---
title: "Manitoba — abortion access"
description: "Abortion is legal in Manitoba and paid for by the public health plan for residents with a Manitoba Health card — whether the procedure happens at a hospital or at the Women's Health Clinic in Winnipeg. The abortion pill Mifegymiso is free at any pharmacy with a prescription and valid health card. A…"
type: "legislation"
jurisdiction: "Manitoba"
as_of_date: "2026-07-13"
source_url: "https://www.abhortion.org/legislation/ca-mb.html"
---

# Manitoba — abortion access

_Manitoba · Canada_

## Overview

**Publicly funded, geographic gaps persist**

Abortion is publicly funded at hospitals and one free-standing clinic, with universal Mifegymiso coverage, but all surgical services are in Winnipeg and Brandon, leaving rural and northern residents with significant travel burdens.

Abortion is legal in Manitoba and paid for by the public health plan for residents with a Manitoba Health card — whether the procedure happens at a hospital or at the Women's Health Clinic in Winnipeg. The abortion pill Mifegymiso is free at any pharmacy with a prescription and valid health card. A safe-access-zone law took effect in February 2025, making it illegal to protest, harass, or interfere with people near clinics and facilities that provide abortion. In practice, surgical abortion is available only in Winnipeg (up to roughly 20 weeks) and Brandon (up to 12 weeks), and medication abortion is available up to 10 weeks at these centres. People in rural, northern, and remote communities often have to travel long distances and navigate referral delays. There is no law that sets a legal time limit on abortion, but the service cutoffs are set by each provider based on their capacity and clinical policy.

> "The purpose of this Act is to protect access to abortion services and the safety and security of all people accessing or providing abortion services by creating access zones around clinics and certain facilities that provide those services and the residences of certain protected service providers."
> — The Safe Access to Abortion Services Act, CCSM c S4, s 2

**Legal analysis**

Manitoba insures therapeutic abortion under The Health Services Insurance Act, CCSM c H35, and its Excluded Services Regulation, MR 46/93. Historically, item 28 of that regulation excluded clinic abortions from public funding, a restriction declared to violate s. 7 of the Charter in Jane Doe 1 v Manitoba, 2004 MBQB 285. The province began funding clinic abortions effective July 1, 2004, and the regulation was amended in 2005 to add 'a facility approved by the minister' as a funded site. The Safe Access to Abortion Services Act, CCSM c S4 (SM 2024, c 5), in force February 1, 2025, establishes default 50-metre access zones around clinics and prescribed facilities and up to 150-metre zones around provider residences. Mifegymiso has been universally covered since September 2019 under a direct-pay arrangement through Manitoba Pharmacare. Despite full public funding, access is concentrated in two southern cities; no regulation imposes a gestational limit, but service policy limits range from 10 weeks (medication at Winnipeg's clinic) to 19 weeks 6 days (aspiration at Health Sciences Centre).

*Sources — Verified at source · High confidence · The Safe Access to Abortion Services Act, CCSM c S4, s 2, s 2, [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/s004.php) · Excluded Services Regulation, Man Reg 46/93, s 2, item 28, s 2, item 28, [Manitoba Laws Website](https://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=46%2F93) · Jane Doe 1 v Manitoba, 2004 MBQB 285, slip op., [CanLII](https://www.canlii.org/en/mb/mbqb/doc/2004/2004mbqb285/2004mbqb285.html) · Claims Submission Procedure – Mifegymiso, Manitoba Health, Seniors and Active Living, effective September 1, 2019, p 1, [Manitoba Health](https://www.gov.mb.ca/health/pharmacare/profdocs/csp_mifegymiso.pdf)*

## At a glance

Every machine-readable determination in the research document. Each value is derived from a sourced finding below.

| Field | Value |
| --- | --- |
| Access classification | Geographic gaps |
| Criminal restrictions | No |
| Restriction attempts present or past | Yes |
| Insured service | Fully insured |
| Clinic abortions funded | Yes |
| Reciprocal billing covered | Yes |
| Travel assistance program | Yes |
| Services locally available | Hospitals and clinics |
| Surgical service limit weeks | 19 |
| Medication abortion available | Yes |
| Mifegymiso universally covered | Yes |
| Telehealth prescribing available | Yes |
| Safe access zone law | Yes |
| Effective referral required | Unclear |
| Institutional objection present | Yes |
| Minor consent regime | Mature minor common law |
| Statutory consent age | 16 |
| Parental involvement required | No |
| Fetal wrongful death action | No |
| Major pending change | No |

## Division of powers

**Criminal law federal; health delivery provincial**

Criminal law on abortion is exclusively federal; Manitoba may not directly prohibit abortion but shapes access through health insurance, facility regulation, professional oversight, and safe-access-zone laws.

Under Canada's Constitution, the federal government has exclusive power to make criminal law, so only Parliament can pass laws that make abortion a crime — and it has not done so since the Supreme Court struck down the old abortion law in 1988. Manitoba cannot criminalize abortion, and any provincial attempt to do so would be struck down as an intrusion on federal criminal-law power, as the Supreme Court ruled in 1993 when it invalidated a Nova Scotia law. What Manitoba does control is how abortion is funded through its public health insurance plan, which hospitals and clinics may offer the service, how doctors and nurses are regulated, and whether buffer zones protect patients and providers from harassment.

> "The Provinces may not, by legislation under the guise of regulating hospitals and the medical profession, prohibit the performance of abortions outside hospitals, for this would be to regulate the circumstances in which abortions may be obtained, which is a matter of criminal law."
> — Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, ss 91(27), 92(7), (13), (16)

**Legal analysis**

The division of powers under the Constitution Act, 1867 assigns criminal law exclusively to the federal Parliament (s 91(27)), while provinces have jurisdiction over hospitals, health care delivery, and property and civil rights (s 92(7), (13), (16)). In R v Morgentaler, [1993] 1 SCR 462, the Supreme Court of Canada struck down Nova Scotia's Medical Services Act provisions that purported to prohibit abortion outside hospitals, holding they were ultra vires the province as a colourable attempt to regulate criminal law. Manitoba's constitutional levers are therefore confined to: (a) determining insured status under its health insurance plan (The Health Services Insurance Act, CCSM c H35); (b) regulating physicians and nurses through delegated legislation under The Regulated Health Professions Act; (c) controlling hospital and clinic licensing and funding through regional health authorities; and (d) protecting access through civil regulation such as The Safe Access to Abortion Services Act, CCSM c S4, which creates access zones and prohibitions around abortion-providing facilities — a valid exercise of provincial authority over property, civil rights, and matters of a local nature.

*Sources — Semi-verified · High confidence · Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, ss 91(27), 92(7), (13), (16), ss 91(27), 92(7), (13), (16), [Justice Laws Website](https://laws-lois.justice.gc.ca/eng/const/page-1.html) · R v Morgentaler, [1993] 1 SCR 462, headnote, [Supreme Court of Canada](https://www.canlii.org/en/ca/scc/doc/1993/1993canlii74/1993canlii74.html) · R v Morgentaler, [1988] 1 SCR 30, headnote, [Supreme Court of Canada](https://www.canlii.org/en/ca/scc/doc/1988/1988canlii90/1988canlii90.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Current status

**Full public funding, safe-access law in force**

Abortion is an insured service funded in hospitals and the free-standing clinic, Mifegymiso is universally free, and the Safe Access to Abortion Services Act has been in force since February 2025 creating buffer zones around facilities and provider homes.

If you have a Manitoba Health card, an abortion at a hospital or at the Women's Health Clinic in Winnipeg costs you nothing. Mifegymiso, the abortion pill, is also free at any pharmacy with a prescription — you just show your health card and pay nothing. The Safe Access to Abortion Services Act, which took effect on February 1, 2025, makes it illegal to protest, harass, or interfere with people within 50 metres (and up to 150 metres by regulation) of clinics and facilities that provide abortion, and up to 150 metres from providers' homes. There are no waiting periods, mandatory counselling, parental consent requirements, or legal gestational limits — though in practice each provider sets its own service window, and people needing care beyond about 20 weeks must go out of province.

> "The following services are not insured services: ... 28. Therapeutic abortion, unless performed by a medical practitioner (a) in a hospital in Manitoba other than a private hospital licenced under The Private Hospitals Act; (b) in a hospital outside Manitoba that meets the criteria set out in the Hospital Services Insurance and Administration Regulation made under the Act; or (c) in a facility approved by the minister."
> — Excluded Services Regulation, Man Reg 46/93, s 2, item 28

**Legal analysis**

The operative framework consists of: (1) The Health Services Insurance Act, CCSM c H35, and the Excluded Services Regulation, MR 46/93, which together insure therapeutic abortion when performed in a hospital or a minister-approved facility (item 28, as amended in 2005 to add clause (c)); (2) The Safe Access to Abortion Services Act, CCSM c S4 (SM 2024, c 5, proclaimed in force February 1, 2025), which establishes automatic access zones for all clinics (50 m default), prescribed facilities, and prescribed provider residences (up to 150 m), prohibits specified interference, harassment, and protest activities, and creates offences punishable by fines up to $5,000 and/or imprisonment up to six months for a first offence, with higher penalties for subsequent offences, plus civil damages and injunctive relief; (3) the College of Physicians and Surgeons of Manitoba's Standard of Practice on Good Medical Care, which addresses conscience-based objection without requiring an effective referral (registrant may decline to refer but must provide access to an information resource); (4) the College of Registered Nurses of Manitoba's Duty to Provide Care (2019, reviewed 2024), which requires nurses to make a timely referral in good faith; and (5) federal law: the Criminal Code provisions criminalizing abortion (formerly ss 287-288) were repealed in 2019 (Budget Implementation Act, 2019, No 1, SC 2019, c 29, s 292), so no criminal prohibition applies.

