Civil Procedure Rules of Nova Scotia  
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Part 13 - Family Proceedings

Rule 60B - Involuntary Psychiatric Treatment Act and Hospitals Act Applications

Application
60B.01 (1) A person who makes a statement under subsection 13(1) of the Involuntary Psychiatric Treatment Act must file the statement.
  (2) A judge who is satisfied under subsection 13(2) of the Involuntary Psychiatric Treatment Act that the statement is not frivolous, vexatious, or malicious may give directions on any of the following:
   
(a)
filing a notice of application;
   
(b)
permitting the application to be heard ex parte if necessary under subsection 13(3) of the Involuntary Psychiatric Treatment Act;
   
(c)
giving notice to the person sought to be examined involuntarily;
   
(d)
other necessary parties and giving notice to each;
   
(e)
affidavits to be filed;
   
(f)
the time, date, and place of the hearing;
   
(g)
anything for the just determination of the application.
  (3) The judge who gives directions may amend the directions or give additional directions.
  (4) The provisions of Rule 5 - Application concerning an application in court apply to an application on notice under this Rule 60B.42, unless the judge who gives directions directs otherwise.
  (5) The judge who orders that the allegations are to be determined ex parte may treat the statement as an ex parte application and hear the application then or at a time, date, and place appointed by the judge.
  (6) A judge who finds that the statement may be frivolous, vexatious, or malicious, may give directions to set a time and place to hear the person who made the statement and determine whether the application may proceed.
  (7) The same judge who gives directions, permits the application to be heard ex parte, or determines that the statement is not frivolous, vexatious, or malicious must hear the application, unless the judge directs otherwise.
       
Review under the Hospitals Act
Review under the Hospitals Act
60B.02   A judicial review under Section 54D or subsection 71(2A) of the Hospitals Act about the giving or refusal of consent by a substitute decision maker, or under subsections 58(1) and (2) of that Act about a declaration of capacity or competency, may be started by filing a notice for judicial review and may be obtained and conducted in accordance with Rule 7 - Judicial Review and Appeal.
       

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CHILD AND ADULT PROTECTION

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