Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
Short title
1. This
Act may be cited as the Secure Withdrawal
Management Act.
Interpretation
2. (1) In
this Act
(a) "alcohol" means alcohol as defined
in the Liquor Control Act;
(b) "child and youth advocate" means the
Child and Youth Advocate appointed under the Child and Youth Advocate Act;
(c) "court" means, unless the context
indicates otherwise, the Provincial Court of Newfoundland and Labrador
and includes a judge of the Provincial
Court;
(d) "department" means the department
presided over by the minister;
(e) "drug" means
(i) alcohol, or
(ii) a substance, other than a tobacco product
(A) the use of which is controlled by law, or
(B) which is used by a young person in a manner
which is not intended by the manufacturer of the substance;
(f) "facility" means a building or part
of a building designated by the minister in the regulations as a secure withdrawal
management facility;
(g) "guardian" means a person, including
a manager appointed under the Children
and Youth Care and Protection Act, to
whom custody of the young person has been granted by a court of competent
jurisdiction or by an agreement;
(h) "judge" means, unless the context
indicates otherwise, a Provincial
Court judge appointed under the Provincial
Court Act, 1991, and includes the chief judge;
(i) "manager" means a manager of a
facility and includes his or her lawful delegates;
(j) "minister" means the minister
appointed under the Executive Council Act
to administer this Act;
(k) "parent" means
(i) the custodial mother or father of a young person,
or
(ii) the non-custodial parent of a young person who
regularly exercises or attempts to exercise rights of access;
(l) "peace officer" means a member of
the Royal Canadian Mounted Police, a member of the Royal Newfoundland
Constabulary, or a person approved by the Attorney General to perform the
duties of a peace officer;
(m) "rights advisor" means a rights advisor
appointed by the minister under section 19;
(n) "secure withdrawal management" means
care, support and medical treatment of a young person with drug addiction detained
in a facility during a drug-free period in a safe and secure environment which would
allow the young person to decide, while not under the acute influence of drugs,
whether to accept treatment for drug addiction; and
(o) "young person" means a person who is
12 years of age or over but under 18 years of age.
(2) Notwithstanding paragraph (1)(o), where a young
person reaches the age of 18 years during the time he or she is detained under
the authority of an order made under this Act, the order is not invalidated and
it shall continue in force until it expires or the young person is otherwise
released in accordance with this Act.
(3) A person who has a duty to inform or to advise
under this Act satisfies that duty by informing or advising another to the best
of his or her ability and in a manner that addresses the special needs of the
person receiving the information or advice, whether or not that person
understands the information or advice.
(4) A facility is not
(a) a psychiatric unit for the purpose of the Mental Health Care and Treatment Act; or
(b) a youth custody facility for the purpose of
the Youth Criminal Justice Act (Canada).
PART I
PURPOSE AND GENERAL PRINCIPLE
Purpose and
effect
3. (1) The
purpose of this Act is
(a) to provide for the assessment, treatment, care
and supervision of young persons with drug addiction and to provide a secure
place for those young persons to withdraw from drugs and to receive medical and
other treatment required for withdrawal from drugs;
(b) to prevent young persons with drug addiction
from causing harm to themselves or another, from suffering substantial mental
health or physical deterioration or serious mental or physical impairment;
(c) to provide for the apprehension, conveyance, detainment,
custody, restraint, observation, assessment, medical treatment, stabilization, care
and supervision of young persons by means that are the least restrictive and
intrusive for the achievement of the purposes set out in paragraphs (a) and
(b); and
(d) to provide for the rights of young persons
apprehended, detained, restrained, admitted, assessed, treated, stabilized, cared
for and supervised under this Act.
(2) Nothing in this Act shall be considered to
affect the rights or privileges of a young person except as specifically set
out in this Act.
(3) The rights and obligations of a parent or
guardian with respect to a young person under the common law, the Children and Youth Care and Protection Act or
under another Act of the Legislature are not affected by the coming into force
of this Act, except as specifically provided in it.
