S-4.2, r. 12 - 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 1 September 2012

This document has official status.

chapter S-4.2, r. 12

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. 530.63).

DIVISION I GENERAL

§ 1 . — Scope

1. This Regulation applies to the election by the citizens 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), pursuant to section 530.63 of that Act.

M.O. 2006-014, s. 1.

§ 2 . — Territory and polling location

2. For the purposes of paragraph 1 of section 530.62 of the Act, the territory served by the institution is divided in the following 5 parts or subregions:

(1)  Subregion 1: Matagami;

(2)  Subregion 2: Lebel-sur-Quévillon, including Comtois, Desmaraisville, Miquelon and Lac-Quévillon and Lac-Madeleine resorts sectors;

(3)  Subregion 3: Chapais, including Lac-Opémiska and Lac-Caven sectors;

(4)  Subregion 4: Chibougamau, including

(a)  the following Chibougamau resort sectors: Lac-Caché, Lac-aux-Dorés, Lac-Merrill, Baie-Queylus, Baie-Machin, Developpement Rustique, and Lac-Cumming;

(b)  the following resort sectors in the Municipality of James Bay: Lac-David, Lac-Buckell, Lac-Dulieux, and Baie-Demers;

(5)  Subregion 5: Radisson, Valcanton, and Villebois.

M.O. 2006-014, s. 2.

3. The president and executive director of the institution shall designate the polling location or locations for each subregion referred to in section 2 not later than 55 days before the election date set by the minister in compliance with section 530.63 of the Act and shall inform the Minister of Health and Social Services thereof.

However, if circumstances so warrant, the president and executive director of the institution may designate another location before the beginning of the polling period. The executive director must then publish a notice indicating the new location in at least one media circulated in the subregion in question, post the notice in at least one location accessible to the public in each of the institution’s facilities in this subregion, and inform the minister.

M.O. 2006-014, s. 3.

§ 3 . — Returning officer and deputy returning officers

4. The minister shall appoint a returning officer not later than 50 days before the day on which the election is to be held. If the returning officer is unable to act, the minister shall appoint a new officer.

The returning officer shall then appoint a deputy returning officer for each polling location established in accordance with section 3.

M.O. 2006-014, s. 4.

5. The duties of a returning officer are, notably, to

(1)  receive nomination papers and accept or refuse them;

(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;

(4)  appoint scrutineers for assistance in the performance of his or her duties;

(5)  implement the procedures 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, particularly by means of the declaration in section 25;

(8)  count the votes;

(9)  cancel irregular ballot papers in accordance with section 31;

(10)  complete the vote count report referred to in section 32 and the compilation of counts referred to in section 33;

(11)  complete the certificates of election by acclamation, declarations of election not held, and certificates of election referred to in sections 14, 15 and 35;

(12)  send the documents referred to in sections 14, 15 and 35 to the minister and the president and executive director of the institution.

M.O. 2006-014, s. 5.

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

(1)  receive nomination papers and forward them to the returning officer;

(2)  inform the voters and candidates of the election procedure;

(3)  appoint scrutineers for assistance in the performance of his or her duties;

(4)  supervise the conduct of the election;

(5)  check voter eligibility, particularly by means of the declaration in section 25;

(6)  count the votes;

(7)  cancel irregular ballot papers in accordance with section 31;

(8)  send the vote count report referred to in section 32 and the ballot papers to the returning officer.

M.O. 2006-014, s. 6.

7. The returning officer and deputy returning officers may not run as candidates or countersign for a candidate and are not entitled to vote in the election.

M.O. 2006-014, s. 7.

§ 4 . — President and executive director

8. The president and executive director of the institution shall provide the returning officer and deputy returning officers with the technical and administrative support required for the performance of their duties.

The executive director shall keep the originals completed in accordance with Schedules I to X in sealed envelopes 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 Tribunal administratif du Québec has rendered its decision.

M.O. 2006-014, s. 8.

DIVISION II ELECTION PROCEDURE

§ 1 . — Notice of election

9. The president and executive director of the institution shall give notice of the election not later than 50 days before the date of the election by mail or regular advertising inserts in each of the subregions referred to in section 2.

The notice of election must also be posted, within the same period, in a location accessible to the public in each of the institution’s facilities. The notice must mention the restrictions set out in sections 150 and 151 and paragraph 1 of section 530.62 of the Act and shall describe the nomination procedure provided for in sections 10 and 11.

