HomeS.M. 1993, c. 29
The Vulnerable Persons Living With A Mental Disability and Consequential Amendments Act
| Back to the Act |
| PART 1 | |
| INTERPRETATION AND ADMINISTRATION | |
| INTERPRETATION | |
| 1(1) | Definitions |
| (2) | Reference to "Act" includes regulations |
| 2 | Presumption of capacity re legal counsel |
| 3 | When Mental Health Act applies |
| 4 | Act subject to Health Care Directives Act |
| 5 | Application if person is 17 years of age |
| 6(1) | Supported decision making |
| (2) | Role of supported decision making |
| ADMINISTRATION | |
| 7 | Appointment of executive director |
| 8 | Delegation by executive director |
| PART 2 | |
| SUPPORT SERVICES | |
| 9 | Support services provided |
| 10(1) | Authority for grants and agreements |
| (2) | Records and disclosure |
| (3) | Audit by an auditor |
| (4) | Access to documents |
| (5) | Action by minister |
| INDIVIDUAL PLAN | |
| 11(1) | Individual plan required |
| (2) | Review of individual plan |
| 12 | Participation in individual planning process |
| MEDIATION | |
| 13 | Mediator appointed |
| 14 | Executive director advised of mediation results |
| 15 | Settlement not binding |
| APPLICATION TO APPEAL BOARD | |
| 16(1) | Matters which may be subject of application |
| (2) | Who may bring application |
| 17(1) | Notice of hearing |
| (2) | Executive director to forward documents |
| 18(1) | Executive director party to application |
| (2) | Parties may be represented by others |
| 19 | Hearing closed to public |
| 20(1) | Appeal board authority |
| (2) | Limitation on appeal board |
| PART 3 | |
| PROTECTION AND EMERGENCY INTERVENTION | |
| PROTECTION | |
| 21(1) | Duty to report |
| (2) | Subsection (1) applies despite restrictions |
| 22(1) | Investigation by executive director |
| (2) | Powers of investigation |
| 23(1) | Order for entry |
| (2) | Authority to enter |
| (3) | Peace officer to assist |
| 24 | Solicitor-client privilege protected |
| 25 | Protective action by executive director |
| EMERGENCY INTERVENTION | |
| 26(1) | Emergency intervention action |
| (2) | Right of entry |
| (3) | Peace officer to assist |
| (4) | Duration of emergency intervention |
| 27 | Placement power of substitute decision maker suspended |
| 28(1) | Duty to inform vulnerable person re emergency intervention |
| (2) | Duty to inform others |
| PART 4 | |
| SUBSTITUTE DECISION MAKING | |
| DIVISION 1 | |
| VULNERABLE PERSONS' COMMISSIONER | |
| 29 | Appointment of commissioner |
| 30 | Authority of commissioner |
| 31 | Delegation |
| 32 | Appointment if order of supervision |
| 33(1) | Register of appointments |
| (2) | Updating of register |
| (3) | Notice of changes |
| (4) | Access to register |
| DIVISION 2 | |
| HEARING PANELS | |
| 34(1) | Hearing panel roster |
| (2) | Composition of roster |
| (3) | Term and reappointment |
| (4) | Remuneration and expenses |
| 35(1) | Hearing panel established |
| (2) | Hearing panel to make recommendations |
| (3) | Two or more matters with respect to same person |
| 36(1) | Three members on each hearing panel |
| (2) | Criteria for appointment |
| (3) | Eligibility |
| (4) | Presiding member |
| (5) | Two members may act if vacancy |
| 37 | Hearing panel to hold hearing |
| 38(1) | Notice of hearing |
| (2) | Content of notice |
| 39 | Information to hearing panel |
| 40(1) | Procedure for hearing panels |
| (2) | Evidence |
| (3) | Vulnerable person entitled to be present |
| (4) | Opportunity to be heard |
| (5) | Representation |
| 41(1) | Hearing closed to public |
| (2) | Ban on publication and broadcast |
| 42(1) | Appointment for other area of decision making |
| (2) | Review of need for appointment in other area |
| (3) | Referral to same hearing panel |
| (4) | Division 3 or 4 applies |
| 43 | Recommendations by hearing panel |
| 44(1) | Recommendations considered |
| (2) | Opportunity to be heard |
| 45 | Documents forwarded to commissioner |
| DIVISION 3 | |
| SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | |
| APPLICATION FOR SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | |
