5th Session, 42nd Legislature

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Bill 23

THE VULNERABLE PERSONS LIVING WITH A MENTAL DISABILITY AMENDMENT ACT

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. V90 amended

1   The Vulnerable Persons Living with a Mental Disability Act is amended by this Act.

2   The title is replaced with "THE ADULTS LIVING WITH AN INTELLECTUAL DISABILITY ACT".

3   The preamble is amended

(a) in the first paragraph, by striking out "vulnerable persons are" and substituting "an adult living with an intellectual disability is";

(b) in the second paragraph, by striking out "vulnerable persons" and substituting "an adult living with an intellectual disability";

(c) in the third paragraph,

(i) by striking out "vulnerable person's support network" and substituting "support network of an adult living with an intellectual disability", and

(ii) by striking out "the vulnerable person" and substituting "the adult";

(d) by replacing the fourth paragraph with the following:

AND WHEREAS it is recognized that when an adult living with an intellectual disability is assisted in decision making, the assistance should be guided by the adult's wishes, values and beliefs and provided in a manner that respects their rights, privacy and dignity and be the least restrictive and least intrusive form of assistance that is appropriate in the circumstances;

(e) in the fifth paragraph, by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability"; and

(f) by adding the following after the fifth paragraph:

AND WHEREAS under the United Nations Convention on the Rights of Persons with Disabilities, which Canada ratified in 2010, member states are expected to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms of adults living with an intellectual disability and promote respect for their inherent dignity;

AND WHEREAS the equality rights of all Canadians, including adults living with an intellectual disability, are enshrined in the Canadian Charter of Rights and Freedoms;

4(1)   Subsection 1(1) is amended

(a) in the definition "abuse", by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability";

(b) in the definition "commissioner", by striking out "Vulnerable Persons' Commissioner" and substituting "Commissioner for Adults Living with an Intellectual Disability";

(c) in the English version of the definition "individual plan", by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability";

(d) in the definition "neglect", by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability";

(e) in the definition "service provider", by striking out "a vulnerable person" wherever it occurs and substituting "an adult living with an intellectual disability";

(f) in the definition "substitute decision maker for personal care", by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability";

(g) in the definition "substitute decision maker for property", by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability";

(h) in the definition "support services", by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability";

(i) by replacing the definition "support network" with the following:

"support network" means one or more persons who provide advice, support or assistance to an adult living with an intellectual disability and may include

(a) the adult's spouse or common-law partner,

(b) other members of the adult's family, and

(c) others chosen by the adult; (« réseau de soutien »)

(j) by adding the following definitions:

"adult living with an intellectual disability" means an adult living with an intellectual disability who needs assistance to meet their basic needs with regard to personal care or management of their property; (« adulte ayant une déficience intellectuelle »)

"intellectual disability" means significantly impaired intellectual functioning existing concurrently with impaired adaptive behaviour both of which manifested before the age of 18 years, but excludes an intellectual disability due exclusively to a mental disorder as defined in section 1 of The Mental Health Act; (« déficience intellectuelle »)

(k) by repealing the definitions "mental disability" and "vulnerable person".

4(2)   Subsection 1(1) is further amended by replacing the definitions "abuse" and "neglect" with the following:

"abuse" means, subject to subsection (3),

(a) the use of physical force resulting in pain, discomfort or injury, including slapping, hitting, beating, burning, rough handling, tying up or binding,

(b) the intentional causing of emotional or psychological harm, including through threats, intimidation, humiliation, harassment, coercion or restriction from appropriate social contact,

(c) sexual contact, activity or behaviour between an adult living with an intellectual disability and an individual in a position of trust or authority,

(d) non-consensual sexual contact,

(e) the theft or destruction of the property of an adult living with an intellectual disability, or

(f) an act or omission prescribed by regulation,

but does not include neglect; (« mauvais traitements »)

"neglect" means, subject to subsection (3), an act or omission that causes or is reasonably likely to cause

(a) the death of an adult living with an intellectual disability,

(b) physical or psychological harm to an adult living with an intellectual disability, or

(c) a significant loss to the property of an adult living with an intellectual disability,

and includes an act or omission prescribed by regulation; (« négligence »)

4(3)   The following is added after subsection 1(2):

Exceptions re definitions of "abuse" and "neglect"

1(3)   The Lieutenant Governor in Council may, by regulation, prescribe circumstances in which an act or omission that would otherwise constitute abuse or neglect is not abuse or neglect.

5   Section 2 is amended by striking out "a vulnerable person or," and substituting "an adult living with an intellectual disability, or".

6   Section 6 is replaced with the following:

Assisted decision making

6(1)   In this section, "assisted decision making" refers to the process whereby an adult living with an intellectual disability is enabled to make and communicate decisions with respect to their personal care or property and in which advice, support or assistance is provided to the adult by members of the adult's support network.

Role of assisted decision making

6(2)   Assisted decision making by an adult living with an intellectual disability with members of their support network should be respected and recognized as an important means of enhancing the adult's self-determination, independence and dignity.

