S-4.2 - Act respecting health services and social services

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131. For the purposes of section 129, a person qualifies as independent if the person has no direct or indirect relation or interest, in particular of a financial, commercial, professional or philanthropic nature, likely to interfere with the quality of the person’s decisions as regards the interests of the institution.
A person is deemed not to be independent if that person
(1)  is in the employ of the institution or has been in such employ in the three years before being elected, designated, appointed or co-opted to office, or practises or has practised a profession in the institution;
(2)  has an immediate family member who is the executive director, an assistant executive director, a senior managerial advisor or a senior management officer of the institution;
(3)  provides goods or services for valuable consideration to the institution;
(4)  is employed by the Ministère de la Santé et des Services sociaux or by the Régie de l’assurance maladie du Québec, receives remuneration from the Régie or is a member of the board of directors of the Régie; or
(5)  is a user lodged in the institution.
For the purposes of this section, immediate family member means a person’s spouse or child, the spouse’s child, the person’s mother or father, the spouse of the person’s mother or father, or the spouse of the person’s child or of the person’s spouse’s child.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1996, c. 36, s. 6; 1998, c. 39, s. 46; 1999, c. 24, s. 27; 2001, c. 24, s. 15; 2005, c. 32, s. 69; 2011, c. 15, s. 9; 2015, c. 1, s. 159.
131. For the purposes of section 129, a person qualifies as independent if the person has no direct or indirect relation or interest, in particular of a financial, commercial, professional or philanthropic nature, likely to interfere with the quality of the person’s decisions as regards the interests of the institution.
A person is deemed not to be independent if that person
(1)  is in the employ of the institution or has been in such employ in the three years before being elected, designated, appointed or co-opted to office, or practises or has practised a profession in the institution;
(2)  has an immediate family member who is the executive director, an assistant executive director or a senior management officer of the institution;
(3)  provides goods or services for valuable consideration to the institution;
(4)  is employed by the Ministère de la Santé et des Services sociaux, by an agency or by the Régie de l’assurance maladie du Québec, receives remuneration from the Régie or is a member of the board of directors of an agency or of the Régie; or
(5)  is a user lodged in the institution.
For the purposes of this section, immediate family member means a person’s spouse or child, the spouse’s child, the person’s mother or father, the spouse of the person’s mother or father, or the spouse of the person’s child or of the person’s spouse’s child.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1996, c. 36, s. 6; 1998, c. 39, s. 46; 1999, c. 24, s. 27; 2001, c. 24, s. 15; 2005, c. 32, s. 69; 2011, c. 15, s. 9.
131. The board of directors of an institution referred to in the first paragraph of section 126 is composed of the following persons, who become members of the board as and when they are elected or designated:
(1)  four persons elected by the general public at the election held under section 135;
(2)  two persons designated by the users’ committee of the institution;
(3)  one person designated by and from among the members of the council of physicians, dentists and pharmacists of the institution;
(4)  one person designated by and from among the members of the council of nurses of the institution;
(5)  one person designated by and from among the members of the multidisciplinary council of the institution;
(6)  one person designated by and from among the personnel members of the institution who is not a member of any of the councils mentioned in paragraphs 3 to 5;
(7)  where applicable, one person designated by the boards of directors of the foundations of the institution and one person designated by the members of a legal person within the meaning of section 139;
(8)  two persons designated by the agency concerned and chosen from a list of names provided by the institutions in the region that are referred to in section 119;
(9)  three persons recognized for their management skills and designated by the members referred to in paragraphs 1 to 8, at least one of whom is chosen from a list of names provided by the community organizations identified by the agency concerned that serve the people in the region; and
(10)  the executive director of the institution or institutions.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1996, c. 36, s. 6; 1998, c. 39, s. 46; 1999, c. 24, s. 27; 2001, c. 24, s. 15; 2005, c. 32, s. 69.
