In this regulation:
Act means the Mental Health Act;
chair means a chair of a review panel appointed under section 24.1 (2) (c) of the Act;
health authority means
a board designated under the Health Authorities Act,
a board of a hospital as defined by section 1 of the Hospital Act, or
any other governing body of a designated facility;
review panel means a review panel appointed under section 24.1 (2) of the Act;
review panel office means the office having the following address:
302 — 960 Quayside Drive New Westminster BC V3M 6G2 Tel: 604-660-2325 Fax: 604-660-2403.
The prescribed period for the purposes of the definition of "resident of British Columbia" in section 1 of the Act is 3 months.
The prescribed period for the purposes of section 22 (7) of the Act is 5 days.
The health authority responsible for the operation of a designated facility must appoint a person as director of the facility.
The daily charge for long term care, treatment and maintenance of a person who is admitted under section 20 of the Act to a Provincial mental health facility, in respect of persons who have attained the age of 19 years, must be calculated as follows and rounded down to the nearest dime: where OAS = the monthly dollar amount of the federal Old Age Security pension; GISs = the maximum monthly dollar amount of the federal Guaranteed Income Supplement for a single person.
For the purposes of calculating a daily fee under this section
the year is divided into 4 quarters beginning on February 1, May 1, August 1 and November 1 respectively, and
the fee for a day is calculated on the basis of the OAS and GISs as they stand on the first day in the quarter in which the day falls.
The director must ensure that copies of the following are posted in a conspicuous place that is accessible to patients in the designated facility:
the Act;
Forms 13.1 and 14.1.
Repealed. [B.C. Reg. 157/2025, Sch. 2, s. 1.]
Despite section 47 of the Act, a director is authorized not to give a notice of event to a rights advice service with respect to a patient if both of the following conditions are met:
the patient is on leave under section 37 of the Act;
the director has given to the patient sufficient information to enable the patient to contact a rights advice service.
For the purposes of subsection (1) (b), the director must do both of the following:
give the information in writing or another form appropriate to the patient's skills and abilities;
make reasonable efforts to ensure that the patient is able to understand the information given.
In this section:
facility means the designated facility in or through which the patient is receiving treatment;
hearing means a hearing by a review panel under section 25 of the Act;
patient means a person entitled to a hearing.
A hearing may be requested only after a second medical certificate respecting the patient is received by the director under section 22 (2) of the Act.
A request for a hearing must be delivered to the director.
On receiving a request for a hearing, the director must deliver it to the review panel office, and if delivered by facsimile or other electronic means, a paper copy must also be delivered.
The prescribed time for the purposes of section 25 (1) (a) of the Act is 14 days after the request for a hearing is delivered to the review panel office.
The prescribed time for the purposes of section 25 (1) (b) and (c) of the Act is 28 days after the request for a hearing is delivered to the review panel office.
A patient who requests a hearing, or a person who requests a hearing on behalf of a patient, must be given at least 2 clear days' notice of the hearing.
Repealed. [B.C. Reg. 132/2005, s. 1 (b).]
The director must give written notice to the review panel office of any patient to whom section 25 (1.1) of the Act applies.
At the request of a chair, the director must deliver to the chair a copy of the treatment record of a patient referred to in subsection (1).
For the purposes of a review under section 25 (1.1) of the Act, a chair may discuss the patient's treatment and care needs with
the patient's treating physician, or
any other health professional who is providing, or has provided, treatment or care to the patient.
If a hearing is ordered under section 25 (1.1) of the Act respecting a patient, the patient may cancel the hearing at any time before the hearing begins.
An examination for the purposes of a second medical opinion requested under section 31 (2) of the Act must be completed as soon as reasonably practicable after the director receives the request.
A physician who provides a second opinion under section 31 (2) of the Act
is not required to have a permit to practise in the designated facility in or through which the patient is detained,
must be given reasonable access to the patient and the patient's treatment record kept by the designated facility, and
must be given a reasonable opportunity to discuss the patient's treatment and care needs with the patient's treating physician.
A second medical opinion must be delivered to the director no later than 2 clear days after the examination referred to in subsection (1) is completed.
A designated facility is not required to reimburse a patient, or a person acting on behalf of a patient, for expenses incurred by the patient or person in connection with obtaining a second medical opinion under section 31 (2) of the Act.
Authorization in the form referred to in subsection (1) is not required if a patient is released on leave on conditions that include a requirement that the patient return to the designated facility in a period of 14 days or less after the date of release.
The director may, in writing, authorize a physician to exercise any of the following powers or carry out any of the following duties in relation to a patient released on leave:
care, supervision, treatment, maintenance or rehabilitation of the patient;
completion of a medical report to authorize renewal of the patient's detention;
amending the patient's conditions of leave;
recalling the patient;
discharging the patient.
A physician authorized under subsection (3) need not have a permit to practise in the designated facility.
A patient may not be recalled unless a director referred to in section 39 of the Act, or a physician authorized by the director, is satisfied from an examination of the patient, personal observations or information received that the patient
requires treatment in a designated facility,
requires care, supervision and control in a designated facility to prevent the patient's substantial mental or physical deterioration or for the protection of the patient or the protection of others, and
will not voluntarily return to a designated facility.
A judge or justice of the peace referred to in section 28 (3) of the Act may order that an application under that section may be made without using the form specified under section 11 (9) of this regulation for that application.
