M-19.2, r. 3 - Regulation 2 respecting the signing of certain deeds, documents and writings of the Ministère de la Santé et des Services sociaux

Updated to 13 November 2013

This document has official status.

chapter M-19.2, r. 3

Regulation 2 respecting the signing of certain deeds, documents and writings of the Ministère de la Santé et des Services sociaux

Act respecting the Ministère de la Santé et des Services sociaux

(chapter M-19.2, s. 8).

1. Subject to the other conditions of validity that may be prescribed by law, the deeds, documents and writings listed in Schedule A signed by the officers of the Ministère de la Santé et des Services sociaux holding the positions listed therein, insofar as those officers act within the limits of their duties for the purposes of the mandate of the administrative unit for which they are responsible, are binding on the Department and may be attributed to the Minister as though they were signed by him.

The same applies where such deeds, documents and writings are signed by a person who is authorized in writing to temporarily replace such an officer or to perform the duties of such an officer on an interim basis.

O.C. 511-97, s. 1.

2. The delegation of signature granted under this Regulation in no way alters the authority to undertake expenditures that is provided for in the financial management plan of the Ministère de la Santé et des Services sociaux and that must be referred to in order to identify the holder of the authority to undertake expenditures, as that person is not necessarily the officer authorized to sign under this Regulation.

O.C. 511-97, s. 2.

3. The signature of the Minister, the Deputy Minister or any authorized officer of the Ministère de la Santé et des Services sociaux may be affixed by means of an automatic device to the permits required under Division VI of the Act respecting health services and social services for Cree Native persons (chapter S-5) and under Chapter II of Title II of Part III of the Act respecting health services and social services (chapter S-4.2), as well as to the renewal of such permits.

O.C. 511-97, s. 3.

4. (Omitted).

O.C. 511-97, s. 4.

5. (Omitted).

O.C. 511-97, s. 5.

SCHEDULE A

(s. 1)

An “X” in Column A, B, C or D, or a numeral in parenthesis in Column E indicates that the deed, document or writing in question may be signed by a person holding a position as:

A: Executive Director

B: Director

C: Assistant Director

D: Service head

E: Person responsible, identified in footnote

______________________________________________________________________________

                                                               Authorized
                                                                signatory
Acts                                                   _______________________

                                                            A   B   C   D   E
________________________________________________________________________________

 1.  Supply contracts, in accordance with a regulation      X   X   X   X
     made under section 49, 49.1 or 49.2 of the Financial
     Administration Act (chapter A-6) or under section
     7.1, 7.2 or 7.3 of the Act respecting the Ministère
     des Approvisionnements et Services
     (chapter M-23.01);

 2.  services contracts with individuals, in accordance     X              (1)
     with CT 169193 dated 15 November 1988, amended by
     CT 183667 dated 4 August 1993, CT 183781 dated
     1 September 1993 and CT 186210 dated 1 November 1994;

 3.  the temporary hiring of employees of institutions      X              (1)
     subsidized by the) Gouvernement du Québec, in
     accordance with CT 33556 dated 21 February 1968;

 4.  the hiring, on the basis of a loan of services, of     X              (1)
     personnel of the education and health and social
     services networks, in accordance with Directive
     5-83 of the Conseil du trésor;

 5.  services contracts;                                    X              (1)

 6.  auxiliary services contracts;                          X   X   X   X

 7.  services contracts pertaining to the maintenance       X   X   X   X
     and repair of material and equipment, except those
     to which the Société québécoise des infrastructures
     is a party;

 8.  services contracts for transportation and              X   X   X   X
     communications; 

 9.  services contracts pertaining to audiovisuals and      X   X       X
     graphic arts; 

10.  services contracts pertaining to advertising;          X   X       X

11.  requests for space or services submitted to the        X   X   X   X
     Société québécoise des infrastructures, and
     occupation agreements and services contracts
     signed with the Société;

12.  professional services contracts pertaining to          X   X       X
     construction, general engineering and physical
     sciences;

13.  professional services contracts pertaining to          X   X   X   X
     administration and research; 