Not later than 5 days after giving notice of the election, the president and executive director shall send a copy of the notice to the returning officer and all deputy returning officers.

M.O. 2006-014, s. 9.

§ 2 . — Nominations

10. In each of the subregions referred to in section 2, candidates shall be nominated by means of a nomination paper drawn up in accordance with Schedule I.

The original nomination paper shall be signed by the candidate and countersigned by 2 members of the electoral college of the subregion in question. It shall be submitted to the returning officer or deputy returning officer not later than 30 days before the date of the election, before 5:00 p.m.

M.O. 2006-014, s. 10.

11. A candidate who agrees may also complete an information sheet drawn up in accordance with Schedule II and submit it to the returning officer or deputy returning officer.

M.O. 2006-014, s. 11.

12. Where a deputy returning officer receives a nomination paper, he or she shall promptly forward it to the returning officer, along with any information sheet.

M.O. 2006-014, s. 12.

13. The returning officer shall accept or refuse the nomination paper not later than 2 days after receiving it and shall give written notice of acceptance or refusal to the person who filed the paper. The returning officer shall complete the corresponding section of the nomination paper.

The returning officer shall not divulge the name of any candidate to anyone whomsoever before the end of the nomination period.

M.O. 2006-014, s. 13.

§ 3 . — Election by acclamation

14. At the close of nominations, if only a single candidate has been nominated in a subregion, the returning officer shall declare this candidate elected for the subregion. He or she shall then complete the certificate of election by acclamation in accordance with Schedule III and send a copy of this certificate and nomination paper to the minister within 3 days. Within the same period, he or she shall send the original documents and any information sheet to the president and executive director of the institution.

Not later than 20 days before the date of the election, the president and executive director shall issue a notice indicating the name of the person elected and the fact that there will not be an election in this subregion, by mail or usual inserts in the subregion in question.

The president and executive director of the institution must also post this notice within the same period in at least one location accessible to the public in each of the institution’s facilities in the subregion in question.

M.O. 2006-014, s. 14.

§ 4 . — Election not held

15. At the close of nominations, if there is no candidate or no valid candidate in a subregion, the returning officer shall complete the declaration of election not held provided in Schedule IV and send a copy to the minister within 3 days. Within the same period, he or she shall send the original of this declaration along with the invalid nomination papers and information sheets, where applicable, to the president and executive director of the institution.

M.O. 2006-014, s. 15.

§ 5 . — Polling notice and list of candidates

16. At the close of nominations, if more than one candidate has been nominated in a subregion, the returning officer shall draw up the candidate list for the subregion and forward it to the president and executive director of the institution within 3 days.

Not later than 20 days before the date of the election, the president and executive director shall issue a notice indicating the date, period, and location of the election, as well as the candidate list, by mail or regular advertising inserts in the subregion in question. The polling period indicated in the notice shall run at least from noon to 8:00 p.m.

The polling notice shall state that there will be no advance polling and that proxy voting is prohibited.

The president and executive director shall post the notice within the same period in a location accessible to the public in each of the institution’s facilities in the subregion concerned. This notice is accompanied by a copy of the information sheets, as the case may be.

M.O. 2006-014, s. 16.

§ 6 . — Procedures enabling candidates to address the public

17. The president and executive director of the institution shall, as soon as the nomination period has ended, inform the minister which of the procedures provided for in Schedule V enabling the candidates to address the public in the subregion in question has been chosen. He or she shall also inform the public in the polling notice published in accordance with section 16.

M.O. 2006-014, s. 17.

18. The returning officer shall, between the time the polling notice is published and polling day, implement the procedure or procedures chosen in accordance with section 17.

M.O. 2006-014, s. 18.

19. The institution shall pay the cost of implementing the procedures provided for in section 18. All other advertising or promotional expenses shall be paid exclusively by the candidates.

M.O. 2006-014, s. 19.

20. On polling day, all candidate advertising is prohibited on the premises where the poll is held, with the exception of information sheets posted as prescribed in section 16. The building in which the election is held and any neighbouring location where such materials may be seen or heard by voters are considered to be the premises where the poll is held.

M.O. 2006-014, s. 20.

§ 7 . — Polling procedure

21. 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 returning officer or deputy returning officer before the polling period begins.