(4) The parent or a guardian of a young person who
is the subject of a secure withdrawal management order under this Act at all
times retains the right to be consulted and informed of any medical treatment
or care related to the withdrawal from drugs provided to a young person under
the authority of this Act.
General principle
4. (1) This
Act shall be interpreted and administered in accordance with the principle that
the overriding and paramount consideration in a decision made under this Act
shall be the best interests of the young person.
(2) In determining a young person's best
interests, all relevant factors shall be considered, including
(a) the young person's safety, health and
well-being;
(b) the young person's physical, emotional and
developmental needs;
(c) the young person's relationship with family or
a person significant to the young person;
(d) the young person's identity and cultural and
community connections; and
(e) the young person's opinion regarding his or
her medical treatment, care and the provision of services.
PART II
ORDERS RESPECTING SECURE WITHDRAWAL MANAGEMENT
Admission only on
order
5. A
young person may only be admitted to and detained in a facility for a period of
secure withdrawal management under the authority of an order under this Act.
Secure withdrawal
management order
6. (1) A
manager may apply to court for a secure withdrawal management order where the
manager reasonably believes, based on all relevant information including
information from health care professionals, that a young person satisfies all
of the criteria referred to in subsection (4).
(2) A manager shall obtain the consent of the
young person's parent or guardian before making an application under subsection
(1), and where the consent of one parent or guardian has been obtained, the
court may dispense with the consent of any other parent or guardian of the
young person.
(3) An application may be made under this section
without notice to another person and may be joined with another application that
may be made under this Act.
(4) All of the following shall be met for an order
for secure withdrawal management to be made:
(a) the young person is abusing one or more drugs
severely and persistently and, as a result, is likely to deteriorate substantially
either physically or psychologically;
(b) the young person is likely to cause harm to
himself or herself or others if he or she is not detained for a period of secure
withdrawal management;
(c) a period of secure withdrawal management is
likely to reduce the risk of the young person causing harm to himself or
herself or to another person or from suffering substantial physical or
psychological deterioration;
(d) the young person is in need of a period of
secure withdrawal management to facilitate the young person's supervised
withdrawal from drugs;
(e) the young person is unable to fully appreciate
the nature and consequences of his or her drug addiction or to make an informed
decision regarding cessation of drug abuse and the need for treatment related
to withdrawal from drugs;
(f) other available interventions are inadequate
in the circumstances; and
(g) the order is in the best interests of the
young person.
(5) Before a judge makes a determination whether
to issue a secure withdrawal management order, the judge may order that the
young person who is the subject of the application be apprehended by a peace
officer under the authority of section 10 and
conveyed to a medical facility or another facility prescribed in the
regulations for the purpose of conducting an assessment to determine if that
young person meets the criteria referred to in paragraph (4)(e).
(6) An assessment to determine whether a young
person satisfies the requirements of paragraph (4)(e) shall be conducted by a
physician, an addictions specialist or another person approved by the minister
in the regulations.
(7) The detainment of a young person under the authority
of an order made under subsection (5) shall not exceed 24 hours.
Order by judge
7. (1) Where
a judge is satisfied that the young person who is the subject of the
application for a secure withdrawal management order satisfies all of the
criteria referred to in subsection 6(4), the
judge may grant a secure withdrawal management order and order that the young
person who is the subject of the order be
(a) apprehended; and
(b) conveyed to a facility and detained there
until released in accordance with the order.
(2) An order for secure withdrawal management shall
be made for not less than 5 days and not more than 10 days.
(3) A secure withdrawal management order issued
under the authority of this Act
(a) authorizes a peace officer to apprehend a
young person in the manner referred to in section 10;
and
(b) authorizes the provision of support and assistance,
including medical treatment, to a young person that is reasonably necessary for
the young person to safely withdraw from drugs.
(4) In addition to making an order for secure
withdrawal management, a judge who is satisfied on oath or affirmation that
there are reasonable grounds to believe that a young person is or will be
present in the premises named in the order may make an order authorizing a
peace officer to enter the premises, by reasonable force if necessary, and
search for the young person who is the subject of the order for secure
withdrawal management.
