C.C.S.M. c. V90
The Vulnerable Persons Living with a Mental Disability Act
PART 1 | ||
INTERPRETATION AND ADMINISTRATION | ||
INTERPRETATION | ||
1 | (1) | Definitions |
(2) | Reference to "Act" includes regulations | |
2 | Presumption of capacity re legal counsel | |
3 | When Mental Health Act applies | |
4 | Act subject to Health Care Directives Act | |
5 | Application if person is 17 years of age | |
6 | (1) | Supported decision making |
(2) | Role of supported decision making | |
ADMINISTRATION | ||
7 | Appointment of executive director | |
8 | Delegation by executive director | |
PART 2 | ||
SUPPORT SERVICES | ||
9 | Support services provided | |
10 | (1) | Authority for grants and agreements |
(2) | Records and disclosure | |
(3) | Audit by an auditor | |
(4) | Access to documents | |
(5) | Action by minister | |
INDIVIDUAL PLAN | ||
11 | (1) | Individual plan required |
(2) | Review of individual plan | |
12 | Participation in individual planning process | |
MEDIATION | ||
13 | Mediator appointed | |
14 | Executive director advised of mediation results | |
15 | Settlement not binding | |
APPEAL TO APPEAL BOARD | ||
15.1 | Decision by executive director | |
16 | (1) | Matters which may be subject of appeal |
(2) | Who may bring appeal | |
(3) | The Social Services Appeal Board Act applies | |
17 to 19 | Repealed | |
20 | (1) | Repealed |
(2) | Limitation on appeal board | |
PART 3 | ||
PROTECTION AND EMERGENCY INTERVENTION | ||
PROTECTION | ||
20.1 | Abuse or neglect of vulnerable person prohibited | |
20.2 | Duty to protect vulnerable person from abuse or neglect | |
21 | (1) | Duty to report abuse or neglect |
(2) | Subsection (1) applies despite restrictions | |
21.1 | Protection from liability | |
21.2 | Adverse employment action prohibited | |
22 | (1) | Investigation by executive director |
(2) | Powers of investigation | |
23 | (1) | Order for entry |
(2) | Authority to enter | |
(3) | Peace officer to assist | |
24 | Solicitor-client privilege protected | |
25 | Protective action by executive director | |
25.1 | (1) | Report regarding professional, etc. |
(2) | Requirement to investigate | |
25.2 | Report to employer | |
25.3 | (1) | Reporting abuse or neglect to adult abuse registry committee |
(2) | Additional information about report for committee | |
EMERGENCY INTERVENTION | ||
26 | (1) | Emergency intervention action |
(2) | Right of entry | |
(3) | Peace officer to assist | |
(4) | Duration of emergency intervention | |
27 | Placement power of substitute decision maker suspended | |
28 | (1) | Duty to inform vulnerable person re emergency intervention |
(2) | Duty to inform others | |
PART 4 | ||
SUBSTITUTE DECISION MAKING | ||
DIVISION 1 | ||
VULNERABLE PERSONS' COMMISSIONER | ||
29 | Appointment of commissioner | |
30 | Authority of commissioner | |
31 | Delegation | |
32 | Appointment if committee | |
33 | (1) | Register of appointments |
(2) | Updating of register | |
(3) | Notice of changes | |
(4) | Access to register | |
DIVISION 2 | ||
HEARING PANELS | ||
34 | (1) | Hearing panel roster |
(2) | Composition of roster | |
(3) | Term and reappointment | |
(4) | Remuneration and expenses | |
35 | (1) | Hearing panel established |
(2) | Hearing panel to make recommendations | |
(3) | Two or more matters with respect to same person | |
36 | (1) | Three members on each hearing panel |
(2) | Criteria for appointment | |
(3) | Eligibility | |
(3.1) | Common-law relationships | |
(4) | Presiding member | |
(5) | Two members may act if vacancy | |
37 | Hearing panel to hold hearing | |
38 | (1) | Notice of hearing |
(2) | Content of notice | |
39 | Information to hearing panel | |
40 | (1) | Procedure for hearing panels |
(2) | Evidence | |
(3) | Vulnerable person entitled to be present | |
(4) | Opportunity to be heard | |
(5) | Representation | |
41 | (1) | Hearing closed to public |
(2) | Ban on publication and broadcast | |
42 | (1) | Appointment for other area of decision making |
(2) | Review of need for appointment in other area | |
(3) | Referral to same hearing panel | |
(4) | Division 3 or 4 applies | |
