervision and management of a community treatment plan shall, as required under subsection (2), assess

(2) An assessment of an involuntary patient under subsection (1) must be conducted

(3) An assessment under subsection (1) must include a review of whether the involuntary patient

(1) A medical practitioner responsible for the general supervision and management of a community treatment plan for an involuntary patient shall, within 72 hours before the expiration of the applicable assisted community treatment certificate, conduct a psychiatric assessment of the patient to determine whether the involuntary admission criteria continue to be met.

(2) If the medical practitioner referred to in subsection (1) is of the opinion that the involuntary admission criteria are no longer met, he or she shall cancel the certificate of involuntary admission of the patient and any renewal certificate.

(1) Notice must be provided, in accordance with the regulations, to an involuntary patient who is required to return to a designated facility on the expiration of an assisted community treatment certificate.

(2) An involuntary patient shall, by the date and time specified in a notice referred to in subsection (1), return to the designated facility specified in the notice, unless he or she ceases to be an involuntary patient before that time.

(1) Within 72 hours after an involuntary patient referred to in subsection 45(2) returns to a designated facility, the attending medical practitioner shall conduct a psychiatric assessment of the patient to determine whether the involuntary admission criteria continue to be met.

(2) If the medical practitioner referred to in subsection (1) is of the opinion that the involuntary admission criteria are no longer met, he or she shall cancel the certificate of involuntary admission of the patient and any renewal certificate.

(1) A medical practitioner who is responsible for the general supervision and management of a community treatment plan for an involuntary patient, or the director of the designated facility that is named in the applicable assisted community treatment certificate, may issue a certificate requiring the patient to attend a psychiatric assessment and an assessment under subsection 43(1), if

(2) A certificate issued under subsection (1), requiring an involuntary patient to attend a psychiatric assessment and an assessment under subsection 43(1), authorizes

(3) The authority under paragraph (2)(a) to apprehend an involuntary patient and convey him or her to a health facility expires 30 days after the certificate referred to in subsection (1) is issued.

(1) A medical practitioner who is responsible for the general supervision and management of a community treatment plan for an involuntary patient may issue a certificate cancelling the applicable assisted community treatment certificate, if the medical practitioner has reasonable grounds to believe that

(2) On receiving notice of a certificate issued under subsection (1) cancelling an assisted community treatment certificate, an involuntary patient shall immediately return to the designated facility specified in the certificate.

(1) If services under a community treatment plan become unavailable to an involuntary patient, the medical practitioner who is responsible for the general supervision and management of the plan, or the director of the designated facility named in the applicable assisted community treatment certificate, shall attempt to arrange other suitable services.

(2) If other suitable services cannot be arranged under subsection (1), the medical practitioner or director may issue a certificate cancelling the applicable assisted community treatment certificate.

(3) On receiving notice of a certificate issued under subsection (2) cancelling an assisted community treatment certificate, an involuntary patient shall immediately return to the designated facility specified in the certificate.

(1) Within 72 hours after an involuntary patient referred to in subsection 48(2) or 49(3) returns to a designated facility, the attending medical practitioner shall conduct a psychiatric assessment of the patient to determine whether the involuntary admission criteria continue to be met.

(2) If the medical practitioner referred to in subsection (1) is of the opinion that the involuntary admission criteria are no longer met, he or she shall cancel the certificate of involuntary admission of the patient and any renewal certificate.

(1) In this section, "justice" means justice of the peace or territorial judge.

(2) Subject to subsection (3), any person may apply to a justice for an order that an involuntary patient who is subject to an assisted community treatment certificate must undergo an assessment for the purpose of determining whether the certificate should be cancelled under subsection 48(1).

(3) The person applying for an order under subsection (2) must have reasonable grounds to believe that because of a mental disorder, the involuntary patient

(4) An application under subsection (2) must

(5) A justice may, if he or she considers it warranted in the circumstances, consider the application and evidence of any witnesses without notice to the involuntary patient who is the subject of the application.