| 46 | Incapacity for personal care |
| 47(1) | Application for appointment |
| (2) | Application in writing |
| (3) | Applications in both areas of decision making |
| (4) | Copy of application to person |
| 48 | No application if committee |
| 49 | Commissioner's preliminary investigation |
| 50(1) | Decision to dismiss application |
| (2) | Decision to request individual plan |
| (3) | Decision to refer application to hearing panel |
| 51(1) | Notice of decision |
| (2) | Reasons upon request |
| (3) | Notice of hearing by hearing panel |
| 52 | Hearing by hearing panel |
| APPOINTMENT OF SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | |
| 53(1) | Decision to appoint |
| (2) | Notice of decision |
| (3) | Decision not to appoint |
| (4) | Reasons upon request |
| 54(1) | Persons eligible for appointment |
| (2) | Conflict of interest |
| 55(1) | Two or more substitute decision makers |
| (2) | Joint substitute decision makers |
| (3) | Alternate substitute decision maker |
| 56 | Effective date of appointment |
| POWERS OF SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | |
| 57(1) | Powers granted must relate to incapacity |
| (2) | Powers that may be granted |
| (3) | Terms and conditions |
| (4) | Duration of appointment |
| 58(1) | Purchase of necessaries |
| (2) | Reimbursement for necessaries purchased |
| LIMITATIONS ON POWERS | |
| 59 | Limitation re custody and divorce |
| 60(1) | Limitation on settlement of claims or proceedings |
| (2) | Exception for Public Trustee |
| 61 | Matters excluded absolutely |
| POWER TO DECIDE WHERE THE VULNERABLE PERSON LIVES | |
| 62(1) | Apprehension order |
| (2) | Procedure |
| (3) | Order |
| (4) | Authority to enter |
| (5) | Peace officer to assist |
| (6) | Copy of order to commissioner |
| 63(1) | Placement in developmental centre |
| (2) | Court approval for placement |
| (3) | Service of notice of application |
| (4) | Copy of application to commissioner |
| (5) | Parties |
| (6) | Grounds for approval |
| (7) | Copy of court order to commissioner |
| 64(1) | Commissioner's approval of temporary placement |
| (2) | Notice of decision |
| 65 | Leaving developmental centre with consent |
| 66 | Returning to developmental centre |
| 67 | Right to leave developmental centre |
| POWER TO MAKE HEALTH CARE DECISIONS | |
| 68 | Limitation on health care power |
| 69(1) | Right to information re health care |
| (2) | Right applies despite restrictions |
| DUTIES OF SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | |
| 70 | Compliance with Act and appointment |
| 71 | Good faith |
| 72 | Provide explanations |
| 73 | Foster independence |
| 74 | Encourage participation |
| 75 | Least restrictive and intrusive course of action |
| 76(1) | Decisions on person's behalf |
| (2) | Best interests re health care |
| RELATED MATTERS | |
| 77 | Information respecting vulnerable person |
| 78 | Right to information |
| 79 | Immunity |
| 80 | No compensation |
| DIVISION 4 | |
| SUBSTITUTE DECISION MAKER FOR PROPERTY | |
| APPLICATION FOR SUBSTITUTE DECISION MAKER FOR PROPERTY | |
| 81 | Incapacity to manage property |
| 82(1) | Application for appointment |
| (2) | Application in writing |
| (3) | Applications in both areas of decision making |
| (4) | Copy of application to person |
| 83 | No application if committee |
| 84 | Commissioner's preliminary investigation |
| 85(1) | Decision to dismiss application |
| (2) | Decision to request individual plan |
| (3) | Decision to refer application to hearing panel |
| 86(1) | Notice of decision |
| (2) | Reasons upon request |
| (3) | Notice of hearing by hearing panel |
| 87 | Hearing by hearing panel |
| APPOINTMENT OF SUBSTITUTE DECISION MAKER FOR PROPERTY | |
| 88(1) | Decision to appoint |
| (2) | Notice of decision |
| (3) | Decision not to appoint |
| (4) | Reasons upon request |
| 89(1) | Persons eligible for appointment |
| (2) | Appointment of non-residents |
| (3) | Conflict of interest |
| 90(1) | Two or more substitute decision makers |
| (2) | Residency requirement where two or more substitute decision makers |
