5th Session, 42nd Legislature
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Bill 33
THE ADDICTION SERVICES ACT
| Table of Contents | Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
INTRODUCTORY PROVISIONS
1(1) The following definitions apply in this Act.
"addiction" means
(a) a substance use disorder as described in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, as amended from time to time; or
(b) the use of one or more substances by an individual that continues despite harmful personal, health and social impacts. (« dépendance »)
"addiction services" means any of the following types of services provided to an individual with an addiction:
(a) bed-based treatment services;
(b) supervised consumption services;
(c) withdrawal management services;
(d) other prescribed services relating to addiction treatment or management. (« services de traitement des dépendances »)
"appeal board" means the appeal board established under section 40. (« Commission d'appel »)
"bed-based treatment services" means any of the following services provided to an individual in conjunction with overnight accommodations:
(a) substance use treatment interventions;
(b) support for physical, mental or psychological stabilization;
(c) individual and group counselling;
(d) relapse prevention;
(e) psychoeducation;
(f) other prescribed bed-based treatment services. (« services de traitement avec hébergement »)
"court" means the Court of King's Bench. (« tribunal »)
"director" means the director appointed under section 24. (« directeur »)
"hospital" means a hospital in Manitoba that is designated as a hospital under The Health Services Insurance Act. (« hôpital »)
"licence holder" means a person who holds a valid licence issued under this Act to provide addiction services. (« titulaire de permis »)
"mental health facility" means a facility designated under The Mental Health Act. (« établissement de santé mentale »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"person" includes a partnership. (« personne »)
"prescribed" means prescribed by regulation. (Version anglaise seulement)
"staff", in relation to a licence holder, means
(a) an employee, contractor or volunteer providing addiction services on behalf of a licence holder; and
(b) a physician who has entered into an arrangement with the licence holder to participate in providing addiction services. (« membre du personnel »)
"supervised consumption services" means supervision and other services provided to an individual who attends a facility or other place to avail themselves of an exemption granted under section 56 or 56.1 of the Controlled Drugs and Substances Act (Canada) in order to consume a substance the individual obtained in a manner not authorized under that Act. (« services de consommation supervisée »)
"withdrawal management services" means any of the following services provided to an individual participating in a planned and supervised withdrawal from substance use:
(a) assessment;
(b) monitoring and management of symptoms;
(c) support for physical, mental or psychological stabilization;
(d) other prescribed withdrawal management services. (« services de gestion du sevrage »)
Reference to "Act" includes regulations
1(2) A reference to "this Act" includes the regulations made under this Act.
2(1) This Act applies to the provision of the following types of addiction services:
(a) bed-based treatment services;
(b) supervised consumption services;
(c) withdrawal management services;
(d) prescribed addiction treatment or management services.
2(2) This Act does not apply to the provision of
(a) addiction services in a hospital or a mental health facility unless the hospital or mental health facility, a portion of the hospital or mental health facility or a program operated by the hospital or mental health facility is designated in the regulations;
(b) addiction services in a custodial facility as defined in The Correctional Services Act;
(c) addiction services in a personal care home licensed under The Health Services Insurance Act;
(d) addiction services in a residential care facility licensed under The Social Services Administration Act;
(e) addiction services to an individual in a detoxication centre under The Intoxicated Persons Detention Act while the individual is held in custody under that Act unless the individual voluntarily remains at the detoxication centre after they are entitled to be released;
(f) medical services or medication to respond to a medical emergency resulting from substance use withdrawal; or
(g) addiction services by a prescribed person or class of persons.
PART 2
LICENCE, DUTIES AND LICENSING ACTION
LICENCE
3(1) A person must not provide addiction services except as authorized by a valid licence issued under this Act to that person.
3(2) Subsection (1) does not apply to the staff of a licence holder.
4(1) A person may apply to the director for a licence, the renewal of a licence or an amendment to a licence, in the form approved by the director.
Required information — new licence
4(2) When applying for a licence, the applicant must
(a) provide a description of the type or types of addiction services the applicant proposes to provide;
(b) provide information about the facilities, mobile facilities or other places where the applicant proposes to provide the addiction services;
(c) provide information about the community engagement activities the applicant is required by the regulations to undertake;
(d) provide any other information required by this Act or the director; and
(e) pay the prescribed fee, if any.
