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C.C.S.M. c. V90
The Vulnerable Persons Living with a Mental Disability Act
| 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 | |
| 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| 17 to 19 | Repealed | |
| 20 | (1) | Repealed |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 | |
| 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 | |
| SUBSTITUTE DECISION MAKING | ||
| 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 | |
| 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 | |
| (3.1) | Consideration without 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 | |
| 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 consider application | |
| 51 | (1) | Notice of decision |
| (2) | Reasons upon request | |
| (3) | Repealed | |
| 51.1 | (1) | Decision to refer to hearing panel |
| (2) | Notice of referral to hearing panel | |
| 51.2 | (1) | No referral to hearing panel |
| (2) | Opportunity to be heard | |
| (3) | Referral if objection | |
| 51.3 | 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 Guardian and 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 | |
| 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 consider application | |
| 86 | (1) | Notice of decision |
| (2) | Reasons upon request | |
| (3) | Repealed | |
| 86.1 | (1) | Decision to refer to hearing panel |
| (2) | Notice of referral to hearing panel | |
| 86.2 | (1) | No referral to hearing panel |
| (2) | Opportunity to be heard | |
| (3) | Referral if objection | |
| 86.3 | 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 Guardian and Trustee | |
| (6) | Duration of appointment | |
| LIMITATION ON POWERS | ||
| 93 | (1) | Limitation on settlement of claims or proceedings |
| (2) | Exception for Public Guardian and 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 Guardian and Trustee as substitute decision maker |
| (2) | Accounting by Public Guardian and 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 Guardian and 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 | |
| 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 | |
| EMERGENCY APPOINTMENT, SUSPENSION AND VARIATION | ||
| EMERGENCY APPOINTMENT | ||
| 120 | (1) | Application for emergency appointment |
| (2) | Hearing panel and representations 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 and representations 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 and representations 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 | |
| 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 and hearing | |
| (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 | |
| 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 | |
| (5) | Notice of hearing by hearing panel | |
| 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 | |
| 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 Guardian and Trustee |
| (2) | Public Guardian and 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 | |
| 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 | |
| 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 | |