14.  services contracts between the Ministère de la         X   X
     Santé et des Services sociaux and educational
     institutions, pertaining to training and development
     courses for the Department’s personnel;

15.  for the purposes of the network of health and          X   X
     social services institutions, services contracts
     pertaining to training and human resources
     development;

16.  agreements pertaining to the network of public         X   X
     health assessment centres, signed with agencies,
     institutions and persons, as well as letters 
     and documents related to such agreements

17.  promises or grants of subsidies to institutions,       X   X
     agencies or persons for the purposes of research,
     demonstration or other activities, in accordance
     with the Department’s budgetary programming for
     transfer payments;

18.  promises or grants of a special subsidy to             X
     institutions, agencies, regional councils
     or any other agency under the authority of the
     Ministère de la Santé et des Services sociaux,
     to reimburse certain expenditures or supplement
     their budgets, and the signing of any contract
     granting such special subsidy to the agency;

19.  claims and communications made for the purposes        X   X
     of agreements under which the Government of Canada
     reimburses all or part of the cost of the programs
     of the Ministère de la Santé et des Services sociaux;

20.  agreements referred to in the first paragraph of       X
     section 10 of the Act respecting the Ministère
     de la Santé et des Services sociaux
    (chapter M-19.2);

21.  agreements entered into under the authority of                        (2)
     section 10.1 of the Act respecting the
     Ministère de la Santé et des Services sociaux
     in regard to any foreign citizen working in
     Québec for a government other than the Government
     of Canada or of Québec or for an agency under
     the jurisdiction of a government other than the
     Government of Canada or of Québec in order to be
     considered a beneficiary of the services insured
     under the Hospital Insurance Act (chapter A-28)
     and the Health Insurance Act (chapter A-29);

22.  documents and other writings that are the
     responsibility of the Minister of Health and
     Social Services under the following provisions:

     22.01  paragraph k of section 3 of the Act respecting  X   X
            the Ministère de la Santé et des Services
            sociaux;

     22.02  sections 72.1.1, 72.3 and 72.4 of the Youth     X   X
            Protection Act (chapter P-34.1) or a
            regulation made under subparagraph f of
            the first paragraph of section 132 of
            that Act;

23.  agreements that may be reached under section 72.2      X   X
     of the Youth Protection Act;

24.  applications that may be filed under article 825       X   X
     of the Code of Civil Procedure (chapter C-25);

25.  the following deeds, documents and writings, ensuing
     from the framework agreement of 1 October 1995 
     between the Minister of Health and Social Services
     and the Fédération des médecins spécialistes du
     Québec, for the purposes of the Health insurance 
     Act;

     25.01  letters designating health and social services  X   X   X
            institutions and letters authorizing payment
            at the daily or hourly rate, as well as 
            letters authorizing payment at the daily 
            rate in exceptional cases provided for in the 
            auxiliary agreement respecting lump-sum fees;

     25.02  letters authorizing payment in respect of       X   X   X
            the posts on the territories of the
            Basse Côte-Nord;

     25.03  letters authorizing payment in respect of       X   X   X
            services rendered by a consulting medical
            specialist within the framework of the public
            health program;

     25.04  letters authorizing the exemption granted       X   X   X
            to internists for the remuneration of medical
            services rendered within the framework of
            the auxiliary agreement respecting geriatric
            hospital services;

     25.05  documents pertaining to the acceptance or       X   X   X
            refusal of applications for an allowance
            at career end;

     25.06  documents pertaining to the acceptance or       X   X   X
            refusal of applications for the recognition
            of overspecialization training;

     25.07  documents pertaining to the acceptance or       X   X   X
            refusal of applications for income
            indemnification where a hospital centre,
            department or service changes its mission,
            amalgamates or closes;

     25.08  letters recognizing intensive care units and,   X   X   X
            where applicable, designating specialists for
            the purposes of the lump-sum remuneration
            provided for in Schedule 29;