7   Section 12 is amended by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

8   Section 20.2 is amended

(a) in the section heading, by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

9   Subsection 21(1) is amended by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability".

10   Section 21.1 is amended by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability".

11(1)   Subsection 22(1) is amended by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability".

11(2)   The following is added after subsection 22(1):

Director to inform and involve adult living with an intellectual disability

22(1.1)   The executive director shall

(a) take reasonable steps to inform the adult living with an intellectual disability that a report under section 21 has been made and that an investigation is to be conducted; and

(b) attempt, to the fullest practical extent, to

(i) involve the adult in the investigation, and

(ii) determine and accommodate the adult's wishes respecting the conduct of the investigation.

Duty to inform others

22(1.2)   The executive director shall take reasonable steps to inform at least one of the following persons that a report under section 21 has been made and that an investigation is to be conducted:

(a) a currently-appointed substitute decision maker for the adult living with an intellectual disability, if any;

(b) the committee of the adult living with an intellectual disability, if any.

11(3)   Clause 22(2)(a) is amended by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

12   Subsection 23(1) is amended

(a) in clause (a), by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability"; and

(b) in clause (b), by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

13   Section 25 is replaced with the following:

Protective action by executive director

25(1)   If, after an investigation, the executive director believes that an adult living with an intellectual disability is or is likely to be abused or neglected, the executive director may take such action to protect the adult as the executive director considers appropriate, including one or more of the following:

(a) providing or arranging for support services for the adult in accordance with Part 2;

(b) requesting an investigation by a law enforcement agency with jurisdiction respecting the matter;

(c) taking emergency intervention action under section 26;

(d) applying for the appointment of a substitute decision maker under subsection 47(1) or 82(1);

(e) applying for an emergency appointment of a substitute decision maker, or for suspension or variation of an appointment, on an emergency basis under Division 6 of Part 4;

(f) applying for termination of the appointment of a substitute decision maker, replacement of a substitute decision maker or variation of an appointment under Division 7 of Part 4.

Director to inform of findings

25(2)   At the conclusion of an investigation, the executive director shall take reasonable steps to inform the adult living with an intellectual disability and any other person given notice under subsection 22(1.2) of

(a) the findings of the investigation; and

(b) any protective action to be taken.

14   Subsection 25.1(1) is amended

(a) in clause (a), by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability";

(b) in the French version,

(i) by striking out "fait rapport" and substituting "peut faire rapport", and

(ii) by striking out "ou lui" and substituting "ayant commis les actes reprochés ou qui lui".

15   Section 25.2 is replaced with the following:

Report to employer

25.2   If, after an investigation, the executive director believes that an adult living with an intellectual disability has been abused or neglected and the employment duties of the person who abused or neglected the adult

(a) involve the care of an adult living with an intellectual disability, or the provision of support services or other assistance to an adult living with an intellectual disability; or

(b) permit unsupervised access to adults living with an intellectual disability;

the executive director must report the name of the person who abused or neglected the adult to the person's employer or manager or supervisor at the person's place of employment.

16   Clause 25.3(1)(a) is amended by striking out "a vulnerable person" wherever it occurs and substituting "an adult living with an intellectual disability".

17(1)   Subsection 26(1) is amended

(a) in the part before clause (a), by striking out "the vulnerable person, including removing the vulnerable person" and substituting "the adult living with an intellectual disability, including removing the adult"; and

(b) in clauses (a) and (b), by striking out "vulnerable person" and substituting "adult".

17(2)   Subsection 26(2) is amended by striking out "the vulnerable person, including removing the vulnerable person" and substituting "the adult living with an intellectual disability, including removing the adult".

18   Section 27 is amended

(a) by striking out "the vulnerable person who" and substituting "the adult living with an intellectual disability who"; and

(b) by striking out "the vulnerable person should" and substituting "the adult should".

19   Subsection 28(2) is replaced with the following:

Duty to inform others

28(2)   Within 24 hours after taking emergency intervention action with respect to an adult living with an intellectual disability under section 26, the executive director shall take reasonable steps to inform at least one of the following persons of the action taken:

(a) the nearest relative of the adult;

(b) any currently-appointed substitute decision maker for the adult;

(c) the adult's committee, if any;

(d) an adult person with whom the adult lives, if any;

(e) any other person, including a member of the adult's support network, the executive director considers appropriate.

20   The Division heading before section 29 is amended by striking out "VULNERABLE PERSONS' COMMISSIONER" and substituting "COMMISSIONER FOR ADULTS LIVING WITH AN INTELLECTUAL DISABILITY".

21   Section 29 is amended by striking out "Vulnerable Persons' Commissioner" and substituting "Commissioner for Adults Living with an Intellectual Disability".

22   Subclause 36(2)(a)(i) is replaced with the following:

(i) a parent of an adult living with an intellectual disability or another family member of an adult living with an intellectual disability,

23   Subsection 41(2) is amended

(a) in clause (a), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) in the French version, by striking out "la personne en cause est visée" and substituting "l'adulte ou la personne en cause sont visés".

24   Subsection 47(1) is amended by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability".

25   Section 49 is amended

(a) in clause (a), by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability"; and

(b) in clause (b) of the French version, by striking out "sérieux" and substituting "raisonnables".

