The Mental Health Amendment and Personal Health Information Amendment Act

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4th Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 5

THE MENTAL HEALTH AMENDMENT AND PERSONAL HEALTH INFORMATION AMENDMENT ACT

Bilingual version (PDF)

Explanatory Note

(Assented to )

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

C.C.S.M. c. M110 amended

Subclause 36(2)(e)(ii) of The Mental Health Act is amended by striking out "serious and immediate threat" and substituting "risk of serious harm".

C.C.S.M. c. P33.5 amended

Clause 22(2)(b) of The Personal Health Information Act is amended

(a) in the French version of subclause (i), by striking out "le risque d'effets néfastes sur la santé ou" and substituting "un risque d'atteinte à la santé ou à"; and

(b) in subclause (ii), by striking out "serious and immediate threat" and substituting "risk of serious harm".

Coming into force

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Mental Health Act and The Personal Health Information Act.

Currently under those Acts, confidential information may be disclosed without a person's consent to protect their health or safety, or that of others, but only if there is a serious and immediate threat to health or safety. The Bill changes that threshold.

Under The Mental Health Act, the medical director of a psychiatric facility may disclose information in a clinical record to any person to prevent or lessen a risk of serious harm to the patient's health or safety or that of another person.

Under The Personal Health Information Act, a trustee may disclose personal health information to any person to prevent or lessen a risk of serious harm to a person or the public.