The bill renames the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001) as the Loi sur la protection des personnes présentant une altération de leur état mental. The statute is reframed around protecting the health and safety of persons whose altered mental state places them or others in a situation of danger. It also establishes consultation and coordination mechanisms and psychiatric advance directives.

The bill replaces the “serious and immediate danger” test with a defined situation of danger involving serious harm, a reasonably foreseeable risk of such harm or significant deterioration of the person’s mental state, together with a link to the altered mental state and the necessity of detention. Temporary detention ordered by a physician or specialized nurse practitioner may last up to 48 hours when a court order cannot be obtained in time. A peace officer may also bring a person involuntarily to an institution at the request of a trained crisis-support intervenor, subject to specified conditions. Santé Québec must develop training on these interveners’ roles and responsibilities.

A coordinated-action process must involve at least two designated interveners appointed by different bodies. The person’s consent is generally required, subject to two statutory exceptions. The Minister must enter into a national framework agreement addressing, among other matters, guiding principles and national and regional governance committees. An adult who is capable of consenting and lives with a mental disorder may make psychiatric advance directives concerning specified care; the Minister must establish and maintain a registry for those directives.

The bill gives the Administrative Tribunal of Québec exclusive jurisdiction, through a new Integrity of the Person Division, over applications for authorization of care and institutional detention and specified related remedies. First-instance legal aid is made free of charge for these services. The bill also amends the Civil Code of Québec, the Code of Civil Procedure, the Act respecting the governance of the health and social services system, the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations, the Act to protect persons with regard to activities involving firearms and the Act respecting health services and social services for the Inuit and Naskapi, as well as three regulations.

Institutional protocols must address detention, involuntary admissions, rights information, involvement of relatives and safe discharge. Screening for disqualifying factors is required for specified personnel and persons associated with resources housing vulnerable children. The provisions come into force on dates set by the government, with transitional rules for existing detentions and proceedings.