(5) A peace officer shall apprehend, convey and
detain a young person.
(6) Notwithstanding subsection (5), nothing in
this section precludes a parent, guardian or other person authorized by the
court from conveying a young person to a facility or another appropriate place
set out in the regulations.
(7) Where
a young person who is the subject of a secure withdrawal management order
absconds from a facility and it is not known whether that young person is
present at the premises referred to in the original secure withdrawal management
order, a judge who is satisfied on oath or affirmation that there are
reasonable grounds to believe that the young person will be present at a
premises other than the one referred to in the original secure withdrawal
management order may make an order authorizing a peace officer to enter that
other premises, by reasonable force if necessary, and search for the young
person.
(8) An order under subsection (7) authorizes a
peace officer to apprehend a young person in the manner referred to in section 10.
Notice
8. (1) Where
an application for an order or an application for renewal of an order is made,
notice shall be served on the following persons:
(a) the young person respecting whom the
application is made;
(b) the parent or guardian of the young person; and
(c) those other persons that the court may direct.
(2) Where an order is made further to an
application or an application for renewal, the persons referred to in
subsection (1) shall be given a copy of that order.
Process
9. (1) An
application for a secure withdrawal management order shall be in writing, in a form
approved by the minister.
(2) Where it would not be practical to appear in
person before a judge to apply for an order, the court may consider an application
by telephone, videoconference or other means of telecommunication.
(3) A manager who submits an application in the
manner contemplated in subsection (2) shall
(a) have the application and any other documents
used in evidence in his or her possession while speaking with the judge on the
telephone or other means of telecommunication;
(b) communicate the contents of the application
and other documents to the judge by telephone or by other means of
telecommunication satisfactory to the judge; and
(c) send the application and other documents to
the judge promptly in the manner prescribed in the regulations.
(4) The court may administer an oath to a person
and receive the person's evidence by telephone if the oath and evidence are
recorded word for word.
(5) Notice of the time and place of a hearing of
an application shall be served not later than 2 clear days after the date for
holding the hearing is obtained from the court.
Peace officer's
authority re: order
10. (1) An
order under this Act is authority for a peace officer to apprehend the young
person named in the order and to convey him or her to a facility or an
appropriate place.
(2) A peace officer is authorized to enter, by
reasonable force, any premises referred to in subsection 7(4) as authorized by an order made under that
subsection, to search for, apprehend, detain and convey the young person to a
facility or an appropriate place.
(3) A young person who is apprehended and detained
under a secure withdrawal management order shall be conveyed to a facility or
an appropriate place as soon as practicable and by the least intrusive means possible
without compromising the safety of that young person or the public.
(4) When the peace officer apprehends the young
person, the peace officer shall promptly inform the young person
(a) of the reason for the apprehension and where
he or she is being taken;
(b) that he or she is being taken to a facility
for a period of secure withdrawal management;
(c) that he or she has the right to contact a
parent or guardian; and
(d) that he or she has the right to retain and
instruct counsel without delay, and the peace officer shall give the young
person a reasonable opportunity to do so.
(5) Where a young person has been detained in a
facility or an appropriate place under the authority of an order but he or she
absconds from that facility or an appropriate place, a peace officer may, under
the authority of the original order or an order granted under the authority of
subsection 7(7), exercise the powers and duties
under this section to apprehend the young person and return him or her to the
facility or an appropriate place.
(6) Where a young person has absconded from a facility
or an appropriate place and is not apprehended, the order to which that young
person is subject shall expire 7 days after the day the young person absconded
and the young person shall be considered to have been discharged from the
facility or the appropriate place.
Admission to medical
facility
11. (1) Notwithstanding
subsection 10(3), where an order has been made
by a judge but, in the opinion of a physician the young person who is named in
the order requires medical treatment or other health care services that cannot
be provided in a facility, the young person may be detained and treated at
another place and shall be admitted to the facility when the treatment is
concluded, provided that the period of secure withdrawal management authorized
by the order has not expired.
