S-4.2 - Act respecting health services and social services

Updated to 1 February 2009

This document has official status.

chapter S-4.2

Act respecting health services and social services

PART I OBJECT OF THE ACT AND RIGHTS OF USERS

TITLE I OBJECT

1. The health services and social services plan established by this Act aims to maintain and improve the physical, mental and social capacity of persons to act in their community and to carry out the roles they intend to assume in a manner which is acceptable to themselves and to the groups to which they belong.

The plan shall focus mainly on

(1)  reducing mortality caused by illness and trauma as well as morbidity, physical disabilities and handicaps;

(2)  acting on health and welfare determining factors and developing individual, family and community responsibility in that respect through prevention and promotion;

(3)  fostering the recovery of users’ health and welfare;

(4)  fostering the protection of public health;

(5)  fostering the adjustment or rehabilitation of users as well as their social integration or reintegration;

(6)  reducing the impact of problems which threaten the stability, fulfilment or autonomy of users;

(7)  attaining comparable standards of health and welfare in the various strata of the population and in the various regions.

1991, c. 42, s. 1; 1999, c. 40, s. 269.

2. In order to permit these objectives to be achieved, this Act establishes an organizational structure of human, material and financial resources designed

(1)  to ensure the participation of individuals and groups of individuals in the selection of orientations and in the setting up, improvement, development and management of services;

(2)  to foster the participation, in the various sectors of activity of the community, of all intervening parties whose action may have an influence on health and welfare;

(3)  to apportion responsibilities among public bodies, community organizations and other parties working in the field of health and social services;

(4)  to ensure that services are accessible on a continuous basis to respond to the physical, mental and social needs of individuals, families and groups;

(5)  to take account of the distinctive geographical, linguistic, sociocultural, ethnocultural and socioeconomic characteristics of each region;

(6)  to foster, to the extent allowed by the resources, access to health services and social services through adapted means of communication for persons with functional limitations;

(7)  to foster, to the extent allowed by the resources, access to health services and social services in their own languages for members of the various cultural communities of Québec;

(8)  to foster effective and efficient provision of health services and social services and respect for the rights of the users of such services;

(8.1)  to ensure users the safe provision of health services and social services;

(9)  to ensure participation of human resources of institutions referred to in Title I of Part II in the selection of orientations and the determination of priorities;

(10)  to promote research and education so as to respond more adequately to the needs of the population.

1991, c. 42, s. 2; 2002, c. 71, s. 1.

3. For the application of this Act, the following guidelines shall guide the management and provision of health services and social services:

(1)  the person requiring services is the reason for the very existence of those services;

(2)  respect for the user and recognition of his rights and freedoms must inspire every act performed in his regard;

(3)  the user must be treated, in every intervention, with courtesy, fairness and understanding, and with respect for his dignity, autonomy, needs and safety;

(4)  the user must, as far as possible, play an active role in the care and services which concern him;

(5)  the user must be encouraged, through the provision of adequate information, to use services in a judicious manner.

1991, c. 42, s. 3; 2002, c. 71, s. 2.

TITLE II RIGHTS OF USERS

CHAPTER I GENERAL PROVISIONS

4. Every person is entitled to be informed of the existence of the health and social services and resources available in his community and of the conditions governing access to such services and resources.

1991, c. 42, s. 4.

5. Every person is entitled to receive, with continuity and in a personalized and safe manner, health services and social services which are scientifically, humanly and socially appropriate.

1991, c. 42, s. 5; 2002, c. 71, s. 3.

6. Every person is entitled to choose the professional or the institution from whom or which he wishes to receive health services or social services.

Nothing in this Act shall restrict the freedom of a professional to accept or refuse to treat a person.

1991, c. 42, s. 6.

7. Every person whose life or bodily integrity is endangered is entitled to receive the care required by his condition. Every institution shall, where requested, ensure that such care is provided.

1991, c. 42, s. 7.

8. Before giving his consent to care concerning him, every user of health services and social services is entitled to be informed of his state of health and welfare and to be acquainted with the various options open to him and the risks and consequences generally associated with each option.

The user is also entitled to be informed, as soon as possible, of any accident having occurred during the provision of services that has actual or potential consequences for the user’s state of health or welfare and of the measures taken to correct the consequences suffered, if any, or to prevent such an accident from recurring.

For the purposes of this section and sections 183.2, 233.1, 235.1 and 431 and unless the context indicates otherwise,

“accident” means an action or situation where a risk event occurs which has or could have consequences for the state of health or welfare of the user, a personnel member, a professional involved or a third person.

1991, c. 42, s. 8; 2002, c. 71, s. 4.

9. No person may be made to undergo care of any nature, whether for examination, specimen taking, treatment or any other intervention, except with his consent.

Consent to care or the authorization to provide care shall be given or refused by the user or, as the case may be, his representative or the court, in the circumstances and manner provided for in articles 10 and following of the Civil Code.

1991, c. 42, s. 9; 1999, c. 40, s. 269.

10. Every user is entitled to participate in any decision affecting his state of health or welfare.

He is entitled, in particular, to participate in the development of his intervention plan or individualized service plan where such plans are required under sections 102 and 103.

The same applies to any modification made to such plans.

1991, c. 42, s. 10.

11. Every user is entitled to be accompanied and assisted by the person of his choice when he wishes to obtain information or take steps in relation to any service provided by an institution or on its behalf or by any professional practising in a centre operated by the institution.

1991, c. 42, s. 11.

12. The rights of any person which are recognized under this Act may be exercised by a representative.

The following persons are presumed to be representatives, according to the circumstances and subject to the priorities provided for in the Civil Code:

(1)  the holder of parental authority of a user who is a minor or the user’s tutor;

(2)  the curator, tutor, spouse or close relative of a user of full age under legal incapacity;

(3)  an authorized person mandated by the incapable user of full age before his incapacity;

(4)  a person proving that he has a special interest in the user of full age under legal incapacity.

1991, c. 42, s. 12; 1999, c. 40, s. 269.

13. The right to health services and social services and the right to choose a professional and an institution as provided in sections 5 and 6 shall be exercised within the framework of the legislative and regulatory provisions relating to the organizational and operational structure of the institution and within the limits of the human, material and financial resources at its disposal.

1991, c. 42, s. 13.

14. No institution may cease to lodge a user who has been discharged unless his condition allows his return home or his integration into a home, or unless his admission to another institution or any of its intermediate resources or to a family-type resource is assured and the services required by his condition will be provided to him by such institution or resource.

Subject to the first paragraph, a user must leave the institution where he is an in-patient immediately upon being discharged in accordance with the provisions of the regulation made under subparagraph 28 of the first paragraph of section 505.

1991, c. 42, s. 14.

15. English-speaking persons are entitled to receive health services and social services in the English language, in keeping with the organizational structure and human, material and financial resources of the institutions providing such services and to the extent provided by an access program referred to in section 348.

1991, c. 42, s. 15.

16. Nothing in this Act restricts the right of a person or his successors to pursue a remedy against an institution, its directors, employees or servants or a professional by reason of a professional or other fault. In no case may such remedy be waived.

The same applies to the right to pursue a remedy against a family-type resource.

1991, c. 42, s. 16; 1999, c. 40, s. 269.

CHAPTER II USER’S RECORD

17. Every user 14 years of age or over has right of access to his record. However, the institution may deny him access to it temporarily if, on the advice of his attending physician or the physician designated by the executive director of the institution, communication of the record or any part thereof would likely be seriously prejudicial to the user’s health. In that case, the institution, on the recommendation of the physician, shall determine the time at which the record or the part thereof to which access has been denied can be communicated to the user, and notify him thereof.

1991, c. 42, s. 17.

18. No user is entitled to be informed of the existence or be given communication of information concerning him furnished by a third person which is contained in his record, where knowledge of the existence or the communication thereof would make it possible to identify the third person, unless that person has agreed in writing to the disclosure of the information and of its source to the user.

The first paragraph does not apply where the information was furnished by a health or social services professional or by an employee of an institution in the performance of his duties. For the purposes of this paragraph, trainees, including medical residents, shall be regarded as health or social services professionals.

1991, c. 42, s. 18.

19. The record of a user is confidential and no person may have access to it except with the consent of the user or the person qualified to give consent on his behalf. Information contained in a user’s record may, however, be communicated without the user’s consent

(1)  on the order of a court or a coroner in the exercise of the functions of office;

(2)  at the request of the local service quality and complaints commissioner under section 36, of a medical examiner under the third paragraph of section 47, of a review committee referred to in section 51 or one of its members under the second paragraph of section 55, of a regional service quality and complaints commissioner under section 69, of a council of physicians, dentists and pharmacists or of an expert from outside the institution that the council calls on under the second paragraph of section 214;

(3)  at the request of a person designated by an agency to carry out an inspection under the second paragraph of section 413.2 or at the request of an agency or of a person designated by an agency to conduct an inquiry under the second paragraph of section 414;

(4)  to the Minister under section 433 for the exercise of the Minister’s functions under section 431;

(5)  to a person authorized to make an inspection under the second paragraph of section 489 or section 489.1;

(6)  to a person designated by the Government under the second paragraph of section 500 to investigate a matter referred to in the first paragraph of that section;

(7)  in the cases and for the purposes set out in sections 19.0.1, 19.0.2, 19.0.3, 19.2 and 27.1, in the second paragraph of sections 78.1 and 107.1, in the fifth paragraph of section 108, in the third paragraph of section 185.1, in section 204.1, in the fourth paragraph of section 349.3, in sections 520.3.0.1 and 520.3.1 and in the first paragraph of section 520.3.2;

(8)  at the request of a revisory committee referred to in section 41 of the Health Insurance Act (chapter A-29) under section 77, or of a person or committee referred to in section 192 of the Professional Code (chapter C-26), if necessary to carry out their duties;

(9)  for the purposes of the Public Health Act (chapter S-2.2); or

(10)  in the cases and for the purposes set out in sections 8 and 9 of the Act to protect persons with regard to activities involving firearms (chapter P-38.0001).

1991, c. 42, s. 19; 1992, c. 21, s. 2; 1999, c. 45, s. 1; 2001, c. 60, s. 161; 2005, c. 32, s. 1; 2006, c. 28, s. 20; 2006, c. 43, s. 1; 2007, c. 30, s. 19.

19.0.1. Information contained in the record of a user may be communicated, in order to prevent an act of violence, including a suicide, where there is reasonable cause to believe that there is an imminent danger of death or serious bodily injury to the user, another person or an identifiable group of persons.

The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid. The information may only be communicated by a person or a person belonging to a class of persons authorized by the director of professional services or, failing such a director, by the executive director of the institution.

The persons so authorized may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

The executive director of the institution must, by a directive, determine the terms and conditions according to which the information may be communicated. Every person authorized to communicate the information is required to comply with the directive.

2001, c. 78, s. 14; 2005, c. 32, s. 2.

19.0.2. In order to ensure that the information contained in its local files or index is accurate, up-to-date and complete, or, if necessary, to verify a person’s eligibility under the health insurance plan established by the Health Insurance Act (chapter A-29) or the hospital insurance plan established by the Hospital Insurance Act (chapter A-28), an institution may send the following information contained in a user’s record to the Régie de l’assurance maladie du Québec: the name, date of birth, sex, address, language code, health insurance number, telephone number, unique identification number, date of death and social insurance number of each user or insured person of the institution, and the names of the mother and father or, if applicable, the legal representative of each user or insured person. The social insurance number may not be transmitted except for the purpose of verifying its validity or facilitating the transfer of the other information.

The Régie must destroy the local files or index containing the information that is communicated to it under this section for cross-matching with its register of insured persons.

2005, c. 32, s. 3.

19.0.3. An institution that transfers a user to another institution must send the other institution a summary of the information necessary to take the user in charge within 72 hours after the transfer.

2006, c. 28, s. 21.

19.1. Consent to a request for access to a user’s record for study, teaching or research purposes must be in writing ; in addition, it must be free and enlightened and given for specific purposes. Otherwise, it is without effect.

The consent is valid only for the time required for the attainment of the purposes for which it was granted or, in the case of a research project approved by an ethics committee, for the period determined, where that is the case, by the ethics committee.

1999, c. 45, s. 2.

19.2. The director of professional services of an institution or, if there is no such director, the executive director may authorize a professional to examine the record of a user for study, teaching or research purposes.

Before granting such authorization, the director must, however, ascertain that the criteria determined under section 125 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) are satisfied. If the director is of the opinion that the professional’s project is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization.

The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics and scientific integrity.

1999, c. 45, s. 2; 2005, c. 32, s. 4.

20. A user under 14 years of age is not entitled, at the time of an application for information or rectification, to be informed of the existence or to be given communication of information of a medical or social nature concerning him that is contained in his record, except through his advocate within the framework of a judicial proceeding.

Nothing in the first paragraph shall restrict normal communication between a user and a health or social services professional or an employee of an institution. For the purposes of the first paragraph, trainees, including medical residents, shall be regarded as health or social services professionals.

1991, c. 42, s. 20.

21. The holder of parental authority is entitled to have access to the record of a user who is a minor.

However, an institution shall refuse to give the holder of parental authority access to the record of a user who is a minor where

(1)  the user is under 14 years of age, an intervention within the meaning of section 2.3 of the Youth Protection Act (chapter P-34.1) has been made in his regard or a decision respecting him has been made under the said Act, and the institution, after consulting the director of youth protection, determines that communication of the record of the user to the holder of parental authority will or could be prejudicial to the health of the user;

(2)  the user is 14 years of age or over and, after being consulted by the institution, refuses to allow his record to be communicated to the holder of parental authority and the institution determines that communication of the record of the user to the holder of parental authority will or could be prejudicial to the health of the user.

1991, c. 42, s. 21.

22. The tutor, curator, mandatary or the person who may give his consent to care for a user is entitled to have access to the information contained in the record of the user to the extent that such communication is necessary for the exercise of that power.

Any person who attests under oath that he intends to apply for the institution or review of protective supervision for a user or the homologation of a mandate given by the user for the eventuality of his inability, is entitled to have access to the information contained in the medical and psychosocial assessment of the user, if the assessment determines that the user is unable to care for himself and administer his property. Only one applicant has a right of access to such information.

1991, c. 42, s. 22.

23. The heirs, legatees by particular title and legal representatives of a deceased user are entitled to be given communication of information contained in his record to the extent that such communication is necessary for the exercise of their rights in such capacity. The same applies to the person entitled to the payment of a benefit under an insurance policy on the life of the user or under a pension plan of the user.

The spouse, ascendants or direct descendants of a deceased user are entitled to be given communication of information relating to the cause of death of the user, unless the deceased user entered in writing in his record his refusal to grant such right of access.

The holder of parental authority is entitled to be given communication of the information contained in the record of a user under 14 years of age even if the user is deceased. However, that right of access does not extend to information of a psychosocial nature.

Notwithstanding the second paragraph, persons related by blood to a deceased user may be given communication of information contained in his record to the extent that such communication is necessary to verify the existence of a genetic or hereditary disease.

1991, c. 42, s. 23; 1999, c. 40, s. 269; 2005, c. 32, s. 5.

24. At the request of a user, an institution must send a copy or summary of, or an extract from, the user’s record as soon as possible to another institution or to a professional.

However, where the request of the user is made for study, teaching or research purposes, the institution may require consent in writing as provided for in section 19.1.

1991, c. 42, s. 24; 1999, c. 45, s. 3.

25. Where an institution provides a user with information of a medical or social nature concerning him that is contained in his record, it shall, at the request of the user, provide him with the assistance of a qualified professional to help him to understand the information.

The same applies to the holder of parental authority, the tutor, the curator, the mandatary or any person who may give consent to care on behalf of a user.

1991, c. 42, s. 25.

26. The institution shall give the user access to his record as soon as possible.

The same applies to the persons referred to in sections 21 to 23.

1991, c. 42, s. 26.

27. A user to whom an institution refuses access to his record or to information contained therein may, by way of a motion, apply to a judge of the Superior Court or the Court of Québec or to the Commission d’accès à l’information for a review of the decision of the institution. He may also, within 60 days of the date on which the refusal was notified to him, contest the decision before the Administrative Tribunal of Québec.

The same applies to the persons referred to in sections 21 to 23.

1991, c. 42, s. 27; 1997, c. 43, s. 723.

27.1. An institution may communicate information contained in a user’s record to any person or body, if that communication is necessary for carrying out any fixed-term mandate or service contract given to that person or body by the institution, except, subject to section 108, a mandate or service contract related to the provision of certain health services or social services.

The mandate or contract must be given in writing and, on pain of nullity,

(1)  indicate the measures to be taken by the person or body to ensure at all times throughout the mandate or contract that

(a)  the confidentiality of the information is respected;

(b)  measures are established to ensure the security of the information;

(c)  the information is used only for carrying out the mandate or the contract; and

(d)  the information is not retained once the mandate is completed or the contract performed; and

(2)  set out the following obligations to be complied with by the person or body that carries out the mandate or contract:

(a)  before communicating the information, to send the institution a confidentiality agreement completed by every person to whom the information may be communicated in carrying out the mandate or contract;

(b)  if the mandate or contract is carried out on the premises of the institution, to refrain from transmitting any information or transporting any document containing such information outside those premises, unless the executive director of the institution permits it;

(c)  to immediately notify the executive director of the institution of any violation or attempted violation of an obligation relating to the confidentiality of information communicated under this section; and

(d)  to allow the institution to carry out any verification or investigation relating to the confidentiality of the information communicated.

On awarding a mandate or a service contract, the institution must take the necessary measures to ensure that the information communicated in accordance with this section will be protected in a manner equivalent to that prescribed in this Act in cases where the mandate or service contract could be given to a person or body outside Québec or the information could be communicated outside Québec.

A third person retained by a person or body to carry out a mandate or contract is subject to the same obligations as those imposed on the person or body under the second paragraph. However, the third person must send that person or body the confidentiality agreement required under subparagraph a of subparagraph 2 of the second paragraph and the notice required under subparagraph c of that paragraph.

2005, c. 32, s. 6.

27.2. The institution shall record any communication of information under section 27.1 in a register.

The register must contain, in particular,

(1)  the nature and type of the information communicated;

(2)  the names of the persons or bodies to whom the institution has given a mandate or a service contract and to whom information is communicated;

(3)  the intended use of the information communicated; and

(4)  the reasons justifying the communication of information.

2005, c. 32, s. 6.

27.3. An institution may use the name and address of a user to invite that user to make a gift to the institution or to a foundation of the institution within the meaning of section 132.2, unless the user objects. The institution must give the user a valid opportunity to refuse to allow that information to be used for such a purpose.

A user may at any time request the institution to no longer use that information for such a purpose.

For the purposes of this section, an institution must respect the rules of ethics adopted in accordance with the second paragraph of section 233.

2005, c. 32, s. 6.

28. Sections 17 to 27.3 apply notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

1991, c. 42, s. 28; 2005, c. 32, s. 7.

CHAPTER III USER COMPLAINTS

2001, c. 43, s. 41.

DIVISION I EXAMINATION OF COMPLAINTS BY INSTITUTION

2001, c. 43, s. 41.

29. The board of directors of every institution must make a by-law establishing a complaint examination procedure for the purposes of Division I and, after consulting with the council of physicians, dentists and pharmacists or the medical service concerned, for the purposes of Division II of this chapter.

The board of directors must send the procedure to the Minister, who shall ensure that it is established and applied in accordance with sections 29 to 59.

1991, c. 42, s. 29; 1998, c. 39, s. 1; 2001, c. 43, s. 41; 2005, c. 32, s. 8.

30. A local service quality and complaints commissioner must be appointed by the board of directors of every institution. If a board of directors administers two or more institutions, the local commissioner shall handle the complaints from the users of all the institutions administered by the board.

The local service quality and complaints commissioner reports to the board of directors.

After having obtained the opinion of the local service quality and complaints commissioner, the board of directors may, whenever necessary, appoint one or more assistant local service quality and complaints commissioners.

An assistant local service quality and complaints commissioner shall exercise the functions delegated by and act under the authority of the local service quality and complaints commissioner. In the exercise of his or her functions, an assistant local commissioner is vested with the same powers and immunity as a local service quality and complaints commissioner.

1991, c. 42, s. 30; 2001, c. 43, s. 41; 2005, c. 32, s. 9.

31. The board of directors must take steps to preserve at all times the independence of the local service quality and complaints commissioner and the assistant local service quality and complaints commissioner in the exercise of their functions.

To that end, the board of directors must ensure that the local commissioner and the assistant local commissioner exercise exclusively the functions provided for in section 33.

The local commissioner or assistant local commissioner may also exercise the same functions on behalf of any other institution, subject to the terms and conditions determined by agreement between the institutions concerned and approved by their boards of directors.

A local service quality and complaints commissioner may also exercise the functions of a regional service quality and complaints commissioner provided for in this Act, subject to the terms and conditions determined by agreement between the institution and the agency concerned.

1991, c. 42, s. 31; 1998, c. 39, s. 2; 2001, c. 43, s. 41; 2005, c. 32, s. 10.

32. In the exercise of his or her functions, the local service quality and complaints commissioner may consult any person whose expertise the commissioner requires, including, with the authorization of the board of directors, calling on an expert from outside the institution. Subject to the fourth paragraph of section 30, the functions of the local service quality and complaints commissioner may not be otherwise delegated.

1991, c. 42, s. 32; 1998, c. 39, s. 3; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

33. The local service quality and complaints commissioner is answerable to the board of directors for the enforcement of user rights and for the diligent handling of user complaints.

To that end, the functions of the local service quality and complaints commissioner shall include

(1)  applying the complaint examination procedure in keeping with the rights of users; if necessary, making recommendations to the board of directors for any appropriate action to improve the handling of complaints in the institution, including a revision of the complaint examination procedure;

(2)  promoting the independent nature of the role of the local service quality and complaints commissioner within the institution, distributing information to increase understanding of the rights and obligations of users and the code of ethics referred to in section 233, promoting the complaint examination process and publishing the procedure referred to in section 29;

(3)  giving assistance or seeing to it that assistance is given to users who require assistance for the formulation of a complaint or for any further step related to the complaint, including an application to the review committee established under section 51; informing users of the possibility of being assisted and supported by the community organization in the region to which a user assistance and support mandate has been given pursuant to the provisions of section 76.6; and lastly, providing on request any information on the application of the complaint examination procedure, and informing users of the legal protection afforded pursuant to section 76.2 to any person who cooperates in the examination of a complaint;

(4)  on receiving a complaint from a user, examining it with diligence;

(5)  if questions of a disciplinary nature in relation to a practice or the conduct of a personnel member are raised during the commissioner’s examination, bringing these questions to the attention of the department concerned or the human resources manager within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint or the object of an intervention, for a more thorough investigation, follow-up action or any other appropriate action; making any appropriate recommendation to that effect in his or her conclusions;

(6)  not later than 45 days after receiving a complaint, communicating his or her conclusions, including reasons, in writing in the case of a written complaint, to the user, together with any recommendations made to the board of directors, to the department or service manager concerned within the institution and, where applicable, to the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint, and informing the user of the procedure for applying to the Health and Social Services Ombudsman referred to in the Act respecting the Health and Social Services Ombudsman (chapter P-31.1); communicating the same conclusions, including reasons, in writing in the case of a written complaint, to the board of directors, to the department or service manager concerned within the institution and to the highest authority concerned;

(7)  taking action on his or her own initiative when apprised of the facts and when there are reasonable grounds to believe that the rights of a user or group of users are not being enforced; submitting a report to the board of directors and to the department or the service manager concerned within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services concerned, recommending any action to improve user satisfaction and foster the enforcement of user rights;

(8)  giving advice on any matter within the purview of the local service quality and complaints commissioner submitted by the board of directors, any council or committee created by the board under section 181 or 181.0.1 or any other council or committee of the institution, including the users’ committee;

(9)  at least once a year and as needed, drawing up a summary of the activities of the local service quality and complaints commissioner together with a statement of any action recommended by the local commissioner to improve user satisfaction and foster the enforcement of user rights;

(10)  preparing the report referred to in section 76.10, incorporating into the report the annual summary of the activities of the local service quality and complaints commissioner, the report of the medical examiner under section 50 and the report of the review committee under section 57, and presenting it to the board of directors for approval; and

(11)  (subparagraph repealed).

1991, c. 42, s. 33; 1998, c. 39, s. 4; 2001, c. 43, s. 41; 2005, c. 32, s. 11.

34. The complaint examination procedure must enable a user to address a verbal or written complaint to the local service quality commissioner regarding the health services or social services the user received, ought to have received, is receiving or requires from the institution, an intermediary or family-type resource or any other organization, partnership or person to which or whom the institution has recourse, in particular by an agreement under section 108 or 108.1, for the provision of those services, except in the case of a complaint concerning a physician, dentist or pharmacist, or a resident, who practises with such an organization, partnership or person.

The procedure must also allow the heirs or the legal representatives of a deceased user to make a complaint regarding the services the user received or ought to have received.

The complaint examination procedure must in particular

(1)  include the details allowing rapid access to the services of the local commissioner;

(2)  provide that the local commissioner must give the necessary assistance or see to it that the necessary assistance is given to users who require assistance for the formulation of a complaint or for any further step related to the complaint, in particular by the community organization in the region to which a user assistance and support mandate has been given pursuant to section 76.6;

(3)  ensure that the user receives a written notice of the date on which the verbal or written complaint is received by the local commissioner, unless the commissioner’s conclusions were sent to the user within 72 hours after the complaint was received;

(4)  establish a procedure for the examination of complaints regarding a physician, dentist or pharmacist, or a resident, in accordance with Division II, except the procedure to be followed by the board of directors in taking disciplinary measures in accordance with a regulation under paragraph 2 of section 506;

(5)  provide for the prompt referral of any complaint concerning or involving a physician, dentist or pharmacist, or a resident, to the medical examiner designated under section 42;

(6)  provide that, where a complaint is received regarding the services provided by a resource, organization, partnership or person referred to in the first paragraph, the local commissioner is to inform the authority concerned in writing of the receipt of the complaint or, if the local commissioner is of the opinion that no prejudice will be caused to the user, forward a copy of the complaint to the authority; provide that, if the complaint is verbal, the authority concerned is to be informed verbally;

(7)  specify what communications must be made in writing in the case of a written complaint;

(8)  allow the user and the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of a complaint referred to in the first paragraph to present their observations; and

(9)  provide that the local commissioner, after examining the complaint, is to communicate his or her conclusions, including reasons, to the user within the time prescribed in subparagraph 6 of the second paragraph of section 33, together with the procedure for applying to the Health Services Ombudsman.

1991, c. 42, s. 34; 1998, c. 39, s. 5; 2001, c. 43, s. 41; 2005, c. 32, s. 12.

34.1. (Replaced).

2001, c. 43, s. 41.

35. The local service quality and complaints commissioner may, upon summary examination, dismiss a complaint if, in the commissioner’s opinion, it is frivolous, vexatious or made in bad faith.

The local service quality and complaints commissioner shall so inform the user, in writing in the case of a written complaint.

1991, c. 42, s. 35; 1998, c. 39, s. 7; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

36. The user and any other person, including any member of the personnel of the institution, any midwife having entered into a service contract with the institution under section 259.2 and any member of the council of physicians, dentists and pharmacists, must supply all information and, subject to the second paragraph of section 190 and section 218, all documents required by the local service quality and complaints commissioner for examining a complaint or intervening, and provide access to and the communication of the information or documents contained in the user’s record; all such persons must also, unless they have a valid excuse, attend any meeting called by the local commissioner.

1991, c. 42, s. 36; 1998, c. 39, s. 8; 2001, c. 43, s. 41; 2005, c. 32, s. 13.

37. If, pursuant to subparagraph 5 of the second paragraph of section 33, the local service quality and complaints commissioner brings a practice or the conduct of a personnel member that raises questions of a disciplinary nature to the attention of the department concerned or the human resources manager within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of a complaint under the first paragraph of section 34, the department, manager, authority or person must investigate and follow up the case diligently and report periodically to the local commissioner on the progress of the investigation.

The local service quality and complaints commissioner must be informed of the outcome of the case and of any disciplinary measure taken against the personnel member concerned. The local commissioner must in turn inform the user.

1991, c. 42, s. 37; 1998, c. 39, s. 9; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

38. (Repealed).

1991, c. 42, s. 38; 1992, c. 21, s. 3; 1998, c. 39, s. 173; 2001, c. 43, s. 41; 2005, c. 32, s. 14.

39. If warranted, in the opinion of the board of directors, by the gravity of a complaint against an employee of the institution who belongs to a professional order or against a midwife, the board shall transmit the complaint to the professional order concerned.

If any disciplinary measure is taken against the professional, the executive director must inform the professional order in writing. The local commissioner must also be informed and in turn must inform the user in writing.

1991, c. 42, s. 39; 1992, c. 21, s. 4; 1998, c. 39, s. 173; 2001, c. 43, s. 41.

40. If the local service quality and complaints commissioner fails to communicate his or her conclusions to the user within 45 days after receiving a complaint from the user, the commissioner is deemed to have communicated negative conclusions to the user on the date of expiry of the time limit.

Such failure gives rise to the right to apply to the Health Services Ombudsman.

1991, c. 42, s. 40; 1998, c. 39, s. 173; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

DIVISION II EXAMINATION OF COMPLAINTS CONCERNING A PHYSICIAN, DENTIST OR PHARMACIST

2001, c. 43, s. 41.

41. In this division, unless the context indicates otherwise, the word “professional” includes a resident.

1991, c. 42, s. 41; 1992, c. 21, s. 5; 1994, c. 40, s. 457; 1998, c. 39, s. 173; 1999, c. 24, s. 26; 2001, c. 43, s. 41.

42. For the purposes of the examination procedure applicable to complaints concerning a physician, dentist or pharmacist, or a resident, the board of directors of every institution shall designate a medical examiner, who may or may not practise in a centre operated by the institution, on the recommendation of the council of physicians, dentists and pharmacists. The director of professional services may be designated to act in that capacity.

Where an institution operates two or more centres or maintains two or more facilities, the board of directors may, where necessary and on the recommendation of the council of physicians, dentists and pharmacists, designate one medical examiner for each centre or facility.

Where a board of directors administers two or more institutions, it may, on the recommendation of the council of physicians, dentists and pharmacists, designate a single medical examiner for the group of institutions it administers.

If no council of physicians, dentists and pharmacists has been established for an institution, the board of directors shall designate a medical examiner after consulting with the physicians, dentists and pharmacists practising in the centre or centres operated by the institution.

1991, c. 42, s. 42; 1998, c. 39, s. 10; 2001, c. 43, s. 41; 2005, c. 32, s. 15.

43. The board of directors must take steps to preserve at all times the independence of the medical examiner in the exercise of his or her functions

To that end, the board of directors must ensure that the medical examiner, having regard to the other functions he or she may exercise for the institution, is not in a conflict of interest situation in the exercise of his or her functions.

1991, c. 42, s. 43; 1998, c. 39, s. 11; 2001, c. 24, s. 1; 2001, c. 43, s. 41.

44. In addition to his or her functions relating to the complaint examination procedure provided for in this division, the medical examiner shall examine in the same manner any complaint concerning a physician, dentist or pharmacist, or a resident, made by any person other than a user or the representative of a user.

This division applies to every such complaint and the word “user” includes any person referred to in the first paragraph, with the necessary modifications.

1991, c. 42, s. 44; 1998, c. 39, s. 12; 2001, c. 43, s. 41.

45. Where a user makes a complaint concerning a physician, dentist or pharmacist, or a resident, the local service quality and complaints commissioner shall without delay refer the complaint for investigation to the medical examiner designated pursuant to section 42 and shall inform the user in writing, indicating the date of the referral.

However, where a user makes a complaint regarding administrative or organizational problems involving medical, dental or pharmaceutical services, the complaint shall be examined by the local service quality and complaints commissioner in accordance with the provisions of Division I unless the local service quality and complaints commissioner, after consulting with the medical examiner, is of the opinion that one or more physicians, dentists or pharmacists, or residents, are the subject of the complaint, in which case the commissioner shall proceed in accordance with the first paragraph.

Any complaint that involves the supervision or assessment of medical, dental or pharmaceutical acts remains within the jurisdiction of the medical examiner.

Where a complaint is examined by the local commissioner, the medical examiner must collaborate to find solutions to the administrative or organizational problems underscored by the complaint.

1991, c. 42, s. 45; 1998, c. 39, s. 173; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

46. According to the nature of the facts and their significance in terms of the quality of medical, dental or pharmaceutical care or services, the medical examiner, on receiving a complaint, must decide whether to

(1)  examine the complaint in accordance with this division;

(2)  where the complaint concerns a physician, dentist or pharmacist who is a member of the council of physicians, dentists and pharmacists, refer the complaint to that council for a disciplinary investigation by a committee established for that purpose, and transmit a copy of the complaint to the professional concerned; if there is no such council, the complaint shall be handled according to the procedure determined by a regulation under paragraph 2 of section 506;

(3)  where the complaint concerns a resident and raises questions of a disciplinary nature, refer the complaint, with a copy to the resident, to the authority determined by a regulation made under paragraph 2 of section 506; or

(4)  dismiss the complaint if, in the medical examiner’s opinion, it is frivolous, vexatious or made in bad faith.

Where the medical examiner chooses to proceed pursuant to subparagraph 2, 3 or 4, the medical examiner must inform the user and the local service quality and complaints commissioner.

1991, c. 42, s. 46; 1998, c. 39, s. 13; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

47. Where the medical examiner chooses to proceed pursuant to subparagraph 1 of the first paragraph of section 46, the medical examiner shall send a copy of the complaint to the professional concerned.

The user and the professional must be allowed to present observations during the examination of the complaint. The professional shall have access to the user’s complaint record.

The obligations set out in section 36 apply, with the necessary modifications, to any information required or meeting called by the medical examiner.

The medical examiner must examine the complaint within 45 days of its referral and attempt to conciliate the interests involved. The medical examiner may consult any person whose expertise the medical examiner requires, including, with the authorization of the board of directors, an expert from outside the institution. Before the expiry of the time limit, the medical examiner must transmit his or her conclusions, including reasons, in writing to the user and the professional concerned, together with any appropriate recommendations, and inform the user of the conditions and procedure for applying to the review committee established under section 51. The conclusions, reasons and recommendations must also be communicated to the local service quality and complaints commissioner.

1991, c. 42, s. 47; 1998, c. 39, s. 14; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

48. If, during the examination of a complaint concerning a physician, dentist or pharmacist who is a member of the council of physicians, dentists and pharmacists, the medical examiner is of the opinion that, owing to the nature of the facts under examination and their significance in terms of the quality of medical, dental or pharmaceutical care or services, the complaint ought to be referred for a disciplinary investigation by a committee established for that purpose by the council of physicians, dentists and pharmacists, the medical examiner must send a copy of the complaint and of the record to the council. If there is no such council, the complaint shall be handled according to the procedure determined by a regulation under paragraph 2 of section 506.

However, where the complaint concerns a resident and raises questions of a disciplinary nature, the medical examiner must refer a copy of the complaint and of the record to the authority determined by a regulation made under paragraph 2 of section 506.

The medical examiner must inform the user, the professional concerned and the local service quality and complaints commissioner of the decision to so refer the complaint.

1991, c. 42, s. 48; 1998, c. 39, s. 173; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

49. If the medical examiner fails to communicate his or her conclusions to the user within 45 days after being referred a complaint, the medical examiner is deemed to have communicated negative conclusions to the user on the date of expiry of the time limit. Such failure gives rise to the right to apply to the review committee established under section 51.

1991, c. 42, s. 49; 1998, c. 39, s. 15; 2001, c. 43, s. 41.

50. At least once a year and whenever warranted in his or her opinion, the medical examiner must submit a report to the board of directors and to the council of physicians, dentists and pharmacists, describing the reasons for the complaints examined since the last report, and the medical examiner’s recommendations, in particular for the improvement of the quality of medical, dental and pharmaceutical care or services provided in a centre operated by the institution.

A copy of the report shall also be sent to the local service quality and complaints commissioner so that its contents may be incorporated into the report submitted under section 76.10.

1991, c. 42, s. 50; 1998, c. 39, s. 173; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

51. A review committee is established for each local authority.

The review committee is composed of three members appointed by the board of directors of the local authority.

The chair of the review committee is appointed from among the elected or co-opted members of the board of directors of the local authority. The other two members are appointed from among the physicians, dentists and pharmacists who practise in a centre operated by one of the institutions in the territory of a local health and social services network within the meaning of section 99.2 whose activities and services are coordinated by the local authority. The appointments are made on the recommendation of the councils of physicians, dentists and pharmacists of the local authority and of the other institutions in the territory, or, where no such council has been established for an institution, after consulting with the physicians, dentists and pharmacists concerned.

The board of directors of the local authority fixes the term of appointment of the members of the review committee and determines its operating rules.

However, a public institution other than a local authority may establish its own review committee. This section and sections 52 to 59 apply in such a case, with the necessary modifications, and only physicians, dentists and pharmacists who practise in a centre operated by the institution may be appointed by the board of directors as members of that review committee.

1991, c. 42, s. 51; 1998, c. 39, s. 173; 2001, c. 43, s. 41; 2005, c. 32, s. 16.

52. Except where a complaint is referred for a disciplinary investigation, the function of the review committee is to review the handling of a user complaint by the medical examiner of an institution in the territory of the local health and social services network. To that end, the review committee must acquaint itself with the entire complaint record and examine whether the complaint was examined properly, diligently and equitably and whether the reasons for the medical examiner’s conclusions, if any, are based on the enforcement of user rights and compliance with standards of professional practice. At the conclusion of its review and within 60 days after receiving a review application, the review committee must communicate a written opinion, including reasons, to the user, to the professional concerned, to the medical examiner and to the local service quality and complaints commissioner of the institution concerned.

In its opinion, and the reasons therefor, the review committee must either

(1)  confirm the conclusions of the medical examiner of the institution concerned;

(2)  require that the medical examiner carry out a supplementary examination within the time specified and transmit his or her new conclusions to the user and a copy to the review committee and to the professional concerned as well as to the local service quality and complaints commissioner;

(3)  where the complaint concerns a physician, dentist or pharmacist who is a member of the council of physicians, dentists and pharmacists established for an institution, forward a copy of the complaint and of the record to that council for a disciplinary investigation by a committee established for that purpose; if there is no such council, the complaint shall be handled according to the procedure determined by a regulation under paragraph 2 of section 506;

(4)  where the complaint concerns a resident and raises questions of a disciplinary nature, forward a copy of the complaint and of the record to the authority determined by a regulation made under paragraph 2 of section 506;

(5)  recommend any action that is likely to resolve the matter to the medical examiner or, if appropriate, to the parties themselves.

1991, c. 42, s. 52; 1998, c. 39, s. 173; 2001, c. 24, s. 2; 2001, c. 43, s. 41; 2005, c. 32, s. 17.

53. A user who disagrees with the conclusions transmitted by the medical examiner of an institution in the territory of the local health and social services network, or deemed to have been transmitted by that medical examiner under section 49, may apply verbally or in writing for a review of the complaint by the review committee of the local authority.

The review application must be filed within 60 days after receipt of the medical examiner’s conclusions or after the date on which the conclusions are deemed to have been transmitted to the user under section 49. The time limit is definitive, unless the user proves to the review committee that it was impossible for him or her to act sooner.

The local service quality and complaints commissioner of the institution concerned must give assistance or see to it that assistance is given to users who require assistance for the formulation of their application for review or for any further step related thereto, in particular by the community organization in the region to which a user assistance and support mandate has been given pursuant to section 76.6.

The user shall address the application to the chair of the review committee of the local authority and include the conclusions and reasons transmitted by the medical examiner of the institution concerned, if any.

The chair must give the user a written notice of the date of receipt of the application for review and send a copy to the professional concerned and to the medical examiner and the local commissioner of the institution concerned.

1991, c. 42, s. 53; 1998, c. 39, s. 16; 2001, c. 43, s. 41; 2005, c. 32, s. 18.

53.0.1. Section 53 applies, with the necessary modifications, to a professional concerned by a complaint who wishes to apply for a review.

2005, c. 32, s. 19.

53.1. (Replaced).

1998, c. 39, s. 17; 2001, c. 43, s. 41.

54. Within five days after receiving a copy of a review application, the medical examiner concerned shall forward a copy of the entire complaint record to the chair of the review committee of the local authority.

1991, c. 42, s. 54; 1998, c. 39, s. 18; 2001, c. 43, s. 41; 2005, c. 32, s. 20.

55. The review committee must allow the user, the professional and the medical examiner concerned to present observations.

The obligations set out in section 36 apply, with the necessary modifications, to any information required or meeting called by the review committee or a member of the review committee.

1991, c. 42, s. 55; 2001, c. 43, s. 41; 2005, c. 32, s. 21.

56. Subject to the information that must be transmitted to the user where the complaint is referred to the council of physicians, dentists and pharmacists, the opinion of the review committee of the local authority is final.

1991, c. 42, s. 56; 1998, c. 39, s. 19; 2001, c. 43, s. 41; 2005, c. 32, s. 22.

57. At least once a year and whenever warranted in the opinion of the review committee, the review committee must submit a report to the board of directors of the local authority, sending a copy to the council of physicians, dentists and pharmacists of each institution in the territory of the local health and social services network, in which it describes the reasons for the complaints having given rise to an application for review since the last report, sets out its conclusions and reports on the speed of its review process ; the committee may also make recommendations, in particular for the improvement of the quality of medical, dental and pharmaceutical care or services provided in a centre operated by an institution in the territory of the local health and social services network.

A copy of the report shall also be sent to the local service quality and complaints commissioner of each institution in the territory so that its contents may be incorporated into the report submitted under section 76.10, and to the Health Services Ombudsman.

1991, c. 42, s. 57; 1998, c. 39, s. 20; 2001, c. 43, s. 41; 2005, c. 32, s. 23.

58. Subject to the provisions of the second and third paragraphs, where pursuant to subparagraph 2 of the first paragraph of section 46, section 48 or subparagraph 3 of the second paragraph of section 52, a complaint is referred to the council of physicians, dentists and pharmacists for a disciplinary investigation by a committee formed by the council, the procedure determined by a regulation under paragraph 2 of section 506 shall be followed.

During the investigation of the complaint, the user must be allowed to present observations. The medical examiner shall be kept informed of the progress of the investigation on a regular basis or at the very least on completion of each of the key stages of the investigation. The medical examiner must inform the user periodically. Every 60 days from the date on which the user was informed of the referral of the complaint until the completion of the investigation, the medical examiner must inform the user in writing on the progress of the investigation.

If, following the investigation of the complaint, the council of physicians, dentists and pharmacists is of the opinion that no disciplinary measures are called for, it shall communicate its conclusions, including reasons, to the professional concerned and the medical examiner. If the complaint was referred to the council by the review committee of the local authority, the council shall also communicate its conclusions to that review committee. If the council of physicians, dentists and pharmacists is of the opinion that the board of directors should impose disciplinary measures, the executive director of the institution shall notify the professional concerned and the medical examiner of the decision of the board of directors and the reasons therefor. If the complaint was referred to the council by the review committee, the executive director shall also notify the review committee. In all cases, the medical examiner must inform the user, in writing in the case of a written complaint. The medical examiner must also inform the local service quality and complaints commissioner.

1991, c. 42, s. 58; 1998, c. 39, s. 21; 2001, c. 43, s. 41; 2005, c. 32, s. 24.

59. If warranted, in the opinion of the board of directors, by the gravity of the complaint, the board shall transmit the complaint to the professional order concerned.

If the board of directors takes disciplinary measures against a physician, a dentist or a pharmacist, the executive director must notify the professional order in writing. In such cases, the medical examiner shall inform the user and the local service quality and complaints commissioner in writing.

1991, c. 42, s. 59; 1998, c. 39, s. 22; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

DIVISION III EXAMINATION OF COMPLAINTS BY AGENCY

2001, c. 43, s. 41; 2005, c. 32, s. 227.

60. A complaint may be addressed directly to the agency

(1)  by any person who uses the services of a community organization within the meaning of section 334 or is lodged in a private nursing home or by a community organization referred to in section 454, or in a residence for the elderly referred to in section 346.0.1, regarding the services the person received or ought to have received from the organization or nursing home;

(2)  (paragraph repealed);

(3)  by any natural person regarding a function or an activity of the agency by which the person is personally affected owing to the fact that the person receives or ought to receive services provided by institutions, intermediary resources, family-type resources, community organizations, private nursing homes or community organizations referred to in section 454 or residences for the elderly referred to in section 346.0.1;

(4)  by any natural person regarding any clientele assistance provided by the agency itself as part of its functions as regards services to the public and user rights;

(5)  by any natural person who requires or uses services provided by an organization, partnership or person whose services or activities relate to the field of health and social services and with which or whom a service agreement has been made by the agency for the provision of services, and who cannot otherwise apply to an institution under Division I. This does not apply, however, in the case of a complaint concerning a physician, dentist or pharmacist, or a resident, who practises with such an organization, partnership or person.

1991, c. 42, s. 60; 1998, c. 39, s. 23; 2001, c. 43, s. 41; 2002, c. 69, s. 152; 2005, c. 32, s. 25.

61. (Repealed).

1991, c. 42, s. 61; 1998, c. 39, s. 24; 2001, c. 43, s. 41; 2002, c. 69, s. 153.

62. The board of directors of every agency must make a by-law establishing a complaint examination procedure for the purposes of this division.

The board of directors must send the procedure to the Minister, who shall ensure that it is established and applied in accordance with sections 60 to 72.

1991, c. 42, s. 62; 1998, c. 39, s. 25; 2001, c. 43, s. 41; 2005, c. 32, s. 26.

62.1. (Replaced).

1998, c. 39, s. 26; 2001, c. 43, s. 41.

63. A regional service quality and complaints commissioner shall be appointed by the board of directors.

The regional commissioner comes under the authority of the board of directors. The regional commissioner alone is answerable to the board of directors for the application of the complaint examination procedure. A member of the personnel of the agency may act under the authority of the regional commissioner if it is permitted by the agency’s organization plan.

1991, c. 42, s. 63; 2001, c. 43, s. 41; 2005, c. 32, s. 27.

64. The board of directors must take steps to preserve at all times the independence of the regional service quality and complaints commissioner in the exercise of his or her functions.

To that end, the board of directors must ensure that the regional commissioner exercises exclusively the functions provided for in section 66.

1991, c. 42, s. 64; 1999, c. 40, s. 269; 2001, c. 43, s. 41; 2005, c. 32, s. 28.

65. In the exercise of his or her functions, the regional service quality and complaints commissioner may consult any person whose expertise the commissioner requires, including, with the authorization of the board of directors, an expert from outside the agency.

1991, c. 42, s. 65; 2000, c. 8, s. 242; 2001, c. 43, s. 41; 2005, c. 32, s. 29.

65.1. (Replaced).

1998, c. 39, s. 27; 2001, c. 43, s. 41.

66. The regional service quality and complaints commissioner is answerable to the board of directors for the enforcement of the rights of persons who apply to the regional commissioner pursuant to this division and for the diligent handling of their complaints.

To that end, the functions of the regional service quality and complaints commissioner shall include

(1)  applying the complaint examination procedure established by by-law of the board of directors in keeping with personal rights; if necessary, making recommendations to the board of directors for any appropriate action to improve the handling of complaints, including a revision of the complaint examination procedure;

(2)  promoting the independent nature of the role of the regional service quality and complaints commissioner within the agency, promoting the complaint examination process, and publishing the procedure referred to in section 62 for the people of the region;

(3)  giving assistance or seeing to it that assistance is given to persons who require assistance for the formulation of a complaint or for any further step related to the complaint; informing users of the possibility of being assisted and supported by the community organization in the region to which a user assistance and support mandate has been given pursuant to the provisions of section 76.6; and lastly, providing on request any information on the application of the complaint examination procedure of the agency and on the other remedies provided for in this chapter, and informing users of the legal protection afforded pursuant to section 76.2 to any person who cooperates in the examination of a complaint;

(4)  on receiving a complaint, examining it with diligence;

(5)  if questions of a disciplinary nature in relation to a practice or the conduct of a personnel member are raised during the commissioner’s examination, bringing these questions to the attention of the department concerned or the human resources manager within the agency or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint or the object of an intervention, for a more thorough investigation, follow-up action or any other appropriate action; making any appropriate recommendation to that effect in his or her conclusions;

(6)  not later than 45 days after receiving a complaint, communicating his or her conclusions, including reasons, in writing in the case of a written complaint, to the complainant, together with any recommendations made to the board of directors, to the department or service manager concerned within the agency and to the highest authority of the organization, resource or partnership or to the person holding the position of highest authority responsible for the services that are the subject of the complaint, and informing the complainant of the procedure for applying to the Health Services Ombudsman; communicating the same conclusions, including reasons, in writing in the case of a written complaint, to the board of directors, to the department or manager concerned within the agency and to the highest authority concerned;

(7)  taking action on his or her own initiative when apprised of the facts and when there are reasonable grounds to believe that the rights of a person or group of persons are not being enforced; submitting a report to the board of directors and to the department or service manager within the agency or, depending on the case, the highest authority of the organization, resource or partnership or the person holding the position of highest authority that is responsible for the services concerned, recommending any action to improve user satisfaction and foster the enforcement of user rights;

(8)  giving advice on any matter within the purview of the regional service quality and complaints commissioner submitted by the board of directors, any council or committee created under section 407 or 412.1 or any department or service or other council or committee of the agency;

(9)  at least once a year and whenever necessary, drawing up a summary of the activities of the regional service quality and complaints commissioner, together with a statement of any action recommended by the regional commissioner to improve clientele satisfaction and foster the enforcement of the rights of the clientele;

(10)  seeing to it that the board of directors of every institution in the region prepares a report under section 76.10 and submits it to the agency;

(11)  preparing the report referred to in section 76.12, incorporating into the report the annual summary of the activities of the regional service quality and complaints commissioner and all other reports referred to in section 76.10, and presenting the report to the board of directors for approval; and

(12)  (subparagraph repealed).

1991, c. 42, s. 66; 2001, c. 43, s. 41; 2005, c. 32, s. 30.

67. The complaint examination procedure must enable any person referred to in section 60 to address a verbal or written complaint to the regional service quality and complaints commissioner.

The procedure must also allow the heirs or the legal representatives of a deceased person to make a complaint regarding the services the person received or ought to have received.

The complaint examination procedure must in particular

(1)  include the details allowing rapid access to the services of the regional commissioner;

(2)  provide that the regional commissioner must give assistance or see to it that assistance is given to users or persons who require assistance for the formulation of a complaint or for any further step related to the complaint, in particular by the community organization in the region to which a user assistance and support mandate has been given pursuant to section 76.6;

(3)  ensure that the complainant receives a written notice of the date on which the verbal or written complaint is received by the regional commissioner, unless the commissioner’s conclusions were sent to the complainant within 72 hours after the complaint was received;

(4)  provide that, where a complaint is received regarding the services provided by a resource, organization, partnership or person other than the agency, the regional commissioner is to inform the authority concerned in writing of the receipt of the complaint or, if the regional commissioner is of the opinion that no prejudice will be caused to the user, forward a copy of the complaint to the authority; provide that, if the complaint is verbal, the authority concerned is to be informed verbally;

(5)  specify what communications must be made in writing in the case of a written complaint;

(6)  allow the complainant and the highest authority of the organization, resource or partnership or the person holding the position of highest authority who is responsible for the services that may be the subject of a complaint under section 60 to present observations; and

(7)  provide that the regional commissioner, after examining the complaint, is to communicate his or her conclusions, including reasons, to the complainant within the time prescribed in subparagraph 6 of the second paragraph of section 66, together with the procedure for applying to the Health Services Ombudsman.

1991, c. 42, s. 67; 2001, c. 43, s. 41; 2005, c. 32, s. 31.

68. The regional service quality and complaints commissioner may, upon summary examination, dismiss a complaint if, in the commissioner’s opinion, it is frivolous, vexatious or made in bad faith.

The regional service quality and complaints commissioner shall so inform the complainant, in writing in the case of a written complaint.

1991, c. 42, s. 68; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

69. The complainant and any other person, including any person working or practising on behalf of any institution, resource, organization, partnership or person other than the agency, must supply all information and, subject to the second paragraph of section 190 and section 218, all documents required by the regional service quality and complaints commissioner for examining a complaint or intervening, including access to and the communication of the information or documents contained in the user’s record; all such persons must also, unless they have a valid excuse, attend any meeting called by the regional service quality commissioner.

1991, c. 42, s. 69; 1998, c. 39, s. 28; 2001, c. 43, s. 41; 2005, c. 32, s. 32.

69.1. (Replaced).

1998, c. 39, s. 29; 2001, c. 43, s. 41.

70. If, pursuant to subparagraph 5 of the second paragraph of section 66, the regional service quality and complaints commissioner brings a practice or the conduct of a personnel member that raises questions of a disciplinary nature to the attention of the department concerned or the human resources manager within the agency or the highest authority of the resource, organization or partnership or the person holding the position of highest authority responsible for the services that are the subject of a complaint under section 60, the department, manager, authority or person must investigate and follow up the case diligently and report periodically to the regional commissioner on the progress of the investigation.

The regional service quality and complaints commissioner must be informed of the outcome of the case and of any disciplinary measure taken against the personnel member concerned. The regional commissioner must in turn inform the complainant.

1991, c. 42, s. 70; 1998, c. 39, s. 30; 2001, c. 43, s. 41; 2005, c. 32, s. 227; 2005, c. 32, s. 224.

71. (Repealed).

1991, c. 42, s. 71; 2001, c. 43, s. 41; 2005, c. 32, s. 33.

CHAPTER IV

Heading replaced, 2001, c. 43, s. 41.

2001, c. 43, s. 41.

72. If the regional service quality and complaints commissioner fails to communicate his or her conclusions to the complainant within 45 days after receiving a complaint, the commissioner is deemed to have communicated negative conclusions to the complainant on the date of expiry of the time limit.

Such failure gives rise to the right to apply to the Health Services Ombudsman.

1991, c. 42, s. 72; 1998, c. 39, s. 31; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

DIVISION IV OTHER PROVISIONS

2001, c. 43, s. 41.

73. No person shall take reprisals or attempt to take reprisals in any manner whatever against any person who makes or intends to make a complaint under section 34, 44, 45, 53 or 60.

The person responsible for examining the complaint must intervene without delay upon being apprised of reprisals or of an attempt to take reprisals.

1991, c. 42, s. 73; 1998, c. 39, s. 32; 2001, c. 43, s. 41.

74. No civil action may be instituted by reason or in consequence of a complaint made in good faith under this chapter, whatever the conclusions issued following its examination.

Nothing in this provision shall operate to restrict the right of any person or the person’s successors to exercise a remedy based on the same facts as those on which a complaint is based.

1991, c. 42, s. 74; 1998, c. 39, s. 33; 2001, c. 43, s. 41.

75. No legal proceedings may be brought against the following persons or entities for an act or omission made in good faith in the exercise of their functions:

(1)  a local service quality and complaints commissioner, an assistant local commissioner, a consultant or an outside expert referred to in section 32, a medical examiner, a consultant or an outside expert referred to in section 47, a review committee established under section 51 or a member of such a committee, a council of physicians, dentists and pharmacists or a member of such a council, an outside expert referred to in section 214 or the board of directors of an institution or a member of such a board;

(2)  a regional service quality and complaints commissioner, a person acting under the authority of a regional service quality and complaints commissioner or a consultant or outside expert referred to in section 65.

1991, c. 42, s. 75; 1998, c. 39, s. 34; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

76. Except on a question of jurisdiction, no extraordinary recourse under articles 834 to 846 of the Code of Civil Procedure (chapter C-25) may be exercised and no injunction may be granted against any of the persons referred to in section 75 acting in their official capacity.

1991, c. 42, s. 76; 1998, c. 39, s. 35; 2001, c. 43, s. 41.

76.1. A judge of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued or granted contrary to section 75 or 76.

2001, c. 43, s. 41.

76.2. Answers given or statements made during the examination of a complaint or during an intervention, including any information or document supplied in good faith by the person in response to a request of a local service quality and complaints commissioner or a regional service quality and complaints commissioner, an assistant local commissioner, a consultant or an outside expert referred to in section 32 or 65, a person acting under the authority of a regional service quality and complaints commissioner, a medical examiner, a consultant or an outside expert referred to in section 47, a review committee established under section 51 or a member of such a committee may not be used or be admitted as evidence against the person in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions.

2001, c. 43, s. 41; 2005, c. 32, s. 34.

76.3. Before beginning to exercise their functions under this Title or in accordance with the procedure determined by a regulation under paragraph 2 of section 506, a local service quality and complaints commissioner or a regional service quality and complaints commissioner, an assistant local commissioner, a consultant or an outside expert referred to in section 32 or 65, a person acting under the authority of a regional service quality and complaints commissioner, a medical examiner, a consultant or an outside expert referred to in section 47, a member of a review committee established under section 51, a member of a committee of a council of physicians, dentists and pharmacists, an outside expert referred to in section 214 and a member of the board of directors of an institution must take the oath provided in Schedule I.

2001, c. 43, s. 41; 2005, c. 32, s. 224.

76.4. Notwithstanding any inconsistent legislative provision, a local service quality and complaints commissioner or a regional service quality and complaints commissioner, an assistant local commissioner, a consultant or an outside expert referred to in section 32 or 65, a person acting under the authority of a regional service quality and complaints commissioner, a medical examiner, a consultant or an outside expert referred to in section 47, a review committee established under section 51 or a member of such a committee may not be compelled to make a deposition in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions concerning any confidential information obtained in the exercise of their functions, or to produce a document containing such information, except to confirm its confidential nature.

2001, c. 43, s. 41; 2005, c. 32, s. 224.

76.5. Nothing contained in a user’s complaint record or in an intervention record, including the conclusions with reasons and any related recommendations, may be construed as a declaration, recognition or extrajudicial admission of professional, administrative or other misconduct capable of establishing the civil liability of a party in a judicial proceeding.

2001, c. 43, s. 41; 2005, c. 32, s. 35.

DIVISION V ASSISTANCE BY COMMUNITY ORGANIZATION

2001, c. 43, s. 41.

76.6. The Minister, after consulting with the agency, shall give a community organization in the region the mandate to assist and support, on request, users residing in the region who wish to address a complaint to an institution in the region, to the agency or to the Health Services Ombudsman or whose complaint was referred to the council of physicians, dentists and pharmacists of the institution and is governed by section 58.

Where a complaint is made by a user regarding the services of an institution or agency of another region than the region in which the user resides, the community organization in the region of the user’s residence shall provide any assistance and support requested, unless the user requests assistance and support from the community organization in the region of the institution or agency concerned.

In all cases, the community organizations involved must collaborate in providing any assistance and support requested by a user.

2001, c. 43, s. 41; 2005, c. 32, s. 36.

76.7. Every community organization to which a mandate under section 76.6 is given shall, on request, assist a user in any step undertaken to file a complaint with an institution or agency or with the Health Services Ombudsman, and provide support to the user throughout the proceeding, including when the complaint is referred to the council of physicians, dentists and pharmacists of an institution. The community organization shall provide information on the complaints process, help the user define the subject of the complaint, draft the complaint where necessary and provide assistance and support on request to the user at each stage of the proceeding, facilitate conciliation between the user and any authority concerned and contribute, through the support so afforded, to the user’s satisfaction and the enforcement of the user’s rights.

2001, c. 43, s. 41; 2005, c. 32, s. 37.

DIVISION VI USER’S COMPLAINT RECORD

2001, c. 43, s. 41.

76.8. The contents of a user’s complaint record shall be determined by a regulation under subparagraph 23 of the first paragraph of section 505.

Notwithstanding any contrary provision of this Act, no document contained in a user’s complaint record may be filed in the record of a personnel member or a member of the council of physicians, dentists and pharmacists.

However, the conclusions, including reasons, and any recommendations made by a medical examiner under section 47, or the opinion prepared by a review committee under section 52, must be placed in the file of the professional concerned by the complaint.

2001, c. 43, s. 41; 2005, c. 32, s. 38.

76.9. The provisions of sections 17 to 28 apply, with the necessary modifications, to all complaint records kept by the institution or agency in the exercise of their respective functions under Divisions I, II and III.

2001, c. 43, s. 41; 2005, c. 32, s. 39.

DIVISION VII REPORTS

2001, c. 43, s. 41.

76.10. Once a year and whenever so required by the agency, the board of directors of an institution must report to the agency on the application of the complaint examination procedure, on user satisfaction and on the enforcement of user rights.

2001, c. 43, s. 41; 2005, c. 32, s. 40.

76.11. The report shall incorporate the activities summary of the local service quality and complaints commissioner referred to in subparagraph 9 of the second paragraph of section 33, the medical examiner’s report referred to in section 50 and the review committee’s report referred to in section 57.

The report shall describe the reasons for the complaints received and shall indicate in respect of each type of complaint

(1)  the number of complaints received, dismissed upon summary examination, examined, refused or abandoned since the last report ;

(2)  the time taken for the examination of complaints ;

(3)  the actions taken following the examination of complaints ; and

(4)  the number of complaints that gave rise to an application to the Health Services Ombudsman and the reasons for those complaints.