Required information — renewal or amendment
4(3) When applying for the renewal or amendment of a licence, the applicant must provide the information required by this Act or the director and pay the prescribed fee, if any.
Director may issue, renew or amend licence
5 The director may issue, renew or amend a licence if the director is satisfied that the applicant
(a) meets the requirements of this Act; and
(b) would provide the addiction services in compliance with this Act.
Specified addiction services authorized
6(1) The director must specify in the licence the addiction services a licence holder is authorized to provide, including
(a) the type or types of addiction services to be provided;
(b) the facility or facilities at which the licence holder is authorized to provide the addiction services;
(c) the maximum number of individuals who may be provided with addiction services at the facility or facilities at any one time;
(d) any addiction services that the licence holder is authorized to provide from a mobile facility and a description of the type of mobile facility from which the addiction services may be provided; and
(e) any addiction services the licence holder is authorized to provide at an individual's private residence or other place outside a facility referred to in clause (b) or (d).
Director may refuse to authorize services
6(2) The director may refuse to authorize any addiction services that the applicant has proposed to provide or limit the provision of those services if the director is not satisfied that the applicant would provide the addiction services in compliance with this Act.
6(3) If the director makes a decision under subsection (2), the director must give written reasons for the decision, along with a notice informing the applicant of the right to appeal the decision under section 39.
Director may refuse to issue licence
7(1) The director may refuse to issue a licence to an applicant if
(a) the applicant fails to meet any requirement of this Act;
(b) the director is not satisfied the applicant would provide the addiction services in compliance with this Act;
(c) based on information about the applicant's current or past solvency, the director is not satisfied that the applicant would provide the addiction services in compliance with this Act;
(d) the applicant has been convicted of an offence relevant to their suitability to provide addiction services under this Act;
(e) the applicant fails to provide any information required by this Act or the director in support of the application;
(f) the applicant provides incomplete, false, misleading or inaccurate information in support of the application;
(g) a licence issued to the applicant
(i) under this Act, or
(ii) by an authority responsible for issuing licences with respect to addiction services in another jurisdiction,
has been cancelled or is, at the time of the application, suspended; or
(h) the director is of the opinion that it is not in the public interest to issue a licence to the applicant, having regard to the need for the addiction services in the community and the results of community engagement activities undertaken by the applicant.
If applicant is a corporation, etc.
7(2) In addition to the grounds set out in subsection (1), the director may refuse to issue a licence to
(a) a corporation if a director or officer of the corporation could be refused a licence under subsection (1);
(b) a partnership if a member of the partnership could be refused a licence under subsection (1); or
(c) an organization if an officer of the organization could be refused a licence under subsection (1).
Director may refuse to renew or amend a licence
8 The director may refuse to renew or amend a licence
(a) for any reason for which the director may refuse to issue a licence under section 7;
(b) if the applicant fails to provide any information required by this Act or the director;
(c) if the applicant provides incomplete, false, misleading or inaccurate information to the director;
(d) if a licence issued to the applicant by an authority responsible for issuing licences with respect to addiction services in another jurisdiction has been cancelled or is, at the time of the application, suspended;
(e) if the applicant contravenes or fails to comply with this Act; or
(f) if the applicant contravenes or fails to comply with a term or condition of the licence.
9 The director must give an applicant written reasons for a decision to refuse to issue a licence, renew a licence or amend a licence, along with a notice informing the applicant of the right to appeal the decision under section 39.
Regulations may impose terms or conditions
10 A licence issued under the Act is subject to any terms and conditions imposed in the regulations.
Director may impose terms or conditions
11(1) The director may issue, renew or amend a licence subject to any terms or conditions the director considers appropriate.
Director may vary or rescind terms or conditions
11(2) The director may vary or rescind a term or condition imposed under subsection (1).
11(3) If the director imposes, varies or rescinds a term or condition on the licence, the director must give written reasons for the decision, along with a notice informing the applicant of the right to appeal the decision under section 39.
12 The director must specify the day on which a licence expires.
Licence not transferable or assignable
13 A licence must not be transferred or assigned.
DUTIES
Licence holder to comply with Act, standards, licence
14 A licence holder must comply with this Act, including standards for the provision of addiction services, and the terms and conditions of their licence.
