Skip to main content
The Mental Health Act
This is an unofficial archived version of The Mental Health Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. M110

The Mental Health Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act,

"addiction" means the suffering from a disorder or disability of mind, as evidence by a person being so given over to the use of alcohol or drugs that he is unable to control himself, or is incapable of managing his affairs, or places his family in danger or severe distress, or the use of drugs or intoxicating liquor to such an extent as to render the user dangerous to himself or others; and the word "addict" has a corresponding meaning; ("toxicomanie")

"age" in the absence of positive evidence as to age, means apparent age; ("âge")

"board" means The Minister's Board appointed under Part II; ("Commission")

"committee" means a person to whom the estate of a mentally disordered person, or to whom the custody of a mentally disordered person, is committed under Part III; ("curateur")

"court" means the Court of Queen's Bench; ("tribunal")

"custodian" means a person in whose custody a mental retardate is placed by a provincial judge under Part II; ("gardien")

"director" means a psychiatrist appointed as Director of Psychiatric Services for the province; ("directeur")

"institution" means a psychiatric facility existing or hereinafter established or used for the reception, control, care, training, treatment, instruction, employment or maintenance of mental retardates; ("établissement")

"intoxicant" means any intoxicating liquor within the meaning of The Liquor Control Act, and includes any sedative or narcotic within the meaning of the Narcotic Control Act (Canada), as amended from time to time; ("produit intoxicant")

"judge" means a judge of the court; ("juge")

"lease" means lease with or without an option to the lessee of purchasing; ("bail")

"maintenance" includes shelter, clothing, nursing support, medical treatment, necessary training, instruction and transportation; ("entretien")

"medical officer in charge" means the physician responsible for the provision and direction of psychiatric services within or related to a psychiatric facility; ("administrateur médical responsable")

"mental disorder" means mental illness, mental retardation, psychoneurosis, psychopathic disorder, addiction, or any disability of mind caused by disease, senility or otherwise; and the expressions "mentally disordered" and "mentally disordered person" have corresponding meanings; ("troubles mentaux")

"mental illness" means a disorder of mind, other than psychoneurosis and psychopathic disorder, that results in such a change in the behaviour and judgment of a person as to require medical treatment, or in respect of which disorder of mind, treatment, care, and supervision, of the person are necessary for the protection or welfare of the person and others; and the expression "mentally ill person" has a corresponding meaning; (" maladie mentale")

"mental retardation" means a condition of arrested or incomplete development of mind whether arising from inherent causes or induced by disease or injury; ("déficience mentale")

"mental retardate" means a person who is suffering from mental retardation to such a degree as to require treatment, care, and supervision, or training, of the person for the protection or welfare of the person or others; ("déficient mental")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of the Act or such portion thereof as the case may require; ("ministre")

"parent or guardian" when used with reference to a mental retardate, means either of the parents of the mental retardate and includes any person who undertakes or performs towards the mental retardate the duty of the parent or guardian, or any person who is by law liable to maintain the mental retardate, or with whom the retardate in fact lives at the time an order regarding him is made under Part II, and upon whom the mental retardate is at that time dependent; ("parent ou tuteur")

"patient" means

(a) a person suffering from a mental disorder who is admitted to, and is receiving care and treatment in, a psychiatric facility; or

(b) a person attending and receiving care and treatment at a psychiatric facility as an outpatient, or on a day or night or part-time basis; ("malade")

"psychiatric facility" means a place designated by the minister or mentioned in this Act for the observation, assessment and treatment of persons suffering from mental disorders; ("centre psychiatrique")

"psychiatrist" means a duly qualified medical practitioner who is duly certified as a specialist in psychiatry by the Royal College of Physicians and Surgeons of Canada, or who has practical experience and training in the diagnosis and treatment of mental disorders that, in the opinion of the minister, is equivalent to such a certificate; ("psychiatre")

"psychoneurosis" means a severe or persistent emotional disturbance of a person, other than mental illness or psychopathic disorder, that results in marked impairment of social adaptation and adjustment; ("psychonévrose")

"psychopathic disorder" means a persistent disorder of personality, other than mental illness and psychoneurosis, that results in abnormally aggressive or seriously irresponsible conduct on the part of a person and that requires or is susceptible to medical treatment; ("trouble psychopathique")

"Public Trustee" means the Public Trustee appointed under The Public Trustee Act; ("curateur public")

"school" means a school, public or private, including a special school or special class in a school established and maintained in whole or in part for the instruction and training of mental retardates; ("école")

"supervision" means the caring for, assisting, guiding, protecting, or overseeing of mental retardates not in institutions, by any person or agency with the approval of the minister under such terms and conditions as he may prescribe; ("surveillance")

"transfer" means the execution and delivery by a person of every necessary or suitable transfer conveying, assigning, transferring, releasing, or disposing of property or an interest therein to another, together with the performance of all formalities required by law for the validity of the transfer, and includes the transfer of negotiable instruments by endorsation; ("transfert")

"trust" includes implied trusts, constructive trusts, trusts where the trustee has some beneficial interest, and the powers and duties incident to the office of personal representative of a deceased person; and "trustee" has a corresponding meaning. ("fiducie")

PART I

ADMISSION TO PSYCHIATRIC FACILITIES

Psychiatric facilities continued.

2

The Selkirk Mental Health Centre, The Brandon Mental Health Centre, The Eden Mental Health Centre, and any psychiatric unit in a general hospital designated as a psychiatric facility on the coming into force of this Act are continued as psychiatric facilities.

Standards committee.

3(1)

Where the minister considers it desirable that a standards committee be established in respect of any of the psychiatric facilities mentioned in section 2 he may, in writing, request The College of Physicians and Surgeons of Manitoba to appoint members of the College to a standards committee for any or all of those facilities and thereupon the council of The College of Physicians and Surgeons of Manitoba shall appoint the members of the committee, and from time to time appoint members to fill vacancies on the committee.

Report of appointment to minister.

3(2)

The College of Physicians and Surgeons of Manitoba shall report to the minister the names of all persons appointed to a standards committee under subsection (1).

Authority of Director of Psychiatric Services.

4(1)

The director may

(a) where he has reason to believe that a person is mentally disordered, order that the person be examined and treated as a patient in a psychiatric facility;

(b) order by his warrant the transfer of a patient from one psychiatric facility to another;

(c) administer such oaths, and issue such warrants, as under this Part he is required to administer or issue;

(d) summon relatives of patients and such other persons as may be necessary to be examined before him as to the history and circumstances of any patient;

(e) call in for advice and consultation such . medical and other experts as, in the case of any patient, he may deem advisable;

(f) designate in writing any suitably qualified person to act in his behalf to carry out any or all of the duties to be carried out by him;

(g) perform or carry out such further and other matters as the Lieutenant Governor in Council may by order confer upon him.

Authority of medical officer in charge of a psychiatric facility.

4(2)

The medical officer in charge of a hospital may

(a) admit and detain for examination and treatment in the psychiatric facility of which he is in charge, such persons as are found to be mentally disordered;

(b) call in for advice and consultation such medical and other experts, as in the case of any patient in the psychiatric facility of which he is in charge, that he may deem advisable;

(c) designate in writing any suitably qualified person to act in his behalf to carry out any or all of the duties to be carried out by him;

(d) unless otherwise directed by the director, refuse to admit or detain any person as a non-compulsory patient; and

(e) perform or carry out such further and other matters as the Lieutenant Governor may by order require.

Establishment of psychiatric facilities.

5

The government may establish psychiatric facilities for psychiatric diagnosis and treatment of persons who are mentally disordered.

Modes of admission.

6

Any person in Manitoba who is mentally disordered or is believed to be in need of treatment such as is provided in a psychiatric facility may be admitted thereto as a non-compulsory patient or as a compulsory patient in any of the ways, and in the manner, hereinafter provided. NON-COMPULSORY ADMISSION

Application for admission by person in need of treatment.

7(1)

Any person in Manitoba who believes himself to be, or to be about to become, in need of treatment such as is provided in a psychiatric facility may apply for admission to a psychiatric facility; and the medical officer in charge of the psychiatric facility may receive and detain the person as a patient therein.

No detention unless necessary.

7(2)

No person shall be admitted or detained as a non-compulsory patient at a psychiatric facility unless in the opinion of the medical officer in charge of the psychiatric facility, the person requires or is in need of psychiatric examination, care and treatment.

Admission upon application of relative, etc.

8(1)

Where any person in Manitoba is or is believed to be mentally disordered or in need of treatment such as is provided in a psychiatric facility, any relative or friend of the person or any clergyman, priest, physician, mayor, reeve, councillor, justice of the peace, or any kindly disposed person may, kindly and without violence, convey the person to a psychiatric facility and there make written application for the admission of the person as a patient therein, and the medical officer in charge of the psychiatric facility may admit the person.

Examination of patient within 48 hours.

8(2)

Within 48 hours after the admission of a person as a patient in a psychiatric facility under subsection 7(1), or subsection (1), the medical officer in charge of the psychiatric facility in which the person is a patient, shall cause the patient to be medically examined and a written report made on the mental condition of the patient.

Application of patient for discharge.

