A-29, r. 1 - Regulation respecting eligibility and registration of persons in respect of the Régie de l’assurance maladie du Québec

Updated to 1 September 2012

This document has official status.

chapter A-29, r. 1

Regulation respecting eligibility and registration of persons in respect of the Régie de l’assurance maladie du Québec

Health Insurance Act

(chapter A-29, ss. 9 and 69).

DIVISION I DEFINITIONS

1. In this Regulation,

“Act” means the Health Insurance Act (chapter A-29); (Loi)

“advance registration” means contacting the Régie de l’assurance maladie du Québec and providing the information required to register with the Board in order to obtain an application for registration form; (préinscription)

“educational institution” means a legal person or body providing instruction at the elementary, secondary, college or university level; (établissement d’enseignement)

“institution” means an institution covered by the Act respecting health services and social services (chapter S-4.2) and the Act respecting health services and social services for Cree Native persons (chapter S-5); (établissement)

“insured person” means a person referred to in subparagraph g.1 of the first paragraph of section 1 of the Act; (personne assurée)

“province” means a province of Canada, the Yukon Territory, the Northwest Territories or Nunavut; (province)

“repatriated Canadian” means an indigent Canadian citizen who is brought back to Canada from a foreign country at the expense of the State; (Canadien rapatrié)

“resident of Québec” or “temporary resident of Québec” means any person defined as such under sections 5 to 8 of the Act and under Division II of the Regulation; (personne qui réside au Québec ou personne qui séjourne au Québec)

“spouse” means

(1)  the man or woman with whom a person is married and cohabits;

(2)  the man or woman of the opposite or the same sex with whom a person cohabits in a conjugal relationship, if they have been so cohabiting for at least 1 year or if

(a)  a child has been born of their union;

(b)  they have adopted a child together; or

(c)  one of them has adopted the other’s child; (conjoint d’une personne).

O.C. 1470-92, s. 1; O.C. 64-94, s. 1; O.C. 833-98, s. 1; O.C. 552-2001, ss. 1 and 25.

1.1. For the purposes of this Regulation, “dependent person” means any person under 18 years of age who is domiciled with a resident or temporary resident of Québec within the meaning of sections 5 to 8 of the Act or Division II of this Regulation who exercises parental authority over him;

For the purposes of sections 3 and 7 of this Regulation, the term “dependent person” also means

(1)  any spouseless person 25 years of age or under who attends an educational institution on a full-time basis as a duly registered student and is domiciled with a resident or temporary resident of Québec within the meaning of sections 5 to 8 of the Act or of Division II of this Regulation who would exercise parental authority over him if he were a minor;

(2)  any spouseless person of full age who has a functional impairment listed in a government regulation made under subparagraph 6 of the first paragraph of section 78 of the Act respecting prescription drug insurance (chapter A-29.01) and having occurred before he reached age 18, who receives no benefits under a last resort financial assistance program under the Individual and Family Assistance Act (chapter A-13.1.1), and who is domiciled with a resident or temporary resident of Québec within the meaning of sections 5 to 8 of the Act or of Division II of this Regulation who would exercise parental authority over him if he were a minor.

Any spouseless person 25 years of age or under who is domiciled with a resident or temporary resident of Québec within the meaning of sections 5 to 8 of the Act or of Division II of this Regulation who would exercise parental authority over him if he were a minor is deemed to attend an educational institution on a full-time basis if he has any of the functional impairments referred to in paragraphs 1 to 4 of section 11.1 of the Regulation respecting the basic prescription drug insurance plan (chapter A-29.01, r. 4) and if, for that reason, he attends such an institution on a part-time basis as a duly registered student.

O.C. 833-98, s. 2; O.C. 552-2001, s. 2.

DIVISION II ELIGIBILITY

1.2. For the purposes of this Division, “reference date” means

(1)  with respect to an application for registration that is admissible within the meaning of section 12 received by the Board within 45 days of the date of advance registration, the earlier of the following 2 dates:

(a)  the fifteenth day preceding the date of advance registration, for a person referred to in section 5.0.1 of the Act who arrived in Québec on or before that date or for a person referred to in section 5 of the Act who settled in Québec on or before that date; or

(b)  for a person referred to in section 5.0.1 of the Act, the date of arrival in Québec or, for a person referred to in section 5 of the Act, the date of settlement in Québec, as the case may be, if advance registration with the Board occurs on or within 15 days of that date; and

(2)  with respect to an application for registration that is admissible within the meaning of section 12 received by the Board after the 45th day following the date of advance registration, the date the application for registration is received by the Board.

O.C. 552-2001, s. 3.

2. The following are the classes of persons referred to in subparagraph 5 of the first paragraph of section 5 of the Act:

(1)  persons who hold a permit issued by the Minister of Immigration of Canada under the Immigration and Refugee Protection Act (S.C. 2001, c. 27) with a view to granting landing and identified by code number 86, 87, 88, 89, 90, 91 or 92, as well as a Québec selection certificate, or persons who hold a permit issued by the Minister of Immigration of Canada under the Immigration and Refugee Protection Act with a view to granting landing and identified by code number 93, 94 or 95;

(2)  persons who have been authorized under the Immigration and Refugee Protection Act to apply for landing while in Canada and who have been granted entry by Canadian immigration authorities and hold a Québec selection certificate;

(3)  minor children who are in Québec while being considered for adoption by a resident of Québec who meets the requirements of the Civil Code for adopting them; and

(4)  children born outside Québec if the parent with whom the child resides on a permanent basis is a resident of Québec.

O.C. 1470-92, s. 2; O.C. 67-94, s. 2; O.C. 552-2001, ss. 3 and 23.