*Sources — Verified at source · High confidence · Excluded Services Regulation, Man Reg 46/93, s 2, item 28, s 2, item 28, [Manitoba Laws Website](https://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=46%2F93) · The Safe Access to Abortion Services Act, CCSM c S4 (SM 2024, c 5), s 8, [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/s004.php) · Budget Implementation Act, 2019, No 1, SC 2019, c 29, s 292, s 292, [Justice Laws Website](https://laws-lois.justice.gc.ca/eng/AnnualStatutes/2019_29/)*

## Funding and insurance

### Provincial health plan

**Fully insured, hospitals and approved clinics**

Therapeutic abortion is an insured service under the Manitoba Health Services Insurance Plan when performed in a hospital or minister-approved facility, including the Women's Health Clinic.

If you have a valid Manitoba Health card, your abortion at a hospital or at the Women's Health Clinic in Winnipeg is fully covered — you pay nothing. This wasn't always the case: until 2004, the province refused to fund abortions done at clinics. Two women sued under Charter rights, and the court ruled the exclusion unconstitutional. The government started funding clinic abortions in July 2004, before the case concluded, and formally amended the regulation in 2005. Today, both hospital and clinic abortions are covered with no co-pay or deductible. You need a Manitoba Health card; people without one pay approximately $452 in Brandon or $500 in Winnipeg.

> "On July 1, 2004, the government began funding abortions at the clinic through the Winnipeg Regional Health Authorities."
> — The Health Services Insurance Act, CCSM c H35

**Legal analysis**

Under The Health Services Insurance Act, CCSM c H35, 'insured services' are those not excluded by regulation. The Excluded Services Regulation, MR 46/93, item 28, originally excluded 'therapeutic abortion, unless performed by a medical practitioner in a hospital.' This exclusion was challenged in Jane Doe 1 v Manitoba, 2004 MBQB 285 (Court of Queen's Bench). Justice Schulman granted summary judgment for the plaintiffs, declaring that the exclusion violated ss 2(a), 7, and 15 of the Charter. Leave to appeal to the Supreme Court of Canada was dismissed (SCC docket 31225). The government began funding clinic abortions at the Jane's Clinic (now Women's Health Clinic) on July 1, 2004, through the Winnipeg Regional Health Authority. The regulation was amended in November 2005 (MR 170/2005) to add clause (c): 'in a facility approved by the minister,' thereby bringing the free-standing clinic within the public funding scheme. Today, abortions at the Women's Health Clinic and at hospitals are fully insured. The Canada Health Act, RSC 1985, c C-6, requires provinces to cover all 'medically necessary' services without user charges; clinic fees would constitute a user charge subject to federal deduction.

*Sources — Verified at source · High confidence · The Health Services Insurance Act, CCSM c H35, s 1(1), [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/h035.php) · Excluded Services Regulation, Man Reg 46/93, s 2, item 28, s 2, item 28, [Manitoba Laws Website](https://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=46%2F93) · Jane Doe 1 v Manitoba, 2004 MBQB 285, [CanLII](https://www.canlii.org/en/mb/mbqb/doc/2004/2004mbqb285/2004mbqb285.html) · Canada Health Act, RSC 1985, c C-6, s 12(1)(a), [Justice Laws Website](https://laws-lois.justice.gc.ca/eng/acts/C-6/)*

### Clinic vs hospital funding

**Clinic abortions publicly funded since 2004**

Following the Jane Doe 1 Charter ruling in 2004, the province funds abortions at the Women's Health Clinic, a free-standing clinic, on the same basis as hospital abortions.

Abortions at the Women's Health Clinic in Winnipeg are paid for by Manitoba Health just like hospital abortions. This is because of a successful Charter lawsuit in 2004, in which the court ruled that refusing to fund clinic abortions violated women's rights to liberty and security of the person. The government began paying for clinic abortions in July 2004 and formally changed the regulation in 2005. There is no longer any legal distinction between a hospital abortion and a clinic abortion for funding purposes in Manitoba.

> "On July 1, 2004, the government began funding abortions at the clinic through the Winnipeg Regional Health Authorities."
> — Jane Doe 1 v Manitoba, 2004 MBQB 285

**Legal analysis**

The original text of MR 46/93, item 28 excluded clinic abortions. In Jane Doe 1 v Manitoba, 2004 MBQB 285, the Court of Queen's Bench granted the plaintiffs' motion for summary judgment, declaring that the exclusion of clinic abortions violated Charter ss. 2(a), 7, and 15. The province's appeal was dismissed by the Manitoba Court of Appeal (2005 MBCA 109), and leave to the Supreme Court of Canada was denied. Crucially, the government began funding clinic abortions on July 1, 2004 — before the appeal was decided — through the Winnipeg Regional Health Authority. The regulation was formally amended in November 2005 (MR 170/2005) to add paragraph (c) to item 28: 'in a facility approved by the minister.' The Women's Health Clinic accordingly receives public funding. Manitoba is thus unlike the historical New Brunswick regime (Regulation 84-20, invalidated in Morgentaler v New Brunswick, 2009 NBCA 26) that explicitly excluded clinic abortions from insured services. No Canada Health Act enforcement action is currently pending against Manitoba regarding clinic funding.

*Sources — Verified at source · High confidence · Jane Doe 1 v Manitoba, 2004 MBQB 285, [CanLII](https://www.canlii.org/en/mb/mbqb/doc/2004/2004mbqb285/2004mbqb285.html) · Excluded Services Regulation, Man Reg 46/93, s 2, item 28(c), s 2, item 28(c), [Manitoba Laws Website](https://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=46%2F93) · Doe et al v Government of Manitoba, 2005 MBCA 109, [CanLII](https://www.canlii.org/en/mb/mbca/doc/2005/2005mbca109/2005mbca109.html)*

### Reciprocal billing

**Abortion removed from reciprocal exclusion list**

Since June 2015, abortion is no longer excluded from interprovincial reciprocal billing, so Manitoba residents can obtain a funded abortion in another province and non-residents can do so in Manitoba.

If you are a Manitoba resident and need an abortion while in another province (except Quebec), your Manitoba Health card should be accepted without you having to pay upfront. This is because in 2015 the interprovincial committee that manages reciprocal billing agreed to remove abortion from the list of excluded services. Previously, abortion was on that exclusion list alongside cosmetic surgery and other non-urgent procedures, meaning patients had to pay out of pocket and seek reimbursement — a serious problem for time-sensitive care. The change means abortion is now treated like any other insured medical service when you travel across provincial borders.

> "In June 2015, the Interprovincial Health Insurance Agreements Coordinating Committee agreed that abortion be removed from the list of services excluded from reciprocal billing."
> — Abortion and Reciprocal Billing, Abortion Rights Coalition of Canada, Position Paper #4 (updated Feb 2017)

**Legal analysis**

Abortion was historically listed as an excluded service under the Interprovincial Health Insurance Agreements, meaning it was not eligible for reciprocal billing when a patient received the service outside their home province. In June 2015, the Interprovincial Health Insurance Agreements Coordinating Committee agreed to remove 'therapeutic abortion' from the list of excluded services. This was a policy-level change driven by advocacy from the Abortion Rights Coalition of Canada and facilitated by New Brunswick's 2015 repeal of Regulation 84-20 (which had been the main obstacle). As a result, Manitoba residents who present their health card in another Canadian province (except Quebec, which does not participate in the physician-services agreement) should receive abortion care without point-of-service charges. Similarly, residents of other provinces can receive funded abortions in Manitoba. However, patients are advised to verify coverage before receiving care, as individual physician billing practices vary.

*Sources — Verify before publication · Medium confidence · Abortion and Reciprocal Billing, Abortion Rights Coalition of Canada, Position Paper #4 (updated Feb 2017), p 1, [Abortion Rights Coalition of Canada](https://www.arcc-cdac.ca/media/position-papers/04-Reciprocal-Billing.pdf)*

**Editor's note.** The 2015 committee decision is documented by ARCC but the committee's decisions are not published in an easily accessible government source; re-verify with Manitoba Health Out-of-Province Claims before publication.

### Travel assistance

**Northern and out-of-province travel subsidies available**

The Northern Patient Transportation Program subsidizes travel for northern Manitoba residents, and the Out-of-Province Transportation Subsidy Program covers eligible travel when care is unavailable in Manitoba.

If you live in northern Manitoba and need to travel for an abortion, the Northern Patient Transportation Program provides a subsidy for transportation costs like bus, car, train, or air travel. The program is administered by the Northern Health Region. For residents anywhere in the province who need an abortion that cannot be provided in Manitoba (for example, beyond 20 weeks), the Out-of-Province Transportation Subsidy Program may cover part of the travel costs if a Manitoba specialist refers you and Manitoba Health approves the referral. These programs are subsidies, not full coverage — you typically have to pay upfront and get reimbursed, and meals, hotels, and taxis are not covered. First Nations residents with treaty status on reserve may instead be covered by the federal Non-Insured Health Benefits medical transportation program.