43 | Recommendations by hearing panel | |
44 | (1) | Recommendations considered |
(2) | Opportunity to be heard | |
45 | Documents forwarded to commissioner | |
DIVISION 3 | ||
SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | ||
APPLICATION FOR SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | ||
46 | Incapacity for personal care | |
47 | (1) | Application for appointment |
(2) | Application in writing | |
(3) | Applications in both areas of decision making | |
(4) | Copy of application to person | |
48 | No application if committee | |
49 | Commissioner's preliminary investigation | |
50 | (1) | Decision to dismiss application |
(2) | Decision to request individual plan | |
(3) | Decision to refer application to hearing panel | |
51 | (1) | Notice of decision |
(2) | Reasons upon request | |
(3) | Notice of hearing by hearing panel | |
52 | Hearing by hearing panel | |
APPOINTMENT OF SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | ||
53 | (1) | Decision to appoint |
(2) | Notice of decision | |
(3) | Decision not to appoint | |
(4) | Reasons upon request | |
54 | (1) | Persons eligible for appointment |
(2) | Conflict of interest | |
55 | (1) | Two or more substitute decision makers |
(2) | Joint substitute decision makers | |
(3) | Alternate substitute decision maker | |
56 | Effective date of appointment | |
POWERS OF SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | ||
57 | (1) | Powers granted must relate to incapacity |
(2) | Powers that may be granted | |
(3) | Terms and conditions | |
(4) | Duration of appointment | |
58 | (1) | Purchase of necessaries |
(2) | Reimbursement for necessaries purchased | |
LIMITATIONS ON POWERS | ||
59 | Limitation re custody and divorce | |
60 | (1) | Limitation on settlement of claims or proceedings |
(2) | Exception for Public Trustee | |
61 | Matters excluded absolutely | |
POWER TO DECIDE WHERE THE VULNERABLE PERSON LIVES | ||
62 | (1) | Apprehension order |
(2) | Procedure | |
(3) | Order | |
(4) | Authority to enter | |
(5) | Peace officer to assist | |
(6) | Copy of order to commissioner | |
63 | (1) | Placement in developmental centre |
(2) | Court approval for placement | |
(3) | Service of notice of application | |
(4) | Copy of application to commissioner | |
(5) | Parties | |
(6) | Grounds for approval | |
(7) | Copy of court order to commissioner | |
64 | (1) | Commissioner's approval of temporary placement |
(2) | Notice of decision | |
65 | Leaving developmental centre with consent | |
66 | Returning to developmental centre | |
67 | Right to leave developmental centre | |
POWER TO MAKE HEALTH CARE DECISIONS | ||
68 | Limitation on health care power | |
69 | (1) | Right to information re health care |
(2) | Right applies despite restrictions | |
DUTIES OF SUBSTITUTE DECISION MAKER FOR PERSONAL CARE | ||
70 | Compliance with Act and appointment | |
71 | Good faith | |
72 | Provide explanations | |
73 | Foster independence | |
74 | Encourage participation | |
75 | Least restrictive and intrusive course of action | |
76 | (1) | Decisions on person's behalf |
(2) | Best interests re health care | |
RELATED MATTERS | ||
77 | Information respecting vulnerable person | |
78 | Right to information | |
79 | Immunity | |
80 | No compensation | |
DIVISION 4 | ||
SUBSTITUTE DECISION MAKER FOR PROPERTY | ||
APPLICATION FOR SUBSTITUTE DECISION MAKER FOR PROPERTY | ||
81 | Incapacity to manage property | |
82 | (1) | Application for appointment |
(2) | Application in writing | |
(3) | Applications in both areas of decision making | |
(4) | Copy of application to person | |
83 | No application if committee | |
84 | Commissioner's preliminary investigation | |
85 | (1) | Decision to dismiss application |
(2) | Decision to request individual plan | |
(3) | Decision to refer application to hearing panel | |
86 | (1) | Notice of decision |
(2) | Reasons upon request | |
(3) | Notice of hearing by hearing panel | |
87 | Hearing by hearing panel | |
APPOINTMENT OF SUBSTITUTE DECISION MAKER FOR PROPERTY | ||
88 | (1) | Decision to appoint |
(2) | Notice of decision | |