(2) Where a young person is detained in another
place under subsection (1), the person in charge of the place where the young person
is detained has, in addition to the powers conferred upon him or her by an Act
respecting that place, the powers and duties of a manager under this Act in
respect of the custody and control of the young person and the young person
shall be considered to continue as detained under an order made under this Act
in the same manner and to the same extent as if he or she were detained in a facility.
Young person not
apprehended
12. Where
an order has been made under this Act but the young person who is the subject
of the order is not apprehended under the authority of that order within 7
days, the order is rescinded at the end of the seventh day after it was issued.
Renewal of secure
withdrawal management order
13. (1) Before
the expiration of a secure withdrawal management order, a manager may apply to
court, with the consent of the young persons parent or guardian for the
renewal of that order where the manager reasonably believes that the young
person satisfies all of the criteria referred to in subsection (2), and where a
judge is satisfied that the young person does satisfy all of those criteria,
the judge may grant a renewal of the secure withdrawal management order.
(2) The criteria which shall be considered
respecting an application for and granting of the renewal of a secure withdrawal
management order are as follows:
(a) all of the criteria referred to in subsection 6(4), with the necessary changes, continue to be satisfied;
(b) the young person continues to require
supervision during withdrawal from a drug;
(c) the young person has not engaged in an
appropriate care and treatment plan; and
(d) without a secure environment, the young person
is still at risk of harm to self or others.
(3) An order for secure withdrawal management may
be renewed for an additional period of up to 10 days, and this Act applies as
if the renewal order were a new order.
Renewal of orders
generally
14. (1) An
order for secure withdrawal management may only be renewed once.
(2) An application for the renewal of a secure withdrawal
management order does not affect a validly made order for secure withdrawal management
which has not expired at the time the application for renewal is made.
(3) There is no limit to the number of
applications which may be made or the number of times an order for secure
withdrawal management may be granted under this Act.
Expiration of
orders
15. An
order for secure withdrawal management expires at the end of the time period
referred to in it unless, before then, it is
(a) rescinded in accordance with section 12;
(b) renewed under section 13; or
(c) terminated
(i) by a manager under a written authorization in
the order for secure withdrawal management, or
(ii) by decision of an appeal court under section 22.
Calculation of time
where young person absconds
16. Where
a young person who has been detained in a facility under an order for secure withdrawal
management absconds from the facility and is apprehended and returned to the
facility,
(a) the young person may be detained for the
remainder of the authorized period of secure withdrawal management to which the
young person was subject when his or her absence was discovered; and
(b) the time during which he or she was absent
from the facility shall not be calculated as detained time for the purpose of
the order.
Rights of young
person
17. (1) As
soon as practicable, but no later than 12 hours after the young person arrives
at a facility or an appropriate place, a manager shall advise that young person
of his or her rights including the following:
(a) the right to contact a parent or guardian;
(b) the right to retain and instruct a lawyer, and
a manager shall give the young person a reasonable opportunity to do so;
(c) the telephone number for a lawyer;
(d) the telephone number for the child and youth advocate;
(e) the right to contact a rights advisor;
(f) the telephone number of a rights advisor;
(g) the right to be advised of the reasons for the
order to which the young person is subject;
(h) the right to be provided with the appropriate
medical treatment reasonably necessary to withdraw from drugs while at a facility
or an appropriate place; and
(i) the right to appeal the order for secure withdrawal
management.
(2) A young person shall be provided with a copy
of the order to which he or she is subject.
(3) Where the young person does not appear able to
understand the information provided under this section at the time it is
provided, the manager shall ensure that the information is repeated at the request
of the young person and again as soon as the young person appears able to
understand it.
