C.C.S.M. c. V90
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| PART 1
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| INTERPRETATION AND ADMINISTRATION
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| INTERPRETATION
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| 1
| (1)
| Definitions
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|
| (2)
| Reference to "Act" includes regulations
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| 2
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| Presumption of capacity re legal counsel
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| 3
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| When Mental Health Act applies
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| 4
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| Act subject to Health Care Directives Act
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| 5
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| Application if person is 17 years of age
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| 6
| (1)
| Supported decision making
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|
| (2)
| Role of supported decision making
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| ADMINISTRATION
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| 7
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| Appointment of executive director
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| 8
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| Delegation by executive director
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| PART 2
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| SUPPORT SERVICES
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| 9
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| Support services provided
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| 10
| (1)
| Authority for grants and agreements
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|
| (2)
| Records and disclosure
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|
| (3)
| Audit by an auditor
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|
| (4)
| Access to documents
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|
| (5)
| Action by minister
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| INDIVIDUAL PLAN
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| 11
| (1)
| Individual plan required
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|
| (2)
| Review of individual plan
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| 12
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| Participation in individual planning process
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| MEDIATION
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| 13
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| Mediator appointed
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| 14
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| Executive director advised of mediation results
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| 15
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| Settlement not binding
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| APPEAL TO APPEAL BOARD
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| 15.1
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| Decision by executive director
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| 16
| (1)
| Matters which may be subject of appeal
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|
| (2)
| Who may bring appeal
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|
| (3)
| The Social Services Appeal Board Act applies
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| 17 to 19
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| Repealed
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| 20
| (1)
| Repealed
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|
| (2)
| Limitation on appeal board
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| PART 3
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| PROTECTION AND EMERGENCY INTERVENTION
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| PROTECTION
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| 20.1
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| Abuse or neglect of vulnerable person prohibited
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| 20.2
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| Duty to protect vulnerable person from abuse or neglect
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| 21
| (1)
| Duty to report abuse or neglect
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|
| (2)
| Subsection (1) applies despite restrictions
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| 21.1
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| Protection from liability
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| 21.2
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| Adverse employment action prohibited
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| 22
| (1)
| Investigation by executive director
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|
| (2)
| Powers of investigation
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| 23
| (1)
| Order for entry
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|
| (2)
| Authority to enter
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|
| (3)
| Peace officer to assist
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| 24
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| Solicitor-client privilege protected
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| 25
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| Protective action by executive director
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| 25.1
| (1)
| Report regarding professional, etc.
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|
| (2)
| Requirement to investigate
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| 25.2
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| Report to employer
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| EMERGENCY INTERVENTION
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| 26
| (1)
| Emergency intervention action
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|
| (2)
| Right of entry
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|
| (3)
| Peace officer to assist
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|
| (4)
| Duration of emergency intervention
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| 27
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| Placement power of substitute decision maker suspended
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| 28
| (1)
| Duty to inform vulnerable person re emergency intervention
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|
| (2)
| Duty to inform others
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| PART 4
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| SUBSTITUTE DECISION MAKING
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| DIVISION 1
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| VULNERABLE PERSONS' COMMISSIONER
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| 29
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| Appointment of commissioner
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| 30
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| Authority of commissioner
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| 31
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| Delegation
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| 32
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| Appointment if committee
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| 33
| (1)
| Register of appointments
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|
| (2)
| Updating of register
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|
| (3)
| Notice of changes
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|
| (4)
| Access to register
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| DIVISION 2
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| HEARING PANELS
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| 34
| (1)
| Hearing panel roster
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|
| (2)
| Composition of roster
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|