| (3) | Joint substitute decision makers |
| (4) | Alternate substitute decision maker |
| 91 | Effective date of appointment |
| POWERS OF SUBSTITUTE DECISION MAKER FOR PROPERTY | |
| 92(1) | Powers granted must relate to incapacity |
| (2) | Powers that may be granted |
| (3) | Authority of substitute decision maker |
| (4) | Terms and conditions |
| (5) | Exception re trust company and Public Trustee |
| (6) | Duration of appointment |
| LIMITATION ON POWERS | |
| 93(1) | Limitation on settlement of claims or proceedings |
| (2) | Exception for Public Trustee |
| RELATED MATTERS | |
| 94 | Information respecting vulnerable person |
| 95 | Right to information re property |
| 96 | Delivery of property to substitute decision maker |
| 97 | Compensation |
| DUTIES OF SUBSTITUTE DECISION MAKER FOR PROPERTY | |
| 98 | Compliance with Act and appointment |
| 99 | Fiduciary duties |
| 100 | Accounts |
| 101 | Provide explanations |
| 102 | Foster independence |
| 103 | Encourage participation |
| 104 | Considerations in making decisions |
| 105(1) | Standard of care where no compensation |
| (2) | Standard of care where compensation |
| 106(1) | Required expenditures |
| (2) | Guiding principles |
| 107(1) | Liability for damages |
| (2) | Relief from liability |
| ACCOUNTING BY SUBSTITUTE DECISION MAKER FOR PROPERTY | |
| 108(1) | Filing of inventory on appointment |
| (2) | Accounting |
| (3) | Copy of inventory or accounting |
| 109(1) | Accounting on expiration or termination of appointment |
| (2) | Time for providing accounting |
| (3) | Delivery of property |
| 110 | Additional information |
| 111(1) | Public Trustee as substitute decision maker |
| (2) | Accounting by Public Trustee |
| ACCOUNTING ON DEATH OF SUBSTITUTE DECISION MAKER OR VULNERABLE PERSON | |
| 112 | Accounting on death of substitute decision maker |
| 113(1) | Accounting on death of vulnerable person |
| (2) | Powers of Public Trustee on vulnerable person's death |
| APPOINTMENT FOR PERSON RESIDING OUTSIDE MANITOBA | |
| 114(1) | Application for appointment re non-resident |
| (2) | Decision to appoint substitute decision maker for non-resident |
| (3) | Terms and conditions of appointment |
| (4) | Notice of appointment |
| DIVISION 5 | |
| GENERAL PROVISIONS RESPECTING SUBSTITUTE DECISION MAKERS | |
| 115 | Effect of decision by substitute decision maker |
| 116 | Contracts binding |
| 117 | Incidental powers |
| 118(1) | Completion of transactions entered into by vulnerable person |
| (2) | Completion of transactions on death of vulnerable person |
| 119 | Mediation of disputes between substitute decision makers |
| DIVISION 6 | |
| EMERGENCY APPOINTMENT, SUSPENSION AND VARIATION | |
| 120(1) | Application for emergency appointment |
| (2) | Hearing panel not required |
| (3) | Emergency appointment |
| (4) | Term of appointment |
| 121 | Powers of emergency substitute decision maker |
| 122(1) | Notice of decision |
| (2) | Reasons on request |
| EMERGENCY SUSPENSION AND TEMPORARY APPOINTMENT | |
| 123(1) | Application for suspension and temporary appointment |
| (2) | Hearing panel not required |
| (3) | Suspension and temporary appointment |
| (4) | Term of suspension and appointment |
| 124 | Powers of temporary substitute decision maker |
| 125(1) | Notice of decision |
| (2) | Reasons on request |
| EMERGENCY VARIATION | |
| 126(1) | Application for emergency variation |
| (2) | Hearing panel not required |
| (3) | Emergency variation of appointment |
| (4) | Limitation re personal care and property |
| (5) | Term of appointment |
| 127(1) | Notice of decision |
| (2) | Reasons on request |
| GENERAL REQUIREMENTS | |
| 128 | Eligibility for appointment |
| 129 | Powers to be specified |
| DIVISION 7 | |
| TERMINATION, REPLACEMENT AND VARIATION OF APPOINTMENT | |
| APPLICATION AND PROCEDURE | |
| 130(1) | Application for termination, replacement or variation |
| (2) | Form of application |
| (3) | Commissioner may initiate application |
| 131(1) | Refusal to consider frivolous application |
| (2) | Notice of decision to dismiss |
| 132 | Notice of application |