26.  letters authorizing the appointment of dentists        X   X   X
     working in compliance with the general agreement
     and the special agreement between the Minister of
     Health and Social Services and the Association des
     chirurgiens-dentistes du Québec, in accordance with
     the third paragraph of subsection 10.01 and with
     subsection 4.04 of the agreement between those
     parties, for the purposes of the Health Insurance
     Act;

27.  letters authorizing the appointment of optometrists    X   X   X
     and letters authorizing a change in the number of
     hours of appointment of optometrists working in
     compliance with the agreement between the Minister
     of Health and Social Services and the Association
     professionnelle des optométristes du Québec, in
     accordance with subsections 8.03 and 8.04 of the
     agreement between those parties, for the purposes
     of the Health Insurance Act;

28.  permissions, exemptions and other authorizations       X   X
     provided for in the Burial Act (chapter I-11);

29.  the following deeds, documents and writings under
     the Public Health Protection Act (chapter P-35)
     and the regulations thereunder:

     29.01  permits to operate a laboratory for the         X   X
            purposes of radioisotope or radiology
            examinations, medical biology examinations
            and analyses, manufacturing and repairing
            orthoses and prosthetic devices or to
            operate an organ and tissue bank, and the
            renewal of such permits;

     29.02  permission for the transfer of a permit         X   X
            referred to in paragraph 29.01;

     29.03  documents accepting a voluntary undertaking     X
            from the holder of a permit referred to in
            paragraph 29.01, in accordance with section
            40.3.4 of the Act;

     29.04  permits to practise embalming, cremation or     X   X
            thanatopraxy, or permits to act as a funeral
            director, and the renewal of such permits;

     29.05  permission for the transfer of a permit         X   X
            referred to in paragraph 29.04;

     29.06  documents accepting a voluntary undertaking     X   X
            from the holder of a permit referred to in
            paragraph 29.04, in accordance with section
            40.3.4 of the Act;

     29.07  an order to the holder of an ambulance          X   X
            service permit, in accordance with 
            section 40.3.3 of the Act;

30.  the following deeds, documents and writings under
     the Act respecting health services and social
     services (chapter S-4.2):

     30.01  letters authorizing institutions to enter       X
            into a contract of affiliation, an
            agreement or a service contract, in
            accordance with section 110 of the Act;

     30.02  letters authorizing institutions to offer       X
            new services or to acquire highly
            specialized equipment, in accordance with
            section 113 of the Act;

     30.03  requests that institutions submit their         X   X
            organization plan to the Minister, in
            accordance with section 183 of the Act;

     30.04  letters requesting that agencies                X   X
            submit the organization plan of an
            institution under their authority, in
            accordance with sections 184, 186 and
            378 of the Act;

     30.05  letters authorizing public institutions,        X
            private institutions under agreement and
            the Corporation d’hébergement du Québec
            to acquire, alienate, charge with a
            servitude, hypothecate or assign an
            immovable, or give it as security, in
            accordance with sections 260 and 472
            of the Act;

     30.06  letters authorizing public institutions,        X
            private institutions under agreement and
            the Corporation d’hébergement du Québec
            to build, enlarge, develop, convert,
            demolish, rebuild or make major repairs
            to their immovables, in accordance with
            sections 260 and 472 of the Act;

     30.07  letters authorizing the use by public           X
            institutions of the net proceeds resulting
            from the alienation of an immovable to
            finance a specific operating expenditure,
            in accordance with section 262 of the Act;

     30.08  letters determining the conditions for the      X   X
            administration and financing of capital
            expenditures and expenses incurred for
            equipment under the authority of an
            agency, in accordance with the fourth
            paragraph of section 350 of the Act;

     30.09  letters, writings and documents pertaining      X
            to the approval of criteria for user access
            to the services of an institution referred to
            in section 356 of the Act;

     30.10  authorizations for loans taken out by           X   X       X
            agencies to finance operating expenditures,
            the related conditions and requests for
            information concerning the financial position
            of an agency or a public institution,
            in accordance with sections 396 and 297 of
            the Act;

     30.11  (paragraph revoked);
   
