What is the Protection for Persons in Care Act? 

The Act is a law to help protect adults from abuse while receiving care in personal care homes, hospitals or any other designated health facility. This law also protects caregivers, and others who work with persons in care, against malicious or false reports of abuse. 

For a copy of the Act, click here.

Who handles reports of suspected abuse?

The Protection for Persons in Care Office (PPCO) receives and investigates reports of suspected abuse in health facilities across the province. If you witness abuse, first ensure that the patient or resident is safe and then make a report to the PPCO. Facilities and the PPCO work together to make health care facilities safe for everyone.

Does the PPCO investigate every report?

No. When the PPCO receives a report, an Inquiry Officer reviews the situation and assesses whether an investigation is required. The kind of action taken also depends on the type of report. Some matters fall outside the scope of the legislation and may be referred back to the facility or the regional health authority (RHA) for follow-up.

Who is required to report?

Under the law, abuse or suspected abuse must be reported immediately. This means anyone who has a reasonable basis to believe abuse is occurring, or is likely to occur, must report these concerns to the PPCO as soon as possible. You may also report to your supervisor, based on your facility’s policy, but you are responsible for ensuring that the concern is reported to the PPCO.

Can I make an anonymous report?

No, the PPCO needs your name and phone number in case it’s necessary to call you back for more information or let you know about the outcome of the report. If you call the office to report abuse, your name is always kept confidential.

What happens when the PPCO conducts an investigation? First, a PPCO staff person contacts the health facility and provides the investigator’s name and expected date of arrival. Upon arrival at the health facility, the investigator must provide a Letter of Authorization to conduct the investigation. He or she may want to meet with and/or obtain statements from people who could have information about the reported incident. These interviews can happen at the facility or off-site; the choice is up to the person being interviewed.

The resident(s) or patient(s) identified in a report may also have concerns that must be considered during the investigation.

Who conducts the investigation?

PPCO investigators are independent contractors who look into reports of abuse and neglect for Manitoba Health. Their job is to collect information and facts, and then determine if abuse occurred. If an investigator contacts you for an interview, your co-operation is essential to ensuring a fair process for all involved.

Can I refuse to be interviewed?

Yes, however, the investigator will continue the investigation and make conclusions and recommendations without your input. It is important to consider that the interview process gives you the chance to share your version of what happened. It ensures the situation is seen from all perspectives.

You may choose to have a union representative, supervisor, your lawyer or someone else present with you during the interview, or you can meet with the investigator alone. The choice is yours.

What happens after the investigator leaves the facility?

The investigator will forward a report to the PPCO for review. If the investigator determines that abuse has occurred, as defined by law, the PPCO will send a letter to the health facility. This letter will give specific direction about steps the facility must take to address the situation.

If the investigation concludes that there was no abuse, the PPCO will confirm in writing that the report was unfounded. Before the PPCO sends a letter to con-firm the findings of the investigation, the health facility will be notified of the results at a debriefing session. The facility’s management team, along with representatives of the PPCO and the RHA, are usually present at the debriefing session and are given copies of the draft directives to review and discuss.

Can the PPCO recommend disciplinary action?

No. It can only provide direction about how to protect resident and patient safety. The facility is responsible for handling human resource issues. The PPCO may, however, refer a person or persons to the appropriate professional association for review.

What support is available for staff?

Health facility employees have access to resources that provide support during or after an investigation. Depending on the circumstances, the following supports are available to you:

• Management support or referral to other resources (i.e., spiritual or ethical consultation)
  
  
• Employee Assistance Programs (EAP)
  Winnipeg: (204) 786-8880
  Toll-free: 1-800-590-5553
  TTY: (204) 775-0586. Available 24 hours/day, seven days/week
  
  
• Your union representative
  
  
• Your professional association
  
  
• College of Physicians and Surgeons
  (204) 774-4344
  
  
• College of Registered Nurses of Manitoba 
  (204) 774-3477
  
  
• College of Licensed Practical Nurses of Manitoba 
  (204) 663-1212
  
  
• College of Registered Psychiatric Nurses of Manitoba 
  (204) 888-4841
  
  
• Canadian Nurses Protective Society(CNPS) 
  1-800-267-3390
  
  
• Co-workers and friends
  
  
• Your educational institution (if you are a student)
  
  
• Private counselling agencies

The information on this page is also available as a brochure. To order a copy, please contact:

Materials Distribution Agency
Phone: (204) 945-0570
FAX: (204) 942-6212
E-mail: informationresources@gov.mb.ca