No Authority Restriction for this Act

Authority to enforce the Mental Health Act is restricted to:

Section 10 - Peace Officer Warrant for Apprehension

Under this section, a provincial court judge may issue a warrant authorizing peace officers to apprehend and transport an individual believed to be suffering from a mental disorder and likely to cause harm or deterioration, for the purpose of examination at a designated facility.

Section 12 - Peace Officer Apprehension Without Warrant

Peace officers may apprehend and convey individuals to a facility or secure location for assessment and examination, if they have reasonable and probable grounds to believe the person is experiencing a serious mental health crisis and poses harm or deterioration.

While in transit, officers are also authorized to detain, observe, care for, and control the individual in their custody under Subsection 12(2).

Section 20(4) - Time-Limited Certificates

Section 20(4) sets the time limits for medical certificates used to detain someone involuntarily. Certificates must be reassessed and renewed at set intervals, ensuring ongoing review of the person's status.

Section 21(1) - Order to Return Patient

If a formal patient leaves without permission, the board may issue an Order under section 21(1), instructing a peace officer to return them to the facility.

Section 30 - Control in Seclusion or Restraint

This section grants authority to hospital staff to use restraint or seclusion for patient safety. It's a key provision regulating such practices in mental health care and ensuring they comply with institutional policies.

Authority to enforce the Public Health Act is restricted to:

Section 40(1)(a) - Authority of certificate

A certificate is authority for any peace officer to apprehend the person named in it and convey the person to any facility specified by the medical officer of health who issued the certificate within 7 days from the date the certificate is issued,

Section 43(3) - Treatment after release

(3) On receipt of an order under subsection (2) [IE:fail to meet CTO], a peace officer or other person is empowered to arrest without warrant the person named in it and return that person to the facility.

Section 50(2) - Unauthorized absence

An order issued pursuant to subsection (1) [IE: trying to leave when certifed] is sufficient authority for the person to whom it is directed to apprehend the person named in it and return the person to the facility.

Section 70(2) - Destruction of notice

No person shall conceal, deface, destroy or remove any notice posted for public information under this Act or the regulation

Authority to enforce the Traffic Safety Act is restricted to:

Non-moving offences only

No Authority Restriction for this Act

No Authority Restriction for this Act

Authority to enforce the Gaming, Liquor, and Cannabis Act is restricted to:

Section 84 - Public place

Except as otherwise provided for in this Act or in a liquor licence, no person may consume liquor in a vehicle unless, when the liquor is being consumed, the vehicle is a temporary residence.

Section 89 - Public place

(1) Except as provided in this Act, no person may use or consume liquor in a public place or any place other than a residence, temporary residence, licensed premises or a place or class of place prescribed in the regulations where liquor may be used or consumed.

(2) Despite subsection (1), a person may consume liquor in a public park in a picnic area designated by the owner or operator of the public park during the hours designated by the owner or operator if a sign is posted that

(a) states that a person may consume liquor in the designated picnic area,

(b) sets out the designated picnic area, and

(c) sets out the hours when liquor may be consumed.

(3) A person must stop consuming liquor in a designated picnic area if a peace officer on reasonable and probable grounds believes that the person is intoxicated and the peace officer requests that person to stop consuming liquor.

(4) Despite subsection (1), a person may use or consume liquor in a public place designated as an entertainment district in the bylaws of a municipality if the person's use or consumption of liquor complies with the requirements of those and any other applicable bylaws.

Section 107 - Warrantless search and seizure

A peace officer who on reasonable and probable grounds believes

(a) that liquor or cannabis is in or near a vehicle and is being kept unlawfully or kept for unlawful purposes in contravention of this Act or a condition imposed on a licence, and

(b) that obtaining a warrant would cause a delay that could result in the loss or destruction of evidence

may without a warrant and, if necessary, by reasonable force conduct a search for that liquor or cannabis in or near the vehicle or on the person of anyone found in or near the vehicle.

(2) A peace officer who, in making a search under subsection (1), finds liquor or cannabis that the peace officer believes on reasonable and probable grounds is unlawfully kept or kept for unlawful purposes in contravention of this Act or a condition imposed on a licence may

(a) immediately seize the liquor or cannabis and the container in which it is held, and

(b) if the peace officer believes on reasonable and probable grounds that an offence under section 81 or 90.23 is being or has been committed by the occupant or person in charge of a vehicle in or near which liquor or cannabis is found, seize and remove that vehicle.

(3) Following a seizure of a vehicle under subsection (2), the peace officer must, within a reasonable time,

(a) provide a justice with an affidavit

(i) stating that the peace officer has reason to believe that a person committed an offence under section 81 or 90.23, as the case may be, while being an occupant or in charge of the vehicle that was seized, and

(ii) stating the name of the person alleged to have committed an offence, or

(b) return the vehicle to the person from whom it was seized.

(4) A justice, on receipt of an affidavit under subsection (3), may order that the affidavit be served on the person referred to in subsection (3)(a)(ii) and set down a date to hear the matter and may order that the vehicle be

(a) retained by the Crown until final disposition of the charge, or

(b) returned to the person from whom it was seized.

(5) If a vehicle is returned under subsection (4)(b), the justice may order the person to whom it is returned

(a) to hold it as bailee for the Crown until final disposition of the charge, and

(b) to produce it if it is required with respect to proceedings related to the charge.

Section 108 - Abandoned liquor or cannabis

If a peace officer finds liquor or cannabis on any premises or in any place and the peace officer believes on reasonable and probable grounds that there is no apparent owner of the liquor or cannabis, the peace officer may immediately seize and remove the liquor or cannabis and any containers in which the liquor or cannabis is held, and the liquor or cannabis and the containers are forfeited to the Crown

Section 115 - Taking intoxicated person into custody (subject to section 53 of the Police Act)

115(1) No person may be intoxicated in a public place.

(2) If a peace officer on reasonable and probable grounds believes that a person is intoxicated in a public place, the peace officer may, instead of charging the person with an offence, take the person into custody to be dealt with in accordance with this section.

(3) A person in custody pursuant to subsection (2) may be released from custody at any time if on reasonable and probable grounds the person responsible for the custody believes that

(a) the person in custody has recovered sufficient capacity that, if released, the person is unlikely to injury himself or herself or be a danger, nuisance or disturbance to others, or

(b) a person capable of taking care of the person taken into custody undertakes to take care of that person.

(4) A person taken into custody under this section may not be held in custody for more than 24 hours after being taken into custody.

(5) No action lies against a peace officer or other person for anything done in good faith with respect to the apprehension, custody or release of a person pursuant to this section

Regulation (AR 143/96) - Section 87.1 - Transportation of liquor

A person transporting liquor in a vehicle when the liquor is in an open container, or within easy access of the driver or occupant, is in violation.

No Authority Restriction for this Act

No Authority Restriction for this Act