3. The following are temporary residents of Québec within the meaning of section 5.0.1 of the Act:

(1)  foreign nationals whose main purpose for being in Québec is to work, who hold an office or employment for a period of more than 6 months and who hold an employment authorization valid for a period of more than 6 months issued by Canadian immigration authorities and indicating the employer’s name and the place of employment, except Canadian International Development Agency scholars, unless they are receiving only a scholarship supplement from the Agency. This paragraph does not apply to persons who may engage or continue in employment without an employment authorization under sections 18 and 19 of the Immigration Regulations, 1978 (SOR/78-172);

(2)  foreign nationals who hold a certificate attesting to their status as a student or trainee in Québec under an official scholarship program of the Ministère de l’Éducation, du Loisir et du Sport;

(3)  foreign nationals who have been issued an employment authorization by Canadian immigration authorities for seasonal employment under the federal Commonwealth Caribbean Seasonal Agricultural Workers Program or Mexican Seasonal Agricultural Workers Program;

(4)  foreign nationals referred to in subparagraph c of paragraph 1 of section 19 of the Immigration Regulations, 1978 who have been granted entry by Canadian immigration authorities and whose main purpose for being in Québec is to hold a liturgical office and who hold that office for a period of more than 6 months;

(5)  Canadian citizens who have settled in another country and whose main purpose for being in Québec is to work and who hold an office or employment for a period of more than 6 months; and

(6)  the spouse or any dependant accompanying a person referred to in any of paragraphs 1 to 5 during the temporary residence and who, if a foreign national, has been granted entry by Canadian immigration authorities for a stay of more than 6 months or who, if a Canadian citizen, establishes the intention to stay in Québec for a period of more than 6 months.

O.C. 1470-92, s. 3; O.C. 67-94, s. 3; O.C. 505-96, s. 1; O.C. 552-2001, ss. 3 and 24.

4. Unless otherwise provided in this Regulation, a person shall become a resident or temporary resident of Québec from the first day of the third month following the reference date.

O.C. 1470-92, s. 4; O.C. 552-2001, ss. 3 and 27.

4.1. A person who settles in Québec after leaving a province that has a similar plan shall become a resident of Québec when no longer entitled to benefits under that plan.

O.C. 552-2001, s. 3.

4.2. The following shall become residents or temporary residents of Québec, as the case may be, on the reference date:

(1)  a person who has been granted refugee status in Canada within the meaning of the Geneva Convention by the competent authority;

(2)  a repatriated Canadian;

(3)  a foreign national who holds a valid certificate attesting to the foreign national’s status as a student or trainee in Québec under an official scholarship program of the Ministère de l’Éducation, du Loisir et du Sport;

(4)  a foreign national who holds a valid employment authorization issued by Canadian immigration authorities for seasonal employment under the federal Commonwealth Caribbean Seasonal Agricultural Workers Program or Mexican Seasonal Agricultural Workers Program;

(5)  a foreign national who holds a Québec selection certificate that establishes that the person is a foreign national referred to in paragraph a or b or subparagraph iii of paragraph c of section 18 of the Regulation respecting the selection of foreign nationals (chapter I-0.2, r. 4) or, if the foreign national is a minor, that the person is a foreign national referred to in subparagraph i of paragraph c of that section; and

(6)  a foreign national minor who holds a Québec selection certificate establishing that section 19 of the Regulation respecting the selection of foreign nationals applies to that minor.

O.C. 552-2001, ss. 3 and 27.

4.3. The following shall become residents of Québec on the date of their release:

(1)  a member of the Royal Canadian Mounted Police or the Canadian Armed Forces who has settled in Québec and who had not acquired the status of resident of Québec before that date; and

(2)  a person referred to in section 5 of the Act imprisoned in a federal penitentiary who settles in Québec and who had not acquired the status of resident of Québec before that date.

O.C. 552-2001, s. 3.

4.4. A person referred to in section 5 of the Act who is imprisoned in a provincial correctional facility shall become a resident of Québec on the date of imprisonment if the status of resident of Québec had not been acquired before that date.

O.C. 552-2001, s. 3.

4.5. The following shall become residents of Québec from their date of birth:

(1)  a child born in Québec if, when the child is born, the parent with whom the child lives on a permanent basis is a resident of Québec or had ceased to be a resident of Québec under the first paragraph of section 6;

(2)  a child born outside Québec, if the parent with whom the child lives on a permanent basis is a resident of Québec when the child is born;

(3)  a child referred to in the second paragraph of section 5 of the Act who is born in Québec; and

(4)  a child born in Québec during the period between the reference date determined for the child’s parent with whom the child lives on a permanent basis and the date on which the parent becomes a resident of Québec.

O.C. 552-2001, s. 3.

4.6. A child born in Québec or outside Québec shall become a temporary resident of Québec

(1)  from the date of birth if the parent with whom the child lives on a permanent basis is a temporary resident of Québec, for the period during which the parent is a temporary resident of Québec; or

(2)  from the date the parent with whom the child lives on a permanent basis becomes a temporary resident of Québec, for the period during which the parent is a temporary resident of Québec.

O.C. 552-2001, s. 3.

4.7. A child born outside Québec whose parent with whom the child lives on a permanent basis had ceased to be a resident of Québec under the first paragraph of section 6 when the child was born shall become a resident of Québec on the date of arrival in Québec or on the date the parent regains the status of resident of Québec, whichever occurs first.

O.C. 552-2001, s. 3.

4.8. A minor child who is in Québec while being considered for adoption by a resident of Québec meeting the requirements of the Civil Code for adopting the child shall become a resident of Québec on the date of arrival in Québec.

A minor child domiciled in another province who is adopted by a resident of Québec shall become a resident of Québec on the date of the adoption.

O.C. 552-2001, s. 3.

4.9. A person referred to in section 4 who, on the reference date, is receiving benefits under a last resort financial assistance program under the Individual and Family Assistance Act (chapter A-13.1.1) shall become a resident of Québec from that date.

A person referred to in section 4 who starts receiving last resort financial assistance after the reference date shall become a resident of Québec from the date the assistance started or from the first day of the third month following the reference date, whichever occurs first.

O.C. 552-2001, ss. 3 and 27.

