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C.C.S.M. c. V90

The Vulnerable Persons Living with a Mental Disability Act

PART 1
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
PART 2
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17 to 19 Repealed
20(1) Repealed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
PART 3
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
PART 4
SUBSTITUTE DECISION MAKING
DIVISION 1
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
DIVISION 2
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
(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
DIVISION 3
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 refer application to hearing panel
51(1) Notice of decision
(2) Reasons upon request
(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
DIVISION 4
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 refer application to hearing panel
86(1) Notice of decision
(2) Reasons upon request
(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
DIVISION 5
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
DIVISION 6
EMERGENCY APPOINTMENT, SUSPENSION AND VARIATION
EMERGENCY APPOINTMENT
120(1) Application for emergency appointment
(2) Hearing panel 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 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 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
DIVISION 7
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 to hearing panel
(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
DIVISION 8
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
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
DIVISION 9
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
PART 5
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
PART 6
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

 

 
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