The report must also give an account of any action recommended by the local service quality and complaints commissioner and indicate any action taken to improve user satisfaction and foster the enforcement of user rights.

The board of directors shall also include in the report, where required, any mandatory objectives relating to the enforcement of user rights and the diligent handling of user complaints.

2001, c. 43, s. 41; 2005, c. 32, s. 41.

76.12. Once a year, the board of directors of an agency must transmit a report summarizing all the reports received from the boards of directors of institutions.

The report shall describe the types of complaints received, including any complaints concerning physicians, dentists or pharmacists, and shall indicate in respect of each type of complaint

(1)  the number of complaints received, dismissed upon summary examination, examined, refused or abandoned since the last report;

(2)  the actions taken following the examination of complaints;

(3)  the names of the institutions concerned; and

(4)  the time taken for the examination of complaints.

The report shall also incorporate the activities summary of the regional service quality and complaints commissioner referred to in subparagraph 9 of the second paragraph of section 66, describe the reasons for the complaints received by the agency itself and indicate in respect of each type of complaint

(1)  the number of complaints received, dismissed upon summary examination, examined, refused or abandoned since the last report;

(2)  the time taken for the examination of complaints;

(3)  the actions taken following the examination of complaints; and

(4)  the number of complaints that gave rise to an application to the Health Services Ombudsman and the reasons for those complaints.

The report must also give an account of the most significant actions recommended by local service quality and complaints commissioners and by the regional service quality and complaints commissioner and of the most significant actions taken by the institutions and by the agency to improve clientele satisfaction and foster the enforcement of user rights.

The board of directors shall also include in the report, where required, any mandatory objectives relating to the enforcement of the rights of persons who apply to the regional service quality and complaints commissioner under Division III and the diligent handling of their complaints.

A copy of the report must be sent at the same time to the Health Services Ombudsman.

2001, c. 43, s. 41; 2005, c. 32, s. 42.

76.13. Whenever so required by the Minister, the board of directors of an institution or agency must report to the Minister on any item of information referred to in section 76.11 or 76.12 recorded since the last report and on any matter relating to the application of the complaint examination procedure, including the provisions applicable to any user complaint concerning a physician, dentist or pharmacist.

A copy of the report must be sent at the same time to the Health Services Ombudsman.

2001, c. 43, s. 41; 2005, c. 32, s. 43.

76.14. The Minister shall table the reports of the agencies referred to in section 76.12 in the National Assembly within 30 days of receiving them or, if the Assembly is not in session, within 30 days of resumption.

2001, c. 43, s. 41; 2005, c. 32, s. 44.

CHAPTER V POWERS OF SUPERVISION AND SUBROGATION

77. Nothing in this Act may be construed as limiting the powers of the revisory committees established by section 41 of the Health Insurance Act (chapter A-29) or of the professional orders governed by the Professional Code (chapter C-26).

The representatives of the professional orders governed by the Professional Code shall have access to any facility maintained by an institution for the performance of the functions which the professional orders must fulfil to ensure protection of the public.

1991, c. 42, s. 77; 1992, c. 21, s. 6; 1994, c. 40, s. 457.

78. The Gouvernement du Québec is subrogated by operation of law to any user with respect to any right of recovery against a third person up to the cost of the services it has assumed following injury caused through the fault of that third person.

In case of contributory negligence the amount of such subrogation shall be subject to reduction in the same proportion as the user’s remedy.

The Minister has the power to transact on any claim arising from this section and he may delegate that power.

The insurer of the liability of a third person shall not discharge his obligation to indemnify the latter for his liability under this section otherwise than by payment.

An undertaking by a person to discharge a third person’s or an insurer’s liability under this section or to compensate him for it is shall be deemed unwritten in any agreement, transaction or release.

The rights acquired by the effect of the subrogation provided for in this section are part of the domain of the State from the time they arose and are subject to the rules applicable to rights included therein; however, the resulting right of action is prescribed by three years.

1991, c. 42, s. 78; 1999, c. 40, s. 269.

78.1. The Government may claim from the operator of a specialized medical centre described in section 333.3 the cost of a preoperative, postoperative, rehabilitation or home care support service that must, under section 333.6, be received in the centre or from a private resource, if the service is provided by a public institution or a private institution under agreement prior to or following surgery or specialized medical treatment provided in that specialized medical centre.

At the Minister’s request and after informing the user, an institution must communicate to the Minister any information contained in a user’s record that is necessary for the purposes of proceedings under the first paragraph.

2006, c. 43, s. 2.

PART II PROVISION OF HEALTH SERVICES AND SOCIAL SERVICES

TITLE I INSTITUTIONS

CHAPTER I GENERAL PROVISIONS

79. Health services and social services shall be provided by the institutions in the following centres:

(1)  a local community service centre;

(2)  a hospital centre;

(3)  a child and youth protection centre;

(4)  a residential and long-term care centre;

(5)  a rehabilitation centre.

1991, c. 42, s. 79; 1992, c. 21, s. 70.

80. The mission of a local community service centre is to offer, at the primary level of care, basic health and social services, and to offer health and social services of a preventive or curative nature and rehabilitation or reintegration services to the population of the territory served by it.

To that end, an institution which operates such a centre shall see to it that the persons who require such services for themselves or for their families are contacted, assess their needs, dispense the required services in its facilities, or in the persons’ own environment, in school, at work or at home or, where necessary, refer the persons to the centres, organizations or persons best suited to assist them.

The mission of such a centre is also to carry out public health activities in its territory, in accordance with the provisions of the Public Health Act (chapter S-2.2).

1991, c. 42, s. 80; 1998, c. 39, s. 36; 2001, c. 60, s. 162.

81. The mission of a hospital centre is to offer diagnostic services and general and specialized medical care. To that end, an institution which operates a hospital centre shall admit, mainly on referral, the persons who require such services or care, ensure that their needs are assessed and that the required services, including nursing care and specialized, preventive or rehabilitative psychosocial services, are offered within the facilities or, where necessary, that the persons are referred as soon as possible to the centres, organizations or persons best suited to assist them.

1991, c. 42, s. 81; 1992, c. 21, s. 70.

82. The mission of a child and youth protection centre is to offer in the region such psychosocial services, including social emergency services, as are required by the situation of a young person pursuant to the Youth Protection Act (chapter P-34.1) and the Act respecting young offenders (Revised Statutes of Canada, 1985, chapter Y-1), and services for child placement, family mediation, expertise at the Superior Court on child custody, adoption and biological history.

To that end, every institution which operates such a centre shall ensure that the needs of the persons who require such services are assessed and that the services which these persons or their families require are offered to them either directly or through the centres, organizations or persons best suited to assist them.

1991, c. 42, s. 82.

83. The mission of a residential and long-term care centre is to offer, on a temporary or permanent basis, an alternative environment, lodging, assistance, support and supervision services as well as rehabilitation, psychosocial and nursing care and pharmaceutical and medical services to adults who, by reason of loss of functional or psychosocial autonomy can no longer live in their natural environment, despite the support of their families and friends.

To that end, every institution which operates such a centre shall receive, on referral, the persons who require such services, ensure that their needs are periodically assessed and that the required services are offered within its facilities.

The mission of such a centre may include the operation of a day centre or day hospital.

1991, c. 42, s. 83.

84. The mission of a rehabilitation centre is to offer adjustment, rehabilitation and social integration services to persons who, by reason of physical or mental impairment, behavioral disorders, psychosocial or family difficulties, alcoholism or other problems of addiction, require such services, as well as persons to accompany them, or support services for their families and friends.

To that end, every institution which operates such a centre shall receive, on referral, young persons with adjustment problems and persons suffering from and, mainly on referral, persons suffering from alcoholism or other problems of addiction and mothers with adjustment problems; it shall ensure that their needs are assessed and the required services offered to them within its facilities or within the person’s own environment, in school, at work or at home or, where necessary, that they are referred, as soon as possible, to the centres, organizations or persons best suited to assist them.

1991, c. 42, s. 84.

85. Hospital centres belong to one or another of the following classes:

(1)  general and specialized hospital centres;

(2)  psychiatric hospital centres.

1991, c. 42, s. 85; 1992, c. 21, s. 70.

86. Rehabilitation centres belong to one or more of the following classes, depending on the clientele they serve:

(1)  rehabilitation centres for mentally impaired persons or persons with a pervasive developmental disorder;

(2)  rehabilitation centres for physically impaired persons;

(3)  rehabilitation centres for persons suffering from alcoholism or other problems of addiction;

(4)  rehabilitation centres for young persons with adjustment problems;

(5)  rehabilitation centres for mothers with adjustment problems.

1991, c. 42, s. 86; 2005, c. 32, s. 45.

87. Rehabilitation centres for physically impaired persons belong to one or more of the following types of centres, depending on the clientele they serve:

(1)  rehabilitation centres for persons with hearing impairment;

(2)  rehabilitation centres for persons with visual impairment;

(3)  rehabilitation centres for persons with motricity impairment.

1991, c. 42, s. 87.

88. The Minister may, after consulting the Minister of Education, Recreation and Sports and the Minister of Economic Development, Innovation and Export Trade, designate as a university hospital centre a hospital centre operated by an institution which, in addition to carrying on the activities inherent in its mission, offers specialized or highly specialized services in several medical disciplines, evaluates health technologies, participates in medical education in several specialties under the terms of a contract of affiliation entered into under section 110, and manages a research centre or research institute recognized by the Fonds de la recherche en santé du Québec established by the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M‐30.01).

1991, c. 42, s. 88; 1992, c. 21, s. 70; 1993, c. 51, s. 51; 1994, c. 16, s. 50; 1999, c. 8, s. 31; 2003, c. 29, s. 140, s. 170; 2005, c. 28, s. 195; 2006, c. 8, s. 31.

89. The Minister, after consulting the Minister of Education, Recreation and Sports and the Minister of Economic Development, Innovation and Export Trade, may, for any one medical discipline, designate as a university institute any centre operated by an institution which, in addition to carrying on the activities inherent in the mission of such a centre, participates in medical education, mainly in that medical discipline, under the terms of a contract of affiliation entered into under section 110, offers highly specialized or specialized medical services or services relating to family medicine, evaluates health technologies, and manages a research centre or research institute recognized by the Fonds de la recherche en santé du Québec.

1991, c. 42, s. 89; 1992, c. 21, s. 7; 1993, c. 51, s. 52; 1994, c. 16, s. 50; 1999, c. 8, s. 32; 2003, c. 29, s. 137; 2005, c. 28, s. 195; 2006, c. 8, s. 31.

90. The Minister may, after consulting the Minister of Education, Recreation and Sports and the Minister of Economic Development, Innovation and Export Trade, designate as a university institute any centre operated by an institution which, in addition to carrying on the activities inherent in the mission of such a centre, meets the following conditions:

(1)  it provides advanced services in a multidisciplinary field of intervention related to health and social services or to the social sector;

(2)  it contributes to the training, as the case may be, of health and social services professionals or human and social sciences professionals according to the terms of a contract of affiliation entered into under section 110;

(3)  it disposes of a research structure recognized, as the case may be, jointly by the Fonds de la recherche en santé du Québec and an organization engaged in the development of social research, or exclusively by the latter organization;

(4)  it evaluates technologies or methods of intervention related to its advanced sector.

1991, c. 42, s. 90; 1993, c. 51, s. 53; 1994, c. 16, s. 50; 1999, c. 8, s. 32; 2001, c. 24, s. 3; 2003, c. 29, s. 137; 2005, c. 28, s. 195; 2006, c. 8, s. 31.

91. The Minister may, after consulting the Minister of Education, Recreation and Sports and the Minister of Economic Development, Innovation and Export Trade, designate as an affiliated university centre any centre, other than a centre designated as university hospital centre or university institute, operated by an institution which, in addition to carrying on the activities inherent in the mission of such a centre, participates in the training of professionals in the field of health or social services or in research activities under the terms of a contract entered into under subparagraph 1 of the first paragraph of section 110.

In the case of a hospital centre, the Minister may establish criteria allowing that centre to be designated as a regional or supraregional affiliated university centre.

1991, c. 42, s. 91; 1992, c. 21, s. 70; 1993, c. 51, s. 54; 1994, c. 16, s. 50; 1999, c. 8, s. 32; 2003, c. 29, s. 137; 2005, c. 28, s. 195; 2006, c. 8, s. 31; 2006, c. 43, s. 3.

92. (Repealed).

1991, c. 42, s. 92; 2001, c. 24, s. 4; 2005, c. 32, s. 46.

93. The agency may allow an institution to engage, as complement and in addition to the activities inherent in the mission of any centre operated by it, in certain activities inherent in the mission of any other centre.

The regional board may, in the same manner, entrust an institution operating any centre with the responsibility of serving all or part of the population of the region.

It may, lastly, entrust the institution which operates a child and youth protection centre in the region with the responsibility of offering, notwithstanding section 82, all or some of its services in a region where there is no institution operating such a centre.

1991, c. 42, s. 93; 1992, c. 21, s. 8; 2005, c. 32, s. 47.

94. Any person or partnership carrying on activities inherent in the mission of one or more of the centres mentioned in section 79 is an institution.

1991, c. 42, s. 94.

95. A person or a partnership operating a private health facility or a specialized medical centre described in section 333.1 is not an institution.

A private health consulting room or office is a consulting room or office, situated elsewhere than in a consulting room or office maintained by an institution, in which one or more physicians, dentists or other professionals, individually or as a group, regularly practise their professions, privately and solely on their own account, without directly or indirectly providing their patients with lodging.

1991, c. 42, s. 95; 2006, c. 43, s. 4.

96. A religious or teaching institution which operates an infirmary to receive members of its personnel or its students or a religious institution which maintains residential and long-term care facilities to receive its members or followers, provided that the number of followers does not exceed 20, is not an institution within the meaning of this Act.

1991, c. 42, s. 96.

97. Institutions are either public or private.

1991, c. 42, s. 97.

98. The following are public institutions:

(1)  an institution constituted as a non-profit legal person before 1 June 1972, irrespective of the Act under which its constituting instrument was granted;

(2)  an institution constituted as a non-profit legal person after 1 June 1972 and continued in accordance with sections 540 to 544;

(3)  an institution constituted as a legal person under this Act;

(4)  an institution resulting from an amalgamation or conversion under this Act.

1991, c. 42, s. 98; 1996, c. 36, s. 51; 1999, c. 40, s. 269.

99. The following are private institutions:

(1)  an unincorporated institution;

(2)  an institution constituted as a profit-making legal person;

(3)  an institution constituted as a non-profit legal person engaging in activities inherent in the mission of a centre referred to in paragraph 2, 4 or 5 of section 79, provided the facilities maintained by the institution do not provide lodging to more than 20 users.

1991, c. 42, s. 99; 1996, c. 36, s. 51.

99.1. A public institution described in paragraph 1 of section 98 shall remain public even if the facilities it maintains no longer allow more than 20 persons to be lodged or if, by reason of the reorganization of the services it dispenses, it ceases to lodge more than 20 persons.

1992, c. 21, s. 9.

CHAPTER I.1 LOCAL HEALTH AND SOCIAL SERVICES NETWORK AND LOCAL AUTHORITY

2005, c. 32, s. 48.

99.2. For the purposes of this Act, “local health and social services network” means a network set up in accordance with an order of the Government made under the Act respecting local health and social services network development agencies (chapter A-8.1) and a new network set up in accordance with an order made under section 347.

2005, c. 32, s. 48.

99.3. The purpose of establishing a local health and social services network is to foster a greater sense of responsibility among all the health and social service providers in the network to ensure that the people in the network’s territory have continuous access to a broad range of general, specialized and superspecialized health services and social services.

2005, c. 32, s. 48.

99.4. The services offered by the health and social service providers in a local health and social services network are coordinated by a local authority, which is a multivocational institution operating a local community service centre, a residential and long-term care centre and, where applicable, a general and specialized hospital centre.

Only a local authority within the meaning of the first paragraph may use the words “health and social services centre” in its name.

2005, c. 32, s. 48.

99.5. The local authority is responsible for defining a clinical and organizational project in which the following elements are identified for the territory of the local health and social services network:

(1)  the social and health needs and the distinctive characteristics of the population based on an understanding of the state of health and well-being of that population;

(2)  the objectives to be pursued to improve the health and well-being of the population;

(3)  the supply of services required given the needs and the particular characteristics of the population; and

(4)  the organizational structures and the contributions expected of the different partners in the network.

The clinical and organizational project must be consistent with ministerial and regional orientations and recognized standards of accessibility, integration, quality, effectiveness and efficiency, and take into account the resources available.

For the purpose of defining its clinical and organizational project, a local authority must mobilize and ensure the participation, in the territory of its local network, of the institutions offering specialized and superspecialized services, of the various groups of professionals, of the community organizations, of the social economy enterprises, of the private resources and of the key players in the other sectors of activity that have an impact on health services and social services

2005, c. 32, s. 48.

99.6. With a view to improving the health and well-being of the people in its territory, a local authority must offer

(1)  general services, including prevention, assessment, diagnostic, treatment, rehabilitation, support and lodging services; and

(2)  certain specialized and superspecialized services, when available.

2005, c. 32, s. 48.

99.7. In order to coordinate the services required in the territory of the local health and social services network, the local authority must

(1)  define and establish mechanisms for the reception, referral and follow-up of users of health and social services;

(2)  introduce mechanisms or enter into agreements with different partners or producers of services, including institutions offering specialized and superspecialized services, physicians in the territory, community organizations, social economy enterprises and private resources;

(3)  take in charge, accompany and support persons, especially those with particular and more complex needs, in order to provide, within the local health and social services network, the continuity of service required by their state of health; and,

(4)  together with the agency, the regional department of general medicine and the regional panel of heads of departments of specialized medicine, create conditions that foster accessibility, continuity and networking of general medical services, focusing in particular on accessibility

(a)  to technical/diagnostic facilities for all physicians;

(b)  to clinical information, including the results of diagnostic tests such as laboratory tests and medical imaging, drug profiles and record summaries; and

(c)  to specialists by family physicians, when appropriate, with a view to the hierarchization of services.

2005, c. 32, s. 48.

99.8. A local authority must use different methods of informing and consulting the public in order to involve people in the organization of services and ascertain their level of satisfaction with the results obtained.

2005, c. 32, s. 48.

CHAPTER II FUNCTIONS

100. The function of institutions is to ensure the provision of safe, continuous and accessible quality health or social services which respect the rights and spiritual needs of individuals and which aim at reducing or solving health and welfare problems and responding to the needs of the various population groups. To that end, institutions must manage their human, material, information, technological and financial resources effectively and efficiently and cooperate with other key players, including community organizations, to act on health and social determinants and improve the supply of services to the public. In addition, a local authority must elicit and facilitate such cooperation.

1991, c. 42, s. 100; 2002, c. 71, s. 5; 2005, c. 32, s. 49.

101. Every institution must, in particular,

(1)  receive any person requiring services and assess his needs;

(2)  dispense the required health or social services directly, or have them provided by an institution, body or person with which or with whom it has entered into a service agreement under section 108;

(3)  ensure that its services are provided in continuity and complementarity with those provided by the other institutions and resources of the region, and that such services are organized in a way that reflects the needs of the population it serves;

(4)  refer persons to whom it cannot provide certain services to another institution or body or to another person that provides them.

1991, c. 42, s. 101.

102. Each institution must develop for users of a class determined by regulation under subparagraph 27 of the first paragraph of section 505, to the extent prescribed therein, an intervention plan in order to identify the needs of the user, the objectives pursued, the means to be used and the estimated period during which services are to be provided. The intervention plan must ensure coordination of the services provided to the user by the various resources of the institution that are involved.

1991, c. 42, s. 102.

103. Where a user of a class determined by regulation under subparagraph 27 of the first paragraph of section 505 is to receive over an extended period health and social services which require, in addition to the participation of an institution, that of other resources, the institution which provides the greater part of the services involved or the resource designated jointly by the resources concerned must, as soon as possible, develop an individualized service plan for the user.

1991, c. 42, s. 103.

Not in force

103.1. (Not in force).

2005, c. 32, s. 50.

104. Each of the plans referred to in sections 102 and 103, respectively, must be developed with the participation of the user as provided in section 10.

Each plan must contain a timetable for assessment and review. A plan may, however, be modified at any time to take account of new circumstances.

1991, c. 42, s. 104.

105. Each institution shall determine the health services and the social services it will provide and the various activities it will organize, within the scope of the mission of any centre it operates and the resources at its disposal.

The institution shall also determine parameters for the health services and the social services it will provide and subject such parameters to the approval of the agency.

1991, c. 42, s. 105; 1998, c. 39, s. 37; 2005, c. 32, s. 51.

105.1. Every institution, other than a local authority, must make a significant contribution to defining the clinical and organizational project initiated by a local authority, and must clearly indicate to the agency concerned the services it will provide at the local, regional or supraregional level.

Within the time limits set by the agency, such an institution must also enter into the necessary agreements with the local authority to allow that authority to coordinate the services required in the territory of the local health and social services network.

If the agreements are not entered into within the time limits set by the agency, the agency determines the contribution expected of each institution.

2005, c. 32, s. 52.

106. An institution may adopt such by-laws as are necessary for the conduct of its affairs and the discharge of its duties. It must, however, adopt by-laws on any matter determined by regulation under subparagraph 6 of the first paragraph of section 505 coming under the authority of the institution.

A copy of the by-laws adopted by an institution shall be transmitted to the agency or to the Minister on request.

1991, c. 42, s. 106; 2005, c. 32, s. 227.

107. Every institution must, at the request of the Minister or the agency, take part in the assessment of the overall performance of the health and social services system.

An institution may use the name, address and telephone number contained in a user’s record to carry out surveys to ascertain user expectations and satisfaction with respect to the quality of the services offered by the institution.

A local authority may do the same to ascertain the level of user satisfaction with the organization of services and the results obtained.

A user may at any time request the institution or local authority to no longer use the information concerning the user for such a purpose.

For the purposes of this section, an institution must respect the rules of ethics adopted in accordance with the second paragraph of section 233.

1991, c. 42, s. 107; 2005, c. 32, s. 53.

107.1. Every institution must have the health services and social services it provides accredited by a recognized accreditation body every three years.

To that end, an institution may communicate to a recognized accreditation body the same information as it may use under section 107 for carrying out surveys, to the extent that the information is required for verifying the satisfaction of the institution’s clientele with the services obtained. Sections 27.1 and 27.2 apply, with the necessary modifications, when information is communicated to such a body. In addition, the body must agree to respect the rules governing the use of such information set out in the code of ethics adopted under section 233.

On receiving a response concerning the accreditation, the institution shall send to the Minister, the agency and the various professional orders concerned that have members practising in a centre operated by the institution, a condensed report containing the recommendations relating to accreditation and specifying the date of expiry of the accreditation.

2002, c. 71, s. 6; 2005, c. 32, s. 54.

108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:

(1)  the provision on behalf of the institution of certain health services or social services required by a user of the institution;

(2)  the provision or exchange of professional health or social services.

However, prior authorization from the Minister is required to enter into an agreement with the operator of a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3 or with a non-participating professional within the meaning of the Health Insurance Act (chapter A-29), or if the service covered by the agreement is an insured service that is considered non-insured under that Act.

Despite the first paragraph, an institution operating a hospital centre may not significantly modify the organization of the specialized medical services it provides in its facilities by entrusting them to a third party unless it enters into an agreement under section 349.3.

An institution may also enter into an agreement with another institution concerning the acquisition and the automated preparation and distribution of drugs.

For the purposes of an agreement referred to in subparagraph 1 of the first paragraph or in the second paragraph, an institution may communicate information contained in a user’s record only if that communication is necessary either to ensure the provision by that other institution, that body or that other person of certain health services or social services to the user concerned or to ensure the centralized preparation of certain drugs. Sections 27.1 and 27.2 apply with the necessary modifications when information is communicated for those purposes to another institution, a body or another person.

In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.

In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the agency.

An agreement under this section must be transmitted to the agency.

1991, c. 42, s. 108; 1998, c. 39, s. 38; 2001, c. 43, s. 42; 2005, c. 32, s. 55; 2006, c. 43, s. 5.

108.1. In order to offer telehealth services to another institution, a body or another person, or to obtain such services from another institution, a body or another person, an institution must enter into an agreement to that effect with that other institution, that body or that other person. The agreement must set out

(1)  the precise nature of the services;

(2)  a description of the responsibilities of each party;

(3)  the conditions on which information may be exchanged for the purpose of assessing the telehealth act and processing complaints; and

(4)  the measures to be taken to ensure the confidentiality and security of the information communicated.

The second, sixth, seventh and eighth paragraphs of section 108 apply to such an agreement.

“Telehealth services” means a health or social services-related activity, service or system that is practised, provided or delivered in Québec from a distance for educational, diagnostic or treatment purposes or for purposes of research, clinical management or training, using information and communications technologies. However, telehealth services do not include consultations by telephone.

2005, c. 32, s. 56; 2006, c. 43, s. 6.

108.2. The health or social services provided by an institution in the form of telehealth services are considered provided at the place where the health or social services professional who was consulted practises.

Every institution and every health or social services professional involved in providing telehealth services must keep a record for each user or person to whom such services are provided, in accordance with the standards determined by regulation of the Government under subparagraph 24 of the first paragraph of section 505 in the case of an institution, and, in the case of a professional who practises elsewhere than in a facility maintained by an institution, in accordance with the standards governing record-keeping adopted by regulation or by-law of the board of directors of the order to which the professional belongs.

In this section, “health or social services professional” means a professional who provides health services or social services in Québec and who is a member of a professional order listed in Schedule I to the Professional Code (chapter C-26). A person training for a profession who is authorized to engage in professional activities reserved for members of such an order is considered a health or social services professional.

2005, c. 32, s. 56; 2008, c. 11, s. 212.

108.3. An institution may enter into an agreement with a community organization that has received a financial allowance under the second paragraph of section 454, to ensure that all or some of the health services or social services required by the organization’s clientele are provided.

2005, c. 32, s. 56.

109. No physician or dentist is bound by an agreement referred to in section 108, 108.1 or 108.3 unless he has examined it and it is valid at the time he makes an application for appointment or renewal of appointment under section 237.

In addition, such an agreement must be consistent with an agreement made under section 19 of the Health Insurance Act (chapter A-29).

Within 30 days from the date of coming into force of the agreement, the institution shall send a copy of it to the representative organization concerned.

This section and sections 108, 108.1 and 108.3 do not apply to a physician or a dentist who, on 1 September 1993, practises in a centre operated by an institution for which no council of physicians, dentists and pharmacists has been established.

1991, c. 42, s. 109; 1998, c. 39, s. 39; 2005, c. 32, s. 57.

110. After consulting the agency and obtaining the authorization of the Minister, an institution may enter into a contract of affiliation with a university for the purpose of offering teaching or research services, or amend or terminate such a contract.

An institution may also enter into a service contract or agreement for the purpose of participating in university training or research programs. Such a contract or agreement must be submitted to the agency and the Minister.

An institution may enter into a contract of association with any other educational institution recognized by the Minister of Education, Recreation and Sports for the purpose of securing facilities to which students in the field of health and social services may go for probationary periods or professional training. The contract must be transmitted to the agency.

The terms and conditions of the contracts and agreements referred to in this section must be consistent with the principles and general rules established by the Minister in cooperation with the Minister of Education, Recreation and Sports.

1991, c. 42, s. 110; 1993, c. 51, s. 55; 1994, c. 16, s. 50; 1998, c. 39, s. 40; 2005, c. 28, s. 195; 2005, c. 32, s. 58.

111. An institution may, on the conditions determined for that purpose by the Minister and according to law, enter into an agreement with a government other than that of Québec, or with any of its departments, any international organization or any agency of such a government or organization for the carrying out of its functions.

1991, c. 42, s. 111; 1994, c. 23, s. 1.

112. With a view to furthering the integration of services, the Minister may, after consultation with the agency,

(1)  determine the supra-regional vocation of an institution with regard to certain highly specialized services it offers;

(2)  limit to certain institutions the function of offering certain services or dispensing certain medicines he determines.

1991, c. 42, s. 112; 1995, c. 28, s. 1; 2005, c. 32, s. 227.

113. No institution may offer new services which would require professional resources or highly specialized equipment determined by the Minister, or acquire highly specialized equipment determined by the Minister, before obtaining his authorization in writing. The Minister shall consult the agency before granting his authorization.

1991, c. 42, s. 113; 2005, c. 32, s. 227.

114. A public institution may

(1)  operate a day care centre in accordance with the Educational Childcare Act (chapter S‐4.1.1) or a stop over centre under section 153 of that Act;

(2)  if it has been designated by the Minister of Families, Seniors and the Status of Women under section 121 of that Act to be the Minister’s regional representative, act in that capacity and exercise the related functions;

(3)  exercise any power that Minister authorizes it to exercise under that Act;

(4)  make an agreement with that Minister under section 10 of the Act respecting the Ministère de la Famille, des Aînés et de la Condition féminine (chapter M‐17.2).

1991, c. 42, s. 114; 1996, c. 16, s. 67; 1997, c. 58, s. 135; 2005, c. 47, s. 144; 2006, c. 25, s. 15.

115. An institution, within the scope of its objects and powers, may organize activities complementary to the health services or social services it provides.

It may hire staff and enter into agreements for that purpose. The cost of all complementary activities must, however, be recovered from the clientele or otherwise be financed by means of voluntary contributions paid for that purpose by third persons. The cost shall include the annual capital expenditures, in capital and interest, and, except for the activities determined by the Minister, that part of the general expenses which is borne by the operating budget of the institution.

1991, c. 42, s. 115.

116. No institution may furnish medicines other than those appearing on the list drawn up by the Minister for that purpose. The list shall include only medicines in respect of which a notice of compliance has been issued by the federal government for approved indications. It shall be updated periodically after consultation with the Conseil du médicament established under section 53 of the Act respecting prescription drug insurance (chapter A-29.01). The Régie de l’assurance maladie du Québec must publish the list and each of its updatings. The list and updatings come into force on the date they are published on the Board’s website or on any later date specified in the accompanying notice from the Minister. The publication imparts authentic value to the list or updating and the notice from the Minister.

Any corrections made by the Régie de l’assurance maladie du Québec under section 60.2 of the Act respecting prescription drug insurance (chapter A-29.01) apply, under the same conditions and in the same manner, to the list drawn up in accordance with the first paragraph.

An institution in which a council of physicians, dentists and pharmacists is established may, in addition, furnish, for purposes of specific medical requirements, medicines other than those appearing on the list referred to in the first paragraph in respect of which a notice of compliance has been issued by the federal government. In such case, the physician or dentist wishing to use or prescribe such medicines must request the opinion of the council of physicians, dentists and pharmacists.

In addition, an institution in which a council of physicians, dentists and pharmacists is established may furnish for exceptional treatment medicines other than those appearing on the list referred to in the first paragraph, even though no notice of compliance has been issued in respect of such medicines by the federal government, or medicines, whether or not they appear on the list, which are used for indications which are recognized but not approved. In such case, the physician or dentist wishing to use or prescribe such medicines must obtain the written authorization of the council of physicians, dentists and pharmacists.

In case of emergency, a physician or a dentist may use or prescribe a medicine referred to in the third or fourth paragraph before obtaining the opinion or written authorization of the council of physicians, dentists and pharmacists. He must, however, obtain, as soon as possible, the opinion or required authorization and justify both the urgency of using or prescribing the medicine and his decision to use or prescribe it.

1991, c. 42, s. 116; 1996, c. 32, s. 109; 1999, c. 89, s. 53; 2002, c. 27, s. 41; 2005, c. 40, s. 42; 2007, c. 21, s. 37.

117. An institution which operates a hospital centre designated as a university hospital centre or university institute or which manages a research centre or research institute recognized by the Fonds de la recherche en santé du Québec or which operates a centre designated as an affiliated university centre and which, under the terms of its contract of affiliation, takes part in clinical and basic research activities may furnish medicines on conditions and in circumstances prescribed by regulation.

1991, c. 42, s. 117; 1992, c. 21, s. 70.

118. In addition to the limits fixed in paragraph 2 of section 112, the Minister may, by regulation, determine, in respect of a medicine, the cases, conditions and circumstances of its use, after consulting the Ordre professionnel des médecins du Québec, the Ordre des pharmaciens du Québec and the Conseil du médicament.

1991, c. 42, s. 118; 1994, c. 40, s. 457; 2002, c. 27, s. 41.

118.1. Force, isolation, mechanical means or chemicals may not be used to place a person under control in an installation maintained by an institution except to prevent the person from inflicting harm upon himself or others. The use of such means must be minimal and resorted to only exceptionally, and must be appropriate having regard to the person’s physical and mental state.

Any measure referred to in the first paragraph applied in respect of a person must be noted in detail in the person’s record. In particular, a description of the means used, the time during which they were used and a description of the behaviour which gave rise to the application or continued application of the measure must be recorded.

Every institution must adopt a procedure for the application of such measures that is consistent with ministerial orientations, make the procedure known to the users of the institution and evaluate the application of such measures annually.

1997, c. 75, s. 49.

CHAPTER III ORGANIZATION OF INSTITUTIONS

DIVISION I BOARDS OF DIRECTORS OF PUBLIC INSTITUTIONS

§ 1 . — Establishment

119. A board of directors is established to administer a local authority or an institution that operates a residential and long-term care centre.

1991, c. 42, s. 119; 1992, c. 21, s. 70; 2005, c. 32, s. 59.

120. A board of directors is established to administer an institution that operates a rehabilitation centre for mentally impaired persons or persons with a pervasive developmental disorder.

1991, c. 42, s. 120; 2005, c. 32, s. 59.

121. A board of directors is established to administer an institution that operates a rehabilitation centre for physically impaired persons.

1991, c. 42, s. 121; 1996, c. 36, s. 1; 2005, c. 32, s. 59.

122. (Replaced).

1991, c. 42, s. 122; 1996, c. 36, s. 1.

123. (Replaced).

1991, c. 42, s. 123; 1996, c. 36, s. 1.

124. A board of directors is established to administer an institution that operates a rehabilitation centre for persons who suffer from alcoholism or other problems of addiction.

1991, c. 42, s. 124; 2005, c. 32, s. 60.

125. A board of directors shall be established to administer all the institutions having their head offices in the territory of an agency and operating the following centres:

(1)  a child and youth protection centre;

(2)  a rehabilitation centre for young persons with adjustment problems or for mothers with adjustment problems.

For the application of this section to the territory of the agency established for the Montréal region, the Minister shall determine otherwise than on the basis of the territory of the agency, on a proposal submitted by the latter, the organization provided for in the first paragraph so as to permit the operation, by at least two institutions, of child and youth protection centres and the provision, by either of them, of services in the English language for English-speaking persons of the region.

1991, c. 42, s. 125; 1992, c. 21, s. 10; 2005, c. 32, s. 61.

126. A board of directors shall be established to administer an institution which operates a hospital centre.

However, a specific board of directors shall be established to administer an institution which operates a general and specialized hospital centre designated as a university hospital centre, a university institute or an affiliated university centre.

1991, c. 42, s. 126; 1992, c. 21, s. 70; 2001, c. 24, s. 5; 2005, c. 32, s. 62.

126.1. (Repealed).

1996, c. 36, s. 2; 2001, c. 24, s. 6; 2005, c. 32, s. 63.

126.2. (Repealed).

1996, c. 36, s. 2; 2001, c. 24, s. 7; 2005, c. 32, s. 63.

126.2.1. (Repealed).

2001, c. 24, s. 8; 2005, c. 32, s. 63.

126.3. (Repealed).

1996, c. 36, s. 2; 2001, c. 24, s. 9; 2005, c. 32, s. 63.

126.4. (Repealed).

1996, c. 36, s. 2; 1998, c. 39, s. 41; 2001, c. 24, s. 10; 2005, c. 32, s. 63.

126.5. (Repealed).

1996, c. 36, s. 2; 1998, c. 39, s. 42; 2001, c. 24, s. 11; 2005, c. 32, s. 63.

127. Where, by reason of the centres it operates and according to sections 119 to 126, an institution other than a local authority could be administered by more than one board of directors, the Minister shall determine, after consulting the agency, which board of directors will administer the institution.

For the purposes of sections 183 to 208, the institution is deemed to operate only the centre corresponding to the type of board of directors that must be established in accordance with the Minister’s decision.

1991, c. 42, s. 127; 1998, c. 39, s. 43; 2005, c. 32, s. 64.

128. If an agency is of the opinion that the circumstances warrant it, it may, after consulting the institutions concerned, propose to the Minister that two or more institutions that have their head offices in the area of jurisdiction of the agency be administered by the same board of directors. However, the agency must take into account the ethnocultural or linguistic characteristics of the institutions concerned, particularly the institutions recognized under section 29.1 of the Charter of the French language (chapter C‐11).

A decision by the Minister to accept the agency’s proposal must be approved by the Government, which shall determine the type of board of directors that is to administer the institutions concerned and the day and month when the persons referred to in sections 135 and 137 are to be elected or designated.

The Minister shall table every order made under the second paragraph before the National Assembly within 30 days after its adoption if the Assembly is in session or, if it is not sitting, within 30 days after resumption.

1991, c. 42, s. 128; 1994, c. 23, s. 2; 1996, c. 36, s. 3; 2005, c. 32, s. 65.

128.1. The invitation to the public for the purposes of the election held under section 135 is made jointly by the boards of directors of the institutions concerned.

Section 147 applies in that case.

Despite the first paragraph of section 149, the term of office of certain members of the first board of directors established under section 128 runs only until the month of October or November of the year in which an election is held under section 135, and that of the remaining members, only until designations and co-optations have taken place under sections 137 and 138.

From the thirtieth day following the day on which the co-optation referred to in section 138 is completed, the institutions concerned by a decision of the Minister made under section 128 cease to be administered by their respective boards of directors and begin to be administered by the first board of directors established under section 128.

2005, c. 32, s. 66.

§ 2 . — Composition of the board

1.  — Mode of appointment of members

129. The board of directors of an institution referred to in section 119 is composed of the following persons, who become members of the board as and when they are elected or designated:

(1)  four persons elected by the general public at the election held under section 135;

(2)  two persons designated by the users’ committee of the institution;

(3)  a physician practising in a private health facility in the territory of the local health and social services network in which the head office of that institution is located, designated by the members of the regional department of general medicine;

(4)  one person designated by and from among the members of the council of physicians, dentists and pharmacists of the institution and, where applicable, one person designated by and from among the members of the council of midwives of the institution;

(5)  one person designated by and from among the members of the council of nurses of the institution;

(6)  two persons designated by and from among the members of the multidisciplinary council of the institution, including one who practises a profession in the social services field;

(7)  one person designated by and from among the personnel members of the institution who is not a member of any of the councils mentioned in paragraphs 4 to 6;

(8)  where applicable, one person designated by the boards of directors of the foundations of the institution and one person designated by the members of a legal person within the meaning of section 139;

(9)  two persons designated by the agency concerned and chosen from a list of names provided by all the other institutions in the region to which section 119 does not apply and that have entered into an agreement under the second paragraph of section 105.1;

(10)  two persons recognized for their management skills and designated by the members referred to in paragraphs 1 to 9, at least one of whom is chosen from a list of names provided by the community organizations identified by the agency concerned that serve the people in the region; and

(11)  the executive director of the institution.

1991, c. 42, s. 129; 1994, c. 40, s. 457; 1996, c. 36, s. 4; 1998, c. 39, s. 44; 2001, c. 24, s. 12; 2005, c. 32, s. 67.

129.1. (Repealed).

2001, c. 24, s. 13; 2005, c. 32, s. 68.

130. The board of directors of an institution referred to in section 120, 121 or 124 or of the institutions referred to in section 125 is composed of the following persons, who become members of the board as and when they are elected or designated:

(1)  four persons elected by the general public at the election held under section 135;

(2)  two persons designated by the users’ committee of the institution or the users’ committees of the institutions, as the case may be;

(3)  one person designated by and from among the members of the council of physicians, dentists and pharmacists of the institution or institutions;

(4)  one person designated by and from among the members of the council of nurses of the institution or institutions;

(5)  one person or, if paragraph 3 cannot be applied owing to the absence of a council of physicians, dentists and pharmacists, two persons or, if paragraph 4 cannot be applied owing to the absence of a council of nurses, three persons designated by and from among the members of the multidisciplinary council of the institution or institutions, provided, however, that the designated persons have different position titles, and, where applicable, that those persons are members of different professional orders;

(6)  one person designated by and from among the personnel members of the institution or institutions who is not a member of either of the councils mentioned in paragraphs 3 to 5;

(7)  where applicable, one person designated by the boards of directors of the foundations of the institution or institutions, and one person designated by the members of a legal person within the meaning of section 139;

(8)  two persons designated by the agency concerned and chosen from a list of names provided by the institutions in the region that are referred to in section 119;

(9)  two persons recognized for their management skills and designated by the members referred to in paragraphs 1 to 8, at least one of whom is chosen from a list of names provided by the community organizations identified by the agency concerned that serve the people in the region; and

(10)  the executive director of the institution or institutions.

1991, c. 42, s. 130; 1994, c. 40, s. 457; 1996, c. 36, s. 5; 1998, c. 39, s. 45; 2001, c. 24, s. 14; 2005, c. 32, s. 69.

131. The board of directors of an institution referred to in the first paragraph of section 126 is composed of the following persons, who become members of the board as and when they are elected or designated:

(1)  four persons elected by the general public at the election held under section 135;

(2)  two persons designated by the users’ committee of the institution;

(3)  one person designated by and from among the members of the council of physicians, dentists and pharmacists of the institution;

(4)  one person designated by and from among the members of the council of nurses of the institution;

(5)  one person designated by and from among the members of the multidisciplinary council of the institution;

(6)  one person designated by and from among the personnel members of the institution who is not a member of any of the councils mentioned in paragraphs 3 to 5;

(7)  where applicable, one person designated by the boards of directors of the foundations of the institution and one person designated by the members of a legal person within the meaning of section 139;

(8)  two persons designated by the agency concerned and chosen from a list of names provided by the institutions in the region that are referred to in section 119;

(9)  three persons recognized for their management skills and designated by the members referred to in paragraphs 1 to 8, at least one of whom is chosen from a list of names provided by the community organizations identified by the agency concerned that serve the people in the region; and

(10)  the executive director of the institution or institutions.

1991, c. 42, s. 131; 1992, c. 21, s. 11; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1996, c. 36, s. 6; 1998, c. 39, s. 46; 1999, c. 24, s. 27; 2001, c. 24, s. 15; 2005, c. 32, s. 69.

131.1. (Repealed).

1996, c. 36, s. 7; 1998, c. 39, s. 47; 2001, c. 24, s. 16; 2005, c. 32, s. 70.

132. (Repealed).

1991, c. 42, s. 132; 1992, c. 21, s. 12; 1992, c. 21, s. 70; 1996, c. 36, s. 8; 1998, c. 39, s. 48; 2001, c. 24, s. 17; 2005, c. 32, s. 70.

132.1. (Repealed).

1996, c. 36, s. 9; 1998, c. 39, s. 49; 2001, c. 24, s. 18; 2005, c. 32, s. 70.

132.2. For the purposes of paragraph 8 of section 129 and paragraph 7 of sections 130, 131 and 133, a “foundation of an institution” means a legal person established for non-profit purposes whose object is, essentially, to collect contributions made for the benefit of an institution designated by name in the constituting act of the foundation or of a new institution resulting from the amalgamation or conversion of the designated institution, or whose principal object is to collect contributions to be used, for a purpose or purposes corresponding to those mentioned in section 272, in the pursuit of all or part of the mission of such an institution.

1998, c. 39, s. 50; 2001, c. 24, s. 19; 2005, c. 32, s. 71.

132.3. All the lists of names referred to in paragraphs 9 and 10 of section 129, paragraphs 8 and 9 of sections 130 and 131 and paragraphs 9 and 11 of section 133 must tend towards gender parity.

2001, c. 24, s. 20; 2005, c. 32, s. 72.

133. The board of directors of an institution referred to in the second paragraph of section 126 is composed of the following persons, who become members of the board as and when they are elected or designated:

(1)  two persons elected by the general public at the election held under section 135;

(2)  two persons designated by the users’ committee of the institution;

(3)  one person designated by and from among the council of physicians, dentists and pharmacists of the institution;

(4)  one person designated by and from among the members of the council of nurses of the institution;

(5)  one person designated by and from among the members of the multidisciplinary council of the institution;

(6)  one person designated by and from among the personnel members of the institution who is not a member of any of the councils mentioned in paragraphs 3 to 5;

(7)  where applicable, two persons designated by the boards of directors of the foundations of the institution and two persons designated by the members of a legal person within the meaning of section 139;

(8)  four persons or, where the institution operates a hospital centre designated as an affiliated university centre, three persons designated by the universities with which the institution is affiliated; one person must be from a faculty of medicine, another from another faculty or school in the health sector and the third person must be a medical resident and be designated by and from among the medical residents practising at the hospital centre;

(9)  two persons designated by the agency concerned and chosen from a list of names provided by the institutions in the region that are referred to in section 119;

(10)  one person designated by the Minister after consulting with the agencies of the other regions served by the institution;

(11)  three persons recognized for their management skills and designated by the members referred to in paragraphs 1 to 10, at least one of whom is chosen from a list of names provided by the community organizations identified by the agency concerned that serve the people in the region; and

(12)  the executive director of the institution.

1991, c. 42, s. 133; 1992, c. 21, s. 70; 1996, c. 36, s. 10; 2001, c. 24, s. 21; 2005, c. 32, s. 73.

133.0.1. For the purposes of paragraph 6 of section 129 and paragraph 5 of sections 130, 131 and 133, the persons who perform nursing assistant activities for an institution are deemed to be members of the institution’s multidisciplinary council.

2001, c. 43, s. 43; 2005, c. 32, s. 74.

133.1. The composition of the board of directors of an institution, other than an institution referred to in the second paragraph of section 126, which operates a centre designated as a university institute or an affiliated university centre shall continue to be governed by the relevant provisions of sections 129 to 131.

Such a board of directors shall also include

(1)  where the institution operates a centre designated as a university institute, two persons designated by the universities with which the institution is affiliated ; those persons must be from faculties or schools in the fields concerned by the mission of the centre operated by the institution and designated as a university institute;

(2)  where the institution operates a centre designated as an affiliated university centre, one person designated by the universities with which the institution is affiliated ; that person must be from a faculty or school in the field concerned by the mission of the centre operated by the institution and designated as an affiliated university centre;

(3)  a person designated by the Minister.

In addition, those persons shall participate in the cooptation provided for in paragraph 10 of section 129 or paragraph 9 of section 130 or 131, as the case may be.

2001, c. 24, s. 22; 2005, c. 32, s. 75.

133.2. New members may be designated as soon as one of the following situations occurs:

(1)  the provisions of section 133.1 apply following the designation, by the Minister, of a centre as a university institute or an affiliated university centre;

(2)  a council of physicians, dentists and pharmacists, a council of midwives, a council of nurses or a multidisciplinary council is established for the institution, allowing the addition of one or more members designated by and from among the members of the new council; or

(2.1)  (subparagraph replaced);

(3)  a foundation of an institution within the meaning of section 132.2 is created for the first time;

(4)  (subparagraph replaced).

The designation of such persons shall be carried out in accordance with the procedure set out in section 137.

The term of office of a person designated pursuant to this section shall end, notwithstanding section 149, at the same time as the term of office of the other members of the board of directors.

1996, c. 36, s. 11; 1998, c. 39, s. 51; 2001, c. 24, s. 23; 2005, c. 32, s. 76.

133.3. When an institution referred to in the first paragraph of section 126 becomes an institution referred to in the second paragraph of that section following the designation by the Minister of the hospital centre operated by the institution as a university hospital centre, a university institute or an affiliated university centre, the following changes must be made to the board of directors of the institution as soon as possible after that designation:

(1)  the withdrawal, by drawing lots or voluntarily, of two of the four persons elected by the general public under paragraph 1 of section 131;

(2)  the addition of a person designated under paragraph 7 of section 133 and the addition of the persons designated by the universities under paragraph 8 of section 133 in accordance with the procedure provided for in section 137; and

(3)  the addition of a person designated by the Minister in accordance with paragraph 10 of section 133.

In such a case, the board of directors of the institution is deemed to have been established in accordance with section 133, and the terms of office of the persons designated under this section end, despite section 149, at the same time as the terms of office of the other members of the board of directors to which they are named.

2005, c. 32, s. 77.

133.4. When a hospital centre operated by an institution referred to in the second paragraph of section 126 loses its designation as a university hospital centre and, consequently, the institution becomes an institution referred to in the first paragraph of that section, the following changes must be made to the board of directors of the institution as soon as possible after the loss of that designation:

(1)  the addition, by a resolution of the board of directors, of two persons to represent the general public;

(2)  the withdrawal, by drawing lots or voluntarily, of one of the two persons designated under paragraph 7 of section 133; and

(3)  the withdrawal of the persons designated by the universities and the Minister under paragraphs 8 and 10 of section 133.

In such a case, the board of directors of the institution is deemed to have been established in accordance with section 131, and the terms of office of the persons designated under this section end, despite section 149, at the same time as the terms of office of the other members of the board of directors to which they are named.

2005, c. 32, s. 77.

134. (Repealed).

1991, c. 42, s. 134; 1996, c. 36, s. 12; 1998, c. 39, s. 52; 2001, c. 24, s. 24.

135. Every institution shall, every three years, on such day in the month of October or November as the Minister determines, invite the population to elect the persons referred to in paragraph 1 of each of sections 129 to 131 and 133, as the case may be. No minor is entitled to vote.

In addition to the restrictions and limitations set out in sections 150 and 151, no person may be a candidate at more than one election held in accordance with the first paragraph. A person may vote only in the region in which he has his principal residence, and may vote only once at each of the following elections:

(1)  an election held by the local authority serving the territory in which the person’s principal residence is situated;

(2)  any other election held in the region to elect members to the board of directors of an institution referred to in sections 119 to 126;

(3)  (subparagraph replaced);

(4)  (subparagraph replaced);

(5)  (subparagraph replaced);

(6)  (subparagraph replaced).

The mechanisms whereby candidates may address the population before an election, as well as the election procedure to be followed and the standards relating to advertising, financing, the powers and duties of election officers and campaign literature, shall be determined by a by-law of the Minister, made after consulting the chief electoral officer. The by-law comes into force on the date of its publication in the Gazette officielle du Québec.

1991, c. 42, s. 135; 1992, c. 21, s. 13; 1996, c. 36, s. 13; 1998, c. 39, s. 53; 2001, c. 24, s. 25; 2005, c. 32, s. 78.

136. (Repealed).

1991, c. 42, s. 136; 1996, c. 36, s. 14; 1998, c. 39, s. 54.

137. The Minister shall, by by-law, determine the procedure for designating the persons referred to in paragraphs 2 to 8 of section 129, paragraphs 2 to 7 of sections 130 and 131, paragraphs 2 to 8 of section 133 or subparagraphs 1 and 2 of the second paragraph of section 133.1, as the case may be. The by-law comes into force on the date of its publication in the Gazette officielle du Québec.

Designations under the first paragraph take place on the date set by the Minister, which must be within the 30 days preceding the date set for holding an election under section 135.

1991, c. 42, s. 137; 1992, c. 21, s. 14; 1996, c. 36, s. 15; 1998, c. 39, s. 55; 2001, c. 24, s. 26; 2005, c. 32, s. 79.

138. Once the persons referred to in section 135 are elected and the persons referred to in section 137 and in paragraph 9 of section 129, paragraph 8 of sections 130 and 131, paragraphs 9 and 10 of section 133 and subparagraph 3 of the second paragraph of section 133.1 are designated, they must, within the next 30 days, begin co-opting as provided for in paragraph 10 of section 129, paragraph 9 of section 130 or 131 or paragraph 11 of section 133, as the case may be.

Those persons must, in proceeding with the cooptation, enable persons whose competence and qualifications are judged to be useful for the administration of the institutions concerned to become members of the board of directors, ensure better representation of the different parts of the territory, and better sociocultural, ethnocultural, linguistic or demographic representation of the population served by the institutions on the board of directors and the most equitable representation possible of women and men.

The cooptation provided for in paragraph 9 of section 130 for the institutions referred to in section 125 shall, in particular, enable at least one person who is under 35 years of age to become a member of the board of directors, should there be no such person on the board.

1991, c. 42, s. 138; 1996, c. 36, s. 16; 1998, c. 39, s. 56; 2001, c. 24, s. 27; 2005, c. 32, s. 80.

139. For the purposes of paragraph 8 of section 129 and paragraph 7 of sections 130, 131 and 133, “legal person” means an institution within the meaning of paragraph 1 of section 98 that owns all or part of the immovables used for the institution’s activities, if, on 1 September 2002, that institution met one of the following conditions:

(1)  it had been issued an express designation by the Minister stating that it was a legal person within the meaning of this section; or

(2)  it was deemed to be a legal person designated by the Minister under section 601.1.

1991, c. 42, s. 139; 1992, c. 21, s. 15; 1996, c. 36, s. 17; 2001, c. 24, s. 28; 2005, c. 32, s. 81.

140. (Repealed).

1991, c. 42, s. 140; 1996, c. 36, s. 51; 2005, c. 32, s. 82.

141. (Repealed).

1991, c. 42, s. 141; 2005, c. 32, s. 82.

142. (Repealed).

1991, c. 42, s. 142; 2005, c. 32, s. 82.

143. (Repealed).

1991, c. 42, s. 143; 2005, c. 32, s. 82.

144. (Repealed).

1991, c. 42, s. 144; 2005, c. 32, s. 82.

145. (Repealed).

1991, c. 42, s. 145; 2005, c. 32, s. 82.

146. (Repealed).

1991, c. 42, s. 146; 2005, c. 32, s. 82.

147. If a position cannot be filled by the application of section 135, 137 or 138, the agency shall appoint a person to the position within 120 days.

1991, c. 42, s. 147; 1998, c. 39, s. 57; 2005, c. 32, s. 83.

148. Any interested person may apply to the Administrative Tribunal of Québec to contest or demand the annulment of any election held pursuant to this subdivision.

The motion must be presented within 60 days of the date on which the results of the election are known.

On receipt of the motion, the secretary of the Tribunal shall send a copy to the person against whom the proceedings are brought and to the Minister of Health and Social Services. The Minister may intervene at any stage in the proceeding and in such case is a party thereto.

The Tribunal may confirm or annul the election or declare another person duly elected.

Where the Tribunal annuls the election of a member without declaring another person duly elected, a new election must be held without delay.

A member so elected shall remain in office for the unexpired portion of the term of office of the member whose election is annulled.

1991, c. 42, s. 148; 1997, c. 43, s. 724.

2.  — Terms of office and qualifications of members

149. The term of office of a member of a board of directors other than the executive director is three years.

The members shall remain in office notwithstanding the expiry of their terms until they are designated again, reelected or replaced.

1991, c. 42, s. 149; 2001, c. 24, s. 29.

150. The following persons cannot be members of a board of directors:

(1)  persons not resident in Québec;

(2)  minors;

(3)  persons under tutorship or curatorship;

(4)  persons convicted in the preceding five years of a crime punishable by three years of imprisonment or more;

(5)  persons forfeited of office as members of the board of directors of an institution or agency in the preceding three years, pursuant to paragraph 2 of section 498;

(6)  persons convicted of an offence against this Act or the regulations in the preceding three years.

1991, c. 42, s. 150; 2005, c. 32, s. 227.

151. No person employed by the Ministère de la Santé et des Services sociaux, an agency, an institution or any other organization providing services related to the field of health and social services and receiving subsidies from an agency or the Minister, or employed by the Régie de l’assurance maladie du Québec or remunerated by the Régie, or a person practising under a service contract entered into pursuant to section 259.2, may be elected at an election held under section 135.

Scholarships, subsidies or sums of money granted or paid under a research contract are not deemed to be remuneration for the purposes of the first paragraph.

A person employed by an institution or practising a profession in a centre operated by an institution may not vote at the election held under section 135 for the institution and may be designated as member of the board of directors of the institution only in accordance with paragraphs 3 to 7 of section 129 or paragraphs 3 to 6 of section 130, 131 or 133, respectively. The person may be designated as member of the board of directors of any other institution.

No member of a legal person designated under paragraph 8 of section 129 or paragraph 7 of section 130, 131 or 133 may be elected during the election held under section 135.

1991, c. 42, s. 151; 1996, c. 36, s. 18; 1998, c. 39, s. 58; 1999, c. 24, s. 28; 1999, c. 89, s. 53; 2001, c. 24, s. 30; 2005, c. 32, s. 84.

152. A person ceases to be a member of a board of directors upon becoming disqualified for designation or election as such.

In addition, a person elected pursuant to section 135 shall cease to be a member of the board of directors upon becoming disqualified pursuant to the first or the fourth paragraph of section 151.

1991, c. 42, s. 152; 1996, c. 36, s. 19; 1998, c. 39, s. 59; 2001, c. 24, s. 31.

153. Any member of a board of directors may resign by transmitting a notice in writing of his intention to the secretary. A vacancy occurs upon acceptance of the resignation by the board of directors.

1991, c. 42, s. 153.

154. Any member of a board of directors, other than the executive director, who has a direct or indirect interest in an undertaking which causes his personal interest to conflict with the interest of the board or of any of the institutions under its administration must, under pain of forfeiture of office, disclose that interest in writing to the board of directors and abstain from sitting on the board and from participating in any deliberation or decision on any question relating to the undertaking in which he has that interest.

The fact that a member of the board of directors is a minority shareholder of a legal person operating an undertaking referred to in this section does not constitute a conflict of interest if the shares of the legal person are listed on a recognized stock exchange and if the member of the board of directors concerned is not an insider of the legal person within the meaning of section 89 of the Securities Act (chapter V-1.1).

1991, c. 42, s. 154; 1996, c. 36, s. 51.

155. No action for forfeiture of office under section 154 may be brought except by the agency concerned, by the institution concerned or by the Minister.

Any person who is aware of a situation described in section 154 may report it to the agency, the institution or the Minister.

1991, c. 42, s. 155; 2005, c. 32, s. 227.

156. Any vacancy occurring after the election or designation of a member of a board of directors shall be brought to the attention of the agency and filled, for the unexpired portion of the term of office of the member to be replaced, as follows:

(1)  in the case of a member referred to in paragraph 9 of section 129, paragraph 8 of section 130 or 131, paragraph 9 or 10 of section 133 or subparagraph 3 of the second paragraph of section 133.1, in accordance with the procedure described for the designation of that member;

(2)  (subparagraph repealed);

(3)  in every other case, the members of the board of directors remaining in office shall fill the vacancy by resolution provided the person thus designated has the qualifications required to be a member of the board of directors in the same capacity as the member being replaced, and provided the designation, where applicable, takes into account the cases of ineligibility set out in the first and fourth paragraphs of section 151. The board of directors shall inform the agency of the designation.

If the board of directors fails to fill a vacancy in accordance with subparagraph 3 of the first paragraph within the next 120 days, the vacancy may be filled by the agency.

Any unexplained absence from a number of regular and consecutive sittings of the board of directors determined in the rules of internal management, in the cases and circumstances provided therein, also constitutes a vacancy.

1991, c. 42, s. 156; 1996, c. 36, s. 20; 2001, c. 24, s. 32; 2005, c. 32, s. 85.

§ 3 . — Operation

1.  — Chairman, vice-chairman and secretary

157. Each year, the members of a board of directors shall elect a chairman, a vice-chairman and a secretary from among their number.

1991, c. 42, s. 157.

158. The chairman of the board of directors shall preside over the sittings, see that good order is maintained and assume all other duties assigned to him by by-law of the board.

The vice-chairman shall replace the chairman when the chairman is absent or unable to act.

1991, c. 42, s. 158; 1999, c. 40, s. 269.

159. In no case may the chairman or the vice-chairman of the board of directors be a person employed by the institution or any of the institutions administered by the board, or a physician, dentist, pharmacist or midwife practising in one of the centres operated by the institution.

1991, c. 42, s. 159; 1999, c. 24, s. 29.

2.  — Sittings

160. The procedure for calling sittings of the board of directors shall be determined by by-law of the board.

1991, c. 42, s. 160.

161. The sittings of a board of directors are public; the board of directors may, however, order that a sitting be held in camera, particularly where it considers it expedient to avoid causing any harm to a person and at the time of deliberations on the negotiation of conditions of employment; the decisions made at sittings held in camera are public, subject to the protection of personal information contained therein.

The board of directors must allow for a question period at each sitting.

The documents submitted or transmitted to the board of directors and the information furnished at public sittings as well as the minutes of those sittings are public, subject to the protection of personal information contained therein.

1991, c. 42, s. 161.

161.1. A member of the board of directors may, where a quorum of members is physically present at the place where a meeting of the board of directors is to be held and where a majority of those members have consented thereto, participate in the meeting by means of videoconferencing, telephone or other communications equipment by means of which all persons participating in the meeting can hear each other. In such a case, the member is deemed to have attended the meeting.