8(3)

A person admitted as a patient in a psychiatric facility under subsection 7(1) or subsection (1), may, at any time after the expiration of 48 hours after he was admitted as a patient, give to the medical officer in charge of the psychiatric facility 24 hours notice in writing requesting his discharge from the facility and, except as is otherwise provided in this Act, the medical officer shall thereupon discharge the patient from the facility.

Objection by patient to treatment.

8(4)

Where a patient is a non-compulsory patient no treatment shall be given to the patient if the patient objects to the treatment.

COMPULSORY ADMISSION

Admission upon certificate of medical practitioner.

9(1)

Where a duly qualified medical practitioner issues a medical certificate to the effect that he has examined the person named therein, and that the person should be confined as a patient at a psychiatric facility, the person may be admitted to a psychiatric facility as a compulsory patient.

Medical certificate valid for certain period.

9(2)

A medical certificate issued under subsection (1) is valid for a period not exceeding 14 days from the date of its issuance.

Warrant to take person to psychiatric facility.

9(3)

Where a person with respect to whom a medical certificate is issued under subsection (1) refuses to go to a psychiatric facility, a justice of the peace, or a magistrate or a provincial judge may, upon the application of the medical officer who issued the certificate or upon the application of any person mentioned in subsection 8(1), issue a warrant directing that the person be taken into custody and brought to a psychiatric facility for admission thereto as a compulsory patient.

Contents of warrant

9(4)

The warrant mentioned in subsection (3) may be directed to all or any constables or peace officers in Manitoba, shall name or otherwise describe the person to be apprehended, and shall state that the person is suspected or believed to be in need of examination or treatment at a psychiatric facility

Period of confinement at a psychiatric facility.

10(1)

Except as otherwise provided in this Part, a person admitted as a compulsory patient under section 9 shall not be detained at a psychiatric facility for more than 21 days.

Reversion to non-compulsory patient.

10(2)

At any time within 21 days from the date of admission of a person under section 9, he may upon the certificate of his treating physician, or the certificate of a duly qualified medical practitioner on the staff of the psychiatric facility where the patient is confined, be detained as a non-compulsory patient.

Period of detention may be extended.

11(1)

Notwithstanding section 10, where a person admitted to a psychiatric facility as a compulsory patient is, in the opinion of a psychiatrist on the staff of the psychiatric facility, in need of treatment that is likely to extend beyond 21 days, the medical officer in charge of the psychiatric facility may apply to a provincial judge for an order extending the time of detention of the person for such further period as may be necessary.

Granting of order.

11(2)

Before making an order under subsection (1), the provincial judge shall consider such evidence as may be adduced before him with reference to the mental condition of the person: and if he is satisfied that the person is in need of treatment, as alleged, he shall grant the order.

Non-compulsory patient made compulsory.

12

Where a person admitted as a non-compulsory patient at a psychiatric facility is, in the opinion of a psychiatrist on the staff of the psychiatric facility, a person that is dangerous to himself or to others, or one who requires further treatment, he may be detained as a compulsory patient for a period not exceeding 21 days, but subsection 10(2) and section 11 apply, with such modifications as the circumstances require, to that person.

Admission by order in council.

13

The Lieutenant Governor in Council may, by order, direct that a person

(a) who is a prisoner confined in a penal institution; or

(b) who is convicted of an offence; or

(c) who is acquitted of offence because of insanity; be admitted to a psychiatric facility as a compulsory patient and such a patient shall not be discharged from the psychiatric facility except upon the order of the Lieutenant Governor in Council.

Notification of next-of-kin.

14

Where, at any time during the detention of a person as a patient in a psychiatric facility, there occurs a change in his status as a patient, the medical officer in charge shall, where possible, notify the person's next-of-kin in writing as to the change.

Order for compulsory medical examination.

15(1)

Where any person in Manitoba is or is suspected or believed to be in need of examination and treatment in a psychiatric facility and the person refuses to be medically examined for the purpose of determining his mental condition, any person may apply to a magistrate or a provincial judge for an order compelling the person to be medically examined.

Order for medical examination.

15(2)

Where an application is made under subsection (1), the provincial judge or magistrate before whom it is made shall consider such evidence as may be adduced before him and, if satisfied that the person is in need of examination, he shall order that the person be examined by a duly qualified medical practitioner.

Application of secs. 9, 10, 11, and 14.

15(3)

Where a medical practitioner under subsection (2) issues a certificate to the effect that he has examined the person named therein and that the person should be admitted as a patient at a psychiatric facility, sections 9, 10, 11, and 14, with such modifications as the circumstances require, apply to that person.

Emergency action by peace officer.

15(4)

Where a peace officer has reason to believe that a person

(a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself;

(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him; or

(c) has shown or is showing a lack of competence to care for himself; and in addition the officer is of the opinion that the person is apparently suffering from mental disorder of a nature that likely will result in

(d) serious bodily harm to the person;

(e) serious bodily harm to another person; or

(f) imminent and serious physical impairment of the person; and that it would not be reasonable to proceed as in subsection (1), he may apprehend the person and take him to an appropriate place for examination by a duly qualified medical practitioner.

Person in custody of peace officer.

15(5)

Where a peace officer takes a person into custody pursuant to a medical or judicial order, the person shall remain in the custody of the peace officer until he has been medically examined and brought to a psychiatric facility where admission to the facility is considered by the physician to be in the best interests of the safety of the person or other persons.

Placing under supervision.

16

The director, where he deems it advisable, may place a patient under supervision or in the custody of a relative or friend who desires to keep and care for the patient and who is able to do so, with or without instructions for the patient to be presented, at stated intervals, for further examination or treatment; or he may discharge the patient.

Certificate required.

17

The director may place under supervision as he may consider necessary any person whom he believes to be mentally disordered; but shall do so only upon the receipt of a certificate from a duly qualified medical practitioner, stating that he has examined the person and that the person is mentally disordered. EXPENSES

Certain expenses paid from Consolidated Fund.

18(1)

All expenses incurred in connection with the apprehension and removal or transportation of a person to a psychiatric facility, and in connection with inquiries made by a magistrate respecting the person, shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for such purposes.

Estate of patient may bear expense.

18(2)

All the expenses incurred in connection with the apprehension, transportation, custody, medical examination, or the care and maintenance of a mentally disordered person under this Part may be charged to, and collected from, the mentally disordered person or to any other person who is legally liable to provide for the care and maintenance of the mentally disordered person.

Remedies of government.

18(3)

Where the government provides for, or has provided for, becomes liable for, incurs, or pays for expenses in connection with the apprehension, transportation, custody, medical examination, treatment, care, or maintenance of a person under this Part, that person, his executors or administrators and the husband or wife of that person, or if that 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 all or part of such cost or amount of expenses as a debt due to it by him, her, or them.

Expenses of certain persons.

19

A prisoner confined in a penitentiary may be refused admission to a psychiatric facility unless the expense of his maintenance and other charges are guaranteed by the minister having the control and supervision of that part of the public service of Canada administering the medical care and hospitalization of prisoners in penitentiaries.

Removal of prisoners from common gaol to a psychiatric facility.

20

Where, in the opinion of a duly qualified medical practitioner, a person confined in a common gaol charged or convicted of an offence is mentally disordered, the director may cause the person to be removed to a psychiatric facility for examination, care, and treatment; and that person shall not be discharged from the psychiatric facility or returned to the common gaol during the period of his sentence unless in the opinion of the director or medical officer in charge he is fit to be discharged or returned to the common gaol, and, if he is in a psychiatric facility when his sentence expires, sections 10 and 11 apply, with such modifications as the circumstances require.

Removal of non-resident patients.

21

Where a person who is not ordinarily resident in Manitoba is a patient in a psychiatric facility, the director may authorize the removal of that person to the province or country from which he came or from which he was brought into Manitoba; and the cost of the removal, unless chargeable to or payable by some other person, agency, or department, shall be paid from the Consolidated Fund. UNAUTHORIZED ABSENCE

Return of patients absent without permission.

22

Where a patient of a psychiatric facility is absent from the psychiatric facility without permission of the director or the medical officer in charge of the psychiatric facility, the director or medical officer in charge may issue a warrant to detain the patient and return him to the psychiatric facility; and the warrant may be executed by any officer or servant of the psychiatric facility or by any peace officer of the province. DISCHARGE OF PATIENTS

Discharge of patient.

23(1)

Every person who is detained as a compulsory patient in a psychiatric facility under this Part may, as soon as he is, in the opinion of the director or medical officer in charge, recovered from his mental disorder and competent to act for himself, be discharged or allowed to leave the psychiatric facility on probation for a period of time not exceeding six months.

Probation.

23(2)

Where a patient is placed on probation under subsection (1), the director or medical officer in charge may order the patient to report from time to time at a psychiatric facility or clinic for further medical examination; and at the end of the probationary period the director or medical officer in charge may discharge the patient or, where considered necessary, place the patient on probation for a further period of six months after which period he may be discharged or, if necessary, detained at a psychiatric facility for further treatment.

Discharge of prisoners confined in a psychiatric facility.

23(3)

Except for the purpose of returning the patient to his place of imprisonment, nothing in this section authorizes the discharge of a patient who is imprisoned for an offence and whose sentence has not expired.

Funds for discharged patient.

23(4)

Where a discharged patient or patient placed on probation is in indigent circumstances, he shall be furnished with necessary clothing and funds sufficient for sustenance and travel to his home or place of residence.

