The Protection for Persons in Care Office

The Protection for Persons in Care Office (PPCO) uses definitions of abuse and neglect set out in legislation.

Current Definitions

Abuse and neglect are currently defined as follows:

"Abuse" means, with respect to adult patients or residents, any of the following:

• the use of physical force resulting in pain, discomfort or injury, including slapping, hitting, beating, burning, rough handling, tying up or binding;
• the intentional causing of emotional or psychological harm, including through threats, intimidation, humiliation, harassment, coercion or restriction from appropriate social contact;
• sexual contact, activity or behaviour between a patient and an individual in a position of trust or authority;
• non-consensual sexual contact;
• the theft of destruction of the property of a patient;
• an act or omission prescribed by regulation;

but does not include neglect;

"Neglect" means, subject to subsection (2), an act or omission that:

• is mistreatment that deprives a patient of adequate care, adequate medical attention or other necessaries of life, or a combination of any of them, and
• causes or is reasonably likely to cause
  • death of a patient or
  • physical or psychological harm to a patient, or
  • a significant loss to the property of a patient;

Current Definitions – Amended January 1, 2024

Bill 23, The Vulnerable Persons Living with a Mental Disability Amendment Act, received Royal Assent on May 30, 2023. The bill updates The Protection for Persons in Care Act (PPCA) definitions of abuse and neglect.

The new definitions of abuse and neglect will be proclaimed and take effect once related regulations are updated. That work is ongoing. Until then, the current definitions remain in place.

The changes remove any ambiguity and room for interpretation, making it clear that actions alone may be deemed abuse or neglect, regardless of whether the patient experienced any serious harm as the result of those actions.

The amendments align with leading practice in other jurisdictions and the public’s understanding of these concepts.

Why the Definitions Changed

After receiving several complaints regarding the PPCO’s administration of The Protection for Persons in Care Act, Manitoba’s Office of the Auditor General investigated the PPCO and found several shortcomings, some of which were connected to overly narrow definitions of abuse and neglect, as defined in legislation. The Auditor General recommended updating the legislation with new definitions.

To view the full Auditor General’s report, click here.

Previous Definitions – 2001 – 2023

Abuse and neglect are defined in The Protection for Persons in Care Act (the Act) as the following:

"Abuse" means, subject to subsection (2), an act or omission that

• is mistreatment, whether physical, sexual, mental, emotional, financial or a combination of any of them, and
• causes or is reasonably likely to cause
  • death of a patient,
  • serious physical or psychological harm to a patient, or
  • significant loss to a patient's property;

but does not include neglect;

"Neglect" means, subject to subsection (2), an act or omission that

• is mistreatment that deprives a patient of adequate care, adequate medical attention or other necessaries of life, or a combination of any of them, and
• causes or is reasonably likely to cause
  • death of a patient or
  • serious physical or psychological harm to a patient.