     30.12  letters sending an operating budget or          X
            capital budget to agencies, in
            accordance with section 388 of the Act;

     30.13  letters sending to agencies budget              X   X
            envelopes pertaining to the decentralization
            of certain programs;

     30.14  promises or grants of subsidies to agencies     X   X
            to provide for all or part of the
            payment of the expenditures related to the
            decentralization of certain programs;

     30.15  the permits required under Chapter II of        X
            Title II of Part III of the Act, as
            well as the renewal of such permits;

     30.16  notices prior to the cancellation or            X
            revocation, as the case may be, the
            suspension or the refusal of renewal
            of a permit referred to in paragraph
            30.15;

     30.17  documents accepting a voluntary undertaking     X
            from the holder of a permits, in accordance
            with section 448 of the Act;

     30.18  authorizations for the transfer of permits      X
            referred to in paragraph 30.15;

     30.19  (paragraph revoked);

     30.20  documents necessary for the reconstitution      X   X
            of a sinking fund and the management of such
            fund by the Minister of Finance, in accordance
            with sections 468 and 469 of the Act;

     30.21  documents making it possible to assume the      X
            performance of obligations of the
            Corporation d’hébergement du Québec and
            the related conditions, as well as requests
            for information on the operations of the
            Corporation, in accordance with sections
            471 and 473 of the Act;

     30.22  promises or grants of subsidies to the          X
            Corporation d’hébergement du Québec to
            provide for the payment of its loans, and
            the related terms and conditions, including
            the transfer of such subsidies or their
            assignment as security by the Corporation
            d’hébergement du Québec, in accordance
            with section 471 of the Act;

     30.23  funding agreements entered into, in             X
            accordance with section 475 of the Act;

     30.24  hiring contracts for the training positions     X
            referred to in the second and fourth
            paragraphs of section 503 of the Act and
            for positions for students from outside
            Québec referred to in section 504 of the
            Act;

31.  the following deeds, documents and writings under
     the Act respecting health services and social
     services for Cree Native persons (chapter S-5):

     31.01  hiring contracts for the training positions     X
            referred to in the second and fourth
            paragraphs of section 3.1 of the Act;

     31.02  letters approving regional council by-laws      X
            referred to in section 17 of the Act;

     31.03  letters, writings and documents pertaining      X
            to the approval of admissions and discharge
            criteria and beneficiary transfer policies
            of hospital centres or reception centres
            referred to in the last paragraph of section
            18.1 of the Act;

     31.04  requests that institutions submit their         X   X
            organization plan, in accordance with the
            second paragraph of section 69 of the Act;

     31.05  requests to regional councils to postpone       X   X
            the approval of the part of a hospital
            centre’s organization plan referred to
            in section 70 of the Act and the approval
            of such part of a plan, in accordance with
            that section;

     31.06  the permits required under Division VI of       X
            the Act, as well as the renewal of such
            permits;

     31.07  notices prior to the cancellation or            X
            revocation, as the case may be, the
            suspension or the refusal of renewal of
            a permit referred to in paragraph 31.06;

     31.08  permission for the transfer of a permit         X
            referred to in paragraph 31.06;

     31.09  letters sending an operating budget or          X
            capital budget or any other subsidy
            granted by the Minister to the
            Corporation d’urgences-santé de la
            région de Montréal Métropolitain, in
            accordance with section 149.20 of the
            Act;

     31.10  letters allowing the Corporation                X
            d’urgences-santé de la région de Montréal
            Métropolitain to take out loans within
            the framework of its obligations;

     31.11  contracts to remunerate at an outright          X
            rate and financing agreements reached
            with private institutions referred to
            in section 177.1 of the Act, in accordance
            with sections 176 and 177 of the Act;

     31.12  letters sending the master budget of            X
            an institution or regional council and
            letters approving the itemized budget
            and the budget balancing plan, in accordance
            with section 178 of the Act;

     31.13  letters sending to regional councils budget     X   X
            envelopes pertaining to the decentralization
            of certain programs;

