C-32.1.1 - Act respecting the Health and Welfare Commissioner

Updated to 1 August 2006

This document has official status.

chapter C-32.1.1

Act respecting the Health and Welfare Commissioner

CHAPTER I APPOINTMENT, RESPONSIBILITIES AND ORGANIZATION

1. The Government appoints the Health and Welfare Commissioner in accordance with section 7.

2005, c. 18, s. 1.

3. The Commissioner is appointed for a five-year term, which may be renewed once. At the end of the term, the Commissioner remains in office until replaced or reappointed.

The Government determines the Commissioner’s remuneration, employment benefits and other conditions of employment.

The Commissioner exercises the functions of office on a full-time, exclusive basis.

2005, c. 18, s. 3.

4. A nominating committee must be formed for the purposes of the Commissioner’s appointment by the Government. The nominating committee is composed of 14 members chosen or appointed as follows:

(1)  seven Members of the National Assembly chosen by the members of the Parliamentary Committee on Social Affairs from among their number; four of the seven must be from the Government party and the remaining three, from the Opposition, including one not from the Official Opposition party, if any; and

(2)  seven persons appointed by the Government, namely,

(a)  a physician appointed after consultation with the Collège des médecins du Québec;

(b)  a nurse appointed after consultation with the Ordre des infirmières et infirmiers du Québec;

(c)  a social worker appointed after consultation with the Ordre professionnel des travailleurs sociaux du Québec;

(d)  a person appointed from among the members of boards of directors of institutions who are elected by the population under paragraph 1 of any of sections 129 to 131 and 133 of the Act respecting health services and social services (chapter S‐4.2), after consultation with associations representing these institutions;

(e)  a person appointed from among the members of boards of directors of institutions operating a hospital centre who are designated by the users’ committee of the institutions under paragraph 2 of any of sections 129, 131 and 133 of the Act respecting health services and social services, after consultation with groups of users’ committees;

(f)  a person with expertise in the evaluation of health care technologies and medications, appointed after consultation with the Agence d’évaluation des technologies et des modes d’intervention en santé created by Order in Council 855-2000 dated 28 June 2000 and with the Conseil du médicament; and

(g)  a person with ethics expertise, appointed after consultation with universities offering philosophy or ethics programs and with associations of institutions whose membership includes one or more institutions that have a research ethics committee or a clinical ethics committee.

2005, c. 18, s. 4; 2005, c. 32, s. 306.

5. The members of the nominating committee appointed under paragraph 2 of section 4 are not remunerated; they are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2005, c. 18, s. 5.

6. The members of the nominating committee determine the operating rules applicable to the committee.

Their term ends on the Commissioner’s appointment.

2005, c. 18, s. 6.

7. Within six months after a request by the Minister, the nominating committee must propose to the Minister a list of persons it considers qualified for appointment as Commissioner.

For that purpose, the Minister may submit the name of one or more persons whose qualification for appointment the Minister wishes the committee to examine.

If the nominating committee fails to propose a list in accordance with the first paragraph, the Government may appoint the Commissioner without further formality.

2005, c. 18, s. 7.

8. The Commissioner appoints one or more Deputy Commissioners from among the Commissioner’s personnel. One of the Deputy Commissioners must be specifically responsible for the ethical aspects of health and welfare.

2005, c. 18, s. 8.

9. If the Commissioner is absent or unable to act, the Government may designate one of the Deputy Commissioners or, if none were appointed, any other person to exercise the Commissioner’s responsibilities, functions and powers for as long as the Commissioner is absent or unable to act. The Government determines the person’s salary or fees and other conditions of employment.

2005, c. 18, s. 9.

10. Before entering into office, the Commissioner must take the following oath:

“I declare under oath that I will fulfill my duties with honesty, impartiality and justice. I further declare under oath that I will not reveal or disclose, unless authorized by law, any confidential information that may come to my knowledge in the exercise of my functions.”

The Commissioner takes the oath before the Minister of Health and Social Services.

2005, c. 18, s. 10.

11. The Commissioner’s personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Commissioner defines the powers and duties of the Commissioner’s personnel and directs their work. The Commissioner may delegate in writing the exercise of any of the powers of office.