Admission of foreign patients.

24(1)

The medical officer in charge of a psychiatric facility may admit to the facility, or transfer, a person who has been committed to a psychiatric facility in another province or territory of Canada or in another country, or to a psychiatric facility under the jurisdiction of the Government of Canada; and may detain the person for such time as may be required for diagnosis, care and treatment of the person.

Application of Part.

24(2)

Where a person is admitted to a psychiatric facility under subsection (1), the provision of this Part respecting a compulsory patient apply with such modifications as the circumstances require.

Appeals.

25(1)

Where any order, decision, or ruling is made under this Part against, or in respect of, any person, that person or his guardian or any of his relatives may appeal the order, decision, or ruling, as the case may be, to the court; and the appeal shall be a trial de novo, and, subject to subsection (2), shall be conducted and proceeded with in the same manner as an appeal on a summary conviction offence.

Security for costs.

25(2)

Where a person launches an appeal under subsection (1), unless the court otherwise orders, he shall not be required

(a) to deposit any money as security for the costs of the appeal; or

(b) to furnish a transcript of the evidence upon which the order, decision, or ruling, as the case may be, was made; and where the court orders the person to deposit money as security for costs, the amount to be so deposited shall be in the discretion of the court.

CONFIDENTIALITY OF RECORDS

Meaning of clinical record.

26(1)

In this section, "clinical record" means the clinical record or any part thereof compiled in a psychiatric facility with respect to a patient.

Disclosure of clinical record prohibited.

26(2)

Except as may be otherwise provided in this Act, no person shall disclose, transmit or examine a clinical record.

Exceptions to disclosure.

26(3)

The medical officer in charge of a psychiatric facility in which a clinical record is prepared and maintained, may disclose or transmit the record to, or permit the examination thereof by

(a) any person with the consent of the patient, where the patient has attained the age of majority and is mentally competent; or

(b) any person, where the patient has not attained the age of majority, or is not mentally competent

(i) with the consent of the Public Trustee where the patient is the ward of the Public Trustee, or

(ii) with the consent of the nearest relative, where the patient is not the ward of the Public Trustee; or

(c) any person employed in or on the staff of the psychiatric facility, for the purpose of assessing or treating the patient: or

(d) the medical officer in charge of a health facility or a psychiatric facility currently involved in the direct care of the patient, upon the written request of the medical officer; or

(e) a physician engaged in the direct care of the patient, where the delay in obtaining the consent mentioned in clause (a) or (b) is likely to endanger the mental or physical health of the patient; or

(f) any person for the purpose of research, academic pursuit or the compilation of statistical data where the name and other means of identification of the patient are removed from the records.

Disclosure pursuant to subpoena.

26(4)

Subject to subsections (5) and (6), the medical officer in charge of a psychiatric facility shall disclose, transmit or permit the examination of the clinical record of a patient pursuant to a subpoena, order or direction of a court with respect to a matter in issue before the court under this Act or any other Act of the Legislature.

Statement by attending physician.

26(5)

Where the disclosure, transmittal or examination of a clinical record is required by a subpoena or order under subsection (4) in respect of a matter in issue or that may be in issue in the court and the attending physician of the patient states in writing that he is of the opinion that the disclosure, transmittal or examination of the clinical record or of a specified part of the clinical record

(a) is likely to result in harm to the treatment or recovery of the patient: or

(b) is likely to result in

(i) injury to the mental condition of a third person, or

(ii) bodily harm to a third person; the medical officer in charge shall comply with the opinion with respect to the clinical record or the part of the clinical record specified by the attending physician except under an order of the court before which the matter is or may be in issue made after a hearing from which the public is excluded and that is held on notice to the attending physician.

Matters to be considered by court or body.

26(6)

On a hearing under subsection (5), the court or body shall consider whether or not the disclosure, transmittal or examination of the clinical record or the part of the clinical record specified by the attending physician

(a) is likely to result in harm to the treatment or recovery of the patient; or

(b) is likely to result in,

(i) injury to the mental condition of a third person, or

(ii) bodily harm to a third person; and for the purpose the court may examine the clinical record, and, if satisfied that such a result is likely, the court shall not order the disclosure, transmittal or examination unless satisfied that to do so is essential in the interests of justice.

Return of clinical record to officer in charge.

26(7)

Where a clinical record is required pursuant to subsection (4), (5) or (6), the clerk of the court in which the clinical record is admitted in evidence or, if not so admitted, the person to whom the clinical record is transmitted shall return the clinical record to the medical officer in charge forthwith after the determination of the matter in issue in respect of which the clinical record was required.

Disclosure in action or proceeding.

26(8)

Except as provided in subsections (4) and (5), no person shall disclose in an action or proceeding in any court or before any body any knowledge or information in respect of a patient obtained in the course of assessing or treating or assisting in assessing or treating the patient in a psychiatric facility or in the course of his employment in the psychiatric facility except,

(a) where the patient has attained the age of majority and is mentally competent, with the consent of the patient;

(b) where the patient has not attained the age of majority or is not mentally competent, with the consent of the Public Trustee where the patient is a ward of the Public Trustee or the consent of the nearest relative of the patient where the patient is not a ward of the Public Trustee.

Rights of patients.

26(9)

The medical officer in charge of a psychiatric facility shall shortly after the admission of a patient to the facility

(a) provide or cause to be provided to the patient a written communication outlining the functions of the board and the manner in which a matter could be referred to the board;

(b) advise the patient of his right to send and receive mail in accordance with section 97; and

(c) cause to be conspicuously displayed in writing in the psychiatric facility, those matters referred to in clauses (a) and (b).

PART II

MENTAL RETARDATES

Establishment of institutions, etc.

27

The Lieutenant Governor in Council may, under this Part,

(a) establish for the reception, diagnosis, training, care, treatment, instruction, employment and maintenance of mental retardates,

(i) institutions or hostels:

(ii) residential or non-residential training schools, workshops or day-centres;

(iii) farm, observation or other hostels or homes;

(iv) receiving centres or places of safety:

(v) clinics for the diagnosis, assessment, care and treatment of mental retardates and counselling of their family; and

(vi) recreation centres;

(b) where deemed necessary, authorize the temporary use of any building as an institution for the admittance, care, or treatment of mental retardates or the removal of retardates thereto;

(c) declare an institution, home, hospital, building or other establishment owned, maintained or operated by any person or agency to be an institution within the meaning of this Part and to have been such an institution on, from, and after, such date as may be stated in the order in council;

(d) authorize the minister, on behalf of the province, to make with any institution, person or agency, a contract under which a mental retardate may receive maintenance, treatment, training, supervision, care, and education or any one or more of those things.

Minister's Board.

28(1)

"The Minister's Board" appointed by the Lieutenant Governor in Council and consisting of not fewer than five or more than 10 persons, who may be paid such honoraria and out-of-pocket expenses as the Lieutenant Governor in Council directs is hereby continued.

Memberships.

28(2)

The membership of the board shall be composed of

(a) two duly qualified medical practitioners;

(b) one member of The Law Society of Manitoba;

(c) at least two persons appointed from the citizens of the province at large, neither of whom shall be a duly qualified medical practitioner or a member of The Law Society of Manitoba.

Ex officio members.

28(3)

In addition to the members mentioned in subsection (2), the Deputy Minister of Health or, in his absence, a person designated by the Deputy Minister of Health shall also be a member of the board.

Chairman.

28(4)

One of the members of the board shall be designated as chairman by the Lieutenant Governor in Council.

Term of office.

28(5)

Unless he sooner resigns or is removed from office, or unless an earlier date of retirement is fixed in the order in council appointing him, each member of the board, other than the Deputy Minister of Health or the person designated by him, shall hold office for a period of three years from the date of his appointment becomes effective and thereafter until his successor is appointed.

Vacancy.

28(6)

Where a member of the board ceases to be a member prior to the expiration of his term of office, a person appointed to fill the vacancy so created, unless he sooner resigns or is removed from office, and unless a shorter period is fixed in the order in council appointing him, shall hold office for the remainder of the term of office of the person in whose place he is appointed and thereafter until his successor is appointed.

Eligibility for re-appointment.

28(7)

A member of the board whose term of office has expired is eligible for re-appointment.

Duties of board.

28(8)

The board shall perform such other duties as are prescribed by this Act or by the Lieutenant Governor in Council.

Quorum.

28(9)

A majority of the members appointed to the board under subsection (1) constitutes a quorum of the board.

Inquiry into management.

29

Where the minister considers it advisable to institute an inquiry into the management of any institution or clinic or into any matter in connection therewith, or into the treatment of any mental retardate therein, he may hold an inquiry or direct the board to hold it, and he or the chairman of the board has the same power to summon officers and other persons to attend as witnesses, to enforce their attendance to administer oaths to the witnesses, and to compel them to produce documents and give evidence as any commissioner appointed for any public inquiry under The Manitoba Evidence Act.

Medical examination.

30

The medical examination of a person alleged to be a mental retardate shall be made by a duly qualified medical practitioner, and shall include the investigation into, and the ascertainment of, such conditions and circumstances as are necessary to determine whether the person is a mental retardate.

Certificate of examination.

31

Every certificate of examination to be acted upon under this Part shall be in a form satisfactory to the minister, and shall state whether or not the medical practitioner signing it is satisfied that the person to whom it relates is a mental retardate.