M.O. 2006-014, s. 21.

22. The returning officer or deputy returning officer shall initiate the polling period on the date, at the time, and in the location indicated in the notice referred to in the second paragraph of section 16.

If the polling period can not begin at the scheduled time or is interrupted due to a superior force, it shall continue for a period of at least 8 hours.

M.O. 2006-014, s. 22.

23. Proxy voting is prohibited.

M.O. 2006-014, s. 23.

24. The returning officer, deputy returning officer, or a scrutineer shall provide assistance to any person requesting it to exercise his or her right to vote.

The scrutineer shall provide a template to any voter with a visual impairment who so requests in order to enable him or her to vote without assistance. The scrutineer shall inform 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 members of the election staff and candidates or their representatives.

M.O. 2006-014, s. 24.

25. Before voting, each voter shall complete a declaration drawn up in accordance with Schedule VI and submit it to the scrutineer.

M.O. 2006-014, s. 25.

26. The voting shall be by secret ballot.

M.O. 2006-014, s. 26.

27. The scrutineer shall give the voter a ballot paper drawn up in accordance with the model provided in Schedule VII and explain the voting procedure after initialing the ballot paper in the space indicated.

M.O. 2006-014, s. 27.

28. The voter shall go into the polling booth and mark the ballot paper in the prescribed manner.

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

Once so verified, the voter shall tear off the stub and shall give it to the scrutineer, who shall destroy it. The voter shall then deposit the ballot paper in the ballot box.

M.O. 2006-014, s. 28.

§ 8 . — Counting of votes, election proclamation, and publication of results

29. After the end of the polling period, the returning officer or deputy returning officer shall count the votes in the presence of the scrutineers.

M.O. 2006-014, s. 29.

30. Any candidates or candidate representatives who so desire may be present for the counting of the votes.

M.O. 2006-014, s. 30.

31. The returning officer or deputy returning officer shall cancel 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 candidates than the required number;

(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;

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

Notwithstanding the foregoing, no ballot paper under subparagraph 2 of the first paragraph may be rejected where the number of ballot papers found in the ballot box corresponds to the number of ballot papers which, according to the sum of declarations provided for in Schedule Vl and completed in accordance with section 25, were placed in it.

The scrutineer shall, in full view of the returning officer or deputy returning officer and the representative of any candidate who so desires, then initial the back of every ballot paper and add a note indicating the correction.

The returning officer or deputy returning officer shall reject a ballot paper by writing “Void” on it and initialing it.

M.O. 2006-014, s. 31.

32. The vote count report provided for in Schedule VIII shall be completed for each polling location.

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

M.O. 2006-014, s. 32.

33. The returning officer shall compile the counts in accordance with Schedule IX and, subject to section 34, declare elected the candidates who obtained the greatest number of votes on polling day based in each of the subregions in question.

If there is a tie vote and more than one candidate is elected in a single subregion, the returning officer shall immediately draw lots from among the candidates who obtained the same number of votes. He or she shall then complete the corresponding section of Schedule IX.

M.O. 2006-014, s. 33.

34. The returning officer shall recount the votes at the request of any candidate or representative.

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

The returning officer shall recount the votes within 5 days of receipt of such request.

The candidates and their representatives may be present for the recounting.

M.O. 2006-014, s. 34.

35. The returning officer shall complete the election certificate provided for in Schedule X and send a copy of this certificate and each elected candidate’s nomination papers to the minister within 3 days.

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

The president and executive director shall post a copy of the election certificate in a location accessible to the public in each of the institution’s facilities in the subregion concerned.

M.O. 2006-014, s. 35.

36. This Regulation replaces the Regulation respecting the election by the population of certain members of the board of directors of the public institution contemplated in Part IV.2 of the Act respecting health services and social services (M.O. 2002-009, 2002-07-31).

M.O. 2006-014, s. 36.

37. (Omitted).

M.O. 2006-014, s. 37.