Licence holder to ensure staff complies with Act and standards
15 A licence holder must ensure that each of their staff members complies with this Act, including standards for the provision of addiction services.
16 A licence holder must hold the insurance coverage required by the regulations.
Reports and information to be provided
17 A licence holder must make reports and provide information to the director in accordance with the regulations, including reports about incidents, such as injuries, deaths or misconduct, that occur in the course of providing addiction services.
18 A licence holder must maintain complete and accurate records in accordance with the regulations.
19(1) A licence holder must post a copy of their licence and any terms or conditions to which their licence is subject
(a) in a visible and prominent place in every facility, including a mobile facility, operated under the licence and on the licence holder's website, if any; or
(b) in the place and manner required by the director.
19(2) The director may exempt the licence holder from the requirement to post their licence, in which case the licence holder must keep the licence in a place where it is accessible to be viewed on request.
20 A licence holder must return their licence to the director and remove any copies of the licence from the licence holder's facilities, website or other place immediately when
(a) the licence is suspended, cancelled or not renewed; or
(b) the licence holder ceases to provide the addiction services for which the licence was issued.
21 Each member of a licence holder's staff must comply with this Act, including standards for the provision of addiction services.
LICENSING ACTION
22(1) Subject to this section, the director may
(a) suspend a licence;
(b) cancel a licence;
(c) make a change to the addiction services a licence holder is authorized to provide under section 6; or
(d) impose or vary terms or conditions on a licence.
Reasons for taking licensing action
22(2) The director may take an action under subsection (1)
(a) for any reason for which the director may refuse to issue a licence under section 7;
(b) if the licence holder fails to provide any information required by this Act or the director;
(c) if the licence holder provides incomplete, false, misleading or inaccurate information to the director;
(d) if a licence issued to the licence holder by an authority responsible for issuing licences with respect to addiction services in another jurisdiction is cancelled or suspended;
(e) if the licence holder contravenes or fails to comply with this Act; or
(f) if the licence holder contravenes or fails to comply with a term or condition of the licence.
When decision becomes effective
22(3) A decision to take an action under subsection (1) takes effect when notice of the decision is given to the person, or on the date specified in the decision, whichever is later.
22(4) The director must give written reasons for the decision, along with a notice informing the licence holder of the right to appeal the decision under section 39.
23 If the director suspends, cancels or refuses to renew a licence and the licence holder appeals the decision, the director may, if satisfied that the licence holder's continued operation would not be a threat to the health, safety or well-being of any individual receiving addiction services, issue a provisional licence, subject to any terms or conditions the director considers appropriate. The provisional licence expires on the earlier of
(a) the day on which the appeal board finally disposes of the appeal; and
(b) six months after the day on which the licence expired or was suspended or cancelled.
PART 3
ADMINISTRATION AND ENFORCEMENT
DIRECTOR
24(1) A director is to be appointed under Part 3 of The Public Service Act to administer and enforce this Act.
24(2) The director may, in writing, authorize an employee of the government to carry out any of the director's duties or exercise any of the director's powers under this Act.
25 The director may approve forms for use in the administration of this Act and may require them to be used.
26(1) The director may require a person to provide records or copies of records that the person is required to make and maintain under this Act for the purpose of
(a) determining compliance with this Act or the terms or conditions of a licence;
(b) verifying the accuracy or completeness of a record or other information provided to the director; or
(c) performing any other duty or function that the director considers necessary or advisable in the administration or enforcement of this Act.
26(2) A person required to provide records or copies of records under subsection (1) must do so.
Director has powers of inspector
27 The director has all the powers of an inspector under this Act.
REGISTRY OF LICENCE HOLDERS
28 The director must maintain a public registry, which may be in electronic form, containing
(a) the name of each licence holder under this Act;
(b) the addiction services each licence holder is authorized to provide;
(c) any terms or conditions imposed on a licence holder's licence;
(d) the day on which the licence expires; and
(e) any other prescribed information.
INSPECTORS
29(1) The minister may designate a person or class of persons employed by the government as inspectors for the purpose of administering and enforcing this Act.
29(2) An inspector exercising a power under this Act must produce identification on request.
INSPECTIONS
30(1) In this section and in sections 31 to 33, "premises" means land or a facility or other structure, whether portable, temporary or permanent, and includes a mobile facility or other vehicle or trailer.
