2nd Session, 43rd Legislature

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Bill 33

THE PUBLIC HEALTH AMENDMENT ACT

(Assented to                                         )

WHEREAS when protecting public health, it may be necessary to detain a person to prevent the spread of a communicable disease or a contaminant;

AND WHEREAS the decision to detain a person involves a careful balancing of the person's rights and freedoms with the need to protect public health;

AND WHEREAS a person detained for public health reasons should be treated with dignity and respect in a hospital or other facility and ought not to be detained in a correctional facility;

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

C.C.S.M. c. P210 amended

1   The Public Health Act is amended by this Act.

2   Subsection 1(1) is amended by adding the following definition:

"judicial justice of the peace" means a person appointed as a judicial justice of the peace under The Provincial Court Act. (« juge de paix judiciaire »)

3(1)   Clause 43(2)(e) is amended by striking out "facility" and substituting "prescribed facility".

3(2)   Subsection 43(5) is amended, in the part before clause (a) and in clause (b), by striking out "facility" and substituting "prescribed facility".

4(1)   Subsection 47(1) is amended by striking out "justice" and substituting "judicial justice of the peace or a provincial judge".

4(2)   Subsection 47(4) is amended

(a) by replacing the section heading of the English version with "Apprehension order";

(b) in the part before clause (a), by striking out "a justice" and substituting "the judicial justice of the peace or the provincial judge"; and

(c) in the part after clause (b), by striking out "justice" and substituting "judicial justice of the peace or the provincial judge".

4(3)   Subsection 47(6) is amended by striking out everything after "in the order".

4(4)   The following is added after subsection 47(6):

Apprehended person to be brought before court

47(6.1)   A person who apprehends another person must, without delay, bring the person before

(a) a provincial judge; or

(b) if a provincial judge is not available, a judicial justice of the peace.

5   The following is added after section 47 and before the centred heading that follows it:

Action by judicial justice of the peace

47.1   If a person who has been apprehended is brought before a judicial justice of the peace, the judicial justice of the peace may order the person into the custody of a peace officer or other person or into custody at a hospital or other prescribed facility until a hearing is held by a provincial judge under section 48.

6   Section 48 is replaced with the following:

Provincial judge to hold hearing

48(1)   When a person who has been apprehended is brought before a provincial judge, the provincial judge must hold a hearing on an urgent basis to determine if an order should be made under section 49.

Adjournment of hearing

48(2)   The provincial judge may adjourn the hearing to allow the apprehended person to obtain legal or other advice and may order the person into the custody of a peace officer or other person or into custody at a hospital or other prescribed facility, pending completion of the hearing.

Apprehended person may participate remotely

48(3)   For an appearance under section 47.1 or a hearing under this section, the apprehended person may participate through the use of video or audio link or other electronic means if the judicial justice of the peace or provincial judge

(a) considers it necessary to protect public health; or

(b) is satisfied that it is not reasonably practicable for the person to attend.

7   The centred heading before section 49 is amended by striking out "OF JUSTICE".

8(1)   Subsection 49(1) is amended

(a) in the section heading of the English version, by striking out "justice" and substituting "provincial judge"; and

(b) in the part before clause (a), by striking out "justice" and substituting "provincial judge".

8(2)   Subsection 49(2) is amended

(a) in clause (e), by striking out "facility" and substituting "prescribed facility"; and

(b) in clause (h), by striking out "place" and substituting "hospital or other prescribed facility".

8(3)   Subsection 49(4) is amended by striking out "facility" and substituting "prescribed facility".

9   Section 51 is amended by striking out "justice" and substituting "provincial judge".

10   The following is added after section 52 and before the centred heading that follows it:

Place of detention determined in accordance with regulations

52.1   A person who makes an order detaining a person in custody under section 47.1, 49 or 50 must determine the hospital or other prescribed facility at which the person is to be detained in accordance with the regulations.

11   Clause 53(3)(a) is amended by striking out "place" and substituting "hospital or other prescribed facility".

12(1)   Subsection 54(1) is amended

(a) by striking out "justice" and substituting "provincial judge"; and

(b) by striking out "subsection 48(3) and sections 49 to 52" and substituting "sections 48 to 52.1".

12(2)   Subsection 54(2) is amended by striking out "justice" and substituting "provincial judge".

12(3)   Subsection 54(3) of the French version is amended by striking out "juge" and substituting "juge provincial".

13   Subsection 60(2) is amended by striking out "place" and substituting "hospital or other prescribed facility".

14(1)   Subsections 61(1) and (2) are amended by striking out "justice" and substituting "provincial judge".

14(2)   Subsection 61(3) of the French version is amended by striking out "juge" and substituting "juge provincial".

14(3)   Subsection 61(4) is replaced with the following:

Detained person may participate remotely

61(4)   The detained person may participate in the hearing through the use of video or audio link or other electronic means if the provincial judge is satisfied that it is not reasonably practicable for the person to attend.

14(4)   Subsection 61(5) is amended

(a) in the section heading of the English version, by striking out "justice" and substituting "provincial judge"; and

(b) in the part before clause (a), by striking out "justice" and substituting "provincial judge".

14(5)   Subsection 61(6) is amended, in the part before clause (a), by striking out "place" and substituting "hospital or other prescribed facility".

15(1)   Subsection 62(1) of the French version is amended, in the part before clause (a), by striking out "juge" and substituting "juge provincial".

15(2)   Subsection 62(2) of the French version is amended by striking out "juge" and substituting "juge provincial".

16   Clause 63(2)(b) is amended by striking out "place" and substituting "hospital or other prescribed facility".

17(1)   Subsections 64(1) and (4) are amended by striking out "justice" and substituting "provincial judge".

17(2)   Subsection 64(5) of the French version is amended by striking out "juge" and substituting "juge provincial".

17(3)   Subsection 64(6) is replaced with the following:

Detained person may participate remotely

64(6)   The detained person may participate in the hearing through the use of video or audio link or other electronic means if the provincial judge

(a) considers it necessary to protect public health; or

(b) is satisfied that it is not reasonably practicable for the person to attend.

17(4)   Subsection 64(7) is amended

(a) in the section heading of the English version, by striking out "justice" and substituting "provincial judge"; and

(b) in the part before clause (a), by striking out "justice" and substituting "provincial judge".

17(5)   Clause 64(8)(a) is amended

(a) by striking out "place" and substituting "hospital or other prescribed facility"; and

(b) by striking out "justice" and substituting "provincial judge".

18   Subsections 65(1) and (2) of the French version are amended by striking out "juge" and substituting "juge provincial".

19   The centred heading before section 66 is replaced with "REPORTING REQUIREMENTS AND DETERMINING PLACE OF DETENTION".

20   The following is added after section 66 as part of Part 5:

Place of detention determined in accordance with regulations

66.1   A person who makes an order detaining a person in custody under this Part must determine the hospital or other prescribed facility at which the person is to be detained in accordance with the regulations.

21   Subsection 112(1) is amended by adding the following after clause (h):

(h.1) for the purpose of sections 43, 47.1, 48, 49, 53, 60, 61, 63 and 64, prescribing and prohibiting facilities or classes of facilities;

(h.2) for the purpose of sections 52.1 and 66.1, respecting the determination of the hospital or other facility at which a person may be detained;

Coming into force

22   This Act comes into force 90 days after the day it receives royal assent or on a day to be fixed by proclamation, whichever occurs first.