Prescribed Facilities and Disease Control Regulation

Prescribed Facilities and Disease Control Regulation, M.R. 26/2009 The Public Health Act , C.C.S.M. c. P210 Regulation 26/2009 Registered February 17, 2009 bilingual version (HTML) Table of Contents Section 1-2 Definitions 2.1 Prescribed facililities 2.2 Determining place of custody 3 Unauthorized leaving of hospital or prescribed facility 4-5 Isolation and quarantine 6-8 Control of diseases transmitted by animals 9-10 Handling of disease specimens 11 Supply of drugs 12 Making applications remotely 13 Repeal 14 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Public Health Act . («  Loi  ») "director" means the director responsible for communicable disease control. (« directeur ») "reportable disease" means a reportable disease as defined in the Reporting of Diseases and Conditions Regulation . (« maladie à déclaration obligatoire ») Definition of phrase "infected with" 2 For the purposes of the Act, the phrase "infected with" , when used in relation to a communicable disease, means a person who, or an animal which, harbours an infectious agent that causes a communicable disease, whether or not the person or animal displays any symptoms of the disease. PRESCRIBED FACILITIES AND DETERMINING PLACE OF CUSTODY Prescribed facilities 2.1(1) The following facilities are prescribed for the purposes of sections 43, 47.1, 48, 49, 53, 60, 61, 63 and 64 of the Act: (a) Selkirk Mental Health Centre; (b) any facility operated by a health authority that provides convalescence accommodations. Prohibition 2.1(2) A person who makes an order detaining a person in custody under any of the provisions referred to in subsection (1) must not order the person be detained at a custodial facility as defined in The Correctional Services Act . M.R. 67/2025 Determining place of custody 2.2 A person who makes an order detaining a person in custody under section 47.1, 49 or 50 or under Part 5 of the Act must consider the following when determining the hospital or prescribed facility at which the person is to be detained: (a) the need to ensure that any restriction on the person's rights or freedoms is no greater than is reasonably necessary in the circumstances; (b) the hospital's or prescribed facility's resources and ability to provide the required care and treatment to the person; (c) the person's additional health care, psycho-social, cultural or personal needs. M.R. 67/2025 UNAUTHORIZED LEAVING OF HOSPITAL OR PRESCRIBED FACILITY Unauthorized leaving of hospital or prescribed facility 3 If a person who (a) has been ordered, under clause 43(2)⁠(e) or 49(2)⁠(e) of the Act, to present himself or herself for admission to a hospital or other prescribed facility, and remain there once admitted; (b) has been detained in a hospital or other prescribed facility on the basis of an order made under section 53 of the Act; or (c) has been detained in a hospital or prescribed facility on the basis of an order made under section 60, 61, 63 or 64 of the Act; leaves the hospital or other prescribed facility, as the case may be, once admitted or detained, without the authorization of a medical officer, the person in charge of the hospital or prescribed facility must immediately notify a medical officer. M.R. 67/2025 ISOLATION AND QUARANTINE Isolation or quarantine — instructions to be given 4 If a person has been ordered (a) to isolate or quarantine himself or herself under clause 43(2)⁠(f) of the Act; (b) to be isolated or quarantined under clause 49(2)⁠(f) or 53(3)⁠(b) of the Act; or (c) to be isolated under clause 63(2)⁠(c) or 64(8)⁠(e) of the Act; the medical officer must ensure that the person is provided with instructions that are sufficient, in the medical officer's opinion, to enable the person to understand how to comply with the order. Prohibitions re isolation and quarantine 5 Except as may be allowed by an order issued under the Act, no person shall (a) assist, or offer to assist, a person who is isolated or quarantined under an order issued under the Act, to leave the isolation or quarantine; or (b) enter a place or premises that has been (i) quarantined by an order under clause 43(3)⁠(c) of the Act, or (ii) placarded under subsection 43(6) of the Act. CONTROL OF DISEASES TRANSMITTED BY ANIMALS Meaning of "turtle" 6(1) In this section, "turtle" means a reptile of the class Chelonia that has a shell, and that has a carapace length of less than six inches (15.24 cm). Notice to be displayed where turtles sold, etc. 6(2) A person who (a) sells or distributes, or offers to sell or distribute, turtles to the public; or (b) provides an opportunity for turtles to be handled by the public; must display the following advisory in a conspicuous location at the place where the turtles are sold, distributed, offered for sale or distribution, or handled: CAUTION: Turtles may transmit disease-causing bacteria to humans. It is important to ◾ thoroughly