S-4.2, r. 22.1 - Regulation respecting the procedure for designating certain members of the board of directors of the public institution referred to in Part IV.2 of the Act respecting health services and social services

Full text
chapter S-4.2, r. 22.1
Regulation respecting the procedure for designating certain members of the board of directors of the public institution referred to in Part IV.2 of the Act respecting health services and social services
HEALTH SERVICES AND SOCIAL SERVICES — BOARD OF DIRECTORS — DESIGNATION PROCEDURE — PART IV.2 OF THE ACT
Act respecting health services and social services
(chapter S-4.2, s. 137).
S-4.2
October 21 2015
CHAPTER I
GENERAL
DIVISION I
SCOPE
1. This Regulation establishes the procedure for designating certain members of the board of directors of the public institution referred to in Part IV.2 of the Act respecting health services and social services (chapter S-4.2), which must be determined pursuant to the first paragraph of section 137 of the Act.
M.O. 2015-016, s. 1.
DIVISION II
DATE OF DESIGNATIONS
2. The designations referred to in this Regulation are held on the date determined by the Minister in accordance with the second paragraph of section 137 of the Act.
The designated members take office on that date.
M.O. 2015-016, s. 2.
DIVISION III
DESIGNATION OFFICER AND DEPUTY OFFICERS
3. Not later than 50 days before the date of the designations, the Minister or any person designated by the Minister appoints an officer in charge of the designation process. If the designation officer is unable to act, the Minister or the person designated by the Minister appoints a new officer.
The officer may appoint one or more deputy officers for assistance in the performance of the officer’s duties. The president and executive director and the assistant executive director of the institution may not act as officer or deputy officer.
The officer and deputy officers may not run as candidates and are not entitled to vote in any designation referred to in this Regulation.
Unless otherwise indicated, the word “officer” used in this Regulation means the officer in charge of the designation process appointed in accordance with this section.
M.O. 2015-016, s. 3.
4. The officer is responsible for carrying out the designation process and ensuring compliance with the rules set out in this Regulation. The duties include the following, depending on the circumstances:
(1)  obtain the lists of bodies or persons to be involved in the designation process;
(2)  give notice of the designation process;
(3)  receive the candidate nomination papers and accept or refuse nominations;
(4)  inform voters of the voting procedure if there are more valid nominations than positions to be filled in a designation college;
(5)  appoint all scrutineers necessary for assistance in the performance of the officer’s duties;
(6)  supervise the conduct of the designation process;
(7)  be present for the counting of the votes;
(8)  declare candidates designated in accordance with this Regulation;
(9)  report the results of the designation process to the Minister and the president and executive director of the institution.
M.O. 2015-016, s. 4.
5. The duties of a deputy officer, performed under the authority of the officer, are to
(1)  receive the candidate nomination papers and send them to the officer;
(2)  inform voters of the voting procedure if there are more valid nominations than positions to be filled in a designation college;
(3)  appoint all scrutineers necessary for assistance in the performance of the deputy officer’s duties;
(4)  supervise the conduct of the designation process;
(5)  be present for the counting of the votes; and
(6)  send the vote count report and the ballot papers to the officer.
M.O. 2015-016, s. 5.
DIVISION IV
PRESIDENT AND EXECUTIVE DIRECTOR OF THE INSTITUTION
6. The president and executive director of the institution provides the officer and deputy officers with the technical and administrative support required for the performance of their duties.
The president and executive director keeps the original documents received from the officer and completed in accordance with Schedules I to V under seal for a period of at least 180 days from the date on which the designations are made.
M.O. 2015-016, s. 6.
CHAPTER II
DESIGNATIONS BY AND FROM AMONG THE MEMBERS OF THE USERS’ COMMITTEE
DIVISION I
INITIATION OF THE DESIGNATION PROCESS
7. Not later than 45 days before the date of the designations, the president and executive director must send contact information for the users’ committee of the institution and the list of its members to the officer.
M.O. 2015-016, s. 7.
8. Not later than 40 days before the date of the designations, the officer sends a notice to the users’ committee to invite members to participate in the designation of 2 persons as members of the board of directors.
The notice must mention the restrictions set out in the second paragraph of section 129 and section 150 of the Act and indicate the terms and conditions that must be followed in the designation process.
M.O. 2015-016, s. 8.