> "NPTP is the Northern Patient Transportation Program. It is a provincial government program of Manitoba Health and administered by the Northern Health Region which subsidizes the travel costs of Northern residents to attend required medical appointments."
> — Northern Patient Transportation Program, Northern Health Region

**Legal analysis**

Manitoba operates two relevant travel-assistance programs: (1) The Northern Patient Transportation Program (NPTP), a provincial program administered by the Northern Health Region that subsidizes travel costs (bus, car, train, air) for residents above the 53rd parallel to attend medically required appointments. It is a subsidy, not full coverage; accommodation and meals are not generally covered. (2) The Out-of-Province Transportation Subsidy Program, under which a Manitoba specialist must apply to Manitoba Health for prior approval of out-of-province treatment not available in Manitoba. If approved, Manitoba Health reimburses the lowest economy airfare, train, or bus fare. Out-of-country referrals (e.g., to the United States) require demonstration that all Canadian resources are exhausted. Both programs require upfront payment with subsequent reimbursement. The federal Non-Insured Health Benefits program covers medical transportation for First Nations residents with treaty status on reserve. Action Canada for Sexual Health and Rights also operates the Norma Scarborough Fund, a charitable grant for travel costs related to abortion.

*Sources — Verified at source · High confidence · Northern Patient Transportation Program, Northern Health Region, [Northern Health Region](https://northernhealthregion.com/patient-info/nptp) · Out-of-Province Coverage, Manitoba Health, Travel Subsidy section, [Manitoba Health](https://www.gov.mb.ca/health/mhsip/out-of-province-coverage.html)*

## Service availability

### Where available

**Winnipeg and Brandon only for surgical services**

Surgical abortion is provided at Women's Health Clinic and Health Sciences Centre in Winnipeg, and at Brandon Regional Health Centre; medication abortion is concentrated in these same centres plus some rural telehealth.

Surgical abortion is only available in two Manitoba cities: Winnipeg and Brandon. In Winnipeg, the Women's Health Clinic offers aspiration abortion up to 16 weeks, and the Health Sciences Centre (Women's Hospital) handles procedures up to 19 weeks and 6 days. In Brandon, the Regional Health Centre provides surgical abortion up to 12 weeks and medication abortion up to 9 weeks. For medication abortion, you can get Mifegymiso through the Women's Health Clinic (up to 10 weeks), Brandon Regional Health Centre (up to 9 weeks), and some primary care providers who prescribe via telehealth. Anyone living outside Winnipeg and Brandon — which includes all of rural and northern Manitoba — must travel, often significant distances. You can self-refer by calling the Women's Health Clinic at 1-866-947-1517, or in Brandon call Public Health at 204-578-2513.

> "At Women's Health Clinic, medication abortions are available for people who are up to ten weeks pregnant. Aspiration abortions are available for people who are up to 16 weeks pregnant. ... Health Sciences Centre provides aspiration abortions for people up to 19 weeks and six days pregnant."
> — Abortion Care, Women's Health Clinic

**Legal analysis**

Abortion services in Manitoba are provided at three main sites: (1) Women's Health Clinic (Winnipeg), a free-standing clinic accredited by the College of Physicians and Surgeons of Manitoba, offering medication abortion up to 10 weeks and aspiration abortion up to 16 weeks; (2) Health Sciences Centre Women's Hospital (Winnipeg), offering aspiration abortion up to 19 weeks and 6 days; (3) Brandon Regional Health Centre, offering medication abortion up to 9 weeks and surgical abortion up to 12 weeks. The Manitoba Physician's Manual includes billing codes for virtual medical abortion care, enabling telehealth prescribing, though this remains unevenly distributed. Primary care providers and nurse practitioners elsewhere in Manitoba may prescribe Mifegymiso, but concentrated provider availability and pharmacy dispensing in rural and northern areas limits practical access. Residents of northern Manitoba and rural areas outside Brandon must travel to one of these centres; there are no surgical abortion services in Thompson, The Pas, Flin Flon, or other northern communities. The Sexuality Education Resource Centre (SERC) provides abortion referral navigation across the province.

*Sources — Verified at source · High confidence · Abortion Care, Women's Health Clinic, [Women's Health Clinic](https://womenshealthclinic.org/services/abortion-care) · Abortion Options & Information in Manitoba (March 2026), SERC, p 1, [Sexuality Education Resource Centre Manitoba](https://serc.mb.ca/wp-content/uploads/2026/03/SERC-MB-Abortion-Resource-2026-PDF.pdf)*

**Editor's note.** The SERC resource (March 2026) lists medication abortion up to 9 weeks in Brandon vs 10 weeks at Women's Health Clinic, and surgical up to 12 weeks in Brandon. Re-verify with Brandon Regional Health Centre directly before publication.

### Gestational service limits

**Service policy limits, not legal limits**

No law limits gestational age for abortion in Manitoba, but service policy caps range from 9 weeks (medication in Brandon) to 19 weeks 6 days (aspiration in Winnipeg); beyond that patients are referred out of province.

There is no law in Manitoba that says you can only have an abortion up to a certain week of pregnancy. The limits you hear about are set by each hospital or clinic based on what their staff are trained and equipped to provide, not by law. In practice, medication abortion is available up to about 9-10 weeks, surgical abortion up to 12 weeks in Brandon, up to 16 weeks at the Women's Health Clinic in Winnipeg, and up to 19 weeks and 6 days at the Health Sciences Centre. If you are past that point, the clinic or hospital will refer you to another province — often Alberta, British Columbia, or the United States — where services for later gestations are available. These limits are service-policy and capacity decisions, not statutory prohibitions.

> "If the pregnancy is over 16 weeks, the Women's Health Clinic offers referrals to the Health Science Centre for surgical abortions up to 19 weeks and 6 days of pregnancy."
> — Abortion Options & Information in Manitoba (March 2026), SERC

**Legal analysis**

No Manitoba statute or regulation imposes a gestational limit on abortion. The operative gestational limits are purely service-policy decisions made by individual facilities: Women's Health Clinic (medication up to 10 weeks, aspiration up to 16 weeks), Health Sciences Centre (aspiration up to 19 weeks 6 days), Brandon Regional Health Centre (medication up to 9 weeks, surgical up to 12 weeks). For patients beyond 19 weeks 6 days, referral out of province is the standard pathway — typically to Alberta (access through clinics in Calgary or Edmonton that provide services to 20+ weeks) or to the United States. The Out-of-Province Transportation Subsidy Program requires a Manitoba specialist's referral and prior approval from Manitoba Health. For out-of-country referrals, the program requires that all Canadian resources be exhausted and covers only 75% of hospital costs in the US. These later-gestation barriers are a product of service concentration and capacity limitations, not legislative restriction.

*Sources — Verified at source · High confidence · Abortion Options & Information in Manitoba (March 2026), SERC, p 1, [Sexuality Education Resource Centre Manitoba](https://serc.mb.ca/wp-content/uploads/2026/03/SERC-MB-Abortion-Resource-2026-PDF.pdf) · Out-of-Province Coverage, Manitoba Health, Out-of-Province Medical Referrals section, [Manitoba Health](https://www.gov.mb.ca/health/mhsip/out-of-province-coverage.html)*

## Methods

### Procedural surgical

**Physician-performed, clinic or hospital**

Aspiration (surgical) abortion is performed by physicians at three sites in Manitoba: the Women's Health Clinic, Health Sciences Centre, and Brandon Regional Health Centre, all CPSM-accredited or hospital-standard facilities.

Surgical abortion — also called aspiration abortion — is a procedure done by a doctor to remove pregnancy tissue from the uterus. In Manitoba, it is offered at three locations: the Women's Health Clinic in Winnipeg (up to 16 weeks), the Health Sciences Centre Women's Hospital in Winnipeg (up to 19 weeks and 6 days), and the Brandon Regional Health Centre (up to 12 weeks). The procedure takes about 3 to 10 minutes, is done with sedation and pain medication through an IV, and has about an hour of recovery time. It is more than 99% effective. Only physicians perform surgical abortions in Manitoba; nurse practitioners and midwives do not perform procedural abortion in this province. All facilities are accredited and must meet professional standards overseen by the College of Physicians and Surgeons of Manitoba.

> "CPSM registrants may perform any medical procedure (including abortion) on a patient in Manitoba so long as that medical procedure is not a criminal offence in Canada."
> — CPSM Guidance Re: Abortions (July 29, 2022)

**Legal analysis**

Procedural abortion in Manitoba is performed by licensed physicians under the regulatory authority of the College of Physicians and Surgeons of Manitoba (CPSM) pursuant to The Regulated Health Professions Act, CCSM c R117, and the CPSM's Standards of Practice of Medicine. The CPSM's July 29, 2022 guidance confirmed that 'CPSM registrants may perform any medical procedure (including abortion) on a patient in Manitoba so long as that medical procedure is not a criminal offence in Canada.' The Women's Health Clinic is a CPSM-accredited non-hospital surgical facility. Hospital-based services at Health Sciences Centre and Brandon Regional Health Centre operate under Shared Health and Prairie Mountain Health respectively. No statutory restriction limits who may perform procedural abortion, but in practice only physicians do so; Manitoba has no nurse-practitioner or midwife provision for aspiration abortion. Facility standards are governed by hospital accreditation and CPSM facility accreditation requirements.

*Sources — Verified at source · High confidence · CPSM Guidance Re: Abortions (July 29, 2022), [College of Physicians and Surgeons of Manitoba](https://www.cpsm.mb.ca/news/cpsm-guidance-re-abortions) · Abortion Options & Information in Manitoba (March 2026), SERC, p 2, [Sexuality Education Resource Centre Manitoba](https://serc.mb.ca/wp-content/uploads/2026/03/SERC-MB-Abortion-Resource-2026-PDF.pdf)*

### Medication

**Universally free Mifegymiso, pharmacy-dispensed**

Mifegymiso is universally covered at no cost for all Manitoba residents with a valid health card, dispensed at any community pharmacy with a prescription, including by telehealth.

