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S.M. 1998, c. 36: Table of Contents

S.M. 1998, c. 36

THE MENTAL HEALTH AND CONSEQUENTIAL AMENDMENTS ACT


Section Table of Contents Français
PART 1
INTRODUCTORY PROVISIONS
1 Definitions
2 Mental competence presumed at age 16
3 Meaning of incapacity for personal care
PART 2
VOLUNTARY ADMISSION
4(1) Admission as a voluntary patient
(2) Consent required
5(1) Patient's right to leave facility
(2) Patient may be detained if danger
(3) Examination within 24 hours
6(1) Change of patient's status to involuntary
(2) Psychiatric assessment within 72 hours
(3) Certificate
PART 3
INVOLUNTARY ASSESSMENT AND ADMISSION
7 Description of involuntary admission procedures
PHYSICIAN'S APPLICATION FOR AN INVOLUNTARY PSYCHIATRIC ASSESSMENT
8(1) Physician may apply for involuntary psychiatric assessment
(2) Determining competence to consent
(3) Application within 2 days of examination
(4) Content of application
9(1) Application authorizes detention and assessment
(2) Application valid for 7 days
COURT ORDER FOR AN INVOLUNTARY MEDICAL EXAMINATION
10(1) Justice may order examination by a physician
(2) Reasons
(3) Procedure
11(1) Order for an involuntary medical examination
(2) Order to take into custody
(3) Order valid for 7 days
PEACE OFFICER'S POWER TO TAKE INTO CUSTODY
12(1) Peace officer's power to take into custody
(2) Reasonable measures
GENERAL REQUIREMENTS FOR INVOLUNTARY EXAMINATIONS AND
13(1) Examination within 24 hours
(2) Place of examination
14 Peace officer's duty to inform patient about examination
15(1) Peace officer's duty during examination
(2) Exception
(3) Duty to return person
INVOLUNTARY PSYCHIATRIC ASSESSMENT AND ADMISSION
16(1) Involuntary psychiatric assessment
(2) Psychiatrist who applies cannot certify
(3) Duty of psychiatrist to admit or release
17(1) Requirements for involuntary admission
(2) Determining competence to consent
18(1) Involuntary admission certificate
(2) Content of certificate
(3) Medical director to examine certificate
19 Duration of involuntary admission certificate – 21 days
20(1) Release if admission requirements not met
(2) Release after 72 hours
(3) Detention under another law
RENEWAL CERTIFICATE
21(1) Renewal certificate
(2) Content of certificate
(3) Duty of medical director
(4) Duration of renewal certificate – 3 months
(5) Patient's status if no renewal certificate issued
22 Patient's status on expiry of involuntary admission certificate
CHANGE OF PATIENT'S STATUS TO VOLUNTARY
23(1) Change of status of involuntary patient to voluntary
(2) Change of status certificate
CRIMINAL CODE ADMISSION
24(1) Admission under the Criminal Code
(2) When detention expires under the Criminal Code
(3) Definition of "hospital"
TRANSFER FROM A CORRECTIONAL FACILITY
25(1) Transfer from correctional facility
(2) No discharge of prisoner
PART 4
TREATMENT DECISIONS
PATIENT'S RIGHT TO MAKE TREATMENT DECISIONS
26 Right to refuse treatment
DETERMINING COMPETENCE
27(1) Competence to make treatment decisions
(2) Determining competence
(3) Certificate of incompetence
(4) Notice
(5) Review of certificate
(6) Notice
(7) Duration of certificate
TREATMENT DECISIONS BY OTHERS
28(1) Treatment decisions by others
(2) Person must be available and willing
(3) Requirements for nearest relative
(4) Decisions on patient's behalf
(5) Determining best interests
(6) Physician may rely on nearest relative's statement
(7) Reasonable inquiries
(8) No onus to inquire into existence of proxy or directive
ADMINISTERING TREATMENT
29(1) No treatment without consent
(2) Exception for psychiatric treatment to prevent harm
(3) Method of psychiatric treatment
(4) Detailed record of psychiatric treatment
(5) Emergency medical treatment
REVIEW OF TREATMENT DECISIONS
Application by physician