(6) After considering an application made under subsection (2) and the evidence of any witnesses, the justice may issue an order that the involuntary patient who is the subject of the application must undergo an assessment for the purpose of determining whether the assisted community treatment certificate should be cancelled under subsection 48(1), if the justice finds that because of a mental disorder, the patient

(7) Subject to this Act, an order issued under subsection (6) authorizes

(8) The authority under paragraph (7)(a) to apprehend an involuntary patient and convey him or her to a health facility expires at the end of the seventh day after the order referred to in subsection (6) is issued.

(1) A peace officer may, without an order issued under subsection 51(6), apprehend an involuntary patient who is subject to an assisted community treatment certificate and convey him or her to a health facility for the purpose of an assessment, if the peace officer has reasonable grounds to believe that

(1.1) Subject to subsection (1.2), the authority of a peace officer under subsection (1) is authority to apprehend a person and convey him or her directly to a health facility.

(1.2) If it is not possible to convey a person apprehended under subsection (1) directly to a health facility, any temporary detention of the person must be in accordance with the regulations.

(2) Where, under subsection (1), a peace officer conveys an involuntary patient to a health facility,

(3) Subject to the regulations, the authority under this section for a peace officer to convey an involuntary patient to a health facility expires 24 hours after the patient is apprehended.

(1) A director of a designated facility where an involuntary patient is admitted or the attending medical practitioner of the patient may issue a written statement that the patient is absent from the designated facility without authorization, if

(2) A statement issued under subsection (1) in respect of the absence without authorization of an involuntary patient authorizes

(3) The authority under paragraph (2)(a) to apprehend an involuntary patient and convey him or her to a designated facility expires 30 days after the statement referred to in subsection (1) is issued.

(1) Subject to subsection (2), a health professional who issues a certificate or who cancels a certificate under this Act shall file the certificate or cancellation with the director of the designated facility where the person who is or was subject to the certificate is or was admitted as a patient.

(2) Certificates of involuntary assessment must be filed in accordance with the regulations.

(3) A medical practitioner who designates a substitute decision maker for a patient shall file the designation with the director of the designated facility where the patient is admitted.

(1) At the earliest opportunity after a certificate of involuntary admission or a renewal certificate is filed with the director of a designated facility, the director shall examine the certificate to ascertain whether or not the certificate has been completed in accordance with this Act.

(2) If, in the opinion of the director of a designated facility, a certificate of involuntary admission or renewal certificate has not been completed in accordance with this Act, the director shall, at the earliest opportunity, bring the matter to the attention of the attending medical practitioner of the patient.

(1) The director of a designated facility shall, at the earliest opportunity, forward to a designate of the Minister specified in the regulations a copy of each of the following documents that are filed with the director:

(2) A registry of involuntary patients must be maintained, in accordance with the regulations, by the designate of the Minister referred to in subsection (1).

(1) A health professional who issues a certificate under this Act, or the director of the facility where the certificate is filed, shall, subject to this Act and the regulations, provide a copy of the certificate to

(2) A medical practitioner who cancels a certificate of involuntary admission, a renewal certificate, a treatment decision certificate or a certificate of mental incompetence, or the director of the facility where the certificate is filed, shall, subject to the regulations, provide written notice of the cancellation to the persons who were provided under subsection (1) with copies of the certificate.

(3) On the expiration of a certificate of involuntary admission and any renewal certificate for a patient, the attending medical practitioner of the patient or the director of the facility where the certificate was filed, shall, subject to the regulations, provide written notice of the expiration to the persons who were provided under subsection (1) with copies of the certificate of involuntary admission or renewal certificate.

(4) On the expiration or cancellation of a certificate of involuntary admission and any renewal certificate for a patient, the attending medical practitioner of the patient or the director of the facility where the certificate was filed shall, subject to the regulations, provide written notice of the expiration or cancellation to a health professional at a health facility where the former patient will receive follow-up treatment.

(1) The Review Board must be established in accordance with the regulations.

(2) The Review Board must be composed of a chairperson and other members appointed in accordance with the regulations.

(3) The importance of reflecting the diversity of the population and gender balance of the people of the Northwest Territories in the composition of the Review Board must be recognized in the applicable regulations.

(1) The chairperson is responsible for the management of applications to the Review Board.

