O-7.2 - Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies

Full text
chapter O-7.2
Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies
ORGANIZATION OF THE HEALTH AND SOCIAL SERVICES NETWORKFebruary 9 2015February 9 2015
CHAPTER II
INTEGRATED HEALTH AND SOCIAL SERVICES CENTRES AND UNAMALGAMATED INSTITUTIONS
DIVISION IV
BOARDS OF DIRECTORS OF INTEGRATED HEALTH AND SOCIAL SERVICES CENTRES AND UNAMALGAMATED INSTITUTIONS
§ 1.  — Composition, term of office and qualifications of members
12. The Minister determines, by regulation, the procedure for designating the persons referred to in paragraphs 1 to 6 of sections 9 and 10.
The designations are made on the date determined by the Minister. The persons so designated take office on that date.
2015, c. 1, s. 12.
13. If a position remains vacant after the application of section 12, the Minister appoints a person to the position within 120 days.
2015, c. 1, s. 13.
14. The lists of names sent to the Minister under paragraph 7 of sections 9 and 10 must contain an equal number of men and women, and consist of at least four names. If the Minister is unable to obtain such a list, the Minister may appoint any person of his or her choice.
The lists referred to in paragraph 9 of sections 9 and 10 must consist of at least two names.
2015, c. 1, s. 14.
15. Before appointing the independent directors, the Minister must establish competency, expertise or experience profiles in the following areas:
(1)  governance and ethics competency;
(2)  risk management, finance and accounting competency;
(3)  human, property and information resources competency;
(4)  auditing, performance and quality management competency;
(5)  expertise with respect to community organizations;
(6)  youth protection expertise;
(7)  rehabilitation expertise;
(8)  mental health expertise; and
(9)  experience as a user of social services.
For each board of directors of an integrated health and social services centre, the Minister must appoint one independent director for each of the profiles listed in subparagraphs 1 to 9 of the first paragraph. If such an institution is located in a health region where a university offers a complete undergraduate program in medicine, or operates a centre designated as a university institute in the social sector, an additional independent director must be appointed for the profile referred to in subparagraph 7 of that paragraph. In the case of the board of directors of an unamalgamated institution, at least one independent director must be appointed for each of the profiles listed in subparagraphs 1 to 4 and 9 of the first paragraph.
In the case of the board of directors of an integrated health and social services centre, one of the independent directors corresponding to a profile listed in any of subparagraphs 1 to 4 of the first paragraph must be appointed from a list of names provided by the regional committee formed in accordance with section 510 of the Act respecting health services and social services (chapter S-4.2).
2015, c. 1, s. 15.
16. For the purposes of the independent director appointment process, the Minister establishes one or more committees of governance experts to make recommendations to the Minister, in particular with regard to the candidates to be considered and to what extent their profile corresponds to the profiles established under the first paragraph of section 15.
Each expert committee is composed of seven members appointed by the Minister. Four of those members are appointed on the recommendation of a body identified by the Minister and having recognized expertise in the governance of public bodies. At the time of appointment, each of the other three members must have experience as a chair of the board of directors of an institution. Members of an expert committee may not, in any capacity, be designated or appointed as members of the board of directors.
Each expert committee’s candidate selection process must include a general invitation for applications. The committee proposes two candidates to the Minister for each position to be filled.
2015, c. 1, s. 16.
17. When appointing directors, the Minister must ensure adequate representation of the various parts of the territory served by the institution; he or she must also take into account the sociocultural, ethnocultural, linguistic and demographic composition of the user population.
In addition, the board of directors must be composed of an equal number of women and men. An equal number is presumed if the difference is not more than two.
The president and executive director is not counted.
2015, c. 1, s. 17.
DIVISION V
PRESIDENT AND EXECUTIVE DIRECTOR AND ASSISTANT PRESIDENT AND EXECUTIVE DIRECTOR OF INTEGRATED HEALTH AND SOCIAL SERVICES CENTRES AND UNAMALGAMATED INSTITUTIONS
34. The Government determines the remuneration, employee benefits and other conditions of employment of the president and executive director.
The Minister determines, by regulation, the standards and scales governing the selection, appointment, hiring, remuneration, employee benefits and other conditions of employment of the assistant president and executive director.
A regulation under this section must be authorized by the Conseil du trésor.
2015, c. 1, s. 34.
CHAPTER VI
AMENDING PROVISIONS
ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES
159. (Amendment integrated into c. S-4.2, s. 131).
2015, c. 1, s. 159.
160. (Amendment integrated into c. S-4.2, s. 173).
2015, c. 1, s. 160.
162. (Amendment integrated into c. S-4.2, s. 274).
2015, c. 1, s. 162.
163. (Amendment integrated into c. S-4.2, s. 346.0.10).
2015, c. 1, s. 163.
166. (Amendment integrated into c. S-4.2, s. 487.2).
2015, c. 1, s. 166.
CHAPTER VII
MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS
171. To ensure that the Minister is able to exercise his or her new functions under this Act, persons who are employees of an agency, public institution or health and social services network employers’ association on 9 February 2015 and who are identified by the Conseil du trésor on the recommendation of the Minister become, on 1 April 2015 and without further formality, employees of the Ministère de la Santé et des Services sociaux.