30(1) Application to review board by physician
(2) Content of application
(3) Order
(4) Regard for patient's expressed wishes
(5) Terms and conditions
(6) No treatment if order appealed
Application by patient
31(1) Application to review board by patient
(2) Criteria for order
(3) Order
PART 5
INFORMATION AND RECORDS
PATIENT'S RIGHT TO INFORMATION
32(1) General information to patients on admission
(2) Posting the information
33(1) Duty to inform patient on admission and change of status
(2) Duty to inform treatment decision maker
(3) Duty of medical director to inform others
(4) If language difficulty
PATIENT'S RIGHT TO EXAMINE CLINICAL RECORD
34(1) Definitions
(2) Patient's right to examine and copy clinical record
(3) How to make a request
(4) Application to review board
(5) Order by review board
(6) Severance of information
(7) Submissions
PATIENT'S RIGHT TO CORRECT CLINICAL RECORD
35(1) Right to request a correction
(2) Written request
(3) Medical director's response
(4) Refusal to correct
(5) Notifying others of a correction or statement of disagreement
(6) No fee
CONFIDENTIALITY OF CLINICAL RECORDS
36(1) Disclosure prohibited without patient's consent
(2) Disclosure without patient's consent
(3) Limit on amount of information disclosed
(4) Clinical records kept confidential
(5) Definition of "health profession"
DISCLOSURE OF CLINICAL RECORD UNDER SUBPOENA OR COURT ORDER
37(1) Disclosure under a subpoena or court order
(2) Statement by attending physician
(3) Hearing by the court
(4) Matters to be considered by court
(5) Clinical record to be returned
NO DISCLOSURE OF INFORMATION BY EMPLOYEES OR OTHERS
38(1) No disclosure by employees or others
(2) Exception
FREEDOM OF INFORMATION ACT DOES NOT APPLY
39 Freedom of Information Act does not apply
PART 6
ADMINISTRATION
CERTIFICATE OF INCOMPETENCE TO MANAGE PROPERTY
40(1) Determining competence to manage property
(2) Considerations
(3) Certificate of incompetence
(4) Notice
41(1) Effect of certificate: Public Trustee as committee
(2) Powers and duties of Public Trustee
42 Duration of certificate
43(1) Cancellation if patient regains competence
(2) Notice
UNAUTHORIZED ABSENCE FROM A FACILITY
44(1) Patient absent without permission
(2) Requirements for voluntary patient
(3) Examination on return
TRANSFER OF INVOLUNTARY PATIENTS OUT OF AND INTO MANITOBA
45(1) Transfer of involuntary patients out of Manitoba
(2) Transfer of involuntary patient into Manitoba
LEAVE CERTIFICATE
46(1) Leave certificate
(2) Patient for whom a leave certificate may be issued
(3) Collaborative development of treatment plan
(4) Patient to be informed
(5) Criteria for issuing a leave certificate
(6) Content of certificate
(7) Patient's obligations
(8) Notice to patient and others
(9) Duration of certificate – 6 months
(10) Status of patient on leave
47(1) Review of leave certificate
(2) If criteria are no longer met
(3) If requirements need amendment
48(1) Cancellation of leave certificate
(2) Return to facility
(3) Assessment on return
PART 7
MENTAL HEALTH REVIEW BOARD
49(1) Mental Health Review Board
(2) Roster of members
(3) Panels
(4) Assigning members to panel
(5) Quorum
(6) Voting
(7) Panel acts as the board
(8) Persons prohibited as members
APPLICATIONS
50(1) Applications
(2) Application on patient's behalf
(3) Application in prescribed form
(4) Deemed application for long term patients
(5) Deemed application for patients on leave
51 Determination to be made as of the day of the hearing
52(1) Parties
(2) Treatment decision maker a party
(3) Board may add parties
(4) Counsel
HEARINGS
53(1) Hearing
(2) Notice of hearing
(3) When hearing must begin
(4) Record of hearing
(5) Private hearing
54(1) Parties may examine evidence
(2) Parties may present evidence
55(1) Powers and duties of the board
