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This version was current from June 30, 2004 to June 11, 2014.
Note: It does not reflect any retroactive amendment enacted after June 11, 2014.
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C.C.S.M. c. H20
The Department of Health Act
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence and "common-law partner" of a deceased person means a person who, not having been married to the deceased person, was cohabiting with him or her in a conjugal relationship of some permanence at the time of the deceased's death; (« conjoint de fait »)
"department" means The Department of Health; (« ministère »)
"minister" means the Minister of Health. (« ministre »)
For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.
There is continued a department of the Government of Manitoba called: "The Department of Health" over which the Minister of Health shall preside.
A Deputy Minister of Health, an Assistant Deputy Minister of Health, a Director of Public Health Services, an accountant, and such other officers, inspectors, consultants, and employees as may be required to carry on the business of the department, may be appointed as provided in The Civil Service Act.
The minister is, ex officio, a member of the board of directors or board of management of every institution that is supported in whole or in part by grants or other payments made from the Consolidated Fund and charged, in the books of the government, to moneys voted by the Legislature and appropriated for the service of the department.
The minister may
(a) institute inquiry into, and collect information and statistics relating to, all matters of health;
(b) disseminate information in such manner and form as may be found best adapted to promote health;
(c) take or direct such measures as may seem suitable to prevent and suppress disease.
Where the Governor-General in Council or any person, institution, foundation, association, society, or other organization, (in this section called "the grantor") will, under an Act of the Parliament of Canada or otherwise, make a grant or gift of moneys to the Government of Manitoba for the promotion, advancement, improvement, protection, or security, in any way, of the health of citizens of the province, the minister, acting for and on behalf of the government, may, subject to subsection (3), enter into an agreement with the grantor respecting the purposes for which, and the terms and conditions on which, the moneys shall be received and expended by the government.
Where an Act of the Legislature has authorized the making of a grant or gift of moneys, to be paid from and out of the Consolidated Fund, to any person, institution, foundation, association, society, or other organization, (in this section called "the grantee") for the promotion, advancement, improvement, protection, or security, in any way, of the health of citizens of the province, the minister may prescribe the specific purposes for which, and the terms and conditions on which, the moneys shall be received and expended by the grantee, and may require the grantee to enter into an agreement with respect thereto in such form as the minister requires; and the minister, acting for and on behalf of the government, may, subject to subsection (3), enter into such an agreement with the grantee.
The minister shall not enter into an agreement under subsection (1) or (2) unless, before the execution thereof by him, it has been approved by order of the Lieutenant Governor in Council.
In addition to the provisions contained in any other Act of the Legislature, where the government provides for, becomes liable for, or incurs expenses in connection with, any of the following services, namely, the custody, apprehension, removal, transportation, care, maintenance, relief, support, hospitalization, or burial of, or medical or other services to, a person, if the services or the cost thereof and the charges therefor are not provided or payable by the government under any other Act of the Legislature,
(a) that person, his executors or administrators and the spouse or common-law partner of that person, and his or her executors or administrators, or if the person is an infant, his parent or guardian, or any other person legally liable to pay such expenses, is liable to the Crown for the cost or amount thereof, and the Crown may recover the cost or amount thereof as a debt due to it by him, her, or them; and
(b) the minister may register a statement showing the address for service of notices upon the minister, the costs and expenses that have been incurred on behalf of that person and the name of that person in any Land Titles Office in the province, and, from the time of the registration thereof, the statement binds and forms a lien and charge in favour of the Crown in right of Manitoba for the amount so certified on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, if registered in the general register, against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act; and the statement when so registered has the same effect as if the debtor had under its hand and seal executed a lien charging the lands in favour of the minister.
The statement mentioned in clause (1)(b) shall be registered on its mere production without any affidavit of execution; and the lien or charge thereby created may be realized in the same manner as if it were a mortgage on the land executed by the owner.
The statement mentioned in clause (1)(b) when registered shall, from the time of its being so registered, be held to cover all moneys paid out or expended by the government in connection with any of the services mentioned in subsection (1), not provided or payable as therein mentioned, and rendered or given to or on behalf of the person or his or her spouse or common-law partner or his or her child under the age of 18 years, after the date of registration thereof as well as before; and the statement and the lien or charge created thereby remains in force without renewal until discharged.
The lien or charge created by the statement may be discharged by the registration in the same office of a discharge executed by the minister.
Where the lien and charge referred to in clause (1)(b) is realized, any surplus moneys remaining after the government is reimbursed and the expenses of realizing the lien and charge are met shall be paid to the person affected by the government's action.
Where the government takes action to realize the lien and charge referred to in clause (1)(b), any person affected by the action may, within 30 days of the taking of the action or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (7).
Where, upon hearing an application under subsection (6), the court is satisfied that the applicant owes no costs or expenses to the government or owes a smaller amount of costs and expenses than the government has alleged, the court may
(a) where applicable, order immediate termination of the action being taken to realize the lien and charge; or
(b) order the government to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or
(c) make such other order as is just under the circumstances.
R.S.M. 1987 Supp., c. 28, s. 2; S.M. 2002, c. 24, s. 28.
Where the Crown desires to recover a judgment in the Court of Queen's Bench for any debt due to it under subsection 7(1), it is not necessary to issue a summons; but the minister may serve by registered mail upon the person indebted to the Crown a certificate signed by him, setting out the name of the person so indebted and the amount of the indebtedness, and endorsed with a notice to the debtor that if he disputes the amount claimed he must file his statement of defence in the Queen's Bench, specifying it, within 20 days from the mailing of the certificate, otherwise judgment will be entered against him.
The minister shall, upon serving the certificate, file in the Queen's Bench a duplicate thereof, together with an affidavit proving that the certificate has been so served upon the debtor.
The serving and filing of such a certificate takes effect, and the judgment may be entered, and all subsequent proceedings in the court be had thereon in the same manner, as if a special summons had been issued out of the court and been duly served upon the debtor.