Making of order by director.

32(1)

The director may, upon the application of the parent or guardian of a mental retardate, in a form prescribed by the minister or with the consent of the parent or guardian of the mental retardate, make an order placing the mental retardate in an institution or under supervision upon such terms and conditions as he considers fit.

Certificate of examination required.

32(2)

Subject to subsection (3), a mental retardate shall not be placed in an institution or under supervision except upon the certificate of examination of two duly qualified medical practitioners or upon the certificate of a psychiatrist.

Exception.

32(3)

Where, in the opinion of the director, it is desirable to place a person alleged to be a mental retardate in an institution or under supervision for the purpose of making an examination to determine whether he is a mental retardate, and it is not convenient to obtain any of the certificates mentioned in subsection (2), the director, upon receipt by him of a certificate from two duly qualified medical practitioners stating that in their opinion the person should be examined for the purpose, may place the person in an institution or under supervision for a period not exceeding 14 days; and he shall cause the person to be so examined during that period by a psychiatrist who shall thereafter furnish the director with a certificate stating his opinion of the mental condition of the person.

Order obtained on application.

33(1)

A mental retardate may be placed in an institution or under a custodian by order of a provincial judge upon the application of

(a) a relative, guardian or friend of the alleged mental retardate; or

(b) a duly qualified medical practitioner; or

(c) the Executive Director of Social Services; or

(d) the director.

Material required to obtain court order.

33(2)

Every application shall be accompanied by the certificate of examination of at least one duly qualified medical practitioner stating

(a) that the person to whom the application relates is a mental retardate within the meaning of this Part; and

(b) whether or not an application under this Part has previously been presented concerning that person, and, if so, the date thereof and the result of the proceedings thereon.

Affidavit

33(3)

Where it is not practicable for a mental retardate to be examined by a duly qualified medical practitioner, the application shall be accompanied by an affidavit of the applicant stating that the examination of the mental retardate is impracticable and the reasons or circumstances which render it impracticable.

Material where application not by a relative.

33(4)

Where the application is not presented by a relative of the mental retardate, it shall contain a statement of the reasons why the application is not presented by a relative, and of the connection of the applicant with the person to whom the application relates and the circumstances under which he presents the application.

Provincial judge may require attendance of mental retardate.

34(1)

Upon the hearing of an application, the provincial judge may require the person to whom the application relates to be brought or summoned before him or may visit or appoint some other person to visit the person.

Private hearing of application in certain cases.

34(2)

The hearing may, if deemed advisable by the provincial judge, be conducted in private; and in that case, no one except the applicant, the person to whom the application relates, his parent or guardian and any two persons appointed by the person to whom the application relates or by his parent or guardian, the duly qualified medical practitioners giving the certificates, the director, and the persons called to give evidence on the hearing, shall, without the leave of the provincial judge, be allowed to be present.

Disposition of application by the provincial judge.

34(3)

Subject to subsection (4), where the provincial judge is satisfied that the person to whom the application relates is a mental retardate, he may, if he deems it in the interest of the person or the public to do so, make an order, either ordering the person to be sent to an institution for mental retardates or appointing a suitable person to be his custodian.

Where consent of parents required.

34(4)

Where the application is not presented by the parent or guardian, the order shall not be made without the consent in writing of the parent or guardian unless it is proved to the satisfaction of the provincial judge

(a) that the consent is unreasonably withheld: or (b) that the parent or guardian cannot be found: or

(c) that the person to whom the application relates has no parent living and no guardian: or(d) that by reason of the parent or guardian being out of the province any attempt to obtain his consent would result in undue delay in dealing with the application.

Provincial judge may adjourn hearing.

34(5)

Where the provincial judge is not satisfied that the person to whom the application relates is a mental retardate and subject to be dealt with under this Part or that it is in the interests of the person or the public that an order be made, he may, if he thinks fit, adjourn the case for further evidence or information and may order or require that the person to whom the application relates submit himself to such further medical examination as the provincial judge directs; or he may dismiss the application.

Variation of orders.

35(1)

Where an order has been made that a mental retardate be placed under a custodian, a provincial judge may, on the application of the person appointed custodian, and on being satisfied that the mental retardate is, or has become, unsuitable for custodianship, order that the mental retardate be sent to an institution.

Custodian.

35(2)

Where an order has been made that a mental retardate be sent to an institution, a provincial judge may, upon an application made by a duly qualified medical practitioner, order the mental retardate to be placed under a custodian.

Custodian removed from office.

35(3)

A person appointed to be custodian of a mental retardate may, on the application of any person who appears to be interested, be removed from his office by a provincial judge: and where the person so appointed dies or resigns his office or is removed from the office, a provincial judge may, on a like application, appoint a suitable person to act in his stead.

Parents to be notified.

35(4)

An order under this section shall not be made without giving, where practicable, the original applicant and the parent or guardian of the mental retardate, if any, an opportunity of being heard.

PROCEEDINGS RESPECTING IMPRISONED MENTAL RETARDATES

Transfer of mental retardates from place of imprisonment to institution.

36

The director, upon evidence satisfactory to him that a person imprisoned for an offence in any prison or place of detention, other than a penitentiary, or held in safe custody and charged with an offence against any law that is in force in the province, is a mental retardate, may order the removal of the person to an institution; and the person so removed shall remain there until he is fit to be returned to prison, if he is then liable to be returned thereto, or, if otherwise, that he be discharged.

Order to provide for conveyance and reception of mental retardate.

37(1)

A judicial order that a mental retardate be sent to an institution authorizes the conveyance of that person to, and his reception in, the institution mentioned in the order within a time to be mentioned in the order; and the person shall be detained in the institution until otherwise ordered by a provincial judge or until removed or discharged therefrom under this Part.

Powers of custodian appointed.

37(2)

A judicial order that a mental retardate be placed under custodianship confers on the person named in the order as custodian such powers as would be exercisable by that person if the person were a parent of the mental retardate and the mental retardate were a child; and the custodianship shall continue until otherwise ordered by a provincial judge or until the custodian appointed dies or is removed or discharged from his duties under this Part.

Dealing with mental retardate by provincial judge.

38(1)

Where a mental retardate has been placed in an institution for mental retardates or under custodianship by order of a provincial judge, on the application of the original applicant, a parent or guardian of the mental retardate, the director, the medical officer in charge of the institution, or the person appointed custodian, or of a person appointed by any of them for the purpose, a provincial judge, on being satisfied that the interests of the mental retardate and of the public require it, may, in his discretion, by order,

(a) discharge the retardate from the institution or from custodianship, either conditionally or unconditionally; or

(b) direct that the retardate be granted leave on parole for such period of time as it considers reasonable; or

(c) otherwise deal with the retardate as he sees fit.

Rescinding orders.

38(2)

An order made by a provincial judge under subsection (1) may, upon application by a person mentioned in that subsection, be rescinded by a provincial judge; and a provincial judge may order that the mental retardate be retaken and again placed in an institution or under custodianship.

Notice.

38(3)

The provincial judge may require notice of the application under subsection (1) or (2) to be given to the director, the medical officer in charge of the institution, the person appointed custodian, the parent or guardian of the mental retardate, if known, or to such of them or such other person as he deems advisable, and the persons so notified shall be entitled to be heard on the application.

Discharge by director.

39(1)

Where a mental retardate is placed in an institution or under supervision by the director, he may, at any time, where he considers it to be in the interests of the mental retardate or the public,

(a) direct that the mental retardate be discharged from the institution, either conditionally or unconditionally; or

(b) direct that the mental retardate be granted temporary leave for such period of time as he considers reasonable; or

(c) otherwise deal with the mental retardate as he sees fit.

Director may rescind order.

39(2)

An order made by the director under subsection (1) may be rescinded by him; and he may, by further order, direct that the mental retardate be retaken and again placed in an institution or under supervision.

Notice.

39(3)

No order shall be made by the director under this section unless he gives written notice to the parent or guardian of the mental retardate, if known, or to such other person as he deems advisable of his intended action; and the persons so notified are entitled to be heard by the director.

Application by parent or guardian.

40(1)

Notwithstanding section 39, the parent or guardian of a mental retardate who has been placed in an institution or under supervision by the director may apply to the director requesting that the mental retardate be discharged from the institution or from supervision; and the director may grant the application under such terms and conditions as he may prescribe.

Appeal to board.

40(2)

Where the director refuses an application under subsection (1), the applicant may appeal the decision to the board; and the board may conduct such investigations, make such inquiries and hear such persons as it sees fit and make such order as under the circumstances seems reasonable.

Limitation on further application.

40(3)

Where an application under subsection (2) is disallowed by the board, no further application shall be made by the applicant to the director or the board until after the expiration of six months from the date of the order under subsection (2).

Order for removal.

40(4)

Notwithstanding section 39, the director may require the parent or guardian of a mental retardate who has been placed in an institution or under supervision by the director to remove the mental retardate from the institution or from supervision under such terms as he may prescribe.

Appeal of order.

40(5)

Where a parent or guardian is not satisfied with an order of the director made under subsection (4), he may appeal the order to the board, and the board may conduct such investigations, make such inquiries and hear such persons as it sees fit and make such orders as under the circumstances seem reasonable to the board.

Person having supervision may.

