Manitoba
The Medical Assistance in Dying (Protection for Health
Professionals and Others) Act
Introduction
The MAiD Act is a procedure-specific law applying only to euthanasia and assisted suicide. It protects all regulated professionals who refuse to provide or "aid in the provision" of the procedures from professional disciplinary proceedings and adverse employment consequences because they have refused. They remain liable for other misconduct in relation to the refusal (See Project commentary).
Original Text
WHEREAS in response to the Supreme Court of Canada
decision in Carter v Canada (Attorney General), the Parliament of
Canada enacted amendments to the Criminal Code to permit
individuals to avail themselves of medical assistance in dying in
certain circumstances;
AND WHEREAS various matters related to medical
assistance in dying are within provincial jurisdiction, including the
regulation of health care professionals;
THEREFORE HER MAJESTY, by and with the advice and
consent of the Legislative Assembly of Manitoba, enacts as follows:
Definitions
1. The
following definitions apply in this Act.
"medical assistance in dying", "medical
practitioner" and "nurse practitioner" have the same meaning
as in section 241.1 of the Criminal Code (Canada). (« aide
médicale à mourir », « infirmier practicien » et « médecin »)
"member of a regulated profession"
includes, without limitation, a medical practitioner and a nurse
practitioner. (« membre d'une profession réglementée »)
"professional regulatory body" means a
body that has a statutory duty to regulate a profession. (« organisme de
réglementation d'une profession »)
Conscience-based objection — providing medical assistance in dying
2(1) A
medical practitioner or nurse practitioner may refuse to provide medical
assistance in dying on the basis of his or her personal convictions.
Conscience-based objection — aiding in providing medical assistance in dying
2(2) An
individual, including a member of a regulated profession, may refuse to
aid in the provision of medical assistance in dying on the basis of his
or her personal convictions.
Professional regulatory body's rules cannot require participation
2(3) For
greater certainty, a professional regulatory body must not make a
regulation, by-law, rule or standard that requires a member of the
regulated profession to provide or aid in the provision of medical
assistance in dying.
No disciplinary proceedings
3(1) The
registrar or executive director of a professional regulatory body must
dismiss a complaint about the conduct of a member of the regulated
profession, or a part of such a complaint, if the registrar or executive
director is satisfied that the complaint or part relates solely to the
fact that the member refused to provide or aid in the provision of
medical assistance in dying on the basis of his or her personal
convictions.
Complaint may deal with other matters
3(2) For
greater certainty, subsection (1) does not apply to any part of the
complaint that deals with any other matter related to the member's
conduct.
No adverse employment action
4. An
employer must not take adverse employment action against an employee
because that employee refused to provide or aid in the provision of
medical assistance in dying on the basis of his or her personal
convictions.
C.C.S.M. reference
5. This
Act may be referred to as chapter M92 of the Continuing Consolidation
of the Statutes of Manitoba.
Coming into force
6. This Act comes into force on the day it receives royal assent.
[Royal Assent: 10 November, 2017]
Source:
Copyright: Manitoba government. Reproduced
with permission.