4.10. For the purposes of sections 4, 4.2 and 4.9, when it becomes physically impossible for a person to act or to mandate actions because of ill health after the date of settlement or arrival in Québec, as the case may be, but before the date of advance registration with the Board, the date of the event giving rise to the incapacity shall be presumed the date of advance registration.

Notwithstanding the first paragraph, the person in question shall register with the Board as soon as possible and submit a medical certificate attesting to the incapacity referred to in the first paragraph.

O.C. 552-2001, s. 3.

5. A person taking up residence outside Canada forfeits the status of resident of Québec from the day of his departure if he leaves Québec for that purpose, or from the day on which he takes up residence outside Canada if that day occurs during a stay outside Québec.

A person taking up residence in another Canadian province forfeits the status of resident of Québec from the first day of the third month following the month of his arrival in the other province if the person leaves Québec for that purpose, or from the first day of the third month following the month during which he takes up residence in the other province if that month occurs during a stay outside Québec.

O.C. 1470-92, s. 5.

6. A resident of Québec who is outside Québec for 183 days or more in any calendar year, excluding periods of 21 consecutive days or less, ceases to be a resident of Québec for the whole calendar year during which the absence occurred.

Notwithstanding the first paragraph, a person who is outside Québec for 183 days or more during the first 12 months of becoming a resident of Québec, excluding periods of 21 consecutive days or less, shall be deemed not to have settled in Québec.

The calculation of any period resulting in the loss of the status of resident of Québec shall be suspended

(1)  for the entire period during which a resident of Québec is unable to return to Québec because of ill health, if the person is hospitalized throughout that period and sends the Board a medical certificate confirming the inability to return to Québec and indicating the date of the onset of the incapacity and its expected duration. This also applies to any resident of Québec who is assisting that person and so notifies the Board. However, this paragraph applies only if the status of resident of Québec would otherwise be lost during the hospitalization; or

(2)  for the length of any stay in an institution in another province that has concluded an agreement with the Gouvernement du Québec to make beds available to residents of Québec requiring long-term hospital care.

O.C. 1470-92, s. 6; O.C. 67-94, s. 4; O.C. 552-2001, s. 4.

7. Subject to sections 7.0.1 and 7.1, a resident of Québec who is outside Québec for 183 days or more per year for any of the following reasons shall retain the status of resident of Québec, provided that he notifies the Board of his absence:

(1)  the person is registered as a student at an educational institution in or outside Québec while pursuing a program of studies outside Québec;

(2)  the person is a full-time non-remunerated trainee at a university, at an institution affiliated with a university, at a research institute or with a government or international body or at an enterprise or agency affiliated with such an institute or body;

(3)  the person is a public servant employed by the Gouvernement du Québec and is posted outside Québec;

(4)  the person is residing temporarily in another province to hold temporary employment or carry out a contract in that province;

(5)  the person holds employment or is performing a contract outside Québec on behalf of a partnership or legal person having its head office or a business establishment in Québec to whom they are directly accountable, or is a public servant employed by the Government of Canada and is posted outside Québec, while his family remains in Québec or where he maintains a dwelling in Québec;

(6)  the person works abroad as an employee of a non-profit organization having its head office in Canada, within the framework of an international aid or cooperation program recognized by the Minister of Health and Social Services;

(7)  the person stays outside Québec for 12 months or less during a calendar year, provided that such stay occurs only once every 7 years;

(8)  the person is carrying out a contract outside Québec as a self-employed worker and the person’s business establishment is located in Québec;

(9)  the person is residing temporarily abroad under a reciprocity agreement entered into by the Minister of Health and Social Services under section 10 of the Act respecting the Ministère de la Santé et des Services Sociaux (chapter M-19.2).

Except for the stays referred to in subparagraph 7, the spouse of the person and any dependent person accompanying the person during his stay also retains the status of resident of Québec, provided that they notify the Board of their absence.

Notwithstanding the foregoing, where a person stays outside Québec for 183 days or more per year for the reason referred to in subparagraph 1 of the first paragraph, he may retain the status of resident of Québec for not more than 4 consecutive calendar years, or for not more than 2 consecutive calendar years where he stays outside Québec for any of the reasons referred to in subparagraphs 2 and 4 of the first paragraph.

O.C. 1470-92, s. 7; O.C. 67-94, s. 5; O.C. 1520-96, s. 1; O.C. 552-2001, ss. 5, 28 and 29.

7.0.1. A person who ceases to be a resident of Québec under the first paragraph of section 6 shall not be entitled to the measures in section 7 until the person has been in Québec for at least 183 days in a calendar year.

O.C. 552-2001, ss. 6 and 30.

7.1. A person referred to in section 5 of the Act who settles in Québec for the first time or who returns to settle in Québec shall not be entitled to the measures in section 7 until the person has been in Québec for a period of 183 days or more during the twelve-month period following the date on which the person becomes a resident of Québec.

However, the first paragraph shall not apply

(1)  to a person referred to in subparagraph 9 of the first paragraph of section 7 who leaves Québec to reside abroad temporarily;

(2)  to a person referred to in section 4.1;

(3)  to a child born or adopted in Québec or born outside Québec and whose parent with whom the child lives on a permanent basis is a resident of Québec when the child is born or adopted; and

(4)  to a child born outside Québec of a parent who ceased to be a resident of Québec under the first paragraph of section 6.

O.C. 67-94, s. 6; O.C. 552-2001, s. 7.

7.2. To maintain the status of temporary resident of Québec within the meaning of section 5.0.1 of the Act, a person must remain in Québec during the entire period of the temporary residence, excluding periods of 21 consecutive days or less outside Québec, failing which the person shall cease to be a temporary resident of Québec for the entire period spent outside Québec.

O.C. 552-2001, s. 7.

DIVISION III REGISTRATION AND RENEWAL OF REGISTRATION

§ 1 . — General

8. Every resident of Québec and every temporary resident of Québec shall register or renew the registration of any dependent person of theirs with the Board. Notwithstanding the foregoing, a dependent person 18 years of age or over may register with the Board on his own.