The total number of employees so transferred must not exceed 10% of the total number of persons, excluding those who exercise functions related to public health, who are agency employees on 25 September 2014.
Such employees are deemed to have been appointed in accordance with the Public Service Act (chapter F-3.1.1). For casual employees of health and social services agencies and public institutions, this presumption applies only to the unexpired portion of their contract.
The Conseil du trésor determines their remuneration and their classification and any other condition of employment applicable to them.
2015, c. 1, s. 171.
172. Where this Act provides that more than one public institution has its head office in the same region, the Minister determines how the agency’s staff is to be distributed among the integrated health and social services centres and unamalgamated institutions in the region in proportion to their staff or on the basis of available positions, as applicable.
The provisions of the collective agreements that pertain to the total closure of a particular institution and the creation of a new institution, or the total or partial integration of the particular institution into one or more institutions, apply, with the necessary modifications, to the transfer of employees under the first paragraph, whether or not activities are to be transferred to those institutions.
The employees are informed by the agency of the name of their new employer and become, on 1 April 2015 and without further formality, employees of that institution.
2015, c. 1, s. 172.
188. The term of office of the members of the boards of directors of amalgamated health and social services agencies and institutions ends on 31 March 2015. This also holds for members of the boards of directors of the Centre de santé et de services sociaux des Îles, of grouped institutions and of unamalgamated institutions.
2015, c. 1, s. 188.
189. The positions of senior administrator, senior management officer and, if they perform administrative duties, middle management officer of amalgamated or grouped institutions and the positions of executive director of unamalgamated institutions are abolished on 31 March 2015. Persons who occupy such positions are deemed to have received the notices required under, as applicable, sections 86, 92 and 94 of the Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions (chapter S-4.2, r. 5.1) or sections 92 and 94 of the Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions (chapter S-4.2, r. 5.2), and the time limits prescribed by those sections are deemed to be expired.
The contract of the president and executive director of an agency ends on 31 March 2015. He or she is deemed to have received the notices required under the applicable conditions of employment, and the time limits prescribed are deemed to be expired.
Any person referred to in this section whose position has been eliminated is not entitled to indemnities other than those provided under his or her conditions of employment. An executive director of an institution who chooses to maintain his or her employment contract may benefit from this measure for a period of not more than 12 months.
2015, c. 1, s. 189.
190. For the purpose of appointing the members of the first board of directors of an integrated health and social services centre referred to in section 10, the list of names mentioned in paragraph 7 of that section is to be provided by the universities with which the amalgamated institutions are affiliated.
2015, c. 1, s. 190.
191. To ensure the smooth operation of integrated health and social services centres and unamalgamated institutions as of 1 April 2015, and despite paragraph 9 of sections 9 and 10, the first president and executive director of each of those institutions is appointed by the Minister after a selection process initiated by the Minister, including an invitation for applications held as determined by the Minister.
The president and executive director may, on his or her appointment, appoint the first director of human resources and the first director of financial resources after a selection process initiated by the Minister, including an invitation for applications held as determined by the Minister. An appointment made before 1 April 2015 takes effect on that date.
2015, c. 1, s. 191.
192. For the first appointment of members of a board of directors under this Act, the second and third paragraphs of section 17 apply without taking into account the members designated under paragraphs 1 to 6 of sections 9 and 10.
The first regulation made under the first paragraph of section 12 is not subject to the publication requirement or the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).
2015, c. 1, s. 192.
193. Despite section 33, the first assistant president and executive director of an integrated health and social services centre or an unamalgamated institution is appointed by the Minister after a selection process initiated by the Minister, including an invitation for applications held as determined by the Minister.
2015, c. 1, s. 193.
194. Despite section 137 and until the Minister makes a regulation under the second paragraph of section 34, the provisions of the Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions (chapter S-4.2, r. 5.2) that are applicable to an executive director and are not contrary to the provisions of this Act apply to the assistant president and executive director of the institution.
The selection committee referred to in section 8 of the Regulation is composed of five members, of whom two are designated by the Minister and three by the institution. The recommendations of the selection committee must receive the consent of the majority of the committee members, including that of at least one person designated by the Minister.
2015, c. 1, s. 194.
201. The Minister is not required to inform each health and social services agency, before 1 April 2015, of the amount the Minister allocates to its operating budget for the following fiscal year, and no operating budget for the fiscal year beginning on that date is sent to the agency.
2015, c. 1, s. 201.
217. The Government may, by regulation, take any measure necessary or useful for carrying out this Act and fully achieving its purpose.
A regulation made under this section is not subject to the publication requirement or the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1) and may apply, after publication and if the regulation so provides, from a date not prior to 1 April 2015.
2015, c. 1, s. 217.
218. If an employers’ association in the health and social services network or a group of institutions ceases its activities, the Government may, after consulting with the public institutions concerned, determine, with regard to any text, who is to assume the functions, powers or responsibilities that such a text entrusts to the association or group.
2015, c. 1, s. 218.
222. The Minister of Health and Social Services is responsible for the administration of this Act.
2015, c. 1, s. 222.
223. (Omitted).
2015, c. 1, s. 223.