C.C.S.M. c. M110
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| PART 1
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| INTRODUCTORY PROVISIONS
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| 1
| Definitions
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| 2
| Mental competence presumed at age 16
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| 3
| Meaning of incapacity for personal care
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| PART 2
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| VOLUNTARY ADMISSION
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| 4(1)
| Admission as a voluntary patient
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| (2)
| Consent required
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| 5(1)
| Patient's right to leave facility
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| (2)
| Patient may be detained if danger
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| (3)
| Examination within 24 hours
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| 6(1)
| Change of patient's status to involuntary
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| (2)
| Psychiatric assessment within 72 hours
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| (3)
| Certificate
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| PART 3
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| INVOLUNTARY ASSESSMENT AND ADMISSION
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| 7
| Description of involuntary admission procedures
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| PHYSICIAN'S APPLICATION FOR AN INVOLUNTARY PSYCHIATRIC ASSESSMENT
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| 8(1)
| Physician may apply for involuntary psychiatric assessment
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| (2)
| Determining competence to consent
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| (3)
| Application within 2 days of examination
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| (4)
| Content of application
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| 9(1)
| Application authorizes detention and assessment
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| (2)
| Application valid for 7 days
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| COURT ORDER FOR AN INVOLUNTARY MEDICAL EXAMINATION
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| 10(1)
| Justice may order examination by a physician
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| (2)
| Reasons
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| (3)
| Procedure
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| 11(1)
| Order for an involuntary medical examination
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| (2)
| Order to take into custody
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| (3)
| Order valid for 7 days
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| PEACE OFFICER'S POWER TO TAKE INTO CUSTODY
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| 12(1)
| Peace officer's power to take into custody
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| (2)
| Reasonable measures
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| GENERAL REQUIREMENTS FOR INVOLUNTARY EXAMINATIONS AND ASSESSMENTS
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| 13(1)
| Examination within 24 hours
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| (2)
| Place of examination
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| 14
| Peace officer's duty to inform patient about examination
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| 15(1)
| Peace officer's duty during examination
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| (2)
| Exception
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| (3)
| Duty to return person
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| INVOLUNTARY PSYCHIATRIC ASSESSMENT AND ADMISSION
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| 16(1)
| Involuntary psychiatric assessment
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| (2)
| Psychiatrist who applies cannot certify
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| (3)
| Duty of psychiatrist to admit or release
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| 17(1)
| Requirements for involuntary admission
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| (2)
| Determining competence to consent
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| 18(1)
| Involuntary admission certificate
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| (2)
| Content of certificate
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| (3)
| Medical director to examine certificate
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| 19
| Duration of involuntary admission certificate — 21 days
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| 20(1)
| Release if admission requirements not met
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| (2)
| Release after 72 hours
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| (3)
| Detention under another law
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| RENEWAL CERTIFICATE
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| 21(1)
| Renewal certificate
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| (2)
| Content of certificate
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| (3)
| Duty of medical director
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| (4)
| Duration of renewal certificate — 3 months
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| (5)
| Patient's status if no renewal certificate issued
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| 22
| Patient's status on expiry of involuntary admission certificate
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| CHANGE OF PATIENT'S STATUS TO VOLUNTARY
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| 23(1)
| Change of status of involuntary patient to voluntary
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| (2)
| Change of status certificate
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| CRIMINAL CODE ADMISSION
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| 24(1)
| Admission under the Criminal Code
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| (2)
| When detention expires under the Criminal Code
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| (3)
| Definition of "hospital"
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| TRANSFER FROM A CORRECTIONAL FACILITY
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| 25(1)
| Transfer from correctional facility
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| (2)
| No discharge of prisoner
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| PART 4
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| TREATMENT DECISIONS
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| PATIENT'S RIGHT TO MAKE TREATMENT DECISIONS
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| 26
| Right to refuse treatment
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| DETERMINING COMPETENCE
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| 27(1)
| Competence to make treatment decisions
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| (2)
| Determining competence
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| (3)
| Certificate of incompetence
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| (4)
| Notice
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| (5)
| Review of certificate
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| (6)
| Notice
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| (7)
| Duration of certificate
