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S.M. 1998, c. 36
THE MENTAL HEALTH AND CONSEQUENTIAL AMENDMENTS ACT
Table of Contents
| PART 1 | |
| INTRODUCTORY PROVISIONS | |
| 1 | Definitions |
| 2 | Mental competence presumed at age 16 |
| 3 | Meaning of incapacity for personal care |
| PART 2 | |
| VOLUNTARY ADMISSION | |
| 4(1) | Admission as a voluntary patient |
| (2) | Consent required |
| 5(1) | Patient's right to leave facility |
| (2) | Patient may be detained if danger |
| (3) | Examination within 24 hours |
| 6(1) | Change of patient's status to involuntary |
| (2) | Psychiatric assessment within 72 hours |
| (3) | Certificate |
| PART 3 | |
| INVOLUNTARY ASSESSMENT AND ADMISSION | |
| 7 | Description of involuntary admission procedures |
| PHYSICIAN'S APPLICATION FOR AN INVOLUNTARY PSYCHIATRIC ASSESSMENT | |
| 8(1) | Physician may apply for involuntary psychiatric assessment |
| (2) | Determining competence to consent |
| (3) | Application within 2 days of examination |
| (4) | Content of application |
| 9(1) | Application authorizes detention and assessment |
| (2) | Application valid for 7 days |
| COURT ORDER FOR AN INVOLUNTARY MEDICAL EXAMINATION | |
| 10(1) | Justice may order examination by a physician |
| (2) | Reasons |
| (3) | Procedure |
| 11(1) | Order for an involuntary medical examination |
| (2) | Order to take into custody |
| (3) | Order valid for 7 days |
| PEACE OFFICER'S POWER TO TAKE INTO CUSTODY | |
| 12(1) | Peace officer's power to take into custody |
| (2) | Reasonable measures |
| GENERAL REQUIREMENTS FOR INVOLUNTARY EXAMINATIONS AND | |
| 13(1) | Examination within 24 hours |
| (2) | Place of examination |
| 14 | Peace officer's duty to inform patient about examination |
| 15(1) | Peace officer's duty during examination |
| (2) | Exception |
| (3) | Duty to return person |
| INVOLUNTARY PSYCHIATRIC ASSESSMENT AND ADMISSION | |
| 16(1) | Involuntary psychiatric assessment |
| (2) | Psychiatrist who applies cannot certify |
| (3) | Duty of psychiatrist to admit or release |
| 17(1) | Requirements for involuntary admission |
| (2) | Determining competence to consent |
| 18(1) | Involuntary admission certificate |
| (2) | Content of certificate |
| (3) | Medical director to examine certificate |
| 19 | Duration of involuntary admission certificate – 21 days |
| 20(1) | Release if admission requirements not met |
| (2) | Release after 72 hours |
| (3) | Detention under another law |
| RENEWAL CERTIFICATE | |
| 21(1) | Renewal certificate |
| (2) | Content of certificate |
| (3) | Duty of medical director |
| (4) | Duration of renewal certificate – 3 months |
| (5) | Patient's status if no renewal certificate issued |
| 22 | Patient's status on expiry of involuntary admission certificate |
| CHANGE OF PATIENT'S STATUS TO VOLUNTARY | |
| 23(1) | Change of status of involuntary patient to voluntary |
| (2) | Change of status certificate |
| CRIMINAL CODE ADMISSION | |
| 24(1) | Admission under the Criminal Code |
| (2) | When detention expires under the Criminal Code |
| (3) | Definition of "hospital" |
| TRANSFER FROM A CORRECTIONAL FACILITY | |
| 25(1) | Transfer from correctional facility |
| (2) | No discharge of prisoner |
| PART 4 | |
| TREATMENT DECISIONS | |
| PATIENT'S RIGHT TO MAKE TREATMENT DECISIONS | |
| 26 | Right to refuse treatment |
| DETERMINING COMPETENCE | |
| 27(1) | Competence to make treatment decisions |
| (2) | Determining competence |
| (3) | Certificate of incompetence |
| (4) | Notice |
| (5) | Review of certificate |
| (6) | Notice |
| (7) | Duration of certificate |
| TREATMENT DECISIONS BY OTHERS | |
| 28(1) | Treatment decisions by others |
