Definitions

1   In this Act:

"commission" means the Forensic Psychiatric Services Commission;

"forensic psychiatry" includes psychiatric consultation, assessment, therapy or treatment services provided to the courts or to other components of the administration of justice, and "forensic psychiatric" has a corresponding meaning;

"minister" includes a person designated in writing by the minister.

Commission continued

2   (1) The Forensic Psychiatric Services Commission is continued as a corporation consisting of at least 5 members appointed by the Lieutenant Governor in Council to hold office during pleasure.

(2) Each member must be reimbursed for reasonable travelling and other out of pocket expenses necessarily incurred by the member in discharging the member's duties, and, in addition, may be paid and may accept remuneration for the member's services as the Lieutenant Governor in Council determines.

(3) A majority of the members constitutes a quorum.

Chair and vice chair

3   The Lieutenant Governor in Council must designate one of the members as the chair and one other member as vice chair.

Attendance of executive director at commission meetings

4   (1) By resolution, the commission may authorize the executive director to attend meetings of the commission and act as secretary of the commission.

(2) The executive director is not entitled to vote at meetings of the commission.

Function of commission

5   The functions of the commission are:

(a) to provide forensic psychiatric services to the courts in British Columbia and to give expert forensic psychiatric evidence;

(b) to provide forensic psychiatric services for

(i) accused persons remanded for psychiatric examination,

(ii) persons held at the direction of the Lieutenant Governor in Council under the Criminal Code or the Mental Health Act,

(iii) persons in need of psychiatric care or assessment while in custody, and

(iv) persons held under a court order;

(c) to provide in-patient and outpatient treatment for persons referred to in paragraph (b) and other persons the minister may designate;

(d) to plan, organize and conduct, either alone or with other persons and organizations,

(i) research respecting the diagnosis, treatment and care of forensic psychiatric cases, and

(ii) educational programs respecting the diagnosis, treatment and care of forensic psychiatric cases;

(e) to consult with ministries, departments and agencies of the federal and provincial governments, and municipal departments or agencies, mental health centres and other persons or organizations about the advancement of the objectives set out in this section;

(f) to perform other duties, responsibilities, research and educational programs respecting forensic psychiatry as directed by the Lieutenant Governor in Council.

Commission as agent of the government

6   (1) The commission is, for all purposes, an agent of the government.

(2) The commission may, as agent, carry out its duties and exercise its powers under this Act in its own name and may, with the prior approval of the Lieutenant Governor in Council, acquire land, hold land in its own name and dispose of land.

Staff

7   (1) The commission may appoint officers and employees the commission considers necessary for this Act, and may determine their duties.

(2) The Lieutenant Governor in Council may appoint an executive director of the commission, to be appointed during pleasure, and may fix the executive director's remuneration.

(3) The commission may engage and retain persons it considers necessary as consultants, experts or specialists, and may fix their remuneration.

Business Corporations Act not to apply

8   The Business Corporations Act does not apply to the commission, but the Lieutenant Governor in Council may prescribe that the Business Corporations Act or part of it applies to the commission.

Limitation of liability

9   No member or employee of the commission, and no person acting under this Act or the commission, is personally liable for loss or damage suffered by a person by reason of anything done or omitted to be done in good faith in the exercise or purported exercise of any powers given by this Act.

Agreements

10   (1) For this Act, the commission may enter into agreements it considers advisable with one or more of the following:

(a) a municipality;

(b) a regional district;

(c) an agent of the government;

(d) a ministry of the government;

(e) any other persons or agencies.

(2) With the approval of the Lieutenant Governor in Council, the commission may enter into agreements with Canada or a province, or their agents or departments.

Audit

10.1   Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the commission, the commission must appoint an auditor to audit the accounts of the commission at least once each year.

Annual report

11   (1) The commission must submit annually to the minister

(a) a report respecting the operation of the commission, and

(b) a financial statement showing the financial operations of the commission for the preceding fiscal year of the government.

(2) The report and financial statement must be laid before the Legislature within 15 days after the opening of the first session in the following calendar year.

Power to make regulations

12   The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.