THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:

PRELIMINARY PROVISION
1. The provisions of this Act complement the provisions of the Civil
Code of Québec concerning the confinement in a health and social
services institution of persons whose mental state presents a danger to
themselves or to others, and the provisions concerning the psychiatric
assessment carried out to determine the necessity for such confinement.

CHAPTER I
PSYCHIATRIC EXAMINATION
2. The psychiatric examination to which a person is required to submit
by law or by a court decision must be carried out by a psychiatrist.
However, if it is not possible to obtain the services of a psychiatrist
in due time, the examination may be carried out by any other physician.
The person who carries out the examination may not be the spouse or de
facto spouse, a close relative or relative by marriage or the
representative of the person undergoing the examination or of the person
who requested the examination.
3. The report made following a psychiatric examination must be signed by
the examining physician. He must, in particular, state in the report
(1) that he himself has examined the person ;

6
(2) the date of the examination ;
(3) his diagnosis, even if only provisional, concerning the mental state
of the person ;
(4) in addition to what is provided in article 29 of the Civil Code of
Québec, his opinion as to the gravity and probable consequences of the
person's mental state ;
(5) the reasons and facts upon which his opinion and diagnosis are based
and, among the facts mentioned, those which he himself has observed and
those which have been communicated to him by others.
4. Where an institution has been required to administer a psychiatric
examination, it is incumbent upon the director of professional services
or, where there is no such director, upon the executive director of the
institution to transmit the physician's report to the court that ordered
the examination.
5. The disclosure of the report by the institution is governed by the
provisions relating to access to the person's record contained in the
legislation respecting health services and social services, and does not
require the authorization of the court under article 29 of the Civil
Code of Québec.

CHAPTER II
CONFINEMENT
DIVISION I
PREVENTIVE CONFINEMENT AND TEMPORARY CONFINEMENT
6. Only an institution operating a local community service centre
equipped with the necessary facilities or a hospital centre may be
required to place a person under preventive confinement or temporary
confinement for psychiatric examination.
7. A physician practising in such an institution may, notwithstanding
the absence of consent, place a person under preventive confinement for
not more than seventy-two hours in a facility maintained by the
institution, without the authorization of the court and prior to
psychiatric examination, if he is of the opinion that the mental state
of the person presents a grave and immediate danger to himself or to
others.

The physician who places the person under confinement must immediately
inform the director of professional services or, where there is no such
director, the executive director of the institution.
On the expiry of the seventy-two hour period, the person must be
released, unless a court has ordered an extension of the confinement for
psychiatric assessment. However, if the seventy-two hour period ends on
a Saturday or on a non-juridical day, if no judge having jurisdiction in
the matter is able to act and if termination of confinement presents a
danger, the confinement may be extended until the expiry of the next
juridical day.

8. A peace officer may, without the authorization of the court, take a
person against his will to an institution described in section 6
(1) at the request of a member of a crisis intervention unit who
considers that the mental state of the person presents a grave and
immediate danger to himself or to others ;
(2) at the request of the person having parental authority, the tutor to
a minor or any of the persons mentioned in article 15 of the Civil Code
of Québec, where no member of a crisis intervention unit is available in
due time to assess the situation. In such a case, the peace officer must
have good reason to believe that the mental state of the person
concerned presents a grave and immediate danger to himself or to others.
Subject to the provisions of section 23 and to more pressing medical
emergencies, the institution to which the person is brought must take
charge of the person upon arrival and have the person examined by a
physician, who may place the person under preventive confinement in
accordance with section 7.
In this section, "crisis intervention unit" means a unit designed to
take action in crisis situations pursuant to the mental health service
organization plans provided for by the legislation respecting health
services and social services.
DIVISION II
CONFINEMENT AUTHORIZED BY A COURT PURSUANT TO ARTICLE 30 OF THE CIVIL
CODE OF QUÉBEC
9. Only an institution operating a hospital centre, rehabilitation
centre, residential and long-term care centre or reception centre that
is equipped with the necessary facilities for receiving and treating
mentally ill persons, may be required to place a person

under confinement following a court judgment pursuant to article 30 of
the Civil Code of Québec.

10. Where the court has set a duration of confinement exceeding 21 days,
the person under confinement must be examined periodically to ascertain
whether continued confinement is necessary, and reports of such
examinations must be produced at the following times :
(1) 21 days from the date of the decision made by the court pursuant to
article 30 of the Civil Code of Québec ;
(2) every three months thereafter.
The psychiatric examination reports shall be kept by the institution as
part of the person's record.