| (2) | Person must be available and willing |
| (3) | Requirements for nearest relative |
| (4) | Decisions on patient's behalf |
| (5) | Determining best interests |
| (6) | Physician may rely on nearest relative's statement |
| (7) | Reasonable inquiries |
| (8) | No onus to inquire into existence of proxy or directive |
| ADMINISTERING TREATMENT | |
| 29(1) | No treatment without consent |
| (2) | Exception for psychiatric treatment to prevent harm |
| (3) | Method of psychiatric treatment |
| (4) | Detailed record of psychiatric treatment |
| (5) | Emergency medical treatment |
| REVIEW OF TREATMENT DECISIONS | |
| Application by physician | |
| 30(1) | Application to review board by physician |
| (2) | Content of application |
| (3) | Order |
| (4) | Regard for patient's expressed wishes |
| (5) | Terms and conditions |
| (6) | No treatment if order appealed |
| Application by patient | |
| 31(1) | Application to review board by patient |
| (2) | Criteria for order |
| (3) | Order |
| PART 5 | |
| INFORMATION AND RECORDS | |
| PATIENT'S RIGHT TO INFORMATION | |
| 32(1) | General information to patients on admission |
| (2) | Posting the information |
| 33(1) | Duty to inform patient on admission and change of status |
| (2) | Duty to inform treatment decision maker |
| (3) | Duty of medical director to inform others |
| (4) | If language difficulty |
| PATIENT'S RIGHT TO EXAMINE CLINICAL RECORD | |
| 34(1) | Definitions |
| (2) | Patient's right to examine and copy clinical record |
| (3) | How to make a request |
| (4) | Application to review board |
| (5) | Order by review board |
| (6) | Severance of information |
| (7) | Submissions |
| PATIENT'S RIGHT TO CORRECT CLINICAL RECORD | |
| 35(1) | Right to request a correction |
| (2) | Written request |
| (3) | Medical director's response |
| (4) | Refusal to correct |
| (5) | Notifying others of a correction or statement of disagreement |
| (6) | No fee |
| CONFIDENTIALITY OF CLINICAL RECORDS | |
| 36(1) | Disclosure prohibited without patient's consent |
| (2) | Disclosure without patient's consent |
| (3) | Limit on amount of information disclosed |
| (4) | Clinical records kept confidential |
| (5) | Definition of "health profession" |
| DISCLOSURE OF CLINICAL RECORD UNDER SUBPOENA OR COURT ORDER | |
| 37(1) | Disclosure under a subpoena or court order |
| (2) | Statement by attending physician |
| (3) | Hearing by the court |
| (4) | Matters to be considered by court |
| (5) | Clinical record to be returned |
| NO DISCLOSURE OF INFORMATION BY EMPLOYEES OR OTHERS | |
| 38(1) | No disclosure by employees or others |
| (2) | Exception |
| FREEDOM OF INFORMATION ACT DOES NOT APPLY | |
| 39 | Freedom of Information Act does not apply |
| PART 6 | |
| ADMINISTRATION | |
| CERTIFICATE OF INCOMPETENCE TO MANAGE PROPERTY | |
| 40(1) | Determining competence to manage property |
| (2) | Considerations |
| (3) | Certificate of incompetence |
| (4) | Notice |
| 41(1) | Effect of certificate: Public Trustee as committee |
| (2) | Powers and duties of Public Trustee |
| 42 | Duration of certificate |
| 43(1) | Cancellation if patient regains competence |
| (2) | Notice |
| UNAUTHORIZED ABSENCE FROM A FACILITY | |
| 44(1) | Patient absent without permission |
| (2) | Requirements for voluntary patient |
| (3) | Examination on return |
| TRANSFER OF INVOLUNTARY PATIENTS OUT OF AND INTO MANITOBA | |
| 45(1) | Transfer of involuntary patients out of Manitoba |
| (2) | Transfer of involuntary patient into Manitoba |
| LEAVE CERTIFICATE | |
| 46(1) | Leave certificate |
| (2) | Patient for whom a leave certificate may be issued |