26   Subsection 50(2) is amended

(a) in the part before clause (a), by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability"; and

(b) in clauses (a) and (b), by striking out "vulnerable person" and substituting "adult".

27   Clause 51(1)(g) is amended by striking out "vulnerable person's support network" and substituting "support network of the adult living with an intellectual disability".

28(1)   Subclause 54(1)(a)(ii) is amended by striking out "vulnerable person's interests" and substituting "interests of the adult living with an intellectual disability".

28(2)   Subsection 54(2) is amended

(a) in the part before subclause (a)(i), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) by replacing clause (b) with the following:

(b) a person is not in a position of conflict by reason only of the fact that the person is

(i) the substitute decision maker for property of the adult living with an intellectual disability,

(ii) the committee of the adult living with an intellectual disability,

(iii) a proxy for the adult living with an intellectual disability,

(iv) a relative of the adult living with an intellectual disability, or

(v) a potential beneficiary of the adult living with an intellectual disability.

29   Subsection 57(2) is replaced with the following:

Powers that may be granted

57(2)   In the appointment of a substitute decision maker for personal care, the commissioner shall specify which of the following powers are granted:

(a) to decide where, with whom and under what conditions the adult living with an intellectual disability is to live;

(b) to give, refuse or withdraw consent to health care on the behalf of the adult living with an intellectual disability;

(c) to decide whether the adult living with an intellectual disability should work and, if so, the nature or type of work, for whom the adult is to work and other related matters;

(d) to decide whether the adult living with an intellectual disability should participate in any educational, vocational, training or lifeskills programs and, if so, the nature and extent of the participation and other related matters;

(e) to decide whether the adult living with an intellectual disability should participate in any social or recreational activities and, if so, the nature and extent of the participation and other related matters;

(f) to commence, continue, settle or defend any claim or proceeding that relates to the adult living with an intellectual disability other than a claim or proceeding that relates to the adult's property;

(g) to make decisions about daily living on behalf of the adult living with an intellectual disability, including decisions regarding support services under Part 2;

(h) any other power specified by the commissioner that is reasonably necessary for the personal care of the adult living with an intellectual disability;

(i) any other power that may be specified in the regulations.

30(1)   Subsection 58(1) is amended by striking out "vulnerable person without the vulnerable person's consent" and substituting "adult living with an intellectual disability without the adult's consent".

30(2)   Subsection 58(2) is replaced with the following:

Reimbursement for necessaries purchased

58(2)   When a substitute decision maker for personal care purchases necessaries for the adult living with an intellectual disability

(a) the adult is liable to pay for them or reimburse the substitute decision maker for personal care for any money spent; or

(b) if there is a substitute decision maker for property, or a committee of the adult's estate, that person shall, out of the estate, pay for the necessaries or reimburse the substitute decision maker for personal care for any money spent.

31   Section 61 is amended

(a) in the part before clause (a), by striking out "the vulnerable person's behalf" and substituting "behalf of the adult living with an intellectual disability"; and

(b) in clause (b), by striking out "vulnerable person's" and substituting "adult's".

32   The centred heading before section 62 is amending by striking out "VULNERABLE PERSON" and substituting "ADULT LIVING WITH AN INTELLECTUAL DISABILITY".

33(1)   Subsection 62(1) is replaced with the following:

Apprehension order

62(1)   A substitute decision maker for personal care may make an application to a justice requesting an order for the apprehension of the adult living with an intellectual disability if

(a) the substitute decision maker has the power under clause 57(2)(a) to decide where, with whom and under what conditions the adult is to live; and

(b) the adult refuses to live where, with whom or under the conditions that the substitute decision maker has decided.

33(2)   Subsection 62(3) is replaced with the following:

Order

62(3)   After a hearing under subsection (2), the justice may issue an order authorizing the substitute decision maker, a peace officer or any other person named in the order to enter any place specified in the order and apprehend the adult living with an intellectual disability if the justice has reasonable grounds to believe that

(a) the applicant is the adult's substitute decision maker and has the power set out in clause 57(2)(a); and

(b) the adult is refusing to live where, with whom or under the conditions that the substitute decision maker has decided.

34(1)   Subsection 63(1) is amended by striking out "a vulnerable person" wherever it occurs and substituting "an adult living with an intellectual disability".

34(2)   Subsection 63(3) is replaced with the following:

Service of notice of application

63(3)   The applicant shall serve the following persons with the notice of application:

(a) the adult living with an intellectual disability;

(b) any currently-appointed substitute decision maker for the adult living with an intellectual disability;

(c) the committee of the adult living with an intellectual disability, if any;

(d) the nearest relative of the adult living with an intellectual disability.

34(3)   Clause 63(5)(c) is amended by striking out "vulnerable person's support network" and substituting "support network of the adult living with an intellectual disability".

34(4)   Subsection 63(6) is amended

(a) in the part before clause (a), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) in clauses (a) to (c), by striking out "vulnerable person" and substituting "adult".