SCHEDULE I

(s. 10)

PUBLIC ELECTION NORD-DU-QUÉBEC INSTITUTION

Nomination

Institution: 				
				
Subregion number: 		Description: 				
Section I - Nomination		Section II - Nominators	
Candidate’s last and first name		1- Nominator’s last and first name	
Sex
M 	F	Date of birth
	Y	M	D	Address	
			
Address		Phone	
Municipality/Locality	Province	Postal Code	Nominator’s signature*
				
Area code	Home phone	Area code
Work phone
Ext.	2- Nominator’s first and last name	
			
Occupation		Address	
Employer		Phone	
* By signing below, the nominator attests that he or she is of the age of majority, does not work for the above institution or at a center operator by said institution, and has his or her residence in the above subregion.		Nominator’s signature*	
Section III - Candidate’s consent			
Conditions required to be a member of an institution’s board of directors			
1.	Not be a candidate in any subregion other than the one indicated above;			
2.	Québec resident;			
3.	Age of majority (18 or over);			
4.	Not be under wardship or guardianship;			
5.	Not found guilty in the past five years of a crime punishable by three or more years of incarceration;			
6.	Not have been dismissed as the member of an institution’s, regional board’s, or health and social service agency’s board of directors in the past three years;			
7.	Not have been declared guilty in the past three years of an infraction of the Act respecting health services and social services or the regulations;			
8.	Not be employed by Ministère de la Santé et des Services sociaux, an agency, or an institution and not be employed by or receive remuneration from Régie de l’assurance maladie du Québec;			
9.	Not be employed by any other body providing health or social services and receiving funding from an agency or minister;			
10.	Not have signed a service contract with an institution as a midwife;			
11.	Not be employed by a community organization.			
I hereby acknowledge that I have read this information and declare that I meet the above conditions for candidacy. I also authorize the disclosure of the information on this form to Ministère de la Santé et des Services sociaux if I am elected a member of the board of directors. Information disclosed to MSSS is governed by the Act respecting Access to documents held by public bodies and the Protection of personal information.			
In witness whereof, I have signed in 	 on  				
				
		Candidate’s signature	
Section IV - Acceptance by returning officer			
Nomination accepted		Nomination rejected	
Reason(s) for rejection: 			
				
									
									
	
Returning officer’s signature				
Date	
Pursuant to sections 64 and 65 of the Act respecting Access to documents held by public bodies and the Protection of personal information			
1.	The information on this form is gathered for the institution concerned and, if the candidate is elected, for the health and social service agency and Ministère de la Santé et des Services sociaux.	2.		The information transmitted to the agency and MSSS is used to make up records for management and control purposes of members of health and social service institution boards.	3.	The following persons will have access to this information:
	employees of the institution in question, the agency and MSSS in the performance of their duties;
	any other user meeting the requirements of the above-mentioned act.	4.		All information on the form is required.

M.O. 2006-014, Sch. I.

SCHEDULE II

(s. 11)

PUBLIC ELECTION

NORD-DU-QUÉBEC INSTITUTION

Candidate Information Sheet

PHOTO

Institution: __________________________________________________________________________

Subregion number: __________

Candidate’s name: ______________________________

Municipality or city of Municipality or city of

residence: ____________________ work: ____________________

Candidate profile (training, profession, experience):

Reasons for running:

Social, community, volunteer involvement, etc.:

Candidate’s consent: I hereby authorize the disclosure of the information on this sheet as part of this election.

__________(Date)__________ __________(Candidate’s signature)__________

__________(Date)__________ __________(Returning officer’s signature)__________

M.O. 2006-014, Sch. II.

SCHEDULE III

(s. 14)

PUBLIC ELECTION

NORD-DU-QUÉBEC INSTITUTION

Certificate of Election by Acclamation

I, the undersigned, the returning officer, hereby declare that I have received and accepted the candidacy below for the following board of directors position to be filled by public election:

Institution: __________________________________________________________________________

Subregion number: __________

Name

___________________________________________________________________________________

The candidate has been declared elected.

Signed in _______________________________, on _______________________________

_______________________________

Signature

_______________________________

Returning officer’s name

M.O. 2006-014, Sch. III.

SCHEDULE IV

(s. 15)

ELECTION BY THE PUBLIC

NORD-DU-QUÉBEC INSTITUTION

Declaration of Election Not Held

Institution: __________________________________________________________________________

Subregion number: __________

I, the undersigned, the returning officer, declare that no election will be held for the above subregion, for the following reason:

No nominations were received ( )

No valid nominations were received ( )

Signed in _______________________________, on ______________________________

______________________________

Signature

______________________________

Returning officer’s name

M.O. 2006-014, Sch. IV.

