S-4.2, r. 22 - 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
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 — DESIGNATION PROCEDURE — PART IV.2 OF THE ACT
Act respecting health services and social services
(chapter S-4.2, s. 530.64).
S-4.2
October 21 2015
Revoked, M.O. 2015-016, 2015 G.O. 2, 2861; eff. 2015-10-21.
DIVISION I
GENERAL
§ 1.  — Scope
1. This Regulation applies to the designation of 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), pursuant to section 530.64 of that Act.
M.O. 2006-013, s. 1.
§ 2.  — Date of designations
2. Designations under this Regulation are made on the date established by the minister, pursuant to section 530.64 of the Act.
The designated persons take office on the 30th day after the completion of the cooptation provided for in section 530.65 of the Act.
M.O. 2006-013, s. 2.
§ 3.  — Designation officer and deputy officers
3. The minister shall appoint an officer in charge of the designation process not later than 45 days before the day on which the designations are to be made. If the designation officer is unable to act, the minister shall select a new officer.
Unless otherwise indicated, the word “officer” used herein refers to the officer in charge of the designation process, selected as stipulated in this section.
The minister may authorize the officer to appoint one or more deputy officers for assistance in the performance of his or her duties.
The officer and deputy officers may not run as candidates or countersign for a candidate and are not entitled to vote in any designation process pursuant to this Regulation.
M.O. 2006-013, s. 3.
4. The officer is responsible for carrying out the designation process and ensuring compliance with the rules set out herein. His or her duties notably include the following, depending on the circumstances:
(1)  obtain the list of bodies or persons to be involved in the designation process from the president and executive director of the institution;
(2)  give notice of the designation process;
(3)  receive and accept or refuse nominations;
(4)  inform voters of the voting procedure if there are more candidates than positions to fill;
(5)  appoint all scrutineers necessary for assistance in the performance of his or her duties;
(6)  supervise the conduct of the designation process;
(7)  count the votes;
(8)  declare candidates designated in accordance with this Regulation;
(9)  report the results of the designation process to the minister and president and executive director of the institution.
M.O. 2006-013, s. 4.
5. The duties of a deputy officer, performed under the authority of the officer, are, notably, to
(1)  receive nomination papers and forward them to the officer;
(2)  inform voters of the voting procedure if there are more candidates than positions to fill;
(3)  appoint all scrutineers necessary for assistance in the performance of his or her duties;
(4)  supervise the conduct of the designation process;
(5)  count the votes;
(6)  send the vote count report referred to in section 24 and the ballot papers to the officer.
M.O. 2006-013, s. 5.
§ 4.  — President and executive director
6. The president and executive director of the institution shall provide the officer and deputy officers with the technical and administrative support required for the performance of their duties.
He or she shall keep the originals documents received from the officer and completed in accordance with Schedules I to VII in sealed envelopes for a period of at least 180 days from the date on which the designations are made.
M.O. 2006-013, s. 6.
DIVISION II
DESIGNATIONS BY THE INSTITUTION’S USER COMMITTEE
7. The president and executive director must forward contact information for the institution’s user committee to the officer not later than 40 days before the day on which the designations are to be made.
M.O. 2006-013, s. 7.
8. Not later than 35 days before the date of the designations, the officer shall forward a notice to the users committee to invite members to take part in the designation of 2 people as members of the institution’s board of directors.
This notice must mention the restrictions set out in section 150 and the third paragraph of section 151 of the Act and indicate the provisions that must be followed in the designation process.
M.O. 2006-013, s. 8.
9. The users committee resolution designating 2 people to the board of directors must be adopted at a meeting at which the majority of committee members are present.
The officer must receive a copy of this resolution not later than 5:00 p.m. on the day before the designations are to be made. It must be accompanied by original nomination papers provided for in Schedule I, duly completed and signed by each candidate.
After ensuring that each candidate’s nomination paper has been duly completed and signed, the officer shall draw up the designation certificate provided for in Schedule II and forward copies of this certificate, all nomination papers, and the users committee resolution to the minister within 3 days. Within the same period, he or she shall send the original documents to the president and executive director of the institution.
The president and executive director shall post a copy of the designation certificate in a location accessible to the members of the users committee in each of the institution’s facilities.
M.O. 2006-013, s. 9.
10. If there is no candidate or valid candidate, the designation officer shall complete the declaration of designation not held provided in Schedule III and send a copy to the minister within 3 days. Within the same period, he or she shall send the president and executive director of the institution this original certificate, as well as any original invalid nomination papers and a copy of the users committee resolution.
M.O. 2006-013, s. 10.
DIVISION III
DESIGNATION BY AND FROM AMONG THE INSTITUTION’S BOARD OF PHYSICIANS, DENTISTS, AND PHARMACISTS
§ 1.  — Initiation of the designation process