The minutes of such a meeting must mention

(1)  the fact that the meeting was held with the assistance of the communications equipment they indicate;

(2)  the name of the members physically present at the meeting, and the names of the members who agreed to the use of the communications equipment;

(3)  the name of the member who participated in the meeting using the communications equipment.

1998, c. 39, s. 60.

162. A majority of the members in office of a board of directors, including the chairman or the vice-chairman, constitutes a quorum at sittings of the board.

1991, c. 42, s. 162; 2005, c. 32, s. 86.

163. Subject to section 201, the decisions of the board of directors are taken by a majority of the votes cast by the members present.

In the case of a tie, the chairman of the board or the vice-chairman has a casting vote.

1991, c. 42, s. 163.

164. In emergencies, a resolution in writing signed by all the members of the board of directors has the same force as if it had been passed at a sitting.

The resolution shall be deposited at the next sitting and kept with the minutes of the sittings of the board of directors.

The members of the board of directors may also, in emergencies, if there is a quorum and if all the members have consented thereto, participate in a special meeting by way of a telephone conference call.

The minutes of such a meeting must mention the fact that the meeting was held by way of a telephone conference call, and that all the members who participated in the meeting agreed to the procedure. The decisions made at the meeting must be tabled at the following public meeting.

1991, c. 42, s. 164; 1998, c. 39, s. 62.

3.  — Reimbursement of expenses

165. Members of a board of directors are not remunerated. However, they are entitled to the reimbursement of expenses incurred in the performance of their duties on the conditions and to the extent determined by the Government.

1991, c. 42, s. 165.

4.  — Documents and records

166. The minutes of the sittings of the board of directors, approved by it and signed by the chairman and the secretary, are authentic. The same applies to documents and copies or extracts issued by the institution or forming part of its records if certified true by the chairman of the board or the secretary.

1991, c. 42, s. 166.

167. Where the board of directors is established under section 125 or 128, the minutes shall indicate which institutions, among the institutions it administers, are bound by a decision of the board. Failing such an indication, the decision shall be binding on all such institutions.

1991, c. 42, s. 167; 1996, c. 36, s. 21; 1999, c. 40, s. 269; 2005, c. 32, s. 87.

168. Every institution must keep and maintain at its head office a register of the name, address and occupation of every member of the board of directors and, if the institution is a legal person within the meaning of paragraph 1 of section 98, of every member of the legal person, and books containing the by-laws of the institution, the minutes of the sittings of the board of directors and, where applicable, those of the meetings of the members of the legal person.

The board of directors established under section 125 or 128 shall determine, by resolution, at which of the head offices of the institutions under its administration its minutes, its correspondence and any other document binding several of these institutions shall be kept. A certified copy of the minutes and decisions shall, however, be transmitted and kept at the head office of each of the other institutions.

1991, c. 42, s. 168; 1996, c. 36, s. 22; 2005, c. 32, s. 88.

169. No instrument, document or writing binds an institution unless it is signed by the chairman of the board of directors, the executive director or, to the extent determined by by-law of the board, by a member of the personnel of that institution.

1991, c. 42, s. 169.

§ 4 . — Powers and obligations of the board of directors

170. The board of directors shall manage the affairs and exercise all the powers of every institution under its administration, except the powers assigned to the members of a legal person referred to in section 139, which may be exercised in accordance with the provisions of subdivision 5 of this division.

1991, c. 42, s. 170; 1992, c. 21, s. 17; 1996, c. 36, s. 51; 2005, c. 32, s. 225.

171. The board of directors shall establish priorities and orientations for every institution under its administration and see to it that they are observed.

Priorities shall focus on the physical and mental health needs as well as on the social needs to be satisfied, the populations to be served and the services to be provided.

Priorities must take account of the distinctive geographical, linguistic, sociocultural and socioeconomic characteristics of the users and of the human, material and financial resources put at the disposal of the institution.

In addition, the priorities must conform to the medical and dental staffing plan approved by the agency under section 378.

1991, c. 42, s. 171; 2005, c. 32, s. 89.

172. The board of directors must in addition, for every institution under its administration, ensure

(1)  the pertinence, quality, safety and effectiveness of the services provided;

(2)  respect for users’ rights and promptness in processing users’ complaints;

(3)  economical and efficient use of human, material and financial resources;

(4)  the participation, motivation, enrichment, maintenance of professional standards and development of human resources.

1991, c. 42, s. 172; 2002, c. 71, s. 7.

173. The board of directors must,

(1)  appoint the executive director and senior management officers;

(2)  appoint the local service quality and complaints commissioner in accordance with the provisions of section 30;

(3)  appoint physicians and dentists, assign a status and grant privileges to them and determine the obligations to be attached to such privileges;

(4)  appoint pharmacists and assign a status to them, where pertinent;

(4.1)  enter into service contracts in accordance with section 259.2 whenever required;

(5)  allocate financial resources to every institution under its administration and determine the portion of those financial resources that is to be reserved for the payment of family-type resources and intermediate resources attached to the institutions.

1991, c. 42, s. 173; 1998, c. 39, s. 63; 1999, c. 24, s. 30; 1998, c. 39, s. 63; 2001, c. 43, s. 44; 2005, c. 32, s. 224.

174. The members of the board of directors shall, within the scope of the powers conferred on them, exercise the care, prudence, diligence and skill that a reasonable person would exercise in similar circumstances; they must also act with honesty, loyalty and in the interest of the institution or, as the case may be, of the group of institutions administered by them and of the population served.

1991, c. 42, s. 174.

175. Each institution shall assume the defence of any member of its board of directors who is prosecuted by a third person for an act done in the performance of his duties.

In penal or criminal proceedings, however, the institution shall assume the payment of the expenses of a member of the board of directors only where he had reasonable grounds to believe that his conduct was in conformity with the law, or if he has been freed or acquitted or if the proceedings have been withdrawn or dismissed.

1991, c. 42, s. 175.

176. The board of directors shall meet at least six times a year. It must also meet at the request of the chairman or at the written request of one-third of its members in office.

1991, c. 42, s. 176; 2001, c. 24, s. 33.

177. Every board of directors must, at least once a year, hold a public information meeting to which it shall invite the population. The meeting may be held at the same time as a meeting held pursuant to section 176.

Public notice of at least 15 days of the date, time and place of the sitting must be given to the population by the board of directors.

At the meeting, the members of the board of directors must present to the population, in accordance with the regulation made by the Minister under section 487.1, such items of information as are prescribed with respect to the report of activities and the annual financial report of every institution under the administration of the board. They must also justify their priorities and new orientations established under section 171 and answer questions put to them with respect to the annual financial report, the management of each institution under the administration of the board of directors and the services provided by each of the institutions.

The report on the application of the complaint examination procedure, on user satisfaction and on the enforcement of user rights referred to in section 76.10 shall also be presented to the population at that public information meeting.

The procedure for calling and conducting the meeting shall be determined by by-law of the institution.

1991, c. 42, s. 177; 1998, c. 39, s. 64; 2001, c. 43, s. 45; 2005, c. 32, s. 90.

178. The board of directors may hold several public information meetings if it considers that the size of the territory, the number of institutions under its administration, the density of the population invited to attend or the nature of the services provided to the users justifies the holding of several meetings. However, only one such meeting may be held at the same time as a meeting held pursuant to section 176.

1991, c. 42, s. 178; 1998, c. 39, s. 65.

179. Where the institution is a legal person referred to in paragraph 1 of section 98, the board of directors must see to it that the members of the legal person adopt a by-law to determine the conditions of admission of their members, their rights and obligations and the criteria or conditions relating to their resignation, suspension or exclusion.

If the members of the legal person fail to do so, the board of directors shall act in their stead.

An amendment to the by-law must, to become effective, be submitted to the board of directors for approval.

1991, c. 42, s. 179; 1996, c. 36, s. 51.

180. Where the institution is a legal person referred to in section 139, the board of directors must notify the members of the legal person of any measure that may entail a reduction in the value or a change in the destination of the immovables of the institution.

The board of directors cannot alienate an immovable of such an institution or change its use except with the approval of at least two-thirds of the votes cast by the members of the legal person.

1991, c. 42, s. 180; 1996, c. 36, s. 51; 2005, c. 32, s. 225.

181. The board of directors may, by by-law, establish the councils and committees necessary for the pursuit of its objects and determine their composition, functions, powers and duties, and the rules governing the administration of their affairs and their internal management.

The board of directors may delegate its powers to any council or committee, except those powers which the board of directors may exercise only by by-law.

1991, c. 42, s. 181.

181.0.1. With a view to improving the quality of services offered and in a manner respectful of individual and group rights, the board of directors must create a watchdog committee to be responsible mainly for ensuring the follow-up, with the board, of the recommendations made by the local service quality and complaints commissioner or the Health and Social Services Ombudsman regarding complaints or interventions made under this Act or the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).

The committee is also to be responsible for coordinating all the activities of the other authorities established within the institution to exercise responsibilities relating to any of the elements mentioned in subparagraph 1 of the second paragraph of section 181.0.3, and for ensuring that their recommendations are followed up.

2005, c. 32, s. 91.

181.0.2. The watchdog committee is composed of five members, including the executive director and the local service quality and complaints commissioner. The other three members are chosen by the board of directors from among board members who do not work for the institution or do not practise their profession in any of the centres operated by the institution, and include one of the persons designated under paragraph 2 of any of sections 129, 130, 131 or 133.

2005, c. 32, s. 91.

181.0.3. The watchdog committee shall ensure that the board of directors fulfils its service quality responsibilities effectively, especially those set out in paragraphs 1 and 2 of section 172.

To that end, the committee must, in particular,

(1)  receive and analyze the reports and recommendations sent to the board of directors on the pertinence, quality, safety or effectiveness of the services provided, the enforcement of user rights or the handling of user complaints;

(2)  establish systemic links between those reports and recommendations and draw from them the conclusions necessary to make recommendations under subparagraph 3;

(3)  make recommendations to the board of directors on the action to be taken following those reports or recommendations in order to improve the quality of user services;

(4)  ensure the follow-up, with the board of directors, of the board’s implementation of the recommendations made under subparagraph 3;

(5)  promote joint action and cooperation among the stakeholders concerned by subparagraph 1;

(6)  ensure that the local service quality and complaints commissioner has the necessary human, material and financial resources required to carry out the responsibilities of office effectively and efficiently; and

(7)  exercise any other function that the board of directors considers useful in fulfilling the mandate entrusted to the committee under the first paragraph.

2005, c. 32, s. 91.

§ 5 . — Representation of the members of certain legal persons

1992, c. 21, s. 18; 1996, c. 36, s. 51.

181.1. The members of a legal person referred to in section 139 may, by by-law, form a board of governors or a board of delegates to represent them, and determine the composition, the rules of internal management and the functions and duties of such a board, as well as the method of appointment, the term of office, and the method of dismissal of a governor or delegate.

The first paragraph of section 168 applies, with the necessary modifications, to governors or delegates and to the minutes of their meetings.

Notices which must be sent to members of the legal person are validly sent if addressed to the board of governors or delegates.

1992, c. 21, s. 18; 1996, c. 36, s. 51; 2005, c. 32, s. 225.

181.2. The by-law made pursuant to section 181.1 may provide that the exercise of the powers assigned to the members of the legal person under sections 129 to 131, 133, 179, 180, 262.1, 322.1, 327, 330 and 550 may be entrusted to the board of governors or delegates.

1992, c. 21, s. 18; 1996, c. 36, s. 23; 2001, c. 24, s. 34; 2005, c. 32, s. 92.

DIVISION II ADMINISTRATION OF PRIVATE INSTITUTIONS

182. The functions, duties and responsibilities entrusted to a board of directors under sections 29 to 34, 38, 39, 171 to 173, 183.1, 188, 190, 192, 212, 214 and 216 or under any provision of subdivision 11 of Division III of this chapter shall be carried out, in the case of a private institution, by its board of directors.

In the case of an unincorporated private institution, the functions, duties and responsibilities shall be carried out by the holder of the operating permit.

1991, c. 42, s. 182; 1992, c. 21, s. 19; 2001, c. 43, s. 46; 2002, c. 71, s. 8.

182.0.1. Sections 181.0.1 and 181.0.3 apply to a private institution.

However, in that case, the watchdog committee is composed of at least four members, including the executive director and the local service quality and complaints commissioner. The other members are chosen by the board of directors of the private institution or, in the case of an unincorporated institution, by the permit holder.

2005, c. 32, s. 93.

DIVISION II.1 MANAGEMENT AND REPORTING

2001, c. 24, s. 35.

§ 1 . — Management and accountability agreement

2001, c. 24, s. 35.

182.1. Each public institution must enter into a management and accountability agreement with the agency.

In the case of an institution referred to in the second paragraph of section 126 or section 133.1, however, the Minister must be a party to the agreement.

2001, c. 24, s. 35; 2005, c. 32, s. 94.

182.2. A management and accountability agreement must contain

(1)  a definition of the mission and strategic directions of the institution ;

(2)  an annual action plan describing the objectives for the first year of the agreement, the measures to be taken to achieve them and the available resources, and an undertaking to produce such a plan on an annual basis ;

(3)  the main indicators to be used in measuring the results ;

(4)  an undertaking to produce, at the end of each year, a management report describing the results achieved.

2001, c. 24, s. 35.

182.3. A management and accountability agreement is a public document which the agency shall transmit to the Minister.

2001, c. 24, s. 35; 2005, c. 32, s. 227.

182.4. The executive director of the institution having entered into a management and accountability agreement must ensure that the mission and strategic directions of the institution are complied with, and that the institution achieves its annual objectives within the management framework applicable to it using the resources allocated to it.

2001, c. 24, s. 35.

182.5. The agency is, after entering into a management and accountability agreement, empowered to exercise supervision and control over the achievement of the objectives of the institution.

The board of directors of the institution and, in the case of an agreement under the second paragraph of section 182.1, the Minister are also empowered to exercise supervision and control.

2001, c. 24, s. 35; 2005, c. 32, s. 227.

182.6. A board of directors of an institution that considers that the executive director has not complied with the management and accountability agreement may take measures such as suspending the appointment of the executive director for a determined term, reducing the term of appointment or dismissing or replacing the executive director.

In addition, the agency may suspend or cancel the management and accountability agreement. The agency shall notify the Minister immediately of the suspension or cancellation.

2001, c. 24, s. 35; 2005, c. 32, s. 227.

§ 2 . — Reporting

2001, c. 24, s. 35.

182.7. Every institution must prepare an annual management report.

The report must include

(1)  a presentation of the results obtained, measured against the objectives fixed in the management and accountability agreement;

(2)  a statement by the executive director of the institution concerning the reliability of the data and of the monitoring mechanisms;

(3)  any other particular or information determined by the Minister.

The annual management report of the institution shall be transmitted to the agency, which shall communicate it to the Minister.

2001, c. 24, s. 35; 2005, c. 32, s. 227.

182.8. The annual management report shall replace the annual report of activities that is required under section 278 if the annual management report contains the information required to be included in the annual report of activities.

2001, c. 24, s. 35.

DIVISION III HUMAN RESOURCES

§ 1 . — Organization plan

183. Every institution must prepare an administrative, professional and scientific organization plan. The plan shall describe the administrative structure of the institution, its divisions, services and departments as well as the clinical programs of the institution.

The organization plan of an institution shall indicate, on the recommendation of the council of physicians, dentists and pharmacists, which department or service is responsible for the medical, pharmaceutical or dental acts of a clinical program, or, on the recommendation of the medical service referred to in section 186, which department or service is responsible for the medical acts of that clinical program.

The organization plan must be transmitted on request to the agency or to the Minister.

The organization plan must be reviewed at least once every three years.

1991, c. 42, s. 183; 1998, c. 39, s. 66; 2005, c. 32, s. 227.

183.1. The organization plan of an institution must also provide for the creation of a risk management committee.

The number of members of that committee and the rules governing its functioning shall be determined by by-law of the board of directors of the institution.

The composition of the committee shall ensure a balanced representation of the employees of the institution, of users, of the persons practising in a centre operated by the institution and, if applicable, of the persons who, under a service contract, provide services to users on behalf of the institution. The executive director or the person the executive director designates shall be ex officio a member of the committee.

2002, c. 71, s. 9; 2005, c. 32, s. 226.

183.2. The functions of the committee include seeking, developing and promoting ways to

(1)  identify and analyze the risk of incidents or accidents in order to ensure the safety of users and, in particular in the case of nosocomial infections, prevent such risks and reduce their recurrence;

(2)  make sure that support is provided to the victim and the close relatives of the victim; and

(3)  establish a monitoring system including the creation of a local register of incidents and accidents for the purpose of analyzing the causes of incidents and accidents, and recommend to the board of directors of the institution measures to prevent such incidents and accidents from recurring and any appropriate control measures.

For the purposes of this section and sections 233.1, 235.1 and 431 and unless the context indicates otherwise,

“incident” means an action or situation that does not have consequences for the state of health or welfare of a user, a personnel member, a professional involved or a third person, but the outcome of which is unusual and could have had consequences under different circumstances.

2002, c. 71, s. 9; 2005, c. 32, s. 95.

183.3. The answers given by a person in the course of risk management activities, including any information or document supplied in good faith by the person in response to a request of a risk manager or a risk management committee may not be used or be admitted as evidence against the person or against any other person in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions.

Notwithstanding any inconsistent provision, a risk manager or a member of a risk management committee may not be compelled to make a deposition in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions concerning any confidential information obtained in the exercise of his or her functions, or to produce a document containing such information, except to confirm its confidential nature.

Nothing contained in a risk management record, including the conclusions with reasons and any related recommendations, may be construed as a declaration, recognition or extrajudicial admission of professional, administrative or other misconduct capable of establishing the civil liability of a party in a judicial proceeding.

2002, c. 71, s. 9; 2005, c. 32, s. 226.

183.4. Notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1), the records and minutes of a risk management committee are confidential.

No person may have access to the minutes of a risk management committee except the members of the committee, the representatives of accreditation bodies in the exercise of functions pertaining to the accreditation of the health services and social services provided by institutions or the representatives of a professional order in the exercise of the functions assigned to them by law.

2002, c. 71, s. 9; 2005, c. 32, s. 226.

184. The organization plan of a hospital centre must, in addition, provide for the formation of clinical departments and services. The plan must indicate the number of general practitioners, specialists in each specialty, dentists and dental specialists who may practise in each department and service and, in the case of a centre designated as a university hospital centre or a university institute, the distribution of clinical, research and teaching tasks among the physicians. These elements must be determined taking into account the permit of the institution operating the hospital centre, the financial resources at its disposal, as well as the expansion or reduction objectives referred to in section 377.

The part of the organization plan referred to in the first paragraph must be transmitted to the agency for approval in accordance with section 378 after having been referred for consultation to the council of physicians, dentists and pharmacists if any, and, in the case of a hospital centre designated as a university hospital centre or university institute, after consultation with the university with which the institution is affiliated. Once approved by the agency, the said part of the organization plan shall constitute the medical and dental staffing plan of the institution.

The medical and dental staffing plan must be reviewed at least once every three years and shall continue in force until the agency decides on its revision.

1991, c. 42, s. 184; 1992, c. 21, s. 70; 1998, c. 39, s. 67; 2005, c. 32, s. 96.

185. With the exception of hospital centres operated by institutions designated by government order, the organization plan of every hospital centre must also provide for the formation of a clinical department of general medicine which must be under the responsibility of a general practitioner.

1991, c. 42, s. 185; 1992, c. 21, s. 70; 1998, c. 39, s. 68.

185.1. The organization plan of a hospital centre must also provide for a central mechanism for managing access to the specialized and superspecialized services of the centre’s clinical departments. The mechanism must include specific rules to be followed to enter a user on the access list for the specialized or superspecialized services of a department, the manner in which the estimated date when services will be received is to be determined and communicated to the user and, should the services not be provided on that date, the alternative arrangements to be offered to the user, such as setting a new date to be agreed to by the user, seeing another physician in the department concerned or having recourse to another institution. The mechanism is implemented after consultation with the heads of the clinical departments concerned and the institution’s council of physicians, dentists and pharmacists.

To ensure uniform management of access lists under the first paragraph, the Minister may determine the information to be collected and used by the institutions for the day-to-day management of their access lists. If the Minister so requires, this information must be communicated to the provider chosen under section 520.3.0.1, in the manner and within the time specified by the Minister, so that the provider may retain and manage the information for each institution.

The organization plan must also identify the person responsible for the central access management mechanism. Under the authority of the director of professional services, that person shall see to it that each clinical department head concerned ensures the proper operation of the mechanism in the department. In addition, that person shall offer, to users unable to receive the services on the date communicated to them, the alternative arrangements specified in the mechanism. Finally, that person shall make any adjustments required by the Minister’s directives under section 431.2.

The executive director shall report to the board of directors at least once every three months on the effectiveness of the central access management mechanism, in particular as regards waiting times calculated from the time users are entered on the access list referred to in the first paragraph to the time they receive the specialized or superspecialized services they require.

2006, c. 43, s. 7.

186. The organization plan of a local community service centre, rehabilitation centre or residential and long-term care centre must also specify the number of physicians and dentists who may practise in the centre, according to the permit of the institution, the financial resources at its disposal, together with the expansion and reduction objectives referred to in section 377.

If at least one physician practises in the centre, the organization plan must provide for the formation of a medical service or the appointment of a physician in charge of medical care. However, in the case of an institution operating a residential and long-term care centre for which a council of physicians, dentists and pharmacists has been established pursuant to section 213, the organization plan must provide for the formation of a clinical department of general medicine, the formation of a medical service or the appointment of a physician responsible for medical care.

The second paragraph does not apply where an institution operating a residential and long-term care centre is otherwise bound to form a clinical department of general medicine pursuant to section 185 or where a local authority operates a hospital centre.

The medical service shall be composed of the physicians practising in the centre and shall be directed by the physician who is the head of the medical service.

The mode of appointment, qualifications and functions of medical service heads and of physicians in charge shall be determined by regulation under subparagraph 13 of the first paragraph of section 505. Where necessary, the second paragraph of section 214 shall apply, with the necessary modifications, to the medical service or the physician in charge, regarding the functions determined by that regulation.

This part of the organization plan, after having been referred for consultation to the council of physicians, dentists and pharmacists, the medical service, or the physician in charge, as the case may be, must be sent to the agency for approval in accordance with section 378. Once approved by the agency, the said part of the organization plan shall constitute the medical and dental staffing plan of the institution.

If the centre is designated as a university institute, this part of the organization plan must be prepared after consultation with the university with which the institution is affiliated.

The medical and dental staffing plan must be reviewed at least once every three years and shall continue in force until the agency decides on its revision.

1991, c. 42, s. 186; 1992, c. 21, s. 20; 1998, c. 39, s. 69; 2005, c. 32, s. 97.

187. The organization plan of every institution must also provide for any element required under this Act or a regulation made under subparagraphs 11 and 13 of the first paragraph of section 505.

1991, c. 42, s. 187.

§ 2 . — Clinical department heads

188. Every clinical department formed in a hospital centre shall be directed by its head who must be a physician, dentist or pharmacist, except for the clinical biochemistry department whose head may be a clinical biochemist.

The clinical department head shall be appointed for not more than four years by the board of directors after consulting the physicians, dentists and pharmacists and, where applicable, the clinical biochemists practising in the department, the director of professional services and the council of physicians, dentists and pharmacists.

In the case of a centre designated as a university hospital centre or university institute, the board of directors must also consult the university with which the institution is affiliated according to the terms of the contract of affiliation entered into in accordance with section 110.

1991, c. 42, s. 188; 1992, c. 21, s. 70.

189. The head of a clinical department, under the authority of the director of professional services, shall have the following responsibilities:

(1)  coordinating, subject to the responsibilities of the council of physicians, dentists and pharmacists in accordance with section 214, the professional activities of the physicians, dentists and pharmacists in his department and of the clinical biochemists, if any;

(2)  managing the medical and dental resources and, if a clinical department of pharmacy is formed in the centre, the pharmaceutical resources of his department and, to the extent provided by regulation under paragraph 13 or 14 of section 505, the other resources;

(3)  drawing up, for his department, rules governing the use of medical and dental resources and of material resources used by physicians and dentists; if a clinical department of pharmacy is formed in the centre, he shall be responsible for drawing up rules governing the use of the pharmaceutical resources and material resources of his department;

(3.1)  ensuring that the rules and procedures of the central access management mechanism provided for in section 185.1 are observed in his department;

(4)  managing, in the case of the head of the clinical department of radiology, the head of the clinical department of medical biology laboratories or the head of the clinical department of pharmacy, the resources of his clinical department to the extent provided for in the regulation referred to in subparagraph 2 of this section. The Government may in such regulation provide for the management of part or all of the resources of a clinical department of radiology, of a clinical department of medical biology laboratories or of a clinical department of pharmacy being entrusted by the director of professional services to a person other than the heads of those clinical departments;

(5)  drawing up a duty roster in accordance with the by-laws of the council of physicians, dentists and pharmacists as approved by the board of directors, and seeing to its enforcement;

(6)  ensuring an appropriate distribution of medical and dental care and of pharmaceutical services in his department;

(7)  seeing that the rules governing the use of resources drawn up by him for his department are complied with and informing the director of professional services or the council of physicians, dentists and pharmacists of any breach of those rules by a physician, dentist or pharmacist, if the case arises.

The rules governing the use of resources drawn up under subparagraph 3 of the first paragraph must include administrative sanctions which may have the effect of limiting or suspending the right of a physician or dentist to use the resources of the institution. However, such sanctions cannot be considered as a breach of the privileges granted by the board of directors to the physician or dentist, as the case may be.

Where no head of a clinical department is designated, the responsibilities listed in the first paragraph shall be exercised by the director of professional services.

Where the head of a clinical department neglects to draw up rules governing the use of resources, the executive director may request that the director of professional services draw up such rules.

1991, c. 42, s. 189; 2006, c. 43, s. 8.

190. The head of a clinical department is accountable to the council of physicians, dentists and pharmacists for

(1)  supervising the manner in which medicine, dentistry and pharmacy are practised in his department;

(1.1)  where applicable, supervising, subject to the responsibilities of the director of nursing care under subparagraphs 1 and 1.1 of the first paragraph of section 207, the activities referred to in the second paragraph of section 31 of the Medical Act (chapter M‐9) that are engaged in by nurses or other professionals of the department who are authorized to engage in those activities by a regulation of the board of directors of the Collège des médecins du Québec;

(2)  drawing up, for his department, rules governing medical and dental care and rules governing the use of medicines which take into account the necessity of providing adequate services to users and the organization and available resources of the institution;

(3)  giving his opinion on the privileges and status to be granted to a physician or dentist upon an application for appointment or renewal of appointment and on the obligations attached to the enjoyment of such privileges and, if a clinical department of pharmacy is formed in the hospital centre, giving his opinion on the status to be granted to a pharmacist upon an application for appointment.

Notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1), all records concerning the exercise of the roles described in subparagraphs 1 and 1.1 of the first paragraph shall be confidential. No person may have access to them except the council of physicians, dentists and pharmacists, the Administrative Tribunal of Québec or the representatives of a professional order in the performance of the duties assigned to it by law.

The rules drawn up under subparagraph 2 of the first paragraph must provide that the professional practice of physicians, dentists and pharmacists of clinical departments adhere to a single set of rules.

Where no clinical department head is designated or where the clinical department head is not a physician, dentist or pharmacist, the responsibilities listed in the first paragraph shall be exercised by the council of physicians, dentists and pharmacists.

Where the head of a clinical department neglects to draw up rules governing medical and dental care and rules governing the use of medicines, the board of directors may request that the council of physicians, dentists and pharmacists draw up such rules.

1991, c. 42, s. 190; 1992, c. 21, s. 70; 1994, c. 40, s. 457; 1997, c. 43, s. 725; 2002, c. 33, s. 24; 2008, c. 11, s. 212.

191. The rules governing the use of resources drawn up under subparagraph 3 of the first paragraph of section 189 must, in particular, provide that no bed may be reserved for a particular physician or dentist for users he treats and that in cases of necessity, the director of professional services or, if there is no such director, the physician designated for that purpose by the executive director may designate a department or service in which a bed must be put at the disposal of a user.

1991, c. 42, s. 191.

192. The rules governing the use of resources drawn up under subparagraph 3 of the first paragraph of section 189 shall come into force after having been approved by the board of directors which beforehand must have obtained the opinion of the council of physicians, dentists and pharmacists, where such a council exists.

The rules governing medical and dental care and the rules governing the use of medicines drawn up under subparagraph 2 of the first paragraph of section 190 shall come into force after having been approved by the board of directors which beforehand must have obtained the recommendation of the council of physicians, dentists and pharmacists, where such council exists and, as regards the rules governing medical care and the rules governing the use of medicines applicable to nurses authorized to engage in activities referred to in section 36.1 of the Nurses Act (chapter I‐8), the recommendation of the council of nurses.

1991, c. 42, s. 192; 2002, c. 33, s. 25.

§ 3 . — Executive director of a public institution

193. The executive director of a public institution shall be appointed by the members of the board of directors of that institution, after consulting the agency. Where the board of directors administers more than one institution, the executive director shall also act as the executive director of each of the institutions.

Where the executive director is absent or unable to act, the person designated for that purpose by the board of directors shall exercise the functions and powers of the executive director.

1991, c. 42, s. 193; 1992, c. 21, s. 21; 1998, c. 39, s. 70; 2001, c. 24, s. 36; 2005, c. 32, s. 227.

193.1. (Repealed).

1996, c. 36, s. 24; 1998, c. 39, s. 71.

194. The executive director, under the authority of the board of directors, is responsible for the administration and operation of every institution under the administration of the board and is responsible for the day-to-day management of its activities and resources. The executive director shall account for his management to the board of directors.

The executive director shall see to it that the decisions of the board of directors are carried out and that all the information the board of directors requires or needs in order to assume its responsibilities is transmitted to it.

1991, c. 42, s. 194; 2001, c. 24, s. 37.

195. The executive director of each institution must, in addition to performing the duties listed in section 194, see that the clinical activity taking place in the centre is coordinated and supervised.

1991, c. 42, s. 195.

196. Where a board of directors administers several institutions, the executive director must ensure the follow-up of decisions of the board of directors with regard to issues requiring inter-institutional coordination and advise the board of directors on the following matters:

(1)  the development of integrated processing policies in respect of issues of general importance to institutions such as capital investment, human resources, information systems and budget control;

(2)  the possible impact on a particular institution of decisions relating to common issues;

(3)  the possible impact of any decision relating to a particular institution on any other institution administered by the board.

1991, c. 42, s. 196.

197. The executive director shall not, under pain of forfeiture of office, have a direct or indirect interest in an enterprise placing his personal interest in conflict with that of the institution. However, forfeiture of office is not incurred if such an interest devolves to him by succession or gift, provided that he renounces it or that, having informed the board of directors, he disposes of it within the time fixed by the board.

An executive director who is forfeited of office becomes disqualified from holding any office or employment as a member of the managerial staff of any public institution or agency for the period of disqualification determined in the judgment. That period shall not exceed three years.

The board of directors, on ascertaining that the executive director is in a position of conflict of interest, shall take measures to institute proceedings for forfeiture of office against him. It shall also, within 10 days, inform the agency in writing of the situation, specifying the nature of the case and the measures it has taken.

The second paragraph of section 154, applies, with the necessary modifications to the executive director.

Section 155 applies to proceedings for forfeiture of office.

1991, c. 42, s. 197; 2005, c. 32, s. 227.

198. Every executive director must, within 60 days after his appointment, file with the board of directors a written statement mentioning any pecuniary interest he has in legal persons, partnerships or enterprises which may enter into a contract with any institution. The statement must be updated within 60 days of the acquisition of such an interest by the executive director and, each year, within 60 days from the anniversary of his appointment.

The executive director must, in addition, file with the board of directors, a written statement mentioning the existence of any contract of professional services entered into with an institution by a legal person, a partnership or an enterprise in which he has a pecuniary interest, within 30 days after the contract is entered into.

1991, c. 42, s. 198.

199. The executive director shall, under pain of forfeiture of office, devote himself exclusively to the work of the institution and the duties of his office.

He may, however, hold another employment, office or function or provide another service if no remuneration or direct or indirect benefit whatever is paid or granted to him therefor.

He may also, with the authorization of the board of directors, hold or provide, outside the health and social services sector, another employment, office, function or service for which remuneration or direct or indirect benefit of any kind is paid or granted to him.

He may also, with the authorization of the agency and the board of directors, hold or provide, within the health and social services sector, another employment, office, function or service for which remuneration or direct or indirect benefit of any kind is paid or granted to him. However, only the authorization of the board of directors is required in the case of an office or function held within an association grouping a majority of the institutions carrying out activities inherent in the mission of centres of the same type or within an association of executive directors of health services and social services recognized by order in council, for labour relations purposes, or within an institutional certification body.

He may also carry out any mandate entrusted to him by the Minister.

He may also hold an elective public office.

Section 155 applies to proceedings for forfeiture of office.

1991, c. 42, s. 199; 2005, c. 32, s. 227.

200. The board of directors must, on ascertaining that the executive director is violating any of the rules prescribed in section 199, suspend him without pay or take measures to institute proceedings for forfeiture of office against him, according to the seriousness of the contravention. It must also, within the following 10 days, inform the agency and the Minister of the situation and indicate to them the nature of the case and the measures it has taken. A suspension imposed under this paragraph may vary from three to six months.

An executive director who is forfeited of office becomes disqualified from holding any office or employment as member of the managerial staff of any public institution or agency for the period of disqualification determined in the judgment. That period shall not exceed three years.

1991, c. 42, s. 200; 2005, c. 32, s. 227.

201. The board of directors shall not appoint or dismiss the executive director except by way of a resolution adopted at a meeting called for that purpose by the vote of not less than two-thirds of its members.

The executive director cannot be present at a sitting of the board of directors of the institution while the board is discussing or deciding his dismissal, the reduction of the term of his appointment, suspension, remuneration, renewal of engagement or his other terms of employment.

1991, c. 42, s. 201; 2001, c. 24, s. 38.

§ 4 . — Director of professional services

202. A director of professional services must be appointed by every institution which operates a hospital centre and by the local authority. The director must be a physician and must be appointed after consultation with the council of physicians, dentists and pharmacists and, in the case of an institution operating a hospital centre designated as a university hospital centre or university institute, after consultation with the university with which the institution is affiliated.

A director of professional services may be appointed by any other institution.

1991, c. 42, s. 202; 1992, c. 21, s. 70; 2005, c. 32, s. 98.

203. Subject to the provisions of the organization plan of the institution and under the authority of the executive director, the director of professional services shall coordinate, with the other directors concerned, the professional and scientific activity of any centre operated by the institution.

1991, c. 42, s. 203.

204. Under the authority of the executive director, the director of professional services referred to in the first paragraph of section 202 must, in addition to the functions provided for in section 203,

(1)  direct, coordinate and supervise the activities of the clinical department heads which are provided for in section 189;

(2)  obtain the opinion of the clinical department heads on the administrative and financial consequences of the activities of the physicians and dentists of the various clinical departments;

(3)  apply the administrative sanctions provided for in the second paragraph of section 189 and inform thereof the council of physicians, dentists and pharmacists and the clinical department heads concerned;

(4)  supervise the operation of the committees of the council of physicians, dentists and pharmacists and ensure that the council monitors and assesses adequately the medical, dental and pharmaceutical acts performed in any centre operated by the institution;

(5)  take all necessary steps to ensure that any examination, autopsy or expertise required under the Act respecting the determination of the causes and circumstances of death (chapter R-0.2) is carried out;

(5.1)  discharge the obligations imposed by the Civil Code and the Public Curator Act (chapter C-81) regarding the protective supervision of incapable persons and mandates given by persons in anticipation of their incapacity;

(6)  carry out any other function provided for in the organization plan of the institution.

1991, c. 42, s. 204; 1998, c. 39, s. 72.

204.1. The director of professional services of an institution operating a general and specialized hospital shall, when a person whose death is imminent is a potential donor and, in accordance with the Civil Code, consent to the removal of organs or tissue from his body has been given, transmit with diligence to the agency or the person designated by the Minister all necessary medical information concerning the donor and the organs or tissue which could be removed.

The director of professional services shall be informed of such situations in accordance with the procedure established by the institution.

1993, c. 14, s. 1.

205. When an administrative sanction provided for in the second paragraph of section 189 is applied, the director of professional services must inform the physician or dentist of the grounds on which he based his decision and the physician or dentist may, if he disagrees with the decision, contest the decision before the Administrative Tribunal of Québec within 60 days of the date on which the decision was notified to him.

1991, c. 42, s. 205; 1997, c. 43, s. 726.

§ 5 . — Director of nursing care

1992, c. 21, s. 22.

206. A director of nursing care must be appointed by every institution operating a hospital centre and every local authority. A director of nursing care may be appointed by any other institution. The director of nursing care must be a nurse.

However, if there is no director of nursing care, the executive director shall designate a nurse to be in charge of nursing.

1991, c. 42, s. 206; 1992, c. 21, s. 23; 1992, c. 21, s. 70; 2005, c. 32, s. 99.

207. Under the authority of the executive director, the director of nursing care must, for each centre operated by the institution:

(1)  supervise and monitor the quality of nursing care dispensed in the centre;

(1.1)  where applicable, cooperate in the supervision of the activities referred to in section 36.1 of the Nurses Act (chapter I‐8);

(2)  ensure that rules governing nursing care which take into account the necessity of providing adequate and efficient services to the users as well as the organization and resources of the institution are drawn up;

(2.1)  where applicable, cooperate in determining the rules governing medical care and the rules governing the use of medicines applicable to nurses authorized to engage in activities referred to in section 36.1 of the Nurses Act;

(2.2)  where applicable, keep and update a register of the nurses authorized to engage in one or more of the activities referred to in section 36.1 of the Nurses Act;

(3)  promote the proper operation of the committees of the council of nurses and ensure that the nursing acts performed in the centre are properly assessed by the council.

Where there is no director of nursing care, these functions shall be carried out by the nurse in charge of nursing.

1991, c. 42, s. 207; 1992, c. 21, s. 23; 2002, c. 33, s. 26.

207.1. The director of nursing care may, for disciplinary reasons or on grounds of incompetence, particularly on the advice of the head of a clinical department or the director of professional services, limit or suspend a nurse’s right to engage in one or more of the activities referred to in section 36.1 of the Nurses Act (chapter I‐8) in the centre.

In urgent cases, if the director of nursing care is unable or fails to act, the head of a clinical department or the director of professional services may apply a measure referred to in the first paragraph for a period not exceeding five days. The head of a clinical department or the director of professional services shall notify the director of nursing care as soon as possible.

If the director of nursing care refuses to apply a measure referred to in the first paragraph, such a measure may be applied by the executive director of the institution after consultation with the council of physicians, dentists and pharmacists and the council of nurses.

The Ordre des infirmières et infirmiers du Québec must be informed of any measure applied under this section.

2002, c. 33, s. 27.

208. Subject to the provisions of a regulation under subparagraph 13 of the first paragraph of section 505 and under the authority of the executive director, the director of nursing care must, for each centre operated by the institution:

(1)  ensure appropriate distribution of nursing care in the centre;

(2)  plan, coordinate and evaluate nursing care in relation to the needs of the centre;

(3)  manage the human, material and financial resources under his governance;

(4)  carry out any other function for which provision is made in the organization plan.

1991, c. 42, s. 208; 1992, c. 21, s. 23.

§ 5.1 . — Midwifery services coordinator

1999, c. 24, s. 31.

208.1. Every institution that operates a local community service centre in which midwifery is practised shall appoint a midwifery services coordinator. The coordinator must be a midwife.

1999, c. 24, s. 31.

208.2. Under the authority of the executive director, the midwifery services coordinator must

(1)  supervise and assure the quality of the acts performed for the institution by midwives ;

(2)  define standards of care to be adhered to by midwives which take account of the necessity to provide appropriate and efficient services to the users and of the available resources of the institution ;

(3)  assume the functions provided for in the first paragraph of section 225.3, where applicable.

1999, c. 24, s. 31.

208.3. Subject to the provisions of the regulation made under subparagraph 13 of the first paragraph of section 505 and under the authority of the executive director, the midwifery services coordinator must

(1)  ensure appropriate distribution of the midwifery services dispensed for the institution ;

(2)  coordinate midwifery services in relation to the needs of the institution ;

(3)  assume the functions provided for in section 225.4, where applicable ;

(4)  assume any other function for which provision is made in the organization plan.

1999, c. 24, s. 31.

§ 6 . — Users’ committee

209. Each institution must set up a committee for the users of its services and, in the case of a public institution or of a private institution which is a party to an agreement under section 475, allocate to it the special budget provided for that purpose in its operating budget or, in the case of a private institution which is not a party to an agreement, the amount paid for that purpose by the Minister.

If the institution operates a centre offering in-patient services, it must set up an in-patients’ committee in each of the centre’s facilities.

The users’ committee is composed of at least five members elected by the users of the institution and of a representative designated by and from among the in-patients’ committees set up under the second paragraph.

The majority of the members must be users. However, if it is not possible to have a majority of users on the committee, the users may elect another person of their choice, provided that the person does not work for the institution or practise a profession in a centre operated by the institution.

An in-patients’ committee is composed of at least three members elected by the in-patients of the facility in conformity with the conditions set out in the fourth paragraph.

1991, c. 42, s. 209; 1992, c. 21, s. 24; 1992, c. 21, s. 70; 1998, c. 39, s. 73; 2005, c. 32, s. 100.

209.1. The term of office of the members of the users’ committee and the members of an in-patients’ committee may not exceed three years.

2005, c. 32, s. 101.

210. No person under curatorship may be a member of a users’ committee or an in-patients’ committee.

1991, c. 42, s. 210; 2005, c. 32, s. 102.

211. The executive director of the institution must foster the proper functioning of the users’ committee and of any in-patients’ committee and inform, in writing, every user of the existence of the committees.

He must make a room available for the committees’ activities and make it possible for their records to be kept confidential.

1991, c. 42, s. 211; 2005, c. 32, s. 103.

212. The functions of the users’ committee are

(1)  to inform users of their rights and obligations;

(2)  to foster the improvement of the quality of the living conditions of users and assess the degree of satisfaction of users with regard to the services obtained from the institution;

(3)  to defend the common rights and interests of users or, at the request of a user, his rights and interests as a user before the institution or any competent authority;

(4)  to accompany and assist a user, on request, in any action he undertakes, including the filing of a complaint in accordance with Divisions I, II and III of Chapter III of Title II of this Act or the Act respecting the Health and Social Services Ombudsman (chapter P‐31.1);

(5)  to ensure the proper operation of each of the in-patients’ committees, if applicable, and see that they have the resources necessary to exercise their functions.

In addition, the users’ committee must adopt operating rules, submit an annual report of its activities to the board of directors and, on request, transmit a copy of that report to the agency.

1991, c. 42, s. 212; 1998, c. 39, s. 74; 2001, c. 43, s. 47; 2005, c. 32, s. 104.

212.1. An in-patients’ committee must exercise the functions set out in subparagraphs 1 to 3 of the first paragraph of section 212 for the users residing in the facility, and report to the users’ committee.

2005, c. 32, s. 105.

§ 7 . — Council of physicians, dentists and pharmacists

213. A council of physicians, dentists and pharmacists shall be established for every institution which operates one or more centres in which not fewer than five physicians, dentists or pharmacists are practising.

The council shall be composed of all the physicians, dentists and pharmacists practising in any centre operated by the institution who have the status required by regulation made under paragraph 3 of section 506.

The board of directors established under section 125 or 128 must, however, after consulting the physicians, dentists and pharmacists concerned and the executive committee of the councils of physicians, dentists and pharmacists, if any, provide for a single council of physicians, dentists and pharmacists to be instituted for all the institutions under its administration.

The council shall be composed of all the physicians, dentists and pharmacists practising in any centre operated by each institution and who have the status required by regulation referred to in the second paragraph.

1991, c. 42, s. 213; 1996, c. 36, s. 25; 2001, c. 24, s. 39; 2005, c. 32, s. 106.

214. In accordance with the by-laws of the institution, the council of physicians, dentists and pharmacists is, for each centre operated by the institution, responsible to the board of directors

(1)  for controlling and assessing the quality, including the pertinence, of the medical, dental and pharmaceutical acts performed in the centre;

(2)  for assessing and maintaining the professional standards of the physicians, dentists and pharmacists practising in the centre;

(3)  for making recommendations on the qualifications and competence of a physician or dentist who applies for appointment or the renewal of an appointment and on the privileges and the status to be granted to him;

(4)  for making recommendations on the qualifications and competence of a pharmacist who applies for appointment and on the status to be granted to him;

(5)  for giving its opinion on the disciplinary measures the board of directors should impose on physicians, dentists or pharmacists;

(6)  for making recommendations on the rules governing medical and dental care and on the rules governing the use of medicines applicable in the centre and formulated by each clinical department head;

(7)  for making recommendations on the obligations which may be attached to the enjoyment of the privileges granted to a physician or a dentist by the board of directors, in relation to the specific requirements of the centre, particularly those concerning

(a)  the participation of a physician or dentist in the clinical activities of the centre, including being on duty;

(b)  the participation of a physician or dentist in teaching and research activities, where the case arises;

(c)  the participation of a physician or dentist in professional, scientific, medical or administrative committees;

(d)  the participation of a physician or dentist in medical activities pursuant to an agreement referred to in sections 108 and 109;

(8)  for developing the modalities of a duty roster system ensuring, on a permanent basis, the availability of physicians, dentists and, where the case arises, pharmacists and clinical biochemists, according to the needs of the centre;

(9)  for giving its opinion on the professional aspects of the following questions:

(a)  the technical and scientific organization of the centre;

(b)  the rules governing the utilization of the resources referred to in subparagraph 3 of the first paragraph of section 189 and on the administrative sanctions to be included therein;

(10)  for making recommendations on the professional aspects of the appropriate distribution of medical and dental care and pharmaceutical services, and on the medical organization of the centre;

(11)  for carrying out any other function entrusted to it by the board of directors.

In exercising the functions described in subparagraphs 1 and 2 of the first paragraph and in exercising functions following the filing of a complaint in a case described in section 249, the council of physicians, dentists and pharmacists may, with the authorization of the board of directors, call on an expert from outside the institution. The expert shall have access to the user’s record in the same way as the council of physicians, dentists and pharmacists if the expert needs the information contained in the record for the exercise of his or her functions.

In exercising its functions, the council of physicians, dentists and pharmacists shall take into account the necessity of providing adequate and efficient services to users and the organization and available resources of the institution.

The council of physicians, dentists and pharmacists must report annually to the board of directors concerning the carrying out of its functions and its resulting opinions.

1991, c. 42, s. 214; 2001, c. 43, s. 48; 2005, c. 32, s. 107.

215. The council of physicians, dentists and pharmacists shall give its opinion to the executive director on the administrative aspects of the following questions:

(1)  the measures to be taken in order to ensure that the medical, dental and pharmaceutical services provided in the centre are complementary to those provided in a centre operated by another institution of the region and respond to the needs of the population to be served, taking into account the resources available and the necessity of providing adequate services;

(2)  the rules governing the utilization of resources referred to in subparagraph 3 of the first paragraph of section 189 and the administrative sanctions to be included therein;

(3)  the technical and scientific organization of the centre;

(4)  the appropriate distribution of medical and dental care and pharmaceutical services, and the medical organization of the centre;

(5)  any other question brought to its attention by the executive director.

1991, c. 42, s. 215.

216. The council of physicians, dentists and pharmacists may adopt by-laws concerning its internal management, the creation and operation of committees and the pursuit of its objects. The by-laws come into force after having been approved by the board of directors.

1991, c. 42, s. 216.

217. The responsibilities of the council of physicians, dentists and pharmacists shall be exercised by an executive committee composed of not fewer than five physicians, dentists or pharmacists designated by the council, of the executive director and of the director of professional services or, where a director of professional services has not been appointed, of the physician designated by the executive director.

The executive committee shall exercise all the powers of the council of physicians, dentists and pharmacists.

1991, c. 42, s. 217.

218. Notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the records and minutes of the council of physicians, dentists and pharmacists and of each of its committees are confidential.

However, a medical examiner and the members of the review committee established under section 51 may examine the professional record of a member of the council of physicians, dentists and pharmacists where the information contained in the record is needed for the exercise of their functions.

Moreover, the members of the board of directors may have access to relevant extracts from the professional record of a member of the council of physicians, dentists and pharmacists that contain information needed for the making of a decision regarding possible disciplinary measures against a physician, dentist or pharmacist in accordance with the procedure determined by a regulation under paragraph 2 of section 506.

No person may have access to the minutes of a committee of the council of physicians, dentists and pharmacists except the members of the committee, the members of the executive committee of the council, the Administrative Tribunal of Québec or the representatives of a professional order in the performance of the duties assigned to it by law.

No person may have access to the minutes of the council of physicians, dentists and pharmacists except the members of the council, the members of the executive committee of the council, the Administrative Tribunal of Québec or the representatives of a professional order in the performance of the duties assigned to it by law.

1991, c. 42, s. 218; 1994, c. 40, s. 457; 1997, c. 43, s. 727; 2001, c. 43, s. 49.

§ 8 . — Council of nurses

219. A council of nurses shall be established for every public institution operating one or more centres in which at least five nurses are employed.

The council is composed of all the nurses performing their duties in a centre operated by the institution.

The board of directors established under section 125 or 128 must, however, provide that a single council of nurses be established for all of the institutions under its administration.

Such a council is composed of all the nurses performing their duties in any of the centres operated by each of the institutions.

1991, c. 42, s. 219; 1992, c. 21, s. 25; 1996, c. 36, s. 26; 2001, c. 24, s. 40; 2005, c. 32, s. 108.

220. The council of nurses, in accordance with the by-laws of the institution and for each centre operated by the institution, is accountable to the board of directors for

(1)  assessing, generally, the quality of the nursing acts performed in the centre and, where applicable, in cooperation with the council of physicians, dentists and pharmacists, the quality of the activities referred to in section 36.1 of the Nurses Act (chapter I‐8) engaged in in the centre;

(2)  making recommendations on the rules of nursing care applicable to their members in the centre;

(2.1)  making recommendations on the rules governing medical care and the rules governing the use of medicines applicable to their members in the centre;

(3)  making recommendations on the proper distribution of care dispensed by their members in the centre;

(4)  assuming any other function entrusted to it by the board of directors.

The council of nurses must submit an annual report to the board of directors concerning the carrying out of its functions and its resulting opinions.

1991, c. 42, s. 220; 2002, c. 33, s. 28.

221. In accordance with the by-laws of the institution, the council of nurses shall, for each centre operated by the institution, give its opinion to the executive director on the following questions:

(1)  the scientific and technical organization of the centre;

(2)  the means to be used to assess and maintain the professional standards of nurses;

(3)  any other question brought to its attention by the executive director.

1991, c. 42, s. 221.

222. The council of nurses may adopt by-laws concerning its internal management, the creation and operation of committees and the pursuit of its objects. The by-laws come into force after having been approved by the board of directors.

1991, c. 42, s. 222.

223. The council of nurses must form a nursing assistants committee. The committee shall be composed of at least three persons selected by and from among the persons performing nursing assistant’s activities for the institution.

The functions of the committee are

(1)  to assess the quality of nursing care provided by persons performing nursing assistant’s activities for the institution;

(2)  to give its opinion on the means to be used to assess and maintain the professional standards of the group of persons performing nursing assistant’s activities for the institution;

(3)  make recommendations on the proper distribution of the care dispensed by persons performing nursing assistant’s activities for the institution.

The committee may adopt by-laws concerning its internal management, its operation and the pursuit of its objects. The by-laws come into force after having been approved by the executive committee of the council of nurses.

The nursing assistants committee shall report to the executive committee of the council of nurses.

1991, c. 42, s. 223; 1992, c. 21, s. 26; 2005, c. 32, s. 109.

224. The responsibilities of the council of nurses shall be exercised by an executive committee composed of at least four nurses designated by the council, the chairman and another member of the nursing assistants committee, the executive director and the director of nursing care or, if there is no director of nursing care, the nurse in charge of nursing care designated by the executive director.

The executive committee shall exercise all the powers of the council of nurses.

1991, c. 42, s. 224; 1992, c. 21, s. 27; 2005, c. 32, s. 110.

225. Every recommendation of the nursing assistants committee that is not accepted by the executive committee of the council of nurses must be forwarded to the board of directors of the institution accompanied with the reasons for its non-acceptance.

1991, c. 42, s. 225; 1992, c. 21, s. 28.

§ 8.1 . — Council of midwives

1999, c. 24, s. 32.

225.1. A council of midwives shall be established for every public institution which operates a local community service centre and has entered into a service contract pursuant to section 259.2 with not fewer than five midwives.

The council shall be composed of all the midwives who have entered into such a contract with the institution.

1999, c. 24, s. 32; 2001, c. 24, s. 41; 2005, c. 32, s. 111.

225.2. Notwithstanding section 225.1, an institution may, on the joint recommendation of the midwives practising under a service contract entered into with the institution and of the council of physicians, dentists and pharmacists of the institution, designate the council of physicians, dentists and pharmacists to exercise the functions of the council of midwives established under section 225.3. In such a case, the midwives practising under a service contract shall form part of the council of physicians, dentists and pharmacists, and shall appoint three of their number to sit on the executive committee of the council if such a committee is formed. They shall participate in the deliberations of the council and of the executive committee, if any, but have the right to vote only on matters relating to the functions of the council of midwives.

1999, c. 24, s. 32.

225.3. In accordance with the regulations of the institution, the council of midwives is responsible to the board of directors for

(1)   monitoring and assessing, generally, the quality and pertinence of the acts performed by midwives for the institution ;

(2)  making recommendations on the standards of care to be adhered to by council members ;

(3)  making recommendations on the appropriate distribution of the services provided by council members ;

(4)  making recommendations on the qualifications and competence of a midwife who has submitted an application to the board of directors for the purpose of entering into a contract with the institution pursuant to section 259.2 ;

(5)  making recommendations on the obligations to be attached to the practice of midwifery under a service contract made pursuant to section 259.2 ;

(6)  assuming any other function assigned to it by the board of directors.

The council of midwives must report annually to the board of directors on the carrying out of its functions and its resulting opinions.

If there is no council of midwives and section 225.2 is not applied, the midwifery services coordinator shall carry out the functions described in the first paragraph.

1999, c. 24, s. 32.

225.4. In accordance with the by-laws of the institution, the council of midwives or, where there is no such council, the midwifery services coordinator, is responsible for advising the executive director on the following matters :

(1)  the scientific and technical organization of the local community service centre ;

(2)  the means to be used to assess and maintain the professional standards of midwives ;

(3)  any other matter submitted by the executive director.

1999, c. 24, s. 32.

225.5. The council of midwives may adopt by-laws concerning its internal management, the creation and operation of committees and the pursuit of its objects. The by-laws come into force after they are approved by the board of directors.

1999, c. 24, s. 32.

225.6. The responsibilities of the council of midwives shall be exercised by an executive committee composed of not fewer than three midwives, designated by the council, and the executive director.

The executive committee shall exercise all the powers of the council of midwives.

1999, c. 24, s. 32.

§ 9 . — Multidisciplinary council

226. A multidisciplinary council shall be established for each public institution, provided the institution operates one or more centres in which at least five people who qualify for membership in the council work.

The council shall be composed of all persons holding college or university diplomas who perform functions for the institution which are specific to the field of activity in which the diploma was granted and which are directly related to health services, social services, research or teaching, and of persons performing nursing assistants activities for the institution.

However, no physician, dentist, pharmacist or midwife may be a member of the multidisciplinary council.

Similarly, no nurse or person performing nursing assistants activities may be a member of the multidisciplinary council if a nursing council has been established for the institution.

The board of directors established under section 125 or 128 must, however, provide that only one multidisciplinary council will be established for all the institutions under its administration. Such a council shall be composed of all the persons referred to in this section who perform their duties in one of the centres operated by the institutions.

1991, c. 42, s. 226; 1992, c. 21, s. 29; 1996, c. 36, s. 27; 1998, c. 39, s. 75; 1999, c. 24, s. 33; 2001, c. 24, s. 42; 2005, c. 32, s. 112.

227. Subject to the provisions of sections 214 and 220, the multidisciplinary council is accountable to the board of directors for

(1)  forming, whenever required, the joint committees needed to assess and improve the quality of the professional activities engaged in by any of its members in any centre operated by the institution;

(2)  making recommendations on the proper distribution of care and services dispensed by its members, taking into account the local conditions of practice required to ensure quality services in every centre operated by the institution;

(3)  carrying out any other function entrusted to it by the board of directors.

The multidisciplinary council must submit an annual report to the board of directors on the carrying out of its functions and its resulting opinions.

1991, c. 42, s. 227.

228. In accordance with the by-laws of the institution, the multidisciplinary council is, for each centre operated by the institution, accountable to the executive director for giving its opinion on the following questions:

(1)  the scientific and technical organization of the centre;

(2)  the means to be used to assess and maintain the professional standards of its members;

(3)  any other question brought to its attention by the executive director.

1991, c. 42, s. 228.

229. The multidisciplinary council may adopt by-laws concerning its internal management, the creation and operation of committees and the pursuit of its objects. The by-laws come into force after having been approved by the board of directors.

1991, c. 42, s. 229.

230. The responsibilities of the multidisciplinary council shall be exercised by an executive committee composed of at least three persons, elected by and from among the members of the council, who hold different positions and who, where applicable, are members of different professional orders, and of the executive director and the person he designates for such purpose.

1991, c. 42, s. 230; 1994, c. 40, s. 457.

§ 10 . — Staff

231. Every public or private institution under agreement must adopt a three-year staffing and personnel development action plan, with the participation of its employees and, if applicable, of the unions to which they belong. The action plan is communicated to all personnel members and sent to the agency.

The plan shall contain policies relating to the induction of the employees, their motivation, the enrichment of their tasks, the maintenance of their professional standards, subject to the responsibilities entrusted to the multidisciplinary council and to the council of nurses, where applicable, and policies relating to the assessment of their performance, their professional development, their mobility, the preparation of their successors and the development of their career.

The plan must be assessed and updated every year, with the participation of the employees of the institution and the unions to which they belong, where that is the case.

1991, c. 42, s. 231; 2005, c. 32, s. 113.

232. Every public institution must, once a year, hold a meeting with the personnel at which, among other topics, the priorities and orientations favoured by the board of directors for the purposes of section 171 shall be discussed.

1991, c. 42, s. 232.

233. Every institution must adopt a code of ethics which shall set out the rights of the users and the practices and conduct expected, with respect to the users, from the employees, the trainees, including medical residents, and the professionals practising in a centre operated by the institution.

The code of ethics must also set out the rules governing the use of the information referred to in sections 27.3 and 107.

The institution must give a copy of the code of ethics to every user who is an in-patient or who makes a request therefor.

1991, c. 42, s. 233; 2005, c. 32, s. 114.

233.1. Any employee of an institution, any person practising in a centre operated by an institution, any person undergoing training in such a centre or any person who, under a service contract, provides services to users on behalf of an institution must, as soon as possible after becoming aware of any incident or accident, report it to the executive director of the institution or to a person designated by the executive director. Such incidents or accidents shall be reported in the form provided for such purposes, which shall be filed in the user’s record.

The executive director of the institution or the person designated by the executive director shall report, in non-nominative form, all reported incidents or accidents to the agency at agreed intervals or whenever the agency so requires.

2002, c. 71, s. 10.

234. The board of directors of a public institution must, by by-law, determine the standards applicable to a senior management officer or middle management officer as regards conflict of interest as well as standards applicable to a senior management officer as regards exclusivity of office.

No senior management officer or middle management officer may contravene any of the standards prescribed pursuant to the first paragraph, under pain of sanctions which may go as far as dismissal.

1991, c. 42, s. 234; 1998, c. 39, s. 76.

235. The board of directors of a public institution must, by by-law, establish measures to prevent or put an end to the conflicts of interest that may arise from the awarding of a contract by the institution to a person employed by the institution or a person practising a profession in a centre operated by the institution, or from the awarding of a contract by the institution to an enterprise in which such a person has a direct or indirect interest.

1991, c. 42, s. 235; 1998, c. 39, s. 76.

235.1. The board of directors of an institution shall, by by-law, establish rules to be followed, on the occurrence of an accident, so that all the necessary information is disclosed to the user, to the representative of an incapable user of full age or, in the event of the user’s death, to the persons referred to in the first paragraph of section 23.

The board of directors shall also establish, in the same manner, support measures, including the appropriate care, to be made available to such a user, such a representative or such persons and measures to prevent such an accident from recurring.

2002, c. 71, s. 11.

236. A physician, dentist or midwife other than a member of the managerial staff of the institution is deemed not to be a member of the staff of the institution.

1991, c. 42, s. 236; 1999, c. 24, s. 34.

