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The Mental Health Amendment and Personal Health Information Amendment Act

This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

S.M. 2019, c. 4

Bill 5, 4th Session, 41st Legislature

The Mental Health Amendment and Personal Health Information Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act amends The Mental Health Act and The Personal Health Information Act.

Previously under those Acts, confidential information was permitted to be disclosed without a person's consent to protect their health or safety, or that of others, but only if there was a serious and immediate threat to health or safety. The Act changes that threshold.

Under The Mental Health Act, the medical director of a psychiatric facility may disclose information in a clinical record to any person to prevent or lessen a risk of serious harm to the patient's health or safety or that of another person.

Under The Personal Health Information Act, a trustee may disclose personal health information to any person to prevent or lessen a risk of serious harm to a person or the public.

(Assented to June 3, 2019)

HER 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

Subclause 36(2)(e)(ii) of The Mental Health Act is amended by striking out "serious and immediate threat" and substituting "risk of serious harm".

C.C.S.M. c. P33.5 amended

2

Clause 22(2)(b) of The Personal Health Information Act is amended

(a) in the French version of subclause (i), by striking out "le risque d'effets néfastes sur la santé ou" and substituting "un risque d'atteinte à la santé ou à"; and

(b) in subclause (ii), by striking out "serious and immediate threat" and substituting "risk of serious harm".

Coming into force

3

This Act comes into force on the day it receives royal assent.