Procedural rights
of detained young person
18. (1) A
young person who has been detained under a secure withdrawal management order
shall not be denied
(a) the right to consult and instruct his or her
legal counsel in private at any time either in person or by other means;
(b) access to a telephone to make or receive
calls;
(c) access to his or her parents or guardians at
all reasonable times;
(d) access to visitors during scheduled visiting
hours;
(e) access to a rights advisor; and
(f) access to materials and resources necessary to
write and send correspondence, including electronic correspondence, and reasonable
access to correspondence that has been sent to the young person.
(2) The rights referred to in paragraphs (1)(b) to
(f) may be subject to the reasonable limits that are prescribed in the
regulations.
(3) A manager shall ensure that a young person is
provided, at the time of admission, with an oral explanation of, and a written
statement setting out, the rights referred to in subsection (1) and that a notice
of those rights is prominently displayed in the facility.
(4) Where a young person does not understand or
speak the language in which the information referred to in this section is
provided, the manager shall ensure that the young person is provided with the
assistance of an interpreter.
Rights advisor
19. (1) The
minister may appoint one or more rights advisors in accordance with the
regulations.
(2) A rights advisor shall not be a person who is
(a) involved in the direct care of the young
person to whom the rights advice is to be given; or
(b) providing care and supervision in accordance
with an order made under this Act.
Functions of rights advisor
20. (1) The
rights advisor may offer advice and assistance in accordance with this Act to a
young person who is the subject of an order for secure withdrawal management.
(2) The rights advisor shall
(a) meet in person or by other means as soon as
possible with a young person and in any event within 24 hours of the young persons
arrival at a facility or other appropriate place or within 24 hours of a
renewal of an order and meet after that at the request of the young person or
as required by this Act or the regulations;
(b) contact a young person within 72 hours of the
meeting referred to in paragraph (a) unless the young person contacts the
rights advisor first;
(c) explain the significance of an order for
secure withdrawal management or the renewal of an order for secure withdrawal
management to the young person who is subject to the order;
(d) explain the young person's rights under this
Act, including the young person's right to appeal the order to which he or she
is subject;
(e) communicate information in a neutral,
non-judgmental manner;
(f) maintain confidentiality;
(g) at the request of the young person, assist the
young person in contacting the child and youth advocate;
(h) at the request of the young person, assist the
young person in obtaining legal counsel;
(i) at the request of the young person, accompany
the young person to court for a proceeding under this Act;
(j) meet with the parent or guardian of a young
person who is subject to a secure withdrawal management order where so
requested by the parent or guardian; and
(k) perform other functions prescribed by the
regulations.
Notice to rights
advisor
21. A
manager shall ensure that the rights advisor is given notice
(a) of an order detaining a young person in a
facility;
(b) of the cancellation, expiration, variation or
renewal of an order for secure withdrawal management and the release of a young
person from a facility;
(c) of an appeal to the court under section 22;
(d) where a young person absconds from a facility;
and
(e) where a young person is treated in a medical
facility under section 11.
Appeal
22. (1) An
application to the Trial Division to appeal a decision of the court under this
Act may be made by
(a) the young person respecting whom the order was
made;
(b) the manager; or
(c) any other person, with leave of the court.
(2) An
appeal to the court shall be heard within 2 clear days after the application to
appeal is filed, or within any shorter or longer period that may be ordered by
the court, taking into consideration the period of secure withdrawal management
authorized in the order.
(3) The
applicant shall give notice of the appeal to the following:
(a) the young person respecting whom the order was
made;
(b) the parent or guardian of the young person;
(c) the manager; and
(d) any other person that the court requires to be
given notice.
(4) Notice of the time and place of a hearing of
an appeal shall be served not later than one day after the date for holding the
hearing is obtained from the court.
(5) Where
the court is satisfied that it is appropriate to do so, the court may dispense
with notice to a person referred to in subsection (3).
(6) After
hearing an appeal under this section, the court may make an order varying, confirming
or terminating the order.
(7) A copy of an order made further to an appeal
under this section shall be given to the persons referred to in subsection 8(1), or otherwise as the court may direct.