(3) | Decision not to appoint | |
(4) | Reasons upon request | |
89 | (1) | Persons eligible for appointment |
(2) | Appointment of non-residents | |
(3) | Conflict of interest | |
90 | (1) | Two or more substitute decision makers |
(2) | Residency requirement where two or more substitute decision makers | |
(3) | Joint substitute decision makers | |
(4) | Alternate substitute decision maker | |
91 | Effective date of appointment | |
POWERS OF SUBSTITUTE DECISION MAKER FOR PROPERTY | ||
92 | (1) | Powers granted must relate to incapacity |
(2) | Powers that may be granted | |
(3) | Authority of substitute decision maker | |
(4) | Terms and conditions | |
(5) | Exception re trust company and Public Trustee | |
(6) | Duration of appointment | |
LIMITATION ON POWERS | ||
93 | (1) | Limitation on settlement of claims or proceedings |
(2) | Exception for Public Trustee | |
RELATED MATTERS | ||
94 | Information respecting vulnerable person | |
95 | Right to information re property | |
96 | Delivery of property to substitute decision maker | |
97 | Compensation | |
DUTIES OF SUBSTITUTE DECISION MAKER FOR PROPERTY | ||
98 | Compliance with Act and appointment | |
99 | Fiduciary duties | |
100 | Accounts | |
101 | Provide explanations | |
102 | Foster independence | |
103 | Encourage participation | |
104 | Considerations in making decisions | |
105 | (1) | Standard of care where no compensation |
(2) | Standard of care where compensation | |
106 | (1) | Required expenditures |
(2) | Guiding principles | |
107 | (1) | Liability for damages |
(2) | Relief from liability | |
ACCOUNTING BY SUBSTITUTE DECISION MAKER FOR PROPERTY | ||
108 | (1) | Filing of inventory on appointment |
(2) | Accounting | |
(3) | Copy of inventory or accounting | |
109 | (1) | Accounting on expiration or termination of appointment |
(2) | Time for providing accounting | |
(3) | Delivery of property | |
110 | Additional information | |
111 | (1) | Public Trustee as substitute decision maker |
(2) | Accounting by Public Trustee | |
ACCOUNTING ON DEATH OF SUBSTITUTE DECISION MAKER OR VULNERABLE PERSON | ||
112 | Accounting on death of substitute decision maker | |
113 | (1) | Accounting on death of vulnerable person |
(2) | Powers of Public Trustee on vulnerable person's death | |
APPOINTMENT FOR PERSON RESIDING OUTSIDE MANITOBA | ||
114 | (1) | Application for appointment re non-resident |
(2) | Decision to appoint substitute decision maker for non-resident | |
(3) | Terms and conditions of appointment | |
(4) | Notice of appointment | |
DIVISION 5 | ||
GENERAL PROVISIONS RESPECTING SUBSTITUTE DECISION MAKERS | ||
115 | Effect of decision by substitute decision maker | |
116 | Contracts binding | |
117 | Incidental powers | |
118 | (1) | Completion of transactions entered into by vulnerable person |
(2) | Completion of transactions on death of vulnerable person | |
119 | Mediation of disputes between substitute decision makers | |
DIVISION 6 | ||
EMERGENCY APPOINTMENT, SUSPENSION AND VARIATION | ||
EMERGENCY APPOINTMENT | ||
120 | (1) | Application for emergency appointment |
(2) | Hearing panel not required | |
(3) | Emergency appointment | |
(4) | Term of appointment | |
121 | Powers of emergency substitute decision maker | |
122 | (1) | Notice of decision |
(2) | Reasons on request | |
EMERGENCY SUSPENSION AND TEMPORARY APPOINTMENT | ||
123 | (1) | Application for suspension and temporary appointment |
(2) | Hearing panel not required | |
(3) | Suspension and temporary appointment | |
(4) | Term of suspension and appointment | |
124 | Powers of temporary substitute decision maker | |
125 | (1) | Notice of decision |
(2) | Reasons on request | |
EMERGENCY VARIATION | ||
126 | (1) | Application for emergency variation |
(2) | Hearing panel not required | |
(3) | Emergency variation of appointment | |
(4) | Limitation re personal care and property | |
(5) | Term of appointment | |
127 | (1) | Notice of decision |
(2) | Reasons on request | |
GENERAL REQUIREMENTS | ||
128 | Eligibility for appointment | |
129 | Powers to be specified | |
DIVISION 7 | ||