     31.14  promises or grants of  subsidies to regional    X   X
            councils to provide for the payment of all
            or part of the expenditures related to the
            decentralization of certain programs;

     31.15  authorizations for loans taken out by           X   X       X
            regional councils or public institutions
            in relation to their operating expenses,
            the related terms and conditions, and
            requests for information concerning their
            financial position, in accordance with section
            178.0.1 of the Act;

     31.16  (paragraph revoked);
 
     31.17  (paragraph revoked);
 
     31.18  documents necessary for the constitution of     X   X
            a sinking fund and the management of such
            fund by the Minister of Finance, in
            accordance with sections 178.0.2 and 178.0.3
            of the Act;

32.  the following deeds, documents and writings under
     the Regulation respecting building construction by
     establishments, regional councils and the Corporation
     d’hébergement du Québec (CT 148183, 84-01-10):

     32.01  letters informing an institution, agency,       X   X       X
            regional council or the Corporation
            d’hébergement du Québec that its construction
            project has been duly consented to or accepted
            and that it may retain the professional
            services of architects, engineers, artists or
            other consultants or commit itself to any
            expenditure for the preparation of studies,
            sketches or plans and estimates related to
            the construction work, in accordance with
            section 6 of the Regulation;

     32.02  letters designating the secretary and           X   X       X
            appointing one of the three members of
            the professionals selection commitee,
            in accordance with section 18 of the
            Regulation;

     32.03  letters approving the awarding of a contract    X   X       X
            for professional services to a firm other
            than the firm having received the highest
            marks following assessment by the selection
            committee, in accordance with section 22
            of the Regulation;

     32.04  letters confirming that each completed stage    X   X       X
            of a construction project complies with the
            program sanctioned, in accordance with section
            25 of the Regulation;

     32.05  letters approving the acceptance of a tender    X   X       X
            for the purposes of awarding a construction
            contract, in accordance with section 38 of
            the Regulation;

     32.06  letters approving a performance order, in       X   X       X
            accordance with subparagraph 3 of the first
            paragraph of section 39 of the Regulation;
 
     32.07  letters accepting a change to a construction    X   X       X
            contract or in the execution of the work,
            in the cases provided for in the second
            paragraph of section 39 of the Regulation;

     32.08  letters approving a recommendation for          X   X       X
            provisional acceptance of work, in
            accordance with the second paragraph
            of section 40 of the Regulation;

     32.09  letters approving a recommendation for final    X   X       X
            acceptance of work, in accordance with the
            second paragraph of section 41 of the
            Regulation;

33.  the following documents under the Regulation
     respecting the leasing of immovables by public
     institutions and agencies (M.O. 93-03, 93-09-03):

     33.01   letters informing agencies that a              X   X
             project for leasing space has been duly
             approved, in accordance with section 3 of
             the Regulation;

     33.02  letters approving the acceptance of a tender    X   X
            by a public institution in the case provided
            for in the second paragraph of section 22 of
            the Regulation;

     33.03  letters authorizing an agency to award          X   X
            and sign a leasing contract, in accordance
            with section 23 of the Regulation;

34.  certificates and authorizations related to endowment   X   X
     funds or funds for special uses and to gifts subject
     to a condition, required under sections 16 and 17 of
     the Institutions and Regional Councils (Financial
     Management) Regulation (O.C. 1127-84, 84-05-16);

35.  a request to submit a copy of the internal operating   X   X   X
     budget of an institution or a regional council, in
     accordance with section 24 of the Institutions and
     Regional Councils (Financial Management) Regulation;

36.  letters authorizing a hospital centre to offer new     X   X
     services in the sectors of activity referred to in
     section18 of the Organization and Management of
     Institutions Regulation (O.C. 1320-84, 84-06-06);

37.  the following letters under the Regulation respecting
     the selection, remuneration, group insurance plans,
     employment stability measures, end of engagement
     measures, and procedure of appeal applicable to the
     executive directors of agencies and of public
     health and social services institutions
     (O.C. 1217-96, 96-09-25):