§ 11 . — Physicians, dentists and pharmacists

237. A physician or dentist wishing to practise at a centre operated by an institution must make an application for appointment or renewal of appointment to the executive director in the manner provided by regulation under paragraph 1 of section 506.

Except on notice to the contrary, a physician or dentist shall be deemed to have made an application for renewal of appointment on the same terms as his last application.

The executive director shall, in writing, inform the physician or dentist making an application for appointment of the state of the organization plan and of the medical and dental staffing plan of the institution as approved by the agency.

Where a council of physicians, dentists and pharmacists has been established for the institution, the executive director shall, before referring the application to the board of directors, obtain from the council of physicians, dentists and pharmacists a recommendation concerning the qualifications and competence of the physician or dentist, the status and privileges that should be granted to him by virtue of his appointment and the obligations that may be attached to the enjoyment of the privileges granted by the board of directors.

1991, c. 42, s. 237; 2005, c. 32, s. 115.

238. The decision of the board of directors to accept or refuse a physician’s or dentist’s application for appointment shall take into account the organization plan of the institution, the number of physicians and dentists authorized in the medical and dental staffing plan, the resources available, the specific requirements of the institution and, where applicable, the supra-regional vocation of the institution as determined by the Minister under section 112.

The board of directors may also refuse a physician’s or dentist’s application for appointment on the basis of the fact that the physician or dentist, in the course of the three preceding years, has failed to give the council the prior notice required under section 254.

The board of directors may also refuse a physician’s or dentist’s application for appointment on the basis of criteria of qualifications, scientific competence or conduct of the physician or dentist, having regard to the specific requirements of the institution.

An application for renewal of appointment may be refused by the board of directors only on the basis of criteria of qualifications, scientific competence or conduct of the physician or dentist, having regard to the specific requirements of the institution, and fulfilment of the obligations attached to the enjoyment of the privileges granted.

If the institution operates a centre designated as a university hospital centre or university institute, the board of directors must also consult the university with which the institution is affiliated and, in addition, before accepting or refusing an application, take into account the distribution of the clinical, research and teaching tasks among the physicians, having regard to the specific requirements of the institution.

1991, c. 42, s. 238; 1992, c. 21, s. 70; 1998, c. 39, s. 77; 2005, c. 32, s. 116.

239. Subject to sections 243.1 and 248, the board of directors may not, on pain of absolute nullity, grant privileges to a physician or dentist if the number of physicians or dentists authorized in the medical and dental staffing plan of the institution has been reached.

1991, c. 42, s. 239; 1998, c. 39, s. 78; 2001, c. 24, s. 43.

240. Except in the cases provided for in sections 243.1 and 248, the board of directors must, before granting a physician’s or dentist’s application for privileges, obtain the approval of the agency; the agency must approve the application if it is in conformity with the medical and dental staffing plan of the institution, approved in accordance with section 378.

1991, c. 42, s. 240; 1998, c. 39, s. 79; 2001, c. 24, s. 44; 2005, c. 32, s. 227.

240.1. Where the agency has reason to believe that privileges have been granted to a physician by an institution in contravention of section 240, the agency shall conduct an inquiry in accordance with section 414; the agency shall communicate the results of its inquiry to the Minister, the institution and the physician concerned.

2001, c. 24, s. 44; 2005, c. 32, s. 227.

240.2. Where the results of the inquiry show that the institution contravened section 240, the agency may, for each month during which the physician is granted privileges in contravention of that section, reduce the operating budget of that institution by an amount equivalent to 1/12 of the annual average remuneration paid to a general practitioner or a medical specialist, as the case may be, by the Régie de l’assurance maladie du Québec in the preceding year.

Moreover, if the results of the inquiry show that the physician is a party to a contravention under section 240, the agency may bring a proceeding to annul pursuant to section 239.

2001, c. 24, s. 44; 2005, c. 32, s. 227.

241. The board of directors shall transmit to the physician or dentist a decision in writing within 90 days after receipt of the application for appointment or renewal of appointment. In addition, the reasons for any refusal must be given in writing.

1991, c. 42, s. 241.

242. The resolution of the board of directors accepting a physician’s or dentist’s application for appointment or renewal of appointment must set out, in addition to the status assigned in accordance with the regulation made under paragraph 3 of section 506, the privileges and the period for which they are granted, the nature and range of the medical or dental activities that a physician or dentist will be allowed to engage in at the centre, and the undertaking of the physician or dentist to fulfil the obligations attached to the enjoyment of the privileges and determined on the recommendation of the council of physicians, dentists and pharmacists.

Where the institution operates a hospital centre, the resolution of the board of directors must also specify in which clinical department or service the privileges granted may be exercised. In addition, where an institution operates a hospital centre designated as a university hospital centre or a university institute, the board’s resolution must specify, if applicable, the breakdown of the clinical, research and teaching tasks assigned to that physician or dentist.

Privileges are granted for a maximum period of three years. They are renewed for a minimum period of two years, unless the application for renewal is for a period of less than two years.

1991, c. 42, s. 242; 1992, c. 21, s. 70; 2005, c. 32, s. 117.

242.1. The resolution of the board of directors accepting a physician’s or dentist’s application for appointment must also specify that the appointment of the physician or dentist is in conformity with the medical and dental staffing plan of the institution approved by the agency, that the agency has approved the application of the physician or dentist in accordance with section 240 and that the physician or dentist has been informed of that approval.

2001, c. 24, s. 45; 2005, c. 32, s. 227.

243. The physician or dentist may not practise at the centre operated by the institution and enjoy the privileges granted to him by the board of directors on the terms set out in the resolution adopted by the board of directors unless the physician or dentist produces a document in which he or she acknowledges having read the resolution.

1991, c. 42, s. 243; 2002, c. 66, s. 5.

243.1. Where the appointment of a physician or dentist is intended solely to provide for the replacement of a physician or dentist whose appointment has been duly accepted by the board of directors but who is absent or temporarily unable to practise, the application for appointment is not subject to the provisions relating to the institution’s medical and dental staffing plan.

Any appointment made following such an application is valid only for the duration of the absence or inability to practise of the physician or dentist concerned and, notwithstanding any inconsistent provision of this subdivision, may not be the subject of an application for renewal.

1998, c. 39, s. 80.

244. The board of directors of an institution bound by a contract of affiliation to a university in accordance with section 110 shall assign the status of medical resident to a person holding a doctoral degree in medicine who is undergoing a post-doctoral training program at a centre operated by the institution.

1991, c. 42, s. 244.

245. Every three months the board of directors must inform the agency of all applications for appointment or renewal of appointment that have been accepted by the board of directors.

1991, c. 42, s. 245; 2005, c. 32, s. 227.

246. A pharmacist wishing to practise at a centre operated by an institution must make an application for appointment to the executive director in the manner provided by regulation under paragraph 1 of section 506.

Where a council of physicians, dentists and pharmacists has been established for the institution, the executive director shall, before referring the application to the board of directors, obtain from the council of physicians, dentists and pharmacists a recommendation concerning the qualifications and competence of the pharmacist submitting the application.

1991, c. 42, s. 246.

247. The pharmacist may practise at the centre operated by the institution upon appointment by the board of directors. If the pharmacist practises at a centre where a council of physicians, dentists and pharmacists has been established, the board of directors shall grant him a status in accordance with the regulation made under paragraph 3 of section 506.

1991, c. 42, s. 247.

248. The director of professional services, the chairman of the council of physicians, dentists and pharmacists or the head of a clinical department may, in case of emergency, temporarily authorize a physician, dentist or pharmacist to practise at a centre operated by the institution. In such a case, the person who granted the authorization must immediately notify the executive director. The authorization is valid for a maximum period of three months and it is not renewable.

Where the time required for obtaining the authorization may be prejudicial to a user, any physician, dentist or pharmacist may, without such authorization, give the care or services required by the state of health of the user.

1991, c. 42, s. 248.

249. The board of directors may take disciplinary measures against a physician or dentist.

The disciplinary measures that may be taken include a reprimand, a change in status, the withdrawal of privileges, the suspension of status or privileges for a specific period and the cancellation of status or privileges. They may also include a recommendation that the physician or dentist serve a period of refresher training, take a refresher course or both, and may, if necessary, restrict or suspend some or all of the physician’s or dentist’s privileges for the duration of the refresher period.

Every disciplinary measure taken against a physician or dentist must give reasons and be based solely on lack of qualifications, scientific incompetence, negligence, misconduct, non-compliance with the by-laws of the institution, having regard to the specific requirements of the institution, or non-compliance with the terms set out in the resolution referred to in section 242.

The disciplinary measures must be imposed in accordance with the procedure prescribed by regulation under paragraph 2 of section 506.

The executive director must send a copy of the decision to the professional order concerned.

1991, c. 42, s. 249; 1994, c. 40, s. 457; 2001, c. 43, s. 50.

250. The board of directors of an institution may also take disciplinary measures against a pharmacist after having obtained the opinion of the council of physicians, dentists and pharmacists, if any.

Disciplinary measures range from reprimand to dismissal. They may include a recommendation that the pharmacist serve a period of refresher training, take a refresher course or both, and may, if necessary, restrict or suspend the pharmacist’s activities for the duration of the refresher period.

The fourth and fifth paragraphs of section 249 apply, with the necessary modifications, to disciplinary measures taken against a pharmacist.

1991, c. 42, s. 250; 2001, c. 43, s. 51.

251. The director of professional services, the chairman of the council of physicians, dentists and pharmacists, the head of the clinical department concerned or, if these persons are absent or unable to act, or fail to act, the executive director may, in case of emergency, suspend the privileges of a physician or dentist practising at the centre.

The director of professional services, the chairman of the council of physicians, dentists and pharmacists, the head of the clinical department of pharmacy or, if these persons are absent or unable to act, or fail to act, the executive director may, in case of emergency, suspend the status of a pharmacist practising at the centre.

A person who makes the decision to suspend the privileges of a physician or a dentist or the status of a pharmacist must immediately notify the chairman of the executive committee of the council of physicians, dentists and pharmacists and, within 48 hours, send him a report.

A suspension is valid until the board of directors has made a decision in that regard, but it may not exceed a period of 10 days.

1991, c. 42, s. 251; 1999, c. 40, s. 269.

252. A physician or dentist who is not satisfied with a decision rendered in his regard on the basis of criteria of qualification, scientific competence, conduct or concerning disciplinary measures may, within 60 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

He may also apply to the Tribunal within 60 days of the expiry of the time prescribed in section 241, as if the decision were unfavourable, if no decision on his application for appointment has been sent to him within the time prescribed in that section.

1991, c. 42, s. 252; 1997, c. 43, s. 728.

253. A pharmacist who is not satisfied with a decision rendered in his regard under section 250 may, within 60 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

1991, c. 42, s. 253; 1997, c. 43, s. 729.

254. A physician or dentist who decides to cease to practise in a centre must give prior notice of at least 60 days to the board of directors.

The decision of the physician or dentist becomes irrevocable upon receipt of the notice by the board of directors, and takes effect at the end of the period indicated in the notice.

1991, c. 42, s. 254.

255. Notwithstanding section 254, the board of directors may authorize a physician or dentist to cease to practise in the centre without prior notice or with notice of less than 60 days if it considers that his leaving does not affect the quality or adequacy of the medical or dental services offered to the population served by the centre.

1991, c. 42, s. 255.

256. The board of directors must, every three months, notify the agency whenever a physician or a dentist has made the decision to cease to practise in accordance with sections 254 and 255.

1991, c. 42, s. 256; 2005, c. 32, s. 227.

257. A physician or dentist who ceases to practise in a centre without the authorization of the board of directors and without giving prior notice of at least 60 days or before the end of the period indicated in the notice becomes, from the date fixed by the Régie de l’assurance maladie du Québec, a non-participating professional for the purposes of the Health Insurance Act (chapter A-29) for a period equal to twice the number of days remaining of the notice given.

The board of directors shall forthwith inform the Régie that the physician or dentist has left, and shall indicate the period for which he becomes a non-participating professional. During that period, the physician may not practise in a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3.

Where, on the advice of the council of physicians, dentists and pharmacists, as the case may be, the board of directors believes that the departure of a physician or dentist may affect the quality or adequacy of the medical or dental services offered to the population served by a centre, it shall inform the Ordre professionnel des médecins du Québec or the Ordre professionnel des dentistes du Québec, as the case may be, in writing.

1991, c. 42, s. 257; 1994, c. 40, s. 457; 1999, c. 89, s. 53; 2006, c. 43, s. 9.

258. Every physician or dentist practising in a centre must hold a valid professional liability insurance policy for himself and his succession, accepted by the board of directors, and he must, each year, establish that the policy is in force.

However, a physician may fulfil his obligation under the first paragraph by furnishing each year to the board of directors proof that he is a member of the Canadian Medical Protective Association.

1991, c. 42, s. 258.

259. No institution may pay any remuneration or grant any direct or indirect benefit to a physician practising under the plan established by the Health Insurance Act (chapter A-29) for services insured under that plan which are provided in a centre it operates, nor may it pay any remuneration or grant any such benefit to that physician as consideration for the performance of any other activity in the centre, except to the extent prescribed by regulation of the Government made under subparagraph 22 of the first paragraph of section 505.

1991, c. 42, s. 259.

The following words are not in force:

“nor may it pay any remuneration or grant any such benefit to that physician as consideration for the performance of any other activity in the centre, except to the extent prescribed by regulation of the Government made under subparagraph 22 of the first paragraph of section 505”.

These words will come into force on the date to be fixed by order of the Government (1991, c. 42, s. 622).

259.1. The physicians and dentists who render services, in a centre operated by an institution, for the carrying out of managerial functions determined by a government regulation under the first paragraph of section 506.1 shall be paid under a program of which the administration is entrusted to the Régie de l’assurance maladie du Québec by the Government. Such services shall be remunerated in accordance with an agreement entered into under section 19 of the Health Insurance Act (chapter A-29).

1992, c. 21, s. 30; 1999, c. 89, s. 53.

§ 11.1 . — Midwives

1999, c. 24, s. 35.

259.2. A midwife who wishes to practise midwifery for an institution that operates a local community service centre designated by the agency must submit an application to the board of directors of the institution for the purpose of entering into a service contract with the institution.

The board of directors must, in such a case, obtain the recommendations referred to in subparagraph 4 of the first paragraph of section 225.3.

1999, c. 24, s. 35; 2005, c. 32, s. 118.

259.3. The board of directors shall accept or refuse the application of a midwife having regard to the organization plan of the institution and the resources available.

The board of directors may also refuse the application of a midwife on the basis of criteria relating to qualifications, competence or conduct.

1999, c. 24, s. 35.

259.4. The board of directors must transmit a written decision to the midwife within 90 days after receiving the application. If an application is refused, the reasons therefor must be given in writing.

1999, c. 24, s. 35.

259.5. A service contract entered into with a midwife pursuant to section 259.2 must specify the rights and obligations of the midwife that are attached to the practice of midwifery for the institution.

The contract shall be entered into for a term of not more than three years and is renewable upon its expiry. Mechanisms for the termination of the contract before its expiry and the circumstances allowing such termination must also be provided in the contract.

1999, c. 24, s. 35.

259.6. The board of directors may, after consultation with the council of midwives, the council of physicians, dentists and pharmacists or the midwifery services coordinator, as the case may be, take disciplinary measures against a midwife. The disciplinary measures that may be taken include a reprimand, modification or withdrawal of one or more rights under the contract and cancellation of the contract.

Every decision to take a disciplinary measure against a midwife must specify the reasons therefor and be based solely on lack of qualifications, incompetence, negligence, misconduct, non-compliance with the regulations of the institution or non-performance of the obligations determined in the contract.

Disciplinary measures must be taken in accordance with the procedure prescribed by a regulation of the Government made under section 506.2.

The executive director must send a copy of the decision to the professional order.

1999, c. 24, s. 35.

259.7. In urgent cases, the midwifery services coordinator, the chair of the council of midwives or, where section 225.2 applies, the chair of the council of physicians, dentists and pharmacists or, if such persons are absent or fail to act, the executive director may suspend a midwife’s right to practise under a service contract.

The person imposing the suspension must immediately inform the chair of the executive committee of the council of midwives or, where section 225.2 applies, the chair of the council of physicians, dentists and pharmacists, and send a report within 48 hours.

The suspension is valid until the board of directors has made a decision on the suspension, but may not exceed 10 days.

1999, c. 24, s. 35.

259.8. A midwife who is not satisfied with a decision rendered on the basis of criteria relating to qualifications, competence or conduct or with a decision concerning disciplinary measures may, within 60 days of receiving notification thereof, contest the decision before the Administrative Tribunal of Québec.

The midwife may also apply to the Tribunal within 60 days of the expiry of the time fixed in section 259.4, as if the decision were unfavourable, if no decision on the midwife’s application concerning the making of a service contract has been received by the midwife within the time fixed in that section.

1999, c. 24, s. 35.

259.9. Midwives practising under a service contract entered into pursuant to section 259.2 must hold, for themselves and their succession, a valid liability insurance policy, accepted by the board of directors, and they must, each year, furnish proof that the policy is in force.

However, midwives may satisfy the requirement of the first paragraph by furnishing each year to the board of directors proof of coverage under an equivalent liability insurance policy.

1999, c. 24, s. 35.

259.10. An institution that operates a local community service centre designated by the agency and that has entered into a service contract with a midwife pursuant to section 259.2 may enter into an agreement under section 108 with an institution operating a general and specialized hospital centre to allow the midwife to conduct deliveries and perform all other acts that may be required in the circumstances.

The agreement must determine the rights and obligations of the two institutions as regards the use by midwives of the premises and equipment of the institution operating the hospital centre, provide for cooperative arrangements between midwives and the physicians and nursing personnel practising in the hospital centre, and specify the admission and discharge procedures to be observed by midwives with respect to the women and children under their responsibility and any other administrative procedure necessary for the proper functioning of the agreement. The agreement must also establish the rules governing the application of section 259.7 with respect to a midwife performing an act in the hospital centre.

Notwithstanding the provisions of section 109, the agreement must also provide that all the physicians to whom the cooperative arrangements referred to in the second paragraph apply are bound by the agreement.

1999, c. 24, s. 35; 2005, c. 32, s. 119.

259.11. An institution that operates a local community service centre designated by the agency and that has entered into a service contract with a midwife pursuant to section 259.2 must enter into an agreement with an institution operating a general and specialized hospital centre to ensure that medical support is provided to the midwife when required and that the necessary measures are taken in order to provide the woman or child with the care and services required by their condition in the case of a medical consultation or transfer.

1999, c. 24, s. 35; 2005, c. 32, s. 120.

DIVISION IV MATERIAL AND FINANCIAL RESOURCES

§ 1 . — Rules relating to material resources

260. No public institution may, without having obtained the advice of the agency concerned and prior authorization from the Minister and from the Conseil du trésor,

(1)  acquire, alienate, charge with a servitude or hypothecate an immovable;

(2)  build, enlarge, develop, convert, demolish, rebuild or make major repairs to its immovables, except in the cases provided for in paragraph 3 of section 263.

A public institution is not subject to the first paragraph as regards the disposition of any one of the following immovable real rights:

(1)  a superficiary right and the servitudes of right-of-way or support required by a public utility, a municipality or any other organization working in the general interest for the purposes of a cable telecommunications network, water distribution network, electric power line, petroleum product pipeline or waste water disposal system;

(2)  a superficiary right and the servitudes of water, snow and ice runoff required to legalize an encroachment resulting from the construction of a roof erected in contravention of the prescriptions of article 983 of the Civil Code;

(3)  a superficiary right and the rights of use required to legalize a minor encroachment in accordance with article 992 of the Civil Code;

(4)  a servitude required to legalize an existing view not in conformity with the prescriptions of article 993 of the Civil Code.

A private institution under agreement is subject to the first paragraph, except to charge with a servitude or hypothecate an immovable or to dispose of one of the immovable real rights mentioned in the second paragraph.

1991, c. 42, s. 260; 1998, c. 39, s. 81; 2005, c. 32, s. 227.

261. The Conseil du trésor may, on the conditions and to the extent that it determines, delegate to the Minister all or some of the powers vested in it under section 260.

The deed of delegation shall be published in the Gazette officielle du Québec and shall come into force on the fifteenth day following the date of publication.

1991, c. 42, s. 261.

262. Every public institution shall identify, in a specific accounting item in its fixed assets fund, the net proceeds resulting from the alienation of an immovable. This sum, and the revenues therefrom, shall be used for any purpose that is consistent with the use of the fixed assets fund. If the institution obtains prior authorization from the Minister, which will be given on the recommendation of the agency, the sum and the revenues may also be used to finance a specific operating expenditure of the institution.

1991, c. 42, s. 262; 2005, c. 32, s. 227.

262.1. Any institution which is a legal person referred to in section 139 may, with no other formality than those prescribed in sections 180 and 260, alienate any immovable surplus to requirements where the acquisition or construction or the work carried out on the immovable has been financed with funds other than funds provided, in whole or in part, by government subsidy and other than funds provided entirely by public subscription, provided that such investment has not been the subject of a reimbursement or compensation.

The proceeds from the alienation of the immovable and the income arising from the proceeds may be transferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation of the institution referred to in section 271 to be used for any of the purposes mentioned in section 272, in accordance with that section, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.

They may also be paid into a special fund of which the administration is entrusted to the members of the legal person, to be used for any of the purposes mentioned in section 272, in accordance with that section.

The rules set out in the second and third paragraphs also apply to funds constituted by the members of a legal person before 23 June 1992 and which have traditionally been administered by those members.

Any immovable surplus to requirements may also be tranferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation of the institution referred to in section 271, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.

For the purposes of this section, the words “immovable surplus to requirements” mean an immovable which the institution, the agency concerned and the Minister foresee will not be used for the purposes of any institution for whatever purpose for the five ensuing years.

1992, c. 21, s. 31; 1994, c. 23, s. 3; 1996, c. 36, s. 51; 1998, c. 39, s. 82; 2005, c. 32, s. 227; 2005, c. 32, s. 225.

263. No public institution or private institution under agreement may, without having obtained prior authorization from the agency,

(1)  lease an immovable;

(2)  grant a lease on, lend or otherwise permit a third person to use any of its immovables for a period exceeding one year;

(3)  carry out construction, enlargement, development, conversion, demolition, reconstruction or major repair work on its immovables where the estimated total cost of the project is less than the amounts determined by regulation under subparagraph 3 of the first paragraph of section 505, except development, repair, improvement or maintenance work the cost of which is less than the amounts determined by the same regulation and which requires no borrowing for its financing.

1991, c. 42, s. 263; 2005, c. 32, s. 227.

263.1. Sections 260 and 263 do not apply to asset maintenance work, whatever the estimated cost of the work and the source of its financing.

“Asset maintenance work” means all the work required to ensure the security of persons and property, stop the deterioration of immovables and ensure their conservation.

2005, c. 32, s. 121.

263.2. No public institution or private institution under agreement may, without having obtained prior authorization from the Minister, lease its facilities to a non-participating professional within the meaning of the Health Insurance Act (chapter A-29) or otherwise allow such a professional to use its facilities to provide medical services.

2006, c. 43, s. 10.

264. A contract made by an institution without the prior authorization of the Conseil du trésor, the Minister or the agency is absolutely null in all cases where such authorization is required by this Act.

Furthermore, every contract must, on pain of nullity, be made in accordance with the standards, terms and procedure prescribed by regulation of the Minister or, as applicable, in accordance with the Act respecting contracting by public bodies (chapter C-65.1).

An action for nullity of a contract made by an institution contrary to this section may be instituted by the Minister, the agency or any interested person.

No contract made by an institution before 20 June 1998, the object of which is to transfer one of the rights mentioned in the second paragraph of section 260, may be invalidated on the ground that such a transfer is an act for which the institution did not obtain the authorization required under the Act, an Act replaced by this Act or any previous Act applicable to the institution.

1991, c. 42, s. 264; 1998, c. 39, s. 83; 2005, c. 32, s. 227; 2006, c. 29, s. 42.

265. No public institution may

(1)  acquire shares in another legal person or operate a commercial enterprise, except with the advice of the agency concerned and to the extent provided in an agreement entered into with the Minister, the terms of which shall be made public by the institution;

(2)  grant loans to third persons out of the sums of money administered by it;

(3)  guarantee, endorse or otherwise grant security for payment of the obligation of a third person;

(4)  dispose gratuitously of property, except in the case of property of small value or, with the prior authorization of the agency, where the property is disposed of in the interest of the institution or its mission, in favour of another institution or for humanitarian purposes;

(5)  neglect to exercise or renounce a right belonging to it, except for value;

(6)  grant any subsidy to a third person, except in the case of amounts that may be paid, or goods and services that may be provided, to users or other persons as material or financial assistance under this Act or any other legislative or regulatory provision.

An action for nullity of a decision, by-law, resolution or contract made or adopted by an institution contrary to the first paragraph may be instituted by the Minister, the agency or any other interested person.

Organization by an institution of activities which are subsidiary to the health services or social services it provides shall not constitute a commercial enterprise.

The prohibition under subparagraph 2 of the first paragraph does not apply where an institution lends money to another institution, if both institutions are administered by the same board of directors.

1991, c. 42, s. 265; 1996, c. 36, s. 51; 1998, c. 39, s. 84; 2005, c. 32, s. 227.

266. A public institution may acquire, by expropriation, any immovable required for its purposes.

1991, c. 42, s. 266; 1998, c. 39, s. 85; 1999, c. 34, s. 55.

267. Every institution which does not belong to an association recognized by the Minister for the negotiation and conclusion of a contract of civil liability insurance in favour of its members and the management of the deductible must enter into such a contract in respect of acts for which it may be held liable.

1991, c. 42, s. 267.

§ 2 . — Gifts, legacies and subsidies

1.  — Acceptance

268. Any institution may receive gifts, legacies, subsidies or other voluntary contributions from any person or any public or private body wishing to assist in the carrying out of the mission of a centre operated by an institution.

However, no institution may, without the prior authorization of the agency, accept gifts, legacies, subsidies or other contributions that are paid on the condition that a project having the same particularities as a project mentioned in subparagraph 1 or 2 of the second paragraph of section 272 be carried out, except from the Gouvernement du Québec or from departments and agencies whose operating expenses are borne by the Consolidated Revenue Fund. In that case, the Government, the department or the agency concerned must notify the agency thereof.

Where the project whose carrying out is a required condition has the same particularities as a project mentioned in subparagraph 2 of the second paragraph of section 272, the agency shall grant the prior authorization only if the institution shows that the extra cost can be borne without requiring a budgetary adjustment or a special subsidy from the agency or the Minister.

1991, c. 42, s. 268; 1998, c. 39, s. 86; 2005, c. 32, s. 227.

269. Every amount received as a gift, legacy, subsidy or other form of contribution, except an amount granted by the Gouvernement du Québec or a department or agency referred to in section 268, shall be entered directly in the institution’s own property and is subject to the rules governing the use of such property prescribed by section 269.1.

However, the amount of a contribution made for special purposes shall be paid into a special fund created by the institution. It shall be deposited or invested in accordance with the provisions of the Civil Code respecting investments presumed sound, until it is used for the special purposes for which the contribution was made.

Where sums have been granted for the specific purpose of furnishing the institution with capital that must be preserved and of which only the income may be used, the amount thereof shall be paid into an endowment fund created by the institution and administered in the manner set out in the second paragraph.

A separate statement for each fund created under this section shall appear in the financial statements of the institution.

1991, c. 42, s. 269; 1998, c. 39, s. 87; 1999, c. 40, s. 269.

269.1. A public institution’s own property may not be used for other purposes than those relating to the carrying out of the mission of a centre it operates.

However, if an intended use involves the carrying out a project having the same particularities as a project mentioned in subparagraph 1 or 2 of the second paragraph of section 272, the public institution must submit its project to the agency for evaluation and acceptance in accordance with that section.

Notwithstanding subparagraph 4 of the first paragraph of section 265, all or part of the property of a public institution may be transferred to another public institution where both institutions are administered by the same board of directors.

1998, c. 39, s. 88; 2005, c. 32, s. 227.

270. A public institution that receives a sum of money or a direct or indirect benefit from a foundation or legal person that solicits funds or gifts from the public for purposes related to health and social services must mention it in a schedule appended to its annual financial report indicating the object for which the sum of money or benefit was granted.

1991, c. 42, s. 270; 1996, c. 36, s. 51.

2.  — Foundations

271. Any institution may, with the prior authorization of the agency, transfer the administration of all or part of any fund referred to in section 269 to a foundation of the institution within the meaning of section 132.2, provided that the foundation is established in accordance with the statutes of Québec and that nothing in its constituting act prevents it from administering such a fund.

The funds whose administration is so transferred to a foundation of the institution are deemed received in trust; the foundation or legal person is, in respect of such funds, subject to the same obligations and vested with the same powers as a trust company constituted in Québec.

In cases of dissolution of the foundation of the institution, the funds which have not yet been used for the special purposes stipulated, together with the accrued income and interest derived from the investment of the funds, shall be returned to the institution and administered in the manner prescribed in section 269.

1991, c. 42, s. 271; 1996, c. 36, s. 51; 1998, c. 39, s. 89; 1999, c. 40, s. 269; 2005, c. 32, s. 227.

272. A public institution may accept financial or material assistance from any foundation or legal person that solicits funds or gifts from the public in the field of health care or social services for any of the following purposes:

(1)  the purchase, construction, renovation, improvement, enlargement or development of immovable property used or to be used by the institution;

(2)  the purchase, installation, improvement or replacement of furnishings, equipment or machinery of the institution;

(3)  the research activities of the institution;

(4)  the improvement of the quality of life of the users of the institution;

(5)  the training and development of the human resources of the institution for specific needs.

Before accepting such assistance, the institution must submit its project to the agency for assessment and approval in the following cases:

(1)  where the assistance is intended to finance a project for which the prior authorization of the Conseil du trésor, the Minister or the agency is required under this Act;

(2)  where the immediate or foreseeable effect of the project is to increase the amount of the annual operating or capitalization expenditures of the institution;

(3)  (subparagraph repealed);

(4)  (subparagraph repealed).

The application must be accompanied with such documents and contain such information as are determined by the agency.

After having assessed the relevance and the financial viability of the project, and after having ascertained that the foundation or legal person has the financial potential to honour its commitments, the agency shall notify the institution of the eligibility of the project or of the requirements for its approval.

However, the agency may accept a project referred to in subparagraph 2 of the second paragraph only if the institution shows that the extra cost can be borne without a budgetary adjustment or a special subsidy from the agency or the Minister.

1991, c. 42, s. 272; 1996, c. 36, s. 51; 1998, c. 39, s. 90; 2005, c. 32, s. 122.

273. The agency may, at any time, verify the accuracy of information given to it by an institution concerning any project submitted under section 272, or demand information on the use made of assistance obtained under that section, as the case may be.

Where an institution has obtained the right to receive assistance through false representation or has used any part of the assistance for purposes other than those for which it should have been used, the agency may, of its own initiative or at the request of the Minister, declare the institution forfeited of the benefit of the assistance granted and take any step to require the institution and the foundation or legal person providing the assistance to remedy the situation.

1991, c. 42, s. 273; 1996, c. 36, s. 51; 2005, c. 32, s. 227.

274. No executive director of a public institution may, under pain of forfeiture of office, and no senior management officer or middle management officer of a public institution may, under pain of sanctions which may include dismissal, accept any sum of money or any direct or indirect benefit from a foundation or legal person that solicits funds or gifts from the public for purposes related to health or social services.

The second, third and fifth paragraphs of section 197 apply, with the necessary modifications, to the executive director.

1991, c. 42, s. 274; 1996, c. 36, s. 51.

275. A gift made to the owner, a director or an employee of an institution who is neither the spouse nor a close relative of the donor is null if it was made while the donor was receiving care or services from the institution.

A gift made to a member of a family-type resource while the donor was residing there is also null.

1991, c. 42, s. 275.

276. A legacy made to the owner, director or employee of an institution who is neither the spouse nor a close relative of the testator is null if it was made while the testator was receiving care or services from the institution.

A legacy made to a member of a family-type resource while the testator was residing there is also null.

1991, c. 42, s. 276.

277. The restrictions provided for in sections 275 and 276 also apply, with the necessary modifications, to a physician, a dentist or a pharmacist practising in a centre operated by an institution, a person undergoing training at such a centre, a person who, under a service contract, provides services on behalf of the institution to the users of the institution and to any third person assisting the provider of services in the performance of his obligation under the contract.

1991, c. 42, s. 277.

§ 3 . — Rules relating to financial resources

1.  — Provisions applicable to all institutions

278. Every institution must transmit an annual report of its activities, including activities related to risk and quality management, to the agency and to the Minister within three months after the end of its fiscal year. The report must be filed in the form determined by the Minister and must contain any information required by him and by the agency.

1991, c. 42, s. 278; 2002, c. 71, s. 12; 2005, c. 32, s. 227.

279. Every institution must, at the request of the agency, furnish to it, in the form and within the time prescribed by it, such statements, statistical data, reports and other information on the activities of the institution as it requires or as it considers necessary for the performance of its functions. The Minister may request a copy thereof from the agency. No document may be furnished that would permit a user of the institution to be identified.

This section applies to a private institution not under agreement only if it is accredited for the purposes of subsidies in accordance with the provisions of Chapter III of Title II of Part III and to the extent that the information is necessary for the application of such provisions.

1991, c. 42, s. 279; 2005, c. 32, s. 227.

280. The information contained in a report or document prescribed by this subdivision is public, subject to the protection of any personal information it contains.

Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person may have access to a report or document prescribed by this subdivision before the date of expiry of the time for transmitting the report or document or, if transmitted after that date, before the date of transmission.

1991, c. 42, s. 280; 2005, c. 32, s. 123.

281. Sums of money paid by the Government in respect of an immovable owned by an institution and standing in lieu, in its regard, of taxes, compensations and tariffs payable to a municipality by a person as the owner, lessee or occupant of an immovable shall be part of the operating expenses of the institution concerned. This section applies to sums of money paid in that respect by the Government from 21 December 1979.

1991, c. 42, s. 281.

2.  — Provisions applicable to public institutions

282. The fiscal year of a public institution ends on 31 March.

1991, c. 42, s. 282.

283. The institution shall, each year, establish rules and procedures for the allocation of its financial resources to the various items or entries according to the requirements of its own organization plan.

The rules must permit, subject to the applicable budgetary rules, the budgetary transfers that are required during the fiscal year for the proper operation of the institution and the adequate provision of the services it is called upon to provide.

1991, c. 42, s. 283; 1992, c. 21, s. 32.

284. Every executive director of an institution shall submit to the board of directors the operating budget estimates for the following fiscal year for the institution or for each of the institutions under the administration of the board, before the date fixed by it. The estimates shall be drawn up within the budgetary parameters set forth by the agency, which must be consistent with those transmitted by the Minister.

The estimates for the operating budget shall show the amount required by the institution for the operations relating to the provision of the services which it is called upon to provide and which are essential for the carrying out of the mission of any centre it operates. The budget estimates of expenditures and revenues must be balanced.

1991, c. 42, s. 284; 2005, c. 32, s. 227.

285. Before 1 April each year, the agency shall inform every board of directors of the institutions referred to in sections 125 and 128 of the total of the amounts it is allocating to the operating budget of each institution under the administration of these boards.

Within 30 days from the transmission of the information, the board of directors shall apportion, among the institutions under its administration, the total amount indicated by the agency, see to it that the operating budget of every institution under its administration is revised, if necessary, adopt the operating budget of every institution and inform the agency thereof.

Where a budget balancing plan is required to enable an institution under the administration of the board of directors to comply with its operating budget, the board of directors shall see to it that such a plan is prepared, adopted and transmitted to the agency, within 60 days, along with the operating budget of the institution.

1991, c. 42, s. 285; 1996, c. 36, s. 28; 2005, c. 32, s. 124.

286. Before 1 April each year, the agency shall inform every institution not referred to in section 285 of the total amount it shall allocate to its operating budget for the following fiscal year.

Within the following 30 days, the board of directors shall see to it that the operating budget of the institution is revised, if necessary, adopt the operating budget of the institution and inform the agency thereof.

Where a budget balancing plan is required to enable the institution to comply with its operating budget, the board of directors shall see to it that such a plan is prepared, adopted and transmitted to the agency, within 60 days, along with the operating budget of the institution.

1991, c. 42, s. 286; 2005, c. 32, s. 227.

287. If, on 1 April in any year, the total amount allocated to the operating budget of an institution has not been communicated to the institution by the board of directors under the second paragraph of section 285 or by the agency under the first paragraph of section 286, as the case may be, one-quarter of the budget for the preceding fiscal year shall be renewed at the beginning of each quarter of the fiscal year and shall remain in force until it is replaced by the total amount allocated to the budget for the fiscal year concerned.

1991, c. 42, s. 287; 2005, c. 32, s. 227.

288. Each institution shall transmit to the agency, on the dates and in the form it determines,

(1)  periodic reports on budget use and on the operation of the institution;

(2)  an annual statistical report on the resources and services of the institution for the last fiscal year.

The reports must contain any information required by the agency or the Minister.

The agency shall furnish a copy of these reports to the Minister at his request.

1991, c. 42, s. 288; 2005, c. 32, s. 227.

289. The books and accounts of each institution shall be audited every year by an auditor.

1991, c. 42, s. 289.

290. The board of directors shall appoint an auditor for the current fiscal year of the institution before 30 September each year.

The institution must issue a call for tenders, at least once every four years and whenever it intends to retain the services of a new auditing firm, to ensure that the services it receives are as cost-effective as possible.

A new institution constituted as a legal person under this Act, including an institution resulting from an amalgamation or conversion carried out pursuant to this Act, must apply the tendering procedure mentioned in the second paragraph before engaging the services of an auditing firm.

1991, c. 42, s. 290; 1998, c. 39, s. 91.

291. If the auditor leaves office before the end of his term, the board of directors of the institution shall fill the vacancy at its next sitting.

1991, c. 42, s. 291.

292. In the performance of his duties, the auditor shall have access to all the books, registers, accounts and other accounting records and vouchers of the institution. Every person having custody of such documents must facilitate his examination of them.

The auditor may also require from the members of the board of directors of the institution or from the officers, employees or other representatives of the institution the information, explanations and other documents necessary for the carrying out of his mandate.

1991, c. 42, s. 292.

293. The auditor shall, for the fiscal year for which he has been appointed, audit the financial statements of the institution and perform the other duties included in his mandate, in particular those determined by regulation under subparagraph 8 of the first paragraph of section 505 and, if the case arises, those determined by the institution, the agency or the Minister.

1991, c. 42, s. 293; 2005, c. 32, s. 227.

294. The auditor shall submit his audit report to the board of directors of the institution.

1991, c. 42, s. 294.

295. The institution shall, on or before 30 June each year, submit to the agency its annual financial report for the last fiscal year. The report shall be prepared on the forms prescribed by the Minister and shall include the financial statements of the institution, the audit report referred to in section 294 and any other information required by the agency or by the Minister.

The agency shall transmit a copy of the annual financial report of the institution to the Minister, at his request.

1991, c. 42, s. 295; 2005, c. 32, s. 227.

296. Notwithstanding any legislative provision inconsistent herewith, an institution may, with the prior authorization of the agency and subject to the terms and conditions it determines, borrow money by any method recognized by law to pay current operating expenditures or capital expenditures made for the organization of complementary activities in accordance with section 115 or as part of an investment project which is self-financed by savings to be made in the current operating expenditures.

The institution may also, with the prior authorization of the Minister and subject to the terms and conditions he determines, borrow money by any method recognized by law to finance capital expenditures or the debt service of the institution.

The Minister shall determine in what cases and circumstances and on what conditions the agency may allow borrowings to be made under the first paragraph, and the maximum amount of such borrowings.

1991, c. 42, s. 296; 2005, c. 32, s. 227.

297. At the request of the agency or of the Minister, the institution shall, either directly or through the financial institutions with which it does business, furnish the board or the Minister with any information on its financial position.

1991, c. 42, s. 297; 2005, c. 32, s. 227.

3.  — Provisions applicable to private institutions under agreement

298. The fiscal year of a private institution under agreement ends on 31 March.

1991, c. 42, s. 298.

299. Before 1 April each year, the agency shall transmit to each private institution under agreement in its region its operating budget for the ensuing fiscal year. The budget shall be established on the basis of the financing agreement entered into between the institution and the agency, according to the terms and conditions, if any, set out therein.

If, on 1 April in a year, the operating budget of an institution has not been transmitted to it, one quarter of the budget for the preceding fiscal year shall be renewed at the beginning of each quarter of the fiscal year and shall remain in force until it is replaced by the budget for the fiscal year concerned.

1991, c. 42, s. 299; 1992, c. 21, s. 33; 1998, c. 39, s. 92; 2005, c. 32, s. 227.

300. Every private institution under agreement is subject to sections 288 to 295 as regards reports to be submitted and audits to be made.

The periodic reports referred to in subparagraph 1 of the first paragraph of section 288 must, however, contain only the information necessary for the application of the relevant provisions of the financing agreement entered into with the agency.

1991, c. 42, s. 300; 1998, c. 39, s. 93; 2005, c. 32, s. 227.

DIVISION V INTERMEDIATE AND FAMILY-TYPE RESOURCES

§ 1 . — Intermediate resources

301. A public institution identified by the agency may call upon the services of an intermediate resource for the purpose of carrying out the mission of a centre operated by the institution.

1991, c. 42, s. 301.

302. Every resource attached to a public institution through which the institution provides a user registered for the institution’s services with a living environment suited to the user’s needs, together with the support or assistance services required by the user’s condition, in order to maintain the user in or integrate the user into the community, is an intermediate resource.

The immovable or dwelling premises in which the services of an intermediate resource are provided is not deemed to be a facility maintained by the public institution to which the resource is attached, except for the purposes of the Youth Protection Act (chapter P-34.1), in which case it is considered to be a place where foster care is provided by an institution operating a rehabilitation centre.

1991, c. 42, s. 302; 1998, c. 39, s. 94.

302.1. Notwithstanding any provision inconsistent herewith, an intermediate resource is deemed not to be in the employ of or an employee of the public institution that calls upon the services of the resource and any agreement or convention entered into between them to determine the rules and the terms and conditions that apply to their relationship as regards the activities and services expected from the intermediate resource is deemed not to constitute a contract of employment.

2003, c. 12, s. 1.

303. In order to foster an adequate framework and the regional implementation of intermediate resources, and to ensure sufficient flexibility for the emergence of new resources, the Minister shall propose to agencies a classification of the services offered by intermediate resources based on the degree of support or assistance required by users.

The Minister shall determine, with the approval of the Conseil du trésor, the rates or scale of rates of compensation applicable to each type of service listed in the classification established pursuant to the first paragraph.

The Minister shall also identify the policy to be followed by agencies in determining the rules and procedures governing access to the services provided by intermediate resources, including the general criteria for admission to such resources.

1991, c. 42, s. 303; 1998, c. 39, s. 95; 2003, c. 12, s. 2; 2005, c. 32, s. 125.

303.1. The Minister may, with the approval of the Government, enter into an agreement with one or more bodies representing intermediate resources to determine the general conditions for the carrying on of the activities of all intermediate resources and the normative framework applicable to the living conditions of users placed under the care of intermediate resources, and to establish various measures, terms and conditions relating to the compensation for the services provided by intermediate resources.

Such an agreement shall bind the agencies, the institutions and all intermediate resources, whether or not they are members of a body that entered into the agreement.

2003, c. 12, s. 3; 2005, c. 32, s. 227.

303.2. A body is considered to represent intermediate resources if the membership of that body includes, on a Québec-wide scale, any resource that reflects the specific character of the body and either a minimum of 20% of the total number of such resources throughout Québec or the number of resources required to meet the needs of at least 30% of the total number of users of such resources throughout Québec.

The same applies to a group of bodies representing intermediate resources that intervene only on a local or regional scale, provided that all of these bodies combined ensure the same representation as that required under the first paragraph.

A representative body must provide the Minister, on request, with up-to-date documents establishing its constitution, and the name and address of each of its members.

A group must provide up-to-date documents establishing its constitution, the names and addresses of the bodies it represents and the name and address of each member of each of those bodies.

When a representative body is a group of bodies, the group alone is authorized to represent each of the member bodies.

For the purposes of section 303.1, an intermediate resource may not be a member of more than one representative body other than a group.

2003, c. 12, s. 3.

304. The agency shall, in addition to establishing the rules and procedures of access to the services provided by intermediate resources in its region,

(1)  specify the criteria for recognizing intermediate resources, recognize them and keep a register of recognized resources classified according to the types of clientele;

(2)  identify the public institutions in its region which may call upon the services of intermediate resources and which must ensure professional follow-up;

(3)  (paragraph repealed);

(4)  ensure that mechanisms for concerted action between institutions and their intermediate resources are established and put into operation.

1991, c. 42, s. 304; 1998, c. 39, s. 96; 2003, c. 12, s. 4; 2005, c. 32, s. 227.

305. Public institutions identified by the agency shall themselves recruit and assess intermediate resources with a view to their recognition by the agency.

1991, c. 42, s. 305; 2005, c. 32, s. 227.

306. With the authorization of the agency, several institutions may call upon the services of the same intermediate resource. The agency shall, however, see to it that the institutions concerned agree on the professional follow-up and on the payments made to the resource.

1991, c. 42, s. 306; 2005, c. 32, s. 227.

307. Every person responsible for an intermediate resource may apply to the agency for review of a decision made by the public institution to which the resource is attached to settle any misunderstanding concerning them.

The agency must, when examining the application, give the institution and the person responsible for the resource the opportunity to present their views.

After examining the application, the agency shall transmit its decision to the institution and to the person responsible for the intermediate resource.

1991, c. 42, s. 307; 2005, c. 32, s. 227.

308. A municipal permit or certificate shall not be refused and proceedings under a by-law shall not be instituted for the sole reason that a building or dwelling premises are to be occupied in whole or in part by an intermediate resource.

This section takes precedence over any general or special Act and over any municipal by-law adopted under any such Act.

1991, c. 42, s. 308.

309. The person responsible for, or the employees of, an intermediate resource, as the case may be, are subject to the following provisions of this Act, with the necessary modifications:

(1)  the right, recognized by section 16, of a person or of his successors to pursue a remedy against that resource;

(2)  the practices and conduct expected of employees in respect of users as set out in the code of ethics of the institution in accordance with section 233;

(3)  the restrictions imposed by sections 275, 276 and 277 as regards gifts or legacies made by a user while he was receiving services from an intermediate resource.

1991, c. 42, s. 309; 1999, c. 40, s. 269.

§ 2 . — Family-type resources

310. A public institution identified by the agency may call upon the services of a family-type resource for the placement of adults or elderly persons.

Subject to the third paragraph, only an institution operating a child and youth protection centre may recruit and call upon the services of such a resource for the placement of children. It shall see to it that professional follow-up is provided to the child by the institution best suited to assist him.

An institution which operates a rehabilitation centre for mentally or physically impaired persons or persons with a pervasive developmental disorder may, for its clientele, recruit and call upon the services of family-type resources for children provided, however, that the placement in such resources is made in accordance with the provisions of section 357 and of the regulation made under subparagraph 10 of the first paragraph of section 505.

1991, c. 42, s. 310; 2005, c. 32, s. 227; 2005, c. 32, s. 126.

311. Family-type resources comprise foster families and foster homes.

1991, c. 42, s. 311.

312. One or two persons receiving in their home a maximum of nine children in difficulty entrusted to them by a public institution in order to respond to their needs and afford them living conditions fostering a parent-child relationship in a family-like environment may be recognized as a foster family.

One or two persons receiving in their home a maximum of nine adults or elderly persons entrusted to them by a public institution in order to respond to their needs and afford them living conditions as close to a natural environment as possible may be recognized as a foster home.

1991, c. 42, s. 312.

313. Activities and services provided by a family-type resource are deemed not to be a commercial enterprise or a means to make profit.

1991, c. 42, s. 313.

314. The provisions of sections 302.1 to 308 apply, with the necessary modifications, to family-type resources.

1991, c. 42, s. 314; 1998, c. 39, s. 97; 2003, c. 12, s. 5.

CHAPTER IV RULES APPLICABLE TO THE CONSTITUTING INSTRUMENT OF INSTITUTIONS

DIVISION I GENERAL PROVISIONS

315. “Constituting instrument of an institution” means the special Act constituting the institution, the letters patent, supplementary letters patent, the articles of constitution or continuance and any other document or charter granted for its constitution.

In case of discrepancy between this Act and the constituting instrument of an institution including any relevant provision of the Act under which the constituting document was granted, this Act shall prevail.

1991, c. 42, s. 315; 1999, c. 40, s. 269.

316. No constituting instrument of an institution may be granted, amended, revoked or abandoned without the written authorization of the Minister.

However, the Minister may, with the same effects, give the authorization referred to in the first paragraph in cases where the constituting instrument of an institution has been granted, amended, revoked or abandoned without that authorization.

1991, c. 42, s. 316.

DIVISION II CONSTITUTION OF A PUBLIC INSTITUTION

1999, c. 40, s. 269.

317. From 1 October 1992, no public institution may be constituted otherwise than under this Act.

1991, c. 42, s. 317; 1999, c. 40, s. 269.

318. Where the amalgamation or conversion of institutions or, as the case may be, the expansion of the sphere of activity of a centre entails the creation of a public institution, the public institution shall be constituted by letters patent issued by the enterprise registrar, at the request of the Minister.

Notice of the issuance of letters patent shall be published in the Gazette officielle du Québec.

1991, c. 42, s. 318; 1999, c. 40, s. 269; 2002, c. 45, s. 556.

319. The letters patent shall indicate the name of the institution, the location of its head office and the mission of each centre operated by the institution. They shall also indicate, in the case of a hospital centre or a rehabilitation centre, its class and, in the case of a rehabilitation centre for physically impaired persons, its type.

The letters patent shall indicate the names of not less than five and not more than the number of persons who must be elected or designated under sections 129 to 131 and 133, as the case may be; such persons shall be members of the board of directors until the elections or designations provided for in the said sections have taken place. The executive director of the institution shall, once appointed, be a member of the board of directors.

The letters patent may also contain any other provision consistent with this Act.

1991, c. 42, s. 319; 1992, c. 21, s. 34; 1992, c. 21, s. 70; 1996, c. 36, s. 29; 2001, c. 24, s. 46; 2005, c. 32, s. 127.

319.1. (Repealed).

1996, c. 36, s. 30; 2001, c. 24, s. 47; 2005, c. 32, s. 128.

320. From the date of issuance of the letters patent, the institution is a legal person.

1991, c. 42, s. 320; 1996, c. 36, s. 51; 1999, c. 40, s. 269.

321. When the letters patent contain a misnomer, a misdescription or a clerical error, the enterprise registrar may, if there is no contestation, direct the letters patent to be corrected or cancelled, and corrected letters patent to be issued.

1991, c. 42, s. 321; 2002, c. 45, s. 556.

322. To amend the constituting instrument of a public institution, other than an institution to which paragraph 1 of section 98 refers, the enterprise registrar shall issue supplementary letters patent at the request of the Minister.

A notice of issuance of supplementary letters patent shall be published in the Gazette officielle du Québec.

1991, c. 42, s. 322; 2002, c. 45, s. 556.

322.1. Despite any inconsistent legislative provision, the enterprise registrar may, upon an application by a public institution within the meaning of paragraph 1 of section 98 that has been constituted by a special Act, and with the written authorization of the Minister, issue supplementary letters patent to amend the constituting instrument of that institution.

The enterprise registrar shall publish the supplementary letters patent in the Gazette officielle du Québec, with a notice indicating the date on which they come into effect. The Québec Official Publisher must include in the annual compilation of the statutes of Québec printed after the issuance of the supplementary letters patent a table indicating both the date of effect of the supplementary letters patent and the legislative provisions they amend.

The application referred to in the first paragraph must be signed by the executive director and by the chair of the board of directors of the institution. It must be supported by a by-law passed by the board of directors and, if the institution is a legal person within the meaning of section 139, the by-law must also be approved by at least two thirds of the members of the legal person who cast a vote at a meeting called for that purpose.

2005, c. 32, s. 129.

DIVISION III AMALGAMATION AND CONVERSION

323. The following institutions may amalgamate to form a public institution constituted under this Act:

(1)  two public institutions;

(2)  a public institution and a private institution referred to in paragraph 3 of section 99 or in section 551;

(3)  two or more private institutions referred to in paragraph 2 of this section.

1991, c. 42, s. 323; 1999, c. 40, s. 269.

324. The following institutions may be converted into a public institution constituted under this Act:

(1)  a public institution referred to in paragraph 1 of section 98;

(2)  a private institution referred to in paragraph 3 of section 99 or in section 551.

1991, c. 42, s. 324; 1999, c. 40, s. 269.

325. No institution may be amalgamated or converted except with its consent and on the conditions agreed upon, after consultation with the agency, between the institution and the Minister.

1991, c. 42, s. 325; 2005, c. 32, s. 227.

326. The amalgamation or conversion shall be requested by a resolution adopted for that purpose by the board of directors.

The resolution shall indicate

(1)  the name of the new institution;

(2)  the place in Québec where the head office of the institution will be situated;

(3)  the mission of each centre operated by the institution and, where applicable, the class to which a rehabilitation centre or hospital centre will belong and the type to which a rehabilitation centre for physically impaired persons will belong;

(4)  any other condition, term or measure concerning the administration and operation of the institution which is consistent with this Act.

1991, c. 42, s. 326; 1992, c. 21, s. 70; 1999, c. 40, s. 269.

327. Where the amalgamation or conversion involves a legal person referred to in section 139 or referred to in paragraph 3 of section 99 or in section 551, the conversion or amalgamation resolution must be approved by at least two-thirds of the votes cast by the members of the legal person at a meeting called for that purpose.

1991, c. 42, s. 327; 1996, c. 36, s. 51; 2005, c. 32, s. 225.

328. Notwithstanding sections 325 to 327, the Government may, on a proposal by the Minister, amalgamate two or more public institutions which do not own their immovable assets or whose immovable assets have been acquired out of funds derived for the greater part from government subsidies. The Minister shall propose such an amalgamation where, after consulting the agency, he is of the opinion that the public interest warrants it.

The Minister shall publish in the Gazette officielle du Québec a notice of his intention to propose to the Government, 45 days after the publication of the notice, the amalgamation of the institutions and the issue of letters patent to that effect by the enterprise registrar.

After publication of the notice, the Minister shall give the institutions concerned the opportunity to present their views.

1991, c. 42, s. 328; 2002, c. 45, s. 556; 2005, c. 32, s. 227.

329. The new institution resulting from the amalgamation or conversion, under the name given to it by the letters patent, has all the rights, acquires all the property and assumes all the obligations of the amalgamated institutions or of the converted institution, and proceedings to which the latter are parties may be continued without continuance of suit.

1991, c. 42, s. 329.

DIVISION IV INTEGRATION

330. A public institution may, within the scope of its objects, agree with another public institution to integrate the whole of its property, rights and obligations with those of that institution.

The integration agreement shall indicate the date on which the integrating institution shall take charge of the activities of the integrated institution, and make any necessary provision for the carrying out of the integration and for the management of the activities of the integrated institution.

The agreement must provide for the cancellation or amendment, as the case may be, of the constituting instrument of the integrated institution.

With the authorization of the agency, each institution shall adopt the integration agreement by resolution of its board of directors. Section 327 applies, with the necessary modifications, to the resolution.

1991, c. 42, s. 330; 2005, c. 32, s. 227.

331. The integration agreement must be submitted to the Minister for approval. The Minister shall transmit a copy thereof, duly signed, together with a certified copy of each of the resolutions made for its adoption and execution, to the enterprise registrar.

The enterprise registrar, in accordance with the provisions of the integration agreement, shall cancel the constituting instrument of the integrated institution or, as the case may be, issue supplementary letters patent to amend it. Where the integrated institution is a legal person within the meaning of paragraph 1 of section 98, the second paragraph of section 548 and section 549, apply, with the necessary modifications, to the supplementary letters patent issued to the institution.

1991, c. 42, s. 331; 1996, c. 36, s. 51; 2002, c. 45, s. 556.

332. From the date of integration, the integrating institution acquires the rights and property of the integrated institution and assumes the obligations thereof. Proceedings to which the integrated institution is a party may be continued without continuance of suit.

1991, c. 42, s. 332.

DIVISION V DISSOLUTION

333. The enterprise registrar may, at the request of a public institution referred to in paragraph 2, 3 or 4 of section 98 and with the authorization of the Minister, cancel the letters patent of the institution. The cancellation takes effect 60 days after publication of notice thereof in the Gazette officielle du Québec.

The institution is thereupon dissolved and its property devolves, after the payment of its debts and the performance of its obligations, to the Government or to a public institution designated by the Government.

1991, c. 42, s. 333; 2002, c. 45, s. 556.

TITLE I.1 SPECIALIZED MEDICAL CENTRES

2006, c. 43, s. 11.

333.1. In this Act, “specialized medical centre” means a place, outside a facility maintained by an institution, that is equipped for the provision by one or more physicians of medical services necessary for a hip or knee replacement, a cataract extraction and intraocular lens implantation or any other specialized medical treatment determined by regulation of the Minister.

The regulation may specify that a type of surgery or other specialized medical treatment referred to in the first paragraph may be provided only in a centre described in section 333.3 and, in the case of a centre described in subparagraph 1 of the first paragraph of that section, only under an agreement under section 349.3.

The factors the Minister must take into account for the purpose of determining a specialized medical treatment include the risks generally associated with the treatment, the necessary personnel and equipment, and, if applicable, the type of anaesthesia normally used for and the length of stay usually required after the treatment.

Before making a regulation under the first paragraph, the Minister must consult the Collège des médecins du Québec.

2006, c. 43, s. 11.

333.2. Only a physician who is a member of the Collège des médecins du Québec may operate a specialized medical centre. If the operator of the centre is a legal person or a partnership, more than 50% of the voting rights attached to the shares of the legal person or interests in the partnership must be held by physicians who are members of that professional order.

The affairs of a specialized medical centre operated by a legal person or a partnership must be administered by a board of directors or internal management board that includes a majority of physicians who are members of the Collège des médecins du Québec; such physicians must at all times form the majority of the quorum of the board of directors or internal management board.

A producer or distributor of a good or service related to health and social services who is not a physician described in the first paragraph may not hold, directly or indirectly, any shares of the legal person or any interest in the partnership operating a specialized medical centre if such a good or such a service may be required by the centre’s clientele before, while or after a medical service is provided.

2006, c. 43, s. 11.

333.3. A specialized medical centre may be operated only in the form of

(1)  a specialized medical centre where only physicians subject to the application of an agreement under section 19 of the Health Insurance Act (chapter A-29) practise; or

(2)  a specialized medical centre where only non-participating physicians within the meaning of that Act practise.

Depending on the form in which a specialized medical centre operates, its operator must ensure that the requirement of subparagraph 1 or 2 of the first paragraph is met.

2006, c. 43, s. 11.

333.4. Within three years after the permit required under section 437 is issued, the operator of a specialized medical centre must have the services provided in the centre accredited by an accreditation body recognized by the Minister. The accreditation must subsequently be maintained at all times.

2006, c. 43, s. 11.

333.5. The operator of a specialized medical centre must appoint a medical director. The medical director must be a member of the Collège des médecins du Québec.

The medical director is responsible for

(1)  organizing the medical services provided in the centre;

(2)  ensuring the quality and safety of those services;

(3)  seeing that standard medical procedures for all surgery or other specialized medical treatment provided in the centre are established and complied with; and

(4)  taking any other measure necessary for the proper operation of the centre.

2006, c. 43, s. 11.

333.6. The operator of a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3 must ensure that every person who has surgery or receives some other specialized medical treatment described in section 333.1 in the centre also receives in the centre all the preoperative and postoperative services normally associated with the surgery or treatment. The operator must also ensure that such a person receives all the rehabilitation services and home care support services needed for complete recovery, either in the specialized medical centre or from another private resource.

The obligations under the first paragraph also apply to the operator of a specialized medical centre described in subparagraph 1 of the first paragraph of section 333.3 with respect to specialized medical treatment described in section 333.1 and provided in the centre that is non-insured or considered non-insured under the Health Insurance Act (chapter A-29).

However, if surgery or other specialized medical treatment is provided under an agreement under the second paragraph of section 108 or under an alternative access mechanism implemented under section 431.2, the Minister may allow the obligations under this section not to apply.

2006, c. 43, s. 11.

333.7. Only a physician who provides medical services necessary for surgery or any other specialized medical treatment described in section 333.1, or medical services described in section 333.6 that are associated with the surgery or treatment, may practise in a specialized medical centre.

The operator of a specialized medical centre must make sure the first paragraph is complied with, in accordance with the terms of the permit issued to the operator.

Nothing in this section prevents a physician who practises in a specialized medical centre from also carrying on in the centre the professional activities permitted in a private health facility.

2006, c. 43, s. 11.

333.8. The Minister may request an advisory opinion from the board of directors of a professional order on the quality and safety of the professional services provided in a specialized medical centre by the members of the order.