30(2) An inspector may, at any reasonable time and when reasonably required to administer this Act or determine compliance with it,
(a) enter and inspect any premises where
(i) addiction services are provided by a licence holder,
(ii) the inspector has reasonable grounds to believe addiction services are being or have been provided without a licence, or
(iii) the inspector has reasonable grounds to believe records relevant to the administration and enforcement of this Act are maintained;
(b) inspect, audit or examine any record, document or other thing or the provision of addiction services at the premises being inspected;
(c) take photographs or videos or otherwise make a record of any record, document or other thing referred to in clause (b);
(d) require any person to produce for inspection or copying any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration and enforcement of this Act;
(e) inspect and take samples of any material, product or thing relevant to the inspection that is being used or found in or on the premises; and
(f) take any other steps the inspector considers necessary.
30(3) An inspector must not enter a dwelling to conduct an inspection except with the consent of the occupant or under the authority of a warrant.
30(4) A justice, upon being satisfied by information on oath that
(a) an inspector has been refused entry to any premises to carry out an inspection; or
(b) there are reasonable grounds to believe that
(i) an inspector would be refused entry to any premises to carry out an inspection, or
(ii) if an inspector were to be refused entry to any premises to carry out an inspection, delaying the inspection in order to obtain a warrant on the basis of the refusal could be detrimental to the inspection;
may, at any time, issue a warrant authorizing an inspector and any other person named in the warrant to enter the premises and carry out an inspection.
30(5) A warrant under this section may be issued upon application without notice.
31(1) The licence holder, owner or person in charge of the premises being inspected or having custody or control of the relevant records, documents or things must
(a) produce or make available to the inspector any records and things that the inspector requires for the inspection;
(b) provide any assistance or additional information, that the inspector reasonably requires to perform the inspection; and
(c) answer any questions related to the purpose of the inspection that are asked of them by the inspector.
31(2) An inspector may request the assistance of a peace officer when carrying out an inspection.
32(1) In order to inspect records that are maintained electronically at the premises being inspected, the inspector may require the licence holder, owner or person in charge of the premises being inspected or having custody or control of the relevant records to produce the records in the form of a printout or to produce them in an electronically readable format.
32(2) An inspector may use equipment at the premises being inspected to make copies of relevant records and may remove the copies from the place of inspection for further examination.
Inspector may remove records to make copies
32(3) If an inspector is not able to make copies of records at the premises being inspected, the inspector may remove them to make copies must give a receipt to the person from whom they were taken and return the originals as soon as practicable.
32(4) If an inspector takes samples of any material, product or thing, the inspector must give a receipt to the person from whom they were taken and, after the samples have served the purpose for which they were taken, must, on request, return those samples to the person.
Warrant for search and seizure
33(1) A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that
(a) an offence under this Act is being or has been committed; and
(b) there is to be found in any premises any thing that will afford evidence of the offence;
may, at any time, issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the premises for any such thing and to seize it and as soon as practicable bring it before a justice or report on it to a justice, to be dealt with according to law.
33(2) A warrant under this section may be issued upon application without notice.
33(3) An inspector may request the assistance of a peace officer when executing a warrant.
COMPLIANCE ORDERS
34(1) The director may issue a compliance order if the director has reasonable grounds to believe that a licence holder
(a) provides addiction services in a manner that is a threat to the health, safety or well-being of any individual receiving the services; or
(b) is otherwise not in compliance with this Act.
34(2) An order must be in writing and must
(a) name the licence holder to whom the order is directed;
(b) state the reasons for the order;
(c) specify the action to be taken, stopped or modified;
(d) specify the time period within which the licence holder must comply with the order; and
(e) be dated the day on which the order is issued.
Order may contain terms and conditions
34(3) The order may include any terms and conditions that the director considers appropriate.
Director must give copy of order
34(4) The director must give the licence holder a copy of the order, along with a notice informing the licence holder of the right to appeal the order under section 39.
Oral order of director or inspector
35(1) The director or an inspector may give an order under subsection 34(1) orally if the director or the inspector believes that in the time necessary to issue the order in writing the threat to an individual's health, safety or well-being is likely to significantly increase. But the director must confirm the order in writing within 72 hours after it is given orally.