41(1)

A person given the supervision of a mental retardate by an order of the director may by giving to the director one month's notice of his intention to do so, give up his supervision of the mental retardate; and the director may thereupon order the mental retardate to be placed in an institution or under supervision of some other person.

Notice.

41(2)

An order by the director under subsection (1) shall be made only after he gives reasonable notice to the parent or guardian of the mental retardate.

Regulations.

42

The Lieutenant Governor in Council may make regulations under this Part

(a) respecting the release on probation, under supervision, or otherwise, of any mental retardate in an institution or under supervision: and

(b) providing for the transfer of persons in institutions to psychiatric facilities.

Release by director of mental retardate not requiring care.

43(1)

Where the director has, under this Part, determined that a person is a mental retardate, if he also finds that it is not necessary for the safety or welfare of the mental retardate or of the public that the mental retardate be placed in an institution or under supervision, the director may give a certificate in writing to that effect.

Release by provincial judge of mental retardate not requiring care.

43(2)

Where a provincial judge has, under this Part, determined that a person is a mental retardate, if he also finds that it is not necessary for the safety or welfare of the mental retardate or of the public that the mental retardate be placed in an institution or under a custodian, he may make a declaration in writing to that effect signed by him and release the mental retardate.

Police officers to detain indigent and neglected mental retardates.

44

Where a police officer or probation officer finds

(a) a child under the age of 18 years in circumstances which in his opinion render the child a child in need of protection under The Child and Family Services Act; or

(b) a person over that age neglected, abandoned, or without visible means of support, or cruelly treated; and he has reasonable grounds to believe the child or person is a mental retardate and liable to be dealt with under this Part, he may take the child or person to a place of safety and the child or person may be detained there until an application under this Part can be presented.

Justice may arrest neglected mental retardates.

45(1)

Where it appears to a justice on information furnished him that any person is a mental retardate and liable to be dealt with under this Part, he may issue a warrant commanding a police officer or person named in the warrant to search for and apprehend the person; and if the person is found to be neglected or cruelly treated and is apparently a mental retardate, to place him in a place of safety until an application can be presented under this Part.

Warrant authorizes entry.

45(2)

For the purpose of apprehending a person under subsection (1), the police officer or other person named in the warrant may use such force as is necessary to enter any building or place specified in the warrant, and to remove the person therefrom.

Rates of maintenance.

46

The Lieutenant Governor in Council may fix the rates to be charged for the apprehension, custody, conveyance, care, maintenance, and discharge, of mental retardates, and may prescribe rates for the burying of mental retardates dying in an institution or under custodianship or under supervision; and until so fixed the minister may prescribe those rates.

Minister may make an agreement for maintenance.

47(1)

The minister may make an agreement with any person for the payment of maintenance expenses of a mental retardate, and he may make such arrangements as he deems necessary for the payment thereof out of the estate of the mental retardate or by the person legally liable therefor.

Estate of mental retardates.

47(2)

The Public Trustee shall administer the estate of a mental retardate as provided in Part IV.

Order for maintenance of mental retardates.

48(1)

Where an order that a mental retardate be placed in an institution or under custodianship is made under this Part, the provincial judge who made the order may, on the hearing of the application or later on the application of the Public Trustee, order the mental retardate, or other person liable to maintain him or in possession of property of the mental retardate, to contribute and pay to the Public Trustee such sums towards

(a) the cost of proceedings:

(b) the cost of transfer, maintenance, medical treatment, and discharge, of the mental retardate; and

(c) in case of the death of the mental retardate in the institution or under custodianship, the cost of the funeral expenses: as having regard to the ability to pay of the person liable to contribute, seems reasonable.

Revocation of order.

48(2)

An order to contribute under subsection (1) may at any time, on application be varied or revoked by a provincial judge.

Filing of order in Queen's Bench.

48(3)

A certified copy of the order of a provincial judge under this section may be filed in the Court of Queen's Bench; and it thereupon becomes a judgment of that court and may be enforced accordingly.

Order for maintenance, etc., of retardate by director.

48(4)

Where the director makes an order under this Part placing a mental retardate in an institution or under supervision, he may also, either at the time of making of the order or later on the application of the Public Trustee, order that the mental retardate or other person liable to maintain him, contribute and pay to the Public Trustee such sums as are provided for in subsection (1), having regard to the ability of the person liable to contribute.

Liability of parent for maintenance.

49

Where, in other proceedings, an order for the maintenance of a mental retardate has been made against either parent of the mental retardate, a judge of the Provincial Court shall not, unless in the special circumstances of the case the judge deems it desirable, make an order for contribution against the parent, but may order that some or all of the payments accruing due under the previous order of maintenance be made to the Public Trustee to be applied towards the maintenance of the mental retardate.

Maintenance of certain persons.

50

A prisoner confined in a penitentiary may be refused admission in an institution unless the expense of his maintenance and any other charges incurred by reason thereof are guaranteed by the minister having the control and supervision of that part of the public service of Canada administering the medical care and hospitalization of prisoners confined in penitentiaries.

Refusal by person having custody of prisoner.

51

A person in whose custody or under whose supervision a prisoner confined in a penitentiary is placed under this Part, may refuse to accept custody or supervision of the prisoner unless the expense of his maintenance and any other charges incurred by reason thereof are guaranteed by the minister having control and supervision of that part of the public service of Canada administering the medical care and hospitalization of prisoners confined in penitentiaries. Terms of admission of non-resident mental retardates.

52(1) The Lieutenant Governor in Council may make rules under which mental retardates from another province, or from the territories of Canada, may be received into an institution or placed under custodianship or supervision upon such terms as are agreed upon with the government of that other province or of Canada, and a person so received is subject to this Part in the same manner as if the person were a resident of Manitoba committed under this Part.

Minister may return non-resident retardate.

52(2)

Upon it appearing to the minister that any person in an institution or under custodianship or under supervision came, or was brought to Manitoba, from another province or country within one year prior to his admission to the institution or to his being placed under a custodian or under supervision, the minister may authorize the removal of that person back to the province or country from which he came or was brought, and the cost thereof may be paid out of the Consolidated Fund.

Officials of institutions to be peace officers.

53(1)

For the purpose of carrying out the provisions of this Part, the medical officer in charge, officers, and employees, of an institution possess all the powers and authority of peace officers and constables, and, without limiting the generality of the foregoing and in addition thereto, may summarily arrest any person within the institution or the grounds thereof, who violates any of the provisions of this Part or the rules and regulations of the institution, or any vagrant or idle person who refuses, on being requested to do so, to leave the premises, and may take any such person before a justice to be dealt with according to law.

Director to have powers of a provincial judge.

53(2)

The director has, and may exercise, the powers of a provincial judge for the purpose of enforcing any of the provisions of this Part.

Arrest of escaped retardate without a warrant.

54

Where a mental retardate placed in an institution under custodianship or under supervision or absent therefrom on parole escapes, he may be apprehended and brought back to the institution without a warrant by a police officer or by the medical officer in charge of the institution or by any person authorized to do so by the medical officer in charge or the director.

Visits to retardate.

55

The director or medical officer in charge may refuse to permit any person to visit the mental retardate if he considers it would be detrimental to the mental retardate to permit the visit. PART III

COMMITTEES OF MENTALLY DISORDERED PERSONS

Jurisdiction of court.

56

The court may, upon an application made for the purpose, make an order

(a) declaring a person to be mentally disordered;

(b) committing to custody a mentally disordered person;

(c) providing for the custody and management of the estate of a mentally disordered person.

Effective date of order.

57

Except an order or that part of an order relating to the custody and management of the estate of a mentally disordered person in respect of which security is required, an order made under section 56 takes effect immediately; but an order or that part of an order made under section 56 relating to the custody and management of the estate of a mentally disordered person in respect of which security is required does not take effect until the security is provided in accordance with the order.

Service.

58

The person in respect of whom an application is made under section 56 shall, at least 10 days before the date fixed by the court for the hearing of the application, be served by the applicant with a true copy of the application.

Examination by physician.

59

The court may, before making an order under section 56, by order require the person alleged to be mentally disordered to attend and submit to examination by a duly qualified medical practitioner or psychiatrist at such time and place as the court directs.

Court may appoint new or additional committee.

60

The court may, for good cause shown, make an order appointing a committee either in substitution for or in addition to any existing committee.

Powers of judge in chambers.

61

The powers by this Part conferred upon the court may be exercised by a judge in chambers.

Power of master.

62

The court may delegate to a local judge, the master or a local master, all or any of the powers of the court under this Part, except the making of a declaration that a person is mentally disordered.

Costs.

63

The court may order the costs, charges, and expenses of and incidental to proceedings under this Part, whether in or out of court, to be paid by any party to the proceedings, or out of the estate of the mentally disordered person or the person alleged to be mentally disordered, or partly in one way and partly in another.

SUPERSEDING DECLARATION OF MENTAL DISORDER

Application to supersede declaration of mental disorder.

64(1)

Upon application, at any time after the expiration of one year from the date of the order by which a person has been declared to be mentally disordered, or sooner by leave, the court, if satisfied that the person has recovered from his mental disorder and is capable of managing his own affairs, may make an order so declaring, or, if not so satisfied, may direct an issue to try the question of whether the person has recovered from his mental disorder, and thereupon may make such order as the court deems proper.