Notwithstanding the foregoing, in the case of a birth that occurred in Québec, the person who declares the birth of a child to the registrar of civil status is deemed to have made an application for the registration of the newborn child with the Board.

O.C. 1470-92, s. 8; O.C. 505-96, s. 2; O.C. 833-98, s. 3; O.C. 552-2001, s. 8.

9. Every person having the care or custody of a resident of Québec or of a temporary resident of Québec may register or renew the registration of that person with the Board where that person refuses, neglects or fails to register or to renew his registration.

O.C. 1470-92, s. 9; O.C. 552-2001, s. 8.

10. Every person having the care or custody of a resident of Québec or of a temporary resident of Québec may also register or renew the registration of that person with the Board where mental or physical disability prevent that person from doing so.

O.C. 1470-92, s. 10; O.C. 552-2001, s. 8.

11. Every person filing with the Board an application for registration or for renewal of registration on behalf of another person shall declare his capacity and full name, home address and telephone number.

O.C. 1470-92, s. 11; O.C. 505-96, s. 3.

12. An application for registration or for renewal of registration is admissible only if the person provides all the information and documents required under this Division and signs the application.

Notwithstanding the second paragraph of section 8, a person with a dependent newborn child shall, upon request by the Board, provide the information and documents required by this Regulation for the registration of the newborn child.

O.C. 1470-92, s. 12; O.C. 505-96, s. 4.

13. All documents filed with the Board in connection with an application for registration or for renewal of registration are the property of the Board, as is the health insurance card.

Notwithstanding the foregoing, in the case of an original docment or of a certified true copy, the Board may return it to the person concerned after making a reproduction thereof.

O.C. 1470-92, s. 13; O.C. 67-94, s. 7; O.C. 68-96, s. 1.

13.1. The Board may verify with the person who issued a document required under this Regulation or with the person who provided a sworn statement or declaration with respect to information required under this Regulation, the exactness of the information provided by a person who applies to the Board for registration, renewal of registration or replacement of his health insurance card or who notifies the Board of a change with respect to the information or documents provided in support of any of those applications.

O.C. 505-96, s. 5.

13.2. For the purposes of this Division, where the original of a document is required, a certified true copy may be substituted for it, where the competent authority issues such a copy.

O.C. 505-96, s. 5.

§ 2 . — Registration

14. To register with the Board, a person shall apply in writing, using the form supplied by the Board for that purpose, and shall provide the following information:

(1)  the person’s surname at birth, usual given name, date of birth, sex and civil status;

(1.1)  an indication as to whether or not the person is a Canadian citizen;

(2)  the spouse’s surname, if the person is a woman married in Québec before 2 April 1981 or married outside Québec who legally exercises her civil rights under her spouse’s surname and wishes that name to appear on her health insurance card;

(3)  the person’s domiciliary address or, if the person is a temporary resident of Québec, the residential address; if the person is homeless, the address of the local employment centre of the Ministère de l’Emploi et de la Solidarité sociale or the address of an institution

(4)  the person’s telephone number, where applicable;

(5)  the person’s social insurance number, where applicable;

(6)  where applicable, the date of the person’s arrival in Québec, his last country or province of residence and the health insurance number of his last province of residence;

(7)  where the person returns to Québec to take up residence, the date of departure from and arrival in Québec, the last country or province of residence, the date of arrival at that destination and, where applicable, the health insurance number of the last province of residence;

(8)  where the person returns to Québec after having stayed outside Québec, the dates of departure from and arrival in Québec, and the reason for and place of the stay and the date of arrival at that destination;

(9)  the reason for and expected duration of the stay in Québec, where applicable;

(10)  in the case of the registration of a dependent person after that person’s birth or adoption, the surname, including the usual given name, and the domiciliary address or, if the dependant is a temporary resident of Québec, the residential address, and telephone number, date of birth, sex and civil status of either parent or both parents as well as their social insurance numbers and health insurance numbers if available;

(11)  a signed and dated statement from the person or the person’s representative attesting that all the information provided is accurate.

O.C. 1470-92, s. 14; O.C. 505-96, s. 6; O.C. 552-2001, s. 9.

15. A person applying for registration shall also provide the following documents:

(1)  subject to sections 8 to 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act (chapter A-29, r. 7), a color photograph measuring 43 mm × 54 mm (1 11/16 × 2 1/8 in), on a white background, taken in the last 6 months, showing the person facing front, from the shoulders up and bare headed; the photograph shall be dated on the back with a date stamp;

(2)  in the case of a person holding Canadian citizenship, one of the following documents:

(a)  the original of the copy of his act of birth;

(b)  the original of his birth certificate;

(c)  subject to the last paragraph of this section, the original of the person’s certificate of Canadian citizenship;

(d)  subject to the last paragraph of this section, the person’s Canadian passport;

(2.1)  in the case of a person referred to in paragraph 5 of section 3, in addition to one of the documents listed in subparagraph 2 of the first paragraph, a copy of the employment contract or an attestation from the applicant’s employer confirming the starting and ending dates of the employment contract;

(3)  in the case of a person not holding Canadian citizenship, one of the following documents:

(a)  subject to the last paragraph of this section, the original of the document issued by Canadian immigration authorities attesting to the person’s status as permanent resident of Canada, as well as the original of the Québec selection certificate;

(b)  the original of the person’s attestation of stay in Québec as a scholar issued by the Ministère de l’Éducation, du Loisir et du Sport;

(c)  the original of the document issued by the Immigration and Refugee Board attesting to the person’s refugee status, together with the original of the Québec selection certificate;

(d)  the original of the employment authorization issued by Canadian immigration authorities indicating the employer’s name and address, together with, in the case of a Canadian International Development Agency scholar, the original of an attestation from an educational institution that the person is receiving only a scholarship supplement from the Agency;

