Adults Living with an Intellectual Disability Regulation

Adults Living with an Intellectual Disability Regulation, M.R. 208/96 The Adults Living with an Intellectual Disability Act , C.C.S.M. c. A6.1 Regulation 208/96 Registered October 1, 1996 bilingual version (HTML) Table of Contents Section 1 Definition EXECUTIVE DIRECTOR'S REPORT TO ADULT ABUSE REGISTRY COMMITTEE 1.1 Criteria and extenuating circumstance under subsection 25.3(1) of Act 1.2 Contents of executive director's report SUBSTITUTE DECISION MAKERS FOR PROPERTY 2 Bond 3 Amount of bond 4 Inventory on appointment 5 Accounting 6 Accounting on expiration or termination of appointment 7-9 Repealed CONSEQUENTIAL AMENDMENTS 10 Regulations repealed 11 Manitoba Regulation 314/88 R amended 12 Manitoba Regulation 34/93 amended REVIEW AND COMING INTO FORCE 13 Review and recommendation 14 Coming into force Schedule Definition 1 In this regulation, "Act" means The Adults Living with an Intellectual Disability Act . M.R. 157/2023 EXECUTIVE DIRECTOR'S REPORT TO ADULT ABUSE REGISTRY COMMITTEE Criteria and extenuating circumstance under subsection 25.3(1) of Act 1.1(1) This section (a) describes the criteria when and extenuating circumstances in which the use of physical force is not considered to be reportable for the purpose of subsection 25.3(1) of the Act; and (b) applies to an act or omission in an interaction between an adult living with an intellectual disability and another person, including a service provider. 1.1(2) The interaction is not considered reportable when (a) the person acted reasonably (i) to stop or prevent the aggressive or self-injurious behaviour of an adult living with an intellectual disability so as to avoid harm to the adult, the person or others, (ii) in an urgent circumstance, to preserve the life or safety of an adult living with an intellectual disability, or (iii) in accordance with the standards of practice and practice directions of their regulatory body, if the person is a member of a regulated health profession; and (b) if the person is a service provider, the person acted (i) within the scope of their duties, and (ii) in a manner that was consistent with their training. 1.1(3) Despite clause (2)⁠(a), the interaction is considered reportable when the person uses physical force in an effort to address or control behaviour of an adult living with an intellectual disability when the adult's behaviour is not harmful to the adult, the person or others. 1.1(4) The interaction is not considered reportable when the person commits or omits an act that results in an adult living with an intellectual disability experiencing pain, discomfort or injury, physical or psychological harm or a significant loss to their property if the act or omission is (a) accidental but not reckless; and (b) not part of a pattern of behaviour demonstrated by the person that has resulted in the adult experiencing what may otherwise be considered abuse or neglect. In addition, a person who is a service provider must be acting within their scope of duties. 1.1(5) When the interaction involves a service provider, the interaction is not considered to be reportable if the executive director is satisfied that a substantial contributing factor to the service provider's act or omission is the failure of the provider's employer to ensure that (a) the provider is appropriately trained and supervised to carry out their duties; or (b) adequate levels of physical or human resources are available to maintain a reasonable level of safety for the adult. In addition, the executive director must be satisfied that the service provider's decision to commit or omit the act was reasonable at the time. 1.1(6) The executive director must provide a report to the adult abuse registry committee under subsection 25.3(1) of the Act if the executive director believes a person has abused or neglected an adult living with an intellectual disability, and also believes that (a) for the purpose of clause 25.3(1)⁠(b) of the Act, the person (i) is employable, or may become employable, or (ii) is able to do volunteer work, or may be able to do volunteer work; and (b) the abuse or neglect did not occur because the high behavioural support needs of the adult were not adequately addressed by the service provider or the provider's employer. 1.1(7) In this section, a person is considered to be a member of a regulated health profession if they are regulated under The Regulated Health Professions Act or an Act or part of an Act set out in Schedule 2 of that Act. M.R. 163/2012 ; 157/2023 Contents of executive director's report 1.2 The executive director's report to the adult abuse registry committee must include (a) the name of the adult living with an intellectual disability who the executive director believes was abused or neglected; (b) the name of the person who the executive director believes abused or neglected the adult living with an intellectual disability; (c) if available, the following information about the person believed to be responsible for the abuse or neglect: (i) address, (ii) gender, (iii) any other names, including maiden name, (iv) driver's licence number and jurisdiction, (v) occupation; (d) in addition to the information set out in clause (c), if necessary to correctly identify the person believed to be responsible for the abuse or neglect, the person's social insurance number and personal health information number; (e) the law enforcement incident number, if any; (f) the following particulars of the abuse or neglect: (i) the nature and details of the abuse or neglect, (ii) the time frame within which the abuse or neglect occurred, (iii) the relationship of the person who the executive director believes abused or neglected the