(2) Second opinion
ORDERS
56(1) Orders
(2) Notice of order and right to appeal
(3) Written reasons
57 Standard of proof
58 Patient deemed able to instruct counsel
APPEAL TO COURT
59(1) Appeal to court
(2) Time for appeal
(3) Powers of court on appeal
(4) Appeal heard in private
PART 8
COMMITTEESHIP WITHOUT A COURT ORDER
PHYSICIAN'S CERTIFICATE OF INCAPACITY
60(1) Physician's certificate of incapacity
(2) Considerations
(3) Certificate of incapacity
(4) Review of certificate
(5) Director may require information
(6) Notice of intent to issue an order
(7) Director to consider any objections
ORDER APPOINTING PUBLIC TRUSTEE AS COMMITTEE OF BOTH PROPERTY AND
61(1) Order appointing Public Trustee as committee
(2) Exception
(3) Notice to the Public Trustee
(4) Notice to person and person's proxy
(5) Duration of order
(6) Order cancelled if substitute decision maker appointed
(7) Emergency order
62(1) Application to court to cancel order
(2) When application must be made
(3) Notice to the Public Trustee
(4) Public Trustee's role when application pending
(5) Order
POWERS OF PUBLIC TRUSTEE
63(1) Powers of Public Trustee as committee
(2) Powers re personal care
(3) Limitation re treatment and health care
(4) Treatment decisions: best interests
(5) When Public Trustee is nearest relative
(6) Limitations on personal care powers
64(1) Public Trustee may intervene in emergency
(2) Authority to enter
(3) Peace officer to assist
(4) Court order not required
65 Records
REVIEW OF PERSON'S CONDITION
66(1) Physician to review person's condition
(2) Review at patient's request
(3) Review of statement
(4) Director may require information
(5) Director to cancel certificate and order
RELATIONSHIP BETWEEN COMMITTEESHIP AND AN ENDURING POWER OF
67(1) Power of attorney suspended
(2) Public Trustee to inquire about enduring power of attorney
(3) Duty of Public Trustee if attorney exists
(4) Attorney acting in good faith
(5) Notice of decision
(6) Public Trustee protected from liability
(7) Application to court
(8) Time for application
COMMITTEE OF PERSON OUTSIDE MANITOBA
68 Order cancelled if committee appointed in another jurisdiction
69 Order cancelled if person regains competence outside Manitoba
PART 9
COURT-APPOINTED COMMITTEES
DIVISION 1
DEFINITIONS
70 Definition
DIVISION 2
APPLICATION AND APPOINTMENT
APPLICATION
71(1) Application to court for committee
(2) Criteria for committee of property
(3) Criteria for committee of both property and personal care
(4) If another person is already committee
72(1)
(2) Notice of application
(3) Court may dispense with notice
73 Public Trustee entitled to be heard
74 Medical examination
ORDER APPOINTING COMMITTEE
75(1) Order appointing committee of property
(2) Order appointing committee of both property and personal care
(3) Court to consider enduring power of attorney
(4) Court to consider health care directive
(5) No order for a vulnerable person
(6) Contents of order
(7) When order takes effect
(8) Service of order
(9) Costs and expenses
(10) Court may delegate power to a master
76(1) Two or more committees
(2) Joint committees
(3) Alternate committee
SECURITY
77(1) Security
(2) Bond
(3) Public Trustee need not provide security
DIVISION 3
POWERS AND DUTIES OF COMMITTEES OF PROPERTY
POWERS OF COMMITTEE OF PROPERTY
78 Power to manage property
79 Duty of others to provide information and deliver property
80(1) Powers of committee
(2) Restrictions and conditions
81(1) Powers of committee specifically conferred by court
(2) Restrictions and conditions
82 Compensation
DUTIES OF COMMITTEE OF PROPERTY
83 Fiduciary duties
84(1) Required expenditures
(2) Guiding principles
ACCOUNTING BY COMMITTEE OF PROPERTY
85(1) Filing of inventory on appointment
(2) Public Trustee need not file inventory, etc.