(e)  the original of the authorization to enter and remain in Canada issued by Canadian immigration authorities and the original of the Québec selection certificate, together with a copy of the document issued by Canadian immigration authorities indicating that the person is authorized to apply in Canada for landing;

(f)  the original of the authorization issued by Canadian immigration authorities allowing the person to be in Canada, together with a document evidencing that the person holds a liturgical office;

(g)  the original of the Minister’s permit issued under the Immigration and Refugee Protection Act (S.C. 2001, c. 27) with a view to granting landing and identified by code number 86, 87, 88, 89, 90, 91 or 92, together with the original of the Québec selection certificate;

(h)  the original of the Minister’s permit issued under the Immigration and Refugee Protection Act with a view to granting landing and identified by code number 93, 94 or 95;

(4)  in the case of the spouse or a dependant of a temporary resident of Québec, the following documents:

(a)  for a foreign national, the original of the authorization issued by Canadian immigration authorities for a stay of more than 6 months or, for a Canadian citizen, one of the documents listed in subparagraph 2 together with a sworn statement of the intention to stay in Québec more than 6 months;

(b)  in the case of the spouse, the marriage certificate or a sworn statement that the spouses have been in a de facto union for at least 1 year or

i.  that a child has been born of their union;

ii.  that they have adopted a child together; or

iii.  that one of them has adopted the other’s child; or

(c)  in the case of a dependant 18 years of age or older, evidence of school attendance or a medical certificate, or both, as the case may be;

(4.1)  in the case of a status Indian born outside Canada, the original Certificate of Indian Status issued by the Department of Indian Affairs and Northern Development of Canada, together with an original birth certificate;

(5)  in the case of an adopted child, the original of one of the following documents:

(a)  the order of placement;

(b)  the adoption order;

(c)  the birth certificate or a copy of the act of birth under the new name;

(d)  the notice from the clerk of the court that granted the adoption that an adoption order was issued;

(e)  in the case of a child adopted in the People’s Republic of China, the certificate of registration of the adoption; or

(f)  the Québec selection certificate.

(5.1)  in the case of an international adoption, in addition to one of the documents listed in subparagraph 5 of this paragraph, the original of the document issued by Canadian immigration authorities authorizing the child to be in Canada or attesting to the child’s permanent resident status;

(6)  (subparagraph replaced);

(7)  in the case of a person referred to in section 5 of the Act who settles in Québec for the first time or who returns to settle in Québec, a person who has ceased to be a resident of Québec under the first paragraph of section 6, or a person who has left another province to settle in Québec, one of the following documents:

(a)  a residential lease;

(b)  a copy of the deed of purchase of the property;

(c)  an attestation from the employer that the applicant will be engaged in employment in Québec for a period of more than 6 months;

(d)  an attestation of enrolment in a program of study offered by an educational institution in Québec;

(e)  a sworn statement from the owner or lessor of the dwelling the address of which has been provided under paragraph 3 of section 14 that the applicant resides there; or

(f)  a copy of an invoice or statement of account from a telephone, electric or cable company or a municipal or school tax invoice addressed to the applicant and indicating the domiciliary address, together with the applicant’s sworn statement of living at that address;

(8)  in the case of a person who is unable to provide a domiciliary address because he is homeless, a signed and dated declaration by a worker with a centre local employment centre or with an establishment, to the effect that the worker knows the person and that the person lives in Québec;

(9)  in the case of a permanent resident within the meaning of the Immigration and Refugee Protection Act who left Canada 183 days or more and who returns to Québec, the original of the document issued by Canadian immigration authorities attesting that he has retained that status;

(9.1)  in the case of a person referred to in the second paragraph of section 7 of the Act, a sworn statement indicating the residential address and the date of settlement in Québec and stating that the applicant habitually resides in Québec, that the Québec residence is the domicile, that is, the place of the applicant’s principal establishment, and that the applicant intends to remain domiciled in Québec;

(9.2)  where the information provided under paragraphs 7, 8 and 9 of section 14 is incomplete or the Board has information that contradicts or conflicts with the information provided, any document substantiating the information required under paragraphs 7, 8 and 9;

(10)  except for an application for which the Board issued a health insurance card without the photograph and signature of the insured person under sections 8, 8.0.1 and 8.0.2 or, where applicable, section 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act, an authentication document duly completed in the manner prescribed in Division V;

(11)  (subparagraph revoked);

A copy of one of the documents required under clauses c and d of subparagraph 2 of the first paragraph and of the document issued by Canadian immigration authorities under clause a of subparagraph 3 of the first paragraph shall be accepted if the person produced the original document as proof of identity at the time of authentication of the application in accordance with the terms and conditions of section 32.

O.C. 1470-92, s. 15; O.C. 67-94, s. 8; O.C. 505-96, s. 7; O.C. 833-98, s. 4; O.C. 552-2001, s. 10.

16. A person may register a spouse and any of the spouse’s dependants where, under sections 8 to 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act (chapter A-29, r. 7) as it reads at the time of its application, the spouse’s or dependant’s health insurance card does not contain or may omit the photograph and signature.

O.C. 1470-92, s. 16; O.C. 552-2001, s. 11.

17. Every resident or temporary resident of Québec shall register any new dependant with the Board within 3 months of the event. However, dependants who are 18 years of age or older may register with the Board themselves.

O.C. 1470-92, s. 17; O.C. 552-2001, s. 11.

§ 3 . — Renewal of registration

18. The registration of a resident of Québec with the Board shall be renewed by means of a notice of renewal in the manner prescribed in section 21.

Notwithstanding the foregoing, where a resident of Québec does not receive the notice of renewal or where that notice is not sent to the Board within 6 months following the expiry date of his health insurance card or, if the resident is a person referred to in paragraph 1 or 2 of section 2, he shall, to renew his registration, apply to be registered again in the manner prescribed in section 22.

O.C. 1470-92, s. 18; O.C. 552-2001, s. 12.

19. A temporary resident of Québec shall renew registration with the Board by applying in accordance with sections 14 and 15.