11. Not later than 40 days before the designations, the president and executive director of the institution must forward the list of members of the institution’s board 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. 2006-013, s. 11.
12. Not later than 35 days before the date of the designations, the officer shall send written notice of the designation process to all members on the list and post the notice in a location accessible to these members in each of the institution’s facilities. The posted notice must be accompanied by a list of names of all physicians, dentists, and pharmacists involved in this designation.
Any physician, dentist, or pharmacist whose name does not appear on the posted list or who notices an error on the list may contact the officer for the appropriate correction.
The notice must mention the restrictions set out in section 150 of the Act and indicate the nomination period and the terms that must be followed in the designation process.
M.O. 2006-013, s. 12.
§ 2.  — Nominations
13. Nominations are made by means of nomination papers drawn up in accordance with Schedule IV.
The original, duly completed nomination paper must be signed by the candidate, countersigned by 2 members of the designation college, and received by the officer or deputy officer not later than 25 days before the date of the designations.
To provide more information to the voters, candidates may also complete the information sheet provided for in Schedule V and forward it along with their nomination papers.
M.O. 2006-013, s. 13.
14. If a deputy officer receives a nomination paper, he or she shall promptly forward it to the officer, along with any information sheet.
M.O. 2006-013, s. 14.
15. The officer shall accept or refuse a nomination paper not later than 2 days after receiving it and shall give written notice of acceptance or refusal to the person who filed the paper. The officer shall complete the corresponding section of the nomination paper.
The returning officer shall not divulge the name of any candidate to anyone whomsoever before the end of the nomination period.
M.O. 2006-013, s. 15.
16. If there is no candidate or valid candidate by the end of the nomination period, the officer shall complete the declaration of designation not made provided for in Schedule III and send a copy to the minister within 3 days. Within the same period, he or she shall send the president and executive director of the institution this original declaration, as well as any original invalid nomination papers and information papers.
M.O. 2006-013, s. 16.
§ 3.  — Designation by acclamation
17. If the officer has received only one valid nomination by the end of the nomination period, he or she shall declare this candidate designated. The officer shall then complete the certificate of election by acclamation in accordance with Schedule II and send a copy of this certificate and nomination paper to the minister within 3 days. Within the same period, he or she shall send 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 notice indicating the name of the person designated and the fact that there will not be an election, in an area accessible to the members of the designation college in all of the institution’s facilities.
M.O. 2006-013, s. 17.
§ 4.  — Candidate list and election notice
18. If there is more than one valid nomination at the end of the nomination period, the officer shall draw up the list of candidates and send written notice to all physicians, dentists, and pharmacists concerned not later than 20 days before the designations. The notice must indicate the date, time, and location of the vote count, as well as the candidate list.
The officer shall also post the polling notice in all locations where the designation process notice was posted in accordance with section 12.
M.O. 2006-013, s. 18.
§ 5.  — Voting procedure
19. The polling notice that the officer forwards to all physicians, dentists, and pharmacists in the designation college must be accompanied by the following documents:
(1)  the information sheet provided for in Schedule V and filled out by a candidate, as the case may be;
(2)  a ballot paper initialed by the officer;
(3)  a vote envelope with no markings identifying the voter, in which the ballot paper will be inserted;
(4)  a return envelope bearing the voter’s name and addressed to the officer or deputy officer.
M.O. 2006-013, s. 19.
20. The voter must use the ballot paper and envelopes received from the officer.
Voters shall insert ballot papers in the vote envelopes provided, which they shall then insert in their return envelopes.
Ballot papers must be received at the office of the designation officer or deputy officer not later than 5:00 p.m. on the day before the designations are to be made.
M.O. 2006-013, s. 20.
§ 6.  — Counting of votes, designation proclamation, and publication of results
21. Accompanied by scrutineers, the officer or deputy officer shall count the votes at the time indicated on the polling notice.
Only return envelopes bearing voters’ names shall be considered and checked against the voters list.
M.O. 2006-013, s. 21.
22. First, the vote envelopes containing the ballot paper are removed from the envelopes bearing voters’ names.
If a return envelope does not contain a vote envelope, the situation is noted on the vote count report provided for in section 24.
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. 2006-013, s. 22.
23. Once all return envelopes have been opened, the scrutineers shall then count the votes in the presence of the officer or deputy officer.
The vote count shall be public.
The officer or the deputy officer shall cancel 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 candidates than the required number;
(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 voter can be identified.
The officer shall cancel a ballot paper by writing “Void” on it and initialing the paper. The number of rejected ballot papers shall be noted on the vote count report provided for in section 24.
M.O. 2006-013, s. 23.
24. The vote count report provided for in Schedule VI shall be completed for each polling location.