(8) An appeal under this section does not stay the
order being appealed unless the Trial Division orders otherwise.
Manager may
authorize absence
23. (1) Where
a young person has been admitted to a facility under an order for secure withdrawal
management, the young person may only be absent from the facility for medical or
compassionate reasons
(a) where his or her parent or guardian has
consented to the absence; and
(b) where the absence has been approved by the
manager.
(2) A copy of the authorization to be absent shall
be given to the young person, and to his or her parent or guardian.
(3) Where an absence is authorized under
subsection (1),
(a) the order for secure withdrawal management is
unaffected and the provisions of this Act continue to apply, with the necessary
changes, to a young person whose absence has been authorized under that subsection;
and
(b) the time period for which the order for secure
withdrawal management has been made is unaffected by the young person's
absence.
Release of young
person
24. (1) Where
an authorized period of secure withdrawal management has expired and a renewal order
has not been issued, the manager shall ensure that the young person is promptly
informed that his or her status as a young person subject to a secure
withdrawal management order is terminated and that he or she has the right to
leave the facility, subject to a detention that is lawfully authorized under another
Act.
(2) Where an authorized period of secure
withdrawal management has expired and a renewal order has not been issued the manager
of a facility shall release the young person as soon as reasonably possible,
(a) to the young person's parent or guardian; or
(b) with the consent of the young persons parent
or guardian, to another responsible adult as determined in accordance with the
regulations.
Ongoing
assessment
25. (1) Notwithstanding
another provision of this Act, during a period of secure withdrawal management
authorized by a secure withdrawal management order, a manager shall
(a) require the assessment of a young person on an
ongoing basis; and
(b) require the assessment of the young person at
the young person's request, except where an assessment has been conducted in
the immediately preceding 24 hours,
in order to determine whether the criteria
set out in section 13 continue to be met.
(2) Where, as a result of an assessment referred
to in subsection (1), the manager is satisfied that the criteria referred to in
section 13 do not continue to be met,
(a) the manager shall make an application for
termination of the order; or
(b) where authorized to do so in the order, the
manager shall release the young person, subject to this Act and a detention
that is lawfully authorized under another Act.
(3) A copy of the authorization for release shall
be given to the young person and his or her parent or guardian.
(4) An authorization to release shall be in
writing.
(5) An authorization to release terminates the
order only where authorized to do so under the order.
(6) This section applies, with the necessary
changes, to new orders and renewal of secure withdrawal management orders under
this Act.
PART III
PROCEEDINGS
Proceedings and
evidence
26. (1) A
proceeding under this Act
(a) is civil in nature;
(b) may be as informal as a judge may allow; and
(c) shall be held in private, unless otherwise
ordered by the judge.
(2) In a proceeding under this Act, a judge may
admit and act upon
(a) the evidence, including hearsay, that the
judge considers relevant and reliable in the circumstances;
(b) an oral statement which has been video-taped;
(c) a written statement;
(d) a report the judge considers relevant,
including a transcript, exhibit or finding in an earlier civil or criminal
proceeding; and
(e) evidence taken at a prior proceeding under
this Act or under a similar statute.
(3) Unless otherwise specified in this Act, the Provincial
Court
Family Rules, 2007 apply to a proceeding under this Act.
Appearance in court
27. A
manager may appear in court in respect of a matter arising under this Act.
Application to be
heard
28. A
person significant to a young person including that young persons parent or
guardian may apply to be heard at a proceeding under this Act.
Publication ban
29. (1) A
person shall not, with respect to a proceeding under this Act, publish or make
public information that has the effect of identifying
(a) a young person who is a witness at or a
participant in a proceeding or who is the subject of a proceeding;
(b) the young person's parent or guardian; or
(c) a member of the young person's family.
(2) A person who contravenes subsection (1) is
guilty of an offence and is liable on summary conviction to a fine not exceeding
$2,000.