Sec. 59 applies.

64(2)

Section 59 applies where an issue has been directed to be tried under subsection (1).

COMMITTEES OF ESTATES

OF MENTALLY DISORDERED PERSONS

Committee to take custody of property.

65(1)

The committee of the estate of a mentally disordered person shall take into his custody or under his control all property to which the mentally disordered person is entitled or of which he is possessed, and collect in and receive debts owing to him.

Vesting property in committee.

65(2)

To facilitate the administration, the court may, in its discretion, by order, vest any of the property of a mentally disordered person in the committee or appoint some person to transfer it to the committee, or as the court directs.

Provisions to be observed.

66(1)

Where a committee of the estate of a mentally disordered person has been appointed, unless the court by order modifies, alters, or dispenses therewith or with some part thereof, or this or some other Act otherwise provides, the following provisions shall in every case be observed:

(a) The committee shall, within six months after being appointed, file in the office of such officer as is appointed for that purpose, a true inventory of the whole estate of the mentally disordered person, stating the income and profits thereof, and setting forth his debts, credits and effects, so far as they have come to the knowledge of the committee.

(b) Where any property belonging to the estate is discovered after the filing of an inventory, the committee shall file a true account of it, as it is discovered.

(c) Every inventory and account shall be verified by the oath of the committee or of some person in a position to verify them.

(d) The committee shall give security, with two or more sureties, in an amount double the value of the personal estate, and of the annual rents and profits of the real estate, for duly accounting therefor at such intervals as the court directs, for filing the inventory and for the payment into court of the balances in his hands upon such accounting, forthwith after it has been ascertained, or otherwise as the court directs.

(e) The security shall be taken by bond in the name of the registrar of the court and his successors in office or assigns, and shall be filed with the court.

Passing accounts.

66(2)

A creditor or a relative of a mentally disordered person may, but not oftener than once in each year, apply to the court by motion in chambers for an order that the committee bring in and pass his accounts, file the inventory, and for the payment into court of the balances in his hands or otherwise as the court directs.

MANAGEMENT AND ADMINISTRATION

Maintenance.

67

The powers conferred by this Act as to the management and administration of the estate of a mentally disordered person are exercisable, in the discretion of the court, for his maintenance or benefit and that of any person dependent upon him, or, where it appears to be expedient, in the due course of management of the estate.

Power to raise money.

68(1)

The court may, subject to the rights of secured creditors, order that any property of a mentally disordered person be dealt with as is deemed most expedient for the purpose of raising, securing, or repaying, with or without interest, money which is to be, or has been, applied to

(a) payment of debts or engagements: or

(b) discharge of an encumbrance on his property: or

(c) payment of a debt or expenditure incurred for his maintenance and that of any person dependent upon him or otherwise for his or their benefit: or

(d) payment of, or provision for, the expenses of his future maintenance and that of persons dependent upon him or any of them; or

(e) the improvement, security or advantage of his property.

Charging for future maintenance.

68(2)

In the case of a charge or mortgage for the expenses of future maintenance, the court may direct it to be payable, either contingently, if the interest charged is contingent or future, or upon the happening of the event, if the interest is dependent on an event which must happen, and either in a gross sum or in annual or other periodical sums, and at such times, and in such manner, as is deemed expedient.

Powers of committee under order of court.

69

The court may, by order, on such terms and conditions as it deems just, authorize and direct the committee of the estate of a mentally disordered person to do all or any of the following things:

(a) Sell any property in the estate and accept mortgages back on the property as part or all of the purchase price.

(b) Make exchange or partition of any property in the estate, and give or receive money for equality of exchanging or partition.

(c) Carry on any trade or business carried on by the mentally disordered person.

(d) Grant leases of any property in the estate.

(e) Surrender a lease, with or without accepting a new lease, or accept a surrender of a lease.

(f) With or without consideration, surrender, transfer or otherwise dispose of onerous property in the estate.

(g) Exercise a power or give a consent required for the exercise of a power vested in mentally disordered person.

(h) Exercise a right or obligation to elect, belonging to or imposed upon the mentally disordered person.

(i) Compromise and settle a debt owing to or by the mentally disordered person.

Powers of committee without application to court.

70

The committee of the estate of a mentally disordered person may, without obtaining the authority or direction of the court,

(a) make valid and binding leases of real property in the estate for any term not exceeding three years;

(b) pay periodically, as may be required, a reasonable amount for maintenance of the mentally disordered person;

(c) invest any money in the estate in securities in which trustees are authorized to invest trust money under The Trustee Act;

(d) pending the investment of any money in the estate, deposit it, during such time as may be reasonable in the circumstances

(i) in any bank, trust company or credit union, or

(ii) in any other corporation empowered under the law of the province to accept moneys for deposit and that has been approved for that purpose by the Lieutenant Governor in Council, or

(iii) where the committee is the public trustee with the Minister of Finance;

(e) transfer property held in trust by the mentally disordered person, either solely or jointly with another, to the person beneficially entitled thereto;

(f) give a consent to the transfer or assignment of a lease where the consent of the mentally disordered person to the transfer or assignment is required;

(g) perform a contract entered into by the mentally disordered person before he became mentally disordered;

(h) draw, accept, and endorse bills of exchange and promissory notes, endorse bonds, debentures, coupons and other negotiable instruments and securities, and assign choses in action; and

(i) on behalf of the mentally disordered person give or receive a notice.

Keeping of separate accounts.

71(1)

Where a committee, other than the Public Trustee or a trust company registered and entitled to transact business in Manitoba, pursuant to sub-clause 70(d)(i) or (ii), deposits any money in an estate, he shall open and keep a separate account in his name in the bank or other depositary for each estate for which money so deposited is held.

Keeping of single account.

71(2)

Where the committee of the estate of a mentally disordered person is the Public Trustee or is a trust company registered and entitled to transact business in Manitoba, the committee may. pending the investment of moneys in estates held by him or it, deposit those moneys in a single account in his or its name in a bank or other depositary as stated in sub-clauses 70(d)(i) or (ii); and in the case of the Public Trustee he may also deposit those moneys in a single account with the Minister of Finance.

Power to carry orders into effect.

72(1)

The committee, or such person as the court approves, may, in the name, and on behalf, of a mentally disordered person, execute and do all such assurances and things as are necessary for giving effect to any order made under, or to any authority given under this Part.

Receipt by committee of portions of estate in hands of third party.

72(2)

Where any portion of an estate which is under administration by a committee is in the possession of another person, the committee's acknowledgment of receipt thereof, or of the documents or other evidence of title thereto, is a sufficient discharge and release to the other person, without proof that, or inquiry whether, the person whose estate is being dealt with is, or has been found or declared to be, mentally disordered.

PROVISIONS FOR TEMPORARY MENTAL DISORDER

Provisions for maintenance.

73(1)

Where it appears to the court that the mental disorder of a person is in its nature temporary, and that it is expedient to make temporary provision for his maintenance and that of persons dependent upon him or any of them, and that money is readily available, the court may, instead of appointing a committee, allow out of the available money such amount as it deems proper for the maintenance and direct payment thereof, to such person as it appoints, to be applied to that purpose.

Account to be made.

73(2)

The recipient of money allowed by virtue of an order under this section shall account for it when and as the court directs.

FOREIGN MENTALLY DISORDERED PERSONS

Property of person out of jurisdiction.

74

When property stands in the name of, or is vested in, a person residing out of the province, the court, upon proof that he has been declared or found to be mentally disordered and that his property has been committed to a person appointed to manage it, may order some person to make such transfer of the property or of a part thereof to the person so appointed as the court directs.

Money in court.

75

Where there is money in court to the credit of a person who has been found, or declared, or who is alleged to be, mentally disordered and he is resident in the United Kingdom, or in any part of Canada outside the province, the court may, upon production of the order of a court exercising jurisdiction where the person is resident authorizing another person to receive it, make an order for payment of the money to the person so authorized.

Estates of persons incapable of managing their affairs.

76(1)

The court may, upon an application made for the purpose, and after hearing the evidence adduced before it, without declaring a person to be mentally disordered, make an order declaring a person to be incapable of managing his affairs by reason of mental infirmity arising from disease, age, habitual drunkenness, the use of drugs or other cause, and appoint a person to be the committee of the estate of the person declared to be incapable of managing his affairs.

Exercise of powers of committee.

76(2)

Such of the powers as are exercisable by the committee of an estate under this Part are exercisable by the person appointed under subsection (1), in such manner, and with or without security, as the court directs; and the order may confer upon the person therein named authority to do any specified act or exercise any specified power, or may confer a general authority to exercise, on behalf of the person to whom the order relates, until further order, all or any such powers without further application to the court.

Estate of $2, 000. or under.

77

Where it appears to the Court of Queen's Bench that a person is, through mental infirmity arising from disease, age, habitual drunkenness, the use of drugs, or other cause, incapable of managing his affairs, and that the value of his personal estate or money payable to him under or by virtue of a contract of insurance does not exceed the sum of $2, 000., the court may, although there has been no declaration that the person is mentally disordered, authorize and direct a person in possession or control of the estate of money to dispose thereof in such manner, and to such extent, as the court deems proper, and the person so directed has and may exercise all the rights and powers with regard thereto that the person incapable of handling his affairs would have, or could, exercise if he were capable of managing his affairs.