(2) The chairperson may delegate any of his or her powers, duties or functions to another member of the Review Board.

(1) Subject to subsection 67(1), an application to the Review Board must be considered by a review panel composed of members of the Review Board appointed by the chairperson under subsection 67(2) or section 68.

(2) A review panel must be composed of three members, including

(3) A quorum for a review panel is the three members referred to in subsection (2).

(4) A decision of a majority of members of a review panel is the decision of the panel. SNWT 2023,c.7,s.25(2).

(1) A member of the Review Board shall not use or disclose, for a purpose other than the purpose for which information is received, any information that comes to his or her knowledge in the exercise of his or her powers or the performance of his or her duties or functions under this Act.

(2) Subsection (1) applies, with such modifications as the circumstances may require, to persons engaged by or employed to assist the Review Board.

(1) An application may be made to the Review Board, in accordance with this section and the regulations, for an order

(2) An application may be made under subsection (1) by

(1) The chairperson shall review each application made to the Review Board and may dismiss an application, if he or she reasonably believes that

(2) Subject to subsection (1), the chairperson shall, within two days after receipt of an application,

(3) No review or appeal lies under this Act from a dismissal under section (1) or a referral of a matter to a review panel under subsection (2).

(1) The parties to an application to the Review Board are

(2) A review panel may add as a party any person who in its opinion has a substantial interest in the application.

(3) A party may be represented by legal counsel or an agent.

(1) On receiving an application for consideration, a review panel shall

(2) Subject to subsection (3), a hearing must be held in private.

(3) A review panel may permit the public to be present during all or part of a hearing if the patient or other person who is subject to a certificate issued under this Act consents and the panel is of the opinion that there is no risk of serious harm or injustice to any person.

(1) A review panel may

(2) A review panel has the same power as is vested in a court of record in civil cases

(3) The Review Board may arrange for a patient or another person who is subject to a certificate issued under this Act to be examined by a medical practitioner.

(4) The Review Board may engage, to give evidence or make submissions at a hearing,

(5) On request by a patient, his or her substitute decision maker or the patient’s attending medical practitioner, the Review Board shall engage an Elder or other person as a cultural advisor to a review panel.

(6) Notwithstanding subclause (5), a review panel may hear an application without an Elder or other person as a cultural advisor if, after making reasonable efforts, the Review Board does not locate a person to engage in that capacity.

(1) A hearing under this Act is not subject to the rules of evidence applicable to judicial proceedings and evidence may be given in any manner that the Review Board or a review panel considers appropriate, including by teleconference, video conference or other means of communication.

(2) A review panel may make any order in respect of the taking, hearing or reproduction of evidence that the panel considers necessary, including an order to protect the interests of a patient, another person who is subject to a certificate issued under this Act or a witness.

(3) Each party may present any evidence that the review panel considers relevant and may question witnesses.

(1) On an application made under paragraph 66(1)(a) for an order to cancel a certificate issued under this Act, the review panel may

(2) On an application made under paragraphs 66(1)(b) to (h) or section 68, the review panel may make the order that it considers appropriate.

(3) A review panel may make any order as to costs that is considers appropriate.

(4) A review panel shall, in accordance with the regulations, serve a copy of an order made under this section on each party to the application and shall include with the order information on the right of appeal to the Supreme Court.

(1) A party to an application to the Review Board made under subsection 66(1) or section 68 may, within 30 days after receiving an order of a review panel made under section 74, appeal the order to the Supreme Court in accordance Part 44 of the Rules of the Supreme Court.

(2) An appeal under this section must be held in private unless the Supreme Court orders otherwise.

(3) The Supreme Court may make any order as to costs that it considers appropriate.

(4) No appeal lies from an order of the Supreme Court made under this section.

(1) In this section, "specified person" means a person who

(2) Subject to any prescribed exceptions, a specified person must not, by reason of receiving or having received mental health services, be deprived of any right or privilege enjoyed by others.

(1) A medical practitioner who issues a certificate of involuntary admission of a person shall examine the person to determine whether he or she is mentally competent to manage his or her estate.