Mifegymiso — often called the abortion pill — is a combination of two medications (mifepristone and misoprostol) taken at home to end an early pregnancy. In Manitoba, Mifegymiso is completely free for anyone with a valid Manitoba Health card: you just take your prescription to any pharmacy, show your health card, and pay nothing — no deductible, no co-pay. The drug can be prescribed by a doctor or nurse practitioner, including through a telehealth appointment. The province began providing universal no-cost coverage in September 2019. Before that, Mifegymiso was only free if you had Pharmacare coverage or got it directly from a clinic; otherwise it cost about $300. You take the first pill at the clinic or during your appointment, and the second set of pills at home about 24-48 hours later, then have a follow-up about a week or two later. It is about 98% effective.

> "Clients presenting with a valid Manitoba Health card and a prescription from an authorized prescriber should not be charged any out-of-pocket costs and even if the client is enrolled in Pharmacare or another provincial drug program (eg. Family Services/EIA), there is no requirement to meet a deductible or co-pay."
> — Claims Submission Procedure – Mifegymiso, Manitoba Health, Seniors and Active Living, effective September 1, 2019

**Legal analysis**

Mifegymiso (DIN 02444038) is regulated federally by Health Canada under the Food and Drugs Act. The drug was approved in July 2015, reached the Canadian market in January 2017, and Health Canada has progressively relaxed dispensing requirements: the gestational limit was raised from 7 to 9 weeks in November 2017, the mandatory ultrasound requirement was removed, and pharmacists were authorized to dispense directly to patients rather than requiring physician-observed ingestion. In Manitoba, universal public coverage was implemented effective September 1, 2019, through the Claims Submission Procedure – Mifegymiso, which directs pharmacies to submit claims as Drug Utilization (DU) only and to charge the patient nothing. The province reimburses the pharmacy for the ingredient cost plus a $30 professional fee. Prescribers include physicians and nurse practitioners. The Manitoba Physician's Manual includes billing codes for virtual medical abortion care. As of 2026, service policy limits are 9 weeks in Brandon and 10 weeks at Women's Health Clinic, though Health Canada's product monograph now supports use up to 10 weeks (70 days). Pharmacists are authorized to dispense Mifegymiso directly to patients at any community pharmacy.

*Sources — Verified at source · High confidence · Claims Submission Procedure – Mifegymiso, Manitoba Health, Seniors and Active Living, effective September 1, 2019, p 1, [Manitoba Health](https://www.gov.mb.ca/health/pharmacare/profdocs/csp_mifegymiso.pdf) · Manitoba now providing universal coverage of the abortion pill, Global News, October 4, 2019, [Global News](https://globalnews.ca/news/5991715/manitoba-now-providing-universal-coverage-of-the-abortion-pill) · Health Canada approves updates to Mifegymiso prescribing information, [Health Canada](https://www.canada.ca/en/health-canada/services/drugs-health-products/drug-products/fact-sheets/mifegymiso.html)*

### Self managed

**No criminal exposure; importation edges remain**

Self-managing an abortion — including obtaining pills by mail — carries no criminal penalty in Canada, but ordering from abroad raises drug-importation issues under the Food and Drugs Act and professional regulators have not addressed the scenario.

There is no criminal law in Canada that makes it a crime for you to end your own pregnancy, including by obtaining abortion pills yourself. The Criminal Code sections that used to criminalize abortion were repealed in 2019. Health Canada, however, regulates which drugs can be imported, and Mifegymiso is a prescription drug — so ordering pills from a foreign pharmacy by mail technically violates federal drug-import regulations, though these are not enforced against individuals seeking their own health care and no one has ever been prosecuted in Canada for importing abortion pills for personal use. In practice, the bigger barriers are the cost of ordering pills privately (since the free public pathway requires seeing a Manitoba prescriber) and the risk of getting substandard medication from unregulated sources.

> "Sections 287 and 288 of the Criminal Code are repealed."
> — Budget Implementation Act, 2019, No 1, SC 2019, c 29, s 292

**Legal analysis**

Since the repeal of Criminal Code ss 287-288 by the Budget Implementation Act, 2019, No 1 (SC 2019, c 29, s 292), no criminal provision in Canada prohibits self-managed abortion. A person who terminates their own pregnancy, or assists another person in doing so outside a clinical setting, faces no criminal liability in Canada. However, Mifegymiso is a prescription drug regulated under the Food and Drugs Act, RSC 1985, c F-27, and the Food and Drug Regulations, CRC, c 870. Importing prescription drugs without a licence from Health Canada violates s C.01.045 of the regulations. In practice, Health Canada has not enforced personal importation of abortion pills. Provincial professional regulators (CPSM, CRNM) have not issued guidance specifically addressing self-managed abortion; their standards apply to registrants, not patients. There is no Manitoba statute criminalizing or penalizing self-managed abortion. The principal legal vulnerability, if any, lies in federal drug importation rules rather than abortion-specific law.

*Sources — Semi-verified · High confidence · Budget Implementation Act, 2019, No 1, SC 2019, c 29, s 292, s 292, [Justice Laws Website](https://laws-lois.justice.gc.ca/eng/AnnualStatutes/2019_29/) · Food and Drugs Act, RSC 1985, c F-27, s 9, [Justice Laws Website](https://laws-lois.justice.gc.ca/eng/acts/F-27/)*

**Editor's note.** The legal analysis regarding non-enforcement of personal importation is based on general regulatory practice, not Manitoba-specific policy. Re-verify with Health Canada's current enforcement posture before publication. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Providers and regulation

### Who may provide

**Physicians and nurse practitioners may prescribe**

Physicians may perform procedural abortion and prescribe Mifegymiso; nurse practitioners may prescribe Mifegymiso; pharmacists may dispense it; midwives do not currently provide abortion in Manitoba.

Only doctors (physicians) perform surgical abortions in Manitoba. For medication abortion, both doctors and nurse practitioners can prescribe Mifegymiso, and you can fill the prescription at any community pharmacy. Some nurse practitioners in Manitoba prescribe Mifegymiso, especially through telehealth, which helps people in rural and northern areas. Midwives in Manitoba do not currently have abortion in their scope of practice, though some provinces like British Columbia, Quebec, and Saskatchewan allow midwives to prescribe Mifegymiso. Pharmacists can dispense Mifegymiso directly to patients with a prescription.

> "Ensure the prescription is written by an authorized prescriber."
> — Claims Submission Procedure – Mifegymiso, Manitoba Health

**Legal analysis**

Under The Regulated Health Professions Act, CCSM c R117, and profession-specific regulations, physicians are authorized to perform the controlled act of 'performing a procedure on tissue below the dermis' (including surgical abortion) and to prescribe drugs. Nurse practitioners, regulated under the Registered Nurses Act and regulations of the College of Registered Nurses of Manitoba (CRNM), are authorized to prescribe drugs within their scope of practice, which includes Mifegymiso. The CRNM's Practice Direction: Practice Expectations for RN(NP)s confirms NP prescribing authority. Midwives in Manitoba, regulated by the College of Midwives of Manitoba, do not have abortion provision within their current scope; the College's prescribing standards list does not include Mifegymiso or abortion procedures. Pharmacists are authorized to dispense prescription drugs under the Pharmaceutical Act and the Manitoba Pharmaceutical Association's oversight. The Claims Submission Procedure – Mifegymiso explicitly directs community pharmacists to dispense the product to any Manitoba resident with a valid health card and prescription from an 'authorized prescriber.'

*Sources — Verified at source · High confidence · Claims Submission Procedure – Mifegymiso, Manitoba Health, p 1, [Manitoba Health](https://www.gov.mb.ca/health/pharmacare/profdocs/csp_mifegymiso.pdf) · Practice Direction: Practice Expectations for RN(NP)s, CRNM, p 3, [College of Registered Nurses of Manitoba](https://www.crnm.mb.ca/wp-content/uploads/2022/01/RNNP-Practice-and-Prescribing-Expectations-1.pdf) · CPSM Guidance Re: Abortions (July 29, 2022), [College of Physicians and Surgeons of Manitoba](https://www.cpsm.mb.ca/news/cpsm-guidance-re-abortions)*

**Editor's note.** Midwifery scope regarding Mifegymiso was not confirmed at the College of Midwives of Manitoba website; re-verify with the College directly before publication.

### Conscience and referral

**Physicians: no effective referral; nurses: effective referral required**

The CPSM permits physicians with a conscience-based objection to decline to refer a patient but requires providing an information resource; the CRNM requires nurses to make a timely referral in good faith to a non-objecting provider.

If a doctor in Manitoba has a moral or religious objection to abortion, the College of Physicians and Surgeons of Manitoba says the doctor can refuse to provide the abortion and can even refuse to refer you to another doctor who will provide it — but they must give you access to a resource that has accurate information about the service. This is different from Ontario, where the regulator requires an 'effective referral' (a direct referral to a willing provider). Manitoba's nurses, however, are required by their regulator to make a timely referral in good faith to a non-objecting provider who can carry out the patient's request. In practice, if a patient encounters an objecting nurse, the nurse must inform their supervisor and ensure the patient's request reaches a willing provider.