Costs.

78

The court may order costs of, and incidental to, an application under section 74, 75, 76, or 77 to be paid by the applicant or out of the estate or money so dealt with.

Service on Public Trustee.

79

No application under section 56 or 60 or subsection 76(1) shall be heard by the court, unless the Public Trustee is served with a copy of the notice of the application at least 10 days prior to the date fixed for the hearing thereof; and upon being served, the Public Trustee has a right to be heard with respect to the application.

PART IV

ADMINISTRATION OF ESTATES OF MENTALLY DISORDERED PERSONS

Public Trustee to act as committee.

80(1)

Where

(a) a person is declared under section 76 to be incapable of managing his affairs; or

(b) a person is detained as a patient in a psychiatric facility; or

(c) a patient is on probation or leave from a psychiatric facility; or

(d) a person or patient is placed under supervision or custody under this Act; or

(e) upon request of the medical officer in charge of the facility in which a person is a patient; and the patient has no committee, the estate of the patient shall be administered by the Public Trustee, in which case, the Public Trustee is the committee of the estate and the person or the patient.

Public Trustee to act upon request of director or medical officer.

80(2)

Notwithstanding clause (l)(d), the Public Trustee shall not act as committee of the estate and the person of a patient or person who is placed under supervision unless the director or medical officer in charge in writing requests the Public Trustee to act as committee.

Commencement of authority.

80(3)

Unless the director or the medical officer in charge of the psychiatric facility in which the mentally disordered person is a patient requests the Public Trustee to commence administering the estate of the mentally disordered person, the authority of the Public Trustee to administer the estate of a mentally disordered person admitted to a psychiatric facility under Part I, or to act as a committee of the estate of the mentally disordered person, does not come into force

(a) if the mentally disordered person is in the psychiatric facility as a non-compulsory patient; or

(b) if the mentally disordered person is in the psychiatric facility as a compulsory patient, not sooner than 21 days after the day he is admitted to the psychiatric facility as a compulsory patient; but where the director or the medical officer in charge of the psychiatric facility in which the mentally disordered person is a patient requests

the Public Trustee in writing to commence administering the estate of a non-compulsory patient or a compulsory patient sooner than 21 days after the day he is admitted to the psychiatric facility, the authority comes into force on the day he receives the request.

Authority of Public Trustee extends after escape.

80(4)

The authority of the Public Trustee continues with respect to a mentally disordered person who has escaped from a psychiatric facility or from supervision or custodianship after his escape and until the mentally disordered person is completely discharged.

Security by Public Trustee not necessary.

81

Notwithstanding any rule or practice, or the provisions of any Act requiring security, it is not necessary for the Public Trustee to give security for the due performance of his duty as committee, or trustee, or in any other office to which he is appointed by order of a court or under this Act or any other Act of the Legislature. POWERS AND DUTIES OF PUBLIC TRUSTEE

Powers of Public Trustee.

82(1)

The Public Trustee, while acting as committee of the person or estate of a mentally disordered person, has all the powers of such a committee appointed by the court, including the powers that, under section 69, the committee of the estate of a mentally disordered person may be authorized to exercise, and the powers given to such a committee by section 70.

Powers of Public Trustee on death of mentally disordered person.

82(2)

Where the Public Trustee enters into a contract on behalf of a mentally disordered person while the latter is detained in a psychiatric facility or on probation therefrom, or under custody or supervision, the contract is binding on that person after his complete discharge from a psychiatric facility, or in the event of his death, upon his heirs, executors or administrators, in the same manner and to the same extent, as if he himself had made it; and if the person fails to carry out his obligations thereunder after his discharge, or he is dead and there is no executor or administrator appointed to carry out the obligations thereunder, or the executor or administrator fails to carry them out, the Public Trustee may do so in the same manner and to the same extent as he might have done as the committee of that person as if the person remained in detention or was still alive.

Conveyance of title by Public Trustee.

82(3)

Where a sale of land is made by the Public Trustee while the owner thereof is detained in a psychiatric facility or on probation, or under custody or supervision, the Public Trustee may convey title, notwithstanding that the owner is discharged or has died before a conveyance or transfer of the land so sold has been executed or registered.

Recital as evidence of facts.

82(4)

Where the Public Trustee executes a conveyance of land after the death of the registered owner in accordance with subsection (2) a recital in the conveyance that the land was sold while the owner was a mentally disordered person detained in a psychiatric facility or on probation or under custody or supervision, is evidence of the facts recited.

Conveyance deemed to be executed during lifetime.

82(5)

For the purpose of registration in any registry of land titles office, a conveyance pursuant to this section shall be deemed to have been executed during the lifetime of the mentally disordered person.

Public Trustee as administrator.

82(6)

Where a mentally disordered person's estate is administered by the Public Trustee and that person was, prior to the appointment of the Public Trustee as his committee the executor or administrator of the estate of a deceased person, the Public Trustee is deemed to be the executor or administrator, as the case may be, of that estate in lieu of the mentally disordered person, unless another executor or administrator is appointed by the Court.

Order of judge.

82(7)

Where the Public Trustee is deemed to be the executor or administrator of the estate of a deceased person under subsection (6), a judge of the Court of Queen's Bench may, upon the application of the Public Trustee, make an order naming the Public Trustee as the executor or administrator, as the case may be, of that estate.

Limited powers of Public Trustee on death of mentally disordered person.

82(8)

Where the estate of a mentally disordered person is administered by the Public Trustee and that person dies, until probate of the will or letters of administration of the estate of the person are granted and notice thereof is served on the Public Trustee, the Public Trustee has the powers of an executor under the last will and testament of, or the administrator of the estate of, the mentally disordered person for the purpose of paying the just debts and funeral expenses of the deceased person and to gather in the assets of the estate of the deceased person and in addition the Public Trustee may commence and maintain legal proceedings on behalf of the estate of the mentally disordered person.

Recital in documents of Public Trustee as evidence.

83

A recital in a lease, mortgage, conveyance or other document that a mentally disordered person is confined to a psychiatric facility, or an institution, or is under supervision or custodianship, and that the Public Trustee is his committee, is evidence of the facts recited.

Public Trustee's liability to account.

84(1)

The Public Trustee is liable to render an account of his administration of an estate in the same manner as a committee appointed by the court.

Losses, how to be made good.

84(2)

All sums required to discharge any liability for a loss which the Public Trustee, if he were a private committee would be personally liable to discharge, shall be made good out of the Consolidated Fund; but neither the Public Trustee nor any of his officers, nor the Consolidated Fund is liable for a loss which would not have been imposed upon a private committee.

Disposal of unclaimed money held by Public Trustee.

85(1)

Money that has remained in the possession or control of the Public Trustee for six years, there being, in his opinion, no person entitled thereto, shall be paid over to the Minister of Finance to be accounted for as part of the Consolidated Fund.

Payment over of money claimed.

85(2)

The Minister of Finance, upon a person claiming to be entitled to money so paid over, and upon being satisfied as to the claimant's right, shall, if authorized by an order of the Lieutenant Governor in Council, pay the money to the claimant, with such interest thereon as is specified in the order in council.

Regulations.

86(1)

The Lieutenant Governor in Council may make regulations under this Part,

(a) for allowing interest on the moneys of estates when in the hands of the Public Trustee;

(b) for allocation by the Public Trustee of interest among estates where moneys in two or more estates have been deposited by him pursuant to subsection 71(2) and clause 70(d); and

(c) generally for any matter connected with the duties of the Public Trustee.

Allowance to Public Trustee.

86(2)

The Public Trustee is entitled for the administration of the estates of mentally disordered persons, to such fair and reasonable allowance as may be allowed under The Trustee Act.

Fees to go to Cons. Fund.

86(3)

All fees received by the Public Trustee not paid out in expenses in connection with an estate form part of the Consolidated Fund.

ADMINISTRATION AFTER DEATH

Public Trustee to continue as administrator.

87(1)

Where a mentally disordered person, whose estate the Public Trustee is administering dies, and the estate does not exceed in value the sum of $1, 000. after payment of any liability to the government, the Public Trustee may retain possession of the estate, and the Public Trustee has with respect to that estate all the powers and duties of an administrator of the estate of a deceased person appointed under The Court of Queen's Bench Surrogate Practice Act.

Registrar of Q. B. to be notified.

87(2)

Where, under subsection (1), the Public Trustee retains possession of the estate of a mentally disordered person, he shall forthwith file with the Registrar of the Court of Queen's Bench a notice that he has retained possession of and is administering the estate of the deceased person and the Registrar shall file a copy of the notice among his records without fee.

Power of Public Trustee over estate of value not exceeding $500.

88

Where a mentally disordered person admitted to a psychiatric facility or institution or under supervision or custodianship dies possessed of personal property not exceeding $500. in value, and where no probate of his will or letters of administration of his estate have been granted in the province, the Public Trustee without obtaining any order or authority from a court or from the Lieutenant Governor in Council or otherwise, may, out of the personal property give or distribute, in his discretion, wearing apparel and articles of personal use or ornaments to or among one or more of the family and relatives of the deceased, and may sell personal property not so dealt with and apply the proceeds towards payment of amounts due, or debts incurred for the maintenance or burial of the deceased. NON-RESIDENT MENTALLY DISORDERED PERSONS

Administration of estates of persons detained in other provinces.