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| TREATMENT DECISIONS BY OTHERS
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| 28(1)
| Treatment decisions by others
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| (2)
| Person must be available and willing
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| (3)
| Requirements for nearest relative
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| (4)
| Decisions on patient's behalf
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| (5)
| Determining best interests
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| (6)
| Physician may rely on nearest relative's statement
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| (7)
| Reasonable inquiries
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| (8)
| No onus to inquire into existence of proxy or directive
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| ADMINISTERING TREATMENT
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| 29(1)
| No treatment without consent
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| (2)
| Exception for psychiatric treatment to prevent harm
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| (3)
| Method of psychiatric treatment
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| (4)
| Detailed record of psychiatric treatment
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| (5)
| Emergency medical treatment
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| REVIEW OF TREATMENT DECISIONS
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| Application by physician
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| 30(1)
| Application to review board by physician
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| (2)
| Content of application
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| (3)
| Order
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| (4)
| Regard for patient's expressed wishes
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| (5)
| Terms and conditions
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| (6)
| No treatment if order appealed
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| Application by patient
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| 31(1)
| Application to review board by patient
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| (2)
| Criteria for order
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| (3)
| Order
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| PART 5
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| INFORMATION AND RECORDS
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| PATIENT'S RIGHT TO INFORMATION
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| 32(1)
| General information to patients on admission
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| (2)
| Posting the information
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| 33(1)
| Duty to inform patient on admission and change of status
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| (2)
| Duty to inform treatment decision maker
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| (3)
| Duty of medical director to inform others
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| (4)
| If language difficulty
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| PATIENT'S RIGHT TO EXAMINE CLINICAL RECORD
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| 34(1)
| Definitions
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| (2)
| Patient's right to examine and copy clinical record
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| (3)
| How to make a request
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| (4)
| Application to review board
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| (5)
| Order by review board
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| (6)
| Severance of information
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| (7)
| Submissions
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| PATIENT'S RIGHT TO CORRECT CLINICAL RECORD
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| 35(1)
| Right to request a correction
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| (2)
| Written request
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| (3)
| Medical director's response
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| (4)
| Refusal to correct
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| (5)
| Notifying others of a correction or statement of disagreement
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| (6)
| No fee
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| CONFIDENTIALITY OF CLINICAL RECORDS
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| 36(1)
| Disclosure prohibited without patient's consent
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| (2)
| Disclosure without patient's consent
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| (3)
| Limit on amount of information disclosed
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| (4)
| Clinical records kept confidential
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| (5)
| Definition of "health profession"
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| DISCLOSURE OF CLINICAL RECORD UNDER SUBPOENA OR COURT ORDER
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| 37(1)
| Disclosure under a subpoena or court order
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| (2)
| Statement by attending physician
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| (3)
| Hearing by the court
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| (4)
| Matters to be considered by court
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| (5)
| Clinical record to be returned
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| NO DISCLOSURE OF INFORMATION BY EMPLOYEES OR OTHERS
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| 38(1)
| No disclosure by employees or others
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| (2)
| Exception
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| FREEDOM OF INFORMATION ACT DOES NOT APPLY
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| 39
| Freedom of Information Act does not apply
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| PART 6
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| ADMINISTRATION
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| CERTIFICATE OF INCOMPETENCE TO MANAGE PROPERTY
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| 40(1)
| Determining competence to manage property
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| (2)
| Considerations
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| (3)
| Certificate of incompetence
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| (4)
| Notice
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| 41(1)
| Effect of certificate: Public Guardian and Trustee as committee
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| (2)
| Powers and duties of Public Guardian and Trustee
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| 42
| Duration of certificate
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| 43(1)
| Cancellation if patient regains competence
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| (2)
| Notice
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| UNAUTHORIZED ABSENCE FROM A FACILITY
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| 44(1)
| Patient absent without permission
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| (2)
| Requirements for voluntary patient
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| (3)
| Examination on return