2005, c. 18, s. 11.

12. The Commissioner’s secretariat is situated within the territory of Ville de Québec, at the place determined by the Government.

Notice of the location or of any change of location is published in the Gazette officielle du Québec.

2005, c. 18, s. 12.

13. The Commissioner must establish a code of ethics and professional conduct applicable to any outside experts called upon in the exercise of the Commissioner’s functions.

2005, c. 18, s. 13.

CHAPTER IV CONSULTATION FORUM

24. A consultation forum is established. It is composed of 27 members, including 18 citizens from each of the regions of Québec who do not represent a special interest group and nine other persons with special expertise in the field of health and social services.

These persons are appointed by the Commissioner for a three-year term.

They may be remunerated as determined by the Government and are entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

2005, c. 18, s. 24.

25. Except for the nine persons with special expertise, a person may not be appointed to the forum if

(1)  the person is an employee of the Ministère de la Santé et des Services sociaux, a health and social services agency, the James Bay Cree health and social services council, a health and social services institution or any other organization providing services in the field of health and social services and receiving subsidies from an agency or the Minister of Health and Social Services, the Corporation d’hébergement du Québec or a professional order in the field of health and social services;

(2)  the person is an employee of the Régie de l’assurance maladie du Québec, receives remuneration from the Régie or has entered into a service contract under section 259.2 of the Act respecting health services and social services (chapter S‐4.2);

(3)  the person is a member of the board of directors of an organization referred to in paragraph 1 or 2 or of the bureau of a professional order in the field of health and social services; or

(4)  the person is registered in the registry of lobbyists maintained under the Lobbying Transparency and Ethics Act (chapter T‐11.011).

2005, c. 18, s. 25; 2005, c. 32, s. 307.

26. The nine persons with special expertise must be appointed by the Commissioner as follows:

(1)  one from each of the fields of expertise of the persons referred to in subparagraphs a to c, f and g of paragraph 2 of section 4, for a total of five;

(2)  two from sectors of activity related to health or welfare, such as the education, economic, environment and labour sectors;

(3)  one from a university health research background; and

(4)  one having recognized experience and skills in health and social services management.

2005, c. 18, s. 26.

27. In appointing the 18 citizens to the forum, the Commissioner must see that all age groups and the sociocultural, ethnocultural and linguistic characteristics of the population of Québec are represented to the greatest extent possible. The appointments must also tend towards gender parity.

In appointing the nine persons with special expertise, the Commissioner must see that the health field and the social services field are represented as equitably as possible.

2005, c. 18, s. 27.

29. The Government determines, by regulation, the procedure for choosing persons qualified for appointment to the forum.

The procedure must provide that a list of citizens qualified for appointment to the forum be drawn up for each region of Québec and that a list of persons with special expertise qualified for appointment to the forum be drawn up for all of Québec.

Every three years, the Commissioner must publish the procedure with the date the Commissioner has set for making appointments to the forum.

The procedure and date are published twice for each region of Québec in a newspaper circulated in that region.

2005, c. 18, s. 29.

30. The Commissioner determines the forum’s mode of operation and sees that each person appointed to the forum receives a copy of a document describing it.

2005, c. 18, s. 30.

31. The Commissioner must fill a vacancy on the forum within 60 days after being informed of it, using the appropriate list drawn up under section 29. The person appointed must have the same qualifications for appointment to the forum as the person being replaced.

2005, c. 18, s. 31.

CHAPTER V MISCELLANEOUS PROVISIONS

32. The Health and Welfare Commissioner adopts internal management by-laws.

2005, c. 18, s. 32.

35. The fiscal year of the Commissioner ends on 31 March.

2005, c. 18, s. 35.

37. The Commissioner is deemed to be an agency for the purposes of the law.

2005, c. 18, s. 37.

CHAPTER VI AMENDING, TRANSITIONAL AND FINAL PROVISIONS

46. The Minister of Health and Social Services is responsible for the administration of this Act.

2005, c. 18, s. 46.

47. (Omitted).

2005, c. 18, s. 47.