> "On the grounds of a conscience-based objection, a registrant who receives a request about a medical treatment or procedure that a patient needs or wants may refuse to: ... refer the patient to another registrant who will provide it. ... A registrant who refuses to refer a patient ... must: ... provide the patient with timely access to a resource that will provide accurate information."
> — CPSM Standard of Practice of Medicine — Good Medical Care, s 10 (Conscience-Based Objection), effective January 1, 2019, revised March 19, 2021

**Legal analysis**

The College of Physicians and Surgeons of Manitoba's Standard of Practice of Medicine — Good Medical Care (effective January 1, 2019, revised to March 19, 2021), section 10, governs conscience-based objection. Subsection 10.3 provides that a registrant, on grounds of conscience, may refuse to (a) provide a treatment, (b) personally offer specific information about it, or (c) refer the patient to another registrant who will provide it. Subsection 10.4 requires that the registrant must: inform the patient promptly, provide timely access to 'a resource that will provide accurate information about a medical treatment or procedure,' continue unrelated care, make the patient's chart available, and document the interaction. This standard falls short of the 'effective referral' requirement upheld in Christian Medical and Dental Society v College of Physicians and Surgeons of Ontario, 2019 ONCA 393. By contrast, the College of Registered Nurses of Manitoba's Duty to Provide Care (2019, reviewed 2024) requires nurses asserting conscientious objection to: inform both supervisor and employer, 'make a timely referral, in good faith, to a non-objecting provider who can carry out the client's request, and following up on that referral,' and continue unrelated care. Thus, Manitoba has a regulatory split: physicians are not required to make an effective referral, while nurses are.

**Conflicting authority.** The CPSM standard and the CRNM Duty to Provide Care impose different obligations: physicians may decline to refer, nurses must refer. This creates a regulatory asymmetry between professions in the same clinical setting.

*Sources — Verified at source · High confidence · CPSM Standard of Practice of Medicine — Good Medical Care, s 10 (Conscience-Based Objection), effective January 1, 2019, revised March 19, 2021, ss 10.3, 10.4, [College of Physicians and Surgeons of Manitoba](https://cpsm.mb.ca/assets/Standards%20of%20Practice/Standard%20of%20Practice%20Good%20Medical%20Care.pdf) · CRNM Duty to Provide Care (2019, reviewed 2024), p 5, [College of Registered Nurses of Manitoba](https://www.crnm.mb.ca/wp-content/uploads/2022/01/Duty-to-Provide-Care-2025.pdf) · Christian Medical and Dental Society v College of Physicians and Surgeons of Ontario, 2019 ONCA 393, headnote, [CanLII](https://www.canlii.org/en/on/onca/doc/2019/2019onca393/2019onca393.html)*

### Institutional refusal

**St. Boniface Hospital bans non-therapeutic abortion**

St. Boniface Hospital, a publicly funded Catholic institution in Winnipeg, does not provide non-therapeutic abortions under its faith-based governance, though patients are transferred elsewhere for care.

St. Boniface Hospital in Winnipeg is a large public hospital governed by the Catholic Health Corporation of Manitoba. Because of its Catholic affiliation, the hospital's board has a policy against performing non-therapeutic abortions on site. This means that if you go to St. Boniface needing an abortion, you will not receive one there and will instead need to be transferred or directed to another facility, such as the Health Sciences Centre or the Women's Health Clinic. The hospital is still fully publicly funded. This type of institutional refusal is permitted in Manitoba; the province has not passed a law requiring all publicly funded hospitals to provide abortion services. The hospital reports that it has protocols to transfer patients 'in a manner that is safe and dignified.' For emergency situations where a pregnancy threatens a patient's life, the hospital's policy and its application may differ, but its public position is that non-therapeutic abortion is not performed.

> "Along with assisted dying, St. Boniface Hospital also bans non-therapeutic abortions."
> — Critics decry St. Boniface Hospital for banning medical-assisted deaths, CBC News, June 19, 2017

**Legal analysis**

St. Boniface Hospital, governed by the Catholic Health Corporation of Manitoba, maintains a policy prohibiting non-therapeutic abortions on site, as confirmed by CBC News reporting in June 2017. The policy is rooted in Catholic Ethical and Religious Directives applied through the hospital's faith-based governance structure. Manitoba's Health Minister at the time, Kelvin Goertzen, stated the province 'respects the decisions by healthcare facilities who elect not to provide' certain services but requires protocols for safe patient transfers. This institutional refusal is distinct from individual conscience objections and operates at the facility level. Manitoba has not enacted legislation requiring all publicly funded hospitals to provide abortion, nor has it enacted a statutory conscience clause for institutions. The Canada Health Act requires provinces to ensure reasonable access to insured services; whether institutional refusal by a publicly funded hospital violates the accessibility criterion has not been tested in litigation in Manitoba. The practical consequence is that patients in Winnipeg's St. Boniface catchment area must seek care at other facilities — the Health Sciences Centre, Women's Health Clinic, or, for later gestations, out of province.

*Sources — Verified at source · Medium confidence · Critics decry St. Boniface Hospital for banning medical-assisted deaths, CBC News, June 19, 2017, [CBC News](https://www.cbc.ca/news/canada/manitoba/st-boniface-hospital-maid-1.4168383)*

**Editor's note.** The CBC report is from 2017; the St. Boniface Hospital's current policy should be re-verified directly with the institution or the Winnipeg Regional Health Authority before publication. Also verify whether Concordia Hospital or Misericordia Health Centre have similar policies.

## Safe access zones

**Statute in force, 50m default clinic zone**

The Safe Access to Abortion Services Act, in force February 1, 2025, creates automatic 50-metre access zones around all clinics and prescribed facilities, prohibits specified interfering conduct, and provides for fines, imprisonment, civil damages, and injunctions.

Since February 1, 2025, Manitoba has a law that creates protected zones around places where abortion services are provided. Within 50 metres of any abortion clinic, and any prescribed facility (like a hospital), it is illegal to: try to persuade someone not to access abortion services; display signs or images about abortion; perform acts of disapproval; repeatedly request someone not to get or provide an abortion; physically interfere with or intimidate someone; take photos or videos of patients or providers; or make loud noise for the purpose of dissuading someone. The same protections extend up to 150 metres from the homes of designated abortion providers. The law also prohibits harassing providers anywhere — following them, repeatedly contacting them, or engaging in threatening conduct. A first offence can bring a fine of up to $5,000, up to six months in jail, or both. A clinic patient or provider can also sue someone who violates the law for damages and can ask a court for an injunction to stop the behaviour.

> "While in an access zone established under section 6 for a clinic or prescribed facility, a person must not (a) advise or persuade or attempt to advise or persuade a person to refrain from accessing abortion services; (b) inform or attempt to inform a person concerning issues related to abortion services by any means, including oral, written or graphic means; (c) perform or attempt to perform an act of disapproval concerning issues related to abortion services by any means."
> — The Safe Access to Abortion Services Act, CCSM c S4, ss 3(1), 6, 8

**Legal analysis**

The Safe Access to Abortion Services Act, CCSM c S4 (SM 2024, c 5), received royal assent on June 4, 2024, and was proclaimed in force on February 1, 2025. It establishes automatic access zones for 'each clinic' (defined as a place whose primary purpose is to provide abortion services) and for each 'prescribed facility' (hospitals, pharmacies, health centres, and provider offices designated by regulation). The default access zone for clinics and prescribed facilities is the land parcel plus 50 metres from the boundary (extendable by regulation to 150 metres). For prescribed protected service providers' residences, the zone is the land parcel plus 150 metres (reducible by regulation). Section 3 prohibits, within clinic/facility access zones: advising or persuading against accessing abortion; informing about abortion issues (oral, written, or graphic); performing acts of disapproval; persistently requesting refraining from access or provision; and, for the purpose of dissuading, repeatedly observing, physically interfering, intimidating, photographing/filming, or generating loud noise. Section 4 prohibits similar conduct in residence access zones. Section 5 prohibits harassment of providers anywhere. Section 8 creates offences: first offence — fine up to $5,000, imprisonment up to 6 months, or both; subsequent offence — fine up to $10,000, imprisonment up to one year, or both. Section 10 creates a civil cause of action for damages. Section 11 permits the Court of King's Bench to grant an injunction. The Act was amended by SM 2026, c 37, s 74 (minor technical amendments). The Act's constitutionality has not been challenged, though analogous legislation in British Columbia was upheld in R v Spratt, 2008 BCCA 340.

*Sources — Verified at source · High confidence · The Safe Access to Abortion Services Act, CCSM c S4, ss 3(1), 6, 8, s 3(1)(a)-(c), [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/s004.php) · The Safe Access to Abortion Services Act, CCSM c S4, s 8, s 8, [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/s004.php) · R v Spratt, 2008 BCCA 340, [CanLII](https://www.canlii.org/en/bc/bcca/doc/2008/2008bcca340/2008bcca340.html)*

**Editor's note.** The Act has been in force only since February 2025 and has not yet been judicially interpreted in Manitoba. Any constitutional challenge would be guided by Spratt, 2008 BCCA 340 but is a distinct Manitoba statute.

## Minors

### Consent capacity

**Mature minor rule, presumed capacity at 16**

Manitoba applies the common-law mature minor doctrine: a minor who understands the nature and consequences of the procedure can consent to abortion without parental involvement; the Health Care Directives Act sets a rebuttable presumption of capacity at age 16.

In Manitoba, you do not need your parent's or guardian's permission to have an abortion. The law recognizes that if you understand what the procedure involves and what it means — known as being a 'mature minor' — you can give your own consent. Manitoba's Health Care Directives Act says that people 16 and older are presumed to have this capacity. For someone under 16, the health care provider will assess whether you have sufficient understanding to make the decision. In practice, abortion providers in Manitoba do not require parental consent or notification, and they encourage young people to involve a trusted adult, but they will not turn someone away for not having a parent involved.