(3) Accounting
86(1) Separate account in a financial institution
(2) If committee is the Public Trustee or a trust company
87 Accounting on death of committee
88 Accounting on death of incapable person
DIVISION 4
POWERS AND DUTIES OF COMMITTEE OF BOTH PROPERTY AND PERSONAL CARE
89 Powers re property
90(1) Powers re personal care
(2) Restrictions and conditions
LIMITATIONS ON POWERS
91 Limitation re treatment and health care
92 Limitation re custody and divorce
93 Matters excluded absolutely
DUTIES OF COMMITTEE RESPECTING PERSONAL CARE
94 Good faith
95 Least restrictive and intrusive course of action
96(1) Criteria for making health care decisions
(2) Criteria for making other personal care decisions
DIVISION 5
COMMON PROVISIONS RESPECTING ALL COMMITTEES
97 Effect of decision by committee
98 Contracts binding
99 Completion of transactions
100 Incidental powers
DIVISION 6
TERMINATION, REPLACEMENT AND VARIATION OF APPOINTMENT
101(1) Application for termination, replacement or variation
(2) Notice
TERMINATION
102(1) Decision to terminate
(2) Court to be satisfied about alternative arrangements
103(1) Accounting on termination of appointment
(2) Time for providing accounting
(3) Delivery of property
REPLACEMENT
104(1) Order to appoint replacement committee
(2) Powers of replacement committee
VARIATION
105 Decision to vary appointment
PART 10
GENERAL PROVISIONS CONCERNING THE PUBLIC TRUSTEE AS COMMITTEE
CONVEYING TITLE TO LAND
106(1) Conveying title to land
(2) Evidence in documents of sale
(3) Deemed execution
PUBLIC TRUSTEE AS EXECUTOR OR ADMINISTRATOR
107 Public Trustee as executor or administrator
108 Limited powers of Public Trustee on death
109(1) When incapable person dies with estate of less than $5,000.
(2) Registrar of Queen's Bench to be notified
110 When incapable person dies with personal property of $2,500. or less
NON-RESIDENT INCAPABLE PERSONS
111(1) Administration of estates of persons detained in other provinces
(2) Duties and powers of person appointed
MISCELLANEOUS
112 Evidence of Public Trustee's committeeship
113(1) Unclaimed money held by Public Trustee
(2) Payment over of money claimed
PART 11
GENERAL PROVISIONS
DIRECTORS AND OTHER STAFF
114(1) Appointment of director and others
(2) Authority of Director of Psychiatric Services
115(1) Appointment of medical directors
(2) Authority of medical director
STANDARDS COMMITTEES FOR FACILITIES
116 Standards committee
REPORTS BY FACILITIES
117(1) Reports
(2) Form of information
PROTECTION FROM LIABILITY
118 Protection from liability
OFFENCES
119(1) Supply of intoxicants forbidden
(2) Definition of "intoxicant"
120 Assisting a patient to leave a facility without permission
121 Obstructing officials
122 Ill-treating mentally disordered persons
123 Giving wrong information
124 Penalty
REGULATIONS
125(1) Regulations
(2) Regulations prescribing charges
PART 12
TRANSITIONAL, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO
TRANSITIONAL
126(1) Transitional: definition of "former Act"
(2) Committees continued
(3) Certificates continued
CONSEQUENTIAL AMENDMENTS
The Condominium Act
127 Consequential amendments, C.C.S.M. c. C170
The Dependants Relief Act
128 Consequential amendments, C.C.S.M. c. D37
The Domicile and Habitual Residence Act
129 Consequential amendments, C.C.S.M. c. D96
The Law Reform Commission Act
130 Consequential amendments, C.C.S.M. c. L95
The Marriage Act
131(1) Consequential amendments, C.C.S.M. c. M50
(2)
(3)
(4)
The Mines and Minerals Act
132(1) Consequential amendments, C.C.S.M. c. M162
(2)
(3)
(4)
The Manitoba Public Insurance Corporation Act
133(1) Consequential amendments, C.C.S.M. c. P215
(2)
(3)
The Public Trustee Act
134(1) Consequential amendments, C.C.S.M. c. P275
(2)
(3)
(4)
(2) Annual audit of estates
(3) Minister of Finance to lay accounts before Legislature
(4) Payment for audit charged to estates
The Regional Health Authorities Act
135 Consequential amendments, C.C.S.M. c. R34
The Vulnerable Persons Living with a Mental Disability Act
136(1) Consequential amendments, C.C.S.M. c. V90
(2)
(3)
(4)
The Workers Compensation Act
137 Consequential amendments, C.C.S.M. c. W200
REPEAL AND COMING INTO FORCE
138 Repeal
139 C.C.S.M. reference
140 Coming into force