adult living with an intellectual disability to the adult; (g) details concerning the physical and emotional condition of the adult living with an intellectual disability, including any relevant medical or psychological reports; (h) details as to the action taken in response to the incident, including (i) any referral for a medical examination, and (ii) the involvement of law enforcement officers; (i) the identity of the person who made the report of abuse or neglect under section 21 of the Act, including the information on which the person's report was based; and (j) any other information to enable the adult abuse registry committee to carry out its responsibilities under The Adult Abuse Registry Act . M.R. 163/2012 ; 157/2023 SUBSTITUTE DECISION MAKERS FOR PROPERTY Bond 2(1) Where a bond is required under clause 92(4)⁠(b) of the Act, the commissioner may specify (a) a personal bond without surety; (b) a personal bond with one or more sureties; or (c) a bond issued by a surety company licensed to carry on business in Manitoba. 2(2) The form to be used with respect to a bond is the Form set out in the Schedule. Amount of bond 3 The amount of the bond shall be equal to the amount of the sworn value of the property which is under the power of the substitute decision maker. Inventory on appointment 4 A substitute decision maker for property shall file (a) a signed declaration together with an Inventory on Appointment in accordance with clause 108(1)⁠(a) of the Act, in a form approved by the commissioner; and (b) where clause 108(1)⁠(b) of the Act applies, a signed declaration together with a Revised Inventory on Appointment, in a form approved by the commissioner. M.R. 82/2024 Accounting 5(1) A substitute decision maker for property shall, at the request of the commissioner under subsection 108(2) of the Act, file with the commissioner a signed declaration together with an accounting of the property, debts, liabilities, receipts, and disbursements of the adult living with an intellectual disability, stating (a) the period of the appointment of the substitute decision maker for property to which the accounts relate; (b) the names and last known places of residence of persons, including creditors of the adult living with an intellectual disability, who have an interest in the property or the affairs of the adult; and (c) particulars of the accounts of the property, including the following: (i) an opening inventory which sets out the assets and their value on the opening date of the period to which the accounts relate, (ii) a statement of money received which describes all money received and sets out, with respect to each sum received , the amount and the date the money was received, the source of the money and the reason for the remittance, (iii) a statement of money disbursed which describes all money disbursed and sets out, with respect to each sum disbursed, the amount and the date the money was disbursed, the person or business to whom the money was disbursed and the reason for the disbursement, (iv) a statement of assets sold, realized or acquired which sets out the amount and the date of the sale or acquisition and the amount of any gain or loss, (v) a reconciliation and closing inventory which sets out an inventory of the assets and their value on the opening and closing dates, as well as the cost of all assets, and a record which sets out all gains, losses, sales, acquisitions and disbursements between the opening and closing dates of the period. 5(2) The signed declaration and the accounting referred to in subsection (1) shall be in a form approved by the commissioner. M.R. 157/2023 ; 82/2024 Accounting on expiration or termination of appointment 6 The provisions of section 5 apply to an accounting under subsection 109(1) of the Act. 7 [Repealed] M.R. 139/2021 ; 8/2025 8 [Repealed] S.M. 1996, c. 41, s. 28 and 29; M.R. 157/2023 ; 82/2024 ; 8/2025 9 [Repealed] M.R. 157/2023 ; 8/2025 CONSEQUENTIAL AMENDMENTS Regulations repealed 10 The following regulations made under The Mental Health Act , C.C.S.M. c. M110, are repealed: (a) Admission of Mental Retardates from Other Provinces Regulation , Manitoba Regulation 313/88 R; (b) Manitoba Developmental Centre Advisory Board Regulation , Manitoba Regulation 228/89. Manitoba Regulation 314/88 R amended 11(1) The Charges Payable by Long Term Care Patients and Residents Regulation, Manitoba Regulation 314/88 R, made under The Mental Health Act, C.C.S.M. c. M110, is amended by this section. 11(2) The title of the regulation is amended by striking out " and Residents ". 11(3) The definition "resident" in section 1 is repealed. 11(4) Section 2 is amended by striking out " or a resident in an institution ". 11(5) Sections 3 and 5 are amended by striking out " or a resident ". 11(6) Section 7 is amended by striking out " and residents ". Manitoba Regulation 34/93 amended 12(1) The Cost of Maintenance of Patients and Residents Whose Care is the Responsibility of the Government of Canada Regulation , Manitoba Regulation 34/93, made under The Mental Health Act, C.C.S.M. c. M110, is amended by this section. 12(2) The title of the regulation is amended by striking out " and Residents ". 12(3) Section 3 is repealed. REVIEW AND COMING INTO FORCE Review and recommendation 13 Not later than September 30, 2001, the minister shall (a) review the effectiveness of this regulation and, in the course of that review, consult with such persons affected by it as the minister considers appropriate; and (b) recommend to the Lieutenant Governor in Council that the regulation be amended, continued or repealed. Coming into force 14 This regulation comes into force on October 4, 1996. SCHEDULE Form Substitute Decision Maker for Property Bond