Deputy officers must immediately inform the returning officer of the results of the vote count and forward the original vote count report within 2 days, along with original ballot papers.
M.O. 2006-013, s. 24.
25. The officer or the deputy officer shall compile the counts in accordance with Schedule VII and declare the candidate who obtained the greatest number of votes designated.
If there is a tie vote, the officer shall immediately draw lots from among the candidates who obtained the greatest number of votes to designate a candidate.
M.O. 2006-013, s. 25.
26. The officer shall complete the designation certificate provided for in Schedule II and send a copy of this certificate and the designated candidate’s nomination papers to the minister within 3 days.
Within the same period, the officer shall send the president and executive director of the institution the originals of these same documents, the nomination papers of undesignated candidates, all information sheets completed by the candidates, ballot papers, and documents completed in accordance with Schedules VI and VII.
The president and executive director shall post a copy of the designation certificate in a location accessible to the members of the designation college in each of the institution’s facilities.
M.O. 2006-013, s. 26.
DIVISION IV
DESIGNATION BY AND FROM AMONG THE INSTITUTION’S BOARD OF NURSES
27. The provisions of section III apply, with the necessary modifications, to designations to the board of directors by and from among the members of the institution’s board of nurses.
M.O. 2006-013, s. 27.
DIVISION V
DESIGNATION BY AND FROM AMONG THE INSTITUTION’S MULTIDISCIPLINARY BOARD
28. The provisions of section III apply, with the necessary modifications, to designations to the board of directors by and from among the members of the institution’s multidisciplinary board.
M.O. 2006-013, s. 28.
DIVISION VI
DESIGNATION BY AND AMONG PERSONNEL NOT MEMBERS OF THE INSTITUTION’S BOARD OF PHYSICIANS, DENTISTS, AND PHARMACISTS; BOARD OF NURSES OR MULTIDISCIPLINARY BOARD
29. The provisions of section III apply, with the necessary modifications, to designations to the board of directors by and from among the personnel of an institution referred to in this section.
The list of persons concerned by this designation, which the president and executive director must send to the officer, shall be drawn up from the contact information in the institution’s personnel files.
M.O. 2006-013, s. 29.
DIVISION VII
DESIGNATION BY THE BOARDS OF DIRECTORS OF INSTITUTION FOUNDATIONS
30. Not later than 40 days before the date of the designations, the president and executive director must send the officer the name and address of all institution foundations as defined in section 132.2 of the Act, as well as the name of the chairs of foundation boards.
M.O. 2006-013, s. 30.
31. Not later than 35 days before the date of the designations, the officer shall send the board of directors of each foundation in question notice of their right to take part in the designation of an individual as a member of the institution’s board of directors.
This notice must mention the restrictions set out in section 150 and the third paragraph of section 151 of the Act and indicate the provisions that must be followed in the designation process.
M.O. 2006-013, s. 31.
32. The officer must receive nominations not later than 5:00 p.m. the day before the designations are to be made. To submit a nomination, the foundation’s board of directors must send the officer a copy of a board resolution indicating the name of the candidate nominated, along with the original nomination paper provided for in Schedule I, duly completed and signed by the candidate.
The provisions of the first paragraph of section 10 apply, with the necessary modifications, if by the end of the nomination period no candidates have been nominated or valid nominations received.
M.O. 2006-013, s. 32.
33. The officer shall draw up the list of candidates nominated by the foundations in question.
If there is only one valid nomination, the officer shall declare the candidate designated. He or she shall then complete the designation certificate provided for in Schedule II and send a copy of this certificate, the candidate’s nomination papers, and any resolution received pursuant to section 32 to the minister within 3 days.
Within the same period, the officer shall send the original documents to the president and executive director of the institution.
The president and executive director shall post a copy of the designation certificate in a location accessible to the public in each of the institution’s facilities.
M.O. 2006-013, s. 33.
34. If more than one candidate has been nominated, the person nominated by the greatest number of foundations shall be designated a member of the institution’s board of directors.
If there is a tie vote, the officer shall immediately draw lots from among the candidates who obtained the greatest number of nominations to designate a candidate.
M.O. 2006-013, s. 34.
35. The officer shall complete the designation certificate provided for in Schedule II and send a copy of this certificate, the designated candidate’s nomination papers, and any resolution received pursuant to section 32 to the minister within 3 days.
Within the same period, the officer shall send these original documents, as well as nomination papers for nondesignated candidates and all resolutions received under section 32, to the president and executive director of the institution.
The president and executive director shall post a copy of the designation certificate in each facility of the institution in a location accessible to the public.
M.O. 2006-013, s. 35.
DIVISION VIII
FINAL PROVISIONS
36. This Regulation replaces the Regulation respecting the designation procedure for certain members of the board of directors of the public institution contemplated in Part IV.2 of the Act respecting health services and social services (M.O. 2002-010, 2002-07-31).
M.O. 2006-013, s. 36.
37. (Omitted).
M.O. 2006-013, s. 37.
DESIGNATION
NORD-DU-QUÉBEC INSTITUTION
Nomination Paper


