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The Mental Health Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1994, c. 17

The Mental Health Amendment Act

(Assented to July 5, 1994)

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 26.3 is amended by renumbering subsection (1) as section 26.3 and by repealing subsection (2).

3           Subsection 26.5(1)is amended

(a) in clause (a), by adding "under section 26.2" at the end of the clause;

(b) in clause (c), by adding "made under section 24" after "opinion";

(c) in clause (d), by adding "made under section 26.11" after "opinion".

4           Section 26.6 is amended by adding the following after subsection (5):

Second opinion

26.6(5.1)   The review board may, for the purpose of any hearing, arrange for the examination of the patient by a second psychiatrist, and may obtain the opinion of the psychiatrist on the matter under review.

5(1)        The following is added after clause 26.9(3)(f):

(f.1) an agency that is funded in whole or in part by the government and that is engaged in the direct care of the patient, where the delay in obtaining the consent mentioned in clause (a) or (b) is likely to endanger the mental or physical health of the patient; or

5(2)        Clause 26.9(3.1)(a) is repealed and the following is substituted:

(a) when a clinical record is disclosed under clause 3(f.1), (j) or (k), the body receiving it, and its employees, agents and legal advisors, shall treat the clinical record and information from the clinical record as private and confidential information and shall not release or disclose the clinical record or information from the clinical record in any manner that would be detrimental to the personal interest, reputation or privacy of the patient; and

6           Subsection 104(2) of the French version is amended by striking out "certicifat ou une autorisation prévue" and substituting "certificat ou une autorisation prévu".

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