35(2) When the director confirms an oral order under subsection (1), the director must do so in accordance with subsections 34(2) and (4). When confirmed, the order of an inspector becomes an order of the director.
36(1) A compliance order, including an oral order, is effective immediately.
36(2) The director may rescind the order at any time.
37 The licence holder to whom an order is given must comply with it within the time period specified in the order or, in the case of an oral order, within the time period specified by the person who gave the order.
COURT ORDER
Court order to prevent contravention
38(1) On application by the director, and on being satisfied that there is reason to believe that a person has done, is doing or is about to do any thing in contravention of this Act, the court may issue an order requiring the person to refrain from doing that thing.
38(2) The court may make the order on any terms or conditions it considers appropriate.
APPEALS
39 The following decisions of the director may be appealed to the appeal board:
(a) a decision to refuse to issue, renew or amend a licence;
(b) a decision in relation to authorized addiction services under section 6;
(c) a decision to impose a term or condition on a licence, or to vary or rescind a term or condition;
(d) a decision to suspend or cancel a licence;
(e) a decision to issue a compliance order to a licence holder.
40(1) An appeal board is hereby established to hear appeals under section 39.
40(2) The appeal board is to consist of at least three members appointed by the Lieutenant Governor in Council.
Criteria for appointment of members
40(3) Each member must meet the prescribed criteria and must not be an employee of the government.
40(4) Each member must be appointed for a term of not more than three years and continues to hold office until re-appointed or replaced.
40(5) Each member is to receive remuneration and be reimbursed for expenses incurred in accordance with the regulations.
Board to report annually to minister
41(1) The appeal board must report annually to the minister about the affairs and activities of the board.
Summary in department's annual report
41(2) The minister must include a summary of the affairs and activities of the appeal board in the annual report of the minister's department.
42(1) The Lieutenant Governor in Council is to designate one of the members of the appeal board as chair and one or more members as vice-chair.
42(2) A vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.
Appeal heard by single member or panel
43(1) An appeal must be heard by a single member or by a panel of three members.
Chair to determine size and composition
43(2) The chair must
(a) determine whether the appeal is to be heard by a single member or a panel of three members; and
(b) assign members to hear appeals.
43(3) The quorum for a panel of three members is the three members.
43(4) In considering and deciding the appeal,
(a) the single member or the panel has all the jurisdiction of the appeal board and may exercise the board's powers and perform its duties; and
(b) a decision of a majority of the members of the panel is the decision of the appeal board.
Continuation of hearing after resignation of member
43(5) If, after the appeal board has commenced a hearing with a panel of three members, a member of the panel who was present when the hearing commenced dies, resigns or becomes for any reason incapable of acting, the other members of the panel may complete the hearing and give a decision. The hearing and the decision are valid as though the other members constituted a quorum.
44(1) To appeal a decision of the director, a person must file a notice of appeal with the appeal board within 30 days after the decision being appealed is given to the person.
44(2) The notice of appeal must
(a) be made in the approved form; and
(b) include a written statement that sets out the appellant's position in relation to the director's decision.
44(3) On receiving the notice of appeal, the appeal board must promptly give a copy of it to the director.
44(4) The director is a party to the appeal.
45(1) The appeal board must hold a hearing in respect of an appeal.
Appeal board to give notice of hearing
45(2) The appeal board must give the parties reasonable notice of the hearing.
Hearing may be conducted orally or in writing
45(3) The appeal board may hold the hearing orally or in writing, or partly orally and partly in writing. An oral hearing may be conducted by telephone or through the use of other electronic means that permits the appeal board and the parties to communicate with each other simultaneously.
45(4) For the purpose of conducting the appeal, the appeal board
(a) may require the attendance of witnesses and the production of documents; and
(b) has the powers of a commissioner under Part V of The Manitoba Evidence Act.
Board not bound by rules of evidence
45(5) The appeal board is not bound by the rules of evidence that apply to judicial proceedings.
45(6) Subject to this Act, the appeal board may determine its own rules of procedure.
45(7) The appeal board may adjourn the hearing when the board considers it appropriate to do so.
46(1) If the appeal board holds an oral hearing, the hearing must be open to the public unless the board orders otherwise under this section.