| (3)
| Term and reappointment
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|
| (4)
| Remuneration and expenses
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| 35
| (1)
| Hearing panel established
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|
| (2)
| Hearing panel to make recommendations
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|
| (3)
| Two or more matters with respect to same person
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| 36
| (1)
| Three members on each hearing panel
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|
| (2)
| Criteria for appointment
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|
| (3)
| Eligibility
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|
| (3.1)
| Common-law relationships
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|
| (4)
| Presiding member
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|
| (5)
| Two members may act if vacancy
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| 37
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| Hearing panel to hold hearing
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| 38
| (1)
| Notice of hearing
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|
| (2)
| Content of notice
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| 39
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| Information to hearing panel
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| 40
| (1)
| Procedure for hearing panels
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|
| (2)
| Evidence
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|
| (3)
| Vulnerable person entitled to be present
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|
| (4)
| Opportunity to be heard
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|
| (5)
| Representation
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| 41
| (1)
| Hearing closed to public
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|
| (2)
| Ban on publication and broadcast
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| 42
| (1)
| Appointment for other area of decision making
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|
| (2)
| Review of need for appointment in other area
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|
| (3)
| Referral to same hearing panel
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|
| (4)
| Division 3 or 4 applies
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| 43
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| Recommendations by hearing panel
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| 44
| (1)
| Recommendations considered
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|
| (2)
| Opportunity to be heard
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| 45
|
| Documents forwarded to commissioner
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| DIVISION 3
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| SUBSTITUTE DECISION MAKER FOR PERSONAL CARE
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| APPLICATION FOR SUBSTITUTE DECISION MAKER FOR PERSONAL CARE
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| 46
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| Incapacity for personal care
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| 47
| (1)
| Application for appointment
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|
| (2)
| Application in writing
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|
| (3)
| Applications in both areas of decision making
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|
| (4)
| Copy of application to person
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| 48
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| No application if committee
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| 49
|
| Commissioner's preliminary investigation
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| 50
| (1)
| Decision to dismiss application
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|
| (2)
| Decision to request individual plan
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|
| (3)
| Decision to refer application to hearing panel
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| 51
| (1)
| Notice of decision
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|
| (2)
| Reasons upon request
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|
| (3)
| Notice of hearing by hearing panel
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| 52
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| Hearing by hearing panel
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| APPOINTMENT OF SUBSTITUTE DECISION MAKER FOR PERSONAL CARE
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| 53
| (1)
| Decision to appoint
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|
| (2)
| Notice of decision
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|
| (3)
| Decision not to appoint
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|
| (4)
| Reasons upon request
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| 54
| (1)
| Persons eligible for appointment
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|
| (2)
| Conflict of interest
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| 55
| (1)
| Two or more substitute decision makers
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|
| (2)
| Joint substitute decision makers
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|
| (3)
| Alternate substitute decision maker
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| 56
|
| Effective date of appointment
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| POWERS OF SUBSTITUTE DECISION MAKER FOR PERSONAL CARE
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| 57
| (1)
| Powers granted must relate to incapacity
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|
| (2)
| Powers that may be granted
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|
| (3)
| Terms and conditions
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| (4)
| Duration of appointment
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| 58
| (1)
| Purchase of necessaries
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|
| (2)
| Reimbursement for necessaries purchased
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| LIMITATIONS ON POWERS
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| 59
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| Limitation re custody and divorce
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| 60
| (1)
| Limitation on settlement of claims or proceedings
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|
| (2)
| Exception for Public Trustee
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| 61
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| Matters excluded absolutely
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| POWER TO DECIDE WHERE THE VULNERABLE PERSON LIVES
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| 62
| (1)
| Apprehension order
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|
| (2)
| Procedure
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|
| (3)
| Order
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|
| (4)
| Authority to enter
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|
| (5)
| Peace officer to assist
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| (6)
| Copy of order to commissioner
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| 63
| (1)
| Placement in developmental centre
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|
| (2)
| Court approval for placement
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|
| (3)
| Service of notice of application
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|
| (4)
| Copy of application to commissioner
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|
| (5)
| Parties
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|
| (6)
| Grounds for approval
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|
| (7)
| Copy of court order to commissioner
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| 64
| (1)
| Commissioner's approval of temporary placement
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|
| (2)
| Notice of decision
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| 65
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| Leaving developmental centre with consent