TERMINATION, REPLACEMENT AND VARIATION OF APPOINTMENT | ||
APPLICATION AND PROCEDURE | ||
130 | (1) | Application for termination, replacement or variation |
(2) | Form of application | |
(3) | Commissioner may initiate application | |
131 | (1) | Refusal to consider frivolous application |
(2) | Notice of decision to dismiss | |
132 | Notice of application | |
133 | (1) | Decision to refer to hearing panel |
(2) | Notice of referral to hearing panel | |
(3) | Division 2 applies | |
134 | (1) | No referral to hearing panel |
(2) | Opportunity to be heard | |
135 | (1) | Notice of decision |
(2) | Reasons on request | |
TERMINATION | ||
136 | Decision to terminate | |
REPLACEMENT | ||
137 | (1) | Decision to appoint replacement substitute decision maker |
(2) | Eligibility for appointment | |
138 | Powers of replacement substitute decision maker | |
VARIATION | ||
139 | (1) | Decision to vary appointment |
(2) | Limitation re personal care and property | |
(3) | Eligibility for appointment | |
DIVISION 8 | ||
REVIEW OF APPOINTMENT BEFORE RENEWAL | ||
140 | (1) | Appointment not renewed if no review |
(2) | More than one renewal of appointment | |
(3) | Purpose of review | |
141 | (1) | Referral to hearing panel |
(2) | Commissioner may review without referral | |
(3) | Notice of review | |
(4) | Referral if objection | |
142 | (1) | Hearing and recommendations |
(2) | Division 2 applies | |
143 | Opportunity to be heard | |
DECISION ON A REVIEW | ||
144 | (1) | Decision to renew or vary appointment |
(2) | Powers may be continued on renewal | |
(3) | Limitation re personal care and property | |
(4) | Powers on appointment | |
(5) | Terms and conditions | |
(6) | Duration of appointment | |
145 | Decision to terminate appointment | |
146 | (1) | Notice of decision |
(2) | Reasons on request | |
DIVISION 9 | ||
APPEAL TO COURT OF QUEEN'S BENCH | ||
147 | (1) | Appeal from decision of commissioner |
(2) | Persons who may appeal | |
(3) | Appeal with leave of court | |
METHOD OF APPEAL | ||
148 | Notice of application filed | |
149 | Time for filing and serving | |
150 | Service of notice of application | |
151 | Commissioner files decision in court | |
152 | (1) | Service on Public Trustee |
(2) | Public Trustee right to be heard | |
153 | Stay of decision | |
154 | Not compellable witness | |
155 | Appeal as fresh matter | |
POWERS OF COURT | ||
156 | (1) | Powers of court on appeal |
(2) | Powers of court re dismissal of application | |
(3) | Court appoints substitute decision maker | |
(4) | Powers to be specified | |
157 | Effect of court order | |
158 | Copy of order to commissioner | |
PART 5 | ||
NOTICE, CONFIDENTIALITY, IMMUNITY, REGULATIONS AND OFFENCES | ||
NOTICE | ||
159 | (1) | Notice given by commissioner |
(2) | Notice given by ordinary mail | |
(3) | Notice to vulnerable person if hearing panel established | |
(4) | Effective notice under clause (3)(b) | |
(5) | When notice mailed | |
(6) | Notice dispensed with | |
(7) | Actual notice sufficient | |
CONFIDENTIALITY | ||
160 | Confidentiality re vulnerable person | |
160.1 | Confidentiality re person who reports abuse or neglect | |
161 | (1) | Information to be furnished |
(2) | Solicitor-client privilege protected | |
IMMUNITY | ||
162 | (1) | Immunity re furnishing information |
(2) | Immunity re powers and duties | |
REGULATIONS | ||
163 | Regulations | |
OFFENCES | ||
164 | (1) | Offences |
(1.1) | Onus | |
(2) | Penalties | |
(3) | Prosecution within two years | |
PART 6 | ||
TRANSITIONAL, CONSEQUENTIAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
165 | (1) | Transitional: definitions |
(2) | Orders preserved for three years | |
(3) | Rescission of orders | |
166 | (1) | Commissioner's approval of continuation of placement |
(2) | Time for bringing application | |
(3) | Notice of decision | |
167 | Placement in developmental centre continued | |
168 | Right to leave developmental centre | |
169 | (1) | Appeal |
(2) | Division 9 of Part 4 applies | |
C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
210 | C.C.S.M. reference | |
211 | Coming into force |