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 |
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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 |
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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 |