S-4.2, r. 12.1 - Regulation respecting the election by the public of certain members of the board of directors of the public institution referred to in Part IV.2 of the Act respecting health services and social services

Updated to 21 October 2015

This document has official status.

chapter S-4.2, r. 12.1

Regulation respecting the election by the public of certain members of the board of directors of the public institution referred to in Part IV.2 of the Act respecting health services and social services

Act respecting health services and social services

(chapter S-4.2, s. 135).

CHAPTER I GENERAL

DIVISION I SCOPE

1. This Regulation applies to the procedure for the election by the public of certain members of the board of directors of the public institution referred to in Part IV.2 of the Act respecting health services and social services (chapter S-4.2), which must be determined pursuant to the third paragraph of section 135 of the Act.

M.O. 2015-017, s. 1.

DIVISION II ELECTION DATE

2. The election referred to in this Regulation is held on the date determined by the Minister in accordance with the first paragraph of section 135 of the Act.

The elected members take office as and when they are elected.

M.O. 2015-017, s. 2.

DIVISION III POLLING LOCATIONS

3. Not later than 55 days before the election date, the president and executive director of the institution determines the polling locations and informs the Minister thereof.

However, if circumstances so warrant, the president and executive director of the institution may designate another polling location before the beginning of the polling period. The president and executive director must then inform the Minister.

M.O. 2015-017, s. 3.

DIVISION IV RETURNING OFFICER AND DEPUTY RETURNING OFFICERS

4. Not later than 50 days before the election date, the Minister appoints a returning officer. If the returning officer is unable to act, the Minister appoints a new officer.

The returning officer appoints a deputy returning officer for each polling location. The president and executive director and the assistant executive director of the institution may not act as officer or deputy officer.

The officer and deputy officers may not run as candidates or countersign a nomination paper and are not entitled to vote in the election.

In this Regulation, “officer” means the returning officer and “deputy officer” means a deputy returning officer.

M.O. 2015-017, s. 4.

5. The officer is responsible for carrying out the election procedure and ensuring compliance with the rules set out in this Regulation. The duties of the officer are to

(1)  receive the candidate nomination papers and accept or refuse the candidates;

(2)  send the list of candidates to the president and executive director of the institution;

(3)  inform the voters and candidates of the election procedure where more than 2 persons have submitted a valid nomination;

(4)  appoint all scrutineers necessary for assistance in the performance of the officer’s duties;

(5)  implement the mechanisms chosen by the president and executive director of the institution enabling candidates to address the public;

(6)  supervise the conduct of the election;

(7)  check voter eligibility;

(8)  be present for the counting of the votes;

(9)  cancel irregular ballot papers in accordance with section 28;

(10)  report the result of the election procedure to the Minister and the president and executive director of the institution; and

(11)  complete the certificates of election by acclamation, declarations of election not held, vote count report and certificates of election referred to in sections 13, 14, 29 and 33 and send them to the Minister and the president and executive director of the institution.

M.O. 2015-017, s. 5.

6. The duties of a deputy officer, performed under the authority of the officer, are to

(1)  receive the candidate nomination papers and send them to the officer;

(2)  inform the voters and candidates of the election procedure where more than 2 persons have submitted a valid nomination;

(3)  appoint all scrutineers necessary for assistance in the performance of the deputy officer’s duties;

(4)  supervise the conduct of the election;

(5)  check voter eligibility;

(6)  be present for the counting of the votes;

(7)  cancel irregular ballot papers in accordance with section 28; and

(8)  complete the vote count report referred to in section 29 and send it along with the ballot papers to the officer.

M.O. 2015-017, s. 6.

DIVISION V PRESIDENT AND EXECUTIVE DIRECTOR OF THE INSTITUTION

7. The president and executive director of the institution provides the officer and deputy officers with the technical and administrative support required for the performance of their duties.

The president and executive director keeps the original of the documents completed in accordance with Schedules I to X under seal for a period of at least 180 days from the date on which the votes are counted or recounted, as the case may be, or, where an election is contested, until such time as the decision of the Tribunal administratif du Québec is rendered and has become final.