If a judge or justice of the peace referred to in section 28 (3) of the Act is satisfied that public knowledge of an application under that section could reasonably be expected to result in a significant risk of harm to any person's safety or mental or physical health, the judge or justice may order that the application must not be disclosed to any person other than a person authorized by a designated facility to which the person who is the subject of the application is or may be admitted.
An application for admission to a designated facility under section 20 of the Act must be in Form 1.
A consent for treatment for a patient admitted to a designated facility under section 20 of the Act must be in Form 2.
A medical report on the review of continued hospitalization of a person under 16 years of age under section 20 of the Act must be in Form 3.
Repealed. [B.C. Reg. 17/2023, Sch., s. 1 (a).]
A medical certificate under section 22 (1) of the Act must be in Form 4.1.
A medical certificate under section 22 (2) of the Act must be in Form 4.2.
A consent for treatment for a patient admitted under section 22, 28, 29 or 42 of the Act must be in Form 5.
A medical report to authorize renewal of detention under section 24 (2) of the Act must be in Form 6.
An application for a hearing under section 25 of the Act must be in Form 7.
A review panel determination under section 25 of the Act must be in Form 8.
Subject to section 10 (1) of this regulation, an application under section 28 (3) of the Act must be in Form 9.
A warrant under section 28 (4) of the Act must be in Form 10.
A request under section 31 (2) of the Act must be in Form 11.
A second medical opinion under section 31 (2) of the Act must be in Form 12.
A notice under section 34 of the Act must be in Form 13.1.
A notice under section 34.1 of the Act must be in Form 14.1.
A nomination of a near relative for the purposes of section 34.2 of the Act must be in Form 15.
A notice under section 34.2 (1) of the Act must be
in Form 16.2, in the case of the near relative of a patient referred to in section 34.2 (1) (a) of the Act, or
in Form 16.1, in the case of the near relative of a patient referred to in section 34.2 (1) (b) of the Act.
A notice under section 34.2 (2) (a) of the Act must be in Form 17.
A notice under section 34.2 (2) (b) of the Act must be in Form 18.
A notice under section 34.2 (3) of the Act must be in Form 18.1.
A certificate of discharge under section 36 of the Act must be in Form 19.
Subject to section 9 (2) of this regulation, an authorization for release on leave under section 37 of the Act must be in Form 20.
A warrant under section 39 or 41 of the Act must be in Form 21.
Repealed. [B.C. Reg. 257/2023.]
A notice of event under section 47 of the Act must be in Form 22.
Form 1 Request for Admission (Voluntary Patient) Form 2 Consent for Treatment (Voluntary Patient) Form 3 Medical Report (Examination of a Person Under 16 Years of Age, Admitted at Request of Parent or Guardian) (Renewal Certificate) Form 4 Repealed. [B.C. Reg. 257/2023.] Form 4.1 [en. B.C. Reg. 17/2023, Sch., s. 1 (c).] First Medical Certificate (Involuntary Admission) Form 4.2 [en. B.C. Reg. 17/2023, Sch., s. 1 (c).] Second Medical Certificate (Involuntary Admission) Form 5 [en. B.C. Reg. 234/2025.] Consent for Treatment (Involuntary Patient) Form 6 Medical Report on Examination of Involuntary Patient (Renewal Certificate) Form 7 [en. B.C. Reg. 157/2025, Sch. 1, s. 5.] Application for Review Panel Hearing Form 8 Review Panel Determination Form 9 Application for Warrant (Apprehension of Person with Apparent Mental Disorder for Purpose of Examination) Form 10 [en. B.C. Reg. 180/2025.] Warrant (Apprehension of Person with Apparent Mental Disorder) Form 11 Request for Second Medical Opinion Form 12 Medical Report (Second Medical Opinion) Form 13 Repealed. [B.C. Reg. 157/2025, Sch. 2, s. 3.] Form 13.1 [en. B.C. Reg. 157/2025, Sch. 1, s. 5.] Your Rights Under the Mental Health Act as an Involuntary Patient Form 14 Repealed. [B.C. Reg. 157/2025, Sch. 2, s. 3.] Form 14.1 [en. B.C. Reg. 157/2025, Sch. 1, s. 5.] Your Rights Under the Mental Health Act as a Patient Under Age 16 Admitted on Request of a Parent or Guardian Form 15 [am. B.C. Reg. 132/2005, s. 1 (d).] Nomination of Near Relative Form 16 Repealed. [B.C. Reg. 157/2025, Sch. 2, s. 3.] Form 16.1 [en. B.C. Reg. 157/2025, Sch. 1, s. 5.] Notification to Near Relative of Admission of Involuntary Patient Form 16.2 [en. B.C. Reg. 157/2025, Sch. 1, s. 5.] Notification to Near Relative of Admission of Patient Under Age 16 on Request of a Parent or Guardian Form 17 Notification to Near Relative (Discharge of Involuntary Patient) Form 18 [en. B.C. Reg. 224/2012, s. (c).] Notification to Near Relative (Request for a Review Panel Hearing) Form 18.1 [en. B.C. Reg. 224/2012, s. (c).] Notification to Near Relative (Order for a Review Panel Hearing) Form 19 Certificate of Discharge Form 20 Leave Authorization Form 21 Director's Warrant (Apprehension of Patient) Form 22 [en. B.C. Reg. 157/2025, Sch. 1, s. 5.] Request for Rights Advice in Facility