> "In the absence of evidence to the contrary, it shall be presumed for the purpose of this Act (a) that a person who is 16 years of age or more has the capacity to make health care decisions; and (b) that a person who is under 16 years of age does not have the capacity to make health care decisions."
> — The Health Care Directives Act, CCSM c H27, s 4(2)

**Legal analysis**

Manitoba follows the common-law mature minor doctrine for medical consent, as recognized by the Supreme Court of Canada in AC v Manitoba (Director of Child and Family Services), 2009 SCC 30. The Health Care Directives Act, CCSM c H27, s 4(2) establishes a rebuttable presumption that a person 16 years of age or older has capacity to make health care decisions, and a person under 16 is presumed not to have capacity — but crucially, these are rebuttable presumptions. A minor under 16 may be found by a treating provider to have sufficient maturity and understanding to consent. The Act's definition of 'capacity' at s 2 — the ability 'to understand the information that is relevant to making a decision and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision' — applies. Abortion providers in Manitoba (Women's Health Clinic, Brandon Regional Health Centre) do not impose a parental consent or notification requirement. The SERC resource confirms: 'Typically, if someone is over the age of 16, they can provide consent for medical treatments, including abortion. Providing medical treatments for minors, including abortion, depends on the treating practitioner and their determination of the patients' decision-making capacity.'

*Sources — Verified at source · High confidence · The Health Care Directives Act, CCSM c H27, s 4(2), s 4(2), [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/_pdf.php?cap=h27) · The Health Care Directives Act, CCSM c H27, s 2, s 2, [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/_pdf.php?cap=h27) · AC v Manitoba (Director of Child and Family Services), 2009 SCC 30, [2009] 2 SCR 181, [Supreme Court of Canada](https://www.canlii.org/en/ca/scc/doc/2009/2009scc30/2009scc30.html) · Abortion Options & Information in Manitoba (March 2026), SERC, p 4, FAQ, [Sexuality Education Resource Centre Manitoba](https://serc.mb.ca/wp-content/uploads/2026/03/SERC-MB-Abortion-Resource-2026-PDF.pdf)*

### Confidentiality

**Minors' abortion records protected under PHIA**

Under Manitoba's Personal Health Information Act, a minor who consents to their own abortion has the right to control their health information, and parents generally do not have a right to access these records.

If you are a minor and you consent to your own abortion in Manitoba, your medical information belongs to you — not your parents. Under Manitoba's health privacy law, the Personal Health Information Act (PHIA), you control who can see your records. Your parents cannot access your abortion records without your consent. Health care providers are bound to keep your information confidential, with limited exceptions like a legal obligation to report if they believe you are at risk of serious harm. In practice, abortion clinics in Manitoba treat your information as confidential and will not inform your parents or anyone else without your permission.

> "You do not need to share with anyone, including a health care provider, that you have taken abortion medication, or had a surgical abortion."
> — The Personal Health Information Act, CCSM c P33.5

**Legal analysis**

The Personal Health Information Act, CCSM c P33.5 (PHIA), governs the collection, use, and disclosure of personal health information in Manitoba. Under PHIA, a minor who has the capacity to consent to their own treatment — under the mature minor doctrine — is the 'individual' who exercises the rights and powers under the Act, including control over disclosure. Health information custodians may disclose personal health information to a parent only with the minor's consent, unless an exception applies (e.g., the minor lacks capacity and the parent is a substitute decision-maker, or there is a legal duty to report). Abortion providers in Manitoba do not notify parents. The SERC resource confirms: 'You do not need to share with anyone, including a health care provider, that you have taken abortion medication, or had a surgical abortion.' The CPSM's Standard of Practice on Good Medical Care does not require parental notification for minors who independently consent.

*Sources — Verified at source · High confidence · The Personal Health Information Act, CCSM c P33.5, s 2, [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/p033-5e.php) · Abortion Options & Information in Manitoba (March 2026), SERC, p 4, FAQ, [Sexuality Education Resource Centre Manitoba](https://serc.mb.ca/wp-content/uploads/2026/03/SERC-MB-Abortion-Resource-2026-PDF.pdf)*

## Fetal status and paternal rights

### Civil fetal status

**Fetus not a legal person; born-alive rule applies**

Manitoba's Fatal Accidents Act does not recognize a fetus as a 'deceased' person for wrongful death claims; the Supreme Court of Canada's rulings in Winnipeg Child and Family Services v G and Dobson v Dobson confirm the fetus has no legal personhood in Canadian civil law.

Under Manitoba law, a fetus is not considered a legal person. This means that if a pregnancy is lost because of someone's wrongful act — for example, a car accident — the family cannot sue for the 'wrongful death' of the fetus. Manitoba's Fatal Accidents Act only allows claims for the death of a person who, if they had survived, could have sued for their own injuries. Since a fetus has no independent legal standing, no such claim is possible. This is consistent with rulings by the Supreme Court of Canada, which has repeatedly held that a fetus is not a legal person under Canadian law: the Criminal Code's born-alive rule (section 223) says a child becomes a human being only when it has completely proceeded from the body of its mother, and the Supreme Court has confirmed that this principle applies in civil law as well. However, once a child is born alive, a claim can be brought for injuries suffered before birth.

> "A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother, whether or not (a) it has breathed; (b) it has an independent circulation; or (c) the navel string is severed."
> — Criminal Code, RSC 1985, c C-46, s 223(1)

**Legal analysis**

The Fatal Accidents Act, CCSM c F50, s 2(1) creates liability for damages 'Where the death of a person is caused by wrongful act, neglect, or default.' 'Deceased' is defined as 'a person whose death has been caused as mentioned in subsection 2(1).' The Act does not define 'person' to include a fetus, and no Manitoba court has interpreted it to do so. In Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925, the Supreme Court of Canada held that a fetus is not a legal person and that the state cannot detain a pregnant person to protect the fetus. In Dobson v Dobson, [1999] 2 SCR 753, the Court held that a child born alive can sue for prenatal injuries caused by a third party's negligence, but not by the mother's own negligence. The Criminal Code, s 223(1) codifies the born-alive rule: 'A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother.' Manitoba has not enacted legislation departing from these principles or creating a fetal-wrongful-death cause of action. Manitoba's 2000 Law Reform Commission report on fatal accidents did not recommend extending the Act to fetuses.

*Sources — Verified at source · High confidence · Criminal Code, RSC 1985, c C-46, s 223(1), s 223(1), [Justice Laws Website](https://laws-lois.justice.gc.ca/eng/acts/C-46/section-223.html) · Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925, headnote, [Supreme Court of Canada](https://www.canlii.org/en/ca/scc/doc/1997/1997canlii320/1997canlii320.html) · The Fatal Accidents Act, CCSM c F50, s 2(1), [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/reccsm/f050e.php)*

**Editor's note.** The Fatal Accidents Act text was accessed from the archived version (enacted SM 1987-88, c 9). The current consolidated version should be verified at the Manitoba Laws website to confirm no post-1987 amendments address the unborn.

### Paternal rights

**No paternal standing to prevent abortion**

A father or partner has no legal right to prevent an abortion in Manitoba; the Supreme Court of Canada's decision in Tremblay v Daigle forecloses any paternal injunction, and Manitoba has not attempted to create any such right.

In Manitoba, a partner, husband, or biological father has no legal right to stop someone from having an abortion. The Supreme Court of Canada settled this in 1989 in the case of Tremblay v Daigle, ruling that a man cannot get a court order to prevent his partner from terminating a pregnancy. This is because the fetus is not a legal person with rights that a father could enforce, and the decision about whether to continue a pregnancy belongs to the pregnant person alone. Manitoba has never passed any law that would give a partner the right to interfere with an abortion decision. Abortion providers confirm that you do not need your partner's permission to have an abortion.

> "A father has no right to prevent the mother of the fetus from having an abortion. The fetus is not a 'human being' under Quebec law and does not have a right to life under the Quebec Charter."
> — Tremblay v Daigle, [1989] 2 SCR 530

**Legal analysis**

In Tremblay v Daigle, [1989] 2 SCR 530, the Supreme Court of Canada held that a father has no legal standing to seek an injunction to prevent the pregnant person from obtaining an abortion, because the fetus has no legal personality under the Quebec Charter of Human Rights and Freedoms or the Civil Code, and because the father has no right to veto the pregnant person's personal decision. This principle applies equally in Manitoba. Manitoba has not enacted any statute purporting to give a father or partner injunctive or other standing to prevent an abortion. The Fatal Accidents Act does not create any prenatal paternal rights. The Women's Health Clinic explicitly states: 'You do not need the permission of a parent or partner to have an abortion.'

*Sources — Verified at source · High confidence · Tremblay v Daigle, [1989] 2 SCR 530, headnote, [Supreme Court of Canada](https://www.canlii.org/en/ca/scc/doc/1989/1989canlii33/1989canlii33.html) · Abortion Care, Women's Health Clinic, [Women's Health Clinic](https://womenshealthclinic.org/services/abortion-care)*

### Pregnancy and state intervention

**No state detention to protect fetus**

The Supreme Court of Canada in Winnipeg Child and Family Services v G ruled that the state cannot detain or treat a pregnant person to protect the fetus; Manitoba's child-protection statute does not apply to the unborn.

In Manitoba — as across Canada — the government cannot force a pregnant person into medical treatment or detain them against their will to protect the fetus. The Supreme Court of Canada made this clear in a case that began in Manitoba: Winnipeg Child and Family Services tried to get a court order to detain a pregnant woman who was misusing solvents, arguing the fetus needed protection. The Supreme Court said no: a fetus is not a legal person, and the state has no power under child protection laws to interfere with a pregnant person's liberty for the sake of the fetus. Manitoba's child welfare law, the Child and Family Services Act, applies only to children who have been born — it does not give authorities any power over a pregnancy.