M.O. 2015-017, s. 7.

CHAPTER II ELECTION PROCEDURE

DIVISION I NOTICE OF ELECTION

8. Not later than 50 days before the election date, the president and executive director of the institution gives notice of the election by mail or regular advertising inserts. The notice of election must mention the restrictions set out in sections 131, 135 and 150 of the Act and describe the nomination procedure provided for in sections 9 and 10 of this Regulation.

The notice of election must be posted, within the same period, in a location accessible to the public in each of the institution’s facilities and published on the website of the institution.

The president and executive director must send a copy of the notice of election to the officer and deputy officers not later than 5 days after having forwarded it.

M.O. 2015-017, s. 8.

DIVISION II NOMINATION

9. Candidates are nominated by means of a nomination paper provided in Schedule I.

The original of the nomination paper must be signed by the candidate and countersigned by 2 nominators. The nominators must be members of the electoral college. It must be received by the officer or the deputy officer not later than 30 days before the election date and not later than 5:00 p.m.

M.O. 2015-017, s. 9.

10. The candidate must also complete the information sheet provided in Schedule II and submit it to the officer or the deputy officer with the nomination paper.

M.O. 2015-017, s. 10.

11. The deputy officer who receives a nomination paper and an information sheet must send them immediately to the officer.

M.O. 2015-017, s. 11.

12. Not later than 2 working days after having received a nomination paper, the officer must accept or refuse the nomination and give written notice of acceptance or refusal to the person who filed the paper. The officer completes the corresponding section of the nomination paper.

The officer may not divulge the name of any candidate before the end of the nomination period. The officer may not, in any case, divulge the name of a person whose nomination has been rejected.

M.O. 2015-017, s. 12.

DIVISION III ELECTION

§ 1 . — Election not held

13. At the end of the nomination period, if there is no candidate or no valid candidate, the officer completes the declaration of election not held provided in Schedule III and sends a copy to the Minister within 3 working days. Within the same period, the officer sends the original of the declaration along with the nomination papers and information sheets completed by the candidates whose nominations have been refused to the president and executive director of the institution.

Not later than 20 days before the election date, the president and executive director of the institution must, by mail or regular advertising inserts, publish the declaration of election not held. The president and executive director must also post the declaration, within the same period, in a location accessible to the public in each of the institution’s facilities and publish it on the website of the institution.

M.O. 2015-017, s. 13.

§ 2 . — Election by acclamation

14. At the end of the nomination period, if the officer has received only 1 or 2 valid nominations, the officer declares the candidates elected. The officer then completes the certificate of election by acclamation provided in Schedule IV and sends a copy of the certificate, nomination papers and information sheet completed by the candidates whose nominations have been accepted to the Minister within 3 working days. Within the same period, the officer sends the original documents and any original nomination papers and information sheets completed by the candidates whose nominations have been refused to the president and executive director of the institution.

Not later than 20 days before the election date, the president and executive director of the institution must publish the certificate of election by acclamation by mail or regular advertising inserts. The president and executive director must also post the certificate, within the same period, in a location accessible to the public in each of the institution’s facilities and publish it on the website of the institution.

M.O. 2015-017, s. 14.

§ 3 . — Election by ballot

15. At the end of the nomination period, if there are more than 2 valid nominations, the officer draws up the list of candidates and sends it to the president and executive director of the institution within 3 working days.

Not later than 20 days before the election date, the president and executive director must, by mail or regular advertising inserts, give a notice indicating the date, period, polling locations and the list of candidates. The polling period indicated in the notice must extend from at least noon to 8 p.m. The polling notice must also indicate that no advance polling will be held and that proxy voting is prohibited. The notice is accompanied by a copy of the information sheets.

The president and executive director must also, within the same period, post the notice and a copy of the information sheets in a location accessible to the public in each of the institution’s facilities and publish them on the website of the institution.