The Minister may also require an advisory opinion from the board of directors of a professional order on the standards to be followed to improve the quality and safety of the professional services provided in such a centre by the members of the order.

2006, c. 43, s. 11; 2008, c. 11, s. 212.

TITLE II COMMUNITY ORGANIZATIONS

334. In this Act, “community organization” means a legal person constituted under an Act of Québec for non-profit purposes whose affairs are administered by a board of directors composed in the majority of users of the services offered by the organization or of members of the community served by the organization and engages in activities related to the field of health and social services.

1991, c. 42, s. 334; 1999, c. 40, s. 269.

335. Every community organization which receives a subsidy under this Title shall be free to define its orientations, policies and approaches.

1991, c. 42, s. 335.

336. An agency may, according to the eligibility and allotment criteria it determines in accordance with the applicable budgetary rules, subsidize a community organization in one or other of the following cases:

(1)  where it offers prevention, assistance and support services to persons in the region, including temporary lodging services;

(2)  where it engages, at the regional level, in activities to promote, raise awareness of and defend the rights and interests of the users of its services or the users of health or social services in the region.

An agency may also subsidize a community organization committed, at the regional level, to promoting health and social development.

1991, c. 42, s. 336; 2005, c. 32, s. 130.

337. The Minister may, in accordance with the applicable budgetary rules, subsidize

(1)  community organizations committed to the defence of the rights or promotion of the interests of the users of services of community organizations or the interests of users of health or social services throughout Québec;

(2)  community organizations committed to the promotion of social development, improvement of living conditions, prevention, or promotion of health throughout Québec;

(3)  community organizations which engage in activities which respond to new needs, take new approaches or which are directed at specific groups of persons;

(4)  provincial groups of community organizations.

The Minister may also subsidize a community organization to which the Minister has given a mandate to assist and support users under the first paragraph of section 76.6, for the purposes of that mandate.

1991, c. 42, s. 337; 2005, c. 32, s. 131.

338. Every community organization or provincial group which receives a subsidy in cases covered by section 336 or 337 must, not later than 30 June each year, hold a public information meeting to which the users of its services and the users of health or social services whom it has served are invited. It must present them with a report of its activities and a financial statement.

It must also, not later than the said date, transmit the report of its activities and its financial statement to the authority from which it received a subsidy in cases covered by section 336 or 337.

1991, c. 42, s. 338.

PART III COORDINATION, CONTROL AND REGULATION OF HEALTH SERVICES AND SOCIAL SERVICES

TITLE I REGIONAL INSTITUTIONS

CHAPTER I HEALTH AND SOCIAL SERVICES AGENCIES

2005, c. 32, s. 227.

DIVISION I STATUS AND OBJECTS

339. The Government shall establish, for each region it delimits, a health and social services agency.

1991, c. 42, s. 339; 2005, c. 32, s. 227.

340. The agency is established to carry out the functions necessary for coordinating the establishment of health services and social services in its area of jurisdiction, in particular as regards financing, human resources and specialized services.

To that end, the objects of the agency are

(1)  ensuring public participation in the management of the public network of health services and social services and ensuring that users’ rights are protected;

(1.1)  ensuring the safe provision of health services and social services to users;

(2)  facilitating the development and management of the local health and social services networks in its region;

(3)  preparing the multi-year strategic plan referred to in section 346.1 and ensuring follow-up;

(4)  allocating the budgets intended for the institutions, granting subsidies to community organizations and granting financial allowances to the private resources referred to in section 454;

(5)  ensuring the coordination of the special medical activities of physicians who are under agreement pursuant to section 360 or section 361.1 and the activities of the institutions, community organizations, intermediate resources and private nursing homes and community organizations referred to in section 454 and promoting their cooperation with the other agents of community development;

(5.1)  ensuring the coordination of the services in its region with those offered in neighbouring regions and, on the Minister’s request, coordinating interregional services;

(6)  implementing measures for the protection of public health and for the social protection of individuals, families and groups;

(7)  ensuring economical and efficient management of the human, material and financial resources at its disposal;

(7.1)  exercising the responsibilities conferred on it by the Act respecting pre-hospital emergency services (chapter S‐6.2);

(7.2)  assessing the results of implementing its strategic plan and ensuring management accountability on the basis of province-wide and regional targets and recognized standards of accessibility, integration, quality, effectiveness and efficiency;

(7.3)  supporting institutions in the organization of services and becoming involved with institutions to foster service agreements entered into to meet the needs of the general public or, if no agreement is entered into, determining the contribution expected of each institution in accordance with section 105.1;

(7.4)  allowing the use of numerous standard agreement models in order to facilitate the making of agreements under subparagraph 7.3;

(7.5)  ensuring that the mechanisms for referral and for service coordination between institutions are established and functional;

(7.6)  developing information and management tools for the institutions in its region and adapting them to the distinctive characteristics of those institutions;

(7.7)  establishing procedures and mechanisms to inform the general public and involve people in the organization of services, and to ascertain their level of satisfaction with the results obtained;

(7.8)  developing mechanisms for the protection of users and for user rights advocacy; and

(8)  carrying out any mandate entrusted to it by the Minister.

1991, c. 42, s. 340; 1992, c. 21, s. 35; 1996, c. 36, s. 31; 1998, c. 39, s. 98; 2001, c. 24, s. 48; 2002, c. 69, s. 154; 2002, c. 71, s. 13; 2002, c. 66, s. 6; 2005, c. 32, s. 132.

340.1. An agency exercises its responsibilities by taking into consideration the proposals made by an integrated university health network under section 436.6.

In addition, an agency must seek the advice of the integrated university health network serving its area of jurisdiction on any question relating to technical facilities, medical staff or services corridors.

A decision made by the agency following the proposals or advice of an integrated university health network must be substantiated and be sent to the network in writing.

2005, c. 32, s. 133.

341. The name of an agency must include the expression “health and social services agency” and indicate the region for which it is established.

1991, c. 42, s. 341; 2005, c. 32, s. 134.

342. An agency is a legal person and a mandatary of the State. The property of an agency forms part of the domain of the State, but the execution of the obligations of an agency may be levied against its property.

An agency binds none but itself when it acts in its own name.

1991, c. 42, s. 342; 1996, c. 36, s. 51; 1999, c. 40, s. 269; 2005, c. 32, s. 135.

342.1. Each agency may adopt the by-laws needed to conduct its affairs and exercise its responsibilities. It must adopt by-laws for each matter determined in a regulation made under subparagraph 6 of the first paragraph of section 505, where the matter falls within the competence of the agency.

A copy of the by-laws adopted by an agency must be forwarded to the Minister at the Minister’s request.

1998, c. 39, s. 99; 2005, c. 32, s. 227.

DIVISION II SPECIAL FUNCTIONS

§ 1 . — Functions in respect of the population and the rights of users

343. The agency shall see that mechanisms for public participation provided for in this Act, such as users’ committees, are implemented.

The agency shall supervise the election and designation of the members of the board of directors of public institutions where such election or designation is provided for by this Act.

1991, c. 42, s. 343; 1996, c. 36, s. 32; 2005, c. 32, s. 136.

343.1. A people’s forum whose activities are coordinated by the president and executive director of the agency is hereby established for each region of Québec where the Government institutes an agency.

The forum shall be composed of 15 to 20 members designated by the board of directors of the agency. The term of office of those members is three years.

To take into account the regional particularities, the agency shall enter into an agreement with the regional conference of elected officers referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales et des Régions (chapter M-22.1) on

(1)  the specific composition of the people’s forum;

(2)  the modes of consultation of the various socio-economic organizations of the region to draw up a list of names from which the members of the forum will be designated.

2001, c. 24, s. 50; 2003, c. 29, s. 155; 2005, c. 32, s. 227; 2006, c. 8, s. 26.

343.2. The people’s forum is responsible to the board of directors of the agency

(1)  for setting up different modes of consultation of the population on issues regarding health and well-being;

(2)  for making recommendations on the means to put in place so as to improve satisfaction of the population as regards available health and social services and to better respond to the needs in terms of service organization.

2001, c. 24, s. 50; 2005, c. 32, s. 227.

343.3. The people’s forum shall establish its own operating rules and submit them for approval to the board of directors of the agency.

2001, c. 24, s. 50; 2005, c. 32, s. 227.

343.4. The people’s forum shall meet with the board of directors of the agency at least twice a year, and the meetings shall be open to the public.

2001, c. 24, s. 50; 2005, c. 32, s. 227.

343.5. The agency shall place at the disposal of the people’s forum the resources the agency considers necessary for the exercise of the forum’s responsibilities.

2001, c. 24, s. 50; 2005, c. 32, s. 227.

343.6. The agency must report on the activities of the people’s forum, in particular the consultation mechanisms used, at the time of the presentation of its annual report of activities to the population of its territory at a public meeting of its board of directors.

2001, c. 24, s. 50; 2005, c. 32, s. 137.

344. The agency must, in addition to the functions entrusted to it by sections 60 to 72, inform the users in its territory of the health and social services available to them and of their rights, recourses and obligations in that respect.

1991, c. 42, s. 344; 1998, c. 39, s. 100; 2001, c. 43, s. 52; 2005, c. 32, s. 227.

345. (Repealed).

1991, c. 42, s. 345; 2001, c. 43, s. 53.

§ 2 . — Functions relating to priorities in matters of health and welfare

346. The agency shall see that orientations and priorities in the area of health and welfare are respected. To that end, it shall

(1)  ensure that the information on the health of the population in the region is up to date and accessible;

(2)  identify the needs of the population with a view to preparing its multi-year strategic plan;

(3)  inform the Minister of the needs of the population with a view to the preparation and update, by the agency, of the multi-year strategic plan developed under section 431.1 and the health and social services policies;

(4)  assess, at intervals determined by the Minister, the effectiveness of the health and social services, the extent to which the objectives pursued have been achieved and the extent to which users are satisfied with the services;

(5)  prepare and implement, in accordance with the directives of the Minister, assessments of the programs of services in which the institutions participate;

(6)  carry out any specific mandate entrusted to it by the Minister.

In exercising the functions enumerated in the first paragraph, the agency must refrain from reporting any information or document that would allow the user of an institution or a person using the services of a community organization to be identified.

1991, c. 42, s. 346; 1996, c. 36, s. 33; 1998, c. 39, s. 101; 2005, c. 32, s. 138.

§ 2.1 . — Functions related to the identification and certification of residences for the elderly

2005, c. 32, s. 139.

346.0.1. Each agency must, for the purpose of identifying the resources as regards housing for elderly persons in its territory, establish and maintain a register of residences for the elderly.

A residence for the elderly is a congregate residential facility where rooms or apartments intended for elderly persons are offered for rent along with a varied range of services relating, in particular, to security, housekeeping assistance and assistance with social activities, except a facility operated by an institution and a building or residential facility where the services of an intermediate resource or a family-type resource are offered.

The information collected by an agency to establish and maintain the register is as follows: the name and address of the operator, whether or not the operator holds a certificate of compliance referred to in section 346.0.3, the date on which the certificate of compliance was issued, and the name and address of the person in charge of the residence, the address and physical description of the residence, certain information concerning the building and the municipal permits held, certain characteristics of the residence, the services offered and the facilities available as well as the age groups of the clientele. Such information is public information.

2002, c. 36, s. 1; 2005, c. 32, s. 140.

346.0.2. The person in charge of a residence for the elderly must on receiving its first resident and, subsequently, on 1 April each year, file with the agency a declaration containing the information required under the last paragraph of section 346.0.1.

2002, c. 36, s. 1; 2005, c. 32, s. 227.

346.0.3. An operator of a residence for the elderly must hold a certificate of compliance issued by the agency for the area of jurisdiction where the residence is situated, attesting that the operator meets the conditions set out in section 346.0.4.

Before recommending a residence for the elderly to a user, a public institution must ascertain that the operator of the residence holds such a certificate.

2005, c. 32, s. 141.

346.0.4. To obtain a certificate of compliance, the operator of a residence for the elderly must apply in writing to the agency for the area of jurisdiction where the residence is situated, using a form provided by the agency, and meet the following conditions:

(1)  comply with the health and social criteria determined by regulation; and

(2)  satisfy the requirements established by regulation.

2005, c. 32, s. 141.

346.0.5. The operator of a residence for the elderly that is the holder of a certificate of compliance must publicly display the certificate at all times in the residence.

2005, c. 32, s. 141.

346.0.6. The Government may determine, by regulation,

(1)  categories of residences for the elderly;

(2)  the health and social criteria with which the operator of a residence for the elderly must comply to receive a certificate of compliance, which may vary according to category of residence for the elderly;

(3)  categories of residences that may be excluded from the application of certain health and social criteria; and

(4)  the fees payable for issuing or renewing a certificate of compliance.

The Government may also establish, by regulation, the requirements that the operator of a residence for the elderly must satisfy.

2005, c. 32, s. 141.

346.0.7. If, after verification, the agency is satisfied that the operator of a residence for the elderly meets the conditions set out in section 346.0.4, the agency shall issue certification to that operator.

In order to carry out the required verification, the agency shall enter into an agreement with a local authority in its area of jurisdiction designated by the Minister, or with a body recognized by the Minister.

Such an agreement must specify the conditions applicable to the verification.

2005, c. 32, s. 141.

346.0.8. The agency is authorized to inspect a residence for the elderly whose operator holds a certificate of compliance in order to ascertain the extent to which that operator meets the conditions set out in section 346.0.4.

2005, c. 32, s. 141.

346.0.9. The person authorized by the agency to carry out an inspection must, on request, produce identification attesting to that authorization.

In carrying out the inspection, the person has the power

(1)  to enter, at any reasonable time of day, a residence for the elderly whose operator holds a certificate of compliance; and

(2)  to require any information or documents relating to the operator’s activities.

2005, c. 32, s. 141.

346.0.10. A certificate of compliance is valid for two years. The agency shall renew it for the same period provided that the operator

(1)  applied for the renewal at least 90 days before the expiry date of the certificate; and

(2)  met the conditions set out in section 346.0.4 during the period of validity that is ending.

2005, c. 32, s. 141.

346.0.11. The agency may refuse to issue a certificate of compliance if the operator of a residence for the elderly that applied for the certificate

(1)  does not meet the conditions set out in section 346.0.4;

(2)  has been convicted of an offence under this Act during the last three years, unless the operator has obtained a pardon; or

(3)  has been convicted of an indictable offence in connection with the operation of a residence for the elderly, unless the operator has obtained a pardon.

2005, c. 32, s. 141.

346.0.12. The agency may suspend, revoke or refuse to renew the certificate of compliance of a certificate holder that

(1)  no longer meets the conditions set out in section 346.0.4;

(2)  has not taken the corrective measures ordered by the agency within the prescribed period following a complaint;

(3)  has been convicted of an offence under this Act during the period of validity of the certificate, unless the certificate holder has obtained a pardon; or

(4)  has been convicted of an indictable offence in connection with the operation of a residence for the elderly during the term of the certificate, unless the certificate holder has obtained a pardon.

2005, c. 32, s. 141.

346.0.13. Before refusing to issue a certificate of compliance, or suspending, revoking or refusing to renew such a certificate, the agency must first inform the applicant or the certificate holder in writing of its intention, as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), and grant a period of at least 10 days for the applicant or the certificate holder to submit observations.

2005, c. 32, s. 141.

346.0.14. Instead of suspending, revoking or refusing to renew a certificate of compliance, the agency may order the certificate holder to take the necessary corrective measures within the period the agency determines.

If the certificate holder fails to comply with the order, the agency may then suspend, revoke or refuse to renew the certificate of compliance.

2005, c. 32, s. 141.

346.0.15. The agency must inform the holder of a certificate of compliance in writing of its decision, giving its reasons, within 30 days after the date the decision was made.

2005, c. 32, s. 141.

346.0.16. The person whose application for a certificate of compliance has been rejected, or the holder of a certificate of compliance whose certificate has been suspended or revoked or for which renewal has been refused may contest the agency’s decision before the Administrative Tribunal of Québec within 60 days after the date of notification.

2005, c. 32, s. 141.

346.0.17. An agency whose decision is contested is subject to the obligations set out in the first paragraph of section 114 of the Act respecting administrative justice (chapter J-3), with the necessary modifications.

2005, c. 32, s. 141.

346.0.18. If the certificate of compliance of a certificate holder has been suspended or revoked or has not been renewed, the agency must ensure that a person who lives in the residence for the elderly operated by that holder obtains relocation assistance if the person requires it.

2005, c. 32, s. 141.

346.0.19. The operator of a residence for the elderly that wishes to cease activities must return the certificate of compliance to the agency.

2005, c. 32, s. 141.

346.0.20. The rights conferred by a certificate of compliance may not be validly transferred to another person.

2005, c. 32, s. 141.

§ 3 . — Functions relating to the organization of services

346.1. In accordance with ministerial orientations and recognized standards of accessibility, integration, quality, effectiveness and efficiency, and taking into account available resources, the agency is responsible for preparing a multi-year strategic plan identifying the following elements for its region:

(1)  the social and health needs and the distinctive characteristics of the population, based on an understanding of the health and well-being of that population;

(2)  the objectives to be pursued to improve the health and well-being of the population, and organize and manage services;

(3)  the mandates and responsibilities to be assumed by local authorities, the other institutions and the community organizations to reach those objectives; and

(4)  the mechanisms for regional coordination and for mobilizing the partners to implement the strategic plan.

For the purpose of preparing the strategic plan, an agency must obtain the opinion of the people’s forum, call on the participation of the institutions and community organizations of its region, and ensure the collaboration of the stakeholders in other sectors of activity that have an impact on health services and social services.

2001, c. 24, s. 51; 2005, c. 32, s. 142.

347. An agency may propose to the Minister to modify the organization of integrated health services and social services established in its territory under the Act respecting local health and social services network development agencies (chapter A‐8.1), provided that the establishment of any new local health and social services network ensures compliance with the objectives set out in section 99.3.

The Minister’s decision to accept the agency’s proposal, with or without changes, must be approved by the Government.

The Minister shall table each order made under the second paragraph in the National Assembly within 30 days of its adoption or, if the Assembly is not sitting, within 30 days of resumption.

1991, c. 42, s. 347; 1996, c. 36, s. 34; 1998, c. 39, s. 102; 1999, c. 24, s. 36; 2001, c. 24, s. 52; 2005, c. 32, s. 142.

348. Each agency, in collaboration with institutions, must develop a program of access to health services and social services in the English language for the English-speaking population of its area in the centres operated by the institutions of its region that it indicates or, as the case may be, develop jointly, with other agencies, such a program in centres operated by the institutions of another region.

Such an access program must take into account the human, financial and material resources of institutions and include any institution in the region designated under section 508.

The program must be approved by the Government and revised at least every three years.

1991, c. 42, s. 348; 2005, c. 32, s. 227.

349. Each agency must, in concert with the bodies representing the cultural communities and the institutions of its region, facilitate accessibility to health and social services in a manner which is respectful of the characteristics of those cultural communities.

1991, c. 42, s. 349; 2005, c. 32, s. 227.

§ 3.1 . — Functions related to the services offered by associated medical clinics

2006, c. 43, s. 12.

349.1. With a view to improving the accessibility of specialized medical services and after consultation with the regional panel of heads of departments of specialized medicine, an agency may propose to the Minister that an institution in its area of jurisdiction that operates a hospital centre and consents to it be authorized to become associated with one of the following places for the provision, at that place, of certain specialized medical services to users of the institution:

(1)  a private health facility;

(2)  a laboratory governed by the Act respecting medical laboratories, organ, tissue, gamete and embryo conservation, and the disposal of human bodies (chapter L-0.2); or

(3)  a specialized medical centre described in subparagraph 1 of the first paragraph of section 333.3.

For the purposes of this subdivision, a place mentioned in the first paragraph is to be called an “associated medical clinic”.

2006, c. 43, s. 12.

349.2. Before accepting an agency’s proposal, the Minister must be convinced that it will improve the accessibility of the specialized medical services concerned and will not affect the capacity of the public health and social services network, in particular as regards staffing requirements for the operation of that network. The Minister must also consider the increase in efficiency and effectiveness that will result from the proposal’s implementation.

The Minister’s decision to accept the agency’s proposal must specify the procedure to be followed by the agency to determine which associated medical clinic offering specialized medical services has the best quality/cost ratio.

The second paragraph applies despite the Act respecting contracting by public bodies (chapter C-65.1).

2006, c. 43, s. 12.

349.3. After completion of the procedure described in the second paragraph of section 349.2 and after obtaining the authorization of the Minister, the agency and any institution concerned must enter into an agreement with the operator of the associated medical clinic selected. The agreement must specify

(1)  the nature of the specialized medical services to be provided under the agreement;

(2)  the minimum and maximum number of specialized medical services that may be provided each year in the clinic, and how those services are to be distributed on a quarterly basis to ensure their continued availability;

(3)  the unit amount to be paid by the agency to cover the costs related to each specialized medical service provided in the clinic, according to the nature of the service, and the terms of payment;

(4)  the monitoring mechanisms that will allow the institution, or one of its boards, councils or committees determined in the agreement, to ensure the quality and safety of the medical services provided in the clinic;

(5)  the fees, determined in accordance with section 349.5, that may be charged to users who receive a specialized medical service in the clinic, and the manner in which the user is to be informed of how to pay the fees;

(6)  the bookkeeping and information system requirements with which the clinic operator is to comply, and the nature, form, content and frequency of the reports and information the operator is required to send to the other signatories and to the Minister; and

(7)  a mechanism to resolve disputes regarding the interpretation or application of the agreement.

The services covered by the agreement are subject to the complaint examination procedure of the institution that refers users to the associated medical clinic or to the complaint examination procedure of the agency, as the case may be, and are subject to the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).

The agreement has a maximum five-year term. The parties may not terminate the agreement before its expiry, or amend or renew it, without the Minister’s authorization. To renew the agreement, a draft renewal agreement must be sent to the Minister at least six months before the agreement expires.

An institution that is party to the agreement may communicate information contained in a user’s record to a physician providing specialized medical services specified in the agreement in the clinic if that communication is necessary for the provision of those services. Despite any inconsistent provision, once the specialized medical services have been provided, the physician may communicate to the institution any information contained in the patient’s record that is necessary to ensure continuity of service by the institution.

2006, c. 43, s. 12.

349.4. All physicians practising in an associated medical clinic must be subject to the application of an agreement under section 19 of the Health Insurance Act (chapter A-29).

2006, c. 43, s. 12.

349.5. Despite section 22.0.0.1 of the Health Insurance Act (chapter A-29), no amount may be charged to a user who receives a specialized medical service in an associated medical clinic providing services under an agreement other than the fees that the institution that is party to the agreement would normally have charged for the provision of those services, provided, however, that the fees are specified in the agreement.

2006, c. 43, s. 12.

349.6. To provide specialized medical services specified in an agreement in an associated medical clinic, a physician must have been appointed beforehand to practise in a hospital centre operated by an institution with which the clinic is associated, fully meet the requirements of the hospital centre according to the assessment of the director of professional services, and fulfil at all times the obligations attached to the privileges granted him.

The operator of an associated medical clinic must not allow a physician who fails to comply with this section to provide specialized medical services specified in the agreement in the clinic.

2006, c. 43, s. 12.

349.7. On signing an agreement, the operator of an associated medical clinic must give the signatory institution a list of the physicians who are members of the institution’s council of physicians, dentists and pharmacists and who are to provide specialized medical services in the clinic. The operator of the clinic must keep the list updated and inform the executive director of the institution without delay of any change to it.

The executive director shall ensure that the list is given to all members of the board of directors, and inform them of any change to it.

2006, c. 43, s. 12.

349.8. Despite the third paragraph of section 349.3, an agency may terminate an agreement if it has reasonable grounds to believe that the quality or safety of the specialized medical services provided in the associated medical clinic is not satisfactory, or that the operator of the associated medical clinic or a physician who practises in the clinic has failed to comply with any of sections 349.4 to 349.7.

The Minister may request the agency to terminate an agreement if the Minister has reasonable grounds to believe that a situation described in the first paragraph exists.

Before terminating an agreement, the agency must give the institution and the operator of the associated medical clinic an opportunity to submit observations in writing.

2006, c. 43, s. 12.

349.9. Despite the provisions of the Health Insurance Act (chapter A-29), an agreement under section 349.3 may cover insured services that are not considered insured services when provided outside a facility maintained by an institution if the agency considers that access difficulties exist with respect to those services in the institutions in its area of jurisdiction.

Furthermore, services provided by a physician under an agreement under section 349.3 are deemed, for the sole purposes of the physician’s remuneration, to be provided in a facility of the institution that referred the user to the associated medical clinic.

2006, c. 43, s. 12.

§ 4 . — Functions relating to the allocation of financial resources

350. The agency shall allocate the financial resources put at its disposal for the implementation of its multi-year strategic plan. The allocation must be carried out in accordance with a plan approved beforehand by the Minister as provided for in the third paragraph of section 463.

The agency shall be responsible, to the extent and on the conditions prescribed by the Minister in accordance with the applicable budgetary rules, for allocating operating budgets to the public institutions and private institutions under agreement of its region and for granting subsidies to community organizations in its region in accordance with section 336 and to the private resources referred to in section 454.

The agency shall also assume the management of funds relating to any special mandate entrusted to it by the Minister under subparagraph 6 of the first paragraph of section 346.

The agency shall, in addition, be entrusted, on the conditions determined by the Minister, with the administration and financing of capital expenditure by a public institution in its region with respect to work authorized by the agency in accordance with section 263, expenses incurred by such an institution for equipment, and capital expenditure incurred by a private institution under agreement in its region that occupies an immovable belonging to a public institution or to the Corporation d’hébergement du Québec.

1991, c. 42, s. 350; 1992, c. 21, s. 36; 1998, c. 39, s. 103; 2001, c. 24, s. 53; 2005, c. 32, s. 143.

351. Each agency must, in accordance with the rules determined by the Minister, ensure control over the budgets allocated and subsidies granted under section 350.

1991, c. 42, s. 351; 2005, c. 32, s. 227.

§ 5 . — Functions relating to the coordination of health services and social services

352. Each agency shall take the necessary measures to coordinate the work of institutions and community organizations and the special medical activities of physicians who are under agreement pursuant to section 360 so as to promote joint action and cooperation among them for the purpose of ensuring rational utilization and equitable distribution of resources and to take the complementarity of institutions, specialized medical centres, community organizations and private facilities into account, eliminate duplication of services and allow the setting up of joint services.

1991, c. 42, s. 352; 2005, c. 32, s. 227; 2006, c. 43, s. 13.

353. The agency shall promote activities conducive to improving the health and well-being of the population and cooperate in implementing the activities with the other organizations of the region, particularly municipalities, regional branches of government departments and government agencies, institutions in the education and higher education sector, childcare services, regional community organizations and socio-economic organizations.

1991, c. 42, s. 353; 2005, c. 32, s. 144.

353.1. The Minister may give an agency instituted for a region the mandate to take the necessary measures to coordinate its services with the services of the agencies instituted for neighbouring regions.

2001, c. 24, s. 54; 2005, c. 32, s. 227.

354. In addition to the rules governing access to the services offered by intermediate resources and family-type resources it establishes under sections 303, 304 and 314, the agency shall also determine, in accordance with the orientations identified for that purpose by the Minister, the general rules governing access to the various services offered by the institutions of its region.

The agency shall, in addition, foster the implementation, by the institutions concerned, of mechanisms of access to services considered necessary by the institutions to ensure a prompt and adequate response to the users’ needs.

1991, c. 42, s. 354; 2005, c. 32, s. 145.

355. The agency shall determine the procedure for setting up mechanisms to coordinate access to the services provided by residential and long-term care centres, rehabilitation centres of the class specified by the agency, intermediate resources attached to institutions and family-type resources of its region.

The agency must also ensure that the mechanisms of access to services take the socio-cultural and linguistic characteristics of the users into account.

1991, c. 42, s. 355; 1998, c. 39, s. 104; 2005, c. 32, s. 227.

356. Every institution concerned with a mechanism of access to services established pursuant to section 355 must submit its criteria of access to services to the agency for approval, in particular with respect to the admission and discharge of users and the policies for their transfer. However, the Minister may require that an institution, by reason of its special vocation, submit its criteria and policies directly to him for approval. The Minister shall in that case obtain the opinion of the agency.

1991, c. 42, s. 356; 2005, c. 32, s. 227.

357. Each agency shall, to ensure rational utilization of child placement services, see to it that every institution operating a child and youth protection centre and every other institution exercising responsibilities in matters of child placement coordinate their actions and comply with the measures determined for that purpose by regulation made under subparagraph 10 of the first paragraph of section 505.

1991, c. 42, s. 357; 2005, c. 32, s. 227.

358. Each agency shall ensure that the institutions of the region carry out their functions of reception, assessment and referral of users, and that intermediate resources and family-type resources are developed in harmony with the capacity of the population concerned to accept them.

1991, c. 42, s. 358; 2005, c. 32, s. 227.

359. For the purpose of distributing emergency cases and ensuring a prompt and adequate response to the needs of the users, the agency and the regional department of general medicine shall, after consultation with the regional panel of heads of departments of specialized medicine,

(1)  approve admission criteria for and policies governing the transfer of users to centres operated by public institutions and private institutions under agreement;

(1.1)  designate the institutions that are to dispense emergency services;

(2)  ensure that adequate operating standards of emergency services are adopted by the institutions designated under paragraph 1.1 or, if not, fix such standards;

(3)  ensure that the institutions designated under paragraph 1.1 adopt and apply standards for the use and allocation of beds which are consistent with an adequate distribution of emergency cases or, if not, fix such standards;

(4)  develop and implement a regional information system to monitor, on a daily basis, the situation in the centres operated by the institutions designated under paragraph 1.1 as regards the number and nature of registrations and admissions of users and their transfer and transport by ambulance.

1991, c. 42, s. 359; 1992, c. 21, s. 37; 1998, c. 39, s. 105; 2005, c. 32, s. 146.

360. Every general practitioner wishing to participate in an agreement under the fifth paragraph of section 19 of the Health Insurance Act (chapter A-29) must undertake to devote part of his or her practice to specific medical activities listed in section 361.

1991, c. 42, s. 360; 1992, c. 21, s. 70; 2002, c. 66, s. 7.

361. For the purposes of section 360, the agency shall establish, on the basis of such recommendations as may be made by the regional department of general medicine, a list of specific medical activities. The list shall also specify the conditions of exercise of each activity offered, in accordance with the conditions of the agreement referred to in section 360.

In the case of a general practitioner applying to participate in an agreement referred to in section 360, the list of specific medical activities includes the following activities:

(1)  as a priority, the provision of medical services in the emergency departments of institutions designated under paragraph 1.1. of section 359;

(2)  the provision of care to users admitted for short-term care by an institution operating a hospital centre;

(3)   the provision of medical services involving on-call duty in any residential and long-term care centre or rehabilitation centre operated by an institution or in connection with a home care support program of a local community service centre operated by an institution;

(4)  the provision of obstetrical medical services in a centre operated by an institution;

(5)  the provision of primary care services to vulnerable patients, whether in their homes, in a private health facility or in any centre operated by an institution; and

(6)  participation in any other priority activity determined by the agency and approved by the Minister, to the extent and under the conditions prescribed by the Minister.

1991, c. 42, s. 361; 1992, c. 21, s. 38; 1998, c. 39, s. 106; 2002, c. 66, s. 8; 2005, c. 32, s. 147.

361.1. Every medical specialist in a specialty covered by an agreement under the fifth paragraph of section 19 of the Health Insurance Act (chapter A‐29) having no privileges in any institution operating a hospital centre who wishes to participate in such an agreement must devote part of his or her practice to specific medical activities referred to in the second paragraph.

For the purposes of the first paragraph, the agency shall establish a list of specific medical activities that also specifies the conditions of exercise of each activity offered, in accordance with the conditions of the agreement referred to in the first paragraph.

2002, c. 66, s. 9; 2005, c. 32, s. 148.

361.2. An agreement referred to in section 360 or 361.1 may provide for adjustments as regards the nature of activities and the level of participation of physicians according to the number of years of practice.

2002, c. 66, s. 9.

362. A physician shall submit his application to the agency which shall transmit to him a list of specific medical activities from which he must choose.

1991, c. 42, s. 362; 2005, c. 32, s. 227.

363. The agency shall authorize physicians to participate in the agreement referred to in section 360 if they undertake in writing to exercise one of the specific medical activities described in section 361.

The agency, before authorizing a physician to participate in the agreement referred to in section 360, must take into account the number of physicians authorized in its medical staffing plan.

1991, c. 42, s. 363; 2005, c. 32, s. 227.

364. For as long as a physician respects the undertaking made by him in accordance with section 363, and until he is discharged in accordance with the terms of an agreement referred to in section 360, he shall remain subject to that agreement.

1991, c. 42, s. 364.

364.1. The agency may, in accordance with the procedure set out in the agreement, periodically review the undertaking made by a physician pursuant to section 363.

However, in the event of a serious shortage of and in order to ensure the availability of the medical services referred to in subparagraph 1 of the second paragraph of section 361, an agency may, in accordance with the terms of the agreement, after consulting the regional department of general medicine and upon 60 days’ notice, review the undertaking made by a physician who only exercises activities referred to in subparagraph 5 or 6 of the second paragraph of that section.

2002, c. 66, s. 10; 2005, c. 32, s. 227.

365. Where, in the opinion of the agency, a physician ceases to respect the undertaking made by him in accordance with section 363, the agency shall terminate his participation in the agreement and inform the physician, the regional department of general medicine and the Régie de l’assurance maladie du Québec. The agency must give the physician an opportunity to present observations.

1991, c. 42, s. 365; 1997, c. 43, s. 730; 1998, c. 39, s. 107; 1999, c. 89, s. 53; 2005, c. 32, s. 227.

366. A physician who is not satisfied with a decision refusing or terminating his participation may submit that decision to the arbitration procedure provided for in the agreement referred to in section 360.

1991, c. 42, s. 366.

366.1. The provisions of sections 362 to 366 apply, with the necessary modifications, to medical specialists to whom section 361.1 applies.

2002, c. 66, s. 11.

367. (Repealed).

1991, c. 42, s. 367; 2001, c. 24, s. 55; 2005, c. 32, s. 149.

368. (Repealed).

1991, c. 42, s. 368; 2001, c. 24, s. 56; 2005, c. 32, s. 149.

369. (Repealed).

1991, c. 42, s. 369; 1998, c. 39, s. 108; 1999, c. 89, s. 53; 2005, c. 32, s. 149.

370. (Repealed).

1991, c. 42, s. 370; 2005, c. 32, s. 149.

370.1. A regional nursing commission is hereby instituted for each region of Québec where the Government institutes an agency.

The commission is composed of

(1)  four persons designated by and from among the members of the executive committees of the council of nurses of the institutions of the region, including one person working for an institution referred to in section 119 or the first paragraph of section 126 and one person working for an institution referred to in section 120, 121, 124 or 125 or the second paragraph of section 126;

(2)  two persons designated by the directors of nursing care of the institutions of the region from among their number and referred to in section 206;

(3)  one person designated by the representatives of general and vocational colleges from among their number;

(4)  one person designated by the dean or director of the university nursing program, where applicable;

(5)  two persons designated by and from among the members of the committees of nursing assistants of the councils of nurses of the institutions of the region;

(6)  one person designated by the members referred to in subparagraphs 1 to 5, recognized for leading-edge expertise as a nurse or nurse practitioner.

The president and executive director of the agency or the nurse designated by the president and executive director for that purpose shall also be a member of the regional nursing commission.

On the recommendation of the regional nursing commission, the agency may designate four resource persons as observers. Such persons shall participate in the discussions of the commission but shall be without voting rights.

The chair of the regional nursing commission shall be designated by the members referred to in the second paragraph from among their number.

2001, c. 24, s. 57; 2005, c. 32, s. 150.

370.2. The procedure of designation of the members of the regional nursing commission and of its chair, their terms of office and the rules of internal management of the commission shall be determined by by-law of the agency.

2001, c. 24, s. 57; 2005, c. 32, s. 227.

370.3. The regional nursing commission is responsible to the board of directors of the agency

(1)  for advising it on the organization, distribution and integration of nursing care in the territory and on the nursing care staffing plan;

(2)  for advising it on certain matters relating to the accessibility and coordination of services in the region which involve nursing care;

(3)  for advising it on innovative approaches in nursing care and their incidence on the health and well-being of the population;

(4)  for carrying out any other mandate entrusted to it by the board of directors and submitting periodic reports thereon.

2001, c. 24, s. 57; 2005, c. 32, s. 151.

370.4. The regional nursing commission may establish the committees necessary for the pursuit of its objects.

2001, c. 24, s. 57.

370.5. A regional multidisciplinary commission is hereby instituted for each region of Québec where the Government institutes an agency.

The commission is composed of

(1)  three professionals in the social sector, including one manager and two persons designated by and from among the members of the multidisciplinary councils of the institutions of the region;

(2)  three professionals in the rehabilitation sector and in the health sectors, other than medicine and nursing care, including one manager and two persons designated by and from among the members of the executive committees of the multidisciplinary councils of the institutions of the region;

(3)  three persons in the technical sectors designated by and from among the members of the executive committees of the multidisciplinary councils of the institutions of the region;

(4)  one person designated by and from among the representatives of general and vocational colleges;

(5)  one person designated by and from among the representatives of university-level schools and faculties in the health sectors;

(6)  one person designated by and from among the representatives of university-level schools and faculties in the social sectors.

The president and executive director of the agency or the person designated by the president and executive director for that purpose shall also be a member of the regional multidisciplinary commission.

On the recommendation of the regional multidisciplinary commission, the agency may designate not more than four resource persons as observers. Such persons shall participate in the discussions of the commission but shall be without voting rights.

The chair of the regional multidisciplinary commission shall be designated by and from among the members referred to in the second paragraph.

2001, c. 24, s. 57; 2005, c. 32, s. 227.

370.6. The procedure of designation of the members of the regional multidisciplinary commission and of its chair, their terms of office and the rules of internal management of the commission shall be determined by by-law of the agency.

2001, c. 24, s. 57; 2005, c. 32, s. 227.

370.7. The regional multidisciplinary commission is responsible to the board of directors of the agency

(1)  for advising it on the organization, distribution and integration of services in the territory and on the staffing plan;

(2)  for advising it on certain matters relating to the accessibility and coordination of services in the region;

(3)  for advising it on innovative approaches in services and their incidence on the health and well-being of the population;

(4)  for carrying out any other mandate entrusted to it by the board of directors of the agency and submitting periodic reports thereon.

2001, c. 24, s. 57; 2005, c. 32, s. 152.

370.8. The regional multidisciplinary commission may establish the committees necessary for the pursuit of its objects.

2001, c. 24, s. 57.

§ 6 . — Functions relating to public health

371. Each agency shall

(1)  establish a public health department;

(2)  ensure the security and confidentiality of the personal or confidential information obtained by a public health department in the exercise of its functions;

(3)  entrust the management of the regional public health action plan provided for in the Public Health Act (chapter S‐2.2) to the public health director appointed under section 372;

(4)  organize services and allocate resources for the purposes of the regional public health action plan.

1991, c. 42, s. 371; 1992, c. 21, s. 39; 1998, c. 39, s. 109; 2001, c. 60, s. 163; 2005, c. 32, s. 227.

372. The Minister, on the recommendation of the agency, shall appoint a public health director.

The Minister may require that a person representing the Minister participate in the process of selection of the public health director.

The public health director must be a physician trained in community health care and shall be appointed for a term of not more than four years. At the expiry of the term, the public health director shall remain in office until replaced or reappointed.

1991, c. 42, s. 372; 2001, c. 24, s. 58; 2005, c. 32, s. 227.

372.1. The Minister may, if a public health director is unable to act, is guilty of grave misconduct or tolerates a situation which could pose a threat to the health of the population, entrust the functions and powers vested in that public health director to another public health director, Québec’s national public health director appointed under the Act respecting the Ministère de la Santé et des Services sociaux (chapter M‐19.2) or a physician the Minister designates, for the time and on the conditions the Minister considers appropriate.

The Minister shall forthwith notify the president and executive director and the board of directors of the agency of the decision.

2001, c. 24, s. 59; 2005, c. 32, s. 227.

373. The public health director shall be responsible, in the region, for

(1)  informing the population on its general state of health and of the major health problems, the groups most at risk, the principal risk factors, the interventions he considers the most effective, monitoring the evolution thereof and conducting studies or research required for that purpose;

(2)  identifying situations which could pose a threat to the population’s health and seeing to it that the measures necessary for its protection are taken;

(3)  ensuring expertise in preventive health and health promotion and advising the agency on prevention services conducive to reducing mortality and avoidable morbidity;

(4)  identifying situations where intersectorial action is necessary to prevent diseases, trauma or social problems which have an impact on the health of the population, and, where the public health director considers it appropriate, taking the measures considered necessary to foster such action.

The public health director shall assume, in addition, any other function entrusted to him by the Public Health Act (chapter S‐2.2).

1991, c. 42, s. 373; 1998, c. 39, s. 110; 2001, c. 24, s. 60; 2002, c. 38, s. 11; 2005, c. 32, s. 227.

374. The director shall carry out any other mandate entrusted to him by the agency within the scope of his responsibilities.

1991, c. 42, s. 374; 2005, c. 32, s. 227.

375. The director must, without delay, inform Québec’s national public health director of any emergency or of any situation posing a threat to the health of the population.

1991, c. 42, s. 375; 2001, c. 24, s. 61.

375.0.1. Québec’s national public health director may request a public health director to report on the decisions or advice made or given in the exercise of the public health director’s functions.

2001, c. 24, s. 61.

375.1. (Repealed).

1992, c. 21, s. 40; 1998, c. 39, s. 111.

§ 7 . — Functions relating to human, material and financial resources management

376. The agency shall draw up regional staffing and human resources development plans in keeping with the orientations and policies established by the Minister and in cooperation with the institutions and organizations concerned, and see to their implementation. To that end, the the agency shall

(0.1)  set up a workforce information system facilitating, in particular, the preparation of the regional plans referred to in this paragraph;

(1)  coordinate personnel development activities and the preparation of the next generation of employees within the scope of the regional plans referred to in this paragraph;

(2)  coordinate personnel development activities for the members of the boards of directors of institutions;

(3)  assist community organizations with regard to human resource development activities for their members.

The agency shall also provide ways to assist the institutions in preparing their staffing and personnel development action plans, if requested, and identify priority needs in order to facilitate for institutions the pooling of services pertaining to staffing, and the professional development and mobility of their personnel.

1991, c. 42, s. 376; 2005, c. 32, s. 153.

377. Each agency shall prepare a regional medical staffing plan on the basis of the parts of the organization plans of institutions transmitted to it in accordance with sections 184 and 186, the number of physicians required to perform the specific activities referred to in section 361, and the number of general practitioners and medical specialists, listed by speciality, who are remunerated by the Régie de l’assurance maladie du Québec and practise in the region, including those who practise in a specialized medical centre or a private health facility.

In preparing its regional plan, the agency shall take into account the expansion or reduction objectives identified by the Minister, the medical activities of the physicians practising in the region who receive remuneration from the Régie de l’assurance maladie du Québec, and the number of positions determined by the Minister to be reserved for physicians having practised in other regions.

In preparing its regional plan, the agency must also take into account the recommendations obtained from the regional panel of heads of departments of specialized medicine pursuant to subparagraph 1 of the first paragraph of section 417.11, and the recommendations of the regional department of general medicine, obtained in the manner set out in subparagraph 1 of the first paragraph of section 417.2.

The regional plan, together with the parts of the organization plans of institutions that were used in preparing the regional plan, must be submitted to the Minister for approval with or without amendment.

The regional plan must be reviewed at least every three years and shall continue in force until the Minister decides on its review.

1991, c. 42, s. 377; 1998, c. 39, s. 112; 1999, c. 89, s. 53; 2005, c. 32, s. 154; 2006, c. 43, s. 14.

377.1. In order to ensure compliance with the regional medical staffing plan, every physician in the region who is remunerated by the Régie de l’assurance maladie du Québec and practises in a private health facility shall be bound by an agreement entered into under the sixth paragraph of section 19 of the Health Insurance Act (chapter A-29).

1998, c. 39, s. 113; 1999, c. 89, s. 53; 2002, c. 66, s. 13.

378. Once its regional medical staffing plan is approved, the agency shall approve the parts of the organization plans transmitted to it by institutions in accordance with sections 184 and 186.

However, before approving the parts of the organization plans referred to in the first paragraph that were transmitted to it by institutions which operate a centre designated as a university hospital centre or university institution, the agency shall consult the university with which each institution is affiliated. Such consultation shall bear on all the parts of the organization plans of the institutions.

The agency shall, on request, transmit to the Minister each part of an organization plan it has approved.

1991, c. 42, s. 378; 1992, c. 21, s. 70; 1998, c. 39, s. 114; 2005, c. 32, s. 227.

379. An agency may, in exceptional circumstances and with the Minister’s authorization, depart from its regional medical staffing plan to enable a physician to be appointed by an institution, upon obtaining his licence to practise, subject to the terms it determines, if, on 1 October 1992, that physician was a student enrolled in a medical training program.

Sections 237 to 252 apply, with the necessary modifications, to such a student.

1991, c. 42, s. 379; 2005, c. 32, s. 227.

380. Where the Minister so requests, the agency shall advise him on the methods of remuneration and on the organization of the practice of physicians practising in the region which best correspond to the needs of the region.

1991, c. 42, s. 380; 2005, c. 32, s. 227.

381. In performing its functions or at the request of the Minister, the agency may require that the institutions and community organizations of its region furnish to it, in the form and within the time limit it prescribes or which are determined by the Minister, the information prescribed by regulation under subparagraph 25 of the first paragraph of section 505 concerning clientele, services requested and provided and resources used. No information may be transmitted that would permit a user of an institution or a person using the services of a community organization to be identified.

It shall furnish the Minister with any information he requires on the allocation and use of the financial and material resources of the institutions and community organizations of its region.

1991, c. 42, s. 381; 2005, c. 32, s. 227.

382. The agency shall examine the institutions’ requests relating to material resources which must be submitted to it for advice or authorization in accordance with this Act or the regulations. It must reply to them with diligence.

1991, c. 42, s. 382; 2005, c. 32, s. 227.

383. The agency shall ensure that the institutions of its region are grouped for the joint procurement of goods and services it determines. It may, if necessary, require institutions to participate in joint procurement groups.

The institutions of a region may, with the authorization of the agency and on the conditions determined by the Minister, establish a non-profit legal person representing the institutions of the region to manage the procurement of goods and services. They must, however, establish such a legal person where the agency considers it necessary. If they fail to do so, the agency may, with the authorization of the Minister, see to the establishment of a joint service legal person for the institutions of the region.

With the authorization of the Minister, the types and manner of grouping institutions for the joint procurement of goods and services may be determined for two or more regions.

The provisions of sections 260 to 265, 278 to 280, 282, 289 to 292, 294 to 297, 436, 485, 486, 489, 499 and 500 apply, with the necessary modifications, to a legal person referred to in this section.

The auditor appointed by a legal person pursuant to section 290 must, for the fiscal year of the appointment, audit the financial report of the legal person and perform the other duties included in the audit mandate determined by the legal person, the agency or the Minister.

1991, c. 42, s. 383; 1996, c. 36, s. 51; 1998, c. 39, s. 115; 2005, c. 32, s. 155.

384. The agency shall determine the procedure according to which, and the intervals at which, a public institution, a private institution under agreement, and a private resource referred to in section 454 must respond to the questions of the agency concerning their management.

The agency shall also determine the procedure according to which it must, once a year, account for its management to the population of its territory, more specifically by presenting an annual report on its activities. The procedure must be submitted to the Minister for approval.

1991, c. 42, s. 384; 1998, c. 39, s. 116; 2005, c. 32, s. 156.

385. Upon ascertaining that an institution or one or several members of a board of directors is or are in one of the situations described in subparagraphs 3, 4 and 5 of the first paragraph of section 490, the agency shall inform the Minister thereof.

1991, c. 42, s. 385; 2005, c. 32, s. 227.

DIVISION II.1 MANAGEMENT AND REPORTING

2001, c. 24, s. 62.

§ 1 . — Management and accountability agreement

2001, c. 24, s. 62.

385.1. The Minister shall determine, within the scope of a management and accountability agreement entered into with an agency, the objectives to be achieved by the agency.

2001, c. 24, s. 62; 2005, c. 32, s. 227.

385.2. Such a management and accountability agreement must also contain

(1)  a definition of the mission and strategic directions of the agency;

(2)  an annual plan describing the objectives for the first year of the agreement, the measures to be taken to achieve them and the available resources, and an undertaking to produce such a plan on an annual basis;

(3)  the main indicators to be used in measuring the results;

(4)  an undertaking to produce, at the end of each year, a management report describing the results achieved.

2001, c. 24, s. 62; 2005, c. 32, s. 227.

385.3. A management and accountability agreement is a public document.

2001, c. 24, s. 62.

385.4. The president and executive director of an agency having entered into a management and accountability agreement must ensure that the mission and strategic directions of the agency are complied with, and that the agency achieves its annual objectives within the management framework applicable to it using the resources allocated to it.

2001, c. 24, s. 62; 2005, c. 32, s. 227.

385.5. The Minister is empowered to exercise supervision and control over the achievement of the objectives of an agency with which the Minister has entered into a management and accountability agreement.

The board of directors of the agency is also empowered to exercise supervision and control.

2001, c. 24, s. 62; 2005, c. 32, s. 227.

385.6. Where the Minister ascertains that the annual objectives of an agency have not been achieved or that the agency has not complied with its management and accountability agreement, the Minister may suspend or cancel the management and accountability agreement.

2001, c. 24, s. 62; 2005, c. 32, s. 227.

§ 2 . — Reporting

2001, c. 24, s. 62.

385.7. Every agency must prepare an annual management report.

The report must include

(1)  a presentation of the results obtained, measured against the objectives fixed in the management and accountability agreement;

(2)  a statement by the president and executive director of the agency concerning the reliability of the data and of the monitoring mechanisms;

(3)  any other particular or information determined by the Minister.

The annual management report of an agency shall be transmitted to the Minister, who shall table it in the National Assembly.

2001, c. 24, s. 62; 2005, c. 32, s. 227.

385.8. The annual management report shall replace the annual report of activities that is required under section 391 if the annual management report contains the information required to be included in the annual report of activities.

2001, c. 24, s. 62.

385.9. Sections 8 to 29 of the Public Administration Act (chapter A-6.01) do not apply to an agency.

2001, c. 24, s. 62; 2005, c. 32, s. 227; 2006, c. 29, s. 43.

DIVISION III OPERATING BUDGET AND REPORTS

386. The fiscal year of the agency ends on 31 March.

1991, c. 42, s. 386; 2005, c. 32, s. 227.

387. The president and executive director of the agency shall submit to the board of directors, before the date determined by the latter, the operating budget of the agency for the following fiscal year, prepared according to the budgetary parameters transmitted by the Minister.

The estimates of the expenditures and revenues must be balanced.

1991, c. 42, s. 387; 2001, c. 24, s. 63; 2005, c. 32, s. 227.

388. The Minister shall inform every agency, before 1 April each year, of the total amount he shall allocate to its operating budget for the following fiscal year.

Within the following 30 days, the board of directors shall see to it that the operating budget of the agency is revised, if necessary, adopt the operating budget of the agency and inform the Minister thereof.

Where a budget balancing plan is required to enable the agency to adhere to its operating budget, the board of directors shall see to it that such a plan is prepared, adopted and transmitted to the Minister, within 60 days, along with the operating budget of the agency.

In addition, the Minister may, if he considers it expedient, allocate a capital budget to an agency on the conditions he determines.

1991, c. 42, s. 388; 2005, c. 32, s. 227.

389. If, on 1 April in a year, an agency has not been informed by the Minister of the total amount allocated to its operating budget, one-quarter of the budget of the preceding fiscal year shall be renewed at the beginning of each quarter of the fiscal year and shall remain in force until it is replaced by the amount allocated to the budget of the fiscal year concerned.

1991, c. 42, s. 389; 2005, c. 32, s. 227.

390. An agency is subject to the provisions of section 115 and the first paragraph of section 269.1, with the necessary modifications, with regard to the complementary activities it organizes and the rules governing the use of its own property.

1991, c. 42, s. 390; 1996, c. 36, s. 35; 1998, c. 39, s. 117; 2005, c. 32, s. 227.

391. Not later than 30 September each year, an agency shall submit a report on its activities for the year ending on the preceding 31 March to the Minister.

The report must contain a description of the role of the agency and a general statement of its operations for the preceding fiscal year, with a description of the objectives set at the beginning of the fiscal year, the results obtained, the new orientations adopted, and any changes affecting the activities, including activities related to risk and quality management, and the human, material and financial resources of the agency for that year.

The report must include financial statements, consisting of a balance sheet, a statement of revenue and expenditure and a statement of changes in financial position. The statements must be presented in a way that allows each item for the fiscal year just ended to be compared with the corresponding item for the previous fiscal year. The agency must mention, in its financial statements and in the notes and tables to which the statements refer, if any, all the relevant information needed for a full disclosure of its financial position.

The report must also mention the activities, including activities related to risk and quality management, of the institutions in the region and the community organizations that receive subsidies from the agency under section 336 for the year ending on the preceding 31 March.

1991, c. 42, s. 391; 1996, c. 36, s. 36; 1998, c. 39, s. 118; 2002, c. 71, s. 14; 2005, c. 32, s. 227.

392. The Minister shall table the report of every agency before the National Assembly within 30 days of its receipt or, if the Assembly is not in session, within 30 days after resumption.

The National Assembly shall refer the report to the Parliamentary Committee on Social Affairs, which shall examine it and, for that purpose, hear each agency at least once every three years.

1991, c. 42, s. 392; 2005, c. 32, s. 227.

393. (Repealed).

1991, c. 42, s. 393; 1998, c. 39, s. 119.

394. Each agency must provide the Minister, at his request and in the manner and within the time he determines, with any statement, statistics, report or other information that he requires with regard to the activities of the agency or that he considers relevant to the carrying out of this Act. No information may be provided that would permit the user of an institution or a person using the services of a community organization to be identified.

1991, c. 42, s. 394; 2005, c. 32, s. 227.

395. The agency is subject to sections 280 and 288 to 295, with the necessary modifications, with respect to the reports it must transmit to the Minister and the audits of its books and accounts which it must cause to be carried out.

1991, c. 42, s. 395; 1998, c. 39, s. 120; 2001, c. 24, s. 64; 2005, c. 32, s. 227; 2008, c. 23, s. 19.

396. Notwithstanding any inconsistent legislative provision, an agency may, with the authorization of the Minister and on the conditions he determines, take out any form of loans recognized by law.

At the request of the Minister, an agency shall, either directly or through the financial institutions with which it does business, provide the Minister with any information on its financial position.

1991, c. 42, s. 396; 2005, c. 32, s. 227.

DIVISION IV BOARD OF DIRECTORS

§ 1 . — Composition, tenure and qualifications of members

397. The affairs of an agency are administered by a board of directors composed of the following members appointed by the Minister:

(1)  one member of the regional panel of heads of departments of specialized medicine and one member of the regional department of general medicine, chosen from a list provided by each body;

(2)  one member of the regional nursing commission;

(3)  one member of the regional multidisciplinary commission;

(4)  one person chosen from a list provided by the community organizations;

(5)  one person chosen from a list provided by the organizations from the public education sector;

(6)  one person chosen from a list provided by the institutions’ users’ committees;

(7)  one person chosen from a list provided by the organizations representing labour;

(8)  two persons representing the socio-economic organizations, chosen from a list provided by the regional conference or regional conferences of elected officers;

(9)  if necessary, one person chosen from a list provided by the universities with which the institutions that have a university designation are affiliated;

(10)  two persons recognized for their management skills, one chosen from a list provided by the institutions of the region referred to in section 119 and the other chosen from a list provided by the other institutions of the region;

(11)  three persons chosen from a list provided by the members referred to in paragraphs 1 to 10; and

(12)  the president and executive director of the agency.

1991, c. 42, s. 397; 1996, c. 36, s. 37; 1996, c. 59, s. 1; 1998, c. 39, s. 121; 2001, c. 24, s. 65; 2005, c. 32, s. 157.

397.0.1. All the lists of names referred to in section 397 must tend towards gender parity.

2001, c. 24, s. 66.

397.1. (Repealed).

1992, c. 21, s. 41; 1996, c. 36, s. 38; 1998, c. 39, s. 122.

397.2. When the Minister must appoint a person from a list referred to in section 397, the list must contain no fewer than three names.

If it is impossible for the Minister to obtain such a list, the rules prescribed in that section for appointing a member may be waived.

1996, c. 36, s. 38; 1998, c. 39, s. 123; 2001, c. 24, s. 67; 2005, c. 32, s. 158.

397.3. In making the appointments referred to in section 397, the Minister must take into account the representation of the various parts of the territory of the agency, the sectors of activity and the sociocultural, linguistic and demographic groups as well as the most equitable representation possible of men and women and of different age groups.

1996, c. 36, s. 38; 2001, c. 24, s. 67; 2005, c. 32, s. 159.

398. (Repealed).

1991, c. 42, s. 398; 1992, c. 21, s. 42; 1996, c. 36, s. 39; 2001, c. 24, s. 68.

398.0.1. (Repealed).

1998, c. 39, s. 124; 2001, c. 24, s. 68.

398.1. Section 150 applies, with the necessary modifications to the members of the board of directors of an agency.

In addition, with the exception of the president and executive director of the agency, the member of the regional nursing commission, the member of the regional multidisciplinary commission and the member of the regional department of general medicine or the regional panel of heads of departments of specialized medicine, no person who is employed by the Ministère de la Santé et des Services sociaux, an agency, an institution or the Régie de l’assurance maladie du Québec, or who receives remuneration from the latter, and no person having made a service contract under section 259.2, may be a member of the board of directors of an agency.

A bursary, a subsidy or an amount paid under a research contract is deemed not to be remuneration for the purposes of the second paragraph.

No person employed by a community organization may be appointed as a member of the board of directors of an agency, except under subparagraph 4 of section 397.

1996, c. 36, s. 40; 1998, c. 39, s. 125; 1999, c. 24, s. 37; 1999, c. 89, s. 53; 2001, c. 24, s. 69; 2005, c. 32, s. 160.

398.2. A person ceases to be a member of a board of directors when the person no longer qualifies for appointment to the board of directors.

1998, c. 39, s. 126; 2001, c. 24, s. 70.

399. The president and executive director shall be appointed for a term of not more than five years ; the other members shall be appointed for a term of not more than three years.

At the expiry of their terms, the president and executive director and the other members shall remain in office until replaced or reappointed.

1991, c. 42, s. 399; 1996, c. 36, s. 41; 2001, c. 24, s. 71.

400. Sections 153, 154, 155 and 165 apply, with the necessary modifications, to the members of the board of directors of an agency.

The Government shall determine the remuneration, employment benefits and other conditions of employment of the president and executive director.

1991, c. 42, s. 400; 1998, c. 39, s. 127; 2001, c. 24, s. 72; 2005, c. 32, s. 227.

401. Any vacancy on the board of directors, other than in the position of president and executive director, must be filled for the unexpired portion of the term. However, the Minister is not required to follow the rules of appointment provided for in section 397 to fill the vacancy, but may request the president and executive director of the agency to propose candidates.

Absence from the number of meetings of the board of directors determined by the internal rules of management constitutes a vacancy in the cases and circumstances indicated by the board.

1991, c. 42, s. 401; 1995, c. 28, s. 2; 1996, c. 36, s. 42; 1998, c. 39, s. 128; 2001, c. 24, s. 73; 2005, c. 32, s. 161.

§ 2 . — Chairman, vice-chairman and secretary

402. The members of the board of directors shall, each year, elect a chairman, a vice-chairman and a secretary from among their number.

1991, c. 42, s. 402.

403. The president and executive director of the agency and the members referred to in paragraphs 1 to 3 of section 397 may not be elected chairman or vice-chairman of the board of directors.

1991, c. 42, s. 403; 2001, c. 24, s. 74; 2005, c. 32, s. 162.

404. Section 158 applies, with the necessary modifications to the chairman of the board of directors.

1991, c. 42, s. 404.

§ 3 . — Functions of the board of directors

405. The board of directors of an agency shall administer the affairs of the agency and exercise all of its powers.

The board of directors shall be responsible, in particular, for

(1)  identifying priorities in relation to the needs of the population to be served and the services to be offered, taking into account the state of the health and welfare of the population of its region, the sociocultural and linguistic characteristics of that population and the sub-regional and socioeconomic characteristics of the region, and establishing orientations in respect thereof;

(2)  apportioning equitably the human, material and financial resources at its disposal, taking into account the same characteristics as those mentioned in paragraph 1;

(3)  appointing the senior management officers and, in accordance with section 63, the regional service quality and complaints commissioner;

(4)  (subparagraph repealed).