> "The common law does not recognize the unborn child as a legal person possessing rights. The result is that a court cannot order the detention of a pregnant woman to protect her unborn child."
> — Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925

**Legal analysis**

In Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925, the Supreme Court of Canada addressed an application by Winnipeg Child and Family Services for an order to detain a pregnant woman for the purpose of preventing harm to her fetus from solvent abuse. The majority held that the common law does not recognize the unborn child as a legal person possessing rights, and that the court cannot order the detention of a pregnant person to protect her unborn child. The Court rejected the argument that the parens patriae jurisdiction should be extended to the unborn, and held that any such extension was a matter for the legislature, not the courts. Manitoba's Child and Family Services Act, CCSM c C80, governs child protection matters but its application is to children who have been born alive. Manitoba has not enacted legislation extending child-protection powers to the prenatal period, and any such attempt would face the constitutional limitations identified in Winnipeg Child and Family Services v G and the division-of-powers constraints articulated in Morgentaler (1993).

*Sources — Semi-verified · High confidence · Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925, headnote, [Supreme Court of Canada](https://www.canlii.org/en/ca/scc/doc/1997/1997canlii320/1997canlii320.html) · The Child and Family Services Act, CCSM c C80, definition of 'child', [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/c080.php)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Telehealth & cross-border

### Telehealth

**Telehealth medical abortion available and billed**

Manitoba physicians can provide medication abortion via telehealth, the Physician's Manual includes a virtual-care billing code, and Mifegymiso can be dispensed at any community pharmacy following a telehealth consultation.

You can get a prescription for Mifegymiso in Manitoba through a telehealth appointment — a phone or video call with a doctor or nurse practitioner — without having to go in person. The Manitoba Physician's Manual includes a billing code specifically for virtual medical abortion care, which means doctors are paid for providing this service remotely. Once you have the prescription, you can take it to any community pharmacy and get the medication for free with your health card. This is especially important for people in rural and northern communities who may not have a local abortion provider but can connect via telehealth.

> "The Manitoba Physician's Manual includes a billing code that physicians can use for virtual medical abortion care."
> — Manitoba, Abortion Access Tracker

**Legal analysis**

The Manitoba Physician's Manual includes a billing code for virtual medical abortion care, enabling physicians to be compensated for telehealth provision. Mifegymiso's Claims Submission Procedure does not require in-person dispensing. Health Canada's progressive deregulation of Mifegymiso — including removal of the mandatory ultrasound requirement and authorization of pharmacy dispensing — supports telehealth models. The CPSM's Good Medical Care standard does not prohibit virtual care for abortion. The CRNM's regulatory framework supports nurse practitioner prescribing via telehealth. However, a patient must still have access to follow-up blood work and ultrasound if needed, and availability of telehealth abortion providers outside Winnipeg and Brandon remains limited in practice. No Manitoba statute separately governs abortion-specific telehealth.

*Sources — Verify before publication · Medium confidence · Manitoba, Abortion Access Tracker, [Abortion Access Tracker (Action Canada for Sexual Health and Rights / LEAF)](https://www.abortionaccesstracker.ca/jurisdictions/manitoba) · Claims Submission Procedure – Mifegymiso, Manitoba Health, p 1, [Manitoba Health](https://www.gov.mb.ca/health/pharmacare/profdocs/csp_mifegymiso.pdf)*

**Editor's note.** The existence of a virtual-care billing code comes from the Abortion Access Tracker, a secondary source. Re-verify with the current Manitoba Physician's Manual at gov.mb.ca before publication.

### Cross border patients

**Non-residents pay; US referrals require approval**

Non-Manitoba residents pay out of pocket for abortion in Manitoba; Manitoba residents needing care beyond 19 weeks 6 days require prior-approval referrals to other provinces or the United States, with partial coverage.

If you are from outside Manitoba and come here for an abortion, you will have to pay. The cost at the Women's Health Clinic in Winnipeg is about $500 for non-residents without a health card, and at Brandon Regional Health Centre about $1,386. If you are a Manitoba resident and need an abortion beyond 19 weeks 6 days, you will be referred out of province — usually to Alberta, British Columbia, or the United States. Manitoba Health requires prior approval: your Manitoba specialist must write to Manitoba Health explaining why the care cannot be provided in Manitoba. If approved, Manitoba Health covers doctor bills at Manitoba rates and hospital bills at standard ward rates in Canada, or up to 75% of hospital costs in the US. You pay the rest. In 2024, Manitoba announced it would accept North Dakota residents seeking abortion, but they must pay out of pocket.

> "If you do not have a Manitoba health card, the approximate cost for an abortion in Brandon for Manitoba residents is $452 per visit, for non-Manitoba residents it is $1386 per visit. The cost of an abortion at Women's Health Clinic in Winnipeg is approximately $500, for residents and non-residents of Manitoba without a health card."
> — Abortion Options & Information in Manitoba (March 2026), SERC

**Legal analysis**

Under the Hospital Services Insurance and Administration Regulation, Man Reg 48/93, and the Excluded Services Regulation, Man Reg 46/93, Manitoba residents without a Manitoba Health card and non-residents are not covered. The Women's Health Clinic and Brandon Regional Health Centre charge non-residents. The Out-of-Province Transportation Subsidy Program requires a prior-approval referral from a Manitoba specialist and covers only transport when Manitoba lacks the service. For US referrals, Manitoba Health covers doctor bills at Manitoba rates and hospital bills 'up to 75 per cent of insured hospital services,' leaving the patient responsible for the balance. The June 2024 announcement regarding North Dakota patients (post-Dobbs) is a political commitment rather than a regulatory change; those patients pay out of pocket. Reciprocal billing agreements apply only to Canadian residents presenting valid provincial health cards; non-Canadian residents have no such coverage.

*Sources — Verified at source · High confidence · Abortion Options & Information in Manitoba (March 2026), SERC, p 1, [Sexuality Education Resource Centre Manitoba](https://serc.mb.ca/wp-content/uploads/2026/03/SERC-MB-Abortion-Resource-2026-PDF.pdf) · Out-of-Province Coverage, Manitoba Health, Out-of-Province Medical Referrals section, [Manitoba Health](https://www.gov.mb.ca/health/mhsip/out-of-province-coverage.html)*

## Recent changes

- **July 1, 2004** — The Government of Manitoba began funding clinic abortions at Jane's Clinic (now Women's Health Clinic) through the Winnipeg Regional Health Authority, following the December 2004 Court of Queen's Bench ruling in Jane Doe 1 v Manitoba that the clinic-funding exclusion violated Charter ss. 2(a), 7, and 15.
  *Sources — Jane Doe 1 v Manitoba, 2004 MBQB 285; see also Erdman, 'In the Back Alleys of Health Care: Abortion, Equality and Community,' Dalhousie Law Journal, 2007, [CanLII](https://www.canlii.org/en/mb/mbqb/doc/2004/2004mbqb285/2004mbqb285.html)*
- **November 1, 2005** — Manitoba amended the Excluded Services Regulation (MR 46/93), adding clause (c) to item 28 — 'in a facility approved by the minister' — formally bringing free-standing clinic abortions within the public insurance scheme after the Jane Doe 1 Charter decision.
  *Sources — Excluded Services Regulation, Man Reg 46/93, s 2, item 28, as amended by MR 170/2005, s 2, item 28(c), [Manitoba Laws Website](https://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=46%2F93)*
- **June 1, 2015** — The Interprovincial Health Insurance Agreements Coordinating Committee removed therapeutic abortion from the list of services excluded from reciprocal billing, enabling Manitoba residents to obtain funded abortions in other provinces and territories without point-of-service charges.
  *Sources — Abortion Rights Coalition of Canada, Position Paper #4, 'Abortion and Reciprocal Billing,' updated February 2017, p 1, [Abortion Rights Coalition of Canada](https://www.arcc-cdac.ca/media/position-papers/04-Reciprocal-Billing.pdf)*
- **January 1, 2017** — Mifegymiso became commercially available in Canada after Health Canada's July 2015 approval; Manitoba initially provided coverage only through Pharmacare deductible plans and Women's Health Clinic, creating a cost barrier of approximately $300 for uninsured patients.
  *Sources — CBC News, 'Abortion pill Mifegymiso months away from coming to Manitoba,' February 9, 2017, [CBC News](https://www.cbc.ca/news/canada/manitoba/mifegymiso-abortion-pill-not-in-manitoba-1.3967489)*
- **January 1, 2019** — The College of Physicians and Surgeons of Manitoba's Standard of Practice — Good Medical Care took effect, including section 10 on conscience-based objection permitting physicians to refuse to provide or refer for a procedure on grounds of conscience while requiring provision of an information resource.
  *Sources — CPSM Standard of Practice of Medicine — Good Medical Care, effective January 1, 2019, s 10.3, [College of Physicians and Surgeons of Manitoba](https://cpsm.mb.ca/assets/Standards%20of%20Practice/Standard%20of%20Practice%20Good%20Medical%20Care.pdf)*
- **September 1, 2019** — Manitoba implemented universal no-cost coverage of Mifegymiso for all residents with a valid Manitoba Health card, eliminating deductibles and co-pays and providing direct pharmacy reimbursement.
  *Sources — Claims Submission Procedure – Mifegymiso, Manitoba Health, effective September 1, 2019, p 1, [Manitoba Health](https://www.gov.mb.ca/health/pharmacare/profdocs/csp_mifegymiso.pdf)*
- **February 1, 2025** — The Safe Access to Abortion Services Act, CCSM c S4 (SM 2024, c 5), came into force, creating automatic access zones of 50 metres around all clinics and prescribed facilities and up to 150 metres around provider residences, with penalties of up to $5,000 fine and six months' imprisonment for a first offence.
  *Sources — The Safe Access to Abortion Services Act, CCSM c S4 (SM 2024, c 5), proclaimed in force February 1, 2025, Proclamation status note, [Manitoba Laws Website](https://web2.gov.mb.ca/laws/statutes/ccsm/s004.php)*

## Pending changes

### Potential expansion of midwifery scope of practice to include medication abortion (Policy)

**Status.** Not formally initiated in Manitoba; other provinces (BC, Quebec, Saskatchewan) have expanded midwifery scope to include Mifegymiso prescribing.