Notwithstanding sections 4 and 4.2, the temporary resident referred to in the first paragraph whose new authorization to remain in Canada issued by Canadian immigration authorities comes into force within 45 days or less of the expiry of the previous one and who sends to the Board an application for registration that is admissible within the meaning of section 12 within 45 days of applying to the Board for the registration form shall become a temporary resident of Québec from the date the new authorization takes effect.

O.C. 1470-92, s. 19; O.C. 552-2001, s. 13.

19.1. The Board shall issue a renewal notice to residents of Québec, except the persons referred to in paragraph 1 or 2 of section 2.

O.C. 552-2001, s. 13.

20. Non-receipt of the notice of renewal does not release a resident of Québec from the obligation to renew his registration.

O.C. 1470-92, s. 20.

21. A resident of Québec shall complete the notice of renewal and provide the following information and documents:

(1)  subject to sections 8 to 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act (chapter A-29, r. 7), a color photograph measuring 43 mm × 54 mm (1 11/16 × 2 1/8 in), on a white background, taken in the last 6 months, showing the person facing front, from the shoulders up and bare headed; the photograph shall be dated on the back with a date stamp;

(2)  if the applicant has, since the last renewal or since the birth or adoption, as the case may be, been outside Québec for a total of 183 days or more in a calendar year, excluding periods of 21 consecutive days or less, the dates of departure from and return to Québec, the places where the applicant stayed and the reasons for those stays;

(2.1)  for the renewal of a card referred to in subparagraph 1 of the first paragraph of section 23, if, during the 12-month period preceding the expiry of the card, the applicant was outside Québec for a total of 183 days or more, excluding periods of 21 consecutive days or less, the dates of departure from and return to Québec, the places where the applicant stayed and the reasons for those stays;

(2.2)  where the information provided under subparagraphs 2 and 2.1 is incomplete or the Board holds information that contradicts or conflicts with the information provided, any document substantiating the information required under subparagraphs 2 and 2.1;

(3)  any change affecting the information and documents provided under sections 14 and 15;

(4)  in the case of a person who has forfeited the status of resident of Québec under section 6, proof of residency in Québec as prescribed in paragraph 7 of section 15 with the necessary modifications;

(4.1)  if the applicant is a person referred to in the second paragraph of section 7 of the Act, a sworn statement as prescribed in subparagraph 9.1 of the first paragraph of section 15;

(4.2)  if the applicant is a permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) who has left Canada for 183 days or more, the original of the document issued by Canadian immigration authorities attesting that the applicant has retained permanent resident status;

(5)  except for an application for which the Board issued a health insurance card without the photograph and signature of the insured person under section 8, 8.0.1 and 8.0.2 or, where applicable, section 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act, an authentication document duly completed in the manner prescribed in Division V;

(6)  a declaration signed and dated by the applicant or by his representative attesting that the information furnished in the notice of renewal and the information provided is true and accurate.

The notice of renewal shall be returned to the Board by a person referred to in section 31 where the document provided for in subparagraph 5 of the first paragraph is required.

O.C. 1470-92, s. 21; O.C. 505-96, s. 8; O.C. 552-2001, s. 14.

22. A resident of Québec who has not received a renewal notice or who has not notified the Board within 6 months of the expiry of the health insurance card, or who is a person referred to in paragraph 1 or 2 of section 2, shall apply in writing to renew registration on the form provided by the Board for that purpose. The applicant shall also pay any prescribed fees and provide the following information and documents:

(1)  the information prescribed in paragraphs 1 to 5 of section 14;

(2)  the person’s health insurance number, where available;

(2.1)  if the applicant is a person referred to in paragraph 1 or 2 of section 2, the applicable document listed in subparagraph 3 of the first paragraph of section 15;

(3)  if the applicant has, since the last renewal or since the birth or adoption, as the case may be, been outside Québec for a total of 183 days or more in any calendar year, excluding periods of 21 consecutive days or less, the dates of departure from and return to Québec, the places where the applicant stayed and the reasons for the stays;

(3.1)  for the renewal of a card referred to in subparagraph 1 of the first paragraph of section 23, if the applicant has, during the 12-month period preceding the expiry of the card, been outside Québec for a total of 183 days or more, excluding periods of 21 consecutive days or less, the dates of departure from and return to Québec, the places where the applicant stayed and the reasons for the stays; where applicable, the applicant shall provide similar information for the time elapsed since the expiry of the card for each calendar year during which the applicant was outside Québec for a total of 183 days or more;

(3.2)  where the information provided under paragraphs 3 and 3.1 is incomplete or the Board has information that contradicts or conflicts with the information provided, any document substantiating the information required under subparagraphs 3 and 3.1;

(4)  subject to sections 8 to 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act (chapter A-29, r. 7), a color photograph measuring 43 mm × 54  mm (1 11/16 × 2 1/8 inches), on a white background, taken in the last 6 months, showing the person facing front, from the shoulders to the head and bare headed; the photograph shall be dated on the back with a date stamp;

(5)  proof of residency in Québec as prescribed in paragraph 7 of section 15 with the necessary modifications;

(5.1)  if the applicant is a person referred to in the second paragraph of section 7 of the Act, a sworn statement as prescribed in subparagraph 9.1 of the first paragraph of section 15;

(5.2)  if the applicant is a permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) who has left Canada for 183 days or more, the original of the document issued by Canadian immigration authorities attesting that the applicant has retained permanent resident status;

(6)  except for an application for which the Board issued a health insurance card without the photograph and signature of the insured person under sections 8, 8.0.1 and 8.0.2 or, where applicable, section 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act, an authentication document duly completed in the manner prescribed in Division V;

(7)  a declaration signed and dated by the applicant or by his representative attesting that the information provided is accurate.

The fees payable by an insured person to renew registration with the Board more than 6 months after a card’s expiry date are prescribed in the Regulation respecting forms and statements of fees under the Health Insurance Act as it reads at the time of its application.