(2) If a medical practitioner who examines a person under subsection (1) is of the opinion that the person is not mentally competent to manage his or her estate, the medical practitioner shall

(3) If circumstances are such that the Public Trustee should immediately assume management of an estate, the medical practitioner shall notify the Public Trustee as soon as possible that a certificate of mental incompetence has been issued.

(4) Subsections (1) to (3) do not apply

(1) If there is no other trustee of the estate of a person who is named in a certificate of mental incompetence, the Public Trustee is the trustee and shall assume management of the estate on receipt of the certificate of mental incompetence.

(2) If the Public Trustee is a trustee under subsection (1), he or she has the same powers and duties as if the Public Trustee had been appointed trustee under the Guardianship and Trusteeship Act, including all the powers specified in section 36 of that Act.

(1) The attending medical practitioner of an involuntary patient shall cancel a certificate of mental incompetence if, after examining the patient, the medical practitioner determines that the patient is mentally competent to manage his or her estate.

(2) On cancelling a certificate under subsection (1), the medical practitioner shall forward a notice of cancellation to the Public Trustee.

(1) A person other than the Public Trustee may not, without the leave of a judge of a court in which an action is intended to be brought, bring an action as next friend of a person of whose estate the Public Trustee is trustee under this Act.

(2) The Public Trustee must be served with notice of an application for leave referred to in subsection (1).

(1) If an action or proceeding is commenced against a person who is subject to a certificate of mental incompetence, who is a patient in a designated facility, and for whose estate a trustee has not been appointed, and the action or proceeding is in connection with the estate of that person, the document by which the action or proceeding is commenced, and any other document requiring personal service, must be

(2) Notwithstanding paragraph (1)(c), all documentation referred to in subsection (1) must be served on the director of the designated facility where the person referred to in that paragraph is a patient, instead of on the person, if the attending medical practitioner is of the opinion that personal service on that person would or would likely cause serious harm to him or her by reason of his or her mental condition.

(1) Transportation arrangements must be made, in accordance with the regulations and Government policies, to return a person apprehended under the authority of an order issued under subsection 11(6), or the authority of a peace officer under subsection 12(1), to the place where he or she was apprehended, or to another appropriate place, if the person is released because a certificate of involuntary assessment of the person is not issued.

(2) Transportation arrangements must be made, in accordance with the regulations and Government policies, to return a person apprehended under a certificate of involuntary assessment to the place where he or she was apprehended, or to another appropriate place, if the person is released because

(1) In this section, "judge" means justice of the peace, territorial judge or judge of the Supreme Court.

(2) Subsection (3)

(3) If a judge is of the opinion that there is reason to believe that a person who appears before the judge, charged with or convicted of an offence, suffers from a mental disorder, the judge may

(4) The opinion of a judge under subsection (3) must

(5) A person who is ordered under subsection (3) to attend a designated facility or other health facility for observation must be admitted to the facility as a patient and provided with care and treatment appropriate to the condition of the person as authorized by this Act and the order.

(6) Before the expiration of the time stated in an order made under subsection (3), the medical practitioner who examines the person under the order shall provide a written report to the judge on the mental condition of that person.

(7) No review or appeal lies under this Act from an order made under section (3).

(1) In this section, "detained person" means a person detained in a designated facility under the authority of an order made under the Criminal Code, on a finding that the person is unfit on account of mental disorder to stand trial or not criminally responsible on account of mental disorder.

(2) Within 72 hours before the expiration of detention of a detained person, the person must be examined by a medical practitioner to determine whether a certificate of involuntary assessment of the person should be issued.

(3) If a certificate of involuntary assessment of a detained person is issued under subsection (2), a medical practitioner may, in accordance with sections 13, 14 and 15, change the status of the person to that of an involuntary patient.

(1) A peace officer who apprehends a person under this Act

(1.1) A peace officer who apprehends a person under this Act shall contact a health professional to discuss the condition and circumstances of the person if there is any delay between the apprehension of the person and the conveyance of the person to a designated facility or other location to which the peace officer is authorized to convey the person.

(2) A peace officer shall not, without a warrant, enter a dwelling place to apprehend a person unless

SNWT 2017,c.20,s.7(3).