     37.01  letters determining the evaluation class for    X   X   X
            a senior administrator position and letters
            setting the date on which a modification of
            such evaluation class will take effect, in
            accordance with section 27 of the Regulation;

     37.02  letters designating an arbitrator, in           X   X   X
            accordance with section 144 or 148 of
            the Regulation;

     37.03 letters drawing up, updating or amending a       X   X   X
           list of arbitrators, in accordance with
           section 154 of the Regulation;

38.  letters determining the evaluation class for a         X   X   X
     position of senior officer and letters setting
     the date on which a change to such evaluation
     class will take effect, in accordance with section
     11 of the Regulation respecting accessibility to
     positions, remuneration, group insurance plans and
     employment stability measures applicable to officers
     of agencies and health and social services
     institutions (O.C. 1218-96, 96-09-25);

39.  letters proposing the names of arbitrators or          X   X   X
     designating an arbitrator or a president and
     letters drawing up a list of arbitrators, in
     accordance with sections 11 and 32 of the
     Regulation respecting the dismissal, non-renewal
     of employment, termination of employment,
     suspension without pay, demotion and severance
     pay of officers of agencies and health and
     social services institutions (O.C. 1843-94, 94-12-21);

40.  letters determining the evaluation class for any       X   X   X
     position of director of professional services of
     a hospital centre, in accordance with section 7 of
     the Regulation respecting the appointment and
     remuneration of directors of professional services
     and directors of public health (O.C. 1094-94, 94-07-13);

41.  the following letters under the Regulation respecting
     remuneration of directors general and senior and
     intermediate officers of regional councils, public
     establishments and private establishments referred
     to in Section 176 and 177 of the Act respecting
     health services and social services for Cree
     Native persons (O.C. 1572-90, 90-11-07):

     41.01  letters determining the evaluation class for    X   X   X
            positions of director general and senior
            officer and letters setting the date on which
            a change in the evaluation class of a position
            will take effect, in accordance with section
            3 of the Regulation;

     41.02  letters designating a chair, in accordance      X   X   X
            with section 74 of the Regulation;

42.  the following letters under the Regulation respecting
     certain conditions of employment of officers of
     regional councils and of health and social services
     institutions (O.C. 988-91, 91-07-10):

     42.01  letters authorizing the reimbursement of        X   X   X
            moving and temporary relocation expenses
            and of expenses incurred in order to appear
            at a selection interview, in accordance with
            sections 120 and 155 of the Regulation;

     42.02  letters proposing the names of arbitrators      X   X   X
            or designating an arbitrator or a president,
            and letters drawing up a list of arbitrators,
            in accordance with sections 184, 210 and 229
            of the Regulation;

43.  the following letters under the Regulation respecting
     certain conditions of employment applicable to
     directors general of regional councils and of public
     health and social services institutions
     (O.C. 1178-92, 92-08-12):

     43.01  letters authorizing the reimbursement of        X   X   X
            moving and temporary relocation expenses
            and of expenses incurred in order to appear
            at a selection interview, in accordance with
            sections 153 and 192 of the Regulation;

     43.02  letters proposing the names of arbitrators or   X   X   X
            designating an arbitrator or a president, and
            letters drawing up a list of arbitrators, in
            accordance with sections 217, 248 and 261 of
            the Regulation;

44.  letters determining the evaluation class of any        X   X   X
     position of director of professional services of
     a hospital centre, in accordance with section 6 of
     the Regulation respecting the appointment and
     remuneration of directors of professional services
     (O.C. 1095-94, 94-07-13).
________________________________________________________________________________        

(1) The secretaries of bodies established under section 11 of the Act respecting the Ministère de la Santé et des Services sociaux, each for the body for which he is responsible.

(2) The president and director general of the Régie de l’assurance maladie du Québec.

O.C. 511-97, Sch. A; O.C. 640-2007, s. 4.

REFERENCES

O.C. 511-97, 1997 G.O. 2, 1779

S.Q. 2005, c. 32, s. 309

O.C. 640-2007, 2007 G.O. 2, 2429

S.Q. 2013, c. 23, s. 164