Institution(s) I.D. No.



Designation college
Section I - Nomination
Candidate’s last and first name Sex
M F Date of birth
Y M D
Address Occupation
Municipality Province Postal Code Employer


Area Code
Home phone Area Code
Work phone
Ext.

Section II - Candidate’s consent
CONDITIONS REQUIRED TO BE A MEMBER
OF AN INSTITUTION’S BOARD OF DIRECTORS
1. Québec resident;
2. Age of majority (18 or over);
3. Not be under wardship or guardianship;
4. Not found guilty in the past five years of a crime punishable by three or more years of incarceration;
5. Not have been dismissed as the member of an institution’s, regional board’s, or health and social service agency’s board of directors in the past three years;
6. Not have been declared guilty in the past three years of an infraction of the Act respecting health services and social services or the regulations;
7. Not work for any of the institutions indicated above or at a center run by such institutions, unless the designation under this form is made by one of the following colleges: the board of physicians, dentists and pharmacists; board of nurses; multidisciplinary board; board of midwives; or nonclinical staff.
I hereby acknowledge that I have read this information and declare that I meet the above conditions for candidacy. I also authorize the disclosure of the information on this form to the health and social service agency and Ministère de la Santé et des Services sociaux (MSSS) if I am designated a member of the board of directors. Information disclosed to the agency and MSSS is governed by the Act respecting Access to documents held by public bodies and the Protection of personal information.
In witness whereof, I have signed in on

Candidate’s signature



Section III - Acceptance by designation officer
Nomination accepted Nomination rejected
Reason(s) for rejection:



Designation officer’s signature
Date
Pursuant to sections 64 and 65 of the Act respecting Access to documents held by public bodies and the Protection of personal information
1. The information on this form is gathered for the institution concerned and, if the candidate is designated, for the health and social service agency and Ministère de la Santé et des Services sociaux. 2. The information transmitted to the agency and MSSS is used to make up records for management and control purposes of the members of health and social service institution boards. 3. The following persons will have access to this information:
Employees of the institution in question, the agency, and MSSS in the performance of their duties;
Any other user meeting the requirements of the abovementioned act. 4. All information on the form is required.
M.O. 2006-013, Sch. I.
DESIGNATION
NORD-DU-QUÉBEC INSTITUTION
Designation Certificate
Designation college: ___________________________________
Number of positions to be filled: __________
Executive director of: __________(Name of institution(s))__________
I, the undersigned, the officer in charge of the designation process, declare that on ________________ the following candidate(s) was (were) designated to the position of member of the board of directors of the above-mentioned institution(s):
Name
(1) ______________________________________________________________________________
(2) ______________________________________________________________________________
(3) ______________________________________________________________________________
( ) The number of candidates was lower than or equal to the number of positions to be filled.
( ) The number of candidates was higher than the number of positions to be filled, and the designated candidate(s) received the greatest number of nominations or votes.
( ) Due to an equal number of nominations or a tie vote, the candidate(s) ____________________ was (were) designated in a draw held on __________
Signed in ____________________, on ____________________
______________________________
Signature
______________________________
Name of designation officer
M.O. 2006-013, Sch. II.
DESIGNATION
NORD-DU-QUÉBEC INSTITUTION
Declaration of Designation Not Made
Designation college: __________________________________________________________________
Institution(s): ________________________________________________________________________
I, the undersigned, the officer in charge of the designation process, hereby declare that no designation was made for the above institution(s), for the following reason:
No nominations were received ( )
No valid nominations were received ( )
Signed in ____________________, on ____________________
______________________________
Signature
______________________________
Name of designation officer
M.O. 2006-013, Sch. III.
DESIGNATION
NORD-DU-QUÉBEC INSTITUTION
Nomination Paper


Institution(s) I.D. No.