| (3) | Collaborative development of treatment plan |
| (4) | Patient to be informed |
| (5) | Criteria for issuing a leave certificate |
| (6) | Content of certificate |
| (7) | Patient's obligations |
| (8) | Notice to patient and others |
| (9) | Duration of certificate – 6 months |
| (10) | Status of patient on leave |
| 47(1) | Review of leave certificate |
| (2) | If criteria are no longer met |
| (3) | If requirements need amendment |
| 48(1) | Cancellation of leave certificate |
| (2) | Return to facility |
| (3) | Assessment on return |
| PART 7 | |
| MENTAL HEALTH REVIEW BOARD | |
| 49(1) | Mental Health Review Board |
| (2) | Roster of members |
| (3) | Panels |
| (4) | Assigning members to panel |
| (5) | Quorum |
| (6) | Voting |
| (7) | Panel acts as the board |
| (8) | Persons prohibited as members |
| APPLICATIONS | |
| 50(1) | Applications |
| (2) | Application on patient's behalf |
| (3) | Application in prescribed form |
| (4) | Deemed application for long term patients |
| (5) | Deemed application for patients on leave |
| 51 | Determination to be made as of the day of the hearing |
| 52(1) | Parties |
| (2) | Treatment decision maker a party |
| (3) | Board may add parties |
| (4) | Counsel |
| HEARINGS | |
| 53(1) | Hearing |
| (2) | Notice of hearing |
| (3) | When hearing must begin |
| (4) | Record of hearing |
| (5) | Private hearing |
| 54(1) | Parties may examine evidence |
| (2) | Parties may present evidence |
| 55(1) | Powers and duties of the board |
| (2) | Second opinion |
| ORDERS | |
| 56(1) | Orders |
| (2) | Notice of order and right to appeal |
| (3) | Written reasons |
| 57 | Standard of proof |
| 58 | Patient deemed able to instruct counsel |
| APPEAL TO COURT | |
| 59(1) | Appeal to court |
| (2) | Time for appeal |
| (3) | Powers of court on appeal |
| (4) | Appeal heard in private |
| PART 8 | |
| COMMITTEESHIP WITHOUT A COURT ORDER | |
| PHYSICIAN'S CERTIFICATE OF INCAPACITY | |
| 60(1) | Physician's certificate of incapacity |
| (2) | Considerations |
| (3) | Certificate of incapacity |
| (4) | Review of certificate |
| (5) | Director may require information |
| (6) | Notice of intent to issue an order |
| (7) | Director to consider any objections |
| ORDER APPOINTING PUBLIC TRUSTEE AS COMMITTEE OF BOTH PROPERTY AND | |
| 61(1) | Order appointing Public Trustee as committee |
| (2) | Exception |
| (3) | Notice to the Public Trustee |
| (4) | Notice to person and person's proxy |
| (5) | Duration of order |
| (6) | Order cancelled if substitute decision maker appointed |
| (7) | Emergency order |
| 62(1) | Application to court to cancel order |
| (2) | When application must be made |
| (3) | Notice to the Public Trustee |
| (4) | Public Trustee's role when application pending |
| (5) | Order |
| POWERS OF PUBLIC TRUSTEE | |
| 63(1) | Powers of Public Trustee as committee |
| (2) | Powers re personal care |
| (3) | Limitation re treatment and health care |
| (4) | Treatment decisions: best interests |
| (5) | When Public Trustee is nearest relative |
| (6) | Limitations on personal care powers |
| 64(1) | Public Trustee may intervene in emergency |
| (2) | Authority to enter |
| (3) | Peace officer to assist |
| (4) | Court order not required |
| 65 | Records |
| REVIEW OF PERSON'S CONDITION | |
| 66(1) | Physician to review person's condition |
| (2) | Review at patient's request |
| (3) | Review of statement |
| (4) | Director may require information |
| (5) | Director to cancel certificate and order |
| RELATIONSHIP BETWEEN COMMITTEESHIP AND AN ENDURING POWER OF | |
| 67(1) | Power of attorney suspended |
| (2) | Public Trustee to inquire about enduring power of attorney |