wash your hands after handling turtles or material in a turtle bowl; ◾ not allow water or any other substance from a turtle bowl to come into contact with food or areas where food is prepared; ◾ make sure that children and others handling turtles follow these precautions. No keeping of raccoons or skunks 7(1) No person shall keep a raccoon or a skunk on any premises other than (a) a medical or veterinary research facility or laboratory; or (b) a zoo. Exception — keeping raccoons for rehabilitation 7(2) Despite subsection (1), a person may keep a raccoon on premises for the purpose of rehabilitating the raccoon, if the person holds a "Wild Animal Possession Permit (Rehabilitation)" granted under The Wildlife Act — or a similar permit under that Act — that authorizes the person to keep or possess raccoons on the premises for rehabilitation purposes. M.R. 88/2012 Notice of potential rabies transmission 8(1) If a physician or nurse, not including a medical officer or a public health nurse, believes that a person has been bitten by an animal and that there is a significant risk that rabies may have been transmitted, the physician or nurse must, as soon as practical, notify (a) a medical officer; or (b) a public health nurse; and provide the medical officer or public health nurse with the information about the biting incident that he or she requests. Further action by medical officer or public health nurse 8(2) Upon receiving notice under this section, a medical officer or public health nurse may, if he or she believes it is possible that rabies has been transmitted, take steps to ensure that (a) the animal is secured alive and without injury in a safe place; (b) the animal is kept under observation for 10 days or any longer period considered necessary by the medical officer or public health nurse; and (c) the animal's head is preserved in ice and sent to a laboratory for examination, if the animal dies or shows symptoms of rabies during the observation period. HANDLING OF DISEASE SPECIMENS Health professionals to secure specimens 9(1) If a health professional diagnoses a person as having, or believes that a person may have a reportable disease, the health professional must, if possible, secure appropriate specimens from the person and forward them to a laboratory for examination. This does not apply if the health professional reasonably believes that specimens have already been secured and forwarded to a laboratory. Securing and handling of specimens 9(2) A health professional must secure, handle and label the specimens in accordance with any protocol approved by the chief public health officer. Specified laboratory 9(3) If required by the director or a medical officer, the specimens must be sent to a laboratory specified by the director or medical officer. Forwarding of specimens 10 After reporting positive results for a reportable disease under the Reporting of Diseases and Conditions Regulation , the person in charge of the laboratory must forward specimens for diagnosis of the disease or microbiologic organisms causing the disease to a laboratory specified by the director, (a) if the disease is specified in a protocol approved by the chief public health officer as a disease for which this is a requirement; or (b) if the disease is not a disease referred to in clause (a), if required by the director. SUPPLY OF DRUGS Unqualified person must not supply drugs 11 No person other than (a) a physician; (b) a registered nurse (extended practice); (c) a registered nurse acting under the supervision of a physician; (d) a pharmacist who dispenses a prescription drug or appliance to a person; or (e) a person, or a member of a class of persons, designated in writing by the chief public health officer; shall supply or offer to supply any prescription drug or appliance, to or for another person, for the purpose of preventing, diagnosing or treating a reportable disease. MAKING APPLICATIONS REMOTELY Applying for an order remotely 12(1) A medical officer may make the following applications by fax or through the use of video or audio link or other electronic means if the medical officer believes that it would be impractical to appear in person: (a) an application to a judicial justice of the peace or a provincial judge under subsection 47(1) of the Act; (b) an application to a provincial judge under subsection 54(1), 61(1) or 64(1) of the Act. Evidence received by electronic means 12(2) The judicial justice of the peace or the provincial judge may administer an oath to a person and receive a person's evidence in support of the application through the use of video or audio link or other electronic means. M.R. 67/2025 REPEAL AND COMING INTO FORCE Repeal 13 The Diseases and Dead Bodies Regulation , Manitoba Regulation 338/88 R, is repealed. Coming into force 14 This regulation comes into force on the same day that The Public Health Act , S.M. 2006, c. 14, comes into force.