Order that a hearing be closed to the public or that a person be identified only by initials
46(2) The appeal board may, on the request of the
director or the appellant or on its own initiative, make an order requiring that
(a) the hearing or any part of it be closed to the public; or
(b) any of the following persons be identified only by initials:
(i) a member of the staff of a licence holder,
(ii) an individual who received addiction services,
(iii) a witness.
46(3) The appeal board may make the order only if it is satisfied that
(a) matters involving public security may be disclosed;
(b) financial, personal or other matters may be disclosed that are of such a nature that the desirability of avoiding public disclosure of those matters outweighs the desirability of adhering to the principle that hearings be open to the public;
(c) a person involved in a civil or criminal proceeding may be prejudiced; or
(d) a person's safety may be jeopardized.
Reasons for the order to be available
46(4) The appeal board must ensure that the order and the reasons for it are either given orally at the hearing or made available to the public in writing.
No publication other than initials
46(5) A person must not publish anything that identifies or may identify a person who, as a result of an order made under subsection (2), can be identified only by initials.
47(1) The appeal board may
(a) confirm, vary or rescind the decision under appeal;
(b) make any decision that the director could have made; or
(c) refer the matter back to the director for further consideration in accordance with the appeal board's instructions.
47(2) The appeal board must give the appellant and the director written reasons for its decision.
47(3) Subject to subsection (4), the appeal board must give its written reasons within 45 days after the hearing ends.
47(4) The chair of the appeal board may extend the time for the board to make a decision.
48(1) The director must give effect to the appeal board's decision.
Appeal decision final and binding
48(2) The appeal board has exclusive jurisdiction to decide an appeal and the decision of the board is final and binding on the appellant and the director.
PART 4
GENERAL PROVISIONS
OFFENCES AND PENALTIES
False or misleading information
49 A person must not knowingly provide false or misleading information in any application, record or report made or maintained under this Act.
50(1) A person who is not a licence holder must not represent or hold out, expressly or by implication, that the person is a licence holder.
Holding out as entitled to provide services
50(2) A person who is neither a licence holder nor a member of a licence holder's staff must not represent or hold out, expressly or by implication, that the person is entitled to provide addiction services under this Act.
51 A licence holder must not provide addiction services under a name that differs from the name under which the holder is licensed under this Act.
52 A person commits an offence who does any of the following:
(a) contravenes a provision of this Act;
(b) fails to comply with an order issued under this Act;
(c) refuses to provide or submit any information required under this Act;
(d) hinders, obstructs or interferes with an inspector conducting an inspection, refuses to answer questions on matters relevant to the inspection or provides the inspector with information on matters relevant to the inspection that the person knows to be false or misleading.
53(1) A person who commits an offence under this Act is liable on conviction,
(a) in the case of an individual, to a fine of not more than $10,000; and
(b) in the case of a corporation, to a fine of not more than $50,000.
53(2) When the contravention continues for more than one day, the person is guilty of a separate offence for each day the offence continues.
Directors and officers of corporations
53(3) If a corporation commits the offence, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence.
53(4) A prosecution for the offence must not be commenced later than two years after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of the director or an inspector. The certificate of the director or an inspector as to the day on which the evidence came to the director's or inspector's knowledge is evidence of that date.
LIABILITY PROTECTION
54 No action or proceeding may be brought against the minister, the director, an inspector or their delegate, or the appeal board or a member of the appeal board for anything done or not done, in good faith, in the exercise or intended exercise of a power or duty under this Act.
PART 5
REGULATIONS
Regulations — Lieutenant Governor in Council
55 The Lieutenant Governor in Council may make regulations
(a) prescribing services relating to addiction treatment or management for the purpose of the definition "addiction services" in subsection 1(1);
(b) prescribing services for the purpose of the definitions "bed-based treatment services" and "withdrawal management services" in subsection 1(1);
(c) designating a hospital or mental health facility, a portion of the hospital or mental health facility or a program operated by the hospital or mental health facility for the purpose of clause 2(2)(a);
(d) prescribing persons or classes of persons to whom this Act does not apply for the purposes of clause 2(2)(g);
(e) prescribing criteria that a person must meet in order to be appointed to the appeal board;
(f) respecting the remuneration and expenses to be paid to members of the appeal board;
(g) respecting the conduct of appeals, including the time period within which an appeal hearing, or any step in the appeal process, must be completed;
(h) exempting persons or classes of persons from the application of this Act or any provision of this Act;
(i) defining any word or expression used but not defined in this Act;
(j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.