35   Subsection 64(1) is replaced with the following:

Commissioner's approval of temporary placement

64(1)   Despite section 63, on application by a substitute decision maker for personal care who has been granted power under clause 57(2)(a), the commissioner may approve the temporary placement of an adult living with an intellectual disability in a developmental centre for up to three weeks in a year if

(a) the purpose of the placement is to provide respite care for the adult;

(b) the adult requires a level of care that is not readily available outside a developmental centre; and

(c) there is a developmental centre willing to accept the adult.

36   Section 65 is amended by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability".

37   Section 66 is amended

(a) by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability"; and

(b) by striking out "the vulnerable person" and substituting "the adult".

38   Section 67 is amended

(a) by striking out "A vulnerable person" and substituting "An adult living with an intellectual disability"; and

(b) by striking out "that vulnerable person" and substituting "that adult".

39   Section 68 is amended

(a) in the part before clause (a), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) in clause (b), by striking out "vulnerable person" and substituting "adult".

40   Section 72 is amended by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

41   Section 73 is amended by striking out "vulnerable person's independence" and substituting "independence of the adult living with an intellectual disability".

42   Section 74 is amended by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

43(1)   Subsection 76(1) is replaced with the following:

Decisions on person's behalf

76(1)   In making decisions on behalf of the adult living with an intellectual disability, a substitute decision maker for personal care shall be guided by the following considerations:

(a) the adult's wishes;

(b) the adult's values and beliefs if the substitute decision maker has no knowledge of the adult's wishes and has used reasonable diligence to ascertain whether there are such wishes;

(c) the best interests of the adult if

(i) the substitute decision maker has no knowledge of the adult's wishes, values and beliefs and has used reasonable diligence to ascertain whether there are such wishes, values or beliefs, or

(ii) the substitute decision maker cannot follow those wishes, values or beliefs without endangering the health or safety of the adult or another person.

43(2)   Subsection 76(2) is replaced with the following:

Best interests re health care

76(2)   A substitute decision maker for personal care who has the power to make health care decisions under clause 57(2)(b) shall consider the following factors when determining the best interests of the adult living with an intellectual disability under clause (1)(c):

(a) whether the adult's condition or well-being is likely to be improved by the proposed health care;

(b) whether the adult's condition or well-being is likely to improve without the proposed health care;

(c) whether the benefit the adult is expected to obtain from the proposed health care outweighs the risk of harm to the adult;

(d) whether less restrictive or less intrusive health care is a reasonable alternative to the health care proposed.

44   Clause 78(a) is amended by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

45   Subsection 82(1) is amended by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability".

46   Section 84 is amended

(a) in clause (a), by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability"; and

(b) in clause (b) of the French version, by striking out "sérieux" and substituting "raisonnables".

47   Subsection 85(2) is amended

(a) in the part before clause (a), by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability"; and

(b) in clauses (a) and (b), by striking out "vulnerable person" and substituting "adult".

48   Clause 86(1)(g) is amended by striking out "vulnerable person's support network" and substituting "support network of the adult living with an intellectual disability".

49(1)   Subclause 89(1)(a)(ii) is amended by striking out "vulnerable person's interests" and substituting "interests of the adult living with an intellectual disability".

49(2)   Subsection 89(3) is amended

(a) in the part before subclause (a)(i), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) by replacing clause (b) with the following:

(b) a person is not in a position of conflict by reason only of the fact that the person is

(i) the substitute decision maker for personal care of the adult living with an intellectual disability,

(ii) the committee of the adult living with an intellectual disability,

(iii) a proxy for the adult living with an intellectual disability,

(iv) a relative of the adult living with an intellectual disability, or

(v) a potential beneficiary of the adult living with an intellectual disability.

50(1)   Subsection 92(1) is amended

(a) in clause (a), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) in clause (c), by striking out "vulnerable person's property" and substituting "property of the adult living with an intellectual disability".

50(2)   Subsection 92(2) is amended

(a) in clause (c), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) by replacing clauses (h) to (p) with the following:

(h) to give or receive a notice on behalf of an adult living with an intellectual disability that relates to their property;

(i) to carry on the trade or business of the adult living with an intellectual disability;

(j) to exercise a power or give a consent required for the exercise of a power vested in the adult living with an intellectual disability;

(k) to exercise a right or obligation to elect belonging to or imposed on the adult living with an intellectual disability;

(l) to execute any documents on behalf of the adult living with an intellectual disability that are necessary to comply with The Homesteads Act;

(m) to commence, continue, settle or defend any claim or proceeding respecting the property of the adult living with an intellectual disability;

(n) to compromise or settle a debt owing by or to the adult living with an intellectual disability;

(o) to make expenditures from the property of the adult living with an intellectual disability for gifts, donations or loans;

(p) any other power specified by the commissioner that is reasonably necessary for the management of the property of the adult living with an intellectual disability;

51   Clause 95(a) is amended by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

52   Section 100 is amended by striking out "vulnerable person's property" and substituting "property of the adult living with an intellectual disability".

53   Section 101 is amended by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

54   Section 102 is amended by striking out "vulnerable person's independence" and substituting "independence of the adult living with an intellectual disability".

55   Section 103 is amended

(a) by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) by striking out "vulnerable person's" and substituting "adult's".

