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