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| TRANSFER OF INVOLUNTARY PATIENTS OUT OF AND INTO MANITOBA
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| 45(1)
| Transfer of involuntary patients out of Manitoba
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| (2)
| Transfer of involuntary patient into Manitoba
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| LEAVE CERTIFICATE
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| 46(1)
| Leave certificate
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| (2)
| Patient for whom a leave certificate may be issued
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| (3)
| Collaborative development of treatment plan
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| (4)
| Patient to be informed
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| (5)
| Criteria for issuing a leave certificate
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| (6)
| Content of certificate
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| (7)
| Patient's obligations
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| (8)
| Notice to patient and others
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| (9)
| Duration of certificate — 6 months
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| (10)
| Status of patient on leave
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| 47(1)
| Review of leave certificate
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| (2)
| If criteria are no longer met
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| (3)
| If requirements need amendment
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| 48(1)
| Cancellation of leave certificate
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| (2)
| Return to facility
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| (3)
| Assessment on return
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| PART 7
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| MENTAL HEALTH REVIEW BOARD
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| 49(1)
| Mental Health Review Board
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| (2)
| Roster of members
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| (3)
| Panels
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| (4)
| Assigning members to panel
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| (5)
| Quorum
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| (6)
| Voting
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| (7)
| Panel acts as the board
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| (8)
| Persons prohibited as members
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| (8.1)
| Meaning of connected by common-law relationship
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| APPLICATIONS
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| 50(1)
| Applications
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| (2)
| Application on patient's behalf
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| (3)
| Application in prescribed form
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| (4)
| Deemed application for long term patients
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| (5)
| Deemed application for patients on leave
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| 51
| Determination to be made as of the day of the hearing
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| 52(1)
| Parties
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| (2)
| Treatment decision maker a party
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| (3)
| Board may add parties
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| (4)
| Counsel
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| HEARINGS
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| 53(1)
| Hearing
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| (2)
| Notice of hearing
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| (3)
| When hearing must begin
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| (4)
| Record of hearing
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| (5)
| Private hearing
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| 54(1)
| Parties may examine evidence
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| (2)
| Parties may present evidence
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| 55(1)
| Powers and duties of the board
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| (2)
| Second opinion
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| ORDERS
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| 56(1)
| Orders
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| (2)
| Notice of order and right to appeal
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| (3)
| Written reasons
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| 57
| Standard of proof
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| 58
| Patient deemed able to instruct counsel
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| APPEAL TO COURT
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| 59(1)
| Appeal to court
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| (2)
| Time for appeal
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| (3)
| Powers of court on appeal
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| (4)
| Appeal heard in private
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| PART 8
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| COMMITTEESHIP WITHOUT A COURT ORDER
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| PHYSICIAN'S CERTIFICATE OF INCAPACITY
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| 60(1)
| Physician's certificate of incapacity
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| (2)
| Considerations
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| (3)
| Certificate of incapacity
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| (4)
| Review of certificate
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| (5)
| Director may require information
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| (6)
| Notice of intent to issue an order
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| (7)
| Director to consider any objections
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| ORDER APPOINTING PUBLIC GUARDIAN AND TRUSTEE AS COMMITTEE OF BOTH PROPERTY AND PERSONAL CARE
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| 61(1)
| Order appointing Public Guardian and Trustee as committee
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| (2)
| Exception
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| (3)
| Notice to the Public Guardian and Trustee
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| (4)
| Notice to person and person's proxy
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| (5)
| Duration of order
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| (6)
| Order cancelled if substitute decision maker appointed
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| (7)
| Emergency order
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| 62(1)
| Application to court to cancel order
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| (2)
| When application must be made
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| (3)
| Notice to the Public Guardian and Trustee
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| (4)
| Public Guardian and Trustee's role when application pending
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| (5)
| Order
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| 62.1(1)
| Public Guardian and Trustee may apply to court to cancel order
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| (2)