O.C. 1470-92, s. 22; O.C. 552-2001, ss. 15 and 31.

DIVISION IV HEALTH INSURANCE CARD

22.1. For the purposes of this Division, where the original of a document is required, a true certified copy may be substituted for it, where the competent authority issues such a copy.

O.C. 505-96, s. 9.

23. The Board shall issue a health insurance card to every insured person that is valid

(1)  for 1 year

(a)  following the registration of a resident of Québec, except persons referred to in paragraph 1 or 2 of section 2, who settles in Québec for the first time or who returns to settle, from the applicable date in sections 4 to 4.9;

(b)  following the renewal of the registration of a person who has ceased to be a resident of Québec under the first paragraph of section 6, from the expiry of the health insurance card or from the date of the application for renewal of registration, as the case may be;

(c)  following the renewal of the registration of a person who is homeless and unable to provide a residential address, from the expiry of the health insurance card; or

(d)  following the registration or renewal of the registration of a person exempt from providing a photograph or signing the authenticating document or exempt from both requirements under paragraph a of section 8.0.2 or section 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act (chapter A-29, r. 7) as it reads at the time of its application, if the period of incapacity is 1 year or less;

(2)  for the period of the stay specified in the certificate issued by the Ministère de l’Éducation, du Loisir et du Sport attesting to the insured person’s status as student or trainee in Québec, following the registration of a person referred to in paragraph 2 of section 3;

(3)  for the period of validity specified in the document issued by Canadian immigration authorities

(a)  following the registration or renewal of the registration of a person referred to in paragraph 1 or 2 of section 2;

(b)  following the registration of a person referred to in paragraph 1 or 3 of section 3; or

(c)  following the registration of a person referred to in paragraph 6 of section 3. However, the period of validity of the card may not exceed that of the accompanied person’s card;

(4)  for the term of the employment contract following the registration of a person referred to in paragraph 4 of section 3. Notwithstanding, the period of validity of the card may not exceed that of the document issued by Canadian immigration authorities;

(5)  for the term of the employment contract following the registration of a person referred to in paragraph 5 of section 3;

(6)  for the period determined in accordance with the rule set out in section 23.1

(a)  following the registration of a new-born child, a child placed for adoption or an adopted child who has the status of resident of Québec;

(b)  following the registration of a person who was issued a health insurance card under clause d of subparagraph 1 of this paragraph and to whom subparagraphs 2 to 5 of this paragraph do not apply; or

(c)  following any other registration renewal to which clause a of subparagraph 3 of this paragraph does not apply.

Notwithstanding the preceding, except as provided in section 19, the cards referred to in subparagraphs 2 to 5 of the first paragraph may not be issued for a period earlier than the date determined in sections 4 to 4.9 and may not be valid for more than 4 years.

O.C. 1470-92, s. 23; O.C. 67-94, s. 9; O.C. 533-95, s. 1; O.C. 505-96, s. 10; O.C. 552-2001, ss. 16 and 26.

23.1. Health insurance cards issued to insured persons referred to in subparagraph 6 of the first paragraph of section 23 shall be valid for not less than 27 months and not more than 75 months. The period of validity shall be computed, as the case may be, from the expiry month and year indicated on the insured person’s current health insurance card or from the date of registration of a new-born child, a child placed for adoption or an adopted child who has the status of resident of Québec to the month and year in which the insured person’s age becomes a multiple of 4.

O.C. 552-2001, s. 17.

23.2. All health insurance cards expire on the last day of the month indicated on the card.

O.C. 552-2001, s. 17.

24. To have a lost, damaged or stolen health insurance card replaced, an insured person or his representative shall apply in writing, using the form supplied by the Board for that purpose, shall pay any applicable fees and shall provide the following information and documents:

(1)  the information prescribed in paragraphs 1 to 5 of section 14;

(2)  the person’s health insurance number, where available;

(3)  the reason for the application for replacement of a card;

(4)  subject to sections 8 to 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act (chapter A-29, r. 7), a color photograph measuring 43 mm × 54 mm (1 11/16 × 2 1/8 in), on a white background, taken in the last 6 months, showing the person facing front, from the shoulders up and bare headed; the photograph shall be dated on the back with a date stamp;

(5)  except for an application for which the Board issued a health insurance card without the photograph and signature of the insured person under sections 8, 8.0.1 and 8.0.2 or, where applicable, section 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act, an authentication document duly completed in the manner prescribed in Division V;

(6)  in the case of a person who is unable to provide a domiciliary address because he is homeless, a declaration signed and dated by a worker with a local employment centre or with an institution to the effect that the worker knows the person and that the person lives in Québec;

(7)  a declaration signed and dated by the insured person or by his representative attesting that the information provided is accurate.

A damaged health insurance card shall be returned to the Board.

The fees exigible for the replacement of a card are the fees prescribed in the Regulation respecting forms and statements of fees under the Health Insurance Act.

O.C. 1470-92, s. 24; O.C. 552-2001, s. 18.

25. A professional providing insured services upon presentation by the insured person of a health insurance card is deemed to act in good faith for the purposes of section 3 of the Act.

O.C. 1470-92, s. 25.

26. An insured person shall notify the Board,

(1)  of change of address, change in civil status or, in the case of an insured person registered with the Board as a permanent resident, of the acquisition of his canadian citizenship, where applicable, or of correction or other change affecting the information or documents sent in support of an application for registration or for renewal of registration, within 30 days of the date of the change;

(2)  of his stays outside Québec that total 183 days or more per year, excluding stays of 21 consecutive days or less, of the dates of departure from and return to Québec and of the reasons for and places of the stays;

(2.1)  of any stay outside Québec for 22 consecutive days or more, if the insured person is a temporary resident of Québec;

(3)  of any departure from Québec to take up residence elsewhere, of the date of departure, of the place of destination and of the expected date of arrival at the destination.