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| 66
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| Returning to developmental centre
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| 67
|
| Right to leave developmental centre
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| POWER TO MAKE HEALTH CARE DECISIONS
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| 68
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| Limitation on health care power
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| 69
| (1)
| Right to information re health care
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|
| (2)
| Right applies despite restrictions
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| DUTIES OF SUBSTITUTE DECISION MAKER FOR PERSONAL CARE
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| 70
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| Compliance with Act and appointment
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| 71
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| Good faith
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| 72
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| Provide explanations
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| 73
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| Foster independence
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| 74
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| Encourage participation
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| 75
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| Least restrictive and intrusive course of action
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| 76
| (1)
| Decisions on person's behalf
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|
| (2)
| Best interests re health care
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| RELATED MATTERS
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| 77
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| Information respecting vulnerable person
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| 78
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| Right to information
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| 79
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| Immunity
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| 80
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| No compensation
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| DIVISION 4
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| SUBSTITUTE DECISION MAKER FOR PROPERTY
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| APPLICATION FOR SUBSTITUTE DECISION MAKER FOR PROPERTY
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| 81
|
| Incapacity to manage property
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| 82
| (1)
| Application for appointment
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|
| (2)
| Application in writing
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|
| (3)
| Applications in both areas of decision making
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|
| (4)
| Copy of application to person
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| 83
|
| No application if committee
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| 84
|
| Commissioner's preliminary investigation
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| 85
| (1)
| Decision to dismiss application
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|
| (2)
| Decision to request individual plan
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|
| (3)
| Decision to refer application to hearing panel
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| 86
| (1)
| Notice of decision
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|
| (2)
| Reasons upon request
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|
| (3)
| Notice of hearing by hearing panel
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| 87
|
| Hearing by hearing panel
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| APPOINTMENT OF SUBSTITUTE DECISION MAKER FOR PROPERTY
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| 88
| (1)
| Decision to appoint
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|
| (2)
| Notice of decision
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|
| (3)
| Decision not to appoint
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| (4)
| Reasons upon request
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| 89
| (1)
| Persons eligible for appointment
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|
| (2)
| Appointment of non-residents
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| (3)
| Conflict of interest
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| 90
| (1)
| Two or more substitute decision makers
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|
| (2)
| Residency requirement where two or more substitute decision makers
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|
| (3)
| Joint substitute decision makers
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|
| (4)
| Alternate substitute decision maker
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| 91
|
| Effective date of appointment
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| POWERS OF SUBSTITUTE DECISION MAKER FOR PROPERTY
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| 92
| (1)
| Powers granted must relate to incapacity
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|
| (2)
| Powers that may be granted
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|
| (3)
| Authority of substitute decision maker
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| (4)
| Terms and conditions
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| (5)
| Exception re trust company and Public Trustee
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| (6)
| Duration of appointment
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| LIMITATION ON POWERS
|
| 93
| (1)
| Limitation on settlement of claims or proceedings
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|
| (2)
| Exception for Public Trustee
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| RELATED MATTERS
|
| 94
|
| Information respecting vulnerable person
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| 95
|
| Right to information re property
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| 96
|
| Delivery of property to substitute decision maker
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| 97
|
| Compensation
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| DUTIES OF SUBSTITUTE DECISION MAKER FOR PROPERTY
|
| 98
|
| Compliance with Act and appointment
|
| 99
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| Fiduciary duties
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| 100
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| Accounts
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| 101
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| Provide explanations
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| 102
|
| Foster independence
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| 103
|
| Encourage participation
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| 104
|
| Considerations in making decisions
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| 105
| (1)
| Standard of care where no compensation
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|
| (2)
| Standard of care where compensation
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| 106
| (1)
| Required expenditures
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|
| (2)
| Guiding principles
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| 107
| (1)
| Liability for damages
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|
| (2)
| Relief from liability
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| ACCOUNTING BY SUBSTITUTE DECISION MAKER FOR PROPERTY
|
| 108
| (1)
| Filing of inventory on appointment
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|
| (2)
| Accounting
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|
| (3)
| Copy of inventory or accounting
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| 109
| (1)
| Accounting on expiration or termination of appointment
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|
| (2)
| Time for providing accounting
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|