Where information appearing in the published polling notice is modified, the president and executive director of the institution must publish a notice on the website of the institution. The notice must also be posted in each of the institution’s facilities.

M.O. 2015-017, s. 15.

16. Within 5 days following the end of the nomination period, the president and executive director of the institution sends the number of candidates for the election held for the institution, according to their sex and age group, to the Minister.

The president and executive director of the institution must also inform the Minister of the choice of one or more mechanisms provided in Schedule V enabling the candidates to address the public. The president and executive director also informs the public in the polling notice given in accordance with section 15.

M.O. 2015-017, s. 16.

17. The officer must, between the time the polling notice is published and polling day, implement the mechanism or mechanisms chosen in accordance with section 16.

M.O. 2015-017, s. 17.

18. The institution pays the cost of implementing the mechanisms provided for in section 17. All other advertising or promotional expenses are paid exclusively by the candidates.

M.O. 2015-017, s. 18.

19. On polling day, all candidate advertising is prohibited on the premises where the poll is held, except the posting of copies of the information sheets completed by the candidates. The building in which the election is held and any neighbouring location where advertising may be seen or heard by voters are considered to be the premises where the poll is held.

M.O. 2015-017, s. 19.

20. A candidate may observe the conduct of the poll or may, in writing, appoint a representative to do so. Such appointment must be sent to the officer or the deputy officer before the polling period begins.

M.O. 2015-017, s. 20.

21. The officer or the deputy officer initiates the polling period on the date, at the time, and in one of the locations indicated in the polling notice.

If the polling period cannot begin at the scheduled time or is interrupted due to a superior force, it continues until it lasts at least 8 hours.

M.O. 2015-017, s. 21.

22. The officer, a deputy officer, or a scrutineer must provide assistance to any person requesting it to exercise the right to vote.

The scrutineer must provide a template to any voter with a visual impairment who so requests in order to enable the voter to vote without assistance. The scrutineer informs the voter of the order in which the candidates are listed on the ballot paper.

A voter who is hearing or speech impaired may be accompanied by a sign language interpreter in order to communicate with the officer, a deputy officer, scrutineers and candidates or their representatives.

M.O. 2015-017, s. 22.

23. Before voting, each voter must complete a declaration provided in Schedule VI and submit it to the scrutineer.

M.O. 2015-017, s. 23.

24. The scrutineer gives the voter a ballot paper drawn up in accordance with the model provided in Schedule VII after initialing the ballot paper in the space reserved for that purpose and explains the voting procedure.

Proxy voting is prohibited.

M.O. 2015-017, s. 24.

25. The voter goes into the polling booth and marks the ballot paper in the spaces reserved for that purpose.

After folding the ballot paper, the voter allows the scrutineer and any candidates or candidate representatives who so desire to verify the number of the stub and the initials of the scrutineer on the ballot.

Once so verified, the voter tears off the stub and gives it to the scrutineer, who destroys it. The voter then deposits the ballot paper in the ballot box.

M.O. 2015-017, s. 25.

26. After the end of the polling period, the scrutineers count the votes in the presence of the officer or a deputy officer.

M.O. 2015-017, s. 26.

27. Any candidates or candidate representatives may be present for the counting of the votes.

M.O. 2015-017, s. 27.

28. The officer or the deputy officer cancels every ballot paper that

(1)  has not been provided by the scrutineer;

(2)  does not bear the initials of the scrutineer;

(3)  has not been marked;

(4)  has been marked in favor of more than 2 candidates;

(5)  has been marked in favor of a person who is not a candidate;

(6)  has been marked elsewhere than in the spaces reserved for that purpose;

(7)  bears fanciful or injurious entries; and

(8)  bears a mark by which the voter can be identified.

Despite the foregoing, no ballot paper may be rejected under subparagraph 2 of the first paragraph where the number of ballot papers found in the ballot box corresponds to the number of ballot papers which, according to the sum of the declarations by voters who voted, were placed in it. The scrutineer then initials the back of the ballot paper and adds a note indicating the correction.

