s-0.1 - Midwives Act

Updated to 30 June 1999

This document has official status.

chapter S-0.1

Midwives Act

The Minister of Justice is entrusted with the application of this Act. Order in Council 29-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1254.

DIVISION I ORDRE DES SAGES-FEMMES DU QUÉBEC

1. All the persons qualified to practise the profession of midwifery in Québec constitute a professional order called “Ordre professionnel des sages-femmes du Québec” or “Ordre des sages-femmes du Québec”.

1999, c. 24, s. 1.

2. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C‐26).

1999, c. 24, s. 2.

3. The head office of the Order shall be within the territory of the Communauté urbaine de Montréal or at any other place in Québec determined by regulation of the Bureau pursuant to paragraph f of section 93 of the Professional Code (chapter C‐26).

1999, c. 24, s. 3.

DIVISION II BUREAU

4. The Order shall be governed by a Bureau constituted as provided in the Professional Code (chapter C‐26).

1999, c. 24, s. 4.

5. In addition to the regulations and by-laws the Bureau is required to adopt in accordance with the Professional Code (chapter C-26), the Bureau shall, by regulation,

(1)  determine standards relating to the form and content of the verbal and written prescriptions made by a midwife ;

(2)  determine the standards of practice and the conditions for engaging in the practice of midwifery that must be complied with for conducting home deliveries ;

(3)  determine the cases presenting a risk for a woman or her child during pregnancy, labour, delivery and the first six weeks of the postnatal period that requires, as a consequence, a consultation by a physician or the transfer of clinical responsibility to a physician, and the conditions under which the consultation or transfer is to be effected.

Section 95.2 of the Professional Code applies to a regulation made pursuant to subparagraph 1 of the first paragraph.

1999, c. 24, s. 5.

DIVISION V AMENDING PROVISIONS

PROFESSIONAL CODE

16. (Amendment integrated into c. C-26, s. 31).

1999, c. 24, s. 16.

17. (Amendment integrated into c. C-26, s. 32).

1999, c. 24, s. 17.

18. (Amendment integrated into c. C-26, Schedule I).

1999, c. 24, s. 18.

MEDICAL ACT

19. (Amendment integrated into c. M-9, s. 19).

1999, c. 24, s. 19.

20. (Amendment integrated into c. M-9, s. 43).

1999, c. 24, s. 20.

DIVISION VI TRANSITIONAL AND FINAL PROVISIONS

48. Notwithstanding section 4 of this Act, the first Bureau shall be composed of the following persons :

(1)  six directors appointed by the Office des professions du Québec and chosen from among the persons who, on 30 June 1999, are certified to practise within the framework of pilot projects in accordance with the Act respecting the practice of midwifery within the framework of pilot projects (chapter P‐16.1) ; the directors are deemed to be elected directors ;

(2)  two directors appointed by the Office des professions du Québec in accordance with the first paragraph of section 78 of the Professional Code (chapter C‐26);

(3)  a chair elected by the directors referred to in paragraph 1 from among their number by secret ballot ; the chair is deemed to be elected in the manner provided in subparagraph b of the first paragraph of section 64 of the Professional Code.

1999, c. 24, s. 48.

49. For the purposes of section 75 of the Professional Code (chapter C‐26), the territory of Québec constitutes a single region until the date of the coming into force of a regulation made under section 65 of that Code.

1999, c. 24, s. 49.

50. The term of the directors of the first Bureau is four years, beginning on their appointment.

1999, c. 24, s. 50.

51. Any vacancy in the office of a director deemed elected shall be filled for the unexpired portion of the term by a new director appointed by the Office des professions du Québec from among the persons referred to in paragraph 1 of section 48, if the vacancy occurs before 24 September 1999, or from among the members of the Order, if the vacancy occurs after that date.

1999, c. 24, s. 51.

52. Every person who, on 30 June 1999, is the holder of a qualification certificate for the practice of midwifery within the framework of pilot projects issued by the committee on admission to the practice of midwifery, in accordance with the Act respecting the practice of midwifery within the framework of pilot projects (chapter P-16.1), also becomes the holder of a permit for the practice of midwifery issued by the Bureau.

Every person who, on that date and in accordance with that Act, is deemed to be certified to practise within the framework of the perinatal care project under the responsibility of the Centre de santé Inuulitsivik also becomes the holder of a restricted permit issued by the Bureau. Under the permit, the person shall be allowed to practise midwifery only in a centre operated by the institution administering the project.

1999, c. 24, s. 52.

53. A candidate declared eligible by the committee on admission to the practice of midwifery but who has not, on 30 June 1999, satisfied all the conditions imposed by the committee to obtain a qualification certificate for the practice of midwifery within the framework of pilot projects, becomes the holder of a permit issued by the Bureau upon satisfying those conditions.

