The Disease Control Regulation, amendment M.R. 67/2025, made under The Public Health Act, introduces significant updates to the existing Disease Control Regulation, Manitoba Regulation 26/2009. This amendment reflects the government’s intent to strengthen clarity, fairness, and adaptability in managing situations involving detention, treatment, and oversight of individuals under public health orders. A major feature of the amendment is the retitling of the regulation, which is now called the Prescribed Facilities and Disease Control Regulation. This change signals a shift in emphasis toward explicitly identifying facilities where individuals may be detained for public health purposes and under what conditions.

A new section is inserted that establishes which facilities are prescribed for detention under specified sections of The Public Health Act. The amendment specifically identifies the Selkirk Mental Health Centre and any facility operated by a health authority that provides convalescence accommodations. These facilities are now formally recognized for use in detention orders related to disease control.

The regulation also introduces new provisions guiding decision-makers on how to determine the appropriate place of custody. When issuing detention orders under certain sections of The Public Health Act, officials must consider three important factors. First, they must ensure that any restrictions on a person’s rights or freedoms go no further than is reasonably necessary. Second, the resources and ability of the facility to provide adequate care and treatment must be weighed carefully. Third, officials must take into account the person’s broader health, psycho-social, cultural, and personal needs.

Changes also affect how unauthorized departures from hospitals or prescribed facilities are handled. The previous references to “hospital, facility or place of detention” have been narrowed and standardized to “hospital or prescribed facility.” The amendment clarifies responsibilities by requiring that if a person detained or admitted under certain provisions of The Public Health Act leaves without authorization, the hospital or facility must immediately notify a medical officer of health. The circumstances covered include cases where individuals were ordered to remain under specific statutory provisions or detained under orders related to disease control.

Another important modernization introduced by the amendment involves the submission of applications for orders. Recognizing the challenges posed by in-person appearances, the regulation now explicitly permits medical officers of health to apply for detention or related orders remotely. Applications may be submitted by fax, video link, audio link, or other electronic means where attending in person would be impractical. This change reflects broader technological advancements and the necessity of flexibility in urgent or geographically challenging situations. Additionally, the amendment authorizes judicial justices of the peace and provincial judges to administer oaths and receive evidence through electronic means, thereby supporting the legitimacy and reliability of remote processes.

Manitoba (67/2025) August 27, 2025
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