Participation by young
person
30. A
young person who is the subject of a proceeding under this Act is a party to
that proceeding and, in addition to his or her rights as a party, where the
young person requests that his or her views be known at the proceeding, a judge
shall allow the young person to participate in one or more of the following
ways:
(a) by meeting with the young person with or without
the other parties and their legal counsel;
(b) by permitting the young person to testify at
the proceeding;
(c) by considering written material submitted by
the young person; or
(d) by allowing the young person to express his or
her views in some other way.
Variation of
notice requirements
31. A
judge may
(a) shorten the time period to serve a notice
under this Act; or
(b) dispense with a requirement to serve notice of
a proceeding under this Act.
Service of documents
32. (1) Where
a manager or another person is required under this Act to serve a document,
service shall be made by personally serving a copy of the original document on
the person to be served.
(2) Where it is impractical to personally serve a
document on a person, the document may be served in another manner permitted by
the Rules of the Supreme Court, 1986
or the Provincial Court Family Rules, 2007.
(3) Personal service under subsection (1) may be
proved by a written or oral statement under oath by the person who served the
document.
PART IV
GENERAL
Care and
treatment plan
33. While
a young person is detained in a facility, the manager shall
(a) provide the young person with the treatment, care,
supervision and services that are considered appropriate in the circumstances
in keeping with the purpose of this Act and the order to which the young person
is subject;
(b) provide for ongoing assessments of the young
person by a person referred to in subsection 6(6)
or the regulations made by the minister; and
(c) develop, in collaboration with the young
person if reasonably possible, a care and treatment plan that the young person
may follow after he or she is released from the facility.
Confidentiality
of information
34. (1) A
person employed in the administration of this Act shall maintain
confidentiality with respect to all matters that come to his or her knowledge
in the course of that person's employment and shall not communicate the matters
to another person, including a person employed by the government, except as
provided in subsection (2).
(2) Notwithstanding subsection (1) and the Personal Health Information Act, a
manager may disclose information
(a) to the parent or guardian of the young person
or to another person, where that disclosure is, in the opinion of the manager,
in the best interests of the young person to whom the information relates; or
(b) as otherwise authorized by the regulations.
(3) Subsections (1) and (2) do not preclude the
release of information by a custodian in accordance with the Personal Health Information Act.
(4) Information released under this section shall
only be used for the purpose for which it was released.
(5) The department or an authority as defined in
the Regional Health Authorities Act is
not liable for damages caused to a person
as a result of the release of information under subsection (2).
Protection from
liability
35. A
manager or other person acting under the authority of this Act is not
personally liable for anything done or omitted to be done in good faith in the
exercise or performance, or intended exercise or performance, of
(a) a power, duty or function conferred upon him
or her by this Act; or
(b) a power, duty or function on behalf of or
under the direction of a person on whom the power, duty or function is conferred
by this Act,
or for the costs in connection with an
action or proceeding.
Statutory review
36. The
minister shall, every 5 years, conduct a review of this Act and the principles
on which it is based and consider the areas which may be improved.
Regulations
37. The
Lieutenant-Governor in Council may make regulations
(a) respecting secure withdrawal management orders
and orders which may be made under subsection 7(7),
including governing the procedures for applying for an order, making an order
and appealing an order;
(b) respecting the detainment of a young person
and the manner of assessing that young person in order to make a determination
under subsection 6(5);
(c) respecting the manner in which a manager shall
assess referrals where an application for secure withdrawal management may be
made;
(d) respecting the manner in which documents may
be sent to a judge under section 9;
(e) respecting the issuance and content of secure withdrawal
management orders;
(f) respecting the authority, including the limits
of authority, of peace officers in the apprehension, detainment and conveyance of
young persons under this Act;
(g) respecting the other functions which may be
performed by rights advisors under this Act;
(h) respecting the form and content of a written
authorization to release a young person from a facility;
(i) respecting the manner in which a responsible
adult to whom a young person may be released under section 24 is determined;
(j) respecting the reasonable limits on rights
recognized under this Act;
(k) respecting the manner in which an order for
secure withdrawal management or the denial or renewal of it may be appealed
under this Act;
(l) respecting the confidentiality of information
obtained under this Act, the manner in which it may be shared and with whom;
and
(m) generally, to give effect to the purpose of
this Act.