11. A person under confinement may, at his request, be transferred to
another institution, if the organization and resources of that
institution permit of such a transfer. Subject to the same condition,
the attending physician may transfer the person to another institution
which he considers better able to meet the person's needs. In the latter
case, the physician must obtain the consent of the person concerned,
unless the transfer is necessary to ensure the person's safety or that
of other persons. The physician's decision in that respect must contain
reasons and be filed in the person's record.
No transfer may take place unless the attending physician attests, by
way of a certificate containing reasons, that in his opinion such a
measure does not present any serious and immediate risks for the person
or for others.
Following a transfer, confinement continues in the new institution and a
copy of the record of the person under confinement shall be forwarded to
that institution.
12. Confinement ends, with no further formality,
(1) as soon as a certificate attesting that confinement is no longer
justified has been issued by the attending physician ;
(2) on the expiry of a time limit prescribed by section 10, if no
psychiatric examination report has been produced by that time;
(3) on the expiry of the time fixed in the judgment ordering
confinement;

(4) upon a decision to that effect by the Administrative Tribunal of
Québec or a court of justice.

13. Where a person ceases to be under confinement but must be detained
or lodged, otherwise than in accordance with this Act, the institution
must take the necessary steps to entrust the person to the care of a
person in authority at an appropriate detention centre or lodging
facility.

CHAPTER III
RIGHTS AND REMEDIES
DIVISION I
INFORMATION

14. A peace officer acting under section 8 or any person who, in
accordance with a court order, takes a person to an institution for
confinement and psychiatric assessment must inform him of that fact, of
the place where he is being taken and of his right to contact his close
relatives and an advocate immediately.
The peace officer or person remains responsible for that person until he
is taken in charge by the institution.
15. As soon as the person has been taken in charge by the institution,
or as soon as he seems able to understand the information, the
institution must inform him of the place where he is being confined, of
the reasons for the confinement and of his right to contact his close
relatives and an advocate immediately.
16. The institution placing a person under confinement pursuant to a
judgment referred to in section 9 must, at the time the person is placed
under confinement and after each examination report required by section
10, give the person a document in conformity with the schedule.  (see:
schedule, at the end)
If the person under confinement is unable to understand the information
contained in the document, the institution shall transmit a copy of it
to the person qualified to give consent to the confinement. Should there
be no such person, the institution shall make reasonable efforts to
transmit the information to a person showing a special interest in the
person under confinement.
17. A person under confinement must be allowed to communicate freely and
confidentially with the persons of his choice, 10
unless the attending physician decides, in the interest of the person
under confinement, to prohibit or restrict certain communications.
A prohibition or restriction as to communication can only be temporary.
It must be set out in writing and contain reasons, and it must be given
to the person under confinement and noted in his record.
No restriction may, however, be imposed on communications between the
person under confinement and his representative, the person qualified to
give consent to the care required by his state of health, an advocate,
the Public Curator or the Administrative Tribunal of Québec.
18. The person under confinement must be immediately informed by the
institution of the end of the confinement.
19. The institution must, in the case of a minor, give the person having
parental authority or, if there is no such person, the tutor, or in the
case of a person of full age who is represented, the mandatary, tutor or
curator, notice of
(1) the decision of a physician to place the person under preventive
confinement pursuant to section 7;
(2) the necessity for continued confinement, after each of the
examinations required by section 10 ;
(3) any application presented to the Administrative Tribunal of Québec
under section 21 of which the institution has been informed ;
(4) the end of the confinement.
Notice must be given in writing, except a notice under subparagraph 1 of
the first paragraph.

DIVISION II
ADMINISTRATIVE TRIBUNAL OF QUÉBEC
20. The institution in which a person is under confinement must inform
the Administrative Tribunal of Québec, without delay, of the conclusions
of each of the psychiatric examination reports required by section 10,
and of the end of the confinement.
21. Any person who is dissatisfied with the continuance of confinement
or with a decision made under this Act, with regard to 11
himself or to a person that he represents or in whom he shows a special
interest, may contest the continuance of confinement or the decision
before the Administrative Tribunal of Québec. A letter to the Tribunal
from the person under confinement setting out the subject and grounds of
the contestation constitutes a motion within the meaning of section 110
of the Act respecting administrative justice (1996, chapter 54).
The Tribunal may also act on its own initiative to review the
continuance of confinement or a decision made under this Act with regard
to any person under confinement.
A proceeding before the Tribunal, or the intervention of the Tribunal on
its own initiative, does not suspend confinement or the execution of the
decision, unless a member of the Tribunal decides otherwise.
22. An institution must, when so required by the Tribunal, forward to it
the complete record of a person under confinement.

