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Mental Health Care and Treatment Regulations
under the
Mental Health Care and Treatment Act
(O.C . 2008-114)

(Filed April 30, 2008 )

Under the authority of section 8 of the Mental Health Care and Treatment Act , the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johns , April 24, 2008

Gary Norris
Clerk of the Executive Council



Short title

        1. These regulations may be cited as the Mental Health Care and Treatment Regulations .

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        2. In these regulations "Act" means the Mental Health Care and Treatment Act .

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Appropriate place

        3. (1) For the purpose of section 25 of the Act, any one of the locations referred to in the schedule shall be considered to be an appropriate place in which a person who is the subject of 2 completed certificates may be held pending his or her conveyance to a psychiatric unit for admission as an involuntary patient. 

             (2)  A person in charge of a place referred to in subsection (1) shall have, in addition to the powers conferred upon him or her by an Act respecting that place, the powers and duties of an attending physician or his or her designate as set out in section 11 of the Act respecting the custody and control of the person who is held in that place.

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Reasonable limits on use of telephone

        4. Where subsections 11(4) and 12(2) of the Act refer to reasonable limits on the use of the telephone, those reasonable limits shall be determined by considering:

             (a)  if , in the opinion of the attending physician or his or her designate, the use or continued use of the telephone would be detrimental to the evaluation or treatment of the person's mental disorder ;

             (b)  if continued use of the telephone would cause an unreasonable disturbance to other detained persons or patients;

             (c)  if continued use of the telephone prevents other detained persons or patients from using the phone after a reasonable period of time; or

             (d)  those other circumstances which would require reasonable limits on telephone use by a detained person or patient.

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Appeal procedure

        5. For the purpose of subsection 73(2) of the Act, the practice and procedure under the Rules of the Supreme Court, 1986 relating to appeals apply to an appeal from a decision of the review board.

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             (a )  Baie Verte Peninsula Health Centre, Baie Verte

             (b)  Brookfield Bonnews Health Care Centre, New-Wes-Valley

             (c)  Burin Peninsula Health Care Centre, Burin

             (d) Calder Health Centre, Burgeo

             (e) Captain William Jackman Memorial Hospital , Labrador City

              (f) Carbonear General Hospital , Carbonear

             (g) The Charles S. Curtis Memorial Hospital , St. Anthony

             (h) Connaigre Peninsula Health Centre, Harbour Breton

              (i ) Dr. Charles L. LeGrow Health Centre, Port aux Basques

              (j) Dr.G.B . Cross Memorial Hospital , Clarenville

             (k) Fogo Island Health Center , Fogo Island

              (l)  Green Bay Health Centre, Springdale

            (m) James Paton Memorial Health Centre, Gander

             (n) Labrador South Health Centre, Forteau

             (o) Labrador Health Centre, Happy Valley-Goose Bay

             (p)  Nain Nursing Station, Nain

             (q) Natuashish Commuity Clinic, Natuashish

              (r) Notre Dame Bay Memorial Health Centre, Twillingate

             (s)  North Haven Manor, Lewisporte

              (t) Rufus Guinchard Health Centre, Port Saunders

             (u)  Sir Thomas Roddick Hospital , Stephenville