Community Treatment Order Regulation

(Consolidated up to 199/2025) ALBERTA REGULATION 337/2009 Mental Health Act COMMUNITY TREATMENT ORDER REGULATION Table of Contents 1 Definitions 2 Examinations 2.1 Issuance of community treatment order following review panel order 3 Supervision of community treatment order 4 Provision of treatment or care by provincial health agency, provincial health corporation or regional health authority 5 Designation of physician 6 Reporting non‑compliance 7 Copies of documents 8 Written statement and notice 9 Review on renewal 10 Expiry 11 Coming into force Definitions 1 In this Regulation, (a) “Act” means the Mental Health Act ; (b) “appropriate provincial health agency” means the provincial health agency established for the mental health and addiction health services sector under the Provincial Health Agencies Act ; (c) “appropriate review panel” means the review panel determined by the Minister as the appropriate review panel for a person who is subject to a community treatment order; (d) “issuing qualified health professional” means the qualified health professional who last issued, renewed or amended a community treatment order; (e) “prescribed form” means a form prescribed in the Mental Health Act Forms and Designation Regulation (AR 136/2004); (f) “provincial health agency” means a provincial health agency under the Provincial Health Agencies Act ; (f.1) “provincial health corporation” means a provincial health corporation under the Provincial Health Agencies Act ; (g) “regional health authority” means a regional health authority under the Provincial Health Agencies Act . AR 337/2009 s1;174/2020;126/2024;199/2025 Examinations 2 Examinations for the purposes of sections 9.1 and 9.6 of the Act or for the purposes of a renewal of a community treatment order under section 9.3 of the Act may be conducted remotely using any means considered appropriate by the examining qualified health professional, including, but not limited to, video conference. AR 337/2009 s2;174/2020 Issuance of community treatment order following review panel order 2.1 When an order has been made under section 41(1) of the Act by a review panel for the board to issue a community treatment order in respect of a formal patient, a community treatment order is to be issued in a reasonable amount of time in accordance with section 9.1 of the Act. AR 174/2020 s4 Supervision of community treatment order 3 A community treatment order may be supervised only by a qualified health professional. AR 337/2009 s3;174/2020 Provision of treatment or care by provincial health agency, provincial health corporation or regional health authority 4 If a provincial health agency, regional health authority or provincial health corporation delivers services that are part of the treatment or care required under a community treatment order, the community treatment order, including any amendments to the treatment or care plan, must be signed by a person authorized by the provincial health agency, regional health authority or provincial health corporation before it becomes effective. AR 337/2009 s4;126/2024;199/2025 5 Repealed AR 174/2020 s6. Reporting non‑compliance 6 (1) A person who is named in a community treatment order as a provider of treatment or care to the person who is subject to the community treatment order must report any failure by that person who is subject to the community treatment order to comply with the terms of the community treatment order by completing the prescribed form and submitting it to the appropriate provincial health agency. (2) The prescribed form must be submitted within 24 hours of the time at which the person providing treatment or care becomes aware of the failure to comply with the terms of the community treatment order. (3) On receipt of the prescribed form, the appropriate provincial health agency must, within 24 hours, provide copies of the prescribed form to the qualified health professional responsible for supervision of the community treatment order. AR 337/2009 s6;174/2020;126/2024 Copies of documents 7 (1) A copy of each community treatment order and any prescribed forms completed in respect of it, except a report required under section 6(1), must be sent by the issuing qualified health professional to the appropriate provincial health agency. (2) The appropriate provincial health agency must, on receipt of the copies of the community treatment order and forms referred to in subsection (1), promptly provide copies to (a) repealed AR 174/2020 s8; (b) the person who is responsible for supervising the community treatment order, if that person is not the issuing qualified health professional, and (c) the person who is responsible for providing the written statement referred to in section 8, if that person is not the regional health authority. (3) The nearest relative of a person who is subject to a community treatment order is prescribed to be a person to whom a written statement and a copy of an issued, amended or renewed community treatment order must be given under section 14(1.1) of the Act, unless the person subject to the order objects on reasonable grounds. AR 337/2009 s7;174/2020;126/2024 Written statement and notice 8 (1) For the purposes of section 14(1.1) of the Act, the person who is responsible for giving the written statement and copy of the issued, amended or renewed community treatment order to the persons set out in section 14(1.1)(b) of the Act is the issuing qualified health professional. (2) For the purposes of section 14(5) of the Act, the person who is responsible for giving the notice of expiry or cancellation and any recommendations for treatment to the persons set out in section 14(5) of the Act is the person responsible for supervision of the community treatment order. AR 337/2009 s8;174/2020 Review on renewal 9 (1) At the time of the 2nd renewal of a community treatment order and every 2nd renewal thereafter, the issuing qualified health professional shall forward copies of the prescribed forms to the appropriate review panel for review in accordance with section 39(2) of the Act. (2) Where a review panel receives an application for review of a community treatment order that it does not have jurisdiction to deal with because it is not the appropriate review panel for the person who is subject to the community treatment order, the review panel must immediately forward the application for review to the appropriate review panel. AR 337/2009 s9;174/2020 Expiry 10 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on February 28, 2027. AR 337/2009 s10;129/2015;20/2017;127/2019;174/2020 Coming into force 11 This Regulation comes into force on the coming into force of section 8 of the Mental Health Amendment Act, 2007.