56   Section 104 is replaced with the following:

Considerations in making decisions

104   In making decisions on behalf of the adult living with an intellectual disability, a substitute decision maker for property shall

(a) take into consideration the adult's wishes, values and beliefs, to the extent that they can be ascertained; and

(b) act in the best interests of the adult and the adult's estate.

57   Subsection 106(1) is replaced with the following:

Required expenditures

106(1)   Subject to any terms and conditions in the appointment or in the regulations, a substitute decision maker for property shall make the following expenditures from the property of the adult living with an intellectual disability:

(a) expenditures that are reasonably necessary for the adult's support, education and care;

(b) expenditures that are reasonably necessary for the support, education and care of the adult's dependents;

(c) expenditures that are necessary to satisfy the adult's other legal obligations.

58(1)   Clause 108(1)(a) is amended by striking out "vulnerable person's property, debts and liabilities" and substituting "property, debts and liabilities of the adult living with an intellectual disability".

58(2)   Subsection 108(3) is amended

(a) in clause (a), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) by replacing clause (b) with the following:

(b) the substitute decision maker for personal care of the adult living with an intellectual disability;

59(1)   Subsection 109(1) is amended

(a) in the part before clause (a), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) in clauses (b) and (c), by striking out "vulnerable person" and substituting "adult".

59(2)   Subsection 109(3) is replaced with the following:

Delivery of property

109(3)   A substitute decision maker for property whose appointment expires or is suspended or terminated for any reason shall as soon as reasonably possible deliver any property of the adult living with an intellectual disability that is in their custody or under their control and any relevant documents, records or information to

(a) the adult; or

(b) the adult's new substitute decision maker for property, if any.

60   Subsection 111(2) is replaced with the following:

Accounting by Public Guardian and Trustee

111(2)   If the Public Guardian and Trustee is the substitute decision maker for property, and the appointment of the Public Guardian and Trustee expires or is suspended or is terminated for any reason, the Public Guardian and Trustee shall provide an accounting of the property, debts, liabilities, receipts and disbursements of the adult living with an intellectual disability to

(a) the adult; and

(b) any substitute decision maker for property for the adult who is appointed in the place of the Public Guardian and Trustee.

61   The centred heading before section 112 is amended by striking out "VULNERABLE PERSON" and substituting "ADULT LIVING WITH AN INTELLECTUAL DISABILITY".

62   Subsections 113(1) and (2) are replaced with the following:

Accounting on death of adult living with an intellectual disability

113(1)   On the death of an adult living with an intellectual disability, the adult's substitute decision maker for property shall

(a) provide an accounting to the executor under the will or to the administrator of the estate of the adult; and

(b) deliver any property of the adult in their custody or under their control to the executor or administrator.

Powers of Public Guardian and Trustee on adult's death

113(2)   If the Public Guardian and Trustee is the substitute decision maker for property for an adult living with an intellectual disability who dies, until notified of the appointment of an executor or administrator for the adult, the Public Guardian and Trustee may, with respect to property which is under the power of the Public Guardian and Trustee,

(a) exercise the powers of an executor under the will or an administrator of the estate of the adult for the purpose of paying the adult's debts and funeral expenses and gathering in the assets of the adult's estate; and

(b) commence, continue or defend any claim or proceeding on behalf of the estate of the adult.

63   Section 116 is replaced with the following:

Contracts binding

116   If a substitute decision maker enters into a contract on behalf of an adult living with an intellectual disability in accordance with this Act, the contract is binding on the adult after the appointment expires or is suspended or is terminated, and on the adult's executors, administrators or heirs after the adult dies, in the same manner and to the same extent as if the adult had made the contract and had been an adult capable of making the contract.

64   Subsection 118(2) is amended

(a) in the section heading, by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) by striking out "vulnerable person's death" and substituting "death of the adult living with an intellectual disability".

65   Subsection 126(3) is amended

(a) in clause (a), by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) in clause (b), by striking out "person" and substituting "adult".

66   Subsection 130(3) of the English version is amended by striking out "his" and substituting "the commissioner's".

67   Section 132 is replaced with the following:

Notice of application

132   Except where the commissioner has refused to consider an application under section 131, the commissioner shall give notice of an application to

(a) the adult living with an intellectual disability;

(b) any currently-appointed substitute decision maker for the adult living with an intellectual disability;

(c) the proposed substitute decision maker, if any;

(d) the committee of the adult living with an intellectual disability, if any;

(e) the nearest relative of the adult living with an intellectual disability; and

(f) any other person, including a member of the support network of the adult living with an intellectual disability, the commissioner considers appropriate.

68   Subsection 141(3) is replaced with the following:

Notice of review

141(3)   The commissioner shall give notice of the review and the procedure that has been chosen to

(a) the adult living with an intellectual disability;

(b) any currently-appointed substitute decision maker for the adult living with an intellectual disability;

(c) the committee of the adult living with an intellectual disability, if any;

(d) the nearest relative of the adult living with an intellectual disability; and

(e) any other person, including a member of the support network of the adult living with an intellectual disability, the commissioner considers appropriate.