SCHEDULE V

(s. 17)

PUBLIC ELECTION

NORD-DU-QUÉBEC INSTITUTION

Procedures enabling candidates to address the public

Institution: __________________________________________________________________________

Subregion number: ___________

Pursuant to section 17 of Regulation respecting the election by the public of certain members of the board of directors of a public institution referred to in Part IV.2 of the Act respecting health services and social services (chapter S-4.2, r. 12), the president and executive director hereby selects the following procedure(s) for the above subregion:

One or more public meetings enabling candidates to address the public

Number of public meetings: ______________ ( )

Publication, on one or more occasions, of information the candidates wish to provide to the public in a newspaper distributed in the above subregion

Number of publications: ________________ ( )

Use of one or more means of communication-technical, electronic, or other—enabling candidates to address the public (e.g., radio, TV, Internet)

Specify means: _________________________________________ ( )

_____________________________________________________________

Signed in _________________________________, on _________________________________

_________________________________

Signature

_________________________________

President and executive director’s name

M.O. 2006-014, Sch. V.

SCHEDULE VI

(s. 25)

PUBLIC ELECTION

NORD-DU-QUÉBEC INSTITUTION

Voter Declaration

Institution: __________________________________________________________________________

Subregion number: __________

DECLARATION

I hereby declare that

— I am 18 years of age or over

— The postal code of my primary residence is __________

— My primary residence is located in the above subregion

— I do not work for the above institution or at a center operated by said institution

_______________________________

Nom

_______________________________

Signature

_______________________________

Date

SCRUTINEER: _______________________________

M.O. 2006-014, Sch. VI.

SCHEDULE VII

(s. 27)

PUBLIC ELECTION

NORD-DU-QUÉBEC INSTITUTION

Ballot paper template

No.			
No.			Candidates
	Scrutineer’s initials		
			
			
			
			
			
			
Date			
Back			Front
Note: List candidates’ names in alphabetical order			

M.O. 2006-014, Sch. VII.

SCHEDULE VIII

(s. 32)

ELECTION BY THE PUBLIC

NORD-DU-QUÉBEC INSTITUTION

Vote Count Report

Institution: __________________________________________________________________________

Subregion number: __________

Polling location: ___________________

Polling date: ______________________

Polling period: ____________________

Candidates Number of votes

(1) ____________________ _______________

(2) ____________________ _______________

(3) ____________________ _______________

(4) ____________________ _______________ Valid ballot papers __________

(5) ____________________ _______________ Rejected ballot papers __________

(6) ____________________ _______________ Total __________

Signed in _____________________________, on _____________________________

_____________________________

Signature

__________________________________________________

Name of the returning officer or deputy returning officer

M.O. 2006-014, Sch. VIII.

SCHEDULE IX

(s. 33)

PUBLIC ELECTION

NORD-DU-QUÉBEC INSTITUTION

Compilation of vote counts and draw results

Institution: __________________________________________________________________________

Subregion number: ____________________

Polling location(s): ____________________

Polling date: ____________________

Polling period: _______________________

(1) Compilation of vote counts

Candidates Number of votes

(1) ____________________ _______________

(2) ____________________ _______________

(3) ____________________ _______________

(4) ____________________ _______________ Valid ballot papers __________

(5) ____________________ _______________ Rejected ballot papers __________

(6) ____________________ _______________ Total __________

(2) Draw results

The following candidates received the same number of votes:

_______________________________

_______________________________

_______________________________

_______________________________

A draw was held on _____________________, in _____________________

The following candidate’s name was drawn:

_______________________________

_______________________________

Signed in ____________________, on ____________________

_____________________________

Signature

_____________________________

Returning officer’s name

M.O. 2006-014, Sch. IX.

SCHEDULE X

(s. 35)

PUBLIC ELECTION

NORD-DU-QUÉBEC INSTITUTION

Certificate of Election

To the president and executive director of __________(Institution)__________

I, the undersigned, the returning officer, declare that the following candidates were elected to the board of directors of the above institution in the election held on ______________________________ in each of the subregions below.

Name Subregion (number)

(1) _____________________________________________

(2) _____________________________________________

(3) _____________________________________________

(4) _____________________________________________

(5) _____________________________________________

Signed in _____________________, on ____________________

______________________________

Signature

______________________________

Returning officer’s name

M.O. 2006-014, Sch. X.

REFERENCES

M.O. 2006-014, 2006 G.O. 2, 2878