(1) In this section, "justice" means justice of the peace or territorial judge.

(2) A justice may issue a warrant authorizing a peace officer to enter a dwelling place described in the warrant for the purposes of apprehending a person identified or identifiable by the warrant if the justice is satisfied by information on oath or affirmation that there are reasonable grounds to believe that

(3) A justice who issues a warrant under subsection (2) may include in the warrant any terms and conditions that he or she considers advisable to ensure that the entry into the dwelling place is reasonable in the circumstances.

(4) If a peace officer believes that it would be impracticable in the circumstances to appear personally before a justice to make an application for a warrant under subsection (2), the warrant may be issued on information submitted by telephone or other means of telecommunication.

(5) The authority under a warrant issued under subsection (2) expires at the end of the seventh day after the warrant is issued.

(1) A peace officer may, without a warrant, enter a dwelling place for the purpose of apprehending a person if

(2) For the purposes of section (1), exigent circumstances include circumstances in which the peace officer has reasonable grounds to suspect that entry into the dwelling place is necessary to prevent imminent bodily harm or death to any person.

(1) The authority under this Act to control a person is authority to control the person, without his or her consent, to the extent necessary to prevent bodily harm to the person or to another person by the minimal use of force, mechanical means or medication as is reasonable, having regard to the physical and mental condition of the person.

(2) The reference in subsection (1) to authority to control a person by medication must not be construed as authorizing a person to administer medication unless he or she is otherwise authorized to do so.

(1) The director of a designated facility is responsible for maintaining a record of the diagnostic and treatment services provided to each person detained in the facility.

(2) Notwithstanding subsections 43(3) and 44(3) of the Health Information Act, where a patient is transferred under subsection 23(1) or 24(1) of this Act to another facility, the director of the designated facility from which the patient is transferred shall, as soon as possible, forward to the receiving facility a copy of the record of the diagnostic and treatment services provided to the patient.

(1) For the purposes of this section, "personal health information" has the meaning assigned by subsection 1(1) of the Health Information Act.

(2) The director of a designated facility where a patient is admitted, or the attending medical practitioner of the patient, may disclose personal health information relating to the patient to

(1) If two medical practitioners are of the opinion that disclosure of information in a health record, or in a specified part of a health record, of a person who is or has been a voluntary patient or an involuntary patient, is likely to result in a risk of serious harm to the health or safety of the person or another person, the medical practitioners may add a written notice of that opinion to the health record.

(2) Notwithstanding this Act and the Health Information Act, a person who is authorized under an enactment to disclose information in a record referred to in subsection (1) shall take into consideration a notice referred to in that subsection when deciding whether or not to disclose the record or part.

(3) Notwithstanding this Act and the Health Information Act, a person who is required under an enactment or under a subpoena, order, direction, notice or similar requirement to disclose information in a record referred to in subsection (1) shall, subject to subsection (4), refuse to disclose information that is subject to a notice referred to in subsection (1).

(4) On application, a court before which a matter may be at issue, or the Supreme Court, may order disclosure of information that is withheld under subsection (3).

(1) A person who contravenes or fails to comply with this Act or the regulations is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $2,000.

(2) A prosecution for an offence under this Act or the regulations may not be commenced more than two years after the day the alleged offence was committed.

(1) Within five years after this section comes into force, and every five years after that, the Legislative Assembly or one of its committees shall commence a comprehensive review of the provisions and operation of this Act, and any other related legislation, policies, guidelines, or directives as the Legislative Assembly or the committee considers appropriate.

(2) The review must include an examination of the administration and implementation of this Act and the effectiveness of its provisions, and may include recommendations for changes to this Act.

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(2) Where a code of rules or standards in respect of mental health facilities has been established by an association, person or body of persons and is available in written form, the Commissioner, on the recommendation of the Minister, may, by regulation, adopt the code as established, or as amended from time to time, and upon adoption the code is in force, either in whole or in part, or with such variations as may be specified in the regulations.

(1) In this section, "former Act" means the Mental Health Act, R.S.N.W.T. 1988, c.M-10.

(2) On the coming into force of this section,