| Notice to the director
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| (3)
| Order
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| POWERS OF PUBLIC GUARDIAN AND TRUSTEE
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| 63(1)
| Powers of Public Guardian and Trustee as committee
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| (2)
| Powers re personal care
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| (3)
| Limitation re treatment and health care
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| (4)
| Treatment decisions: best interests
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| (5)
| When Public Guardian and Trustee is nearest relative
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| (6)
| Limitations on personal care powers
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| 64(1)
| Public Guardian and Trustee may intervene in emergency
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| (2)
| Authority to enter
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| (3)
| Peace officer to assist
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| (4)
| Court order not required
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| 65
| Records
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| REVIEW OF PERSON'S CONDITION
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| 66(1)
| Physician to review person's condition
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| (2)
| Review at patient's request
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| (3)
| Review of statement
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| (4)
| Director may require information
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| (5)
| Director to cancel certificate and order
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| RELATIONSHIP BETWEEN COMMITTEESHIP AND AN ENDURING POWER OF ATTORNEY
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| 67(1)
| Power of attorney suspended
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| (2)
| Public Guardian and Trustee to inquire about enduring power of attorney
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| (3)
| Duty of Public Guardian and Trustee if attorney exists
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| (4)
| Attorney acting in good faith
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| (5)
| Notice of decision
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| (5.1)
| More than one attorney
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| (6)
| Public Guardian and Trustee protected from liability
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| (7)
| Application to court
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| (8)
| Time for application
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| (9)
| Objection, application to court
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| COMMITTEE OF PERSON OUTSIDE MANITOBA
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| 68
| Order cancelled if committee appointed in another jurisdiction
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| 69
| Order cancelled if person regains competence outside Manitoba
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| PART 9
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| COURT-APPOINTED COMMITTEES
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| DIVISION 1
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| DEFINITIONS
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| 70
| Definition
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| DIVISION 2
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| APPLICATION AND APPOINTMENT
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| APPLICATION
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| 71(1)
| Application to court for committee
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| (2)
| Criteria for committee of property
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| (3)
| Criteria for committee of both property and personal care
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| (4)
| If another person is already committee
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| 72(1)
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| (2)
| Notice of application
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| (3)
| Court may dispense with notice
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| 73
| Public Guardian and Trustee entitled to be heard
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| 74
| Medical examination
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| ORDER APPOINTING COMMITTEE
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| 75(1)
| Order appointing committee of property
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| (2)
| Order appointing committee of both property and personal care
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| (3)
| Court to consider enduring power of attorney
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| (4)
| Court to consider health care directive
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| (5)
| No order for a vulnerable person
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| (6)
| Contents of order
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| (7)
| When order takes effect
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| (8)
| Service of order
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| (9)
| Costs and expenses
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| (10)
| Court may delegate power to a master
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| 76(1)
| Two or more committees
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| (2)
| Joint committees
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| (3)
| Alternate committee
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| SECURITY
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| 77(1)
| Security
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| (2)
| Bond
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| (3)
| Public Guardian and Trustee need not provide security
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| DIVISION 3
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| POWERS AND DUTIES OF COMMITTEES OF PROPERTY
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| POWERS OF COMMITTEE OF PROPERTY
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| 78
| Power to manage property
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| 79
| Duty of others to provide information and deliver property
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| 80(1)
| Powers of committee
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| (2)
| Restrictions and conditions
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| 81(1)
| Powers of committee specifically conferred by court
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| (2)
| Restrictions and conditions
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| 82
| Compensation
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| DUTIES OF COMMITTEE OF PROPERTY
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| 83
| Fiduciary duties
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| 84(1)
| Required expenditures
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| (2)
| Guiding principles
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| ACCOUNTING BY COMMITTEE OF PROPERTY
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| 85(1)
| Filing of inventory on appointment
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| (2)
| Public Guardian and Trustee need not file inventory, etc.