69   The heading for Part 5 is amended by striking out "AND OFFENCES" and substituting ", OFFENCES AND REVIEW".

70   Section 160 is replaced with the following:

Confidentiality re adult living with an intellectual disability

160   The commissioner, an executive director, a member of a hearing panel and any person engaged in the administration of this Act shall maintain confidentiality with respect to all information about an adult living with an intellectual disability which comes to their knowledge in the performance of duties or the exercise of powers under this Act, and shall not disclose such information except

(a) with the consent of the adult to whom the information relates or, if that adult is incapable of providing consent, with the consent of a person authorized to consent on the adult's behalf;

(b) in accordance with this Act;

(c) where disclosure is required by another Act;

(d) by order of a court;

(e) where disclosure is necessary to the performance of duties or exercise of powers under this Act; or

(f) where, in the opinion of the person requested to disclose information, disclosure is in the best interests of the adult.

71   Section 160.1 is amended

(a) in the section heading and in the part before clause (a) of the French version, by striking out "fait rapport d'un" and substituting "signale un"; and

(b) in clause (e), by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

72   Section 163 is amended

(a) in clause (b), by striking out "vulnerable persons" and substituting "adults living with an intellectual disability";

(b) in clauses (f) and (g), by striking out "a vulnerable person's property" and substituting "the property of the adult living with an intellectual disability"; and

(c) in clause (k), by striking out "vulnerable persons" and substituting "adults living with an intellectual disability".

73(1)   Subsection 164(1) is replaced with the following:

Offences

164(1)   A person is guilty of an offence under this Act who

(a) abuses or neglects an adult living with an intellectual disability in contravention of section 20.1;

(b) fails to take all reasonable steps to protect an adult living with an intellectual disability as required under section 20.2;

(c) fails, refuses or neglects to report that an adult living with an intellectual disability is or is likely to be abused or neglected as required under section 21;

(d) interferes with any person who is attempting to report, reports or has reported that an adult living with an intellectual disability is or is likely to be abused or neglected;

(e) discloses the identity of a person who makes a report of abuse or neglect, in contravention of section 160.1;

(f) dismisses, suspends, demotes, disciplines, harasses, interferes with or otherwise disadvantages a person who makes a report of abuse or neglect, in contravention of section 21.2;

(g) interferes with the commissioner, executive director or any person in the exercise of powers or the performance of duties under this Act;

(h) withholds, destroys, conceals or refuses to furnish any information, or produce any record, paper or thing required to be produced under this Act;

(i) publishes in a newspaper or other publication, or broadcasts on radio or television, the name or other identifying information of

(i) an adult living with an intellectual disability, or

(ii) a person for whom an application for the appointment of a substitute decision maker is made,

who is the subject of a hearing before a hearing panel;

(j) falsely holds themselves out, or falsely represents themselves, as a substitute decision maker for an adult living with an intellectual disability, or as a substitute decision maker having powers other than those powers granted by the commissioner; or

(k) in a statement made in any proceeding under this Act, asserts something that the person knows to be untrue.

73(2)   Subsection 164(1.1) is amended

(a) by striking out "clause (1)(a.1)" and substituting "clause (1)(b)"; and

(b) by striking out "a vulnerable person" and substituting "an adult living with an intellectual disability".

74   The following is added after section 164:

REVIEW OF ACT

Review of Act

164.1(1)   Within five years after this section comes into force and every 10 years after that, the minister must appoint a person to undertake a comprehensive review of the effectiveness of this Act and report their findings to the minister.

LG in C approval required

164.1(2)   The appointment is subject to the approval of the Lieutenant Governor in Council.

Consultation

164.1(3)   A person undertaking a review under this section must consult with the public and, in particular, with adults living with an intellectual disability and their families.

Contents of report

164.1(4)   A report may include recommendations for improving the effectiveness of this Act.

Tabling report in Assembly

164.1(5)   The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives it.

75(1)   Subsection 166(1) is amended

(a) in the part before clause (a), by striking out "a vulnerable person" wherever it occurs and substituting "an adult living with an intellectual disability"; and

(b) in clause (a), by striking out "vulnerable person" and substituting "adult living with an intellectual disability".

75(2)   Subsection 166(3) is replaced with the following:

Notice of decision

166(3)   The commissioner shall give notice of a decision under subsection (1) to

(a) the adult living with an intellectual disability;

(b) the applicant;

(c) any currently-appointed substitute decision maker for the adult living with an intellectual disability;

(d) the committee of the adult living with an intellectual disability, if any;

(e) the nearest relative of the adult living with an intellectual disability; and

(f) any other person, including a member of the support network of the adult living with an intellectual disability, the commissioner considers appropriate.

76   Section 167 is replaced with the following:

Placement in developmental centre continued

167   A substitute decision maker for personal care who has been granted power under clause 57(2)(a) to decide where an adult living with an intellectual disability is to live

(a) may continue the placement of the adult living with an intellectual disability in a developmental centre for 60 days from the date on which the substitute decision maker receives notice of their appointment; and

(b) when an application is made under subsection 166(1), the substitute decision maker may continue the placement of an adult living with an intellectual disability in a developmental centre until the application is finally disposed of under this Act.