CHAPTER IV
MISCELLANEOUS PROVISIONS
23. Any institution which, owing to its organization or resources, is
unable to provide for a psychiatric examination or place a person under
confinement, must immediately direct any person for whom such services
are required to another institution equipped with the necessary
facilities.

24. The Minister of Health and Social Services is responsible for the
administration of this Act.
 

(...)
 

49. The Act respecting health services and social services (R.S.Q.,
chapter S-4.2) is amended by inserting, after section 118, the following
section :
"118.1. Force, isolation, mechanical means or chemicals may not be used
to place a person under control in an installation maintained by an
institution except to prevent the person from inflicting harm upon
himself or others. The use of such means must be minimal and resorted to
only exceptionally, and must be appropriate having regard to the
person's physical and mental state.
Any measure referred to in the first paragraph applied in respect of a
person must be noted in detail in the person's record. In particular, a
description of the means used, the time during which they were used and
a description of the behaviour which gave rise to the application or
continued application of the measure must be recorded.
Every institution must adopt a procedure for the application of such
measures that is consistent with ministerial orientations, make the
procedure known to the users of the institution and evaluate the
application of such measures annually."
 
 

SCHEDULE                must be given to the person   (s.  16)

Information document on the rights of, and remedies available to, a
person under confinement (Act respecting the protection of persons whose
mental state presents a danger to themselves or to others, s. 16)

(name of person under confinement)

You have been placed under confinement pursuant to a court decision
based on two psychiatric examination reports.

You have legal rights :
1. You have the right to be transferred to another institution, if your
attending physician is of the opinion that such a transfer presents no
serious and immediate risks for you or for others, and if the
organization and resources of that institution allow it to receive you.
2. You have the right to require that you be released from confinement
without delay if a psychiatric examination report, confirming the
necessity of continuing your confinement, has not been produced within
21 days after the court decision and at least once every three months
thereafter.
In your case, the court decision was made on and psychiatric examination
reports were produced on the following dates:
________________________________________________ (date of each
psychiatric examination report produced)
3. You are required to submit to the psychiatric examinations referred
to in paragraph 2. However, you may categorically refuse any other
examination, care or treatment. If you do, your decision must be
respected by the institution and by your physician, except if the
examination or treatment was ordered by a judge, or in the case of
emergency care or personal hygiene.
4. Even though you are under confinement, you may communicate
confidentially, orally or in writing, with any person of your choice.
However, your attending physician may decide, in your own interest, to
prohibit you from communicating with certain persons or to impose
restrictions on your communications. In such a21
case, the prohibition or restriction can only be temporary, and the
physician's decision must be given to you in writing and set out the
reasons on which it is based.
Your physician may not, however, prevent you from communicating with
your representative, the person qualified to give consent to your care,
an advocate, the Public Curator or the Administrative Tribunal of
Québec.
5. If you disagree with a decision made to continue your confinement, or
with any other decision made in your respect, you may refer your case to
the Administrative Tribunal of Québec.
________________________________________________ (address) (telephone
number) (fax number)
This is how you proceed :
(a) you yourself may write to the Tribunal or ask a family member or
your tutor, curator or mandatary to write on your behalf ;
(b) you must explain in your letter, to the best of your ability, why
you disagree with the continuance of confinement or the decision made in
your respect;
(c) your letter will constitute your application to the Tribunal, and
must be sent to the above address within 60 days of the decision with
which you disagree, but if you miss this deadline, the Tribunal may
still decide to hear you if you give reasons to explain your delay;
(d) the Tribunal may order your release from confinement or overturn the
decision made concerning you, but must meet with you before reaching its
decision ;
(e) you have the right to be represented by a lawyer at the meeting with
the Tribunal, and to produce witnesses.
6. You must be released from confinement
(a) as soon as a certificate concluding that confinement is no longer
justified has been issued by your physician ;
(b) if a psychiatric examination report is not produced within the time
limits set out in paragraph 2, upon the expiry of those time limits ;
(c) on the expiry of the period of confinement fixed in the judgment;
(d) upon a decision to that effect by the Administrative Tribunal of
Québec; or
(e) upon an order to that effect from a court of justice.
The institution where you are being kept under confinement must inform
you immediately of your release from confinement.