DIVISION II
DESIGNATION
9. The designation of 2 persons must be made at a meeting at which the majority of members of the users’ committee are present.
The officer must receive a copy of the resolution, indicating the names of the members designated at the meeting not later than 5:00 p.m. on the day before the date of the designations. The copy must be accompanied by the original nomination paper provided in Schedule I, duly completed and signed by each nominated candidate and the information sheet provided in Schedule II.
After ensuring that each candidate nomination paper has been duly completed and signed, the officer completes the certificate of designation provided in Schedule III and sends copies of the certificate, all nomination papers, and the users’ committee resolution to the Minister within 3 working days. Within the same period, the officer sends the original documents to the president and executive director of the institution.
The president and executive director posts a copy of the certificate of designation in a location accessible to the members of the users’ committee in each of the institution’s facilities. The president and executive director must also publish it on the website of the institution.
M.O. 2015-016, s. 9.
10. The members of the users’ committee may, if they all agree, hold the meeting referred to in section 9 by any means allowing all the participants to immediately communicate with each other.
M.O. 2015-016, s. 10.
11. If at the end of the nomination period there is no candidate or valid candidate, the officer completes the declaration of designation not held provided in Schedule IV and sends a copy to the Minister within 3 working days. Within the same period, the officer sends the original declaration, as well as any original nomination papers completed by a member whose nomination has been rejected, the completed candidate information sheet and a copy of the users’ committee resolution to the president and executive director of the institution.
M.O. 2015-016, s. 11.
CHAPTER III
DESIGNATION BY THE BOARDS OF DIRECTORS OF FOUNDATIONS
DIVISION I
INITIATION OF THE DESIGNATION PROCESS
12. Not later than 45 days before the date of the designations, the president and executive director must send the name and address of every foundation of the institution within the meaning of section 132.2 of the Act, as well as the name of the chair of the board of directors of such a foundation to the officer.
M.O. 2015-016, s. 12.
13. Not later than 40 days before the date of the designations, the officer sends to the board of directors of each foundation concerned a notice of their right to participate in the designation of a person as a member of the institution’s board of directors.
The notice must mention the restrictions set out in the second paragraph of section 129 and section 150 of the Act and indicate the terms and conditions that must be followed in the designation process.
M.O. 2015-016, s. 13.
DIVISION
NOMINATION
14. The officer must receive nominations not later than 5:00 p.m. the day before the date of the designations. To submit a nomination, the foundation’s board of directors must send to the officer a copy of a board resolution indicating the name of the candidate nominated, along with the original nomination paper provided in Schedule I, duly completed and signed by the candidate, and the information sheet provided in Schedule II.
M.O. 2015-016, s. 14.
15. The officer draws up the list of candidates nominated by the foundations concerned, if applicable.
M.O. 2015-016, s. 15.
DIVISION III
DESIGNATION
§ 1.  — Absence of designation
16. Section 11 applies, with the necessary modifications, where at the end of the nomination period no candidate has been nominated or no nomination is valid.
M.O. 2015-016, s. 16.
§ 2.  — Designation by acclamation
17. If the officer has received only 1 valid nomination by the end of the nomination period, the officer declares the candidate designated. The officer then completes the certificate of designation provided in Schedule III and sends a copy of the certificate, nomination paper of the member designated, the completed candidate information sheet and any resolution received pursuant to section 14 to the Minister within 3 working days.
Within the same period, the officer sends the original documents to the president and executive director of the institution.
Not later than 10 days before the date of the designations, the president and executive director must post a copy of the certificate of designation in a location accessible to the public in each of the institution’s facilities. The president and executive director must also publish the certificate on the website of the institution within the same period.
M.O. 2015-016, s. 17.
§ 3.  — Designation with competitors
18. If the officer has received more than 1 valid nomination by the end of the nomination period, the officer declares the candidate having received the most nominations from the foundations designated.
If candidates have received the same number of nominations and this would result in more than 1 candidate being designated, the officer immediately draws lots from among the candidates who obtained the greater number of nominations to determine who is designated.
M.O. 2015-016, s. 18.
19. The officer completes the certificate of designation provided in Schedule III and sends a copy of the certificate, the designated member’s nomination paper, the completed candidate information sheet and any resolution received under section 14 to nominate a candidate to the Minister within 3 working days.
Within the same period, the officer sends the original documents, the nomination papers for undesignated candidates, the completed candidate information sheets and all resolutions received under section 14, to the president and executive director of the institution.