1991, c. 42, s. 405; 1992, c. 21, s. 43; 1996, c. 36, s. 43; 1998, c. 39, s. 129; 2001, c. 24, s. 75; 2005, c. 32, s. 163.

406. The members of the board of directors must act within the limits of the powers conferred on them, with the care, prudence, diligence and competence of any reasonable person in similar circumstances, with honesty and loyalty, and in the interest of the agency and the population of the region for which the agency is established.

1991, c. 42, s. 406; 2005, c. 32, s. 227.

407. Sections 175, 181, 234 and 235 apply, with the necessary modifications to the agency.

1991, c. 42, s. 407; 1998, c. 39, s. 130; 2001, c. 24, s. 76; 2005, c. 32, s. 227.

§ 4 . — Operation

408. The procedure for calling meetings of the board of directors shall be determined by by-law of the board.

The board of directors shall meet at least six times a year.

However, it must meet at the request of the chairman or at the written request of one-third of its members in office.

1991, c. 42, s. 408.

409. Sections 161, 161.1, 162 and 164 apply, with the necessary modifications, to meetings of the board of directors.

1991, c. 42, s. 409; 1998, c. 39, s. 131.

410. The decisions of the board of directors are made by a majority of the votes cast by the members present.

In the case of a tie-vote, the person chairing the meeting has a casting vote.

1991, c. 42, s. 410; 1998, c. 39, s. 132; 2001, c. 24, s. 77.

411. (Repealed).

1991, c. 42, s. 411; 1998, c. 39, s. 133.

412. The board of directors may, by by-law,

(1)  set up the committees necessary for the pursuit of its objects;

(2)  determine the composition, functions, duties and powers of the committees and their operating procedures, internal management rules and financing;

(3)  determine the mode of appointment, qualifications, functions, duties and powers and the term of office of committee members and the dismissal procedure.

1991, c. 42, s. 412.

412.1. With a view to improving the quality of services offered in a manner respectful of individual and group rights, the board of directors must create a watchdog committee to ensure the follow-up, with the board, of the recommendations made by the regional service quality and complaints commissioner or the Health and Social Services Ombudsman following complaints or interventions made under this Act or the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).

2005, c. 32, s. 164.

412.2. The committee is composed of the president and executive director, the regional service quality and complaints commissioner and three other members, including the board members appointed under paragraphs 4 and 6 of section 397. The board of directors shall choose the fifth member from among its other members.

2005, c. 32, s. 164.

412.3. The watchdog committee shall ensure that the agency fulfills its responsibilities relating to the quality of services and the enforcement of the rights of users or other people using the services, with respect to persons, organizations or functions that can be the subject of a complaint under section 60 of this Act or section 16 of the Act respecting pre-hospital emergency services (chapter S-6.2).

To that end, the committee must, in particular,

(1)  receive and analyze reports and recommendations sent to the board of directors by the regional service quality and complaints commissioner or the Health and Social Services Ombudsman;

(2)  establish systemic links between those reports and recommendations and draw from them the conclusions necessary to make recommendations under subparagraph 3;

(3)  make recommendations to the board of directors on the action to be taken following those reports or recommendations in order to improve the quality of the services offered users and other persons using services;

(4)  ensure the follow-up, with the board of directors, of the board’s implementation of the recommendations it made under subparagraph 3;

(5)  exercise any other function the board of directors considers useful in fulfilling the mandate entrusted to the committee under the first paragraph; and

(6)  ensure that the regional service quality and complaints commissioner has the human, material and financial resources required to carry out the responsibilities of office effectively and efficiently.

2005, c. 32, s. 164.

413. Sections 166, 168 and 169 apply, with the necessary modifications, to the documents and records of an agency.

1991, c. 42, s. 413; 2005, c. 32, s. 227.

DIVISION IV.1 PRESIDENT AND EXECUTIVE DIRECTOR

2001, c. 24, s. 78.

413.1. The president and executive director shall be responsible for the administration and direction of the agency within the scope of its by-laws.

The office of president and executive director is a full-time position. The president and executive director shall see that the decisions of the board of directors are carried out and that all the information the board of directors requires or needs in order to assume its responsibilities is transmitted to it.

2001, c. 24, s. 78; 2005, c. 32, s. 227.

DIVISION V INSPECTION, INQUIRY AND SUPERVISION

2001, c. 24, s. 79; 2005, c. 32, s. 165.

413.2. A person authorized in writing by an agency to carry out an inspection may enter a facility maintained by an institution in the region of the agency at any reasonable time of day in order to ascertain compliance with this Act and the regulations.

During the inspection, the person may

(1)  examine and make copies of any document related to the activities exercised by the facility; and

(2)  call for any information related to the application of this Act, and the production of any related document.

A person having custody, possession or control of such documents must, on request, make them available to the person carrying out the inspection.

A person who carries out an inspection must, when required, produce a certificate of authorization signed by the agency.

2005, c. 32, s. 166.

414. The agency may exercise a supervisory power in the manner provided in section 489, conduct an inquiry or direct a person it designates to conduct an inquiry in the following cases:

(1)  where an institution is not complying with the law;

(2)  where an institution tolerates a situation that could pose a threat to the health or well-being of the persons served by the institution;

(3)  where the agency becomes aware, at any time in a financial year, that the expenditures of a public institution exceeds its revenues and that the maintenance of its budgetary balance is threatened;

(4)  where the agency considers that there has been grave misconduct, such as embezzlement, in the management of the institution.

The agency or the person designated by it to conduct the inquiry is vested, for the purposes of the inquiry, with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C‐37), except the power to impose imprisonment.

1991, c. 42, s. 414; 1992, c. 21, s. 44; 1998, c. 39, s. 134; 2001, c. 24, s. 79; 2005, c. 32, s. 227.

415. Following the inquiry, the agency may require the institution concerned to submit an action plan in response to the recommendations made by the agency.

1991, c. 42, s. 415; 2001, c. 24, s. 79; 2005, c. 32, s. 227.

416. (Replaced).

1991, c. 42, s. 416; 2001, c. 24, s. 79.

417. (Replaced).

1991, c. 42, s. 417; 1998, c. 39, s. 135; 2001, c. 24, s. 79.

DIVISION VI REGIONAL DEPARTMENT OF GENERAL MEDICINE

1998, c. 39, s. 136.

417.1. A regional department of general medicine is hereby established within each agency.

The department shall consist of all the general practitioners who are remunerated by the Régie de l’assurance maladie du Québec and practise in the region, including those who practise in a private medical facility.

1998, c. 39, s. 136; 1999, c. 89, s. 53; 2005, c. 32, s. 227.

417.2. Within the framework of the powers conferred on the agency, the regional department of general medicine shall, while taking account of the responsibilities of the institutions in the territory of the agency, exercise the following responsibilities under the authority of the president and executive director:

(1)  making recommendations concerning the part of the regional medical staffing plan relating to general practitioners that must be drawn up in accordance with section 377 and, once the plan has been approved by the Minister, ensuring the implementation and application of the agency’s decision concerning the plan;

(2)  defining and proposing the regional organization plan for the provision of general medical care, which must specify, for each territory of a local health and social services network, the services provided in private health facilities, in local community service centres or in outpatient clinics of hospital centres operated by an institution, the nature of existing and expected services in terms of accessibility and the capacity to handle various types of patients, and ensuring the implementation and application of the agency’s decision concerning the plan;

(3)  defining and proposing the system of access to general medical care, that may include an integrated duty roster, particularly by means of service, pairing or sponsorship agreements between institutions, and an on-call duty roster for services dispensed in residential and long-term care centres and under the home-care program and ensuring the implementation and coordination of the agency’s decision concerning the system, the whole within the framework of the regional organization plan for general medical care services;

(4)  making recommendations on the nature of the general medical care services arising from priority programs, and ensuring the implementation of the agency’s decision concerning such matters;

(5)  making recommendations concerning the list of specific medical activities referred to in section 361, and ensuring the implementation of the agency’s decision concerning the list;

(6)  evaluating the degree to which the objectives of the regional organization plan for general medical care services and of the part of the regional medical staffing plan relating to general practitioners have been met;

(7)  giving its opinion on any project concerning the dispensing of general medical care services;

(7.1)  giving its opinion on certain projects relating to the use of drugs;

(7.2)  giving its opinion on the implementation of service corridors proposed by the integrated university health network; and

(8)  carrying out any other function assigned to it by the president and executive director of the agency in connection with general medical services.

Where the regional department of general medicine fails to exercise its responsibilities under subparagraph 2 or 3 of the first paragraph, the board of directors of the agency may request that they be exercised by the president and executive director.

1998, c. 39, s. 136; 2001, c. 24, s. 80; 2002, c. 66, s. 15; 2005, c. 32, s. 167.

417.3. The responsibilities of the regional department of general medicine shall be exercised by a supervisory committee comprising the following members:

(1)  three physicians elected by and from among the physicians who are members of the department;

(2)  two to nine physicians who are members of the department, co-opted by the physicians elected under paragraph 1 in the number fixed in accordance with section 417.4;

(3)  the president and executive director of the agency, or a physician designated by the executive director.

If there is a faculty of medicine in an agency’s area of jurisdiction, the supervisory committee must also include a member appointed by the dean of the faculty of medicine as well as a family medicine resident acting as an observer.

1998, c. 39, s. 136; 2001, c. 24, s. 81; 2005, c. 32, s. 227; 2006, c. 43, s. 15.

417.4. The specific composition of the supervisory committee of the regional department of general medicine, the procedure governing the election and appointment of members under paragraphs 1 and 2 of section 417.3 and their terms of office shall be determined by a by-law made by the physicians who are members of the department and who are present at a general meeting called for that purpose.

The by-law must prescribe that a majority of the members of the supervisory committee are to be physicians practising in primary health care, and that the composition of the committee is to ensure equitable representation of each part of the territory of the agency and each area of medical practice. The by-law shall come into force after being approved by the board of directors of the agency.

1998, c. 39, s. 136; 2005, c. 32, s. 227.

417.5. The regional department of general medicine shall be directed by a department head appointed by the supervisory committee from among the members of the committee referred to in paragraphs 1 and 2 of section 417.3; the appointment must be approved by the board of directors of the agency.

1998, c. 39, s. 136; 2005, c. 32, s. 227.

417.6. The supervisory committee of the regional department of general medicine may adopt by-laws concerning its internal management, the creation of committees and sub-territorial units together with their mode of operation, and the pursuit of the department’s objectives.

Such by-laws may also prescribe the manner in which some or all of the responsibilities assigned to the supervisory committee may be entrusted to the department head of the regional department of general medicine. The by-laws shall come into force after being approved by the board of directors of the agency.

1998, c. 39, s. 136; 2005, c. 32, s. 227.

DIVISION VII REGIONAL PHARMACEUTICAL SERVICES COMMITTEE

2005, c. 32, s. 168.

417.7. A regional pharmaceutical services committee is hereby established within each agency.

The committee is composed of representatives from each of the following groups: proprietary pharmacists, pharmacists practising in community pharmacies, heads of clinical departments of pharmacy and pharmacists practising in a centre operated by an institution.

The president and executive director of the agency and a representative of the school or faculty of pharmacy of a university located in the agency’s area of jurisdiction are also members of the committee.

2005, c. 32, s. 168.

417.8. With a view to supporting the organization of pharmaceutical services and the implementation of local health services and social services networks, the regional pharmaceutical services committee shall exercise the following responsibilities under the authority of the president and executive director:

(1)  making recommendations with respect to the organization of pharmaceutical services and staffing plans;

(2)  giving opinions on the accessibility and quality of pharmaceutical services and on projects related to drug use;

(3)  giving its opinion on innovative approaches in pharmaceutical care and services; and

(4)  carrying out any other mandate conferred on it by the president and executive director.

2005, c. 32, s. 168.

417.9. The procedure for appointing members of the regional pharmaceutical services committee and its chair, their term of office and the committee’s internal management rules are determined by a by-law of the agency.

2005, c. 32, s. 168.

DIVISION VIII REGIONAL PANEL OF HEADS OF DEPARTMENTS OF SPECIALIZED MEDICINE

2005, c. 32, s. 168.

417.10. A regional panel of heads of departments of specialized medicine is hereby established within each agency.

The panel is composed of all the medical specialists who act as department heads within an institution situated in the area of jurisdiction of the agency.

Exceptionally, the panel may also include medical specialists who act as department heads if the Minister considers that the number of department heads in the agency’s area of jurisdiction is insufficient to ensure the proper operation of the panel.

2005, c. 32, s. 168.

417.11. Within the framework of the powers conferred on the agency and taking into account the responsibilities of the institutions in the agency’s area of jurisdiction, the regional panel of heads of departments of specialized medicine shall exercise the following responsibilities under the authority of the president and executive director:

(1)  making recommendations concerning the part of the regional medical staffing plan pertaining to medical staff in specialties that must be drawn up in accordance with section 377, and, once the Minister has approved the plan, ensuring the implementation and application of the agency’s decision concerning the plan;

(2)  defining and proposing the regional organization plan for the provision of specialized medical care, divided by specialty, which must specify, for each territory of a local health and social services network, the services likely to best meet the needs of the people, including services provided in specialized medical centres and private health facilities, and ensuring the implementation and application of the agency’s decision concerning the plan;

(3)  defining and proposing the system of access to specialized medical care, which may include patient management at the regional level; a regional duty roster; service, pairing or sponsorship agreements between institutions in certain specialties; and the implementation and coordination of the agency’s decision concerning the system;

(4)  evaluating the degree to which the objectives of the regional organization plan for the provision of specialized medical care and the part of the regional medical staffing plan relating to medical specialists have been met;

(5)  giving its opinion on any project concerning the provision of specialized medical services and the renewal, distribution and development of specialized medical equipment and telemedicine, in accordance with the regional organization plan for the provision of specialized medical care;

(6)  giving its opinion on certain projects relating to the use of drugs;

(7)  giving its opinion on the establishment of the services corridors proposed by the integrated university health network; and

(8)  carrying out any other function assigned to it by the president and executive director of the agency in connection with specialized medical services.

If the regional panel of heads of departments of specialized medicine fails to exercise its responsibilities under subparagraph 2 or 3 of the first paragraph, the agency’s board of directors may request the president and executive director to exercise them.

2005, c. 32, s. 168; 2006, c. 43, s. 16.

417.12. The responsibilities of the regional panel of heads of departments of specialized medicine shall be exercised by a supervisory committee comprising the following members:

(1)  three members elected by and from among the medical specialists who act as department heads, from three of the clinical fields mentioned in section 417.13;

(2)  five to seven members appointed by the members referred to in subparagraph 1 from among the medical specialists acting as department heads in each of the other clinical fields mentioned in section 417.13; and

(3)  the president and executive director of the agency, or a medical specialist the president and executive director designates.

In addition, when there is a faculty of medicine in an agency’s area of jurisdiction, the supervisory committee must include a member appointed by the dean of the faculty of medicine as well as a medical resident acting as an observer.

2005, c. 32, s. 168.

417.13. The clinical fields that must be represented on the supervisory committee and from which the members forming the committee must be elected or appointed are: internal medicine, anaesthesiology, podiatry, surgery, psychiatry, gynaecology-obstetrics, laboratory medicine, which includes pathology, biochemistry, genetics, hema-oncology and microbiology-infectiology, and medical imaging, including nuclear medicine and diagnostic radiology.

In the absence of one of the clinical fields mentioned in the first paragraph in an agency’s area of jurisdiction, another representative of internal medicine or surgery may be appointed as member of the supervisory committee by the committee members referred to in subparagraph 1 of the first paragraph of section 417.12.

2005, c. 32, s. 168.

417.14. The regional panel of heads of departments of specialized medicine is directed by a chair appointed by the supervisory committee from among the members of the committee referred to in subparagraph 1 of the first paragraph of section 417.12; the appointment must be approved by the agency’s board of directors.

2005, c. 32, s. 168.

417.15. The procedure governing the election and appointment of members of the supervisory committee and their terms of office are determined by a by-law made by the department heads at a general meeting called for that purpose.

The by-law must prescribe that the composition of the committee is to ensure equitable representation of the institutions that operate a hospital centre and have their head offices in the agency’s area of jurisdiction, and that a member who loses the status of department head may nevertheless complete the unexpired portion of the member’s term on the supervisory committee. The by-law shall come into force after being approved by the agency’s board of directors.

2005, c. 32, s. 168.

417.16. The supervisory committee of the regional panel of heads of departments of specialized medicine may adopt by-laws concerning its internal management, the creation of committees and their mode of operation, as well as the pursuit of the panel’s objectives.

The by-laws may also prescribe the manner in which some or all of the responsibilities assigned to the supervisory committee may be entrusted to the chair of the regional panel of heads of departments of specialized medicine. The by-laws shall come into force after being approved by the agency’s board of directors.

2005, c. 32, s. 168.

CHAPTER II

Repealed, 1996, c. 36, s. 44.

1996, c. 36, s. 44.

418. (Repealed).

1991, c. 42, s. 418; 1996, c. 36, s. 44.

419. (Repealed).

1991, c. 42, s. 419; 1996, c. 36, s. 44.

420. (Repealed).

1991, c. 42, s. 420; 1996, c. 36, s. 44.

421. (Repealed).

1991, c. 42, s. 421; 1992, c. 21, s. 45; 1996, c. 2, s. 899; 1996, c. 36, s. 44.

422. (Repealed).

1991, c. 42, s. 422; 1996, c. 2, s. 900; 1996, c. 36, s. 44.

423. (Repealed).

1991, c. 42, s. 423; 1996, c. 36, s. 44.

424. (Repealed).

1991, c. 42, s. 424; 1996, c. 36, s. 44.

425. (Repealed).

1991, c. 42, s. 425; 1996, c. 36, s. 44.

426. (Repealed).

1991, c. 42, s. 426; 1996, c. 36, s. 44.

427. (Repealed).

1991, c. 42, s. 427; 1996, c. 36, s. 44.

428. (Repealed).

1991, c. 42, s. 428; 1996, c. 36, s. 44.

429. (Repealed).

1991, c. 42, s. 429; 1996, c. 36, s. 44.

430. (Repealed).

1991, c. 42, s. 430; 1996, c. 36, s. 44.

TITLE II THE MINISTER

CHAPTER I MINISTERIAL FUNCTIONS

431. With a view to improving the health and well-being of the general public, the Minister shall determine priorities, objectives and orientations in the field of health and social services and see to their implementation.

He shall, in particular,

(1)  establish health and social services policies, see that the policies are implemented and applied by the agencies, and that they are assessed;

(2)  prepare a multi-year strategic plan in accordance with section 431.1;

(3)  allocate human, material, information, technological and financial resources equitably among the regions and monitor their utilization;

(4)  see to the promotion of teaching and research;

(5)  develop management frameworks for human, material and financial resources;

(6)  establish policies and orientations relating to the workforce in the health and social services network, monitor their implementation and evaluate them;

(6.1)  take measures to ensure users the safe provision of health services and social services;

Not in force

(6.2)  from the content of the local registers referred to in section 183.2, establish and maintain a national register of incidents and accidents having occurred during the provision of health services and social services for the purpose of monitoring and analyzing the causes of incidents and accidents, ensuring that measures are taken to prevent such incidents and accidents from recurring and ensuring that control measures are implemented, where appropriate;

(7)  ensure inter-regional coordination of health services and social services, especially in order to make such services more accessible to all segments of the population of the regions of Québec;

(8)  take the measures that are best suited to ensure the protection of public health, and ensure national and inter-regional coordination;

(9)  determine the orientations with which the procedure for the application of control measures adopted by an institution under section 118.1 must be consistent;

(10)  distribute the guidelines for the standards of access, integration, quality, effectiveness and efficiency to the agencies and institutions;

(11)  assess the results of implementing the strategic plan and ensure the accountability of the network management based on the guidelines made public by the Minister;

(12)  determine the service areas of the integrated university health networks; and

(13)  assess and evaluate health and social services.

1991, c. 42, s. 431; 1992, c. 21, s. 46; 1997, c. 75, s. 50; 1998, c. 39, s. 137; 2001, c. 24, s. 82; 2002, c. 71, s. 15; 2001, c. 60, s. 164; 2005, c. 32, s. 169.

431.1. Focusing on results-based management, calling on the participation of all the partners of the health and social services network and taking the available resources into account, the Minister shall prepare a multi-year strategic plan identifying the following elements for all of Québec:

(1)  the health and social service needs and the distinctive characteristics of the general public based on an understanding of the health and well-being of that population;

(2)  the objectives to be pursued to improve the health and well-being of the general public, and organize and manage services;

(3)  the mandates and responsibilities to be assumed by the partners in the health and social services network; and

(4)   the mechanisms for province-wide coordination and for mobilizing the partners to implement the strategic plan.

2005, c. 32, s. 170.

431.2. If, after holding the appropriate consultations, the Minister considers that in light of generally recognized accessibility standards, the waiting time for a specialized medical service in Québec or in a particular region of Québec is unreasonable or about to become so, the Minister may, after obtaining the Government’s consent, take any measure necessary to implement alternative access mechanisms, in accordance with the Minister’s directives, so that the service concerned may be made otherwise accessible within a time the Minister considers reasonable.

The Minister may require that the institutions concerned or, if applicable, the provider chosen under section 520.3.0.1, supply, in the manner and within the time specified, the information collected under section 185.1 that is necessary for the Minister to assess whether the waiting time for a specialized medical service is unreasonable or about to become so. To that end, the Minister may also require that the provider produce statistics per institution or region or for all of Québec based on the information and supply them to the Minister. In no case may the information permit a user of an institution to be identified.

The Minister’s directives may require every institution involved in the provision of the service concerned to adjust its central access management mechanism accordingly, and require agencies, in cooperation with the integrated university health networks, to review service corridors in order to otherwise facilitate access to the service concerned.

The person responsible for a hospital centre’s central access management mechanism must notify the director of professional services on noting, after consulting the head of the clinical department concerned, that a user will not be able to receive a specialized medical service from the institution within a time the Minister considers reasonable. In that case, the director of professional services shall without delay make an alternative service proposal to the user within the framework of the medical care access system defined under subparagraph 3 of the first paragraph of section 417.11 and the service corridors established by the agency, so that the user may receive the required specialized medical service within a time the Minister considers reasonable.

Despite any inconsistent provision, the Minister may assume the cost of any service received in accordance with the Minister’s directives in a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3 or outside Québec.

2006, c. 43, s. 17.

432. The Minister may, with the approval of the Conseil du trésor, enter into an agreement with a body representing pharmacists, clinical biochemists or medical physicists working for institutions, concerning the terms of employment of such pharmacists, clinical biochemists or medical physicists.

Institutions shall be bound by any agreement.

The Minister must consult each association grouping a majority of institutions carrying on activities specific to the mission of centres of the same nature.

The remuneration and other terms of employment agreed upon in the agreement binding the pharmacists, clinical biochemists or medical physicists in accordance with the second paragraph shall be administered by the institutions.

1991, c. 42, s. 432; 2000, c. 8, s. 241; 2003, c. 25, s. 69.

432.1. The Minister may, with the approval of the Conseil du trésor, enter into an agreement for the purposes of sections 259.2 and following with any body representing midwives.

Such an agreement may in particular provide for different methods of remuneration and the payment, as compensation or reimbursement, of various amounts such as premiums, expenses or allowances.

Failing an agreement, the Conseil du trésor may fix the remuneration and methods of remuneration by a regulation which shall stand in lieu of an agreement.

Such an agreement is binding on the agencies and on the institutions.

The provisions of the Labour Code (chapter C‐27) and the Act respecting labour standards (chapter N‐1.1) do not apply to a midwife governed by an agreement entered into under this section, who provides midwifery services for an institution under a service contract entered into pursuant to section 259.2.

1999, c. 24, s. 38; 2005, c. 32, s. 171.

432.2. The provisions of an agreement entered into under section 432.1 shall continue to have effect after the expiry of the agreement ; they shall remain effective until the coming into force of a new agreement, which may include provisions that have effect upon the expiry of the agreement it replaces.

1999, c. 24, s. 38.

432.3. An agreement under section 432.1 is binding on all the midwives who are practising under a service contract entered into pursuant to section 259.2 whether or not they are members of the body with which the agreement was entered into.

1999, c. 24, s. 38.

433. In performing his duties under section 431, the Minister may require an institution to furnish to him, at the time and in the form he determines, the information, whether personal or not, prescribed by regulation under subparagraph 26 of the first paragraph of section 505 concerning needs for and utilization of services.

1991, c. 42, s. 433; 1998, c. 39, s. 138; 2006, c. 22, s. 177.

433.1. The Minister may establish a committee to advise the Minister on the provision of health services and social services to persons from ethnocultural communities.

The Minister shall determine the composition and rules of operation of the committee.

2005, c. 32, s. 172.

434. The Minister, in performing his duties under this Act, may, notwithstanding any inconsistent provision, to the extent and on the conditions fixed by the Government, implement any experimental project concerning the organization of the human or material resources of institutions for the purpose of fostering integrated organization and the provision of health services and social services.

He may, for the purposes set out in the first paragraph, enter into agreements with institutions or professionals, except for health professionals within the meaning of the Health Insurance Act (chapter A-29) as regards matters referred to in section 19 of the said Act.

The Minister, for the purposes of this section, shall publish a notice in the Gazette officielle du Québec of his intention to propose to the Government, 45 days after publication of the notice, the implementation of such an experimental project, and he shall permit any interested person to submit his observations to him during that period.

1991, c. 42, s. 434.

435. (Repealed).

1991, c. 42, s. 435; 1992, c. 21, s. 70; 1996, c. 36, s. 51; 1997, c. 43, s. 731; 2005, c. 32, s. 173.

436. The Minister shall establish policies concerning the procurement of goods and services, including procurement by joint procurement groups. He shall see to their implementation and application by the agencies and to their assessment. The policies must take into account the impact they will have on the regional economy and be consistent with the agreements on the liberalization of public procurement.

The Minister may take any step, including the implementation of a provincial scheme, to improve the effectiveness and efficiency of the institutions and limit expenditures relating to the acquisition of the goods and services he determines.

1991, c. 42, s. 436; 2005, c. 32, s. 174.

CHAPTER I.1 INTEGRATED UNIVERSITY HEALTH NETWORKS

2005, c. 32, s. 175.

436.1. In order to promote the coordination, complementarity and integration of the patient care, teaching and research missions of the health institutions designated as university institutions and the universities with which those institutions are affiliated, an integrated university health network is established for each service territory identified by the Minister in cooperation with the Minister of Education, Recreation and Sports.

The network is composed of all the institutions in the territory that operate a general and specialized hospital centre designated as a university hospital centre, a university institute or an affiliated university centre and that are affiliated with the university associated with the network, and of any institution that operates a rehabilitation centre designated as a university institute or an affiliated university centre.

Each institution that forms part of an integrated university health network may be called upon to serve a local area determined by the agency in whose area of jurisdiction the head office of the institution is situated.

2005, c. 32, s. 175.

436.2. The activities of an integrated university health network are directed by a management committee comprising the following members:

(1)  all the executive directors of the institutions that make up the network;

(2)  the president and executive director of each agency concerned in the network’s service territory; and

(3)  the dean of the faculty of medicine of the university associated with the network.

The committee may also invite any person whose participation in its proceedings it considers relevant.

2005, c. 32, s. 175.

436.3. The executive director of the institution operating the general and specialized hospital centre designated as the university hospital centre of the network, unless it is a children’s hospital, and the dean of the faculty of medicine of the university associated with the network are to be designated by the Minister to act as president or vice-president of the network. Their term of office is two years and may be renewed.

2005, c. 32, s. 175.

436.4. The president calls the meetings of the management committee, chairs them and ensures that they are conducted properly. The president also sees that the decisions made by the committee are carried out.

2005, c. 32, s. 175.

436.5. The management committee of an integrated university health network may adopt by-laws governing its meetings and the conduct of its affairs.

2005, c. 32, s. 175.

436.6. Each integrated university health network shall make proposals on the following subjects to the agencies concerned or to the Minister, as the case may be:

(1)  the supply of services in the recognized areas of expertise of institutions designated as university institutions, in response to the requests of local authorities and other associated institutions;

(2)  the assistance offered to the faculty of medicine of the university associated with the network extending access to medical training to the regions;

(3)  the transfer of knowledge between the faculty of medicine and the institutions in the service territory of the network;

(4)  access to programs fostering the maintenance of professional qualifications for partners from various health care occupations;

(5)  the coordination of applications for subsidies made to the Canadian investment fund by institutions forming part of the network;

(6)  the establishment of regional research teams;

(7)  collaboration with the other integrated university health networks in order to determine priority spheres of activity, decide on the distribution of activities, and ensure the dissemination of results, all under the direction of the agency evaluating health care technologies and methods of intervention known as the Agence d’évaluation des technologies et des modes d’intervention en santé;

(8)  the prevention of short, medium or long-term interruptions of services in institutions in its service territory that have difficulty providing general and specialized services to their clientele;

(9)  coordination, with the institutions forming part of the network, of the activities of the Agence d’évaluation des technologies et des modes d’intervention en santé in order to ensure the agency’s productivity and efficiency;

(10)  preparation of a university medical staffing plan within the scope of the regional medical staffing plan;

(11)  the establishment of a culture of collaboration between the institutions forming part of the network;

(12)  the grouping of specialized medical staff to avoid duplication; and

(13)  the establishment of services corridors.

In addition, each network shall make proposals to the Minister on

(1)  medical training and the distribution, among the institutions of the network, of students from the faculty of medicine of the university associated with the network; and

(2)  the coordination, with the Fonds de la recherche en santé du Québec, of the research activities of institutions in the service territory of the network, with a view to achieving a critical mass of researchers in given sectors and sharing technical facilities in order to avoid duplication.

2005, c. 32, s. 175.

436.7. Each institution forming part of an integrated university health network must

(1)  contribute to the supply of services proposed by the network in the institution’s recognized areas of expertise;

(2)  provide general, specialized and superspecialized services to the clientele in its local area and, at the request of the agency in whose area of jurisdiction the head office of the institution is situated, cooperate with the other institutions in the network’s service territory to prevent any interruption of services; and

(3)  offer, through the agency in whose area of jurisdiction the head office of the institution is situated, general and specialized services to the local authorities in that area of jurisdiction, and, where applicable, make agreements or agree on other arrangements with those institutions.

2005, c. 32, s. 175.

436.8. The Minister shall establish a Québec-wide integrated university health network coordination panel composed of

(1)  one representative designated by the Minister;

(2)  one representative designated by the Minister of Education, Recreation and Sports;

(3)  the dean of each faculty of medicine associated with an integrated university health network;

(4)  the executive director of each institution operating a general and specialized hospital centre designated as a university hospital centre, a university institute or an affiliated university centre, or the person the executive director designates;

(5)  the president and executive director of the Agence d’évaluation des technologies et des modes d’intervention en santé;

(6)  the chairman and managing director of the Fonds de la recherche en santé du Québec;

(7)  the president and executive director of the agency established for the Capitale-Nationale region, the agency established for the Estrie region and the agency established for the Montréal region; and

(8)  one representative from the Conference of Rectors and Principals of Quebec Universities designated by the Conference.

The integrated university health network coordination panel may invite any person whose participation in its proceedings it considers relevant.

The representative designated by the Minister shall act as chair and lead the panel.

The chair calls meetings, presides over them and ensures that they are conducted properly.

2005, c. 32, s. 175.

436.9. The Québec-wide integrated university health network coordination panel may adopt by-laws governing its meetings and the conduct of its affairs.

2005, c. 32, s. 175.

436.10. The Québec-wide integrated university health network coordination panel shall exercise the following responsibilities:

(1)  ensuring that academic medicine holds a strategic place in all the institutions in the health and social services network;

(2)  coordinating the action of the integrated university health networks to ensure access to academic medicine in all the regions of Québec;

(3)  ensuring joint action by all integrated university health networks, and, in the event of disagreement, specifying the contribution expected of each network; and

(4)  consulting the different health and social services partners.

2005, c. 32, s. 175.

436.11. The Québec-wide integrated university health network coordination panel must send an annual report of activities to the Minister. This report must be included in the annual management report the department produces under the Public Administration Act (chapter A‐6.01).

2005, c. 32, s. 175.

CHAPTER II PERMITS

DIVISION I ISSUE AND MODIFICATION

1995, c. 28, s. 3; 1998, c. 39, s. 139.

437. No person may engage in activities inherent in the mission of a local community service centre, hospital centre, child and youth protection centre, residential and long-term care centre or rehabilitation centre, or operate a specialized medical centre, unless he is the holder of a permit issued by the Minister.

No person may, in any way, purport to be authorized to engage in activities inherent in the mission of a centre mentioned in the first paragraph or to operate a specialized medical centre unless he is the holder of a permit issued by the Minister.

1991, c. 42, s. 437; 1992, c. 21, s. 70; 2006, c. 43, s. 18.

438. No person may operate a facility or engage in an activity under a name containing the words “local community service centre”, “hospital centre”, “hospital”, “child and youth protection centre”, “social service centre”, “residential and long-term care centre”, “rehabilitation centre”, “health and social services centre”, “reception centre” or “specialized medical centre” unless he is the holder of a permit issued by the Minister.

Nothing in the first paragraph shall prevent a foundation of an institution within the meaning of section 132.2 from using the name of the institution in its name, or the use of the words “veterinary hospital” in a name.

1991, c. 42, s. 438; 1998, c. 39, s. 140; 1999, c. 40, s. 269; 2005, c. 32, s. 176; 2006, c. 43, s. 19.

439. The facilities of an institution may be identified by a name other than that of the institution.

However, no institution may operate a facility under a name other than that indicated on its operating permit for that facility, where such is the case.

1991, c. 42, s. 439.

440. The permit issued to an institution shall indicate the mission of each centre operated by the institution and, where applicable, the class to which a rehabilitation centre or a hospital centre belongs, the type to which a rehabilitation centre for physically impaired persons belongs, a list of the facilities at the disposal of the institution and, where pertinent, their capacity.

The permit issued to the operator of a specialized medical centre shall state the form in which the centre is operated, the specialized medical treatments that may be provided in the centre, the address of the centre, and, if applicable, the number of beds available in the centre.

1991, c. 42, s. 440; 1992, c. 21, s. 70; 2006, c. 43, s. 20.

441. Every person applying for a permit must send his application to the agency on the form prescribed by the Minister. The person must possess the qualifications, fulfil the conditions and provide the information and documents prescribed by regulation.

After approving the application, the agency shall transmit it to the Minister, who shall issue a permit if he is of the opinion that it is in the public interest.

1991, c. 42, s. 441; 2005, c. 32, s. 227; 2006, c. 43, s. 21.

442. The permit issued to an institution is valid until it is modified, cancelled or withdrawn.

The permit issued to the operator of a specialized medical centre is valid for a period of five years, and may be renewed for the same period.

1991, c. 42, s. 442; 1998, c. 39, s. 141; 2006, c. 43, s. 22.

442.1. The Minister, after consulting with the agency and giving the holder the opportunity to present his views, may modify the permit of a public institution or private institution under agreement to modify the mission, class, type or capacity indicated on the permit if he is of the opinion that the public interest warrants it.

From the date on which the modified permit is issued, the holder is deemed to have the capacity and powers required to carry on his activities in conformity with the modified permit. The holder must, within six months from that date, and notwithstanding any inconsistent legislative provision, take the necessary measures to carry out the modifications required as a consequence of the Minister’s decision.

1995, c. 28, s. 4; 2005, c. 32, s. 227.

443. (Repealed).

1991, c. 42, s. 443; 1995, c. 28, s. 5; 1998, c. 39, s. 142.

DIVISION II OBLIGATIONS OF PERMIT HOLDERS

444. The activities of a permit holder must be carried on within the scope of his permit.

1991, c. 42, s. 444.

445. No permit holder may transfer his permit without the written authorization of the Minister.

1991, c. 42, s. 445; 1999, c. 40, s. 269.

DIVISION III SUSPENSION, CANCELLATION AND REFUSAL TO RENEW

1998, c. 39, s. 143; 2006, c. 43, s. 23.

446. The Minister may suspend or cancel the permit issued to an institution if the permit holder

(1)  has been convicted of an offence under this Act or the regulations or an indictable offence in connection with the performance of activities for which he holds a permit;

(2)  is unable, in the opinion of the agency concerned, to ensure adequate health services or social services;

(3)  is or is about to become insolvent;

(4)  no longer fulfils the conditions required by regulation to obtain the permit.

1991, c. 42, s. 446; 1998, c. 39, s. 144; 2005, c. 32, s. 227; 2006, c. 43, s. 24.

446.1. The Minister may suspend, revoke or refuse to renew the permit issued to the operator of a specialized medical centre if

(1)  the operator is in the situation described in paragraph 1, 3 or 4 of section 446;

(2)  the operator has failed to have the services provided in the centre accredited within three years from the issue of the permit, or has subsequently failed to maintain that accreditation;

(3)  in the opinion of the board of directors of a professional order, the quality or safety of the professional services provided in the centre by members of the order is not adequate; or

(4)  the operator or medical director of the centre has failed to fulfil the obligations imposed by this Act.

2006, c. 43, s. 25; 2008, c. 11, s. 212.

447. If a permit holder operator is in the situation described in paragraph 2 of section 446 or in paragraph 2, 3 or 4 of section 446.1, the Minister, instead of suspending, revoking or refusing to renew the permit, may order the holder to take the necessary remedial measures within the time set by the Minister.

If the permit holder fails to comply with the Minister’s order within the time fixed, the Minister may then suspend or cancel his permit.

1991, c. 42, s. 447; 1998, c. 39, s. 145; 2006, c. 43, s. 26.

448. Where the Minister has reasonable grounds to believe that a permit holder is contravening this Act or the regulations, he may accept a voluntary undertaking from the holder to comply with the Act and the regulations, and shall notify the agency thereof.

If the holder fails to comply with his undertaking, the Minister may then suspend or cancel his permit.

1991, c. 42, s. 448; 1998, c. 39, s. 146; 2005, c. 32, s. 227.

449. The Minister shall, before suspending, cancelling or refusing to renew a permit, notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.

Where the Minister suspends, cancels or refuses to renew a permit, he shall notify the holder in writing, giving the reasons on which his decision is based.

1991, c. 42, s. 449; 1997, c. 43, s. 732; 1998, c. 39, s. 147; 2006, c. 43, s. 27.

450. A permit holder whose permit is suspended, cancelled or not renewed may contest the Minister’s decision before the Administrative Tribunal of Québec within 60 days of the date on which the decision was notified to him.

1991, c. 42, s. 450; 1997, c. 43, s. 733; 1998, c. 39, s. 148; 2006, c. 43, s. 28.

451. (Repealed).

1991, c. 42, s. 451; 1997, c. 43, s. 734.

DIVISION III.1 WITHDRAWAL OF PERMITS OF CERTAIN INSTITUTIONS

1995, c. 28, s. 6; 2006, c. 43, s. 29.

§ 1 . — Provisions applicable to public institutions and private institutions under agreement

1995, c. 28, s. 6.

451.1. The Minister, at the request of an agency or of his own initiative, may, if he is of the opinion that the public interest warrants it, in particular to ensure effective and efficient management of the health and social services network, withdraw the permit of a public institution or private institution under agreement, with the authorization of the Government and on the conditions it determines.

The Minister shall cause a notice to be published in the Gazette officielle du Québec of his intention to recommend to the Government, 45 days after publication of the notice, that an order be made authorizing him to withdraw the permit.

After publication of the notice, the Minister must give the institution concerned and the agency the opportunity to present their views.

1995, c. 28, s. 6; 2005, c. 32, s. 227.

451.2. Within 30 days after receipt of the Minister’s decision to withdraw its permit, the institution must submit a plan to the Minister, who shall approve it with or without modification, containing the measures required to ensure cessation of the institution’s activities and the timetable for implementing the measures. The plan must contain, in particular, measures relating to the cessation of medical activities and the relocation of users, the transmission of information in that respect to the physicians and dentists concerned, and the laying-off or placing on reserve of personnel.

Notwithstanding section 442, the permit of the institution remains valid until all the measures in the plan have been implemented.

1995, c. 28, s. 6; 1998, c. 39, s. 149.

451.3. At the request of the Minister, the institution must, within the time fixed by the Minister, provide him with any information he considers necessary for the purpose of granting his approval.

The institution must carry out the plan that has been approved and comply with the timetable submitted.

The Minister shall ensure that the institution receives the necessary assistance to implement and carry out the plan.

1995, c. 28, s. 6.

451.4. The institution shall transmit to the Minister, at his request, a report on the carrying out of the plan.

1995, c. 28, s. 6.

451.5. If the institution neglects or refuses to submit the plan required by section 451.2, or if it does not carry out the plan as it was approved or is unable to carry it out, the Minister shall appoint a person to exercise all the powers of the board of directors, in the case of a public institution, or those of the administrator or board of directors, in the case of a private institution under agreement.

Section 502, adapted as required, applies to that person.

1995, c. 28, s. 6.

451.6. Where the Minister is satisfied that the measures contained in the plan have been implemented, he shall cause a notice to be published in the Gazette officielle du Québec indicating the date from which the permit of the institution is withdrawn.

1995, c. 28, s. 6.

§ 2 . — Provisions applicable to public institutions

1995, c. 28, s. 6.

451.7. If the notice referred to in section 451.6 concerns a public institution, the affairs of the institution shall be liquidated and the Minister shall indicate in the notice the name and address of the liquidator as well as the address to which interested persons may send their claims.

The Minister shall, in addition, cause the notice to be published in a daily newspaper circulated in the locality in which the head office of the institution is situated.

1995, c. 28, s. 6.

451.8. The Minister shall fix the remuneration of the liquidator and specify whether the liquidator must give security to guarantee the performance of his obligations.

1995, c. 28, s. 6.

451.9. If a vacancy occurs in the office of liquidator by reason of death, resignation, revocation or otherwise, the Minister shall appoint a replacement liquidator and shall cause a new notice to be published in accordance with section 451.7.

1995, c. 28, s. 6.

451.10. From the date of publication of the notice referred to in section 451.6, any action or proceeding concerning the property of the institution, in particular, by seizure by garnishment, seizure before judgment or seizure in execution, shall be suspended.

The costs incurred by a creditor after learning of the liquidation personally or through his attorney may not be collocated on the proceeds of the property of the institution that are distributed owing to the liquidation.

A judge of the Superior Court of the district where the head office of the institution is situated may nonetheless, on the conditions he considers appropriate, authorize the institution or continuation of any action or proceeding.

1995, c. 28, s. 6.

451.11. The liquidator is seised of the property of the institution and acts as an administrator of the property of others entrusted with full administration.

1995, c. 28, s. 6.

451.12. The liquidator shall first pay the debts of the institution and the costs and expenses of the liquidation.

The liquidator shall then, if the assets include property deriving from contributions made by a member of a legal person referred to in paragraph 1 of section 98, remit the property to the member at the member’s request. If the assets are insufficient to do so, the liquidator shall partition the assets in proportion to the respective rights of the members concerned.

Any residue devolves, without compensation, to the Government or to a legal person it designates, notwithstanding any inconsistent legislative provision.

1995, c. 28, s. 6.

451.13. The liquidator shall, every three months, transmit a summary report of his activities for that period to the Minister. The report shall indicate the amounts collected and the amounts disbursed for the liquidation as well as a statement of assets and liabilities at the end of the period.

1995, c. 28, s. 6.

451.14. As soon as the liquidation has been completed, the liquidator shall file with the Minister a general statement of the manner in which the liquidation was conducted.

The liquidation of the institution is closed by the publication of a notice of closure by the Minister in the Gazette officielle du Québec. The Minister shall then request the enterprise registrar to cancel the constituting instrument of the institution, notwithstanding any inconsistent legislative provision. The cancellation takes effect on the 60th day after publication of a notice to that effect in the Gazette officielle du Québec, and the institution is then dissolved.

1995, c. 28, s. 6; 2002, c. 45, s. 556.

451.15. The Minister shall keep the books and registers of the institution for five years after the closure of the liquidation and shall subsequently dispose of them as he sees fit.

1995, c. 28, s. 6.

§ 3 . — Provisions applicable to private institutions under agreement

1995, c. 28, s. 6.

451.16. If the notice referred to in section 451.6 concerns a private institution under agreement, and a person has been appointed pursuant to section 451.5, that person shall surrender the control and administration of the property to the administrator or board of directors of the institution.

1995, c. 28, s. 6.

451.17. From the publication of a notice under section 451.6, the provisions of the constituting instrument of the private institution constituted as a legal person and under which the institution was empowered to carry on the activities concerned are inoperative until they are replaced or repealed.

1995, c. 28, s. 6.

DIVISION IV OPERATION WITHOUT A PERMIT

452. Where, in a facility, activities for which a permit is required under section 437 are carried on without a permit, the Minister may, after consulting the agency concerned, proceed with the evacuation and relocation of any persons lodged in that facility, if that is the case.

Before so doing, the Minister shall serve his decision giving the reasons therefor on the person maintaining the facility.

From receipt of the Minister’s decision, the person shall not, except in medical emergencies or with the written authorization of the Minister, allow the transfer of the persons lodged in the facility whose names appear in a list appended to the Minister’s decision giving reasons.

1991, c. 42, s. 452; 2005, c. 32, s. 227.

453. The person concerned by the Minister’s decision under section 452 may contest the decision before the Administrative Tribunal of Québec.

The Minister may, if no proceeding is brought within 10 days of notification of the decision and after obtaining the authorization of the Tribunal, evacuate and relocate the persons lodged in a facility referred to in section 452.

If the decision of the Minister is contested before the Tribunal, the Minister cannot act before a decision is rendered by the Tribunal.

1991, c. 42, s. 453; 1997, c. 43, s. 735.

453.1. The Minister may delegate the powers that may be exercised by the Minister pursuant to this division to each agency.

1998, c. 39, s. 150; 2005, c. 32, s. 227.

CHAPTER III ACCREDITATION OF CERTAIN PRIVATE RESOURCES FOR FUNDING PURPOSES

454. With a view to allowing people with decreasing autonomy to receive various health services or social services, the agency may grant a financial allowance to a private nursing home or to a private institution not under agreement which operates a residential and long-term care centre; the allowance may vary according to the type of services offered.

The agency may also grant a financial allowance to a community organization to allow it to obtain from an institution, by an agreement entered into under section 108.3, all or some of the health services or social services required by the organization’s clientele, or to provide some of those services.

1991, c. 42, s. 454; 1992, c. 21, s. 47; 2005, c. 32, s. 177.

455. Only a person to whom accreditation has been granted under this chapter may receive a financial allowance under section 454.

1991, c. 42, s. 455.

456. Any person who satisfies the requirements determined by the Minister and who applies for accreditation on the form provided by him is eligible therefor.

1991, c. 42, s. 456.

457. Every person applying for accreditation must file an application with the agency.

The agency, once it has approved the application, shall send it to the Minister who may grant accreditation on the conditions and, in the case of an organization referred to in the second paragraph of section 454, for the clientele determined by the Minister.

1991, c. 42, s. 457; 1998, c. 39, s. 151; 2005, c. 32, s. 178.

458. Accreditation granted by the Minister remains in force as long as the person to whom it was granted complies with this Act, satisfies the requirements and fulfils the conditions determined by the Minister.

The Minister may, however, grant accreditation for a determined period, or temporary accreditation, whenever he considers it necessary.

1991, c. 42, s. 458.

459. Every person to whom accreditation has been granted must, prior to the fact, inform the agency and the Minister in writing of any change of address of the residence, centre or community organization, of any alienation of assets or shares or of any transaction which entails ineligibility.

1991, c. 42, s. 459; 2005, c. 32, s. 179.

460. The Minister may cancel accreditation at the request of the person to whom it was granted or suspend or revoke it where the person no longer fulfils the conditions prescribed by this Act or the requirements or conditions determined by the Minister.

Before deciding to suspend or revoke an accreditation, the Minister must obtain the advice of the agency and notify the person concerned in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J‐3) and allow the person at least 10 days to present observations.

1991, c. 42, s. 460; 1997, c. 43, s. 736; 2005, c. 32, s. 227.

461. The Minister must give notice of his decision in writing, giving the reasons therefor, to the person whose accreditation is suspended or revoked.

1991, c. 42, s. 461.

462. No person may use the terms “accredited residence”, “accredited institution” or “accredited organization”, or associate the notion of accreditation with a residence, institution or other organization, unless the person has been granted accreditation under this Act.

1991, c. 42, s. 462; 2005, c. 32, s. 180.

CHAPTER IV FUNDING OF SERVICES

463. The Minister shall see to it that the resources necessary for funding the health and social services system are allocated equitably among the regions, according to the population they serve and their social and health characteristics.

He shall establish resource allocation mechanisms in order to allow the agencies to manage the resource envelope allocated to them.

He shall approve the financial resource allocation plan submitted to him by each agency pursuant to the first paragraph of section 350.

1991, c. 42, s. 463; 1992, c. 21, s. 48; 1998, c. 39, s. 152; 2001, c. 24, s. 83; 2005, c. 32, s. 181.

464. Each year, after consultation with the agencies, the Minister shall establish budgetary rules to determine the amount of operating and capital expenditures that is eligible for subsidies to be granted to agencies.

In the budgetary rules, the Minister must provide for the payment of subsidies intended to eliminate inter-regional disparity.

The budgetary rules shall also provide for the amount of debt service expenditures which is eligible for subsidies to be granted to public institutions and the amount of subsidies to be granted to other persons and organizations eligible therefor who or which fulfil a special obligation pursuant to this Act or under an agreement entered into in accordance with this Act.

The budgetary rules established by the Minister must be submitted to the Conseil du trésor for approval.

1991, c. 42, s. 464; 1992, c. 21, s. 49; 2005, c. 32, s. 227.

465. Each year, the Minister shall establish special budgetary rules for the agencies with respect to their management, the allocation of budgets to institutions and the granting of subsidies to the community organizations and accredited private resources to which this Act applies.

1991, c. 42, s. 465; 2005, c. 32, s. 227.

466. The budgetary rules referred to in sections 464 and 465 may provide that the granting of a subsidy may be made

(1)  on the basis of general standards applicable to all those eligible or on the basis of special standards applicable to only some of them;

(2)  subject to general conditions applicable to all those eligible or to special conditions applicable to only one or some of them;

(3)  subject to authorization by the Minister;

(4)  to only one or some of those eligible.

1991, c. 42, s. 466.

467. The budgetary rules may also deal with

(1)  the use of the revenue that may be collected and the financial contributions that must be demanded pursuant to this Act, and the effect thereof on the calculation or payment of subsidies;

(2)  the frequency of instalments and other terms and conditions of payment of a subsidy.

1991, c. 42, s. 467.

CHAPTER V FUNDING OF OTHER SERVICES

468. The Minister may, on the conditions he determines, grant a subsidy on behalf of the Government to any agency or public institution to provide, out of the funds voted annually for such purpose by Parliament, for the total or partial payment in principal and interest of any loan contracted or to be contracted by the agency or public institution.

The agency or public institution must allocate the proceeds of the loan referred to in the first paragraph to the payment of capital expenditures and related debt service, the repayment of loans made for the purposes of such expenditures or the payment of costs and expenses related to the said loan.

The Minister may deposit with the Minister of Finance, to be managed by him, all amounts intended as funds for the principal of the debentures issued by the agency, the public institution or the Corporation d’hébergement du Québec to constitute a sinking fund for the repayment out of these sums, on the dates specified in the loan, of the principal of such debentures and, out of the proceeds or revenues of the fund, the loans of any agency or public institution or of the Corporation.

The third paragraph applies only to loans contracted before 1 April 1991.

1991, c. 42, s. 468; 2005, c. 32, s. 227.

469. The Minister may deposit with the Minister of Finance, to be managed by him, sums intended for the repayment of the principal of a loan in respect of which a subsidy has been granted under section 468 or 471, in order to constitute a sinking fund for the purpose of repaying out of such sums the principal of the loan, on the maturity dates under the terms of the loan.

The revenue of the sinking fund shall be used for the repayment of any duly authorized loan of any agency or any public institution or the loans of the Corporation d’hébergement du Québec, or shall be allocated to the repayment of any loan for which a sinking fund is constituted, in replacement of the sums that would otherwise be deposited under the first paragraph.

This section applies only to loans contracted on or after 1 April 1991.

1991, c. 42, s. 469; 2005, c. 32, s. 227.

470. The Minister may withhold or cancel the whole or part of the amount of a subsidy intended for an agency, a public institution, a private institution under agreement, a community organization or an accredited private resource where it refuses or neglects to comply with a provision of this Act or the regulations applicable to it. An agency may exercise the same powers with regard to subsidies intended for the institutions, community organizations and accredited private resources of its region.

The Minister cannot, however, withhold or cancel a subsidy granted under section 468 for the payment in capital and interest of any duly authorized loan obtained by an agency or public institution.

1991, c. 42, s. 470; 2005, c. 32, s. 227.

471. The Minister may, on the conditions he determines, assume the performance of any obligation of the Corporation d’hébergement du Québec, or grant, on behalf of the Government, a subsidy of the same nature as that of a subsidy under section 468 to provide for the payment of any loan obtained by that Corporation, where the loan or obligation is obtained or undertaken, directly or indirectly, for one or other of the following purposes:

(1)  to acquire, build or convert an immovable used or to be used by an institution, an agency or any other person, association or legal person specially designated by the Minister;

(2)  to administer and maintain such an immovable and acquire or procure, by supply contract, the required furnishings and equipment and all other services which may be required;

(3)  to finance such activities;

(4)  to carry out the activities mentioned in subparagraphs 1, 2 and 3 with respect to an institution governed by the Act respecting health services and social services for Cree Native persons (chapter S‐5) or a regional council established under that Act.

This section applies only to obligations and loans contracted before 1 April 2000.

1991, c. 42, s. 471; 1992, c. 21, s. 50; 1994, c. 23, s. 4; 1996, c. 36, s. 51; 1999, c. 40, s. 269; 1999, c. 34, a. 56; 2005, c. 32, s. 227.

472. (Repealed).

1991, c. 42, s. 472; 1999, c. 34, s. 57.

472.1. The Corporation d’hébergement du Québec may guarantee the performance of any obligation which an association recognized by the Minister under section 267 is required to discharge in connection with the management of a deductible on an insurance contract negotiated and concluded by the association in favour of its members. The Corporation may also advance to the association any sum it considers necessary in connection with such management.

The Minister may, on the conditions determined by the Government, repay to the Corporation d’hébergement du Québec any sum the Corporation may be required to pay under the guarantee provided for in the first paragraph. The sums necessary for such purpose shall be taken out of the consolidated revenue fund.

1996, c. 59, s. 2.

473. (Repealed).

1991, c. 42, s. 473; 1999, c. 34, s. 57.

474. (Repealed).

1991, c. 42, s. 474; 1999, c. 34, s. 57.

475. An agency may, if it considers it in the public interest and justified by the needs of the region, enter into an agreement with a private institution for either of the following purposes:

(1)  compensation for the health and social services it provides under the agreement, at a rate fixed by the Government for any class of centres or services it designates;

(2)  full or partial reimbursement for expenditures eligible for subsidies under the budgetary rules referred to in section 465.

The terms and conditions of financing set out in an agreement entered into pursuant to the first paragraph are subject to the provisions of section 476. The same applies in the case of the renewal of such an agreement.

In case of disagreement between an agency and a private institution as regards the determination of the terms and conditions of financing applicable under an agreement or upon the renewal of an agreement, the agency may, six months after the beginning of discussions, apply to the Minister for a determination of such terms and conditions.

1991, c. 42, s. 475; 1998, c. 39, s. 153; 2005, c. 32, s. 227.

476. The Minister shall determine, with the approval of the Conseil du trésor, the general terms and conditions relating to the financing of the activities of private institutions, and that shall be applicable, subject to the exceptions provided for by the Minister, to all financing agreements entered into pursuant to subparagraph 2 of the first paragraph of section 475.

The Minister shall also determine the minimum content, the duration and, where necessary, the form of agreements entered into pursuant to section 475. The content of such agreements may vary according to the region concerned, the nature or scope of the services dispensed by the institutions having a similar mission, or the users served by such institutions.

1991, c. 42, s. 476; 1998, c. 39, s. 154.

477. In order to ensure the uniform administrative and financial management of public and private institutions under agreement and of agencies, the Minister shall publish and keep up to date a financial management manual.

1991, c. 42, s. 477; 2005, c. 32, s. 227.

CHAPTER VI MATERIAL AID AND ASSISTANCE TO PERSONS

478. The Minister, an agency or an institution designated for such purpose by the Minister, or an organization authorized by the Minister, may provide material or financial assistance for either of the following purposes:

(1)  to lodge any person who is the victim of violence, vagrant or homeless;

(2)  to maintain a person in his home.

He or it may also provide any other form of assistance determined by the Government, such as maintenance or transportation allowances or other allowances or payments for which the person is not eligible under another Act.

1991, c. 42, s. 478; 2005, c. 32, s. 227.

479. Where assistance is granted to a person under section 478, an assessment shall be made, in the cases prescribed by regulation under section 480, to determine whether the person is in need of assistance.

The assessment shall be made by comparing the income and assets of the person with the cost of his needs on a monthly basis. The income, assets and, if applicable, needs of the person taken into account for the assessment shall be those determined in the regulation referred to in the first paragraph.

1991, c. 42, s. 479.

480. The Government shall determine by regulation

(1)  the cases in which an assessment must be made to determine whether a person is in need of assistance;

(2)  the income, assets and, if applicable, needs to be taken into account, or excluded, in determining a person’s financial situation;

(3)  the amounts which may be paid and the goods and services which may be furnished as material and financial assistance.

1991, c. 42, s. 480.

481. Emergency lodging shall include lodging, feeding and providing assistance and various support services to a person whose physical or mental security is compromised and who, due to that fact, is in need of such services.

1991, c. 42, s. 481.

482. Amounts of money paid under this chapter for emergency lodging shall be deemed to be made to cover payment for the cost of lodging and of services rendered to persons recognized as being in need of assistance under the provisions of this chapter.

1991, c. 42, s. 482.

Not in force

483. Amounts of money paid before (insert here the date of coming into force of this section) to or for persons in need by the Minister, institutions or organizations, in the form of allowances or premiums, to foster attendance of the institution or organization, encourage continued participation in a rehabilitation program or for emergency lodging, shall be deemed to have been provided under section 478.

1991, c. 42, s. 483.

484. Aid granted under this chapter is unassignable and unseizable. Such aid must be used for the purposes for which it was granted. It is not taken into account when benefits, allowances or income replacement benefits are granted or calculated under any other legislative or regulatory provision, unless the provision expressly prescribes otherwise.

1991, c. 42, s. 484.

CHAPTER VII REGULATIONS

485. The Minister may, with the approval of the Conseil du trésor, make regulations applicable to institutions, joint procurement groups and agencies respecting the rules, conditions and procedure to be observed for franchising of services, alienation of property, leasing of immovables and contracts related to such matters.

The Minister may, in like manner, make regulations respecting the procedure to be observed for the construction of immovables and for the procurement of goods and services, joint procurements and mandates given for such purposes.

1991, c. 42, s. 485; 1999, c. 34, s. 58; 2005, c. 32, s. 182; 2006, c. 29, s. 44.

486. The Minister, in making regulations under section 485, may determine cases where his approval or that of the agency is required.

For the purposes of the regulations, the Minister may, in addition, prescribe and issue model contract forms or other standard documents.

1991, c. 42, s. 486; 2005, c. 32, s. 227.

487. The Government may, if it considers it warranted by exceptional circumstances, such as full funding by private sources, or where major financial, scientific or technological repercussions on the activities of an institution are at stake, permit the Minister to exclude a project involving the construction of an immovable from the application of all or some of the provisions of a regulation made under the second paragraph of section 485.

The Government may, in that case, establish other specific terms and conditions for the carrying out of the project concerned.

1991, c. 42, s. 487; 2006, c. 29, s. 45.

487.1. The Minister may, by regulation, determine the information relating to the report on activities and the annual financial report that a public institution must present during its public information session.

1998, c. 39, s. 155.

487.2. The Minister may, by regulation, determine the standards and scales which must be used by agencies, public institutions and private institutions under agreement for

(1)  the selection, appointment and engagement of and the remuneration and other terms of employment applicable to executive directors and senior and middle management personnel;

(2)  the remuneration and other terms of employment applicable to the other staff members, subject to the collective agreements in force.

The Minister may establish by regulation for persons referred to in subparagraphs 1 and 2 of the first paragraph who are not governed by a collective agreement, a procedure of appeal for cases of dismissal, termination of employment or non-renewal of employment, except when arising from forfeiture of office, and for cases of suspension without pay or of demotion. The regulation may also prescribe a procedure for the settlement of disagreements over the interpretation and application of the terms of employment established thereby. Lastly, the regulation may prescribe a method for the designation of an arbitrator, to which sections 100.1 and 139 to 140 of the Labour Code (chapter C‐27) apply, and the measures the arbitrator may take after having heard the parties.

A regulation under this section must be authorized by the Conseil du trésor. The Conseil du trésor may limit the authorization requirement to the matters it considers to be of governmental import. It may also attach conditions to the authorization.

