3rd Session, 43rd Legislature

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Bill 16

THE MENTAL HEALTH 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. M110 amended

1   The Mental Health Act is amended by this Act.

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

"qualified health professional" means

(a) a physician, or

(b) a physician assistant or clinical assistant who is authorized under the College of Physicians and Surgeons of Manitoba General Regulation, Manitoba Regulation 163/2018, to conduct an examination and apply for an involuntary psychiatric assessment of a person under section 8; (« professionnel de la santé qualifié »)

2(2)   Section 1 is further amended in the definition "qualified health professional" by striking out "or" at the end of clause (a) and adding the following after clause (b):

(c) a registered nurse certified to practise as a nurse practitioner under The Regulated Health Professions Act, or

(d) a prescribed health professional who meets the prescribed qualifications;

3   Clause 5(2)(c) and subsection 5(3) are amended by striking out "physician" and substituting "qualified health professional".

4   Section 7 is amended in paragraphs 1 and 2 by striking out "physician" and substituting "qualified health professional".

5   The centred heading before section 8 of the English version is amended by striking out "PHYSICIAN'S".

6(1)   Subsection 8(1) is amended by striking out "physician" wherever it occurs and substituting "qualified health professional", with necessary grammatical changes.

6(2)   The following is added after subsection 8(1):

Examination may be conducted remotely

8(1.1)   Subject to the regulations, the qualified health professional may conduct an examination without being in the presence of the person being examined if an in-person examination is not reasonably practicable.

6(3)   Subsections 8(2) and (4) are amended by striking out "physician" wherever it occurs and substituting "qualified health professional".

7   Subsections 9(1) and (2) of the English version are amended by striking out "physician" and substituting "qualified health professional".

8   The centred heading before section 10 is amended by striking out "MEDICAL".

9   Subsection 10(1) is amended

(a) by replacing the section heading with "Justice may order examination"; and

(b) by striking out "physician" and substituting "qualified health professional".

10(1)   Subsection 11(1) is amended

(a) in the section heading, by striking out "medical";

(b) in the part before clause (a), by striking out "physician" and substituting "qualified health professional";

(c) in clause (c), by striking out "a medical examination to determine whether he or she" and substituting "to be examined to determine whether the person"; and

(d) in clause (d), by striking out "medically".

10(2)   Clause 11(2)(b) is amended

(a) in the French version, by striking out "médical"; and

(b) in the English version, by striking out "physician" and substituting "qualified health professional".

11   Subsection 12(1) is amended, in the part before clause (a),

(a) in the French version, by striking out "médical"; and

(b) in the English version, by striking out "physician" and substituting "qualified health professional".

12   Sections 13 and 14 are amended by striking out "medical" wherever it occurs.

13(1)   Subsection 15(1) is amended by striking out "medical".

13(2)   Subsection 15(2) is amended by striking out "physician" and substituting "qualified health professional".

13(3)   Subsection 15(3) is amended

(a) in the part before clause (a), by striking out "medical"; and

(b) in clause (a), by striking out "physician" and substituting "qualified health professional".

14   Subsection 16(2) is replaced with the following:

Psychiatrist who applies cannot certify

16(2)   If a psychiatrist applies for an involuntary psychiatric assessment of a person under subsection 8(1), the same psychiatrist must not conduct the involuntary psychiatric assessment of the person.

Examination may be conducted remotely

16(2.1)   Subject to the regulations, the psychiatrist may conduct an examination without being in the presence of the person being examined if an in-person examination is not reasonably practicable.

15   The following is added after subsection 21(1):

Examination may be conducted remotely

21(1.1)   Subject to the regulations, the psychiatrist may conduct an examination without being in the presence of the patient being examined if an in-person examination is not reasonably practicable.

16   Clause 49(8)(c) is replaced with the following:

(c) is a qualified health professional who is treating or has treated the person;

(c.1) is a qualified health professional who has conducted an examination of the person under this Act;

17(1)   Subsection 53(2) is amended by striking out "time and place" and substituting "time, place and manner".

17(2)   The following is added after subsection 53(5):

Remote hearing

53(6)   The review board may conduct a hearing partially or completely by electronic means if those means enable the participants to hear and speak to each other.

18(1)   Subsection 125(1) is amended by renumbering clause (d.1) as clause (d.2) and adding the following as clause (d.1):

(d.1) for the purposes of subsections 8(1.1), 16(2.1) and 21(1.1), respecting examinations conducted without being in the presence of the person being examined, including

(i) setting out factors to be considered when determining an in-person examination is not reasonably practicable, and

(ii) specifying the manner in which the examination must be conducted;

18(2)   Subsection 125(1) is further amended by renumbering clause (d) as clause (j.1) and adding the following as clause (d):

(d) for the purposes of clause (d) of the definition "qualified health professional", prescribing health professionals and their qualifications;

Consequential amendments, C.C.S.M. c. P145

19   Section 9 of The Protective Detention and Care of Intoxicated Persons Act is amended by striking out "medical" wherever it occurs.

Consequential amendment, C.C.S.M. c. Y50

20   Section 20 of The Youth Drug Stabilization (Support for Parents) Act is amended by striking out "medical".

Coming into force — October 1, 2026

21(1)   Subject to subsection (2), this Act comes into force on October 1, 2026.

Coming into force — proclamation

21(2)   Subsections 2(2) and 18(2) come into force on a day to be fixed by proclamation.