Regulations
38. The
minister may make regulations
(a) respecting a person who may conduct
assessments referred to in subsection 6(6) and
that persons required qualifications;
(b) respecting the medical or other facility at
which a young person may be detained under the authority of section 6;
(c) designating an appropriate place for
detainment of young persons under this Act; and
(d) designating a building or part of a building
as a facility.
Forms
39. The
minister may set forms for the purpose and administration of this Act.
SNL2008 cP-7.01
Amdt.
40. (1) Paragraph 2(1)(i) of the Personal Health Information Act is repealed
and the following substituted:
(i) "health care facility" means a
facility that provides in-patient health care, including a hospital, a
psychiatric unit under the Mental Health
Care and Treatment Act, a facility under the Secure Withdrawal Management Act, a personal care home, a community
care home, a long-term care home or other facility designated in the
regulations;
(2) Subsection 4(1) of the Act is amended by
adding immediately after subparagraph (n) the following:
(n.1) a rights advisor under the Secure Withdrawal Management Act;
(3) Subsection 29(2) of the Act is amended by
deleting the word "and" at the end of paragraph (b), and by adding
immediately after that paragraph the following:
(b.1) the individual is the subject of a secure
withdrawal management order under the Secure
Withdrawal Management Act; and
(4) Section 34 of the Act is amended by adding
immediately after paragraph (n) the following:
(n.1) where the custodian is a person referred to in
paragraph 4(1)(n.1), for the performance of a
function referred to in section 20 of the Secure Withdrawal Management Act;
(5) Paragraph 37(1)(a) of the Act is amended by
deleting the word "or" at the end of subparagraph (i), deleting the
semi-colon at the end of subparagraph (ii) and substituting a comma and the
word "or", and by adding immediately after that subparagraph the following:
(iii) the individual is subject to a secure
withdrawal management order under the Secure
Withdrawal Management Act; or
(6) Subsection 39(1) of the Act is amended by
adding immediately after paragraph (g) the following:
(g.1) for the purpose of determining whether
criteria under section 6 of the Secure Withdrawal Management Act are
met;
(7) Subsection 40(2) of the Act is repealed and
the following substituted:
(2) A custodian may disclose personal health
information without the consent of the individual who is the subject of the
information to the superintendent of a correctional facility in which the
individual is lawfully detained, to the administrator of a psychiatric unit in
which the individual is detained or to a manager under the Secure Withdrawal Management Act to assist the facility, unit or
manager in making a decision respecting
(a) arrangements for the provision of health care
to the individual who is the subject of the information; or
(b) the placement of the individual into custody,
detention, secure withdrawal management, release, conditional release,
discharge or conditional discharge under the Mental Health Care and Treatment Act, the Secure Withdrawal Management Act, the Prisons Act, the Young
Persons Offences Act and regulations under that Act, Part XX.1 of the Criminal Code, the Prisons and Reformatories Act (Canada) and the Youth Criminal Justice Act (Canada).
(8) Subsection 58(4) of the Act is repealed and
the following substituted:
(4) Notwithstanding subparagraph (2)(d)(i), an
individual shall not be refused access to
(a) a certificate of involuntary admission or a
community treatment order issued under the Mental
Health Care and Treatment Act in respect of that individual; or
(b) a secure withdrawal management order issued
under the Secure Withdrawal Management
Act in respect of that individual.
NLR 28/07 Amdt.
41. Section 1.02(1) of the Provincial Court Family Rules, 2007 is amended by deleting the word
"and" at the end of paragraph (h), deleting the period at the end of
paragraph (i) and substituting a semi-colon and the word "and", and
by adding immediately after that paragraph the following:
(j) Secure
Withdrawal Management Act.
Commencement
42. This Act comes into force on a day to be
proclaimed by the Lieutenant-Governor in Council.
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