Designation college:
Section I - Nomination Section II - Nominators
Candidate’s last and first name 1- Nominator’s last and first name*
Sex
M F Date of birth
Y M D Address

Address Phone
Municipality Province Postal code Nominator’s signature


Area code
Home phone Area code
Work phone
Ext. 2- Nominator’s last and first name*

Occupation Address
Employer Phone
* Nominator must be a member of the above designation college. Nominator’s signature
Section III - Candidate’s consent
CONDITIONS REQUIRED TO BE A MEMBER
OF AN INSTITUTION’S BOARD OF DIRECTORS
1. Québec resident;
2. Age of majority (18 or over);
3. Not be under wardship or guardianship;
4. Not found guilty in the past five years of a crime punishable by three or more years of incarceration;
5. Not have been dismissed as the member of an institution’s, regional board’s, or health and social service agency’s board of directors in the past three years;
6. Not have been declared guilty in the past three years of an infraction of the Act respecting health services and social services or the regulations.
I hereby acknowledge that I have read this information and declare that I meet the above conditions for candidacy. I also authorize the disclosure of the information on this form to the health and social service agency and Ministère de la Santé et des Services sociaux if I am designated a member of the board of directors. Information disclosed to the agency and MSSS is governed by the Act respecting Access to documents held by public bodies and the Protection of personal information.
In witness whereof, I have signed in on

Candidate’s signature
Section IV - Acceptance by designation officer
Nomination accepted Nomination rejected
Reason(s) for rejection:




Designation officer’s signature
Date
Pursuant to sections 64 and 65 of the Act respecting Access to documents held by public bodies and the Protection of personal information
1. The information on this form is gathered for the institution concerned and, if the candidate is designated, for the health and social service agency and ministère de la Santé et des Services sociaux. 2. The information transmitted to the agency and MSSS is used to make up records for management and control purposes of the members of health and social service institution boards. 3. The following persons will have access to this information:
Employees of the institution in question, the agency, and MSSS in the performance of their duties;
Any other user meeting the requirements of the abovementioned act. 4. All information on the form is required.
M.O. 2006-013, Sch. IV.
DESIGNATION
NORD-DU-QUÉBEC INSTITUTION
Candidate Information Sheet PHOTO
Institution(s): ________________________________________________________________________
Candidate’s name: ____________________________________________________________________
Municipality of Municipality of
residence: ____________________ workplace: ____________________
Candidate profile (education, occupation, experience):
Reasons for candidacy:
Social, community, volunteer involvement, etc.:
Candidate’s consent: I authorize the disclosure of the information herein as part of the designation process in which I am a candidate.
____________________ _________________________
Date Candidate’s signature
____________________ _________________________
Date Designation officer’s signature
M.O. 2006-013, Sch. V.
DESIGNATION
NORD-DU-QUÉBEC INSTITUTION
Vote Count Report
Institution(s): ________________________________________________________________________
Designation college: __________________________________________________________________
Polling location: ______________________________________________
In accordance with the polling notice, the vote count took place on ____________________, in _____________________
Envelopes with voter identified: __________
Envelopes containing no vote envelopes: __________
Envelopes containing more than one vote envelope: __________
Vote envelopes counted: __________
Uncounted vote envelopes: __________
Candidates Number of votes
(1) ____________________ ____________________
(2) ____________________ ____________________
(3) ____________________ ____________________
Valid ballots __________
Rejected ballots __________
Total __________
Signed in ____________________, on ____________________
_______________________________
Signature
_______________________________
Name of designation officer
_______________________________
Name(s) of scrutineer(s)
M.O. 2006-013, Sch. VI.
DESIGNATION
NORD-DU-QUÉBEC INSTITUTION
Compilation of vote counts and draw results
Institution(s): ________________________________________________________________________
Designation college: __________________________________________________________________
Polling date: ________________________________________________________________________
Polling period: _______________________________________________________________________
(1) Vote Count Report
Envelopes with voter identified: __________
Envelopes containing no vote envelopes: __________
Envelopes containing more than one vote envelope: __________
Vote envelopes counted: __________
Uncounted vote envelopes: __________
Candidates Number of votes
(1) ___________________ __________
(2) ___________________ __________
(3) ___________________ __________
Valid ballots __________
Rejected ballots __________
Total __________
(2) Draw results
The following candidates received the same number of votes:
_____________________________
_____________________________
_____________________________
_____________________________
A random draw was held on ____________________, in ____________________
The following candidate’s name was drawn:
_____________________________
Signed in _____________________, on _____________________
_____________________________
Signature
_____________________________
Name of designation officer
M.O. 2006-013, Sch. VII.
REFERENCES
M.O. 2006-013, 2006 G.O. 2, 2895