The president and executive director posts a copy of the certificate of designation in a location accessible to the public in each of the institution’s facilities. The president and executive director must also publish the certificate on the website of the institution.
M.O. 2015-016, s. 19.
CHAPTER IV
DESIGNATION BY UNIVERSITIES WITH WHICH AN INSTITUTION IS AFFILIATED
DIVISION I
INITIATION OF THE DESIGNATION PROCESS
20. Not later than 45 days before the date of the designations, the president and executive director must send the names and addresses of the universities with which the institution is affiliated and the name of the chair of the board of directors of those universities to the officer.
M.O. 2015-016, s. 20.
21. Not later than 40 days before the date of the designations, the officer sends a notice to the chair of the board of directors of each university with which an institution is affiliated mentioning the university’s right, alone or with another university, to designate 2 persons to the institution’s board of directors.
The notice must mention the restrictions set out in the second paragraph of section 129 and section 150 of the Act, and the terms and conditions that must be followed in the designation process.
M.O. 2015-016, s. 21.
DIVISION II
NOMINATION
22. The officer must receive nominations not later than 5:00 p.m. the day preceding the date of the designations, submitted by means of a copy of a resolution of the board of directors of the university indicating the names of the candidates nominated, along with the original nomination paper provided in Schedule I duly completed and signed by the candidates and the completed candidate information sheets.
M.O. 2015-016, s. 22.
23. The officer draws up the list of the candidates nominated by the foundations concerned, if any.
M.O. 2015-016, s. 23.
DIVISION III
DESIGNATION
§ 1.  — Absence of designation
24. Section 11 applies, with the necessary modifications, where at the end of the nomination period no candidate has been nominated or no nomination is valid.
M.O. 2015-016, s. 24.
§ 2.  — Designation by acclamation
25. If the officer has received only 2 valid nominations by the end of the nomination period, the officer declares the candidates designated. The officer then completes the certificate of designation provided in Schedule III and sends a copy of the certificate, the nomination papers of the members designated, the completed candidate information sheet and any resolution received pursuant to section 22 to the Minister within 3 working days.
Within the same period, the officer sends the original documents to the president and executive director of the institution.
Not later than 10 days before the date of the designations, the president and executive director must post a copy of the certificate of designation in a location accessible to the public in each of the institution’s facilities. The president and executive director must also publish the certificate on the website of the institution within the same period.
M.O. 2015-016, s. 25.
§ 3.  — Designation with competitors
26. If the officer has received more than 2 valid nominations by the end of the nomination period, the officer declares the candidates having received the most nominations from the universities designated.
If candidates have received the same number of nominations and this would result in more than 2 candidates being designated, the officer immediately draws lots from among the candidates who obtained the greatest number of nominations to determine the designated persons.
M.O. 2015-016, s. 26.
27. The officer completes the certificate of designation provided in Schedule III and sends a copy of the certificate, the nomination papers of the designated members and any resolution received under section 22 to nominate a candidate to the Minister within 3 working days.
Within the same period, the officer sends the original documents, the nomination papers for undesignated candidates and all resolutions received under section 22 to the president and executive director of the institution.
The president and executive director posts a copy of the certificate of designation in a location accessible to the public in each of the institution’s facilities. The president and executive director must also publish a copy of the certificate on the website of the institution.
M.O. 2015-016, s. 27.
CHAPTER V
DESIGNATION BY AND FROM AMONG THE MEMBERS OF THE COUNCIL OF PHYSICIANS, DENTISTS, AND PHARMACISTS
DIVISION I
INITIATION OF THE DESIGNATION PROCESS
28. Not later than 45 days before the date of the designations, the president and executive director of the institution must send the list of members of the institution’s council of physicians, dentists, and pharmacists to the officer. The list must include an address where each physician, dentist, and pharmacist can be reached.
M.O. 2015-016, s. 28.
29. Not later than 40 days before the date of the designations, the officer gives notice of the designation process by posting the notice in a location accessible to the members of the institution’s council of physicians, dentists, and pharmacists in each of the institution’s facilities. The notice must be accompanied by the list referred to in section 28. The notice and the list must also be published on the website of the institution.
Any physician, dentist, or pharmacist whose name does not appear on the list or who notices an error on the list may contact the officer for the appropriate correction. Where the officer modifies the list, the officer replaces the posted and published list by a new list.