131. The board of directors of the institutions referred to in the first paragraph of section 126 shall be composed of the following persons, who shall be members of the board as and when they are designated :
(1)  five persons elected by the population at the election held under section 135 ;
(2)  where applicable, one person designated by the users’ committee of the institution ;
(3)  one person designated by and from among the physicians of the regional department of general medicine practising in the territory served by the institution or, in the case of an institution which operates a hospital centre, in the territory of the regional county municipality or in the territory served by an institution which operates a local community service centre and in which the head office of that institution is located ;
(4)  one person designated by and from among the members of the council of nurses of the institution ;
(5)  one person designated by and from among the members of the multidisciplinary council of the institution ;
(6)  where applicable, one person designated by the boards of directors of the foundations of the institution ;
(7)  where applicable, one person designated by the members of a legal person designated under section 139 ;
(8)  where applicable, one person designated by and from among the council of midwives of the institution ;
(9)  three persons designated by the agency and having their principal residence in the territory determined in paragraph 3, two being recognized for their experience and management skills and the third being from the professional community in the health and social services sector ;
(10)  two persons designated by the members referred to in paragraphs 1 to 9, one being chosen from a list of names provided by the community organizations in the territory determined in paragraph 3 and the other from a list of names provided by the socio-economic organizations of the territory ;
(11)  the executive director of the institution.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1996, c. 36, s. 6; 1998, c. 39, s. 46; 1999, c. 24, s. 27; 2001, c. 24, s. 15.
131. The board of directors of the institutions referred to in the first paragraph of section 126 shall be composed of the following persons, who shall be members of the board as and when they are designated :
(1)  five persons elected by the population at the election held under section 135 ;
(2)  where applicable, one person designated by the users’ committee of the institution ;
(3)  one person designated by and from among the physicians of the regional department of general medicine practising in the territory served by the institution or, in the case of an institution which operates a hospital centre, in the territory of the regional county municipality or in the territory served by an institution which operates a local community service centre and in which the head office of that institution is located ;
(4)  one person designated by and from among the members of the council of nurses of the institution ;
(5)  one person designated by and from among the members of the multidisciplinary council of the institution ;
(6)  where applicable, one person designated by the boards of directors of the foundations of the institution ;
(7)  where applicable, one person designated by the members of a legal person designated under section 139 ;
(8)  where applicable, one person designated by and from among the council of midwives of the institution ;
(9)  three persons designated by the regional board and having their principal residence in the territory determined in paragraph 3, two being recognized for their experience and management skills and the third being from the professional community in the health and social services sector ;
(10)  two persons designated by the members referred to in paragraphs 1 to 9, one being chosen from a list of names provided by the community organizations in the territory determined in paragraph 3 and the other from a list of names provided by the socio-economic organizations of the territory ;
(11)  the executive director of the institution.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1996, c. 36, s. 6; 1998, c. 39, s. 46; 1999, c. 24, s. 27; 2001, c. 24, s. 15.
131. The board of directors of an institution which operates a local community service centre or of an institution designated as a health care centre shall be composed of the following persons, who shall be members of the board as and when they are elected or appointed:
(1)  five persons elected by the population at the election held pursuant to section 135;
(2)  three persons elected by and from among the persons employed by the institution or practising their professions in one of the centres operated by the institution, provided, however, the position titles of the elected persons are different and, where applicable, those persons are members of different professional orders; however, in the case of an institution which operates both a local community service centre and a hospital centre, four persons or, where the institution has entered into a service contract under section 259.2 with not fewer than five midwives, five persons shall be elected, one by and from among the physicians, dentists and pharmacists practising in one of the centres operated by the institution, one by and from among the nurses employed by the institution, one, where applicable, by and from among the midwives who have entered into such a contract, one by and from among the members of the multidisciplinary council referred to in section 226, including persons performing nursing assistant activities for the institution, and the last by and from among the other persons employed by the institution;
(3)  where applicable, two persons appointed by the users’ committee of the institution;
(3.1)  three persons appointed by the members of the legal person where the institution is a legal person designated by the Minister pursuant to section 139;
(4)  where applicable, one person or, if paragraph 3.1 cannot be applied, two persons appointed by the board of directors of the foundation of the institution or, if there is more than one foundation for the institution, elected jointly by the boards of directors of those foundations;
(5)  the executive director of the institution;
(6)  two persons appointed by the members referred to in paragraphs 1 and 3 to 4.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1996, c. 36, s. 6; 1998, c. 39, s. 46; 1999, c. 24, s. 27.