56(1) The minister may make regulations
(a) respecting the application for a licence, the renewal of a licence or an amendment to a licence, including
(i) information and records to be provided to the director by an applicant,
(ii) community engagement activities that an applicant must undertake before a licence is issued, renewed or amended, and
(iii) prescribing fees for applying for a licence, the renewal of a licence or an amendment to a licence, or the manner of determining the fees;
(b) respecting issuing, renewing or amending a licence or refusing to issue, renew or amend a licence, including requirements to be met by an applicant or licence holder;
(c) respecting the terms and conditions of licences;
(d) respecting standards and requirements for the provision of addiction services, including standards of care, accommodation, services and programs, and restricting or prohibiting actions in respect of the provision of addiction services;
(e) respecting the management and operation of facilities in which addiction services are provided, including mobile facilities;
(f) respecting the management and provision of addiction services at an individual's private residence or other place outside a facility;
(g) respecting licence holders' duties, including the requirements
(i) for consent to be provided by an individual to receive addiction services,
(ii) for contracts or agreements for the provision of addiction services to individuals, and
(iii) to undertake community engagement activities during the licence period;
(h) respecting requirements for the staff of a licence holder, and governing their powers and duties;
(i) respecting training and courses that the staff of a licence holder must complete;
(j) respecting the insurance coverage that a licence holder must obtain and hold;
(k) respecting incident reporting;
(l) respecting reports and information that a licence holder must provide to the director, including reports containing personal information and personal heath information as defined in The Freedom of Information and Protection of Privacy Act;
(m) respecting records that are to be kept and retained by a licence holder or former licence holder;
(n) prescribing information that must be maintained in the registry of licence holders;
(o) respecting the giving of notices, decisions and other documents under this Act;
(p) respecting the sharing of information between trustees as defined in The Personal Health Information Act for the purpose of resolving concerns, including complaints.
56(2) A regulation under subsection (1) may establish different classes of applicants and licence holders and provide differently for different classes.
PART 6
TRANSITIONAL PROVISIONS, RELATED AMENDMENTS, C.C.S.M. REFERENCE AND COMING INTO FORCE
TRANSITIONAL PROVISIONS
57(1) Subsection 3(1) does not apply to a person who provided addiction services before the day this Act comes into force and intends to provide those services after that day until
(a) six months after the day this Act comes into force or such longer prescribed period; or
(b) the day during the period referred to in clause (a) on which the director issues or refuses to issue a licence to the person on the person's application.
Staff of existing service providers
57(2) Subsection 3(1) does not apply to
(a) an employee, contractor or volunteer providing addiction services on behalf of a person referred to in subsection (1);
(b) a physician who enters into an arrangement with a person referred to in subsection (1) to participate in providing addiction services.
57(3) The Lieutenant Governor in Council may make regulations
(a) respecting the determination of whether a person is providing addiction services before this Act comes into force;
(b) prescribing a period for the purpose of clause (1)(a);
(c) respecting anything required to deal with the transition to this Act, including regulations to remedy any difficulty, inconsistency or impossibility resulting from the transition.
RELATED AMENDMENTS
58 Subsection 1(1) of The Personal Health Information Act is amended in the definition "trustee" by striking out "or health services agency" and substituting "health services agency, or licence holder under The Addiction Services Act".
59(1) The Private Hospitals Act is amended by this section.
59(2) The definition "private hospital" in section 1 is replaced with the following:
"private hospital" means a house or building in which one or more patients are received and lodged for medical treatment or for care and treatment for childbirth, but does not include
(a) a hospital as defined in The Health Services Insurance Act; or
(b) a facility in which addiction services are provided under a licence issued pursuant to The Addiction Services Act. (« clinique privée »)
59(3) Subsection 4(1) is amended by striking out "or" at the end of clauses (a) and (c) and repealing clause (d).
C.C.S.M. REFERENCE
60 This Act may be referred to as chapter A1.8 of the Continuing Consolidation of the Statutes of Manitoba.
COMING INTO FORCE
61 This Act comes into force on a day to be fixed by proclamation.