The notice must mention the restrictions set out in section 150 of the Act and indicate the nomination period and the terms and conditions that must be followed in the designation process.
M.O. 2015-016, s. 29.
DIVISION II
NOMINATION
30. Nominations are made by means of nomination papers provided in Schedule I.
The original, duly completed nomination paper must be signed by the candidate and received by the officer not later than 30 days before the date of the designations at 5:00 p.m.
To provide more information to the members of the council of physicians, dentists, and pharmacists, candidates must also complete the information sheet provided in Schedule II and send it along with their nomination papers.
M.O. 2015-016, s. 30.
31. The officer accepts or refuses a nomination paper not later than 2 working days after receiving it and gives written notice of acceptance or refusal to the person who filed the paper. In the case of a refusal, the officer also informs the candidate of the reasons for the decision. The officer completes the corresponding section of the nomination paper.
The officer must not, before the end of the nomination period, divulge the name of any candidate or person whose nomination has been rejected. The officer must not, in any case, divulge the name of a person whose nomination has been rejected.
M.O. 2015-016, s. 31.
DIVISION III
DESIGNATION
§ 1.  — Absence of designation
32. Section 11 applies, with the necessary modifications, where at the end of the nomination period no candidate has been nominated or no nomination is valid.
Not later than 10 days before the date of the designations, the president and executive director must post a copy of the certificate of absence of designation in a location accessible to the members of the council of physicians, dentists, and pharmacists in each of the institution’s facilities. The president and executive director must also publish the certificate on the website of the institution within the same period.
M.O. 2015-016, s. 32.
§ 2.  — Designation by acclamation
33. If the officer has received only 1 valid nomination by the end of the nomination period, the officer declares the member designated. The officer then completes the certificate of designation provided in Schedule III and sends a copy of the certificate, the nomination paper of the member designated and the information sheet completed by the member of the council of physicians, dentists, and pharmacists whose nomination has been accepted to the Minister within 3 working days.
Within the same period, the officer sends the original documents to the president and executive director of the institution.
Not later than 10 days before the date of the designations, the president and executive director must post a copy of the certificate of designation in a location accessible to the members of the council of physicians, dentists, and pharmacists in each of the institution’s facilities. The president and executive director must also publish the certificate on the website of the institution within the same period.
M.O. 2015-016, s. 33.
§ 3.  — Designation by ballot
34. If the officer has received more than 1 valid nomination by the end of the nomination period, the officer draws up the list of candidates.
M.O. 2015-016, s. 34.
35. Not later than 20 days before the date of the designations, the officer sends a polling notice to each member of the council of physicians, dentists, and pharmacists. The notice must indicate the date, time and place of the vote count and the list of candidates.
The polling notice is also posted by the officer in each location where the notice of the designation process was posted in accordance with section 29 and published on the website of the institution.
M.O. 2015-016, s. 35.
36. The polling notice that the officer sends to all members must be accompanied by
(1)  the candidate information sheet provided in Schedule II and completed by each candidate;
(2)  a ballot paper initialed by the officer;
(3)  a vote envelope with no markings identifying the member, in which the ballot paper will be inserted;
(4)  a return envelope bearing the member’s name and addressed to the officer.
M.O. 2015-016, s. 36.
37. The member must use the ballot paper and envelopes received from the officer.
Members insert ballot papers in the vote envelopes provided, which they then insert in their return envelopes.
To be valid, ballot papers must be received at the office of the officer not later than 5:00 p.m. on the day before the designations are to be made.
M.O. 2015-016, s. 37.
38. The officer or a deputy officer, accompanied by scrutineers, opens return envelopes.
Only return envelopes bearing a member’s name are considered and checked against the voters list.
M.O. 2015-016, s. 38.
39. First, the vote envelopes containing the ballot paper are removed from the envelopes bearing a member’s name.
If a return envelope does not contain a vote envelope, the situation is noted on the vote count report provided in Schedule V.
If a return envelope contains 2 or more vote envelopes, the votes are not counted and the situation is noted on the vote count report.
M.O. 2015-016, s. 39.
40. On the date, at the time and place indicated in the polling notice, the scrutineers count the votes in the presence of the officer or a deputy officer.
The vote count is public.