| (3) | Duty of Public Trustee if attorney exists |
| (4) | Attorney acting in good faith |
| (5) | Notice of decision |
| (6) | Public Trustee protected from liability |
| (7) | Application to court |
| (8) | Time for application |
| COMMITTEE OF PERSON OUTSIDE MANITOBA | |
| 68 | Order cancelled if committee appointed in another jurisdiction |
| 69 | Order cancelled if person regains competence outside Manitoba |
| PART 9 | |
| COURT-APPOINTED COMMITTEES | |
| DIVISION 1 | |
| DEFINITIONS | |
| 70 | Definition |
| DIVISION 2 | |
| APPLICATION AND APPOINTMENT | |
| APPLICATION | |
| 71(1) | Application to court for committee |
| (2) | Criteria for committee of property |
| (3) | Criteria for committee of both property and personal care |
| (4) | If another person is already committee |
| 72(1) | |
| (2) | Notice of application |
| (3) | Court may dispense with notice |
| 73 | Public Trustee entitled to be heard |
| 74 | Medical examination |
| ORDER APPOINTING COMMITTEE | |
| 75(1) | Order appointing committee of property |
| (2) | Order appointing committee of both property and personal care |
| (3) | Court to consider enduring power of attorney |
| (4) | Court to consider health care directive |
| (5) | No order for a vulnerable person |
| (6) | Contents of order |
| (7) | When order takes effect |
| (8) | Service of order |
| (9) | Costs and expenses |
| (10) | Court may delegate power to a master |
| 76(1) | Two or more committees |
| (2) | Joint committees |
| (3) | Alternate committee |
| SECURITY | |
| 77(1) | Security |
| (2) | Bond |
| (3) | Public Trustee need not provide security |
| DIVISION 3 | |
| POWERS AND DUTIES OF COMMITTEES OF PROPERTY | |
| POWERS OF COMMITTEE OF PROPERTY | |
| 78 | Power to manage property |
| 79 | Duty of others to provide information and deliver property |
| 80(1) | Powers of committee |
| (2) | Restrictions and conditions |
| 81(1) | Powers of committee specifically conferred by court |
| (2) | Restrictions and conditions |
| 82 | Compensation |
| DUTIES OF COMMITTEE OF PROPERTY | |
| 83 | Fiduciary duties |
| 84(1) | Required expenditures |
| (2) | Guiding principles |
| ACCOUNTING BY COMMITTEE OF PROPERTY | |
| 85(1) | Filing of inventory on appointment |
| (2) | Public Trustee need not file inventory, etc. |
| (3) | Accounting |
| 86(1) | Separate account in a financial institution |
| (2) | If committee is the Public Trustee or a trust company |
| 87 | Accounting on death of committee |
| 88 | Accounting on death of incapable person |
| DIVISION 4 | |
| POWERS AND DUTIES OF COMMITTEE OF BOTH PROPERTY AND PERSONAL CARE | |
| 89 | Powers re property |
| 90(1) | Powers re personal care |
| (2) | Restrictions and conditions |
| LIMITATIONS ON POWERS | |
| 91 | Limitation re treatment and health care |
| 92 | Limitation re custody and divorce |
| 93 | Matters excluded absolutely |
| DUTIES OF COMMITTEE RESPECTING PERSONAL CARE | |
| 94 | Good faith |
| 95 | Least restrictive and intrusive course of action |
| 96(1) | Criteria for making health care decisions |
| (2) | Criteria for making other personal care decisions |
| DIVISION 5 | |
| COMMON PROVISIONS RESPECTING ALL COMMITTEES | |
| 97 | Effect of decision by committee |
| 98 | Contracts binding |
| 99 | Completion of transactions |
| 100 | Incidental powers |
| DIVISION 6 | |
| TERMINATION, REPLACEMENT AND VARIATION OF APPOINTMENT | |
| 101(1) | Application for termination, replacement or variation |
| (2) | Notice |
| TERMINATION | |
| 102(1) | Decision to terminate |
| (2) | Court to be satisfied about alternative arrangements |
| 103(1) | Accounting on termination of appointment |