| 133(1) | Decision to refer to hearing panel |
| (2) | Notice of referral to hearing panel |
| (3) | Division 2 applies |
| 134(1) | No referral to hearing panel |
| (2) | Opportunity to be heard |
| 135(1) | Notice of decision |
| (2) | Reasons on request |
| TERMINATION | |
| 136 | Decision to terminate |
| REPLACEMENT | |
| 137(1) | Decision to appoint replacement substitute decision maker |
| (2) | Eligibility for appointment |
| 138 | Powers of replacement substitute decision maker |
| VARIATION | |
| 139(1) | Decision to vary appointment |
| (2) | Limitation re personal care and property |
| (3) | Eligibility for appointment |
| DIVISION 8 | |
| REVIEW OF APPOINTMENT BEFORE RENEWAL | |
| 140(1) | Appointment not renewed if no review |
| (2) | More than one renewal of appointment |
| (3) | Purpose of review |
| 141(1) | Referral to hearing panel |
| (2) | Commissioner may review without referral |
| (3) | Notice of review |
| (4) | Referral if objection |
| 142(1) | Hearing and recommendations |
| (2) | Division 2 applies |
| 143 | Opportunity to be heard |
| DECISION ON A REVIEW | |
| 144(1) | Decision to renew or vary appointment |
| (2) | Powers may be continued on renewal |
| (3) | Limitation re personal care and property |
| (4) | Powers on appointment |
| (5) | Terms and conditions |
| (6) | Duration of appointment |
| 145 | Decision to terminate appointment |
| 146(1) | Notice of decision |
| (2) | Reasons on request |
| DIVISION 9 | |
| APPEAL TO COURT OF QUEEN'S BENCH | |
| 147(1) | Appeal from decision of commissioner |
| (2) | Persons who may appeal |
| (3) | Appeal with leave of court |
| METHOD OF APPEAL | |
| 148 | Notice of application filed |
| 149 | Time for filing and serving |
| 150 | Service of notice of application |
| 151 | Commissioner files decision in court |
| 152(1) | Service on Public Trustee |
| (2) | Public Trustee right to be heard |
| 153 | Stay of decision |
| 154 | Not compellable witness |
| 155 | Appeal as fresh matter |
| POWERS OF COURT | |
| 156(1) | Powers of court on appeal |
| (2) | Powers of court re dismissal of application |
| (3) | Court appoints substitute decision maker |
| (4) | Powers to be specified |
| 157 | Effect of court order |
| 158 | Copy of order to commissioner |
| PART 5 | |
| NOTICE, CONFIDENTIALITY, IMMUNITY, REGULATIONS AND OFFENCES | |
| NOTICE | |
| 159(1) | Notice given by commissioner |
| (2) | Notice given by ordinary mail |
| (3) | Notice to vulnerable person if hearing panel established |
| (4) | Effective notice under clause (3)(b) |
| (5) | When notice mailed |
| (6) | Notice dispensed with |
| (7) | Actual notice sufficient |
| CONFIDENTIALITY | |
| 160 | Duty to maintain confidentiality |
| 161(1) | Information to be furnished |
| (2) | Solicitor-client privilege protected |
| IMMUNITY | |
| 162(1) | Immunity re reporting and furnishing information |
| (2) | Immunity re powers and duties |
| REGULATIONS | |
| 163 | Regulations |
| OFFENCES | |
| 164(1) | Offences |
| (2) | Penalties |
| PART 6 | |
| TRANSITIONAL, CONSEQUENTIAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 165(1) | Transitional: definitions |
| (2) | Orders preserved for three years |
| (3) | Rescission of orders |
| 166(1) | Commissioner's approval of continuation of placement |
| (2) | Time for bringing application |
| (3) | Notice of decision |
| 167 | Placement in developmental centre continued |
| 168 | Right to leave developmental centre |
| 169(1) | Appeal |
| (2) | Division 9 of Part 4 applies |
| CONSEQUENTIAL AMENDMENTS TO THE MENTAL HEALTH ACT | |
| 170(1) | Consequential amendments, C.C.S.M. c. M110 |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (6) | |
| (1.1) | Exception to subsection 26.12(1) |
| (6) | Cancellation of order of supervision |
| (7) | |
| (8) | |
| (3) | Exception |
| (9) | |
| (2) | Exception |
| (10) | |
| (11) | |
| (12) | |
| (13) | |
| (14) | |
| (15) | |
| (16) | |
| (17) | |
| (18) | |
| (19) | |
| (20) | |
| (21) | |
| (22) | |
| (23) | |
| CONSEQUENTIAL AMENDMENTS TO OTHER STATUTES | |
| The Change of Name Act | |