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| (3)
| Accounting
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| 86(1)
| Separate account in a financial institution
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| (2)
| If committee is the Public Guardian and Trustee or a trust company
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| 87
| Accounting on death of committee
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| 88
| Accounting on death of incapable person
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| DIVISION 4
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| POWERS AND DUTIES OF COMMITTEE OF BOTH PROPERTY AND PERSONAL CARE
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| 89
| Powers re property
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| 90(1)
| Powers re personal care
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| (2)
| Restrictions and conditions
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| LIMITATIONS ON POWERS
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| 91
| Limitation re treatment and health care
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| 92
| Limitation re custody and divorce
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| 93
| Matters excluded absolutely
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| DUTIES OF COMMITTEE RESPECTING PERSONAL CARE
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| 94
| Good faith
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| 95
| Least restrictive and intrusive course of action
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| 96(1)
| Criteria for making health care decisions
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| (2)
| Criteria for making other personal care decisions
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| DIVISION 5
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| COMMON PROVISIONS RESPECTING ALL COMMITTEES
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| 97
| Effect of decision by committee
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| 98
| Contracts binding
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| 99
| Completion of transactions
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| 100
| Incidental powers
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| DIVISION 6
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| TERMINATION, REPLACEMENT AND VARIATION OF APPOINTMENT
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| 101(1)
| Application for termination, replacement or variation
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| (2)
| Notice
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| TERMINATION
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| 102(1)
| Decision to terminate
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| (2)
| Court to be satisfied about alternative arrangements
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| 103(1)
| Accounting on termination of appointment
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| (2)
| Time for providing accounting
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| (3)
| Delivery of property
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| REPLACEMENT
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| 104(1)
| Order to appoint replacement committee
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| (2)
| Powers of replacement committee
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| VARIATION
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| 105
| Decision to vary appointment
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| PART 10
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| GENERAL PROVISIONS CONCERNING THE PUBLIC GUARDIAN AND TRUSTEE AS COMMITTEE
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| CONVEYING TITLE TO LAND
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| 106(1)
| Conveying title to land
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| (2)
| Evidence in documents of sale
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| (3)
| Deemed execution
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| 107 to 110
| Repealed
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| NON-RESIDENT INCAPABLE PERSONS
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| 111(1)
| Administration of estates of persons detained in other provinces
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| (2)
| Duties and powers of person appointed
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| MISCELLANEOUS
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| 112
| Evidence of Public Guardian and Trustee's committeeship
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| 113(1)
| Unclaimed money held by Public Guardian and Trustee
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| (2)
| Payment over of money claimed
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| PART 11
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| GENERAL PROVISIONS
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| DIRECTORS AND OTHER STAFF
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| 114(1)
| Appointment of director and others
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| (2)
| Authority of Director of Psychiatric Services
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| 115(1)
| Appointment of medical directors
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| (2)
| Authority of medical director
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| STANDARDS COMMITTEES FOR FACILITIES
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| 116
| Standards committee
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| REPORTS BY FACILITIES
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| 117(1)
| Reports
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| (2)
| Form of information
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| PROTECTION FROM LIABILITY
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| 118
| Protection from liability
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| OFFENCES
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| 119(1)
| Supply of intoxicants forbidden
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| (2)
| Definition of "intoxicant"
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| 120
| Assisting a patient to leave a facility without permission
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| 121
| Obstructing officials
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| 122
| Ill-treating mentally disordered persons
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| 123
| Giving wrong information
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| 124
| Penalty
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| REGULATIONS
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| 125(1)
| Regulations
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| (2)
| Regulations prescribing charges
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| PART 12
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| TRANSITIONAL, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE
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| TRANSITIONAL
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| 126(1)
| Transitional: definition of "former Act"
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| (2)
| Committees continued
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| (3)
| Certificates continued
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| 127 to 137
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| REPEAL AND COMING INTO FORCE
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| 138
| Repeal
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| 139
| C.C.S.M. reference
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| 140
| Coming into force
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