Apprehension, Conveyance and Transfer Regulations

Regulation
Registration
R-045-2018
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Mental Health Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Contents
1. Repealed 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12

The Commissioner, on the recommendation of the Minister, under section 106 of the Mental Health Act and every enabling power, makes the Apprehension, Conveyance and Transfer Regulations.

1.

Repealed, R-090-2023,s.2.

Apprehension and Conveyance

2.

(1) For the purposes of paragraphs 10(3)(a), 11(7)(a) and 14(3)(a), subsections 23(5) and 24(4), and paragraphs 25(2)(a), 47(2)(a), 51(7)(a) and 53(2)(a) of the Act, "other authorized person" means a person engaged in providing medevac services, including a person engaged in the practice of the emergency medical services provider profession.

(2) For the purpose of section 94 of the Act, "person, other than a peace officer" means a person engaged in providing medevac services, including a person engaged in the practice of the emergency medical services provider profession.

(3) A medical practitioner, or if a medical practitioner is unavailable, a health professional, shall determine whether the conveyance of a person is to be effected by a peace officer or other authorized person based on an assessment of the person’s condition, the risk of harm posed by the person to himself or herself or to any other person, and any other factor considered appropriate.

3.

(1) If, under the Act, a certificate, authorization or statement is issued authorizing the apprehension of a person or conveyance of a person to a designated facility or other location, the director of the designated facility or the medical practitioner or health professional who issued that certificate, authorization or statement may provide to the person who is to effect the apprehension or conveyance a summary statement setting out information relevant to the apprehension or conveyance of the person or the detention or control of the person for the purposes of apprehension or conveyance.

(2) On the arrival of the person at a designated facility or other location, the person effecting the apprehension or conveyance shall provide the summary statement to the person who accepts custody of the person.

(3) For the purposes of the apprehension or conveyance of a person under the Act, or the detention or control of a person for those purposes, the recipient of a summary statement described in subsection (1) may rely on the accuracy of the information contained therein.

Extension of Time

4.

(1) If it is not possible to convey a person to a health facility for examination within 24 hours after the person is apprehended, the time specified in subsection 12(3) of the Act for the expiration of authority to convey the person to a health facility and detain the person is extended for an additional 72 hours.

(2) If it is not possible to convey an involuntary patient to a health facility within 24 hours after the patient is apprehended, the time specified in subsection 52(3) of the Act for the expiration of authority to convey an involuntary patient to a health facility is extended for an additional 72 hours.

Conveyance of Person

5.

A peace officer authorized under the Act to convey a person to a designated facility or other location, other than a peace officer referred to in subsection 90(1) of the Act,

(a) may take reasonable measures, including the use of physical restraint, for the conveyance of the person; and

(b) shall

(i) as soon as practicable, convey the person to the designated facility or other location,

(ii) convey the person by the least intrusive means possible without compromising the safety of the person or the public, and

(iii) remain with the person or arrange for a peace officer to do so until the person’s arrival at the designated facility or other location, or until an authorized person accepts custody of the person being conveyed.

6.

A person being conveyed under the authority of the Act to a designated facility or other location, must be supervised at all times by a peace officer or authorized person.

7.

(1) If it is not possible to convey a person directly to a designated facility or other location because of matters relating to the arrangement or scheduling of transportation, transportation delays, stopovers during travel or other matters causing a delay, the person may be temporarily detained in accordance with subsection (2) pending or during conveyance.

(2) The detention referred to in subsection (1) must take place at

(a) a health facility with sufficient facilities and staff to ensure the well-being and safety of the person and the safety of other persons;

(b) if a health facility described in paragraph (a) is unavailable,

(i) a detachment of the Royal Canadian Mounted Police with sufficient facilities and staff to ensure the well-being and safety of the person and the safety of other persons, or

(ii) another location with sufficient facilities and staff to ensure the well-being and safety of the person and the safety of other persons; or

(c) if no health facility or location described in paragraphs (a) and (b) is available, the location that best serves the well-being of the person, taking into consideration the safety of the person and other persons.

(3) For greater certainty, subsection (1) does not authorize a temporary detention for a period that exceeds the period authorized under the Act or these regulations.

8.

In the event of a delay and the temporary detention of a person pending or during the person’s conveyance to a designated facility or other location, the person responsible for the care and control of that person shall

(a) contact the director of the designated facility or other location and provide the following information:

(i) the reason for the delay,

(ii) the location of temporary detention,

(iii) the expected date and time of departure from the location of temporary detention,

(iv) the expected date and time of arrival at the designated facility or other location; and

(b) provide the person with the opportunity to contact a family member, health professional or other person.

Transfer Contact Person

9.

An agreement referred to in paragraph 23(1)(b) of the Act to admit a transferred patient, must include the name, title and contact information for the person at the receiving facility who will be the main contact during the transfer.

Transfer Notification

10.

Within 24 hours after issuing a certificate under subsection 24(1) of the Act authorizing the transfer of an involuntary patient to a psychiatric facility or hospital outside the Northwest Territories, the director of a designated facility shall forward a copy of the certificate to the Director of Mental Health appointed under subsection 14(1) of the Mental Health General Regulations.

Use of Physical Restraint

11.

(1) A person who uses physical restraint during the care, observation, examination, assessment, treatment or supervision of a patient, shall record that fact and the reasons for the use of the restraint.

(2) In the event that physical restraint is used for the apprehension and conveyance of a person under paragraph 90(1)(a) or 94(a) of the Act or under paragraph 5(a) of these regulations, the person responsible for the intake of that person shall record that fact and the reasons for the use of the restraint.

Commencement

12.

These regulations come into force on the day on which the Mental Health Act, S.N.W.T. 2015, c.26, comes into force.