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3rd Session, 41st Legislature

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Bill 229

THE INTOXICATED PERSONS DETENTION 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. I90 amended

1           The Intoxicated Persons Detention Act is amended by this Act.

2           The title of the French version is amended by striking out "EN ÉTAT D'ÉBRIÉTÉ" and substituting "IVRES OU DROGUÉES".

3(1)        Subsection 2(1) is amended

(a) in the French version of the section heading, by striking out "en état d'ébriété" and substituting "ivres ou droguées";

(b) in the English version, by striking out "he" and substituting "the peace officer"; and

(c) in the French version of the section, by striking out "en état d'ébriété" and substituting "ivre ou droguée".

3(2)        The following is added after subsection 2(1):

Meaning of "intoxicated"

2(1.1)      A person is considered to be intoxicated if the person is under the acute influence of alcohol or drugs to an extent that the person

(a) is not fully competent to take care of themselves;

(b) is unaware of or incapable of controlling their behaviour; or

(c) is, or is likely to become, physically violent.

3(3)        Subsection 2(2) of the English version is amended by striking out "him" and substituting "them".

4(1)        Subsection 3(1) of the English version is amended

(a) in the part before clause (a), by striking out "of him shall release him" and substituting "of them must release them"; and

(b) in clause (a),

(i) by striking out "his" and substituting "their", and

(ii) by striking out "himself" wherever it occurs and substituting "themselves".

4(2)        Subsection 3(2) of the English version is amended

(a) by striking out "his" and substituting "their"; and

(b) by striking out "he was" and substituting "they were".

5           Section 4 of the French version is amended by striking out "d'être intoxiqué" and substituting "d'être ivre ou drogué".

Coming into force

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

Explanatory Note

This Bill amends The Intoxicated Persons Detention Act to make it clear that the Act applies to a person under the influence of drugs as well as alcohol. The provisions of the English version are also made gender-neutral.