| (3)
| Delivery of property
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| 110
|
| Additional information
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| 111
| (1)
| Public Trustee as substitute decision maker
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|
| (2)
| Accounting by Public Trustee
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| ACCOUNTING ON DEATH OF SUBSTITUTE DECISION MAKER OR VULNERABLE PERSON
|
| 112
|
| Accounting on death of substitute decision maker
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| 113
| (1)
| Accounting on death of vulnerable person
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|
| (2)
| Powers of Public Trustee on vulnerable person's death
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| APPOINTMENT FOR PERSON RESIDING OUTSIDE MANITOBA
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| 114
| (1)
| Application for appointment re non-resident
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|
| (2)
| Decision to appoint substitute decision maker for non-resident
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|
| (3)
| Terms and conditions of appointment
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|
| (4)
| Notice of appointment
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| DIVISION 5
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| GENERAL PROVISIONS RESPECTING SUBSTITUTE DECISION MAKERS
|
| 115
|
| Effect of decision by substitute decision maker
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| 116
|
| Contracts binding
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| 117
|
| Incidental powers
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| 118
| (1)
| Completion of transactions entered into by vulnerable person
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|
| (2)
| Completion of transactions on death of vulnerable person
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| 119
|
| Mediation of disputes between substitute decision makers
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| DIVISION 6
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| EMERGENCY APPOINTMENT, SUSPENSION AND VARIATION
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| EMERGENCY APPOINTMENT
|
| 120
| (1)
| Application for emergency appointment
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|
| (2)
| Hearing panel not required
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| (3)
| Emergency appointment
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|
| (4)
| Term of appointment
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| 121
|
| Powers of emergency substitute decision maker
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| 122
| (1)
| Notice of decision
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|
| (2)
| Reasons on request
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| EMERGENCY SUSPENSION AND TEMPORARY APPOINTMENT
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| 123
| (1)
| Application for suspension and temporary appointment
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|
| (2)
| Hearing panel not required
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|
| (3)
| Suspension and temporary appointment
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|
| (4)
| Term of suspension and appointment
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| 124
|
| Powers of temporary substitute decision maker
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| 125
| (1)
| Notice of decision
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|
| (2)
| Reasons on request
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| EMERGENCY VARIATION
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| 126
| (1)
| Application for emergency variation
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|
| (2)
| Hearing panel not required
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|
| (3)
| Emergency variation of appointment
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|
| (4)
| Limitation re personal care and property
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|
| (5)
| Term of appointment
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| 127
| (1)
| Notice of decision
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|
| (2)
| Reasons on request
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| GENERAL REQUIREMENTS
|
| 128
|
| Eligibility for appointment
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| 129
|
| Powers to be specified
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| DIVISION 7
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| TERMINATION, REPLACEMENT AND VARIATION OF APPOINTMENT
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| APPLICATION AND PROCEDURE
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| 130
| (1)
| Application for termination, replacement or variation
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|
| (2)
| Form of application
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|
| (3)
| Commissioner may initiate application
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| 131
| (1)
| Refusal to consider frivolous application
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|
| (2)
| Notice of decision to dismiss
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| 132
|
| Notice of application
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| 133
| (1)
| Decision to refer to hearing panel
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|
| (2)
| Notice of referral to hearing panel
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|
| (3)
| Division 2 applies
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| 134
| (1)
| No referral to hearing panel
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|
| (2)
| Opportunity to be heard
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| 135
| (1)
| Notice of decision
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|
| (2)
| Reasons on request
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| TERMINATION
|
| 136
|
| Decision to terminate
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| REPLACEMENT
|
| 137
| (1)
| Decision to appoint replacement substitute decision maker
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|
| (2)
| Eligibility for appointment
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| 138
|
| Powers of replacement substitute decision maker
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| VARIATION
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| 139
| (1)
| Decision to vary appointment
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|
| (2)
| Limitation re personal care and property
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|
| (3)
| Eligibility for appointment
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| DIVISION 8
|
| REVIEW OF APPOINTMENT BEFORE RENEWAL
|
| 140
| (1)
| Appointment not renewed if no review
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|
| (2)
| More than one renewal of appointment
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|
| (3)
| Purpose of review
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| 141
| (1)
| Referral to hearing panel
|
|
| (2)
| Commissioner may review without referral
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|
| (3)
| Notice of review
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|
| (4)
| Referral if objection
|
| 142
| (1)
| Hearing and recommendations
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|
| (2)
| Division 2 applies
|
| 143
|
| Opportunity to be heard
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| 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
|
| Confidentiality re vulnerable person
|
| 160.1
|
| Confidentiality re person who reports abuse or neglect
|
| 161
| (1)
| Information to be furnished
|
|
| (2)
| Solicitor-client privilege protected
|
| IMMUNITY
|
| 162
| (1)
| Immunity re furnishing information
|
|
| (2)
| Immunity re powers and duties
|
| REGULATIONS
|
| 163
|
| Regulations
|
| OFFENCES
|
| 164
| (1)
| Offences
|
|
| (1.1)
| Onus
|
|
| (2)
| Penalties
|
|
| (3)
| Prosecution within two years
|
| 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
|
| C.C.S.M. REFERENCE AND COMING INTO FORCE
|
| 210
|
| C.C.S.M. reference
|
| 211
|
| Coming into force
|
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