The officer or the deputy officer cancels any ballot paper that
(1)  has not been provided by the officer;
(2)  does not bear the initials of the officer;
(3)  has not been marked;
(4)  has been marked in favor of more than 1 candidate;
(5)  has been marked in favor of a person who is not a candidate;
(6)  has been marked elsewhere than in the spaces reserved for that purpose;
(7)  bears fanciful or injurious entries;
(8)  bears a mark by which the member can be identified.
The officer or the deputy officer cancels a ballot paper by writing “Void” on it and initialing the paper. The number of rejected ballot papers is noted on the vote count report provided for in Schedule V.
M.O. 2015-016, s. 40.
41. The candidate who receives the most votes is declared designated by the officer.
If candidates have received the same number of votes and this would result in more than 1 candidate being designated, the officer immediately draws lots from among the candidates who obtained the greater number of votes to determine the person who is designated.
M.O. 2015-016, s. 41.
42. The officer completes the certificate of designation provided in Schedule III and sends a copy of the certificate, the nomination paper of the member designated and the candidate information sheet completed by the candidates to the Minister within 3 working days.
Within the same period, the officer sends the original of those documents, the nomination papers of undesignated candidates, all candidate information sheets completed by the candidates, the ballot papers, and the vote count report to the president and executive director of the institution.
The president and executive director posts a copy of the certificate of designation in a location accessible to the members of the council of physicians, dentists, and pharmacists in each of the institution’s facilities. The president and executive director must also publish a copy of the certificate on the website of the institution.
M.O. 2015-016, s. 42.
CHAPTER VI
DESIGNATION BY AND FROM AMONG THE MEMBERS OF THE COUNCIL OF NURSES
43. Chapter V applies, with the necessary modifications, to designations to the board of directors of an institution of a member chosen by and from among the members of the council of nurses.
M.O. 2015-016, s. 43.
CHAPTER VII
DESIGNATION BY AND FROM AMONG THE MEMBERS OF THE MULTIDISCIPLINARY COUNCIL
44. Chapter V applies, with the necessary modifications, to designations of 1 to 3 persons, according to the number required under the law, to the board of directors by and from among the members of the institution’s multidisciplinary council, including persons who perform nursing assistant activities for the institution.
The notice required under section 29 must indicate, if applicable, the prescriptions applicable under subparagraph c of paragraph 6 of section 129 of the Act.
M.O. 2015-016, s. 44.
CHAPTER VIII
DESIGNATION BY AND FROM AMONG THE MEMBERS OF THE COUNCIL OF MIDWIVES
45. Chapter V applies, with the necessary modifications, to designations to the board of directors of an institution of a member chosen by and from among the members of the council of midwives.
M.O. 2015-016, s. 45.
CHAPTER IX
DESIGNATION BY AND FROM AMONG THE STAFF MEMBERS WHO ARE NOT MEMBERS OF THE COUNCIL OF PHYSICIANS, DENTISTS, AND PHARMACISTS, THE COUNCIL OF NURSES OR THE MULTIDISCIPLINARY COUNCIL OF THE INSTITUTION
46. Chapter V applies, with the necessary modifications, to designations to the board of directors of an institution of a member chosen by and from among the staff members of the institution referred to in this Division.
The list of persons concerned by the designations that must be sent by the president and executive director to the officer is drawn up from the contact information contained in the personnel records of the institution.
M.O. 2015-016, s. 46.
CHAPTER X
FINAL
47. The Regulation respecting the procedure for designating certain members of the board of directors of the public institution referred to in Part IV.2 of the Act respecting health services and social services (chapter S-4.2, r. 22) is revoked.
M.O. 2015-016, s. 47.
48. The Regulation respecting the designation procedure for certain members of the board of directors of a public institution (chapter S-4.2, r. 21) is revoked.
M.O. 2015-016, s. 48.
49. (Omitted).
M.O. 2015-016, s. 49.
DESIGNATION
Candidate nomination paper
M.O. 2015-016, Sch. I.
DESIGNATION
Candidate information sheet
M.O. 2015-016, Sch. II.
DESIGNATION
Certificate of designation
M.O. 2015-016, Sch. III.
DESIGNATION
Declaration of designation not made
M.O. 2015-016, Sch. IV.
DESIGNATION
Vote count report
M.O. 2015-016, Sch. V.
REFERENCES
M.O. 2015-016, 2015 G.O. 2, 2861