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2nd Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 209

THE MENTAL HEALTH AMENDMENT AND PERSONAL HEALTH INFORMATION AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. M110 amended

1           Subsection 36(2) of The Mental Health Act is amended by replacing clause (e) with the following:

(e) to any person, if the medical director believes that compelling circumstances exist that affect the mental or physical health or the safety of the patient or another person;

C.C.S.M. c. P33.5 amended

2           Subsection 22(2) of The Personal Health Information Act is amended

(a) by replacing clause (b) with the following:

(b) to any person, if the trustee believes that compelling circumstances exist that affect

(i) the health or safety of the individual the information is about or another individual, or

(ii) public health or public safety;

(b) by replacing subclause (c)(i) with the following:

(i) contacting a relative or friend of an individual who is injured, incapacitated or ill, whether physically or mentally,

Conditional amendments, S.M. 2016, c. 17

3(1)        If subsection 14(2) of The Protecting Children (Information Sharing) Act, S.M. 2016, c. 17, comes into force before the day that this Bill receives royal assent, then section 1 of this Bill is amended by adding the following after the proposed clause 36(2)(e) of The Mental Health Act:

(e.1) to any person, if the medical director reasonably believes that the disclosure is necessary to prevent or lessen a risk of harm to the health or safety of a minor;

3(2)        If on the day that this Bill receives royal assent, subsection 14(2) of The Protecting Children (Information Sharing) Act, S.M. 2016, c. 17, has not come into force, then that subsection is replaced with the following:

14(2)       Clause 36(2)(e) is replaced with the following:

(e) to any person, if the medical director believes that compelling circumstances exist that affect the mental or physical health or the safety of the patient or another person;

(e.1) to any person, if the medical director reasonably believes that the disclosure is necessary to prevent or lessen a risk of harm to the health or safety of a minor;

3(3)        If section 16 of The Protecting Children (Information Sharing) Act, S.M. 2016, c. 17, comes into force before the day that this Bill receives royal assent, then clause 2(a) of this Bill is amended by adding the following after the proposed clause 22(2)(b) of The Personal Health Information Act:

(b.1) to any person, if the trustee reasonably believes that the disclosure is necessary to prevent or lessen a risk of harm to the health or safety of a minor;

3(4)        If on the day that this Bill receives royal assent, section 16 of The Protecting Children (Information Sharing) Act, S.M. 2016, c. 17, has not come into force, then that section is replaced with the following:

C.C.S.M. c. P33.5 amended

16           The Personal Health Information Act is amended by replacing clause 22(2)(b) with the following:

(b) to any person, if the trustee believes that compelling circumstances exist that affect

(i) the health or safety of the individual the information is about or another individual, or

(ii) public health or public safety;

(b.1) to any person, if the trustee reasonably believes that the disclosure is necessary to prevent or lessen a risk of harm to the health or safety of a minor;

Coming into force

4           This Act comes into force on the day it receives royal assent.

Explanatory Note

The Mental Health Act and The Personal Health Information Act are amended to broaden the circumstances in which personal health information may be disclosed without an individual's consent. Such information may now be disclosed without consent where compelling health or safety circumstances exist.

The Personal Health Information Act currently provides that information may be disclosed without consent in order to contact a relative or friend of an individual who is ill, injured or incapacitated. An amendment clarifies that the illness, injury or incapacity may be physical or mental.

This Bill includes conditional amendments to deal with the coming into force of The Protecting Children (Information Sharing) Act.