131. The board of directors of an institution which operates a local community service centre or of an institution designated as a health care centre shall be composed of the following persons, who shall be members of the board as and when they are elected or appointed:
(1)  five persons elected by the population at the election held pursuant to section 135;
(2)  three persons elected by and from among the persons employed by the institution or practising their professions in one of the centres operated by the institution, provided, however, the position titles of the elected persons are different and, where applicable, those persons are members of different professional orders; however, in the case of an institution which operates both a local community service centre and a hospital centre, four persons shall be elected, one by and from among the physicians, dentists and pharmacists practising in one of the centres operated by the institution, one by and from among the nurses employed by the institution, one by and from among the members of the multidisciplinary council referred to in section 226, including persons performing nursing assistant activities for the institution, and the last by and from among the other persons employed by the institution;
(3)  where applicable, two persons appointed by the users’ committee of the institution;
(3.1)  three persons appointed by the members of the legal person where the institution is a legal person designated by the Minister pursuant to section 139;
(4)  where applicable, one person or, if paragraph 3.1 cannot be applied, two persons appointed by the board of directors of the foundation of the institution or, if there is more than one foundation for the institution, elected jointly by the boards of directors of those foundations;
(5)  the executive director of the institution;
(6)  two persons appointed by the members referred to in paragraphs 1 and 3 to 4.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1996, c. 36, s. 6; 1998, c. 39, s. 46.
131. The board of directors of an institution which operates a local community service centre or of an institution designated as a health care centre shall be composed of the following persons, who shall be members of the board as and when they are elected or appointed:
(1)  five persons elected by the population at the public meeting held pursuant to section 135;
(2)  three persons elected by and from among the persons employed by the institution or practising their professions in one of the centres operated by the institution, provided, however, the position titles of the elected persons are different and, where applicable, those persons are members of different professional orders; however, in the case of an institution which operates both a local community service centre and a hospital centre, four persons shall be elected, one by and from among the physicians, dentists and pharmacists practising in one of the centres operated by the institution, one by and from among the nurses employed by the institution, one by and from among the members of the multidisciplinary council referred to in section 226, including persons performing nursing assistant activities for the institution, and the last by and from among the other persons employed by the institution;
(3)  where applicable, two persons elected by the members of the users’ committee of the institution;
(3.1)  three persons appointed by the members of the legal person where the institution is a legal person designated by the Minister pursuant to section 139;
(4)  where applicable, one person or, if paragraph 3.1 cannot be applied, two persons elected by the board of directors of the foundation whose object is to collect contributions made for the benefit of the institution;
(5)  the executive director of the institution;
(6)  two persons appointed by the members referred to in paragraphs 1 and 3 to 4.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1996, c. 36, s. 6.
131. The board of directors of an institution which operates a local community service centre or of an institution designated as a health care centre shall be composed of the following persons, who shall be members of the board as and when they are elected or appointed:
(1)  five persons elected by the population at the public meeting held pursuant to section 135;
(2)  three persons elected by and from among the persons employed by the institution or practising their professions in one of the centres operated by the institution, provided, however, the position titles of the elected persons are different and, where applicable, those persons are members of different professional orders; however, in the case of an institution designated as a health care centre which operates both a local community service centre and a hospital centre, four persons shall be elected, one by and from among the physicians, dentists and pharmacists practising in one of the centres operated by the institution, one by and from among the nurses employed by the institution, one by and from among the members of the multidisciplinary council referred to in section 226, including persons performing nursing assistant activities for the institution, and the last by and from among the other persons employed by the institution;
(3)  where applicable, two persons elected by the members of the users’ committee of the institution;
(3.1)  three persons appointed by corporation members where the institution is a corporation designated by the Minister pursuant to section 139;
(4)  where applicable, one person elected by the board of directors of the foundation attached to the institution concerned;
(5)  the executive director of the institution;
(6)  two persons appointed by the members referred to in paragraphs 1 and 3 to 4.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457.
