45. (1) In the case of an appeal from a decision that would have the effect of authorizing a person to consent to a treatment, the treatment may be administered before the final disposition of the appeal, despite subsections 9(11) and (12) and section 21, if the court so orders and the consent is given. Criteria (2) The court may make the order only if it is satisfied that, (a) the person’s condition will be or is likely to be substantially improved by the treatment; (b) the person’s condition will not improve or is not likely to improve without the treatment; (c) the anticipated benefit from the treatment outweighs the risk of harm to the person; (d) the treatment is the least restrictive and least intrusive treatment that meets the requirements of clauses (a), (b) and (c); and (e) the person’s condition makes it necessary to administer the treatment before the final disposition of the appeal. 1992, c.31, s.45. Miscellaneous Offence: obstruction 46. (1) No person shall hinder or obstruct a rights adviser who is meeting with a person in accordance with section 9 or 33, or is seeking to do so. Exception (2) Subsection (1) does not apply to the person with whom the rights adviser is meeting or seeking to meet. Penalty (3) A person who contravenes subsection (1) is guilty of an offence and is liable, on conviction, to a fine not exceeding $5,000. 1992, c.31, s.46. Offence: false statement 47. (1) No person shall, in a statement made under subsection 17(11) (statement by family member), assert something that he or she knows to be untrue. Same (2) No person shall, in a statement about wishes someone has expressed with respect to treatment, assert something that the person knows to be untrue or profess an opinion that the person does not hold. Penalty (3) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable, on conviction, to a fine not exceeding $10,000. 1992, c.31, s.47. Regulations 48. (1) The Lieutenant Governor in Council may make regulations, (a) prescribing categories of persons for the purpose of the definition of “health practitioner” in subsection 1(1); (b) prescribing categories of persons for the purpose of the definition of “rights adviser” in subsection 1(1) and prescribing the circumstances in which persons in a prescribed category may act as rights advisers; (c) prescribing things that do not constitute treatment for the purpose of the definition of “treatment” in subsection 1(1); (d) prescribing forms for the purpose of subsection 5(4) (consent to treatment) with respect to specified treatments and circumstances, and specifying the treatments and circumstances; (e) prescribing the form of a notice under subsection 9(2) or (3); (f) prescribing other forms; (g) prescribing criteria to be applied and standards and procedures to be followed by health practitioners in determining capacity; (h) prescribing controlled acts within the meaning of subsection 27(2) of the Regulated Health Professions Act, 1991 in respect of which notice is not required under subsection 9(3) or clause 9(4)(b); (i) prescribing health facilities for the purpose of subsection 19(1); (j) establishing minimum qualifications, standards, procedures and a code of conduct for rights advisers; (k) establishing a review procedure for dealing with complaints from any person relating to rights advisers; (l) establishing training programs for rights advisers. Rights advisers (2) A regulation made under clause (1)(j), (k) or (l) does not apply to a rights adviser who is authorized under the Advocacy Act, 1992 to provide advocacy services on behalf of the Advocacy Commission. Review procedure (3) The Ministry of Health shall provide written information about the review procedure established under clause (1)(k) to any person who requests it. 1992, c.31, s.48. Conflict with Child and Family Services Act 49. (1) If a provision of this Act conflicts with a provision of the Child and Family Services Act, the provision of the Child and Family Services Act prevails. Repeal *(2) Subsection (1) is repealed on the third anniversary of the day this Act receives Royal Assent. 1992, c.31, s.49. Transition 50. (1) This Act applies in respect of a treatment that is begun after the day this Act comes into force, even if a finding as to capacity was made or consent was given before that day. Same (2) This Act does not apply in respect of a treatment that is begun on or before the day this Act comes into force. 1992, c.31, s.50. Commencement **51. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. 1992, c.31, s.51. *Note: This Act received Royal Assent on the 10th day of December, 1992. **Note: Sections 35, 36 and 37 were proclaimed into force on July 27, 1994. Sections 1 to 34 and 38 to 52 were proclaimed into force on April 3, 1995. ______________ Français