1998, c. 39, s. 155; 2000, c. 8, s. 189; 2005, c. 32, s. 227.

488. The Minister may determine, in each regulation he makes under this chapter or in a regulation made under section 118, the provisions of that regulation the contravention of which shall constitute an offence.

1991, c. 42, s. 488.

488.1. (Repealed).

1993, c. 23, s. 6; 1994, c. 18, s. 49; 1999, c. 34, s. 59.

CHAPTER VIII SUPERVISORY POWERS

DIVISION I INSPECTION

489. A person authorized in writing by the Minister to make an inspection may at any reasonable time enter any premises in which he has reason to believe that operations or activities for which a permit is required by this Act are carried on, any facility maintained by an institution, or any specialized medical centre, in order to ascertain whether this Act and the regulations are being complied with.

Such person may, during an inspection,

(1)  examine and make a copy of any document relating to the activities carried on in those premises or that facility or centre;

(2)  demand any information relating to the application of this Act and the production of any document connected therewith.

Every person having custody, possession or control of such documents must, on request, make them available to the person making the inspection.

Any person making an inspection must, if so required, produce a certificate signed by the Minister attesting his quality.

1991, c. 42, s. 489; 1992, c. 21, s. 51; 2006, c. 43, s. 30.

489.1. The Minister may delegate the powers exercised by the Minister under this division to each agency.

1998, c. 39, s. 156; 2005, c. 32, s. 227.

DIVISION II PROVISIONAL ADMINISTRATION

490. The Minister may, for a period not exceeding 120 days, assume the provisional administration of a public institution,

(1)  where the institution no longer holds a permit, no longer satisfies the conditions required for obtaining a permit, or if its permit has been cancelled in accordance with this Act;

(2)  where the institution’s permit has been suspended for failure to comply with an order of the Minister directing that certain remedial measures be taken within the time fixed under section 447;

(3)  where the institution indulges in practices or tolerates a situation which could endanger the health or welfare of persons whom the institution receives or could receive or which are inconsistent with the pursuit of the mission of the centre it operates;

(4)  where he considers that there has been a serious fault, such as embezzlement, breach of trust or other misconduct by one or more members of the board of directors or if the board is seriously remiss in the performance of its obligations under this Act, such as incurring expenditures not provided for in the budget of an institution or not specially authorized in accordance with this Act;

(5)  or where the institution has failed to obtain the authorization provided for in section 113.

The first paragraph applies, with the necessary modifications, to private institutions under agreement.

1991, c. 42, s. 490.

491. The Minister may also assume the administration of an agency for a period not exceeding 120 days where he considers that there has been a serious fault, such as embezzlement, breach of trust or other misconduct by one or more members of the board of directors or where the board is seriously remiss in the performance of its obligations under this Act.

1991, c. 42, s. 491; 2005, c. 32, s. 227.

492. The time limits prescribed in sections 490 and 491 may be extended by the Government provided that no period of extension exceeds 90 days.

1991, c. 42, s. 492.

493. Where the Minister assumes provisional administration of an institution or agency, he shall make a preliminary report of his findings to the Government as soon as possible, together with his recommendations.

1991, c. 42, s. 493; 2005, c. 32, s. 227.

494. Before submitting his preliminary report to the Government, the Minister shall give the institution or the agency, as the case may be, an opportunity to present observations. The Minister shall attach to his report a summary of the observations made to him.

1991, c. 42, s. 494; 1997, c. 43, s. 737; 2005, c. 32, s. 227.

495. Where the Minister assumes provisional administration in accordance with this division, the powers of the members of the board of directors of the public institution or agency, or those of the director or of the members of the board of directors of the private institution under agreement, as the case may be, are suspended and the Minister shall exercise their powers.

1991, c. 42, s. 495; 2005, c. 32, s. 227.

496. No natural or legal person who, under the authority of the Minister, assumes provisional administration of an institution or agency, as the case may be, may be prosecuted for any act performed in good faith in the performance of his or its functions.

1991, c. 42, s. 496; 2005, c. 32, s. 227.

496.1. The Minister may, on the Minister’s initiative, exercise the powers provided for in sections 499 to 501 with respect to an agency. If the Minister exercises those powers, section 502 applies.

2005, c. 32, s. 183.

TITLE III THE GOVERNMENT

CHAPTER I ADMINISTRATIVE MEASURES

497. The Government may, where the preliminary report made by the Minister pursuant to section 493 confirms the existence of a situation described in section 490 or 491,

(1)  attach such restrictions and conditions to the permit of the institution as it deems appropriate;

(2)  prescribe the time by which any situation described in section 490 or 491 must be remedied;

(3)  order the Minister to continue his administration or to relinquish it and not to resume it unless the institution or the agency, as the case may be, fails to comply with the conditions imposed by the Government pursuant to subparagraph 1 or 2.

The Government shall, in addition, order the Minister to make a final report to it upon ascertaining that the situation described in section 490 or 491 has been corrected or that it will not be possible to correct it.

1991, c. 42, s. 497; 2005, c. 32, s. 227.

498. After receiving the final report of the Minister, the Government may take one or several of the following measures:

(1)  terminate the provisional administration on the date it fixes;

(2)  declare the members of the board of directors of the public institution, the members of the agency or the members of the board of directors or the director of a private institution under agreement, as the case may be, forfeited of office and provide for the appointment or election of their replacements;

(3)  exercise any power conferred upon it by section 497.

1991, c. 42, s. 498; 2005, c. 32, s. 227.

499. The Government may designate a person who shall be responsible for ensuring that the public funds put at the disposal of an institution or agency which does not exercise adequate budgetary control are properly used.

Every person performing administrative duties within the institution or agency is bound to submit to the controller’s directives, within the limits of the powers assigned to him.

No undertaking may be entered into on behalf of the institution or agency nor any disbursement made without the countersignature of the controller. Any agreement made in contravention of this paragraph is null.

1991, c. 42, s. 499; 2005, c. 32, s. 227.

500. The Government may designate a person who shall be responsible for investigating any matter pertaining to the quality of health services or social services and to the administration, organization and operation of an institution or agency.

The investigator is vested, for the purposes of the investigation, with the immunity and powers of a commissioner appointed under the Act respecting public inquiry commissions (chapter C‐37), except the power to impose imprisonment.

1991, c. 42, s. 500; 2005, c. 32, s. 227.

501. In designating a controller or an investigator, the Government may order that some or all of the powers of the board of directors of a public institution or of an agency or of the director or board of directors of a private institution under agreement, as the case may be, be suspended for a period of not more than six months and appoint a person who shall exercise the powers thus suspended.

The Government may extend the suspension and the term of office of the director it has appointed for a period of not more than six months.

1991, c. 42, s. 501; 2005, c. 32, s. 227.

502. The administrator appointed by the Government may, subject to the rights of third persons in good faith, annul a decision taken before his appointment under the powers which have been suspended.

He cannot be prosecuted for an act performed in good faith in the performance of his functions.

1991, c. 42, s. 502.

503. The Government shall determine each year the number of positions for medical residents available in the post-doctoral medical training programs. This number includes

(1)  the general practice or family medicine training position;

(2)  the other training positions required for one or another of the specialties recognized by regulation under the Medical Act (chapter M‐9).

In order to foster what it considers a rational distribution of medical resources among the regions, the Government may each year authorize certain of the positions provided for in subparagraph 2 of the first paragraph, on the condition that the trainees agree to sign an undertaking, which may contain a penal clause, to practise for a period not exceeding four years in the region or institution determined by the Minister. These positions cannot exceed 25% of the number of positions intended for new trainees among the total number of positions provided for in subparagraph 2 of the first paragraph.

Where a position referred to in the second paragraph has not been filled, it automatically becomes a general practice or family medicine training position to which no undertaking to practise in a particular region or institution is attached.

The Government may also, if it deems it appropriate, authorize certain additional training positions in post-doctoral medical training programs intended for graduate students of a university or school situated outside Canada or the United States on the condition that the trainees agree to sign an undertaking, which may contain a penal clause, to practise for a period not exceeding four years in the region or institution determined by the Minister.

The number of the positions referred to in the second paragraph shall be determined after the Minister has consulted the Ordre professionnel des médecins du Québec, Québec universities having a faculty of medicine and the agencies of the regions where the trainees are to practise.

1991, c. 42, s. 503; 1994, c. 40, s. 457; 2005, c. 32, s. 227.

504. The Government may determine each year a number of positions available to the doctoral medical training programs for students from outside Québec, on the condition that they agree to sign, before the start of their training program, an undertaking which may contain a penal clause, to practise for a period not exceeding four years in the region or institution determined by the Minister in the event that they practise medicine in Québec after obtaining their licence to practise.

1991, c. 42, s. 504.

CHAPTER II REGULATIONS

DIVISION I ADMINISTRATION OF THIS ACT

505. The Government may, by regulation,

(1)  determine the care and services to be included in the emergency services dispensed by the institutions designated by the agency pursuant to paragraph 1.1 of section 359, and fix the maximum bed occupation time in emergency services;

(2)  fix the minimum amount of liability insurance that a physician or dentist is required to hold under section 258 or that a midwife is required to hold under section 259.9;

(3)  determine, for the purposes of the authorization required from the agency for the work mentioned in paragraph 3 of section 263, the applicable amounts;

(4)  determine in what cases and circumstances and on what conditions the institutions may supply medicines;

(5)  determine the conditions and measures of hygiene and safety which must be maintained or taken, as the case may be, by an institution;

(6)  determine the by-laws an agency or an institution must adopt;

(7)  (paragraph repealed);

(8)  determine the items which must be covered by the auditor in auditing the affairs of an institution or agency;

(9)  (paragraph repealed);

(10)  prescribe measures relating to child placement services which must be complied with by an institution operating a child and youth protection centre and other institutions exercising responsibilities in that field;

(11)  determine the form of the organization plan of any institution, the items it must contain and the methods or rules according to which it must be prepared;

(12)  (paragraph repealed);

(13)  determine, for the institutions it indicates, the divisions, services and departments that the organization plan of the institution must include, the responsibilities and functions that must be exercised by the heads of those divisions, services and departments and the physician in charge referred to in section 186 and, where applicable, their mode of appointment and required qualifications;

(14)  determine, for institutions operating a hospital centre, the qualifications required of the head of a clinical department and the responsibilities and functions that he is required to carry out in addition to those entrusted to him under the organization plan of the institution;

(15)  determine, for institutions operating a centre other than a hospital centre, the mode of appointment of the heads of the divisions, services or departments referred to in paragraph 13 and the person or authority who will appoint them;

(16)  identify, for institutions operating a centre other than a hospital centre, divisions, services or departments where the designation of a person in charge, rather than their actual establishment, is provided for in the organization plan of the institution and specify the activities to be carried on therein;

(17)  determine the functions exercised by and the qualifications required of a person in charge as referred to in paragraph 16, his mode of appointment and the person or authority who will appoint him;

(18)  (paragraph repealed);

(19)  determine on what conditions and in what circumstances an institution referred to in section 117 may supply experimental medicines;

(20)  (paragraph repealed);

(21)  determine the qualifications required of a permit applicant, and the conditions to be fulfilled and information and documents to be provided by a permit applicant;

(21.1)  prescribe the fees payable for the issue or renewal of a specialized medical centre permit;

(22)  determine the remuneration or other benefits that may be granted to a physician pursuant to section 259;

(23)  determine the content of a user’s record of complaint;

(24)  determine standards governing the compilation and keeping of users’ records, the particulars and documents they contain and their use, communication and, subject to section 520.3.2, storage and destruction;

(25)  prescribe, for each agency, the information that it may require from the institutions and community organizations of its region and, for the institution to which Part IV.2 applies, the information that it may require from community organizations;

(26)  prescribe the personal and non-personal information that an institution must provide to the Minister concerning the needs for and utilization of services;

(27)  determine the classes of users for whom an intervention plan or an individualized service plan must be prepared;

(28)  determine the conditions and procedure of registration, enrolment, admission, transfer, discharge or absence for the users of an institution;

(29)  (paragraph repealed).

1991, c. 42, s. 505; 1992, c. 21, s. 52, s. 70; 1998, c. 39, s. 157; 1999, c. 24, s. 39; 2005, c. 32, s. 184; 2006, c. 22, s. 177; 2006, c. 43, s. 31.

506. The Government may, by regulation,

(1)  determine the tenor of the form that must be completed by a physician, dentist or pharmacist in applying for appointment;

(2)  determine the procedure according to which disciplinary measures may be taken by the board of directors with regard to a physician, dentist or pharmacist or a resident to whom a status has been assigned by the board;

(3)  determine the status that may be granted by the board of directors of an institution to a physician, dentist or pharmacist, the conditions on which a status may be granted and the prerogative attached thereto;

(3.1)  determine the procedure to be followed by, and the content of the form to be used by, a physician or dentist practising in a centre operated by an institution in order to receive remuneration from the Régie de l’assurance maladie du Québec;

(4)  determine the committees that the council of physicians, dentists and pharmacists of an institution is required to set up, prescribe their functions, their composition, the mode of appointment of their members, and their method of operation as well as rules on the keeping, examination and preservation of records.

1991, c. 42, s. 506; 1992, c. 21, s. 53; 1998, c. 39, s. 158; 1999, c. 89, s. 53; 2001, c. 43, s. 55.

506.1. The Government may, by regulation, determine which services rendered by a physician or dentist in the carrying out of managerial duties in a centre operated by an institution may be remunerated in accordance with section 259.1.

The Government shall determine the resource envelope that will be used for the remuneration of the managerial duties referred to in the first paragraph, and the determination shall take into account the agreements referred to in section 259.1.

1992, c. 21, s. 54.

506.2. The Government may, by regulation, determine the procedure according to which disciplinary measures may be taken against a midwife by the board of directors.

1999, c. 24, s. 40.

507. (Repealed).

1991, c. 42, s. 507; 1992, c. 21, s. 55; 1998, c. 39, s. 159.

508. The Government shall designate from among the institutions recognized under of section 29.1 of the Charter of the French language (chapter C-11) those which are required to make health services and social services accessible in the English language to English-speaking persons.

1991, c. 42, s. 508; 1994, c. 23, s. 5.

509. The Government shall, by regulation, provide for the formation of a provincial committee entrusted with advising the Government on

(1)  the dispensing of health and social services in the English language;

(2)  the approval, evaluation and modification by the Government of each access program developed by an agency in accordance with section 348.

The regulation must provide for the composition of the committee, its rules of operation and internal management, the manner in which its affairs are to be conducted and its functions, duties and powers.

1991, c. 42, s. 509; 2005, c. 32, s. 227.

510. The Government shall, by regulation, provide for the formation of regional committees entrusted with

(1)  advising the agency concerning the access programs developed by that agency in accordance with section 348;

(2)  evaluating the access programs and suggesting modifications to them where expedient.

The agency concerned shall determine by by-law the composition of its regional committee, its rules of operation and internal management, the manner in which its affairs are to be conducted and its functions, duties and powers.

1991, c. 42, s. 510; 1992, c. 21, s. 56; 2005, c. 32, s. 227.

511. The Government may determine, in each regulation made under this chapter, the provisions of that regulation the contravention of which shall constitute an offence.

1991, c. 42, s. 511.

DIVISION II STANDARDS RELATING TO USERS’ CONTRIBUTIONS

512. The Government shall determine, by regulation, the contribution that may be required of users lodged in a facility maintained by a public or private institution under agreement, or taken in charge by an intermediate resource of a public institution or by a family-type resource.

The regulation shall also determine the amount of personal expense allowance which must be left at the disposal of the user each month.

1991, c. 42, s. 512; 1998, c. 39, s. 160.

513. The amount of the contribution may vary according to the circumstances or needs identified by regulation.

The contribution shall be required by an institution or by the Minister. The users themselves are bound to pay it; however, in the case of a user who is a minor, the contribution may be required of the user’s father, mother, both of them jointly or any other person determined by regulation; in the case of a user who is married or in a civil union, the contribution may be required of the spouse and, in the case of a member of a religious community, the contribution may be required of the community.

1991, c. 42, s. 513; 2002, c. 6, s. 206.

514. The Minister or an institution designated by regulation may, at the request of a person of whom payment of a contribution is required, exempt such person from paying the contribution, in accordance with the terms and conditions and in the circumstances determined by regulation.

1991, c. 42, s. 514.

515. The Government may, in a regulation made under sections 512 to 514,

(1)  prescribe the automatic indexing of all or part of the amounts fixed in the regulation, according to the index provided therein;

(2)  prescribe a financial contribution which varies according to whether the user or person of whom payment of the financial contribution may be required is or is not resident in Québec, and define, for that purpose, the expression “resident in Québec”;

(3)  render liable for payment of the contribution any user staying in an institution elsewhere in Canada who has retained his status as a resident of Québec, and enable the Minister or the person designated by him to collect such contribution.

1991, c. 42, s. 515.

516. A user or any person of whom payment of a financial contribution may be required must not, in the two years preceding the moment when the user was provided with lodging or taken in charge, have renounced his rights, or alienated property or liquid assets without due consideration, or have squandered such property or assets with the intention of making himself eligible for an exemption from payment or in such a way that he would be required to pay a lower contribution than what he would otherwise have been required to pay.

Where provisions of the first paragraph are violated, the Minister or the institution referred to in section 514 may institute proceedings for the recovery of the value of the rights, property or liquid assets by which a third person has benefited as a result of the renunciation, alienation or squandering, after subtracting the just consideration paid by the third person, and he or it may also take any other measure provided for by regulation.

1991, c. 42, s. 516; 2005, c. 32, s. 185.

517. Any person may contest before the Administrative Tribunal of Québec a decision respecting an exemption from payment that he applied for under section 514 within 60 days of the date on which the decision was notified to him.

1991, c. 42, s. 517; 1997, c. 43, s. 738.

518. When a young person is placed in accordance with the Act respecting young offenders (Revised Statutes of Canada, 1985, chapter Y-1), the contribution for a user who is a minor established according to section 513 shall apply, and any person of whom it may be required is bound to pay it if not exempt therefrom under section 514 or 517.

1991, c. 42, s. 518.

519. The contribution of a user is payable each month in a single payment.

It bears interest at the rate fixed by the Government in accordance with section 28 of the Act respecting the Ministère du Revenu (chapter M-31).

No institution may waive payment of a user’s contribution or of the interest.

1991, c. 42, s. 519.

520. All proceedings for the recovery of a user’s contribution are prescribed by three years from the date on which it became payable.

1991, c. 42, s. 520.

PART III.1 EDP ASSETS AND SECURITY OF ELECTRONIC INFORMATION

1998, c. 39, s. 161.

TITLE I GENERAL PROVISIONS

2005, c. 32, s. 186.

520.1. In this Part, “EDP asset” means any electronic database, computer system, telecommunications system, information technology, facility, or combination of such; certain components of a piece of specialized or ultraspecialized medical equipment may be considered to be EDP assets, in particular when the equipment is connected electronically to other EDP assets.

1998, c. 39, s. 161.

520.2. The Minister shall define the orientations and standards regarding EDP assets used to support health and social services network management, and the agencies shall be responsible for implementing those orientations and standards in the network.

The Minister shall determine the management rules and procedures relating to the certification and directory services offered in the health and social services sector with which every certification service provider designated in accordance with subparagraph 1 of the first paragraph of section 520.3.3 and every directory service provider referred to in this Act must comply.

1998, c. 39, s. 161; 2005, c. 32, s. 187.

520.3. The Minister may, in accordance with the rules governing the awarding of contracts that apply to government departments and bodies, select the supplier of the provincial telecommunications network for the health and social services network, and require the agencies and public institutions to use the services of that supplier.

1998, c. 39, s. 161; 2005, c. 32, s. 227.

520.3.0.1. The Minister may, by agreement, retain the services of an agency, body or other person for the purpose of keeping and managing, for each of the institutions to which section 185.1 applies, the information they collect under that section, extracting the information to be supplied to the Minister under section 431.2, and processing and managing that data for statistical purposes so the Minister may assess whether the waiting time for a specialized medical service is unreasonable or about to become so. The agreement may authorize the provider to communicate the statistics to the agencies.

The agreement must stipulate that the provider has the same obligations towards the Minister and the institutions concerned, with respect to the information from users’ records that is communicated to the provider by the institutions, as those set out in the second, third and fourth paragraphs of section 27.1.

2006, c. 43, s. 32.

520.3.1. An agency may offer the institutions in its area of jurisdiction installation, maintenance and repair services for any technological medium used by the institutions as well as information resource management services; it may also offer user support services.

If those services concern information resource management or a technological medium used for information contained in a user’s record, the institution giving the contract to an agency may, in accordance with section 27.1, communicate information contained in the user’s record to any person designated by the agency if the communication of that information is necessary for the agency to carry out the contract.

An agency may itself offer those services or give all or part of that responsibility, by service contract, to one of the institutions in its area of jurisdiction or to any other person.

2005, c. 32, s. 188.

520.3.2. To promote the availability of shared picture archiving and communication systems, the Minister may designate the agencies or institutions that will offer such systems and determine the groups of institutions that will receive them. Those groups of institutions may communicate the information or documents that are to be so archived without the consent of the user, in the cases and in the manner the Minister determines.

Information or a document concerning a user that is archived in those systems may be communicated, with the consent of the user concerned, by the agency or the institution the Minister designates.

Requests for access to and communication of the information stored in those systems become the responsibility of the agencies and institutions designated under the first paragraph.

2005, c. 32, s. 188.

520.3.3. If a certificate is required to use the EDP assets of the health and social services network or the Régie de l’assurance maladie du Québec or to support the planning, organization and secure provision of health services and social services, it must be

(1)  issued by a public body within the meaning of section 3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or by a professional order referred to in the Professional Code (chapter C-26) that has been designated by the Conseil du trésor, on the Minister’s recommendation, to offer certification services in the health and social services sector;

(2)  issued at the request of an access profile manager responsible for assigning access profiles and authorizations that enable the persons employed by that manager or under that manager’s direction to obtain and use certificates, unless otherwise provided by law with regard to those or other persons; and

(3)  associated with cryptographic keys generated in the secured premises of an identity verification agent referred to in section 520.3.6 or 520.3.7, on a physical medium that must be under the control of the certificate holder at all times to ensure the key’s confidentiality and security.

The physical medium referred to in subparagraph 3 of the first paragraph must meet the standards prescribed by a regulation made by the Minister under section 520.4.

2005, c. 32, s. 188.

520.3.4. The Minister may determine, by order, in what cases and circumstances and on what conditions, in addition to those already set out by the Act, the use of a certificate is mandatory for a person who uses the EDP assets of the health and social services network. The order must be published in the Gazette officielle du Québec.

No person may use a certificate issued in accordance with section 520.3.3 outside the health and social services sector, except to search the register of organ and tissue donors or the living will register held by the board of directors of the Ordre des notaires du Québec.

2005, c. 32, s. 188; 2008, c. 11, s. 212.

520.3.5. A certification service provider designated under subparagraph 1 of the first paragraph of section 520.3.3 and a directory service provider referred to in this Act must submit to the Minister, for approval, any agreement with a third person concerning the provision of certification services or directory services in the health and social services sector.

They may not enter into an agreement that could interfere or enter into conflict with the obligations attached to their functions.

2005, c. 32, s. 188.

520.3.6. The Minister may appoint identity verification agents who are competent to carry out the verifications provided for in subparagraph 1 and subparagraph a of subparagraph 4 of the first paragraph of section 520.3.10 under the authority of the Minister or under any other authority the Minister indicates. The instrument of appointment must specify the powers assigned to the identity verification agent, the conditions on which and territories in which the powers are to be exercised, the term of the appointment, and, if applicable, the method of payment of the agent.

The identity verification agent must take the oath provided in Schedule II.

2005, c. 32, s. 188.

520.3.7. In the same manner, the board of directors of an institution may appoint identity verification agents in an emergency, for a term not exceeding 30 days, to carry out the verifications provided for in subparagraph 1 and subparagraph a of subparagraph 4 of the first paragraph of section 520.3.10. The board of directors may designate a person to perform all or some of its responsibilities with regard to the appointment of identity verification agents.

The identity verification agents must take the oath provided in Schedule II.

A copy of the instrument of appointment must be sent to the Minister without delay.

2005, c. 32, s. 188.

520.3.8. The access profile manager may be designated

(1)  by law, in the case of the information storage services provided for in Title II of this Part; or

(2)  in other cases, by the competent authorities within the department, an agency, an institution, the Régie de l’assurance maladie du Québec, a specialized medical centre within the meaning of the first paragraph of section 333.1, a private health facility within the meaning of the second paragraph of section 95, a laboratory within the meaning of the Act respecting medical laboratories, organ, tissue, gamete and embryo conservation, and the disposal of human bodies (chapter L-0.2), an ambulance service operated by the holder of a permit issued under the Act respecting pre-hospital emergency services (chapter S-6.2), Corporation d’urgences-santé or any other legal person or body operating in the health and social services sector and determined by regulation of the Government.

If a certificate is required in order to carry out the functions of office, the access profile manager must request a certificate confirming that manager’s identity and rights.

2005, c. 32, s. 188; 2006, c. 43, s. 33.

520.3.9. The certificate referred to in section 520.3.3 must, in particular, confirm

(1)  the identity of the person to whom the certificate is issued, the place where the person practises a profession or works, and, in the case of the information storage services provided for in Title II of this Part, the person’s access profile;

(2)  the identifier, location or attributes of the object referred to in the certificate, as well as its owner or custodian; or

(3)  the identification of the body, department, legal person, association or partnership in whose name the certificate is issued.

Such a certificate may also be issued to establish the link between the certificate holder and the holder’s signature.

2005, c. 32, s. 188.

520.3.10. The certificate referred to in section 520.3.3 must be issued

(1)   if it establishes the identity of a person, following verification in person by an identity verification agent to whom at least two documents emanating from a recognized government authority are presented, confirming the person’s identity, one of which includes the person’s photograph;

(2)  if it establishes the place where a person practises a profession or works, following verification by the certification service provider;

(3)  if it establishes an access profile, following verification by the certification service provider of the access profile assigned to a person and arising

(a)  directly from this Act; or

(b)  from the exercise of the powers conferred on the access profile manager; and

(4)   if it establishes an object identifier or the use or location of the object, following verification

(a)  in person of the identity of the person authorized to apply for a certificate in the name of the object’s owner or custodian, by an identity verification agent to whom at least two documents emanating from a recognized government authority are presented, confirming the person’s identity, one of which includes the person’s photograph; or

(b)  by a certification service provider

i.  of the applicant’s power to represent the owner or custodian of the object;

ii.  of the existence and identifier of the object;

iii.  of the authorized use of the object, if applicable;

iv.  of the object’s location, if applicable; and

v.  of the existence and identity or identification of the object’s owner or custodian.

A verification under this section may also be carried out online using a certificate issued in accordance with sections 520.3.3 to 520.3.13 that establishes the subject of the verification.

In the policy statement issued under section 52 of the Act to establish a legal framework for information technology (chapter C-1.1), a certification service provider may specify other requirements in addition to those set out in this Act.

2005, c. 32, s. 188.

520.3.11. In order to exercise the functions of office, a certification service provider shall assign a distinctive name to the person in respect of whom the application for a certificate is made by the person concerned or by the access profile manager and obtain the following information, which is to be entered in a register:

(1)  the person’s name;

(2)  the person’s date of birth;

(3)  the person’s sex;

(4)  the person’s business address and, if applicable, that of the access profile manager, if the certificate application is authorized by that manager;

(5)  the person’s telephone number and fax number, as well as the person’s business email address, if applicable;

(6)  the access profile assigned to the person by the access profile manager or this Act, if applicable;

(7)  the person’s professional title, if applicable;

(8)  the person’s duties or the capacity in which the person acts, if applicable;

(9)  the person’s membership number within a professional order, if applicable;

(10)  the person’s registration number at the Régie de l’assurance maladie du Québec, if applicable;

(10.1)  the person’s unique provider number assigned by the Régie de l’assurance maladie du Québec;

(11)  the fact that the person has been struck off the roll of a professional order, that the person’s right to engage in professional activities has been limited or suspended, or that the person no longer practises the profession, if applicable; and

(12)  any other information concerning the person needed in the exercise of the certification service provider’s functions.

The information entered in the register, including the distinctive name of the person concerned, is public information, except the personal information referred to in subparagraphs 2 and 10 of the first paragraph, and, to the extent that it concerns a health and social service provider and makes it possible to identify that provider, the information referred to in subparagraph 12 of that paragraph.

On request, a certification service provider must communicate the public information entered in the register concerning the holder of a valid certificate to any holder of a certificate issued in accordance with section 520.3.3.

The certification service provider shall inform the Minister, on request and without delay, whether a person holds a certificate issued by that provider, and, if applicable, of the date on which the provider became aware of grounds for suspending or cancelling the certificate, as well as the date on which the provider suspended or cancelled it.

2005, c. 32, s. 188; 2007, c. 31, s. 4.

520.3.12. A certification service provider may collect information under section 520.3.11, in particular, from

(1)  the actual person, if the law authorizes the person to apply for a certificate referred to in this Act;

(2)  the access profile manager in the case of the persons employed or directed by that manager whom the latter authorizes to obtain and use a certificate;

(3)  (subparagraph repealed);

(4)  the Régie de l’assurance maladie du Québec under the third paragraph of section 2.0.0.2 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5).

The persons and body referred to in subparagraphs 1 to 4 of the first paragraph must communicate the information referred to in section 520.3.11 to the certification service provider on request, and must inform the certification service provider without delay of any change in that information.

The Régie must destroy the files containing information that was communicated to it under this section for cross-matching with its register of health professionals.

2005, c. 32, s. 188; 2007, c. 31, s. 5.

520.3.13. A person wishing to act on the basis of a certificate must verify the following with the directory service established in accordance with the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5):

(1)  the certificate’s validity;

(2)  whether the certificate was issued by a certification service provider within the meaning of subparagraph 1 of the first paragraph of section 520.3.3; and

(3)  that the policy statement issued under section 52 of the Act to establish a legal framework for information technology (chapter C-1.1) and whose identifier is entered in the certificate corresponds to the policy statement applicable in the health and social services sector.

2005, c. 32, s. 188.

520.4. The Minister may, by regulation, prescribe security standards to assure the confidentiality and security of electronic information, that shall apply to agencies, institutions, and any person who uses the EDP assets of the health and social services network.

The regulation shall specify those of its provisions whose contravention constitutes an offence.

1998, c. 39, s. 161; 2005, c. 32, s. 227.

PART IV

Repealed, 2005, c. 32, s. 190.

2005, c. 32, s. 190.

521. (Repealed).

1991, c. 42, s. 521; 2005, c. 32, s. 190.

522. (Repealed).

1991, c. 42, s. 522; 1992, c. 21, s. 57; 1998, c. 39, s. 162; 2005, c. 32, s. 190.

523. (Repealed).

1991, c. 42, s. 523; 2005, c. 32, s. 227; 2005, c. 32, s. 190.

524. (Repealed).

1991, c. 42, s. 524; 2005, c. 32, s. 190.

525. (Repealed).

1991, c. 42, s. 525; 2005, c. 32, s. 190.

526. (Repealed).

1991, c. 42, s. 526; 2005, c. 32, s. 190.

527. (Repealed).

1991, c. 42, s. 527; 1992, c. 21, s. 58; 2005, c. 32, s. 190.

528. (Repealed).

1991, c. 42, s. 528; 2005, c. 32, s. 190.

529. (Repealed).

1991, c. 42, s. 529; 1998, c. 39, s. 163; 2005, c. 32, s. 190.

530. (Repealed).

1991, c. 42, s. 530; 2005, c. 32, s. 190.

PART IV.0.1 SPECIAL PROVISIONS RESPECTING THE EXERCISE OF THE RESPONSIBILITIES OF AN AGENCY BY A LOCAL AUTHORITY

2005, c. 32, s. 191.

530.0.1. If there is only one local health and social services network in the area of jurisdiction of an agency and that network covers the whole area of jurisdiction of the agency, the Minister may, after consulting the public institutions in the area of jurisdiction of the agency and obtaining their approval, propose to the Government that the responsibilities the law confers on an agency be exercised by the network’s local authority.

An order in council made by the Government under the first paragraph is tabled by the Minister before the National Assembly within 30 days of the day on which it is made or, if the National Assembly is not sitting, within 30 days of resumption.

2005, c. 32, s. 191.

530.0.2. A local authority referred to in the order in council made under section 530.0.1 exercises, in the place and stead of an agency and in accordance with the applicable rules, all the powers, functions and duties conferred by law on the agency, except the powers, functions or duties the order in council confers on the Minister.

2005, c. 32, s. 191.

530.0.3. At the date determined by the order in council made under section 530.0.1, the agency whose responsibilities are conferred on a local authority ceases to exist and, subject to the content of the order in council, its property, rights and obligations become, with no further formality, property, rights and obligations of the local authority.

From that date, the local authority becomes, without continuance of suit, a party to any proceeding to which the agency was a party.

The records and documents of the agency become, with no further formality but subject to the order in council made under section 530.0.1, records and documents of the local authority. The regulations, resolutions, authorizations, recognitions and other acts of the agency are deemed to be regulations, resolutions, authorizations, recognitions and acts of the local authority.

2005, c. 32, s. 191.

530.0.4. Subject to the applicable conditions of employment, the employees of an agency that ceases to exist under section 530.0.3 become, from the date determined under that section, employees of the local authority.

2005, c. 32, s. 191.

530.0.5. From the date determined under section 530.0.3 and subject to the order in council made under section 530.0.1, the amounts allocated by the Minister to the operating budget of the agency become, for the current fiscal year, amounts allocated to the operating budget of the local authority.

2005, c. 32, s. 191.

530.0.6. Complaints filed to the agency under section 60 are transferred to the local authority.

2005, c. 32, s. 191.

530.0.7. The order in council made under section 530.0.1 may specify any other measure necessary to the complete transfer of the responsibilities the law confers on an agency.

2005, c. 32, s. 191.

530.0.8. Unless the context indicates otherwise and subject to the order in council made under section 530.0.1, in all Acts and regulations, orders, orders in council and other documents, a reference to an agency means a reference to the local authority on which the responsibilities of an agency have been conferred under section 530.0.1.

2005, c. 32, s. 191.

PART IV.1 SPECIAL PROVISIONS APPLICABLE TO THE TERRITORY CONTEMPLATED BY THE ACT RESPECTING NORTHERN VILLAGES AND THE KATIVIK REGIONAL GOVERNMENT

1993, c. 58, s. 1.

TITLE I GENERAL PROVISIONS

1993, c. 58, s. 1.

CHAPTER I SCOPE

1993, c. 58, s. 1.

530.1. This Part applies to every institution whose head office is situated in the territory defined in section 2 of the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1) and to the regional board established for that territory pursuant to section 530.25.

1993, c. 58, s. 1.

530.2. The provisions of this Act concerning institutions and agencies apply to the institutions and regional board contemplated by this Part, subject to the special provisions enacted by this Act.

The provisions of any other Act and of any regulation, by-law, order in council, order or other document concerning a health and social services agency also apply to the regional board contemplated by this Part, unless the context indicates otherwise.

1993, c. 58, s. 1; 2005, c. 32, s. 192.

530.3. The Government may subdivide the territory contemplated by this Part into sectors.

1993, c. 58, s. 1.

CHAPTER II USERS’ COMPLAINTS

1993, c. 58, s. 1.

DIVISION I EXAMINATION BY THE INSTITUTION

1993, c. 58, s. 1.

530.4. (Repealed).

1993, c. 58, s. 1; 1998, c. 39, s. 164.

530.5. In addition to what is provided for in section 34, the complaint examination procedure enables the user to file a complaint with an institution referred to in section 530.1 concerning the services that have been, should have been or are being provided to the user by or that the user requires from an institution whose head office is situated outside the territory contemplated by this Part.

Where such a complaint is filed, the local service quality and complaints commissioner who receives the complaint shall transmit it with diligence to the local service quality and complaints commissioner in the institution concerned, who shall then examine the complaint in accordance with the applicable complaint examination procedure and communicate with the local commissioner of the institution referred to in section 530.1 who shall inform the user with diligence of the action taken following his complaint.

In addition, where the local commissioner of the institution whose head office is situated outside the territory to which this Part applies receives a complaint directly from a user whose place of residence is situated in the territory to which this Part applies as regards services that have or should have been provided to the user by that institution, the local commissioner must, after informing the local commissioner of the institution referred to in section 530.1, examine the complaint in accordance with the applicable complaint examination procedure and communicate the results to the local commissioner of the institution referred to in section 530.1, who shall inform the user with dispatch of the action taken in response to the complaint.

1993, c. 58, s. 1; 1998, c. 39, s. 165; 2001, c. 43, s. 56; 2005, c. 32, s. 224.

530.5.1. Sections 51 to 59 apply, with the necessary modifications, to an institution to which this Part applies as if it were a local authority, and only the physicians, dentists or pharmacists who practise in a centre operated by that institution may be appointed as members of the review committee by the board of directors.

2005, c. 32, s. 193.

DIVISION II EXAMINATION BY THE REGIONAL BOARD

1993, c. 58, s. 1.

530.6. (Repealed).

1993, c. 58, s. 1; 1998, c. 39, s. 166.

530.7. Where a user having filed a complaint in either of the situations described in section 530.5 disagrees with the conclusions transmitted to him, he may file a complaint with the Health Services Ombudsman, who shall examine the complaint in accordance with the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).

1993, c. 58, s. 1; 1998, c. 39, s. 167; 2001, c. 43, s. 57.

530.8. A person whose place of residence is situated in the territory to which this Part applies and who uses the services of a community organization referred to in section 334 or is lodged in a private nursing home or by a community organization referred to in section 454, may, where the head office of that organization or nursing home is situated outside the territory of the person’s residence, file a complaint with the regional service quality and complaints commissioner of the regional board referred to in section 530.25 as regards the services that have been, should have been or are being provided to the person by or that the person requires from the organization or nursing home.

In such a case, the regional commissioner of the regional board referred to in section 530.25 must, with dispatch, transmit the complaint to the regional commissioner of the agency established for the territory in which the head office of the organization or nursing home referred to in the first paragraph is situated, who shall examine the complaint in accordance with the applicable complaint examination procedure and communicate the results to the regional commissioner of the regional board referred to in section 530.25, who must inform the person, with dispatch, of the action taken in response to the complaint.

In addition, where the regional commissioner of the agency established for the territory in which the head office of the organization or nursing home referred to in the first paragraph is situated receives a complaint directly from a person in one or other of the situations referred to in the first paragraph, the regional commissioner must, after notifying the regional commissioner of the regional board referred to in section 530.25, examine the complaint in accordance with the applicable complaint examination procedure and communicate the results to the regional commissioner of the regional board referred to in section 530.25, who shall inform the person, with dispatch, of the action taken in response to the complaint.

1993, c. 58, s. 1; 1998, c. 39, s. 168; 2001, c. 43, s. 58; 2005, c. 32, s. 194.

DIVISION III EXAMINATION BY THE HEALTH SERVICES OMBUDSMAN

1993, c. 58, s. 1; 2001, c. 43, s. 59.

530.9. Where the Health Services Ombudsman examines the complaint of a person who is a beneficiary under the Agreement concerning James Bay and Northern Québec and whose place of residence is situated in the territory contemplated by this Part, he must be assisted by a person appointed by the Government on the recommendation of the Kativik Regional Government. The latter person must be a beneficiary under the Agreement concerning James Bay and Northern Québec. The Government shall fix his salary or fees and other conditions of employment.

1993, c. 58, s. 1; 2001, c. 43, s. 60.

DIVISION IV ASSISTANCE BY AN ORGANIZATION

1993, c. 58, s. 1.

530.10. Notwithstanding section 76.6, the Minister must, after consulting the regional board, the users’ committees of the institutions and the interested associations of the territory, give one or several organizations or groups of persons of the territory the mandate to assist and accompany, on request, users wishing to file a complaint pursuant to sections 530.5 to 530.9.

1993, c. 58, s. 1; 2001, c. 43, s. 61.

CHAPTER III ORGANIZATION OF INSTITUTIONS

1993, c. 58, s. 1.

DIVISION I BOARDS OF DIRECTORS

1993, c. 58, s. 1.

530.11. A board of directors shall be established to administer each institution having its head office in the territory contemplated by this Part.

1993, c. 58, s. 1.

530.12. The Minister may permit that a child and youth protection centre be operated by each institution.

1993, c. 58, s. 1.

DIVISION II COMPOSITION OF THE BOARDS OF DIRECTORS

1993, c. 58, s. 1.

530.13. Each board of directors shall be composed of the following persons, who shall be members of the board as and when they are elected or appointed:

(1)  one person elected by an assembly of the inhabitants of the territory of each northern village whose territory is included in a sector referred to in section 530.3 and in which the head office of the institution is situated;

(2)  four persons elected by and from among the persons employed by the institution or practising their professions in any centre operated by the institution, provided, however, the position titles of the elected persons are different and, where applicable, those persons are members of different professional orders;

(3)  one person elected by the members of the users’ committee of the institution;

(4)  two persons appointed by the members referred to in paragraphs 1 to 3, one chosen after consultation with bodies representing the community sector and the other after consultation with bodies representing the education sector;

(5)  the executive director of the institution.

1993, c. 58, s. 1; 1994, c. 40, s. 457; 1996, c. 2, s. 901.

530.14. The Minister shall determine, by regulation, the procedure for electing the persons referred to in paragraph 1 of section 530.13. The regional board shall, by by-law, determine the procedure for electing the persons referred to in paragraphs 2 and 3 of section 530.13. The regulation and the by-law must provide that the elections will take place every three years, in October.

Once all the members referred to in paragraphs 1 to 3 of section 530.13 have been elected, the elected members must, within the following 30 days, appoint the members referred to in paragraph 4 of section 530.13.

1993, c. 58, s. 1.

530.15. Should the election or appointment of a member under section 530.13 not take place, the regional board shall appoint the member not later than 31 December in the year in which the election or appointment was to take place.

1993, c. 58, s. 1.

530.16. Any interested person may apply to the Administrative Tribunal of Québec to contest or demand the annulment of any election held pursuant to section 530.13.

The second, third, fourth, fifth and sixth paragraphs of section 148 apply to an application made under the first paragraph.

1993, c. 58, s. 1; 1997, c. 43, s. 739.

530.17. A person employed by an institution referred to in section 530.1 or practising his profession in a centre operated by the institution may be elected as a member of the board of directors of the institution only in that capacity. The person may, in other capacities, be elected or appointed member of the board of directors of any other institution.

1993, c. 58, s. 1.

530.18. Any vacancy occurring after the election or appointment of a member of the board of directors shall be brought to the attention of the regional board and filled in the manner set out in subparagraph 3 of the first paragraph of section 156.

1993, c. 58, s. 1; 1996, c. 36, s. 47; 2001, c. 24, s. 84; 2005, c. 32, s. 195.

DIVISION III OPERATION OF THE BOARDS OF DIRECTORS

1993, c. 58, s. 1.

530.19. In addition to what is provided for in section 164, the members of a board of directors may, in case of emergency and if two-thirds of the members agree, participate in a sitting of the board by using any means enabling all participants to communicate with each other orally, in particular, by telephone. In such a case, they are deemed to have attended the sitting.

1993, c. 58, s. 1.

530.20. The members of a board of directors shall be compensated, in accordance with the by-law passed by the board, for any loss of income resulting from their attending the sittings of the board. They are also entitled to be reimbursed, in accordance with that by-law, for expenses incurred in the performance of their duties.

The by-law must take into account the conditions prevailing in the territory contemplated by this Part as well as the following conditions:

(1)  the sittings of the board of directors must be held, so far as possible, on dates fixed so as to avoid interference with the remunerated working hours of the members and to enable them to use convenient and economical means of transportation;

(2)  if, despite the provisions of subparagraph 1, a member sustains a loss of income, the board of directors may, on request, compensate him therefor provided the following three conditions are met:

(a)  that the territory where the sitting is held is not the territory of the municipality represented by the member pursuant to paragraph 1 of section 530.13 or the local municipal territory in which he normally resides;

(b)  the member is self-employed or works in conditions which prevent him from receiving a remuneration while absent to attend such sittings;

(c)  the loss of income is certain and not merely probable.

The by-law must be submitted to the Minister for approval.

1993, c. 58, s. 1; 1996, c. 2, s. 902.

530.21. The board of directors of an institution shall meet at least five times a year.

1993, c. 58, s. 1.

530.21.1. For the purposes of section 181.0.2, the person elected under paragraph 3 of section 530.13 is a member of the institution’s watchdog committee.

2005, c. 32, s. 196.

DIVISION IV

Repealed, 1998, c. 39, s. 169.

1993, c. 58, s. 1; 1998, c. 39, s. 169.

530.22. (Repealed).

1993, c. 58, s. 1; 1998, c. 39, s. 169.

DIVISION V COUNCILS

1993, c. 58, s. 1.

530.23. The council of nurses established for an institution pursuant to section 219 is not required to establish the nursing assistants committee referred to in section 223.

1993, c. 58, s. 1.

530.24. The multidisciplinary council established for each institution pursuant to section 226 shall be composed of all the persons who perform duties for the institution which are directly related to health services, social services, research or teaching.

However, physicians, dentists, pharmacists or midwives shall not be members of the multidisciplinary council, nor shall nurses where a council of nurses has been established for the institution.

1993, c. 58, s. 1; 1999, c. 24, s. 41.

CHAPTER IV REGIONAL BOARD

1993, c. 58, s. 1.

DIVISION I ESTABLISHMENT OF THE REGIONAL BOARD

1993, c. 58, s. 1.

530.25. The Government shall establish a regional board for the territory contemplated by this Part.

1993, c. 58, s. 1.

530.26. Sections 370.1 to 370.4 respecting the regional nursing commission and sections 370.5 to 370.8 respecting the regional multidisciplinary commission do not apply.

1993, c. 58, s. 1; 1996, c. 36, s. 48; 2001, c. 24, s. 85; 2005, c. 32, s. 197.

DIVISION II OPERATION

1993, c. 58, s. 1.

530.27. The regional board shall, once a year, hold a public information meeting to which the population shall be invited and at which every institution convened by the regional board shall answer questions it raises regarding its management.

At the meeting, the board shall also present to the population its regional priorities in the field of health services and social services as well as its annual report of activities.

1993, c. 58, s. 1.

530.28. In addition to what is provided for in section 409, the members of the board of directors may, in case of emergency and if two-thirds of the members agree, participate in a sitting of the board by using any means enabling all participants to communicate with each other orally, in particular, by telephone. In such a case, they are deemed to have attended the sitting.

1993, c. 58, s. 1; 2001, c. 24, s. 86.

530.29. Section 530.20 applies to the members of the board of directors of a regional board.

1993, c. 58, s. 1.

DIVISION III BOARD OF DIRECTORS

1993, c. 58, s. 1.

530.30. The board of directors of the regional board shall be composed of the following persons as and when they are appointed:

(1)  one representative appointed by each Northern village included in the territory referred to in section 530.1;

(2)  the executive director of each institution and another person appointed by the members of the board of directors of each institution, chosen from among the persons referred to in paragraph 1 of section 530.13;

(3)  a regional councillor appointed by the board of directors of the Kativik Regional Government;

(4)  the executive director of the regional board.

1993, c. 58, s. 1; 1996, c. 2, s. 903.

530.31. The Minister shall, by regulation, determine the procedure for appointing the members referred to in paragraphs 1 to 3 of section 530.30. The regulation must provide that appointments will take place every three years, in November.

1993, c. 58, s. 1.

530.31.1. The executive director of the regional board may not be elected chair or vice-chair of the board of directors.

2001, c. 24, s. 87.

DIVISION III.1 EXECUTIVE DIRECTOR

2001, c. 24, s. 87.

530.31.2. The members of the board of directors of the regional board shall appoint the executive director of the regional board.

2001, c. 24, s. 87.

530.31.2.1. For the purposes of section 412.2, the three other members are chosen from among the persons appointed under paragraphs 1 to 3 of section 530.30.

2005, c. 32, s. 198.

530.31.3. The executive director is responsible, under the authority of the board of directors, for the management and operation of the regional board within the scope of its by-laws.

The executive director shall see that the decisions of the board of directors are implemented and ensure that any information it requires or needs to assume its responsibilities is transmitted to it.

2001, c. 24, s. 87.

530.31.4. Sections 197 to 200, with the necessary modifications, apply to the executive director.

2001, c. 24, s. 87.

DIVISION III.2

Repealed, 2008, c. 23, s. 20.

2001, c. 24, s. 87; 2008, c. 23, s. 20.

530.31.5. (Repealed).

2001, c. 24, s. 87; 2008, c. 23, s. 20.

DIVISION IV

Repealed, 1998, c. 39, s. 170.

1993, c. 58, s. 1; 1998, c. 39, s. 170.

530.32. (Repealed).

1993, c. 58, s. 1; 1998, c. 39, s. 170.

TITLE II CONTINUANCE OF LEGAL PERSONS

1993, c. 58, s. 1.

CHAPTER I INSTITUTIONS

1993, c. 58, s. 1.

530.33. Every establishment that constitutes a legal person pursuant to the Act respecting health services and social services for Cree and Inuit Native persons (chapter S-5) and whose head office is situated in the territory contemplated by this Part is continued and is deemed, from 1 May 1995, to be an institution constituting a legal person under this Act.

The rights, obligations and acts of such an institution are not affected by the continuance. They remain in force and retain their effects to the extent that they are consistent with this Act.

1993, c. 58, s. 1.

530.34. If a continued institution operated a hospital centre belonging to the class of short-term care centres, it is deemed to have as its object, from the date of continuance, the carrying on of activities inherent in the mission of a hospital belonging to one of the classes listed in section 85 and determined by the Minister.

1993, c. 58, s. 1.

530.35. If a continued institution operated a hospital centre belonging to the class of long-term care centres, it is deemed to have as its object, from the date of continuance, the carrying on of activities inherent in the mission of a residential and long-term care centre.

1993, c. 58, s. 1.

530.36. If a continued institution operated a reception centre belonging to the class of reception and rehabilitation centres, it is deemed to have as its object, from the date of continuance, the carrying on of activities inherent in the mission of a rehabilitation centre belonging to one or several of the classes listed in section 86 and determined by the Minister.

1993, c. 58, s. 1.

530.37. If a continued institution operated a social service centre, it is deemed to have as its object, from the date of continuance, the carrying on of activities inherent in the mission of a child and youth protection centre.

1993, c. 58, s. 1.

530.38. In order to effect the modifications consequent upon the application of sections 530.34 to 530.37, supplementary letters patent shall be issued in accordance with section 322.

1993, c. 58, s. 1.

530.39. From 1 May 1995, the institutions referred to in section 530.33 shall cease to be administered by the boards of directors established under the Act respecting health services and social services for Cree and Inuit Native persons (chapter S-5) and begin to be administered by the first boards of directors formed under section 3 of the Act to amend the Act respecting health services and social services (1993, chapter 58).

1993, c. 58, s. 1.

CHAPTER II REGIONAL BOARD

1993, c. 58, s. 1.

530.40. The regional board, together with the Kativik Regional Government, shall establish a plan for the transfer and integration of the officers of the Kativik Regional Government assigned to the functions which devolve upon the regional board, in conformity with the conditions and procedure determined by the Minister. The plan shall be submitted to the Minister for approval.

1993, c. 58, s. 1.

530.41. The Minister shall ensure that the regional board receives the information and assistance necessary for the implementation and execution of the plan referred to in section 530.40.

The Minister shall rule on any dispute between the regional board and the Kativik Regional Government, except disputes relating to the transfer and integration of employees who are members of a certified association within the meaning of the Labour Code (chapter C-27) or of employees for whom a government regulation already provides for a specific recourse.

1993, c. 58, s. 1.

530.42. The health and social services council established for the territory contemplated by this Part under the Act respecting health services and social services for Cree and Inuit Native persons (chapter S-5), in existence on 30 April 1995, ceases to exist in that territory from 1 May 1995. From the latter date, the rights and obligations of the health and social services council shall become, without other formality, the rights and obligations of the regional board which shall carry out all the functions devolved on it by this Act.

On the same date, the officers of the Kativik Regional Government who were assigned to the functions devolved upon the regional board shall become members of the personnel of the regional board, in conformity with the transfer and integration plan established for that purpose, subject, as regards employees within the meaning of the Labour Code (chapter C-27) and the certified associations representing them, to the provisions of that Code.

1993, c. 58, s. 1.

PART IV.2 SPECIAL PROVISIONS APPLICABLE IN A PART OF THE NORD-DU-QUÉBEC REGION

1998, c. 39, s. 171.

TITLE I GENERAL PROVISIONS

1998, c. 39, s. 171.

530.43. This Part applies in the territory of the Nord-du-Québec administrative region described in paragraph 16 of Schedule I to Order in Council 2000-87 dated 22 December 1987, with any present and future amendments, except the territory defined in section 2 of the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1) and the territory delimited by Order in Council 1213-78 dated 20 April 1978 and coming under the jurisdiction of the Cree Board of Health and Social Services of James Bay.

1998, c. 39, s. 171.

530.44. Only one public institution shall have its head office in the territory to which this Part applies.

1998, c. 39, s. 171.

530.45. Notwithstanding section 339, a public institution to which this Part applies is deemed to act as an agency where it exercises the various powers and responsibilities conferred on it by the special provisions enacted by this Part.

1998, c. 39, s. 171; 2001, c. 24, s. 88; 2005, c. 32, s. 227.

530.46. The provisions of this Act applicable to public institutions, including the provisions concerning local authorities, apply to the institution to which this Part applies, subject to any special provisions enacted by this Part.

1998, c. 39, s. 171; 2005, c. 32, s. 199.

TITLE II COMPLAINTS

1998, c. 39, s. 171.

530.47. (Repealed).

1998, c. 39, s. 171; 2001, c. 43, s. 62.

530.48. Complaints under section 60 shall be filed with the institution to which this Part applies and shall be examined in accordance with the provisions of sections 29 to 59, 73 to 76.9 and 76.13.

1998, c. 39, s. 171; 2001, c. 43, s. 63.

530.49. The institution must send the report referred to in section 76.10 to the Minister. The report must contain the items listed in section 76.11.

The Minister shall table the report before the National Assembly together with the reports referred to in section 76.14.

1998, c. 39, s. 171; 2001, c. 43, s. 64.

TITLE III SPECIAL FUNCTIONS OF THE INSTITUTION

1998, c. 39, s. 171.

530.50. In addition to exercising the functions inherent in the missions of the centres it operates, the object of the institution to which this Part applies is to exercise the responsibilities of an agency referred to in section 340, except the responsibilities to be exercised in respect of other institutions.

1998, c. 39, s. 171; 2005, c. 32, s. 200.

530.50.1. The provisions of sections 343.1 to 343.6 relating to the people’s forum apply, with the necessary modifications, in the territory to which this Part applies.

For that purpose, the expression “agency” means the institution. The reference to the procedure determined pursuant to the second paragraph of section 384 is a reference to the procedure applicable pursuant to the third paragraph of section 177.

2001, c. 24, s. 90; 2005, c. 32, s. 227.

530.51. The institution must inform the users in the region of the health services and social services available to them and of their rights, recourses and obligations in that respect.

1998, c. 39, s. 171.

530.52. The institution shall exercise the functions of an agency provided for in sections 346 to 346.1, 348 and 349.

The institution shall submit the parameters referred to in the second paragraph of section 105 to the Minister for approval.

1998, c. 39, s. 171; 2001, c. 24, s. 91; 2005, c. 32, s. 201.

530.53. The institution shall exercise the coordination functions of an agency referred to in section 352 in respect of the activities of community organizations and specific medical activities as well as the functions referred to in section 353.

1998, c. 39, s. 171; 2005, c. 32, s. 227.

530.54. The institution shall determine, in accordance with the orientations identified for that purpose by the Minister, the general rules governing access to the services it offers. It shall implement any mechanism of access to services it considers necessary to ensure a prompt and adequate response to users’ needs.

The mechanisms of access to services must take the sociocultural and linguistic characteristics of the users into account.

1998, c. 39, s. 171; 2005, c. 32, s. 202.

530.55. The institution shall ensure that intermediate resources and family-type resources are developed in harmony with the capacity of the region concerned to accept them.

1998, c. 39, s. 171.

530.56. The institution shall adopt adequate operating standards for its emergency services and apply standards consistent with the principle of an adequate distribution of emergency cases in determining the use and allocation of beds.

The institution shall develop and implement a regional information system to monitor, on a daily basis, the situation in the centres operated by it as regards the number and nature of registrations and admissions of users and their transfer and transport by ambulance.

1998, c. 39, s. 171.

530.57. The provisions of sections 360 to 366.1 are applicable. For that purpose and according to the rules set out in sections 361 and 361.1, the institution shall establish a list of specific medical activities and exercise the other powers and duties of an agency; in addition, the expression “regional department of general medicine” means the council of physicians, dentists and pharmacists of the institution.

1998, c. 39, s. 171; 2002, c. 66, s. 16; 2005, c. 32, s. 203.

530.58. (Repealed).

1998, c. 39, s. 171; 2005, c. 32, s. 204.

530.58.1. The council of nurses of the institution shall exercise the powers and perform the duties of the regional nursing commission described in section 370.3; for the purposes of that provision, the expression “the agency” refers to the institution.

2001, c. 24, s. 92; 2005, c. 32, s. 227.

530.58.2. The multidisciplinary council of the institution shall exercise the powers and perform the duties of the regional multidisciplinary commission described in section 370.7; for the purposes of that provision, the expression “the agency” refers to the institution.

2001, c. 24, s. 92; 2005, c. 32, s. 227.

530.59. The institution shall exercise the functions of an agency relating to public health provided for in section 371. The provisions of sections 372 to 375.0.1 are applicable to the public health director; for that purpose, the expressions “Each agency”, “An agency” and “the agency” mean the institution.

However, instead of creating a public health directorate pursuant to paragraph 1 of section 371, the institution may enter into an agreement with an agency whereby the responsibilities provided for in sections 373 to 375.0.1 are assumed by the public health director of another region.

The public health director of the institution or of the agency with which the institution has entered into an agreement referred to in the second paragraph shall become a member of the council of physicians, dentists and pharmacists of the institution.

1998, c. 39, s. 171; 2002, c. 38, s. 12; 2005, c. 32, s. 227.

530.60. The institution shall draw up regional staffing and human resources development plans in keeping with the orientations determined and policies established by the Minister and in cooperation with the organizations concerned, and see to the implementation of the plans.

To that end, the institution shall

(0.1)  set up a workforce information system fostering, in particular, the development of regional staffing plans;

(1)  organize professional development activities within the framework of the implementation of the regional staffing plans;

(2)  organize professional development activities for the members of its board of directors;

(3)  assist community organizations with regard to professional development activities for their members.

1998, c. 39, s. 171; 2005, c. 32, s. 205.

530.61. The institution shall exercise the powers and duties of an agency provided for in section 377 concerning the medical staffing plan of the region, the powers and duties provided for in section 380 concerning the advice to be given to the Minister, the powers and duties provided for in section 381 concerning community organizations and the powers and duties provided for in section 384 concerning private resources referred to in section 454.

Section 377.1 applies in respect of the medical staffing plan developed by the institution.

1998, c. 39, s. 171; 2005, c. 32, s. 206.

530.61.1. Sections 385.1 to 385.8 apply, with the necessary modifications, to the institution with respect to management and reporting.

2001, c. 24, s. 93.

TITLE IV BOARD OF DIRECTORS OF THE INSTITUTION

1998, c. 39, s. 171.

CHAPTER I ESTABLISHMENT

1998, c. 39, s. 171.

530.62. The board of directors of the institution to which this Part applies shall be composed of the following persons, who shall be members of the board as and when they are elected or designated:

(1)  five persons elected by the population at the election held under section 530.63 and coming from each part of the territory served by the institution;

(2)  two persons designated by the users’ committee of the institution;

(3)  one person designated by and from among the members of the council of physicians, dentists and pharmacists of the institution;

(4)  one person designated by and from among the members of the council of nurses of the institution;

(5)  one person designated by and from among the members of the multidisciplinary council of the institution;

(5.1)  one person designated by and from among the personnel members of the institution who are not members of any of the councils mentioned in paragraphs 3 to 5;

(6)  where applicable, one person designated by the boards of directors of the foundations of the institution and chosen from among the members of those boards;

(7)   two persons designated by the Minister, recognized for their experience and management skills and having their principal residence in the territory served by the institution;

(8)  five persons designated by the members referred to in paragraphs 1 to 7, one being chosen from a list of names provided by the organizations of the community sector, another from a list of names provided by the organizations of the public education sector, another from a list provided by organizations representative of the union sector and the other two from a list of names provided by the regional conference or conferences of elected officers in the region, representing the socio-economic organizations of the territory served by the institution to provide the board of directors with better representation of the characteristics of that territory and the communities therein;

(9)  the president and executive director of the institution, appointed by the Minister.