An insured person who requests an identity correction or change shall indicate the information to be corrected on the required form and submit the original of one of the following documents in support of the request:

(1)  a copy of the act of birth;

(2)  a birth certificate;

(3)  the certificate of Canadian citizenship;

(4)  the certificate of change of name;

(5)  the certificate of change of designation of sex; or

(6)  the document issued by Canadian immigration authorities authorizing the insured person to be or to remain in Canada.

Any person on whom the insured person is dependent or to whom the care or custody of the insured person has been entrusted may also provide the abovementioned information to the Board. In such case, the person shall declare his capacity and name.

O.C. 1470-92, s. 26; O.C. 505-96, s. 11; O.C. 552-2001, s. 19.

27. The heir or legatee of a deceased insured person shall, within 3 months of the insured person’s death, notify the Board thereof, shall return the health insurance card and shall provide the following information:

(1)  the deceased’s name, including the usual given name, civil status, date of birth, sex and address as well as the deceased’s health insurance number and social insurance number if available;

(2)  the date of the death;

(3)  the heir or legatee’s name, including his usual given name, address, telephone number and capacity.

In the case of a death that occured in Québec, the person who declares the death of an insured person to the registrar of civil status is deemed to have notified the Board.

Notwithstanding the second paragraph, the deceased insured person’s heir or legatee shall, upon the Board’s request, supply the information provided for in the first paragraph.

O.C. 1470-92, s. 27; O.C. 505-96, s. 12; O.C. 552-2001, s. 20.

28. Every insured person shall return his health insurance card to the Board within 3 months if he no longer resides in Québec or is no longer a temporary resident of Québec within the meaning of the Act and the regulations.

O.C. 1470-92, s. 28; O.C. 552-2001, s. 21.

29. Every insured person shall immediately notify the Board in writing of the loss or theft of his health insurance card.

O.C. 1470-92, s. 29.

DIVISION V AUTHENTICATION

29.1. For the purposes of this Division, where the original of a document is required, a certified true copy may be substituted for it, where the competent authority issues such a copy.

O.C. 505-96, s. 13.

30. No person may hold more than 1 health insurance card issued by the Board. Where a health insurance card is renewed, the person shall destroy his existing unexpired card.

O.C. 1470-92, s. 30.

31. Except for an application for which the Board issued a health insurance card without the photograph or signature of the insured person under sections 8, 8.0.1 and 8.0.2 or, where applicable, section 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act (chapter A-29, r. 7), any application for registration, for renewal of registration or for the replacement of a health insurance card shall be authenticated, as the case may be, by an institution, by the Board, by a house of detention within the meaning of the Act respecting probation and houses of detention (chapter P-26) in the case of an incarcerated person, by a penitentiary within the meaning of the Act respecting corrections and the conditional release and detention of offenders and to establish the office of Correctional Investigator (S.C. 1992, c. 20) in the case of an inmate and by the Ministère de l’Immigration et des Communautés culturelles in the case of a refugee receiving benefits under a last resort assistance program provided for in the Individual and Family Assistance Act (chapter A-13.1.1).

Moreover, an application for renewal of registration or for replacement of a health insurance card may also be authenticated by the Société de l’assurance automobile du Québec or the persons that it appoints in accordance with section 69.1 of the Highway Safety Code (chapter C-24.2).

O.C. 1470-92, s. 31; O.C. 67-94, s. 10; O.C. 533-95, s. 2; O.C. 505-96, s. 14.

32. To have a duly completed and signed application authenticated, a person shall apply in person to a person referred to in section 31, provide a photograph meeting the standards prescribed in this Regulation and submit 2 of the following means of identification, at least 1 of which must be provided for in any of subparagraphs 1 to 7.2:

(1)  an original of the copy of his act of birth or birth certificate;

(2)  the original of his certificate of Canadian citizenship;

(3)  his driver’s licence of Québec or of another province;

(4)  his passport;

(5)  his health insurance card of Québec or of another province;

(6)  his social insurance card;

(7)  the original of a document issued by the Canadian or Québec immigration authorities;

(7.1)  the original of the certificate of change of name;

(7.2)  the original of the certificate of change of designation of sex;

(8)  any other identification document bearing a photograph issued by a government department or agency, by a company, by a financial institution or by an educational institution.

The person referred to in section 31 shall certify, in the space reserved for that purpose on the authentication document, that the terms and conditions of authentication provided for in the first paragraph have been complied with, that the photograph is that of the person filing the application, and that that person has signed, in its presence, the authentication document in the space reserved for that purpose, and shall send the application and accompanying documents to the Board.

O.C. 1470-92, s. 32; O.C. 67-94, s. 11; O.C. 533-95, s. 3; O.C. 505-96, s. 15; O.C. 552-2001, s. 22.

DIVISION VI TRANSITIONAL AND FINAL

33. (Obsolete).

O.C. 1470-92, s. 33.

34. (Obsolete).

O.C. 1470-92, s. 34.

35. (Obsolete).

O.C. 1470-92, s. 35.

36. (Obsolete).

O.C. 1470-92, s. 36.

36.1. (Obsolete).

O.C. 505-96, s. 16.

37. This Regulation replaces Divisions II, III and IV of the Regulation respecting the application of the Health Insurance Act (R.R.Q., 1981, c. A-29, r. 1).

O.C. 1470-92, s. 37.

38. (Omitted).

O.C. 1470-92, s. 38.

REFERENCES

O.C. 1470-92, 1992 G.O. 2, 4621

O.C. 67-94, 1994 G.O. 2, 705

O.C. 533-95, 1995 G.O. 2, 1264

O.C. 68-96, 1996 G.O. 2, 1021

O.C. 505-96, 1996 G.O. 2, 2203

O.C. 1520-96, 1996 G.O. 2, 4945

O.C. 833-98, 1998 G.O. 2, 2507

S.Q. 1999, c. 89, s. 53

O.C. 552-2001, 2001 G.O. 2, 2207

S.Q. 2007, c. 21, s. 14