131. The board of directors of an institution which operates a local community service centre or of an institution designated as a health care centre shall be composed of the following persons, who shall be members of the board as and when they are elected or appointed:
(1)  five persons elected by the population at the public meeting held pursuant to section 135;
(2)  three persons elected by and from among the persons employed by the institution or practising their professions in one of the centres operated by the institution, provided, however, the position titles of the elected persons are different and, where applicable, those persons are members of different professional corporations; however, in the case of an institution designated as a health care centre which operates both a local community service centre and a hospital centre, four persons shall be elected, one by and from among the physicians, dentists and pharmacists practising in one of the centres operated by the institution, one by and from among the nurses employed by the institution, one by and from among the members of the multidisciplinary council referred to in section 226, including persons performing nursing assistant activities for the institution, and the last by and from among the other persons employed by the institution;
(3)  where applicable, two persons elected by the members of the users’ committee of the institution;
(3.1)  three persons appointed by corporation members where the institution is a corporation designated by the Minister pursuant to section 139;
(4)  where applicable, one person elected by the board of directors of the foundation attached to the institution concerned;
(5)  the executive director of the institution;
(6)  two persons appointed by the members referred to in paragraphs 1 and 3 to 4.
1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70.
131. The board of directors of an institution which operates a local community service centre or of an institution designated as a health care centre shall be composed of the following persons, who shall be members of the board as and when they are elected or appointed:
(1)  five persons elected by the population at the public meeting held pursuant to section 135;
(2)  three persons elected by and from among the persons employed by the institution or practising their professions in one of the centres operated by the institution, provided, however, the position titles of the elected persons are different and, where applicable, those persons are members of different professional corporations; however, in the case of an institution designated as a health care centre which operates both a local community service centre and a hospital, four persons shall be elected, one by and from among the physicians, dentists and pharmacists practising in one of the centres operated by the institution, one by and from among the nurses employed by the institution, one by and from among the members of the multidisciplinary council referred to in section 226, including persons performing nursing assistant activities for the institution, and the last by and from among the other persons employed by the institution;
(3)  where applicable, two persons elected by the members of the users’ committee of the institution;
(3.1)  three persons appointed by corporation members where the institution is a corporation designated by the Minister pursuant to section 139;
(4)  where applicable, one person elected by the board of directors of the foundation attached to the institution concerned;
(5)  the executive director of the institution;
(6)  two persons appointed by the members referred to in paragraphs 1 and 3 to 4.
1991, c. 42, s. 131; 1992, c. 21, s. 11.
131. The board of directors of an institution which operates a local community service centre or of an institution designated as a health care centre shall be composed of the following persons, who shall be members of the board as and when they are elected or appointed:
(1)  five persons elected by the population at the public meeting held pursuant to section 135;
(2)  three persons elected by and from among the persons employed by the institution or practising their professions in one of the centres operated by the institution, provided, however, the position titles of the elected persons are different and, where applicable, those persons are members of different professional corporations; however, in the case of an institution designated as a health care centre which operates both a local community service centre and a hospital, four persons shall be elected, one by and from among the physicians, dentists and pharmacists practising in one of the centres operated by the institution, one by and from among the nurses employed by the institution, one by and from among the members of the multidisciplinary council referred to in section 226, including persons performing nursing aid activities for the institution, and the last by and from among the other persons employed by the institution;
(3)  where applicable, two persons elected by the members of the users’ committee of the institution;
(4)  where applicable, one person elected by the board of directors of the foundation attached to the institution concerned;
(5)  the executive director of the institution;
(6)  two persons appointed by the members referred to in paragraphs 1, 3 and 4.
1991, c. 42, s. 131.