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The Mental Health Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 1992, c. 51

The Mental Health Amendment Act

(Assented to June 24, 1992)

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           The Mental Health Act is amended by this Act.

2           Section 1 is amended

(a) in the definition "clinical record", by adding ", and includes a document prepared for the purpose of a disposition under Part XX.1 of the Criminal Code (Canada)" after "patient"; and

(b) by adding the following definition in alphabetical order:

"review board" means the review board appointed under section 26.4; («conseil de révision»)

3(1)        Subsection 18(1) is repealed and the following is substituted:

Definitions

18(1)       In this section,

"hospital" means a hospital as defined in section 672.1 of the Criminal Code (Canada); («hôpital»)

"Review Board" means the Review Board established or designated for Manitoba under subsection 672.38(1) of the Criminal Code (Canada). («commission d'examen»)

Admission under Criminal Code

18(1.1)     A person admitted to a hospital under Part XX.1 (Mental Disorder) of the Criminal Code (Canada) is deemed to be admitted as an involuntary patient, and while detained under Part XX.1 the person is subject to the provisions of this Act applicable to an involuntary patient, with the following exceptions:

(a) provisions respecting the status of a patient do not apply to the person; and

(b) the person may be discharged from the hospital only in accordance with Part XX.1 of the Criminal Code (Canada).

Expiry of detention under Criminal Code

18(1.2)     Where a person is detained under Part XX.1 of the Criminal Code (Canada) and the person's detention under that Part is about to expire, a psychiatrist who is employed in or is on the staff of a psychiatric facility may examine the person and assess the person's mental condition and may, if the prerequisites for admission as an involuntary patient set out in subsection 16(1.1) of this Act are met, admit the person in accordance with that subsection to a psychiatric facility as an involuntary patient.

3(2)        The following is added after subsection 18(3):

Protection from civil liability

18(4)       Sections 95 and 96 apply with necessary modifications to the Review Board acting under the authority of this Act or Part XX.1 of the Criminal Code (Canada).

4           Clause 26.9(3)(i) is repealed and the following is substituted:

(i) a Review Board established or designated for Manitoba under subsection 672.38(1) of the Criminal Code (Canada);

Validation

5           All decisions, actions and proceedings taken in respect of the admission to and detention of a person in a hospital under Part XX.1 of the Criminal Code (Canada) as an involuntary patient under The Mental Health Act on and from February 4, 1992 to the day this Act comes into force are hereby declared to be valid and binding on all persons affected by them to the extent that the decisions, actions and proceedings are consistent with Part XX.1 and this Act.

Coming into force

6           This Act is retroactive and is deemed to have come into force on February 4, 1992.