77   Section 210 is replaced with the following:

C.C.S.M. reference

210   This Act may be referred to as chapter A6.1 of the Continuing Consolidation of the Statutes of Manitoba.

78   The provisions of The Vulnerable Persons Living with a Mental Disability Act identified in Column 1 of the Schedule to this Act are amended, with necessary grammatical changes, in the manner set out opposite in Columns 2 and 3.

RELATED AMENDMENTS

Related amendments, C.C.S.M. c. P144

79   Subsection 1(1) of The Protection for Persons in Care Act is amended

(a) in the definition "patient", by striking out "a vulnerable person within the meaning of The Vulnerable Persons Living with a Mental Disability Act" in the part after clause (d) and substituting "an adult living with an intellectual disability within the meaning of The Adults Living with an Intellectual Disability Act";

(b) by replacing the definition "abuse" with the following:

"abuse" means, subject to subsection (2),

(a) the use of physical force resulting in pain, discomfort or injury, including slapping, hitting, beating, burning, rough handling, tying up or binding,

(b) the intentional causing of emotional or psychological harm, including through threats, intimidation, humiliation, harassment, coercion or restriction from appropriate social contact,

(c) sexual contact, activity or behaviour between a patient and an individual in a position of trust or authority,

(d) non-consensual sexual contact,

(e) the theft or destruction of the property of a patient, or

(f) an act or omission prescribed by regulation,

but does not include neglect; (« mauvais traitements »)

(c) by replacing clause (b) of the definition "neglect" with the following:

(b) causes or is reasonably likely to cause

(i) the death of a patient,

(ii) physical or psychological harm to a patient, or

(iii) a significant loss to the property of a patient;

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. A4 amended

80(1)   The Adult Abuse Registry Act is amended by this section.

80(2)   Section 1 is amended

(a) in clause (a) of the definition "abuse", by striking out "a vulnerable person under The Vulnerable Persons Living with a Mental Disability Act" and substituting "an adult living with an intellectual disability under The Adults Living with an Intellectual Disability Act";

(b) in clause (a) of the definition "designated Act", by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act";

(c) in clause (a) of the definition "designated officer", by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act";

(d) in clause (a) of the definition "neglect", by striking out "a vulnerable person under The Vulnerable Persons Living with a Mental Disability Act" and substituting "an adult living with an intellectual disability under The Adults Living with an Intellectual Disability Act"; and

(e) in the definition "specified adult", by replacing clause (a) with the following:

(a) with respect to The Adults Living with an Intellectual Disability Act, an adult living with an intellectual disability; and

80(3)   Subclauses 21(1.1)(b)(ii) and (c)(ii) and clause 40(2)(f) are amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. A6.7 amended

81   Section 1 of The Advocate for Children and Youth Act is amended in subclause (h)(ii) of the definition "designated service" by striking out "a mental disability (as defined in The Vulnerable Persons Living with a Mental Disability Act)" and substituting "an intellectual disability (as defined in The Adults Living with an Intellectual Disability Act)".

C.C.S.M. c. C50 amended

82   Clause 3(b) of The Change of Name Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. C80 amended

83(1)   The Child and Family Services Act is amended by this section.

83(2)   Subclause 14(1)(b)(i) is amended by striking out "a mental disability as defined in The Vulnerable Persons Living with a Mental Disability Act" and substituting "an intellectual disability as defined in The Adults Living with an Intellectual Disability Act".

83(3)   Clause 76(3)(h) is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. C120 amended

84   Clause 49(b) of The Civil Service Superannuation Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. C170 amended

85   Clause 292(1)(c) of The Condominium Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. C225 amended

86(1)   The Corporations Act is amended by this section.

86(2)   Clause 47(2)(d) and the part of section 196 before clause (a) are amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

86(3)   Clause 322(1)(c) is amended by striking out "a vulnerable person under The Vulnerable Persons Living with a Mental Disability Act" and substituting "an adult living with an intellectual disability under The Adults Living with an Intellectual Disability Act".

86(4)   Subsection 323(1) is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. C290 amended

87   Subclause 43(3)(b)(ii) of The Court of King's Bench Surrogate Practice Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. D37 amended

88   Clause 5(c) of The Dependants Relief Act is replaced with the following:

(c) an adult living with an intellectual disability within the meaning of The Adults Living with an Intellectual Disability Act;

C.C.S.M. c. D96 amended

89(1)   The Domicile and Habitual Residence Act is amended by this section.

89(2)   Clause (b) of the definition "mentally incompetent person" in section 1 is amended

(a) by striking out "a vulnerable person within the meaning of The Vulnerable Persons Living with a Mental Disability Act" and substituting "an adult living with an intellectual disability within the meaning of The Adults Living with an Intellectual Disability Act"; and

(b) by striking out "the person" and substituting "the adult".

89(3)   Clause 10(4)(b) is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. E30 amended

90   Section 1 of The Elections Act is amended in clause (c) of the definition "health care facility" by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. F52 amended

91   In the following provisions of The Fatality Inquiries Act, "The Vulnerable Persons Living with a Mental Disability Act" is struck out and "The Adults Living with an Intellectual Disability Act" is substituted:

(a) clause 7.1(1)(k);

(b) subclause 19(5)(b)(iv);

(c) subsection 43(1) in the part before clause (a).