1999, c. 24, s. 53.

54. A person whose qualification certificate for the practice of midwifery within the framework of pilot projects has on 30 June 1999 been suspended by the committee on admission to the practice of midwifery becomes the holder of a permit issued by the Bureau upon satisfying the conditions imposed by the committee for the lifting of the suspension.

1999, c. 24, s. 54.

55. The persons referred to in section 52 and the persons who obtain a permit upon satisfying the conditions referred to in section 53 or 54 shall be entered on the roll of the Order if they meet the requirements of section 63 of this Act and the other conditions for entry on the roll set out in section 46 of the Professional Code (chapter C-26).

However, Divisions IV, VI, VII and VIII of Chapter IV and section 192 of the Professional Code do not apply before 24 September 1999.

1999, c. 24, s. 55.

56. Where a midwife holds a permit and is on the roll of the Order at the time the committee on admission to the practice of midwifery decides to suspend the midwife’s qualification certificate, the midwife’s name is struck from the roll by the Bureau and cannot be re-entered until the conditions imposed by the committee are satisfied.

The Bureau shall revoke a permit issued to a person whose qualification certificate for the practice of midwifery within the framework of pilot projects is revoked by the committee on admission to the practice of midwifery.

1999, c. 24, s. 56.

62. Notwithstanding the provisions of the second paragraph of section 86 of the Professional Code (chapter C-26), the resolution to be adopted by the Bureau for the purpose of fixing the first annual assessment need not be approved by a majority of the members of the Order in order to come into force.

1999, c. 24, s. 62.

63. Until the coming into force of the regulation to be made by the Bureau pursuant to paragraph d of section 93 of the Professional Code (chapter C-26), the security to be furnished in accordance with paragraph 3 of section 46 of the Professional Code must be at least equivalent to the security required within the framework of pilot projects.

1999, c. 24, s. 63.

71. An advisory council is hereby instituted within the Order for a term of four years, which may be renewed by the Government.

1999, c. 24, s. 71.

72. The mandate of the advisory council is to advise and make recommendations to the Bureau concerning the draft regulations of the Order, before their adoption by the Order, and concerning any other matter pertaining to the practice of midwifery which the Bureau considers expedient to submit to the advisory council.

The advisory council shall also, through the agency of the Bureau, advise and make recommendations to the Minister responsible for the administration of legislation respecting the professions or to the Office des professions du Québec concerning any matter they consider expedient to submit to the advisory council in relation to the practice of midwifery.

1999, c. 24, s. 72.

73. The advisory council shall be composed of the following six members appointed by the Government and chosen by reason of their knowledge of and experience with the professional system or their professional expertise in the fields related to the practice of midwifery :

(1)  one midwife, after consultation with the Bureau ;

(2)  two physicians, after consultation with the Collège des médecins du Québec ;

(3)  one nurse, after consultation with the Ordre des infirmières et infirmiers du Québec ;

(4)  one pharmacist, after consultation with the Ordre des pharmaciens du Québec ;

(5)  one representative of the public, after consultation with interested groups.

The advisory council may consult any person whose particular expertise is required and any person representing a body concerned with the practice of midwifery and authorize them to participate in its meetings.

1999, c. 24, s. 73.

74. The advisory council may, by by-law, adopt rules governing the conduct of its affairs.

1999, c. 24, s. 74.

75. The advice and recommendations submitted by the advisory council must, if necessary, contain explanations on the particular position of each member.

The advice and recommendations are filed with the Bureau which shall transmit them to the Office des professions du Québec or, as the case may be, to the Minister responsible for the administration of legislation respecting the professions.

1999, c. 24, s. 75.

76. The secretary of the Order shall provide the required administrative support to the advisory council, see to the preparation and conservation of its minutes, advice and recommendations and convene its meetings when requested.

The Order shall defray the operating costs of the advisory council, including the travel and lodging expenses of its members and the flat-rate fees determined by resolution of the Bureau that are granted to them.

1999, c. 24, s. 76.

78. To enable the Order to fulfil all the obligations imposed on it by this Act and the Professional Code (chapter C-26) for the protection of the public during its first eight years of activity, a fund is hereby established consisting of the balance remaining on the amounts reserved for the financing of pilot projects.

The fund, to be managed by the Office des professions du Québec, shall transfer each year to the Order a sum calculated on a regressive averaging basis.

The costs incurred for the management of the fund shall be paid out of the interest it produces.

The annual report of the Order must contain a note to its financial statements detailing the use of the sum transferred pursuant to the second paragraph.

1999, c. 24, s. 78.

82. (Omitted).

1999, c. 24, s. 82.