2nd Session, 43rd Legislature

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Bill 48

THE PROTECTIVE DETENTION AND CARE OF INTOXICATED PERSONS ACT

(Assented to                                         )

WHEREAS a person can be so intoxicated by alcohol, drugs or other substances that they cannot safely remain in public;

AND WHEREAS the criminal justice system is not always appropriate for dealing with an intoxicated person;

AND WHEREAS temporarily detaining an intoxicated person provides them with a safe place to recover as well as opportunities for them to connect with care supports and services;

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

DEFINITIONS AND INTERPRETATION

Definitions

1   The following definitions apply in this Act.

"designated officer" means a person designated by regulation as being authorized to detain an intoxicated person. (« agent désigné »)

"detention location" means a location where an intoxicated person is detained other than a protective care centre. (« lieu de détention »)

"intoxicant" means alcohol or a drug or other substance that may cause a person who consumes it to become intoxicated. (« substance intoxicante »)

"intoxicated person" means a person described in section 2. (Version anglaise seulement)

"officer" means a police officer or a designated officer. (« agent »)

"operator" means the person in charge of a protective care centre and includes any person designated to act on the operator's behalf. (« exploitant »)

"police officer" means a police officer as defined in The Police Services Act. (« agent de police »)

"prescribed" means prescribed by regulation under this Act. (Version anglaise seulement)

"protective care centre" means a facility or part of a facility that has been designated by regulation as a place to detain an intoxicated person under this Act. (« centre de soins et de protection »)

"qualified health professional" means a prescribed health professional who meets the prescribed qualifications. (« professionnel de la santé qualifié »)

Interpretation — intoxicated person

2   A person is considered to be intoxicated if they ingest, inject, inhale or otherwise consume one or more intoxicants and, as a result, the person

(a) poses a danger to themselves or others; or

(b) causes a disturbance and is reasonably likely to continue to cause a disturbance.

DETENTION AND RELEASE

Intoxicated person may be detained

3(1)   A police officer who finds an intoxicated person in a place to which the public has access may detain the person.

Designated officer

3(2)   A designated officer who finds an intoxicated person in a place to which the public has access may detain the person. The designated officer must comply with any prescribed requirements respecting the detention of an intoxicated person.

Place of detention

3(3)   An officer may take a detained intoxicated person to a detention location or a protective care centre.

Beginning of detention period

4(1)   The detention period for an intoxicated person begins when the person is first detained by an officer.

Maximum length of detention period

4(2)   An intoxicated person must not be detained under this Act for longer than

(a) 24 hours when the person is detained at a detention location; or

(b) 72 hours when the person is detained at a protective care centre.

Ongoing assessment at detention location

5(1)   An officer must ensure that a person detained at a detention location is assessed at reasonable intervals to determine whether the person continues to be intoxicated.

Release from detention location

5(2)   An officer must release the detained person from the detention location

(a) as soon as the person is no longer intoxicated; or

(b) at the end of the 24-hour detention period;

whichever occurs first.

Release to responsible person

5(3)   Despite subsection (2), an officer must release a detained person at the request of a person who

(a) undertakes to take care of the person; and

(b) in the officer's opinion, is responsible and capable of taking care of the person.

Detention at protective care centre

6(1)   When an officer brings an intoxicated person to a protective care centre, the operator must assume detention of the intoxicated person unless the operator reasonably believes that the person cannot be safely detained at the centre.

Beginning of detention period must be noted

6(2)   The operator who assumes the detention of the intoxicated person must make a record of the time and date when the person was first detained by an officer.

Transfer to another protective care centre

6(3)   The operator may, at any time while the intoxicated person is detained at the protective care centre, arrange for the intoxicated person to be transferred to another protective care centre, with the consent of the other operator.

Ongoing assessment at protective care centre

7(1)   Subject to this section, an operator must ensure that a person detained at a protective care centre is assessed at reasonable intervals to determine whether the person continues to be intoxicated.

Assessment after 24-hour detention

7(2)   If the detained person continues to be intoxicated after 24 hours have elapsed since the person was first detained by an officer, the operator must make reasonable efforts to have the person assessed as soon as reasonably possible by a qualified health professional.

Assessment after 48-hour detention

7(3)   If the detained person continues to be intoxicated after 48 hours have elapsed since the person was first detained by the officer, the operator must make reasonable efforts to have the person assessed as soon as reasonably possible by a qualified health professional.

Release from protective care centre

8(1)   The operator of a protective care centre must release a detained person

(a) as soon as the person is no longer intoxicated; or

(b) at the end of the 72-hour detention period;

whichever occurs first.

Release to responsible person

8(2)   Despite subsection (1), the operator must release a detained person at the request of a person who

(a) undertakes to take care of the person; and

(b) in the opinion of the operator, is responsible and capable of taking care of the person.

Health professional to direct release

8(3)   A qualified health professional who conducts an assessment of a person detained at a protective care centre must direct the operator to release the detained person if the health professional determines that the person is no longer intoxicated and can be released. The operator must immediately comply with the direction.

Order for involuntary examination

9(1)   A qualified health professional who conducts an assessment of a person detained at a protective care centre may order the person to be taken to a place for an involuntary medical examination under section 8 of The Mental Health Act if the prescribed criteria are met.

Officer to take person for examination

9(2)   When an order is made, the operator must, as soon as practicable, arrange for an officer to take the person to a place to be examined involuntarily.

Mental Health Act to apply

9(3)   Sections 13 to 15 of The Mental Health Act apply, with necessary changes, in respect of a person taken for an involuntary medical examination under this section.

Remaining voluntarily at protective care centre

10   An operator may allow a person who is no longer intoxicated to voluntarily remain at the protective care centre to receive additional care or services.

GENERAL PROVISIONS

Protection from liability

11   No action or proceeding may be brought against an officer, an operator of a protective care centre, a staff member or any other person working at a protective care centre or a qualified health professional referred to in section 7, 8 or 9 for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

Regulations

12(1)   The Lieutenant Governor in Council may make regulations

(a) designating persons or classes of persons for the purpose of the definition "designated officer";

(b) prescribing requirements respecting the detention of an intoxicated person with which a designated officer must comply;

(c) designating facilities or parts of facilities as protective care centres;

(d) respecting assessments, observation and care of persons detained at protective care centres;

(e) respecting equipment and staffing, standards and recordkeeping requirements for protective care centres;

(f) prescribing health professionals and their qualifications;

(g) defining any word or expression used but not defined in this Act;

(h) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Scope and application

12(2)   A regulation made under this Act

(a) may be general or particular in its application; and

(b) may establish different classes of facilities and persons and may apply differently to different classes.

Repeal

13   The following are repealed:

(a) The Intoxicated Persons Detention Act, R.S.M. 1987, c. I90;

(b) the Detoxification Centres Regulation, Manitoba Regulation 331/87 R.

C.C.S.M. reference

14   This Act may be referred to as chapter P145 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

15   This Act comes into force on a day to be fixed by proclamation.