C.C.S.M. c. F157 amended

92   Schedule A of The Francophone Community Enhancement and Support Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. F175 amended

93(1)   The Freedom of Information and Protection of Privacy Act is amended by this section.

93(2)   Clause 37(1)(l) is amended by striking out "Vulnerable Persons Commissioner" and substituting "Commissioner for Adults Living with an Intellectual Disability".

93(3)   Clause 79(b) is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. H80 amended

94   In the following provisions of The Homesteads Act, "The Vulnerable Persons Living with a Mental Disability Act" is struck out and "The Adults Living with an Intellectual Disability Act" is substituted:

(a) section 1 in the definition "substitute decision maker for property";

(b) subsection 25(2).

C.C.S.M. c. H190 amended

95   Section 1 of The Manitoba Hydro Act is amended in the definition "owner" by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. I40 amended

96   Clause 41.8(e) of The Insurance Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. L90 amended

97   Subsection 22(2) of The Law of Property Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. L150 amended

98   Clause 15(3)(b) of The Limitations Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. M110 amended

99(1)   The Mental Health Act is amended by this section.

99(2)   Section 1 is amended in the definition "mental disorder" by striking out "a mental disability as defined in The Vulnerable Persons Living with a Mental Disability Act" and substituting "an intellectual disability as defined in The Adults Living with an Intellectual Disability Act".

99(3)   Clause 60(1)(b) is replaced with the following:

(b) the incapacity is not due exclusively to an intellectual disability as defined in The Adults Living with an Intellectual Disability Act;

99(4)   Subsection 61(2) is amended by striking out "a mental disability as defined in The Vulnerable Persons Living with a Mental Disability Act" and substituting "an intellectual disability as defined in The Adults Living with an Intellectual Disability Act".

99(5)   Subsection 61(6) is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

99(6)   Subsection 75(5) is amended

(a) in the section heading, by striking out "vulnerable person" and substituting "adult living with an intellectual disability"; and

(b) by striking out "a mental disability as defined in The Vulnerable Persons Living with a Mental Disability Act" and substituting "an intellectual disability as defined in The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. M199 amended

100   Section 1 of The Missing Persons Act is amended in clause (b) of the definition "vulnerable person" by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. M226 amended

101   Subsection 1(1) of The Municipal Assessment Act is amended in clause (d) of the definition "hospital" by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. M257 amended

102   Section 1 of The Municipal Councils and School Boards Elections Act is amended in clause (c) of the definition "health care facility" by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. P10 amended

103   Section 4 and clause 10(a) of The Parents' Maintenance Act are amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. P33.5 amended

104   Clause 60(1)(d) of The Personal Health Information Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. P97 amended

105(1)   The Powers of Attorney Act is amended by this section.

105(2)   Clause 13(a) is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

105(3)   Subsection 14(1) is amended

(a) in the section heading of the English version, by striking out "Vulnerable Persons Act" and substituting "Adults Living with an Intellectual Disability Act"; and

(b) by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. P205 amended

106   Section 1 of The Public Guardian and Trustee Act is amended in the definition ""substitute decision maker" and "substitute decision maker for property"" by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. P300 amended

107   Subclause 4(b)(iii) of The Public Works Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. R30 amended

108   Subclauses 34(1)(b)(ii) and 172(1)(b)(ii) of The Real Property Act are amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. R50 amended

109   Section 1 of The Registry Act is amended in the definition "instrument" by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. S167 amended

110   Section 1 of The Social Services Appeal Board Act is amended in the definition "designated Act" by replacing clause (e) with the following:

(e) The Adults Living with an Intellectual Disability Act,

C.C.S.M. c. T20 amended

111   Subsection 1(1) of The Teachers' Pensions Act is amended by replacing the definition "substitute decision maker for property" with the following:

"substitute decision maker for property" means a substitute decision maker for property appointed for an adult living with an intellectual disability under The Adults Living with an Intellectual Disability Act who has the power to receive payments on behalf of that adult; (« subrogé à l'égard des biens »)

C.C.S.M. c. T160 amended

112   Section 1 of The Trustee Act is amended in the definition "trust corporation" by striking out "a vulnerable person under The Vulnerable Persons Living with a Mental Disability Act" and substituting "an adult living with an intellectual disability under The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. V55 amended

113   Subsection 50(3) of The Victims' Bill of Rights is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. W150 amended

114   Subsection 24(1) of The Wills Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

C.C.S.M. c. W200 amended

115   Subsection 24(8) of The Workers Compensation Act is amended by striking out "The Vulnerable Persons Living with a Mental Disability Act" and substituting "The Adults Living with an Intellectual Disability Act".

COMING INTO FORCE

Coming into force — royal assent

116(1)   Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

116(2)   The following provisions come into force on a day to be fixed by proclamation:

(a) subsections 4(2) and (3);

(b) clauses 79(b) and (c).

SCHEDULE

(Section 78)