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S-4.2 - Act respecting health services and social services

Section 265
Disposition versions

Full text
265. No public institution may
(1)  acquire shares in another legal person or operate a commercial enterprise, except with the advice of the agency concerned and to the extent provided in an agreement entered into with the Minister, the terms of which shall be made public by the institution;
(2)  grant loans to third persons out of the sums of money administered by it;
(3)  guarantee, endorse or otherwise grant security for payment of the obligation of a third person;
(4)  dispose gratuitously of property, except in the case of property of small value or, with the prior authorization of the agency, where the property is disposed of in the interest of the institution or its mission, in favour of another institution or for humanitarian purposes;
(5)  neglect to exercise or renounce a right belonging to it, except for value;
(6)  grant any subsidy to a third person, except in the case of amounts that may be paid, or goods and services that may be provided, to users or other persons as material or financial assistance under this Act or any other legislative or regulatory provision.
An action for nullity of a decision, by-law, resolution or contract made or adopted by an institution contrary to the first paragraph may be instituted by the Minister, the agency or any other interested person.
Organization by an institution of activities which are subsidiary to the health services or social services it provides shall not constitute a commercial enterprise.
The prohibition under subparagraph 2 of the first paragraph does not apply where an institution lends money to another institution, if both institutions are administered by the same board of directors.
Despite subparagraph 4 of the first paragraph, an institution may, with the authorization of the Minister, provide supplies and medecines gratuitously to a private health facility. An agreement between the institution and the operator of the private health facility must determine the cases in which and conditions on which the supplies and medications are to be provided, as well as the applicable control measures.
1991, c. 42, s. 265; 1996, c. 36, s. 51; 1998, c. 39, s. 84; 2005, c. 32, s. 227; 2017, c. 21, s. 41.
265. No public institution may
(1)  acquire shares in another legal person or operate a commercial enterprise, except with the advice of the agency concerned and to the extent provided in an agreement entered into with the Minister, the terms of which shall be made public by the institution;
(2)  grant loans to third persons out of the sums of money administered by it;
(3)  guarantee, endorse or otherwise grant security for payment of the obligation of a third person;
(4)  dispose gratuitously of property, except in the case of property of small value or, with the prior authorization of the agency, where the property is disposed of in the interest of the institution or its mission, in favour of another institution or for humanitarian purposes;
(5)  neglect to exercise or renounce a right belonging to it, except for value;
(6)  grant any subsidy to a third person, except in the case of amounts that may be paid, or goods and services that may be provided, to users or other persons as material or financial assistance under this Act or any other legislative or regulatory provision.
An action for nullity of a decision, by-law, resolution or contract made or adopted by an institution contrary to the first paragraph may be instituted by the Minister, the agency or any other interested person.
Organization by an institution of activities which are subsidiary to the health services or social services it provides shall not constitute a commercial enterprise.
The prohibition under subparagraph 2 of the first paragraph does not apply where an institution lends money to another institution, if both institutions are administered by the same board of directors.
1991, c. 42, s. 265; 1996, c. 36, s. 51; 1998, c. 39, s. 84; 2005, c. 32, s. 227.
265. No public institution may
(1)  acquire shares in another legal person or operate a commercial enterprise, except with the advice of the regional board concerned and to the extent provided in an agreement entered into with the Minister, the terms of which shall be made public by the institution;
(2)  grant loans to third persons out of the sums of money administered by it;
(3)  guarantee, endorse or otherwise grant security for payment of the obligation of a third person;
(4)  dispose gratuitously of property, except in the case of property of small value or, with the prior authorization of the regional board, where the property is disposed of in the interest of the institution or its mission, in favour of another institution or for humanitarian purposes;
(5)  neglect to exercise or renounce a right belonging to it, except for value;
(6)  grant any subsidy to a third person, except in the case of amounts that may be paid, or goods and services that may be provided, to users or other persons as material or financial assistance under this Act or any other legislative or regulatory provision.
An action for nullity of a decision, by-law, resolution or contract made or adopted by an institution contrary to the first paragraph may be instituted by the Minister, the regional board or any other interested person.
Organization by an institution of activities which are subsidiary to the health services or social services it provides shall not constitute a commercial enterprise.
The prohibition under subparagraph 2 of the first paragraph does not apply where an institution lends money to another institution, if both institutions are administered by the same board of directors.
1991, c. 42, s. 265; 1996, c. 36, s. 51; 1998, c. 39, s. 84.
265. No public institution may
(1)  acquire shares in another legal person or operate a commercial enterprise, except with the advice of the regional board concerned and to the extent provided in an agreement entered into with the Minister, the terms of which shall be made public by the institution;
(2)  grant loans to third persons out of the sums of money administered by it;
(3)  guarantee, endorse or otherwise grant security for payment of the obligation of a third person;
(4)  dispose gratuitously of property, except in the case of property of small value or, with the prior authorization of the regional board, where the property is disposed of in the interest of the institution or its mission, in favour of another institution or for humanitarian purposes;
(5)  neglect to exercise or renounce a right belonging to it, except for value;
(6)  grant any subsidy to a third person, except in the case of amounts that may be paid, or goods and services that may be provided, to users or other persons as material or financial assistance under this Act or any other legislative or regulatory provision.
An action for nullity of a decision, by-law, resolution or contract made or adopted by an institution contrary to the first paragraph may be instituted by the Minister, the regional board or any other interested person.
Organization by an institution of activities which are subsidiary to the health services or social services it provides shall not constitute a commercial enterprise.
1991, c. 42, s. 265; 1996, c. 36, s. 51.
265. No public institution may
(1)  acquire shares in another corporation or operate a commercial enterprise, except with the advice of the regional board concerned and to the extent provided in an agreement entered into with the Minister, the terms of which shall be made public by the institution;
(2)  grant loans to third persons out of the sums of money administered by it;
(3)  guarantee, endorse or otherwise grant security for payment of the obligation of a third person;
(4)  dispose gratuitously of property, except in the case of property of small value or, with the prior authorization of the regional board, where the property is disposed of in the interest of the institution or its mission, in favour of another institution or for humanitarian purposes;
(5)  neglect to exercise or renounce a right belonging to it, except for value;
(6)  grant any subsidy to a third person, except in the case of amounts that may be paid, or goods and services that may be provided, to users or other persons as material or financial assistance under this Act or any other legislative or regulatory provision.
An action for nullity of a decision, by-law, resolution or contract made or adopted by an institution contrary to the first paragraph may be instituted by the Minister, the regional board or any other interested person.
Organization by an institution of activities which are subsidiary to the health services or social services it provides shall not constitute a commercial enterprise.
1991, c. 42, s. 265.
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