89(1)

Where a mentally disordered person in another province or territory of Canada has estate in Manitoba, the Lieutenant Governor in Council may appoint an official of the other province or territory, who is charged with the duty of managing, handling, administering, or caring for, the estate of the mentally disordered person therein, to be committee of his estate in Manitoba; and the order in council making the appointment is conclusive proof that all the conditions precedent to the appointment have been fulfilled.

Power of person appointed.

89(2)

The appointee under an order in council issued under subsection (1) possesses the same rights, powers, privileges and immunities, as are conferred by this Act upon the Public Trustee; and he is subject to the same obligations, and shall perform the same duties; and this Act applies to him, with such modifications as the circumstances require, in the same manner as to the Public Trustee.

Effect of order in council.

89(3)

All courts, court officials and registrars of registration divisions and district registrars of land titles offices are bound by the order in council appointing the official.

AUDIT

Annual audit and report.

90(1)

The Provincial Auditor shall make an annual audit of the books, accounts and vouchers of the Public Trustee in connection with each estate under his administration.

Minister of Finance to lay accounts before Legislature.

90(2)

The Minister of Finance shall lay before the Legislature, within 15 days of the opening of the session in each year, the report of the auditor upon the Public Trustee's accounts.

Payment for audit charged to estates.

90(3)

The Public Trustee shall pay the Minister of Finance, for the audit of his accounts, such fees as are determined by the Lieutenant Governor in Council, and may be allowed a proportionate part of the fees so paid as expenses necessarily incurred on behalf of the estates under his administration.

PART V

GENERAL

Appointment of staff and remuneration.

91

A Director of Psychiatric Services, medical officers in charge of hospitals and institutions and such other officers and employees as may be required for the proper administration of this Act may be appointed as provided in The Civil Service Act.

Consolidated Fund.

92

Moneys required to be expended for the purposes and objects of this Act shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for such purposes.

Reports.

93(1)

On or before January 15 in each year, the medical officer in charge of a psychiatric facility or institution shall submit to the Minister of Health, on a form prescribed in the regulations, a report for the year ending on December 31 immediately preceding, showing the movement of mentally disordered persons during that year at the psychiatric facility or institution and containing such other information concerning the detention, care and treatment of mentally disordered persons or concerning the operation of the psychiatric facility or institution, as the minister may require.

Report regarding fiscal year.

93(2)

Within four months after the end of each fiscal year of the government, the medical officer in charge of a psychiatric facility or institution shall furnish to the Minister of Health a report with respect to that fiscal year, showing the cost of maintenance of mentally disordered persons at that psychiatric facility or institution and the cost of the provision of such community mental health services as may be operated by the psychiatric facility or institution, and showing such other information as the minister may require with reference to the operation of the psychiatric facility or institution.

Official responsibility.

94(1)

No responsibility for the detention or custody of a person in a psychiatric facility or institution or for placing a person under supervision rests on the officers or staff or employees of the psychiatric facility or institution, if the person has been detained or is held in custody or is placed under supervision in accordance with this Act or any Act of the Legislature relating to mentally disordered persons.

No action, etc., against persons administering Act.

94(2)

No action lies, or shall be instituted, against any person, whether in his public or private capacity, where that person is acting under the authority of this Act, for any loss or damage suffered by any person by reason of anything done by him in good faith, or omitted to be done by him in the exercise of powers given to him by this Act.

Relief from liability for acts of strangers.

94(3)

The act or omission of a person who is not employed in, or in connection with a psychiatric facility or institution, or who is not an agent or employee of the director or of the medical officer in charge of the psychiatric facility or institution or under the direction or control of the director or medical officer in charge of the psychiatric facility or institution, at the time of the act or omission, does not bind, or create any liability upon, and is not admissible in evidence in any civil proceedings against, the director or medical officer in charge of a psychiatric facility or institution, or any person employed in, or in connection with the psychiatric facility or institution.

Protection from civil liability.

95

No person who brings in a patient or a person to a psychiatric facility or institution, or who lays an information under this Act, or who, acting as a provincial judge or court, places a person under custody, supervision, or commits him to a psychiatric facility or institution under the provisions of the Act, or who signs or carries out, or does any act with a view to signing or carrying out, an order purporting to be an order for the removal of a person to a psychiatric facility or institution, or any report or medical certificate under this Act, is liable to any civil proceedings in respect thereof, whether on the ground of want of jurisdiction or any other ground, if that person has acted in good faith and with reasonable care.

Staying vexatious proceedings.

96

Where proceedings are taken against any person for bringing or committing a person to a psychiatric facility or institution or for laying an information or signing or carrying out any such order, report, or medical certificate as in section 95 mentioned, or doing anything in pursuance of this Act the proceedings may, upon summary application to a judge of the Court of Queen's Bench, be stayed upon such terms as to costs and otherwise as the judge may think fit, if the judge is satisfied that there is no reasonable ground for alleging want of good faith or of reasonable care.

Communication by patients.

97(1)

Every person confined at a psychiatric facility or institution shall at all times be furnished with materials for communicating with any member of the Executive Council or of the assembly, or with any person appointed to inspect a psychiatric facility, or with his attorney; and any such communication is not subject to be examined, censored, or withheld.

Withholding of other communications.

97(2)

All other communications, except any communication under subsection (1), either written by, or sent to, a person in a psychiatric facility or institution may be examined or censored or withheld at the discretion of the director or superintendent of the psychiatric facility or institution.

Warrant for enforcement of order.

98(1)

Where a person in respect of whom an order is made under this Act by the director or a provincial judge fails or refuses to comply with the order, a provincial judge may, upon application by the director or a medical officer in charge of a psychiatric facility, or a relative or friend of the person, or a clergyman, priest, physician, mayor, reeve, councillor, justice of the peace or a kindly disposed person, issue a warrant directing that the person be apprehended and kept in custody in a psychiatric facility until such time as he complies with the order.

Direction of warrant.

98(2)

A warrant issued under subsection (1) may be directed to all or any constables or peace officers in Manitoba and shall name or otherwise describe the person to be apprehended.

OFFENCES

Limitation on number of persons under supervision.

99(1)

No person, other than the parents of a mentally retarded person shall, without the consent of the director, undertake the care and control of more than one mentally disordered person other than in a psychiatric facility or in an institution.

Notice to minister.

99(2)

Where a person, other than a parent, son, daughter, brother, sister, or spouse of a mentally disordered person undertakes the care and control of the mentally disordered person, elsewhere than in a psychiatric facility or institution, he shall, within 48 hours after the reception of the mentally disordered person, give notice thereof to the director.

Supply of intoxicants forbidden.

100(1)

Subject to subsection (2), any person who, having been warned by a person appointed to be custodian of a mentally disordered person or by a person under whose charge a mentally disordered person absent from a psychiatric facility or institution has been placed, not to supply intoxicants to, or for the use of, the mentally disordered person, knowingly gives or otherwise supplies any intoxicants to, or for the use of, the mentally disordered person, is guilty of an offence.

Production of authority on demand.

100(2)

A person is not guilty of an offence under subsection (1), if the person giving the warning refuses, when required to do so, to produce the authority under which he acts.

Secreting or assisting mentally disordered persons to escape.

101

Any person who hides a mentally disordered person who is ordered to be placed, or is placed, in a psychiatric facility or institution, or who knowingly assists a mentally disordered person in a psychiatric facility or institution, or a mentally disordered person allowed out from a psychiatric facility or institution on leave or parole, or under custodianship or supervision under this Act, to escape or to break any condition of his parole or custodianship or supervision, is guilty of an offence.

Obstructing officials.

102

Any person who obstructs a director, medical officer in charge of a psychiatric facility or institution, or any officer or other person appointed or employed to carry out any provision of this Act, in the exercise of the powers conferred on him by or under this Act, is guilty of an offence.

Ill-treating mentally disordered persons.

103

Any officer, nurse, attendant, servant, or person employed in a psychiatric facility or institution, or any person having charge, care, control, or supervision of a mentally disordered person, by reason of any contract or tie of relationship of marriage or otherwise, who ill-treats or wilfully neglects the mentally disordered person is guilty of an offence.

Making false entries.

104(1)

Any person, who in any register, book, certificate, statement, report or return, knowingly makes a false entry as to any matter as to which he is by this Act required to make an entry, is guilty of an offence.

Giving wrong information.

104(2)

Any person who, for the purpose of obtaining any certificate or approval under this Act or the renewal of any certificate or approval wilfully supplies the minister, the director, or the medical officer in charge of a psychiatric facility or institution or any person having the custody, care, control, or supervision of a mentally disordered person, with any untrue or incorrect information, plan, description, or notice is guilty of an offence.

Offences.

105

A person who violates any provision of this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500. or to imprisonment for a term not exceeding one year or to both.

Regulations.

106

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) prescribing rules and regulations for the management and internal economy of a psychiatric facility or institution and the conduct of the officers thereof and of persons confined therein;

(b) respecting the cost of maintenance of, and charges to be paid by, any person confined in a psychiatric facility or institution;

(c) prescribing forms and the contents thereof to be used under this Act;

(d) prescribing duties, functions and powers of any standards committee appointed under section 3;

(e) generally for the purpose of carrying out the provisions of this Act.