| 171(1) | C.C.S.M. c. C50 amended |
| (2) | |
| 3 | Application and consent by committee or substitute decision maker |
| The Child and Family Services Act | |
| 172(1) | C.C.S.M. c. C80 amended |
| (2) | |
| (3) | |
| The Civil Service Act | |
| 173(1) | C.C.S.M. c. C110 amended |
| (2) | |
| The Civil Service Superannuation Act | |
| 174(1) | C.C.S.M. c. C120 amended |
| (2) | |
| 49 | Mentally incompetent annuitant |
| The Cooperatives Act | |
| 175(1) | C.C.S.M. c. C223 amended |
| (2) | |
| The Corporations Act | |
| 176(1) | C.C.S.M. c. C225 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (6) | |
| The Court of Queen's Bench Surrogate Practice Act | |
| 177(1) | C.C.S.M. c. C290 amended |
| (2) | |
| (3) | Notice where infant or incompetent person affected |
| The Criminal Injuries Compensation Act | |
| 178(1) | C.C.S.M. c. C305 amended |
| (2) | |
| (3) | |
| The Dependants Relief Act | |
| 179(1) | C.C.S.M. c. D37 amended |
| (2) | |
| The Domicile and Habitual Residence Act | |
| 180(1) | C.C.S.M. c. D96 amended |
| (2) | |
| (3) | |
| (4) | Application for approval of change |
| (4) | |
| The Dower Act | |
| 181(1) | C.C.S.M. c. D100 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (6) | |
| (7) | |
| The Fatality Inquiries Act | |
| 182(1) | C.C.S.M. c. F52 amended |
| (2) | |
| (3) | |
| (4) | |
| The District Health and Social Services Act | |
| 183(1) | C.C.S.M. c. H26 amended |
| (2) | |
| The Health Services Insurance Act | |
| 184(1) | C.C.S.M. c. H35 amended |
| (2) | |
| The Homesteads Act | |
| 185(1) | |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (2) | Authority of spouse's substitute decision maker for property |
| The Hospitals Act | |
| 186(1) | C.C.S.M. c. H120 amended |
| (2) | |
| The Manitoba Hydro Act | |
| 187(1) | C.C.S.M. c. H190 amended |
| (2) | |
| The Law of Property Act | |
| 188(1) | C.C.S.M. c. L90 amended |
| (2) | |
| (3) | |
| (4) | |
| (2) | Execution where party under disability |
| (3) | Execution where section 21 applies |
| The Limitation of Actions Act | |
| 189(1) | C.C.S.M. c. L150 amended |
| (2) | |
| (3) | |
| The Liquor Control Act | |
| 190(1) | C.C.S.M. c. L160 amended |
| (2) | |
| (3) | |
| The Mines and Minerals Act | |
| 191(1) | C.C.S.M. c. M162 amended |
| (2) | |
| (3) | |
| The Municipal Act | |
| 192(1) | C.C.S.M. c. M225 amended |
| (2) | |
| The Municipal Assessment Act | |
| 193(1) | C.C.S.M. c. M226 amended |
| (2) | |
| The Parents' Maintenance Act | |
| 194(1) | C.C.S.M. c. P10 amended |
| (2) | |
| (3) | |
| The Pay Equity Act | |
| 195(1) | C.C.S.M. c. P13 amended |
| (2) | |
| The Partnership Act | |
| 196(1) | C.C.S.M. c. P30 amended |
| (2) | |
| The Powers of Attorney Act | |
| 197(1) | C.C.S.M. c. P97 amended |
| (2) | |
| (2) | Effect of appointment of committee or substitute decision maker |
| The Psychologists Registration Act | |
| 198(1) | C.C.S.M. c. P190 amended |
| (2) | |
| The Public Trustee Act | |
| 199(1) | |
| (2) | |
| The Public Works Act | |
| 200(1) | C.C.S.M. c. P300 amended |
| (2) | |
| The Real Property Act | |
| 201(1) | C.C.S.M. c. R30 amended |
| (2) | |
| 34(1) | Application on behalf of infant or person of unsound mind |
| (3) | |
| 172(1) | Guardian, committee or substitute decision maker may act |
| (4) | |
| The Registry Act | |
| 202(1) | C.C.S.M. c. R50 amended |
| (2) | |
| The Securities Act | |
| 203(1) | C.C.S.M. c. S50 amended |
| (2) | |
| The Teachers' Pensions Act | |
| 204(1) | C.C.S.M. c. T20 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| The Manitoba Telephone Act | |
| 205(1) | C.C.S.M. c. T40 amended |
| (2) | |
| The Trustee Act | |
| 206(1) | C.C.S.M. c. T160 amended |
| (2) | |
| (3) | |
| (4) | |
| The Vital Statistics Act | |
| 207(1) | C.C.S.M. c. V60 amended |
| (2) | |
| The Wills Act | |
| 208(1) | C.C.S.M. c. W150 amended |
| (2) | |
| (2) | Application to Public Trustee |
| The Workers Compensation Act | |
| 209(1) | C.C.S.M. c. W200 amended |
| (2) | |
| C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 210 | C.C.S.M. reference |
| 211 | Coming into force |
