Request a MHSPA ministerial exemption

Overview

Under Alberta’s Mental Health Services Protection Act (MHSPA), a service provider, or any person providing a service under the Act, may be exempt from specific legislative requirements in relation to a specific client or patient as determined by the Minister or their delegated authority. Exemptions are granted only when justified on the basis of one of the following categories:

• medical grounds, to support an individual’s health or treatment needs
• scientific or clinical research, to advance research or clinical trials
• public interest, to protect or benefit the broader community

Eligibility

Anyone can apply for a service provider or person providing a service under the act to be exempted, including a client, patient, or alternate decision maker. However, all applications must provide evidence of support from a regulated member and/or service provider as appropriate for the situation.  

The ministerial exemption is expected to be necessary only in very rare and complex situations. Exemptions are not automatic, transferable, or available to entire classes of people or providers (for example, all providers in a region or all clients/patients at a facility). Exemptions must be appropriately justified and are not intended to unduly override safety, quality, or accountability standards.

How to apply

Step 1. Fill out the application form

Complete the Mental Health Services Protection Act Exemption Request Form.

The application must include:

• the specific MHSPA provision(s) to be exempted
• the basis for the exemption, which must be one of the following:
  • medical condition or treatment of an individual
  • scientific or research purposes
  • public interest
• a detailed explanation of why the exemption is requested
• the requested duration of the exemption
• a safety and risk mitigation plan, including:
  • how risks will be identified and managed
  • emergency response protocols
  • ongoing monitoring and support for the client or patient
• supporting documentation, which may include:
  • letters of support from regulated healthcare members, such as an addiction medicine physician or psychiatrist
  • research protocols and ethics board approvals
  • consent forms, stakeholder support letters (including a letter from the service provider if applicable), or diversion control plans (if applicable)

Step 2. Submit the application package

Submit the application package through the Document Submission Portal.

After you apply

Once received, your application will go through the following steps:

1. Initial review: Applications are reviewed for completeness and may request additional documents or clarification.
2. Assessment: Applications are evaluated based on safety, necessity, supporting evidence, and alignment with MHSPA goals.
3. Decision process: You will receive a written decision by email, with a mailed copy provided if necessary.

If your application is approved

The exemption notice will include the terms, conditions, and expiry date.

If your application is denied

The decision will include the reasons for denial. You may submit a new application with additional evidence.