The officer or the deputy officer cancels a ballot paper by writing “Void” on it and initialing it. The number of rejected ballot papers is noted in the vote count report provided in Schedule VIII.

M.O. 2015-017, s. 28.

29. The officer or a deputy officer completes a vote count report for each polling location.

Deputy officers must immediately inform the officer of the results of the vote count and forward the original vote count report within 2 working days, along with the original voters’ declarations and ballot papers.

M.O. 2015-017, s. 29.

30. The officer compiles the counts in accordance with Schedule IX and, subject to section 33, declares elected, on polling day, the candidates who obtained the greatest number of votes.

If there is a tie and more than 2 candidates are elected, the officer immediately draws lots from among the candidates who obtained the same number of votes. The officer then completes the corresponding section of Schedule IX.

M.O. 2015-017, s. 30.

31. The officer sends, on the day the poll is held, the names of the persons elected, their sex and age group, the number of cases for which there was a drawing of lots and the number of persons who voted to the Minister.

M.O. 2015-017, s. 31.

32. The officer must recount the votes at the request of any candidate or representative.

Such request must be justified, made in writing, and received by the officer not later than 5 days after the poll is held.

The officer must recount the votes within 5 days of receipt of such request. The candidates and their representatives may be present for the recounting.

The officer compiles again the counts in accordance with Schedule IX.

M.O. 2015-017, s. 32.

33. The officer completes the election certificate provided in Schedule X and sends a copy of the certificate and each elected candidate’s nomination papers to the Minister within 10 working days following the polling date.

Within the same period, the officer sends the president and executive director of the institution the originals of those same documents, the nomination papers of unelected candidates, all information sheets completed by the candidates, the voters’ declarations, the ballot papers and the documents completed in accordance with Schedules VIII and IX.

Not later than 15 days after the polling date, the president and executive director of the institution must, by mail or regular advertising inserts, publish the election certificate. Within the same period, the president and executive director must also post a copy of the election certificate in a location accessible to the public in each of the institution’s facilities and publish it on the website of the institution.

M.O. 2015-017, s. 33.

CHAPTER III FINAL

34. The Regulation respecting the election by the public of certain members of the board of directors of a public institution (chapter S-4.2, r. 11) is revoked.

M.O. 2015-017, s. 34.

35. The Regulation respecting the election by the public of certain members of the board of directors of the public institution referred to in Part IV.2 of the Act respecting health services and social services (chapter S-4.2, r. 12) is revoked.

M.O. 2015-017, s. 35.

36. (Omitted).

M.O. 2015-017, s. 36.

SCHEDULE I

(s. 9)

PUBLIC ELECTION

Candidate nomination paper

M.O. 2015-017, Sch. I.

SCHEDULE II

(s. 10)

PUBLIC ELECTION

Candidate information sheet

M.O. 2015-017, Sch. II.

SCHEDULE III

(s. 13)

PUBLIC ELECTION

Declaration of election not held

M.O. 2015-017, Sch. III.

SCHEDULE IV

(s. 14)

PUBLIC ELECTION

Certificate of election by acclamation

M.O. 2015-017, Sch. IV.

SCHEDULE V

(s. 16)

PUBLIC ELECTION

Mechanisms enabling candidates to address the public

M.O. 2015-017, Sch. V.

SCHEDULE VI

(s. 23)

PUBLIC ELECTION

Voter declaration

M.O. 2015-017, Sch. VI.

SCHEDULE VII

(s. 24)

PUBLIC ELECTION

Ballot paper template

M.O. 2015-017, Sch. VII.

SCHEDULE VIII

(s. 29)

PUBLIC ELECTION

Vote count report

M.O. 2015-017, Sch. VIII.

SCHEDULE IX

(s. 30)

PUBLIC ELECTION

Compilation of vote counts and draw results

M.O. 2015-017, Sch. IX.

SCHEDULE X

(s. 33)

PUBLIC ELECTION

Certificate of election

M.O. 2015-017, Sch. X.

REFERENCES

M.O. 2015-017, 2015 G.O. 2, 2874