| (2) | Time for providing accounting |
| (3) | Delivery of property |
| REPLACEMENT | |
| 104(1) | Order to appoint replacement committee |
| (2) | Powers of replacement committee |
| VARIATION | |
| 105 | Decision to vary appointment |
| PART 10 | |
| GENERAL PROVISIONS CONCERNING THE PUBLIC TRUSTEE AS COMMITTEE | |
| CONVEYING TITLE TO LAND | |
| 106(1) | Conveying title to land |
| (2) | Evidence in documents of sale |
| (3) | Deemed execution |
| PUBLIC TRUSTEE AS EXECUTOR OR ADMINISTRATOR | |
| 107 | Public Trustee as executor or administrator |
| 108 | Limited powers of Public Trustee on death |
| 109(1) | When incapable person dies with estate of less than $5,000. |
| (2) | Registrar of Queen's Bench to be notified |
| 110 | When incapable person dies with personal property of $2,500. or less |
| NON-RESIDENT INCAPABLE PERSONS | |
| 111(1) | Administration of estates of persons detained in other provinces |
| (2) | Duties and powers of person appointed |
| MISCELLANEOUS | |
| 112 | Evidence of Public Trustee's committeeship |
| 113(1) | Unclaimed money held by Public Trustee |
| (2) | Payment over of money claimed |
| PART 11 | |
| GENERAL PROVISIONS | |
| DIRECTORS AND OTHER STAFF | |
| 114(1) | Appointment of director and others |
| (2) | Authority of Director of Psychiatric Services |
| 115(1) | Appointment of medical directors |
| (2) | Authority of medical director |
| STANDARDS COMMITTEES FOR FACILITIES | |
| 116 | Standards committee |
| REPORTS BY FACILITIES | |
| 117(1) | Reports |
| (2) | Form of information |
| PROTECTION FROM LIABILITY | |
| 118 | Protection from liability |
| OFFENCES | |
| 119(1) | Supply of intoxicants forbidden |
| (2) | Definition of "intoxicant" |
| 120 | Assisting a patient to leave a facility without permission |
| 121 | Obstructing officials |
| 122 | Ill-treating mentally disordered persons |
| 123 | Giving wrong information |
| 124 | Penalty |
| REGULATIONS | |
| 125(1) | Regulations |
| (2) | Regulations prescribing charges |
| PART 12 | |
| TRANSITIONAL, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO | |
| TRANSITIONAL | |
| 126(1) | Transitional: definition of "former Act" |
| (2) | Committees continued |
| (3) | Certificates continued |
| CONSEQUENTIAL AMENDMENTS | |
| The Condominium Act | |
| 127 | Consequential amendments, C.C.S.M. c. C170 |
| The Dependants Relief Act | |
| 128 | Consequential amendments, C.C.S.M. c. D37 |
| The Domicile and Habitual Residence Act | |
| 129 | Consequential amendments, C.C.S.M. c. D96 |
| The Law Reform Commission Act | |
| 130 | Consequential amendments, C.C.S.M. c. L95 |
| The Marriage Act | |
| 131(1) | Consequential amendments, C.C.S.M. c. M50 |
| (2) | |
| (3) | |
| (4) | |
| The Mines and Minerals Act | |
| 132(1) | Consequential amendments, C.C.S.M. c. M162 |
| (2) | |
| (3) | |
| (4) | |
| The Manitoba Public Insurance Corporation Act | |
| 133(1) | Consequential amendments, C.C.S.M. c. P215 |
| (2) | |
| (3) | |
| The Public Trustee Act | |
| 134(1) | Consequential amendments, C.C.S.M. c. P275 |
| (2) | |
| (3) | |
| (4) | |
| (2) | Annual audit of estates |
| (3) | Minister of Finance to lay accounts before Legislature |
| (4) | Payment for audit charged to estates |
| The Regional Health Authorities Act | |
| 135 | Consequential amendments, C.C.S.M. c. R34 |
| The Vulnerable Persons Living with a Mental Disability Act | |
| 136(1) | Consequential amendments, C.C.S.M. c. V90 |
| (2) | |
| (3) | |
| (4) | |
| The Workers Compensation Act | |
| 137 | Consequential amendments, C.C.S.M. c. W200 |
| REPEAL AND COMING INTO FORCE | |
| 138 | Repeal |
| 139 | C.C.S.M. reference |
| 140 | Coming into force |