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S.M. 2011, c. 32
Bill 42, 5th Session, 39th Legislature
The Caregiver Recognition Act
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(Assented to June 16, 2011)
WHEREAS caregivers are important to the well-being of Manitobans and Manitoba communities;
AND WHEREAS recognition and awareness of caregivers should be increased and their valuable social and economic contribution to society should be acknowledged;
AND WHEREAS it is desirable to set out principles for evaluating and improving caregiver supports;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"advisory committee" means the Caregiver Advisory Committee referred to in section 10. (« comité consultatif »)
"caregiver'' means a person who provides informal and unpaid personal care, support or assistance to another person because that other person lives with challenges due to
(a) a disability;
(b) an illness;
(c) an injury; or
(d) aging. (« aidant naturel »)
"caregiver supports'' means policies, programs or services directed to caregivers. (« mesures de soutien aux aidants naturels »)
"department" means a department, branch or office of the executive government of the province. (« ministère »)
"general principles" means the general principles relating to caregivers as set out in the Schedule. (« principes généraux »)
"government agency" means
(a) any board, commission, association, agency, or similar body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors or governing board of which, are appointed by an Act of the Legislature or by the Lieutenant Governor in Council; and
(b) any other body designated as a government agency in the regulations. (« organisme gouvernemental »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
The purposes of this Act are
(a) to increase recognition and awareness of caregivers;
(b) to acknowledge the valuable contribution they make to society; and
(c) to help guide the development of a framework for caregiver recognition and caregiver supports.
The general principles relating to caregivers are set out in the Schedule.
The first Tuesday of April in each year is proclaimed as Caregiver Recognition Day.
Each department and government agency must take practicable measures to promote amongst its employees and others an awareness and understanding of the general principles.
Each department or government agency that is responsible for the development, implementation, provision or evaluation of caregiver supports is to give due consideration to the general principles in developing, implementing, providing or evaluating caregiver supports.
In furthering the purposes of this Act, the minister is to consult with
(b) organizations or bodies that serve caregivers;
(c) departments and government agencies;
(d) the advisory committee; and
(e) any other persons or bodies, as determined by the minister.
Every two years, the minister must prepare a report that includes
(a) a review of the progress being made in furthering the purposes of this Act;
(b) a description and analysis of caregivers' needs and existing government and other caregiver supports; and
(c) an inventory of caregiver supports available to Manitobans.
The minister must table a copy of the report prepared under section 8 in the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, the minister must, without delay, make the report public and, within 15 days after the next sitting begins, table a copy of a report in the Assembly.
The minister must publish the report on a government website.
The minister may appoint a Caregiver Advisory Committee, consisting of at least six persons, to provide the minister with information, advice and recommendations about
(a) caregivers and caregiver supports;
(b) programs, services, policies and legislation that relate to caregivers and caregiver supports; and
(c) promoting recognition and awareness of caregivers.
In appointing or re-appointing members to the advisory committee, the minister must endeavour to include persons who, in the opinion of the minister, have relevant knowledge or experience in matters relevant to caregivers or caregiver supports.
In addition to consulting with the advisory committee under section 7, the minister may refer any matter relating to caregivers or caregiver supports to the advisory committee for review and a report.
Each member is to be appointed for a term of not more than three years.
A member continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.
A member may be re-appointed for consecutive terms of office but may not serve on the advisory committee for more than six years.
The minister must designate one member of the advisory committee as chair and another member as vice-chair, to act if the chair is absent, unable to act, or when authorized by the chair.
The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members of the advisory committee.
This Act does not create rights or duties that are legally enforceable in court or other proceedings.
A failure to comply with this Act does not affect the validity of any action or decision, and is not a ground for the review or challenge of any action or decision.
If a department or government agency is required by an enactment to consider particular matters in the exercise of its duties or powers, nothing in this Act is to be taken to require it to act inconsistently with that enactment.
The minister may, in writing, delegate to an employee who is in the minister's department, any power or duty conferred or imposed on the minister under this Act.
The Lieutenant Governor in Council may make regulations
(a) designating bodies as government agencies, for the purpose of the definition "government agency";
(b) defining any word or expression used in this Act but not defined in this Act;
(c) respecting any other matter necessary or advisable to carry out the purposes of this Act.
This Act may be referred to as chapter C24 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.
General Principles Relating to Caregivers
The relationship between caregivers and the persons for whom they care should be recognized and respected.
The valuable social and economic contribution that caregivers make to society should be recognized and supported.
Caregivers should be acknowledged as individuals with their own needs within and beyond the caring role.
Caregivers should be supported to enjoy optimum health and social well-being and to participate in family, social and community life.
Caregivers should be considered as important contributors with other care providers in the provision of care, support or assistance, acknowledging the unique knowledge and experience of caregivers.
Caregivers should be treated with dignity and respect.
Caregivers should be supported to achieve greater economic well-being and sustainability and, where appropriate, should have opportunities to participate in employment and education.
Support for caregivers should be timely, responsive, appropriate and accessible.
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