If Manitoba's College of Midwives expands the midwifery pharmacopeia to include Mifegymiso, medication abortion access would broaden into midwifery-led care settings, particularly benefiting rural and northern areas where midwives are often the primary pregnancy-care providers.

*Sources — Canadian Association of Midwives, Position Statement: Midwives and Abortion Provision, February 2022, [Canadian Association of Midwives](https://canadianmidwives.org/wp-content/uploads/2022/03/CAM_PSMidwivesAbortionProvision_ENG_VF_20220224.pdf)*

## Key authorities

- **The Safe Access to Abortion Services Act** — The Safe Access to Abortion Services Act, CCSM c S4 (SM 2024, c 5) _(Statute)_ · [web2.gov.mb.ca/laws/statutes/ccsm/s004.php](https://web2.gov.mb.ca/laws/statutes/ccsm/s004.php)
  Establishes access zones around clinics, facilities, and provider residences, prohibits specified interfering conduct, and creates criminal and civil remedies — the primary statutory protection for abortion access in Manitoba.
- **Excluded Services Regulation** — Excluded Services Regulation, Man Reg 46/93, s 2, item 28 _(Regulation)_ · [web2.gov.mb.ca/laws/regs/current/_pdf-regs.php](https://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=46%2F93)
  Defines the conditions under which therapeutic abortion is an insured service under the Manitoba Health Services Insurance Plan — now covering hospitals and minister-approved facilities including the Women's Health Clinic.
- **The Health Services Insurance Act** — The Health Services Insurance Act, CCSM c H35 _(Statute)_ · [web2.gov.mb.ca/laws/statutes/ccsm/h035.php](https://web2.gov.mb.ca/laws/statutes/ccsm/h035.php)
  The enabling statute for Manitoba's public health insurance plan, under which abortion is funded as an insured medical service.
- **The Health Care Directives Act** — The Health Care Directives Act, CCSM c H27 _(Statute)_ · [web2.gov.mb.ca/laws/statutes/ccsm/_pdf.php](https://web2.gov.mb.ca/laws/statutes/ccsm/_pdf.php?cap=h27)
  Defines capacity to consent to medical treatment and establishes the rebuttable presumption of capacity at age 16, governing minors' ability to consent to abortion.
- **Jane Doe 1 v Manitoba** — Jane Doe 1 v Manitoba, 2004 MBQB 285 (Man QB), aff'd 2005 MBCA 109, leave to appeal to SCC dismissed (31225) _(Case)_ · [canlii.org/en/mb/mbqb/doc/2004…](https://www.canlii.org/en/mb/mbqb/doc/2004/2004mbqb285/2004mbqb285.html)
  The landmark Charter case in which Manitoba's exclusion of clinic abortions from public funding was held to violate ss. 2(a), 7, and 15 of the Charter, leading to public funding of clinic abortions.
- **Winnipeg Child and Family Services v G (DF)** — Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925 _(Case)_ · [canlii.org/en/ca/scc/doc/1997/…](https://www.canlii.org/en/ca/scc/doc/1997/1997canlii320/1997canlii320.html)
  The Supreme Court of Canada held that the unborn child is not a legal person and that courts cannot order the detention of a pregnant person to protect the fetus, in a case originating from Manitoba.
- **Tremblay v Daigle** — Tremblay v Daigle, [1989] 2 SCR 530 _(Case)_ · [canlii.org/en/ca/scc/doc/1989/…](https://www.canlii.org/en/ca/scc/doc/1989/1989canlii33/1989canlii33.html)
  Establishes that a father or partner has no legal standing to prevent a pregnant person from obtaining an abortion, binding on Manitoba courts.
- **R v Morgentaler (1993)** — R v Morgentaler, [1993] 1 SCR 462 _(Case)_ · [canlii.org/en/ca/scc/doc/1993/…](https://www.canlii.org/en/ca/scc/doc/1993/1993canlii74/1993canlii74.html)
  Held that provincial legislation restricting abortion to hospitals is ultra vires as an impermissible intrusion on federal criminal-law power, defining the constitutional boundary for Manitoba.
- **CPSM Standard of Practice — Good Medical Care, Section 10 (Conscience-Based Objection)** — College of Physicians and Surgeons of Manitoba, Standard of Practice of Medicine — Good Medical Care, s 10, effective January 1, 2019, revised March 19, 2021 _(Regulator policy)_ · [cpsm.mb.ca/assets/Standards%20…](https://cpsm.mb.ca/assets/Standards%20of%20Practice/Standard%20of%20Practice%20Good%20Medical%20Care.pdf)
  Governs how Manitoba physicians may exercise conscience-based objection to abortion, permitting refusal to refer but requiring provision of an accurate information resource.
- **CRNM Duty to Provide Care** — College of Registered Nurses of Manitoba, Duty to Provide Care (2019, reviewed 2024) _(Regulator policy)_ · [crnm.mb.ca/wp-content/uploads/…](https://www.crnm.mb.ca/wp-content/uploads/2022/01/Duty-to-Provide-Care-2025.pdf)
  Requires Manitoba nurses with a conscientious objection to make a timely referral in good faith to a non-objecting provider, establishing a different standard from the CPSM for physicians.
- **Claims Submission Procedure — Mifegymiso** — Manitoba Health, Seniors and Active Living, Claims Submission Procedure – Mifegymiso, effective September 1, 2019 _(Agency guidance)_ · [gov.mb.ca/health/pharmacare/p…](https://www.gov.mb.ca/health/pharmacare/profdocs/csp_mifegymiso.pdf)
  The administrative instrument implementing universal no-cost Mifegymiso coverage for all Manitoba residents with a valid health card.
- **Criminal Code born-alive rule** — Criminal Code, RSC 1985, c C-46, s 223(1) _(Statute)_ · [laws-lois.justice.gc.ca/eng/acts/C-46/section-223.html](https://laws-lois.justice.gc.ca/eng/acts/C-46/section-223.html)
  Codifies the born-alive rule: a child becomes a human being only when it has completely proceeded from the mother's body in a living state, confirming fetal non-personhood for purposes of law.
- **The Fatal Accidents Act** — The Fatal Accidents Act, CCSM c F50 _(Statute)_ · [web2.gov.mb.ca/laws/statutes/reccsm/f050e.php](https://web2.gov.mb.ca/laws/statutes/reccsm/f050e.php)
  Manitoba's wrongful death statute; does not extend to fetal death, confirming that no fetal wrongful-death action exists in Manitoba civil law.
- **The Regulated Health Professions Act** — The Regulated Health Professions Act, CCSM c R117 _(Statute)_ · [web2.gov.mb.ca/laws/statutes/ccsm/r117.php](https://web2.gov.mb.ca/laws/statutes/ccsm/r117.php)
  The framework statute governing health professions regulation in Manitoba, under which the CPSM and CRNM exercise their standard-setting and disciplinary authority relating to abortion care.

## Research notes

> Overall confidence: High. Analysis current as of July 13, 2026; research completed July 13, 2026. The Safe Access to Abortion Services Act received royal assent June 4, 2024, and was proclaimed into force February 1, 2025 — verify that any regulations have been published prescribing specific facilities and protected service providers. The 2017 CBC report on St. Boniface Hospital is dated; confirm current institutional policies with Shared Health Manitoba. The Manitoba Enhanced Pharmacare Program (effective April 15, 2025) may affect Mifegymiso billing procedures; verify that the September 2019 Claims Submission Procedure remains current. The Excluded Services Regulation, MR 46/93, was last amended in 2008; although no amendment has since been needed, verify there have been no further regulatory changes. Jane Doe 1 v Manitoba settled after the 2004 judgment and the 2005 appeal; confirm the final terms of settlement beyond the funding-policy change. Unresolved points: The current policy of St. Boniface Hospital regarding abortion — the 2017 CBC report confirms non-therapeutic abortion is banned, but the institution's current policy and whether Concordia Hospital or Misericordia Health Centre have similar policies should be re-verified directly with those institutions or Shared Health. — Whether midwives in Manitoba may prescribe Mifegymiso was not confirmed at the College of Midwives of Manitoba website; the current prescribing standards should be reviewed for any recent expansion. — The Manitoba Physician's Manual virtual-care billing code was cited from a secondary source (Abortion Access Tracker); the current manual at gov.mb.ca should be checked for the specific tariff code. — The 2015 reciprocal-billing committee decision removing abortion from the excluded-services list is documented by ARCC but not easily accessible in a primary government source; the current status should be confirmed with Manitoba Health Out-of-Province Claims. — No formal safe-access-zone regulations have been published under the Act prescribing specific facilities or provider residences; the default statutory zones apply automatically to all clinics, but prescribed facilities and provider-residence designations should be monitored..
