81 (1) The Lieutenant Governor in Council may make regulations, (a)  Repealed:  2000, c. 9, s. 30 (1). (b) in respect of psychiatric facilities or any class thereof, (i) providing for the creation, establishment, construction, alteration, renovation and maintenance thereof, (ii) prescribing the accommodation, facilities, equipment and services thereof, (iii) providing for the government, management, conduct, operation, use and control thereof, (iv) providing for the officers and employees and prescribing their qualifications, (v) prescribing the forms, records, books, returns and reports to be made and kept in that respect and the period for which the psychiatric facility involved shall retain each, and providing for returns, reports and information to be furnished to the Ministry; (c) prescribing additional duties of officers designated and persons appointed under subsection 9 (1); (d)  Repealed:  1997, c. 15, s. 11 (2). (e) exempting any psychiatric facility or class thereof from the application of Part II; (f) classifying patients, and limiting the classes of patients that may be admitted to any psychiatric facility or class thereof; (f.1) prescribing the manner in which information may be brought before a justice of the peace for the purposes of section 16; (g) respecting taking custody of persons under section 33, the examination and detention of persons and the admission, detention, leave of absence, absence without authorization, transfer, discharge and placement of patients; (g.1) respecting and governing community treatment orders, including the qualifications required for issuing such orders, additional duties of physicians who issue or renew such orders, additional duties of physicians who consent to an appointment under subsection 33.5 (2) and additional duties of persons who agree to provide treatment or care and supervision under a community treatment plan; (g.2) designating persons or categories of persons who may review community treatment order documents to ascertain whether or not they have been completed in compliance with the criteria set out in this Act and prescribing additional duties of such persons; (g.3) designating persons or categories of persons who may agree to provide treatment or care and supervision under a community treatment plan under subsection 33.5 (3) and prescribing the qualifications or requirements that a person must meet before he or she provides such treatment or care and supervision; (h) governing designations by psychiatric facilities or the Minister of persons or categories of persons to perform the functions of a rights adviser under this Act and governing the revocation of such designations, including, (i) requiring, permitting or prohibiting designations and revocations, (ii) prescribing who may make designations and revocations on behalf of a psychiatric facility, (iii) prescribing qualifications or requirements that a person must meet before he or she may be designated by a psychiatric facility and qualifications or requirements that a person must meet before he or she may be designated by the Minister, and (iv) prescribing obligations in relation to the provision of information about designations and revocations that have been made; (h.1) designating persons or categories of persons as rights advisers and prescribing the qualifications or requirements that a person must meet before he or she may provide rights advice pursuant to clause 33.1 (4) (e); (h.2) requiring that a physician who determines that a patient is incapable of consenting to the collection, use or disclosure of personal health information promptly, (i) give the patient a written notice that sets out the advice that the regulation specifies with respect to the patient’s rights, and (ii) notify a rights adviser; (h.3) requiring the rights adviser mentioned in clause (h.2) to give the patient the explanations that the regulation specifies and governing the content of the explanations; (h.4) requiring that rights advice be provided to a patient or a category of patients with respect to orders under section 41.1; (h.5) governing the timing or content of any rights advice required by clause (h.4); (i) respecting the manner in which rights advisers must carry out their obligations under this Act or the regulations; (j) prescribing and governing the obligations of health practitioners, rights advisers, psychiatric facilities and others in relation to the provision of information about rights, and assistance in exercising rights, to persons who have been admitted to a psychiatric facility as patients and who are either incapable, within the meaning of the Health Care Consent Act, 1996, with respect to treatment of a mental disorder or are incapable, within the meaning of the Personal Health Information Protection Act, 2004, with respect to personal health information, including prescribing, (i) the information or assistance that must be given, (ii) the categories of persons who must be given the information or assistance, (iii) the circumstances in which the information or assistance must be given, (iv) the persons by whom the information or assistance must be given, and (v) the manner and time in which the information or assistance must be given; (j.1) prescribing and governing the obligations of health practitioners, rights advisers, health facilities and others in relation to the provision of information about rights, and assistance in exercising rights, to persons who are subject to community treatment orders and to their substitute decision-makers, including, (i) the information or assistance that must be given, (ii) the categories of persons who must be given the information or assistance, (iii) the circumstances in which the information or assistance must be given, (iv) the persons by whom the information or assistance must be given, and (v) the manner and time in which the information or assistance must be given; (k) governing the transfer of information among those involved in the process of providing persons with information about their rights and among those involved in the process of implementing a community treatment plan; (k.1) regulating the timing of the treatment of a person in a psychiatric facility or subject to a community treatment order, if the person must be provided with information about his or her rights or if the person exercises, or indicates an intention to exercise, any of his or her rights; (k.2)  Repealed: 2004, c. 3, Sched. A, s. 90 (24); (k.3) governing the use, disclosure and retention of personal information obtained from the disclosure, transmission or examination of a record of personal health information under subsection 35 (4); (k.4) prescribing a person and circumstances for the purpose of clause 35 (4) (d); (k.5) prescribing a person for the purposes of subsection 39 (14); (l) exempting any psychiatric facility or class thereof from the application of Part III; (m) prescribing forms and providing for their use; (n) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.  R.S.O. 1990, c. M.7, s. 81 (1); 1992, c. 32, s. 20 (51); 1996, c. 2, s. 72 (32); 1997, c. 15, s. 11 (2); 2000, c. 9, s. 30 (1-5); 2004, c. 3, Sched. A, s. 90 (20-26); 2015, c. 36, s. 15. (2), (3) Repealed:  2000, c. 9, s. 30 (6). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 20 (51) - 03/04/1995; 1996, c. 2, s. 72 (32) - 29/03/1996; 1997, c. 15, s. 11 (2) - 10/10/1997 2000, c. 9, s. 30 (1-6)
- 01/12/2000 2004, c. 3, Sched. A, s. 90 (20-26) - 01/11/2004 2015, c. 36, s. 15
- 21/12/2015