1998, c. 39, s. 171; 1999, c. 24, s. 42; 2001, c. 24, s. 94; 2005, c. 32, s. 207.

530.62.1. All the lists of names referred to in paragraph 8 of section 530.62 must tend towards gender parity.

2001, c. 24, s. 95.

530.63. The institution shall, every three years, on such day as the Minister determines, invite the population to elect the persons referred to in paragraph 1 of section 530.62. No minor is entitled to vote.

The mechanisms whereby candidates may address the population before an election, and the election procedure to be followed shall be determined by regulation of the Minister, as well as the standards relating to advertising, financing, the powers and duties of election officers and campaign literature.

1998, c. 39, s. 171.

530.64. The Minister shall determine, by regulation, the procedure to be followed for the designation of the persons referred to in paragraphs 2 to 6 of section 530.62.

The Minister shall fix the date on which each such designation is to be made.

1998, c. 39, s. 171; 2001, c. 24, s. 97.

530.65. Once the members referred to in paragraphs 1 to 7 of section 530.62 have been elected or designated, the members shall, within the following 30 days, designate the persons referred to in paragraph 8 of that section.

The members shall, by means of the election by cooptation, allow for membership on the board of directors of persons whose competence and skills are considered useful to the administration of the institution, and ensure just representation of the parts of the territory of the region, the sectors of activity or the sociocultural, linguistic or demographic groups of the region and the most equitable representation possible of women and men.

1998, c. 39, s. 171; 2001, c. 24, s. 98.

530.66. If a position cannot be filled by the application of section 530.62 or section 530.65, the Minister shall appoint a person to the position within 120 days.

1998, c. 39, s. 171; 2005, c. 32, s. 208.

530.67. Any interested person may present a motion in contestation or annulment of any election held under this chapter before the Administrative Tribunal of Québec.

The provisions of section 148 apply to the proceeding.

1998, c. 39, s. 171.

CHAPTER II TERM OF OFFICE, QUALIFICATION FOR MEMBERSHIP AND VACANCIES

1998, c. 39, s. 171.

530.68. (Repealed).

1998, c. 39, s. 171; 2005, c. 32, s. 209.

530.69. No person employed by a community organization may be elected or designated as a member of the board of directors of the institution except under paragraph 8 of section 530.62.

1998, c. 39, s. 171; 2001, c. 24, s. 99.

530.70. In section 156, the expression “the agency” designates “the Minister”. The vacancy shall be filled in the manner set out in subparagraph 1 of the first paragraph of section 156, in the case of a member referred to in paragraph 7 of section 530.62, and in subparagraph 3 of the first paragraph of section 156, in any other case.

1998, c. 39, s. 171; 2001, c. 24, s. 100; 2005, c. 32, s. 210.

CHAPTER III OPERATION

1998, c. 39, s. 171.

530.71. The board of directors of the institution shall meet at least six times a year.

1998, c. 39, s. 171.

530.72. In addition to the powers provided for in section 181, the board of directors may, by by-law,

(1)  set up the committees necessary for the pursuit of its objects;

(2)  determine the composition, functions, duties and powers of the committees and their operating procedures, internal management rules and financing;

(3)  determine the mode of appointment, qualifications, functions, duties and powers and the terms of office of committee members and the dismissal procedure.

1998, c. 39, s. 171.

530.72.0.1. For the purposes of section 181.0.2, one of the persons designated under paragraph 2 of section 530.62 must be chosen to be a member of the institution’s watchdog committee.

2005, c. 32, s. 211.

CHAPTER IV PRESIDENT AND EXECUTIVE DIRECTOR

2001, c. 24, s. 101.

530.72.1. The provisions of this Act applicable to the executive director of a public institution and the provisions of sections 399, 400, 403 and 413.1 apply, with the necessary modifications, to the president and executive director of the institution to which this Part applies.

2001, c. 24, s. 101.

TITLE V OTHER PROVISIONS SPECIFIC TO THE INSTITUTION

1998, c. 39, s. 171.

530.73. Every agreement entered into by the institution to which this Part applies in accordance with section 108 must be sent to the Minister.

1998, c. 39, s. 171; 2005, c. 32, s. 212.

530.74. An institution must send the Minister any contract made under the third paragraph of section 110.

1998, c. 39, s. 171; 2005, c. 32, s. 213.

530.75. The organization plan of the institution shall be transmitted to the Minister.

The part of the organization plan that contains the elements referred to in section 184 must be submitted to the Minister for approval. Once approved by the Minister, the said part of the organization plan shall constitute the medical and dental staffing plan of the institution. During a review, the medical and dental staffing plan of the institution shall continue to apply until the Minister makes a decision concerning the review.

1998, c. 39, s. 171; 2001, c. 24, s. 102; 2005, c. 32, s. 214.

530.76. The authorization referred to in the fourth paragraph of section 199 shall be given to the institution by the Minister.

1998, c. 39, s. 171.

530.77. The copy of the report required under section 212 shall be transmitted to the Minister by the institution.

1998, c. 39, s. 171.

530.78. The approval required under section 240 does not apply to the institution and the notification required under sections 245 and 256 shall be given to the Minister by the institution.

1998, c. 39, s. 171; 2001, c. 24, s. 103.

530.78.1. Where an institution enters into a service contract with a midwife pursuant to section 259.2, the agreement must include provisions concerning the particulars referred to in the second paragraph of section 259.10 insofar as they may be necessary to ensure the proper dispensing of midwifery services for the institution.

1999, c. 24, s. 43.

530.79. Section 263 does not apply to the institution, except for the purposes of section 260.

The institution is not required to obtain the authorizations or acceptations provided for in sections 268, 269.1, 271 and 272.

The advice and authorizations provided for in sections 265 and 296 shall be given to the institution by the Minister.

The Minister may require the institution to furnish the information referred to in section 279.

1998, c. 39, s. 171.

530.80. The annual report on activities of the institution, forwarded to the Minister in accordance with section 278, must also include the elements prescribed by the fourth paragraph of section 391 concerning community organizations.

The Minister shall table the report before the National Assembly within 30 days of its receipt or, if the Assembly is not in session, within 30 days after resumption.

The National Assembly shall refer the report to the Parliamentary Committee on Social Affairs which shall examine it and hear the institution at least once every three years.

1998, c. 39, s. 171.

530.81. The operating budget estimates for the institution shall be drawn up on the basis of the budgetary parameters transmitted by the Minister.

In sections 286 to 288, the expression “the agency” means the Minister.

The report required under section 295 shall be submitted to the Minister.

1998, c. 39, s. 171; 2005, c. 32, s. 227.

530.82. The institution may call upon the services of an intermediate resource for the purpose of carrying out the mission of a centre operated by the institution. The institution shall exercise the responsibilities of an agency in respect of such resources.

The institution may also call upon the services of a family-type resource for the placement of adults or elderly persons and, if it operates a centre referred to in the second or third paragraph of section 310, for the placement of children. The institution shall exercise the responsibilities of an agency in respect of such resources.

In section 307, the expression “the agency” means the Minister.

1998, c. 39, s. 171; 2005, c. 32, s. 227.

530.83. The institution shall exercise the functions of an agency referred to in section 336 concerning the granting of subsidies to community organizations. The institution shall notify the Minister within 30 days of any decision concerning the granting of a subsidy.

The institution must ensure control over the subsidies granted to community organizations.

1998, c. 39, s. 171; 2005, c. 32, s. 227.

530.84. The institution shall send any application concerning its permit to the Minister.

1998, c. 39, s. 171.

530.85. The institution may allocate a financial allowance referred to in section 454 to a person operating a private nursing home or to a community organization.

For the purposes of sections 457, 459 and 460, the expression “the agency” means the institution.

1998, c. 39, s. 171; 2005, c. 32, s. 215.

530.86. Sections 463 to 465 relating to the funding of services apply to the institution as if it were an agency.

1998, c. 39, s. 171; 2005, c. 32, s. 227.

530.87. The regulation made under section 510 must prescribe the formation of a regional committee for the territory to which this Part applies; in that section, the expressions “the agency” and “that agency” mean the institution.

1998, c. 39, s. 171; 2005, c. 32, s. 227.

530.88. The institution shall exercise the responsibilities entrusted to an agency under Part III.1.

1998, c. 39, s. 171; 2005, c. 32, s. 227.

PART IV.3 SPECIAL PROVISIONS APPLICABLE TO CERTAIN LANDS TRANSFERRED FOR THE EXCLUSIVE USE OF THE NASKAPI NATION OF KAWAWACHIKAMACH

TITLE I GENERAL PROVISIONS

530.89. This Part applies to any public institution whose head office is situated in the territory constituted by the Category IA-N lands of which the administration, management and control were transferred by Order in Council 92-92 dated 29 January 1992 for the exclusive use and benefit of the Naskapi Band of Quebec, now called the Naskapi Nation of Kawawachikamach.

2000, c. 33, s. 1.

530.90. The provisions of this Act applicable to public institutions apply to every institution described in section 530.89, subject to the special provisions enacted by this Part.

2000, c. 33, s. 1.

TITLE II USERS’ COMPLAINTS

530.91. In addition to what is provided for in sections 34 and 60, the complaint examination procedure enables the user to file a complaint with an institution referred to in section 530.89 concerning the services that have been, should have been or are being provided to the user by or that the user requires from an institution whose head office is situated outside the territory described in the said section.

Where such a complaint is filed, the local commissioner who receives the complaint must transmit it with diligence to the local commissioner of the institution concerned or, as the case may be, the regional commissioner of the agency concerned, who shall then examine the complaint and communicate with the local commissioner of the institution referred to in section 530.89, who shall in turn inform the user with diligence of the action taken following the user’s complaint.

If a complaint concerning an institution situated outside the territory described in section 530.89 is filed directly with the local commissioner of the institution or, as the case may be, the regional commissioner of the agency, the complaint shall be examined by that local or regional commissioner, who shall inform the local commissioner of the institution referred to in section 530.89. Any information relating to the follow-up of the complaint shall be communicated to the local commissioner of the latter institution, who shall communicate the information to the user with diligence.

2000, c. 33, s. 1; 2001, c. 43, s. 65; 2005, c. 32, s. 227.

530.91.1. For the purposes of section 51, the chair of the review committee is appointed from among the members elected under subparagraph 1 of the first paragraph of section 530.94.

2005, c. 32, s. 216.

530.92. Where the agency or the Health Services Ombudsman examines the complaint of a Naskapi who is a beneficiary under the Northeastern Québec Agreement and whose domicile is situated in the territory described in section 530.89, the agency or the Health Services Ombudsman must be assisted by a Naskapi who is a beneficiary under the Northeastern Québec Agreement, appointed by the Government on the recommendation of the council of the Naskapi Nation of Kawawachikamach. The Government shall fix the salary or fees and the other terms of employment of the latter Naskapi.

2000, c. 33, s. 1; 2001, c. 43, s. 66; 2005, c. 32, s. 227.

530.93. Any report transmitted to the agency by an institution described in section 530.89, pursuant to section 76.10, must also be transmitted to the council of the Naskapi Nation of Kawawachikamach.

2000, c. 33, s. 1; 2001, c. 43, s. 67; 2005, c. 32, s. 227.

TITLE III BOARD OF DIRECTORS OF AN INSTITUTION DESCRIBED IN SECTION 530.89

530.94. The board of directors of an institution shall be composed of the following persons, who shall be members of the board as and when they are elected or appointed:

(1)  three persons, who are qualified electors of the Nation, elected by and from among the members of the Naskapi Nation of Kawawachikamach. Of the persons elected, at least one shall be a female person, at least one shall be a male person and at least one shall be 50 years of age or over;

(2)  one person elected by and from among the persons employed by the institution;

(3)  a member of the council of the Naskapi Nation of Kawawachikamach, appointed by the council of the Naskapi Nation of Kawawachikamach;

(4)  a member of the Naskapi Education Committee referred to in section 11.5 of the Northeastern Québec Agreement, appointed by the Naskapi Education Committee;

(5)  the executive director of the institution.

No Naskapi whose domicile is situated within the limits of the Indian reserve of Matimekosh, as defined in Order in Council 2718 dated 21 August 1968, may be elected under subparagraph 1 of the first paragraph.

2000, c. 33, s. 1.

530.95. The rules governing the election and appointment of members referred to in subparagraphs 1, 3 and 4 of the first paragraph of section 530.94 are determined by a by-law adopted by the council of the Naskapi Nation of Kawawachikamach and must be submitted to the agency for approval.

The procedure governing the election of persons referred to in subparagraph 2 of the first paragraph of section 530.94 is determined by an agency by-law.

Elections or appointments shall take place on the date fixed by the agency. Before fixing the date, the agency must consult the council of the Naskapi Nation of Kawawachikamach.

2000, c. 33, s. 1; 2005, c. 32, s. 227.

530.96. Any vacancy on the board of directors shall be filled, for the unexpired portion of the term of office of the member whose seat has become vacant, as follows:

(1)  in the case of a member whose seat becomes vacant 18 months or less after the election or appointment of the member, the vacancy shall be filled in accordance with the rules governing the election or appointment of the member. The board of directors shall inform the agency of the election or appointment;

(2)  in the case of a member whose seat becomes vacant more than 18 months after the election or appointment of the member, the members of the board of directors remaining in office shall fill the vacancy by resolution. The person thus appointed shall have the qualifications required to be a member of the board of directors in the same capacity as the member replaced. The board of directors shall inform the agency of the appointment.

If the board of directors fails to fill a vacancy within 120 days of its occurrence, the vacancy may be filled by the agency after consultation with the council of the Naskapi Nation of Kawawachikamach.

Any unexplained absence from a number of regular and consecutive sittings of the board of directors determined in the rules of internal management, in the cases and circumstances provided therein, also constitutes a vacancy.

2000, c. 33, s. 1; 2005, c. 32, s. 217.

530.97. Any interested person may apply to the Administrative Tribunal of Québec to contest or demand the annulment of any election of a member of the board of directors.

The second, third, fourth, fifth and sixth paragraphs of section 148 apply to an application made under the first paragraph.

2000, c. 33, s. 1.

530.97.1. For the purposes of section 181.0.2, the three members chosen by the board of directors are selected from among the persons elected or appointed under subparagraphs 1, 3 and 4 of the first paragraph of section 530.94.

2005, c. 32, s. 218.

530.98. (Repealed).

2000, c. 33, s. 1; 2001, c. 24, s. 104.

TITLE IV OPERATING RULES OF AN INSTITUTION DESCRIBED IN SECTION 530.89

530.99. Before establishing priorities and orientations for an institution prescribed by section 171 or adopting a code of ethics prescribed by section 233, an institution must seek the advice of the council of the Naskapi Nation of Kawawachikamach.

2000, c. 33, s. 1.

530.100. The performance by an institution of acts described in sections 260, 262, 263, 268 and 271 and for which an authorization is required is subject to the additional obligation to seek the advice of the council of the Naskapi Nation of Kawawachikamach. The same applies to acts described in subparagraphs 1 to 4 of the first paragraph of section 265.

2000, c. 33, s. 1.

530.101. Section 266 does not apply to an institution.

2000, c. 33, s. 1.

530.102. An institution must transmit to the council of the Naskapi Nation of Kawawachikamach a copy of all documents or information furnished to the agency, pursuant to section 272, and allow the council to verify the accuracy of the said documents or information.

2000, c. 33, s. 1; 2005, c. 32, s. 227.

530.103. An institution must, at the request of the council of the Naskapi Nation of Kawawachikamach, supply it with any information concerning the use made of assistance obtained under section 272.

2000, c. 33, s. 1.

530.104. An institution must, within the time prescribed by section 278, transmit to the council of the Naskapi Nation of Kawawachikamach a copy of the report described in the said section. In addition to the information provided for in section 278, the report must contain any information required by the council of the Naskapi Nation of Kawawachikamach.

2000, c. 33, s. 1.

530.105. An institution must, at the request of the council of the Naskapi Nation of Kawawachikamach, supply it with a copy of statements, statistical data, reports and other information furnished to the agency, pursuant to section 279.

2000, c. 33, s. 1; 2005, c. 32, s. 227.

530.106. An institution must seek the advice of the council of the Naskapi Nation of Kawawachikamach before submitting to the agency, where required, the budget balancing plan referred to in the third paragraph of section 286.

2000, c. 33, s. 1; 2005, c. 32, s. 227.

530.107. An institution must transmit to the council of the Naskapi Nation of Kawawachikamach a copy of any report transmitted to the agency pursuant to section 288, within the same time.

2000, c. 33, s. 1; 2005, c. 32, s. 227.

530.108. Before appointing an auditor, in accordance with section 290 or, where applicable, filling a vacancy in accordance with section 291, the board of directors of an institution must seek the advice of the council of the Naskapi Nation of Kawawachikamach.

2000, c. 33, s. 1.

530.109. A copy of the auditor’s report must be submitted to the council of the Naskapi Nation of Kawawachikamach at the same time as it is submitted to the board of directors of the institution under section 294.

2000, c. 33, s. 1.

530.110. A copy of the annual financial report of the institution, prepared in accordance with section 295, must be transmitted to the council of the Naskapi Nation of Kawawachikamach, within the time provided for in the said section. The institution must also furnish to the council any information it requires in respect of the report.

2000, c. 33, s. 1.

530.111. An institution must seek the advice of the council of the Naskapi Nation of Kawawachikamach before requesting the authorization provided for in the second paragraph of section 296.

2000, c. 33, s. 1.

530.112. Any information concerning the financial position of an institution must be furnished to the council of the Naskapi Nation of Kawawachikamach at the same time as it is furnished pursuant to section 297.

2000, c. 33, s. 1.

TITLE V MISCELLANEOUS PROVISIONS APPLICABLE TO AN INSTITUTION DESCRIBED IN SECTION 530.89

530.113. The constituting instrument of an institution cannot be granted, amended, revoked, abandoned or cancelled without the consent of the council of the Naskapi Nation of Kawawachikamach.

2000, c. 33, s. 1.

530.114. No institution may be amalgamated without the consent of the council of the Naskapi Nation of Kawawachikamach.

2000, c. 33, s. 1.

530.115. No institution may, without the consent of the council of the Naskapi Nation of Kawawachikamach, integrate the whole of its property, rights and obligations with those of another institution.

2000, c. 33, s. 1.

530.116. Where a community organization carries on activities in the territory referred to in section 530.89, the report of activities and the financial statement provided for in section 338 must be transmitted within the same time to the council of the Naskapi Nation of Kawawachikamach.

2000, c. 33, s. 1.

TITLE VI TRANSITIONAL PROVISION

530.117. As soon as 16 June 2000, the Minister shall require the constitution, for the territory described in section 530.89, of a public institution whose mission shall be to operate a local community service centre for the Naskapis who are beneficiaries under the Northeastern Québec Agreement. The institution may also, with the consent of the council of the Naskapi Nation of Kawawachikamach, enter into an agreement with the agency to offer services to a population other than the population the institution has the mission to serve.

2000, c. 33, s. 1; 2005, c. 32, s. 227.

PART V PENAL PROVISIONS

531. Every person who contravenes any provision of the second paragraph of section 135, section 437, 438, 444 or 462 or a regulatory provision referred to in section 488 or 511 or in the second paragraph of section 520.4 is guilty of an offence and is liable to a fine of $325 to $1,150 in the case of a natural person or to a fine of $700 to $7,000 in the case of a legal person. Every person who commits an offence described in sections 532 to 535 is also liable to the said fine.

Every person who contravenes the third paragraph of section 452 is guilty of an offence and is liable to a fine of $2,450 to $6,075 in the case of a natural person or to a fine of $6,075 to $12,150 in the case of a legal person.

1991, c. 42, s. 531; 1996, c. 36, s. 49; 1998, c. 39, s. 172; 2006, c. 43, s. 38.

531.1. Every person who operates a residence for the elderly without holding a certificate of compliance issued under this Act or who purports to hold such a certificate while not holding one is guilty of an offence.

Every person who contravenes the first paragraph is liable, for each day the offence continues, to a fine of $150 to $450 in the case of a natural person or to a fine of $750 to $2,250 in the case of a legal person.

2005, c. 32, s. 220.

531.2. An operator of a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3 that allows a physician to whom the prohibition under the second paragraph of section 257 applies to practise in the centre is guilty of an offence and is liable, for each day that the offence continues, to a fine of $150 to $450 in the case of a natural person and $750 to $2,250 in the case of a legal person.

2006, c. 43, s. 39.

531.3. An operator of a specialized medical centre that contravenes the first or second paragraph of section 333.2, the second paragraph of section 333.3, the first paragraph of section 333.5 or the second paragraph of section 333.7 is guilty of an offence and is liable to a fine of $325 to $1,500 in the case of a natural person and $700 to $7,000 in the case of a legal person.

A producer or distributor of a good or service related to health and social services that contravenes the third paragraph of section 333.2 is guilty of an offence and liable to the penalty set out in the first paragraph.

2006, c. 43, s. 39.

532. Every person who omits or refuses to provide the information, reports, or other documents required to be communicated under this Act is guilty of an offence.

The provisions of the first paragraph do not apply to a person who fails to report an incident or accident as provided for in section 233.1.

1991, c. 42, s. 532; 2002, c. 71, s. 16.

533. Every person who knowingly provides the Minister, the enterprise registrar or any other person with information, reports or other documents required to be communicated under this Act which are false or misleading is guilty of an offence.

1991, c. 42, s. 533; 2002, c. 45, s. 556.

534. Every person who omits or refuses to keep a book or register required under this Act or to make a required entry therein is guilty of an offence.

1991, c. 42, s. 534.

535. Every person who hinders the performance of the duties of a person making an inspection, investigation or examination under this Act is guilty of an offence.

1991, c. 42, s. 535.

536. Where a legal person is guilty of an offence under any of sections 531 to 535, any director, employee or agent of the legal person who has prescribed or authorized the commission of the offence or assented thereto or acquiesced or participated therein is deemed a party to such offence.

1991, c. 42, s. 536.

537. Every person who, through his act or omission, helps another person to commit an offence may be convicted of the offence as if he had committed it himself, if he knew or should have known that his action or omission would as a probable consequence assist in the commission of the offence.

1991, c. 42, s. 537.

538. Every person who, by encouragement, advice or order, induces another person to commit an offence may be convicted of the offence as if he had committed it himself, as well as of any other offence committed by the other person as a result of the encouragement, advice or orders, if he knew or should have known that such encouragement, advice or orders would have as a probable consequence the commission of the offence.

1991, c. 42, s. 538.

539. (Repealed).

1991, c. 42, s. 539; 1992, c. 61, s. 663.

PART VI CONTINUANCE OF LEGAL PERSONS

CHAPTER I PUBLIC INSTITUTIONS

540. Every establishment constituted as a legal person under the Act respecting health services and social services (chapter S-5) or resulting from an amalgamation or conversion made under the said Act is continued and is deemed, from 1 October 1992, to be an institution constituted as a legal person under this Act.

The rights, obligations and acts of such an institution are not affected by the continuance. They remain in force and retain their effect to the extent that they are consistent with this Act.

1991, c. 42, s. 540; 1999, c. 40, s. 269.

541. If the continued establishment operated a hospital centre for short term care, it is deemed to have as its object, from the date of continuance, the carrying on of activities inherent in the mission of a hospital centre belonging to one or another of the classes listed in section 85 and determined by the Minister.

1991, c. 42, s. 541; 1992, c. 21, s. 70.

542. If the continued establishment operated a hospital centre for long term care or a shelter centre, it is deemed to have as its object, from the date of continuation, the carrying on of activities inherent in the mission of a residential and long-term care centre within the meaning of this Act.

1991, c. 42, s. 542.

543. If the continued establishment operated a rehabilitation centre, it is deemed to have as its object, from the date of continuation, the carrying on of activities inherent in the mission of a rehabilitation centre belonging to one or another of the classes listed in section 86 and determined by the Minister. In the case of a rehabilitation centre for physically impaired persons, the Minister shall also determine, in accordance with section 87, the type to which the centre belongs.

1991, c. 42, s. 543.

544. If the continued establishment operated a social service centre, it is deemed to have as its object, from the date of continuation, the carrying on of activities inherent in the mission of a child and youth protection centre within the meaning of this Act.

The continued institution shall carry on its activities with respect to the same territory as that in which it had jurisdiction before the day of continuance, notwithstanding any contrary provision of this Act, but only until the provisions of sections 619.48 to 619.51 apply.

1991, c. 42, s. 544; 1992, c. 21, s. 59.

545. In order to effect the modifications consequent upon the application of sections 541 to 544, supplementary letters patent shall be issued in accordance with section 322.

1991, c. 42, s. 545.

546. A public institution referred to in paragraph 1 of section 98 shall continue its activities under this Act from 1 October 1992 and is deemed to have as its object, from that date, the carrying on of activities inherent in the mission of one or more than one of the centres mentioned in paragraphs 1 to 5 of section 79.

Sections 541 to 544, wherever pertinent, apply to such institutions, with the necessary modifications.

1991, c. 42, s. 546.

547. Any provision of the constituting instrument of an institution referred to in section 546 that is inconsistent with a provision of this Act is inoperative and deemed to have been replaced, from 1 October 1992 by the corresponding provision of this Act, until supplementary letters patent have been obtained by the institution, where such is the case.

1991, c. 42, s. 547.

548. Notwithstanding any inconsistent legislative provision, the enterprise registrar may, upon an application by the institution referred to in section 546 and with the written authorization of the Minister, issue supplementary letters patent to replace the provisions of the constituting instrument of the institution by the corresponding provisions of this Act or to repeal provisions of those constituting instruments for which there is no corresponding provision in this Act.

The enterprise registrar shall publish the supplementary letters patent in the Gazette officielle du Québec, with a notice indicating the date on which they come into effect.

1991, c. 42, s. 548; 2002, c. 45, s. 556.

549. Where an institution to which section 548 applies has been constituted by a special Act, the Québec Official Publisher must insert in the annual compilation of the statutes of Québec a table indicating the date of effect of the supplementary letters patent issued before its printing and the legislative provisions which they replace or repeal.

1991, c. 42, s. 549; 1999, c. 40, s. 269.

550. The application referred to in section 548 must be signed by the executive director and by the chairman of the board of directors of the institution. It must be supported by a by-law passed by the board of directors. In the case of an institution referred to in section 327, the by-law must also be approved in accordance with that section.

1991, c. 42, s. 550.

551. Notwithstanding paragraph 1 of section 98, an institution holding a permit on 1 October 1992 and constituted as a non-profit legal person before 1 January 1974, remains a private institution where any sums it receives which are derived from the Consolidated Revenue Fund do not cover more than 80% of the net amounts it would receive for its current operating expenditures if it were a public institution.

Notwithstanding paragraph 1 of section 98, any institution constituted as a non-profit legal person before 1 June 1972 which engages in activities inherent in the mission of a local community service centre and which, on 1 October 1992, holds a permit issued for that purpose, is also a private institution. Such an institution shall continue to be governed by the rules applicable to the financing of its activities during the fiscal year beginning on 1 April 1992 until 31 March 1993, on which date it must have entered into a financial agreement in accordance with section 475.

1991, c. 42, s. 551; 1992, c. 21, s. 60; 1996, c. 36, s. 51.

552. From 1 October 1992, public institutions shall cease to be administered by the boards of directors established under the Act respecting health services and social services (chapter S-5) and begin to be administered by the first boards of directors established under this Act.

1991, c. 42, s. 552.

553. (Repealed).

1991, c. 42, s. 553; 1996, c. 36, s. 51; 1999, c. 40, s. 269; 2005, c. 32, s. 222.

CHAPTER II HEALTH AND SOCIAL SERVICES COUNCILS

554. Every health and social services council established under the Act respecting health services and social services (chapter S-5), as it read before 1 October 1992, other than a council mentioned in section 620, shall cease to exist in its territory from 1 October 1992, and the rights and obligations of that council shall become, without further formality, the rights and obligations of the regional board established under this Act which has its head office at the place where the council had its head office.

1991, c. 42, s. 554; 1992, c. 21, s. 61.

555. A regional board which succeeds a regional health and social services council pursuant to section 554 shall exercise all the functions that are assigned to it by this Act with respect to the same territory as the territory in which the council it succeeds had jurisdiction, notwithstanding any contrary provision of this Act, but, where the case arises, only until the provisions of sections 619.54 to 619.60 apply.

1991, c. 42, s. 555; 1992, c. 21, s. 61.

PART VII AMENDING, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I LEGISLATIVE AMENDMENTS

HEALTH INSURANCE ACT

556. (Amendment integrated into c. A-29, s. 1).

1991, c. 42, s. 556.

557. (Amendment integrated into c. A-29, s. 1.1).

1991, c. 42, s. 557.

558. Section 3 of the Health Insurance Act (chapter A-29) is amended

(1)  (paragraph repealed);

(2)  (amendment integrated into c. A-29, s. 3);

(3)  (amendment integrated into c. A-29, s. 3).

1991, c. 42, s. 558; 1992, c. 21, s. 62.

559. (Amendment integrated into c. A-29, s. 9).

1991, c. 42, s. 559.

560. (Amendment integrated into c. A-29, s. 9.0.1).

1991, c. 42, s. 560.

561. (Amendment integrated into c. A-29, ss. 9.4, 9.5).

1991, c. 42, s. 561.

562. (Amendment integrated into c. A-29, s. 12).

1991, c. 42, s. 562.

563. (Amendment integrated into c. A-29, s. 18.1).

1991, c. 42, s. 563.

564. (Amendment integrated into c. A-29, s. 19).

1991, c. 42, s. 564.

565. (Amendment integrated into c. A-29, s. 19.0.1).

1991, c. 42, s. 565.

566. (Amendment integrated into c. A-29, s. 19.1).

1991, c. 42, s. 566.

567. (Amendment integrated into c. A-29, s. 20).

1991, c. 42, s. 567.

568. (Amendment integrated into c. A-29, s. 22).

1991, c. 42, s. 568.

569. (Amendment integrated into c. A-29, s. 22.1).

1991, c. 42, s. 569.

Not in force

570. (Amendment integrated into c. A-29, s. 22.1.1).

1991, c. 42, s. 570.

571. (Amendment integrated into c. A-29, s. 39).

1991, c. 42, s. 571.

572. (Amendment integrated into c. A-29, s. 40).

1991, c. 42, s. 572.

Not in force

573. Section 41 of the said Act is replaced by the following section:

“41. The Government shall appoint revisory committees responsible for making recommendations to the Board in respect of matters submitted to them by the Board under section 47.”.

1991, c. 42, s. 573.

574. Section 42 of the said Act is amended

(1)  (amendment integrated into c. A-29, s. 42);

Not in force

(2)  by replacing the third to the eighth paragraphs by the following paragraphs:

“One of the committees shall include five medical specialists, of whom two are chosen from a list of at least four names furnished by the Ordre professionnel des médecins du Québec and three other are chosen from a list of at least six names furnished by any representative group with which the Minister has made an agreement applicable to medical specialists; such persons must not hold any elective or full-time office within that order or those organizations.

Another committee shall include five general practitioners, of whom two are chosen from a list of at least four names furnished by the Ordre professionnel des médecins du Québec and three others are chosen from a list of at least six names furnished by any representative group with which the Minister has made an agreement applicable to general practitioners; such persons must not hold any elective or full-time office within that order or those organizations.

Another committee shall include five specialists in oral surgery, of whom two are chosen from a list of at least four names furnished by the Ordre professionnel des dentistes du Québec and three others are chosen from a list of at least six names furnished by any representative group with which the Minister has made an agreement applicable to specialists in oral surgery; such persons must not hold any elective or full-time office within that order or those organizations.

Another committee shall include five dentists, of whom two are chosen from a list of at least four names furnished by the Ordre professionnel des dentistes du Québec and three others are chosen from a list of at least six names furnished by any representative group with which the Minister has made an agreement applicable to dental surgeons; such persons must not hold any elective or full-time office within that order or those organizations.

Another committee shall include five optometrists, of whom two are chosen from a list of at least four names furnished by the Ordre professionnel des optométristes du Québec and three others are chosen from a list of at least six names furnished by any representative group with which the Minister has made an agreement applicable to optometrists; such persons must not hold any elective or full-time office within that order or those organizations.

Another committee shall include five pharmacists, of whom two are chosen from a list of at least four names furnished by the Ordre professionnel des pharmaciens du Québec and three others are chosen from a list of at least six names furnished by any representative group with which the Minister has made an agreement applicable to proprietary pharmacists; such persons must not hold any elective or full-time office within that order or those organizations.”.

1991, c. 42, s. 574; 1994, c. 40, s. 457.

Not in force

575. Section 50 of the said Act is amended by replacing the words “professional federation or association” in the seventh line of the first paragraph by the words “representative organization”.

1991, c. 42, s. 575.

576. (Amendment integrated into c. A-29, s. 64).

1991, c. 42, s. 576.

577. (Amendment integrated into c. A-29, s. 65).

1991, c. 42, s. 577.

578. (Amendment integrated into c. A-29, s. 66.1).

1991, c. 42, s. 578.

579. (Amendment integrated into c. A-29, s. 67).

1991, c. 42, s. 579.

580. (Amendment integrated into c. A-29, s. 68).

1991, c. 42, s. 580.

581. Section 69 of the said Act, amended by section 5 of chapter 56 of the statutes of 1990, is again amended

(1)  (amendment integrated into c. A-29, s. 69);

(2)  (amendment integrated into c. A-29, s. 69);

(3)  (amendment integrated into c. A-29, s. 69);

Not in force

(4)  (amendment integrated into c. A-29, s. 69);

(5)  (amendment integrated into c. A-29, s. 69);

(6)  (amendment integrated into c. A-29, s. 69);

(7)  (amendment integrated into c. A-29, s. 69).

1991, c. 42, s. 581.

582. (Amendment integrated into c. A-29, s. 69.0.2).

1991, c. 42, s. 582.

583. (Amendment integrated into c. A-29, s. 69.1).

1991, c. 42, s. 583.

584. (Amendment integrated into c. A-29, s. 69.2).

1991, c. 42, s. 584.

585. (Amendment integrated into c. A-29, s. 72).

1991, c. 42, s. 585.

586. (Omitted).

1991, c. 42, s. 586.

ACT RESPECTING THE RÉGIE DE L’ASSURANCE-MALADIE DU QUÉBEC

587. (Amendment integrated into c. R-5, ss. 2, 2.1).

1991, c. 42, s. 587.

588. (Amendment integrated into c. R-5, s. 7).

1991, c. 42, s. 588.

589. (Amendment integrated into c. R-5, ss. 7.1, 7.2).

1991, c. 42, s. 589.

590. (Amendment integrated into c. R-5, s. 15).

1991, c. 42, s. 590.

591. (Amendment integrated into c. R-5, s. 22.2).

1991, c. 42, s. 591.

592. (Amendment integrated into c. R-5, ss. 24.1-24.4).

1991, c. 42, s. 592.

593. (Amendment integrated into c. R-5, s. 38).

1991, c. 42, s. 593.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES

594. (Amendment integrated into c. S-5, title).

1991, c. 42, s. 594.

CHAPTER II TRANSITIONAL PROVISIONS

DIVISION I FIRST BOARDS OF DIRECTORS OF PUBLIC INSTITUTIONS

595. The first boards of directors of public institutions shall be formed in accordance with the provisions of this Act, subject to the particular provisions of this division.

The Minister is responsible for taking the necessary steps to ensure that boards of directors are formed as soon as possible after the establishment of the regional boards under section 339.

1991, c. 42, s. 595.

596. The functions and powers conferred on a regional board under sections 119, 125, 127 and 128 shall be exercised by the health and social services council with regard to the territory it serves.

1991, c. 42, s. 596.

597. The election procedure which must be followed at a public meeting held under section 135 and the procedure for the election or appointment of certain members of boards of directors under section 137 shall be determined by regulation of the Minister. The regulation shall also provide for the procedure to be followed for the election or appointment of certain members pursuant to the special provisions of this division.

The Minister may, in such a regulation, entrust a health and social services council referred to in section 596 with functions related to the election or appointment procedure which would normally be exercised by the regional board.

A regulation made by the Minister under this section is not subject to sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards its publication and date of coming into force.

1991, c. 42, s. 597.

598. The Minister shall determine on what day of what month the elections and appointments provided for in sections 135 and 137 must take place.

1991, c. 42, s. 598.

599. For the purpose of holding the public meeting which must be held under section 135, the population shall be invited to attend by the board of directors formed under the Act respecting health services and social services (chapter S-5).

However, in the case of institutions referred to in any of sections 119 to 124, provided that each section concerns more than one institution, four persons elected by and from among the persons appointed by the Minister under paragraph c of sections 79 and 82 of the Act respecting health services and social services are considered to be the persons elected by the population for the purposes of paragraph 1 of section 129.

Similarly, in the case of institutions referred to in section 125, four persons elected by and from among the members elected by users under paragraph a of section 81 and by the members appointed by the Minister under paragraph c of sections 81 and 82 of the Act respecting health services and social services are considered to be the persons elected by the population for the purposes of paragraph 1 of section 130. Two of those persons must however be members elected or appointed under paragraphs a and c of section 81 of the said Act and the remaining two members must be appointed under paragraph c of section 82 of the said Act.

In cases where only two out of four positions can be filled pursuant to the third paragraph because there is no institution operating a child and youth protection centre in the region, the Minister shall appoint two other persons who shall also be considered to be persons elected by the population for the purposes of paragraph 1 of section 130.

1991, c. 42, s. 599; 1992, c. 21, s. 63.

600. The members of the beneficiaries’ committee formed under the Act respecting health services and social services (chapter S-5) are considered to be the members of the users’ committee of an institution for the purposes of paragraph 3 of both section 131 and section 132.

In the case of institutions referred to in any of sections 119 to 125, two persons elected by and from among the persons elected under paragraph a of sections 79 and 82 of the Act respecting health services and social services are considered to be the persons elected for the purposes of paragraph 3 of section 129 or 130, as the case may be.

1991, c. 42, s. 600.

601. With regard to the composition of its first board of directors, every public institution whose board of directors is composed of members who were elected under paragraph j of section 79, paragraph i of section 81 or paragraph j of section 82 of the Act respecting health services and social services (chapter S-5) is deemed to be a legal person designated by the Minister under section 139.

Such elected members are considered to be the persons appointed under paragraph 4 of section 129 or 130, paragraph 3.1 of section 131 or paragraph 4 of section 132, as the case may be. However, for the purposes of paragraph 4 of each of sections 129 and 130 where more than one institution is deemed to be a legal person designated by the Minister, three persons shall be appointed, by and from among the elected members of those institutions.

1991, c. 42, s. 601; 1992, c. 21, s. 64; 1996, c. 36, s. 51.

601.1. A public institution which, pursuant to section 601, is deemed to be a legal person designated by the Minister under section 139, continues to be deemed to be so designated until a final decision has been made on an application for designation filed under section 139, provided the application was filed before 1 October 1995.

1995, c. 28, s. 7; 1996, c. 36, s. 51.

602. The Minister shall exercise the power of appointment conferred on the regional board in the cases provided for in section 147.

1991, c. 42, s. 602.

603. The term of office of the members of the first boards of directors is extended, notwithstanding section 149, to the month of October of the year following the year of the third anniversary of the forming of those boards.

1991, c. 42, s. 603; 1995, c. 28, s. 8.

604. The term “regional board”, as used in paragraph 5 of section 150 and in the first paragraph of section 151 designates a health and social services council.

1991, c. 42, s. 604.

605. Any reference to a general or special provision of this Act in paragraphs 5 and 6 of section 150 is a reference to the corresponding provision of the Act respecting health services and social services (chapter S-5).

1991, c. 42, s. 605.

606. For the purposes of this division, the provisions of sections 79 to 99.1, 540 to 544, 546, 547, 551, 553 and 620 are deemed to be in force.

However, every public institution which has been authorized to maintain a board of directors formed in accordance with its constituting act under the second paragraph of section 76 of the Act respecting health services and social services (chapter S-5) is deemed to be similarly authorized under section 553.

1991, c. 42, s. 606; 1992, c. 21, s. 65; 1999, c. 40, s. 269.

606.1. Any interested person may file with the Administrative Tribunal of Québec an application in contestation or annulment of any election held under this division or under sections 619.6 and 619.52.

A motion in contestation or annulment of an election presented under this section is deemed to be a motion presented under section 148.

The second, third, fourth, fifth and sixth paragraphs of section 148 apply in such a case.

1992, c. 21, s. 66; 1997, c. 43, s. 740.

DIVISION II

Repealed, 1996, c. 36, s. 50.

1996, c. 36, s. 50.

607. (Repealed).

1991, c. 42, s. 607; 1996, c. 36, s. 50.

608. (Repealed).

1991, c. 42, s. 608; 1996, c. 36, s. 50.

609. (Repealed).

1991, c. 42, s. 609; 1996, c. 36, s. 50.

610. (Repealed).

1991, c. 42, s. 610; 1996, c. 36, s. 50.

611. (Repealed).

1991, c. 42, s. 611; 1996, c. 36, s. 50.

612. (Repealed).

1991, c. 42, s. 612; 1995, c. 28, s. 9; 1996, c. 36, s. 50.

613. (Repealed).

1991, c. 42, s. 613; 1996, c. 36, s. 50.

613.1. (Repealed).

1995, c. 28, s. 10; 1996, c. 36, s. 50.

DIVISION III APPOINTMENT OF THE FIRST EXECUTIVE DIRECTORS

614. Every person who, on 1 October 1992, holds the position of executive director of an institution referred to in section 126, shall continue to hold that position until the expiry of his contract.

The same applies to every person holding the position of executive director of an institution which, pursuant to section 128, is administered by a board of directors formed solely for the administration of such institution.

1991, c. 42, s. 614; 1992, c. 21, s. 67.

614.1. Every person who, on 1 October 1992, holds the position of executive director of a regional council which is succeeded by a regional board pursuant to that section shall continue to hold that position with that regional board until the expiry of his contract.

1992, c. 21, s. 67.

614.2. The boards of directors of the institutions contemplated in sections 119 to 125, except those referred to in the second paragraph of section 614, must, as soon as possible after 23 June 1992, appoint executive directors to the institutions concerned in accordance with the standards enacted by government regulation under section 507, subject to the following provisions:

(1)  any competition held to select an executive director shall be open only to the executive directors of the institutions concerned, and to any person who, on 23 June 1992, has held for at least one year, on a temporary basis, one of the positions of executive director concerned or who, on 14 May 1992 has been hired under a written employment contract having a term of at least one year;

(2)  the selection committee must include one member designated by the Minister and another member designated by the regional council concerned;

(3)  the appointment of an executive director shall not take effect before 1 October 1992;

(4)  the term of the employment contract of an executive director may not exceed three years.

1992, c. 21, s. 67.

614.3. The standards determined by government regulation under section 507 for the selection, appointment, hiring, remuneration and other terms of employment of executive directors shall apply in the following situations:

(1)  where the position of executive director of an institution contemplated by section 614 or of a regional council contemplated by section 614.1 is vacant on 23 June 1992 or becomes vacant between that date and 1 April 1993;

(2)  where the position to be filled is that of executive director of a regional board not contemplated by section 614.1;

(3)  where, following the application of paragraph 1 of section 614.2, the board of directors has been unable to appoint an executive director.

However, the term of the employment contract of an executive director appointed under this section shall not exceed three years.

1992, c. 21, s. 67.

615. The Government may, in a regulation made pursuant to section 507, entrust to a health and social service council referred to in section 596 functions related to the procedure for the selection of an executive director which would normally be exercised by the regional board.

A regulation made under this section is not subject to sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards its publication and date of coming into force.

1991, c. 42, s. 615.

616. For the purposes of this division, the provisions of sections 160 to 164, 166 to 170, 174, 175, 176, 181, 197 to 201, the first paragraph of section 405, sections 406 to 413, 416 and 620 are deemed to be in force.

1991, c. 42, s. 616.

DIVISION IV MISCELLANEOUS PROVISIONS

617. The Government may, by regulation, adopt any other transitional provisions allowing omissions to be rectified to ensure the application of this chapter as soon as possible after the institution of the regional boards under section 339.

Notwithstanding section 17 of the Regulations Act (chapter R-18.1), every regulation made under this section shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein. A regulation may, however, once published and if it so provides, apply from any date not prior to the date of institution of the regional boards.

1991, c. 42, s. 617.

618. The sums required for the carrying out of this chapter shall be determined by the Minister of Health and Social Services and must be taken out of the revenues appearing in the budget of each existing public institution and health and social services council, in the manner determined by the Minister.

1991, c. 42, s. 618.

619. Notwithstanding section 20 of the Health Insurance Act (chapter A-29) as amended by section 567 of this Act, a regulation made under subparagraph e.1 of the first paragraph of section 69 of the Health Insurance Act enacted by paragraph 1 of section 581 has no effect with regard to the agreement of 2 April 1988 between the Minister of Health and Social Services and the Association québécoise des pharmaciens propriétaires.

The Minister of Health and Social Services must consult the representative body in question before proposing to the Government that it adopt a regulation under the first paragraph.

1991, c. 42, s. 619.

CHAPTER II.1 OTHER TRANSITIONAL PROVISIONS

1992, c. 21, s. 68.

619.1. Unless otherwise indicated, any reference to the Act respecting health services and social services in any section of this chapter is a reference to the Act respecting health services and social services (chapter S-5) as it read before the date of coming into force of the section in which that Act is referred to.

1992, c. 21, s. 68.

619.2. Institutions, regional boards and the complaints commissioner appointed under section 55 have until 1 April 1993, or any later date determined by the Government, to establish a complaint examination procedure in accordance with sections 29, 43, 57 and 73, and to perform any other obligations inherent in the implementation of that procedure.

Until that date, the following provisions apply with regard to users’ complaints:

(1)  Each regional board referred to in section 555 is responsible for receiving and hearing complaints from persons to whom an institution whose head office is situated in the territory in which the regional board has jurisdiction has not provided the health services and social services that this Act entitles them to receive, and making the recommendations it considers appropriate in this regard to the institution concerned and the Minister.

(2)  Any complaint filed with a regional council in accordance with paragraph c of section 18 of the Act respecting health services and social services before 1 October 1992 shall continue to be heard by the regional board contemplated by paragraph 1, according to the procedure set out in that paragraph.

(3)  The executive director of an institution which receives a recommendation from a regional board in accordance with paragraph 1 must, not later than 30 days after receiving the recommendation, notify the regional board in writing of the steps taken by the institution in dealing with the recommendation.

If the regional board considers that the rights of the complainant, or of any other persons who might at some time find themselves in the same situation as the complainant, may be put at risk by the attitude of the institution concerned, it may file a request with the Commission des affaires sociales which shall be dealt with in accordance with the Act respecting the Commission des affaires sociales (chapter C-34).

(4)  Notwithstanding the date fixed in the first paragraph and notwithstanding section 619.60, any regional board which has begun to examine a complaint in accordance with paragraph 1 or which has continued to examine a complaint in accordance with paragraph 2 must continue to examine that complaint according to the procedure set out in paragraph 1.

(5)  The Commission des affaires sociales shall remain competent to hear requests filed by a regional council in accordance with section 19 of the Act respecting health services and social services, and shall be competent to hear requests filed by a regional board in accordance with the second paragraph of paragraph 3.

(6)  Any complaint concerning a medical, dental or pharmaceutical act filed with an institution shall be studied by the discipline committee of the council of physicians, dentists and pharmacists of the institution set up in accordance with the regulations under the Act respecting health services and social services.

If the examination of such a complaint has not been completed on the date mentioned in the first paragraph, it shall be continued according to the same procedure.

1992, c. 21, s. 68.

619.3. Within three months from 1 April 1993 or any later date determined by the Government, every public institution must bring any contract for professional services entered into in accordance with section 124 of the Act respecting health services and social services into conformity with the provisions of section 108. Failure to do so shall render the contract invalid.

1992, c. 21, s. 68.

619.4. Any contract of affiliation between an institution and an educational institution entered into in accordance with section 125 of the Act respecting health services and social services (chapter S-4.2) shall cease to be valid on 1 October 1993.

1992, c. 21, s. 68.

619.5. The Minister may designate a centre operated by an institution as a university hospital centre, university institute or affiliated university centre even if the institution has not, at the time of the designation, entered into a contract of affiliation in accordance with section 110.

However, the institution which operates a centre so designated must, to retain such designation, enter into a contract of affiliation not later than 1 October 1993.

1992, c. 21, s. 68; 1992, c. 21, s. 70.

619.6. Once the Minister has designated as a university hospital centre or university institute a centre operated by an institution, the university with which the institution is affiliated and the medical residents practising at the centre may proceed, in accordance with the regulations of the Minister made under section 597, with the appointment and election of the persons referred to in the second paragraph of section 133. The third paragraph of that section does not apply in that case.

The term of office of every person appointed or elected pursuant to this section shall end, notwithstanding section 149, at the same time as that of the other members of the board of directors.

1992, c. 21, s. 68; 1992, c. 21, s. 70.

619.7. The legal persons listed below shall not cease to be public institutions under the Act respecting health services and social services even if the facilities they maintained on 4 September 1991 no longer allowed more than 20 persons to be lodged therein or if, by reason of the reorganization of the services they dispensed, they had ceased to lodge more than 20 persons:

(1)  Services d’adaptation Osmose;

(2)  Centre d’apprentissage et de développement individuel de Québec (C.A.D.I.Q.);

(3)  Institut des sourds de Charlesbourg Inc.;

(4)  Clinique de réadaptation de Trois-Rivières Inc.;

(5)  Centre de réadaptation Estrie Inc.;

(6)  Centre de réadaptation Constance-Lethbridge;

(7)  Institut Raymond-Dewar;

(8)  Le Relais Laval Inc.

The same applies to any legal person which, between 4 September 1991 and 1 October 1992, finds itself in the same situation.

1992, c. 21, s. 68; 1996, c. 36, s. 51.

619.8. The organization plan of an institution drawn up in accordance with sections 69 to 70.0.1 of the Act respecting health services and social services is deemed to be the organization plan that an institution is required to prepare under sections 183 to 187, and shall continue to apply until revised in accordance with those sections.

The Government shall fix the date from which every institution must undertake the revision of its organization plan in accordance with those sections.

1992, c. 21, s. 68.

619.9. The rules governing the use of resources drawn up by the head of a clinical department in accordance with section 71.1 of the Act respecting health services and social services are deemed to be the rules provided for under section 189 and shall continue to apply until they are revised to bring them into conformity with that section, where necessary.

The Government shall fix the date from which the head of the clinical department must undertake the revision of such rules in accordance with section 189.

1992, c. 21, s. 68.

619.10. The director of nursing care of an institution shall continue to exercise his functions in accordance with the applicable provisions of the Act respecting health services and social services until 1 April 1993 or any later date determined by the Government. From that date, the director of nursing care shall carry out the functions enumerated in sections 207 and 208.

Every institution which has no director of nursing care and which, pursuant to section 206, is required to appoint such a director shall proceed with the appointment before the date mentioned in the first paragraph.

1992, c. 21, s. 68.

619.11. The beneficiaries’ committee established by an institution in accordance with section 118.1 of the Act respecting health services and social services is deemed to be the users’ committee provided for under section 209 until 1 April 1993 or any later date determined by the Government. From that date, the composition of the committee must be as prescribed in section 209 and it shall carry out the functions enumerated in section 212.

An institution which has no beneficiaries’ committee and which, pursuant to section 209, is required to set up a users’ committee must do so before the date mentioned in the first paragraph.

1992, c. 21, s. 68.

619.12. The council of physicians, dentists and pharmacists constituted in an institution in accordance with section 111 of the Act respecting health services and social services, and its executive committee formed under section 113 of the said Act are deemed to be the council of physicians, dentists and pharmacists established under section 213 and the executive committee formed under section 217 until 1 April 1993 or any later date determined by the Government. From that date, the composition of the executive committee must be as prescribed in section 217 and the council of physicians, dentists and pharmacists shall then exercise the functions listed in sections 214 and 215.

An institution which has no council of physicians, dentists and pharmacists and for which, pursuant to section 213, such a council is established, shall ensure that the council is in a position to exercise its functions not later than the date mentioned in the first paragraph.

1992, c. 21, s. 68.

619.13. Every public institution shall ensure that the council of nurses, the nursing assistants committee and the multidisciplinary council, provided for in sections 219, 223 and 226 respectively, are in a position to exercise their functions not later than 1 April 1993 or any later date determined by the Government.

Until that date the clinical staff advisory council constituted in an institution in accordance with section 108 of the Act respecting health services and social services and its executive committee formed according to section 110 of that Act shall continue to exercise their functions.

On the date mentioned in the first paragraph, the records and other documents of the clinical staff advisory council and its executive committee shall be transferred to the council of nurses and to the multidisciplinary council and to their executive committees according to their respective requirements.

1992, c. 21, s. 68.

619.14. Every public institution or private institution under agreement must meet its obligation to prepare a plan of action for personnel development in accordance with section 231 not later than 1 April 1993 or any later date determined by the Government.

1992, c. 21, s. 68.

619.15. Every institution must have adopted a code of ethics in conformity with section 233 and be in a position to give a copy of that code to each user who is an in-patient or who so requests not later than 1 April 1993 or any later date determined by the Government.

1992, c. 21, s. 68.

619.16. The appointment of a physician, dentist or pharmacist, the status granted to them and the privileges granted to a physician or dentist in accordance with the Act respecting health services and social services on or before 14 May 1992 shall retain their effects until their dates of expiry.

1992, c. 21, s. 68.

619.17. The appointment of a physician, dentist or pharmacist, the granting or renewal of the status of a physician, dentist or pharmacist and the granting or renewal of the privileges of a physician or dentist, if made after 14 May 1992, are valid only until 1 April 1993 or any later date determined by the Government.

Between 1 October 1992 and the date mentioned in the first paragraph, such appointments shall be made and such status or privileges shall be granted or renewed in accordance with the rules which were applicable to the institution before 1 October 1992.

1992, c. 21, s. 68.

619.18. Every request for consultation made to a regional council pursuant to section 72 of the Act respecting health services and social services is deemed to be a request for advice presented to a regional board in accordance with section 260.

The reply given by a regional council before 1 October 1992 to a request for consultation is deemed to be the advice given by the regional board under section 260.

1992, c. 21, s. 68.

619.19. The instrument by which the Conseil du trésor delegates certain of its powers to the Minister of Health and Social Services in accordance with decision C.T. 168454 dated 24 August 1988, made under section 73.1 of the Act respecting health services and social services, has the same force and effect as a deed of delegation under section 261.

1992, c. 21, s. 68.

619.20. Any request for authorization presented to a regional council under the second or third paragraph of section 72 of the Act respecting health services and social services is deemed to be a request for authorization presented to a regional board in accordance with section 263.

1992, c. 21, s. 68.

619.21. The provisions of sections 268 to 273 apply only from 1 April 1993 or from any later date determined by the Government. Until that date, the matters governed by those sections remain subject to the corresponding provisions, if any, of the Act respecting health services and social services and its statutory instruments.

1992, c. 21, s. 68.

619.22. The provisions of section 277 do not apply to a gift made to a person mentioned in that section prior to 1 October 1992 or to a legacy having the same effect contained in a will that is valid prior to that date.

1992, c. 21, s. 68.

619.23. The provisions of sections 278 to 280, 282 to 300, 350, 351, 386 to 395, 463 to 467, 475 and 476 have effect with regard to the fiscal year beginning on 1 April 1993. Until that date or any later date determined by the Government, public institutions, private institutions under agreement and regional boards shall continue to be governed by the rules applicable to the financing of their activities and to their financial resources during the fiscal year beginning on 1 April 1992.

1992, c. 21, s. 68.

619.24. The provisions of Order 1103-87 dated 8 July 1987, under which each regional health and social services council constituted under the Act respecting health services and social services is entrusted with the responsibility of exercising, within its territory, the functions relating to the administration and the financing of certain capital expenditures as well as expenses incurred for equipment by the institutions of the health and social services network of Québec, described in the schedule attached to that Order, shall retain their effects, but the functions described therein shall be exercised by each of the regional boards referred to in section 554 until the fourth paragraph of section 350 applies fully.

1992, c. 21, s. 68.

619.25. The provisions of the Act respecting health services and social services shall continue to apply to borrowings made before 1 October 1992 by an institution, a regional council or the Corporation d’hébergement du Québec to the extent that those provisions applied thereto before the amendments introduced by this Act, until the borrowings are repaid.

1992, c. 21, s. 68.

619.26. Any contract or agreement entered into under section 176 or 177 of the Act respecting health services and social services is deemed to be an agreement entered into under section 475, and any act performed pursuant to such a contract or agreement is deemed to have been performed pursuant to an agreement entered into in accordance with that section.

1992, c. 21, s. 68.

619.27. Until 1 April 1994 or any later date determined by the Government, the following provisions shall apply with regard to intermediate resources governed by this Act:

(1)  Only those public institutions which, on 1 October 1992, already maintain a pavilion, group home or other resource in accordance with the applicable provisions of the Act respecting health services and social services, as well as any public institutions to which the responsibility for maintaining such resources is transferred, are deemed to be governed by section 301.

(2)  Only the resources mentioned in subparagraph 1 are deemed to be intermediate resources for the purposes of section 302.

(3)  The rules governing the organization and operation of the resources mentioned in subparagraph 1, the rules relating to the remuneration paid to them and the procedure of admission to their services shall continue to be applicable to them and be in lieu of any particular or measure provided for in sections 303 to 306.

Until 1 April 1993 or any later date determined by the Government, the following provisions shall apply with regard to family-type resources governed by this Act:

(1)  No public institution, other than an institution operating a child and youth protection centre, may be identified by a regional board to call upon the services of a family-type resource for the placement of adults under section 310 where the personnel required to assure the professional follow-up of that resource remains attached to the institution operating the child and youth protection centre.

(2)  Every foster family within the meaning of the Act respecting health services and social services is deemed to be a family-type resource governed by section 311. Where such a foster family takes charge of adults, it shall be designated a “foster home” in accordance with the second paragraph of section 312.

(3)  The categories of foster families, the rules relating to the scales of compensation paid to them, the rules governing their relation with social service centres and the procedure of access to foster family services under the Act respecting health services and social services shall remain applicable to family-type resources and, for the purposes of section 314, shall be in lieu of any particular or measure provided for in sections 303 to 306.

1992, c. 21, s. 68.

619.28. The provisions of sections 336 to 338 have effect with regard to the fiscal year beginning on 1 April 1994. Until that date or any later date determined by the Government, community bodies shall continue to be governed by the rules applicable to the financing of their activities during the fiscal year beginning on 1 April 1992 and the rules applicable for the fiscal year 1993-94.

1992, c. 21, s. 68.

619.29. The program of access to health services and social services in the English language for the English-speaking population prepared by a regional council in accordance with section 18.0.1 of the Act respecting health services and social services is deemed to be the program that a regional board must develop for the purposes of section 348, and it shall continue to apply until revised in accordance with that section.

Every institution to which are transferred some or all of the services which an institution mentioned in such a program was bound to make accessible in the English language for the English-speaking population shall continue to maintain access to those services as if it had been mentioned in the program until the program is revised.

The Government shall fix the date from which a regional board must undertake the revision of such a program in accordance with the said section.

1992, c. 21, s. 68.

619.30. The regional systems for the admission of beneficiaries established under section 18.1 of the Act respecting health services and social services, and the criteria for the admission of beneficiaries approved in accordance with that section shall remain in force in the territories and with regard to the institutions for which they were established or approved until replaced by mechanisms of access to services created in accordance with section 355 or by criteria of access to services approved in accordance with section 356.

1992, c. 21, s. 68.

619.31. Every institution referred to in section 359 must, not later than 1 April 1993, submit its admission criteria and its policies on the transfer of users to its regional board for approval, in accordance with paragraph 1 of that section.

The admission criteria and the policies on the transfer of users established by the Conseil de la santé et des services sociaux de la région de Montréal Métropolitain pursuant to section 18.3 of the Act respecting health services and social services shall however remain in force in the territory for which they were established until the approval of new criteria and new policies in accordance with the first paragraph.

1992, c. 21, s. 68.

619.32. Notwithstanding any inconsistent provision of this Act, any institution operating a hospital centre where a community health department is established in accordance with a regulation made pursuant to subparagraph i.6 of the first paragraph of section 173 of the Act respecting health services and social services shall continue to maintain that department for the territory in which it has jurisdiction; the relevant provisions of that Act and its statutory instruments shall continue to have effect in relation to the functions exercised by the department and by the head of the department as though they were provisions adopted under this Act, until 1 April 1993 or, if the regional board whose territory intersects the territory of any institution having a community health department is not in a position to assume, on that date, those of its functions which relate to public health through the implementation of a service organization plan for such matters, until any later date determined by the Government.

1992, c. 21, s. 68.

619.33. During the period determined in section 619.32, the part of the operating budget of any institution to which that section applies that is allotted to the functions of the community health department shall be protected; during that period, no program established for the department may be modified and no employee or health professional attached to the department may be reassigned or transferred by the institution except with the authorization of the regional board concerned.

1992, c. 21, s. 68.

619.34. In any regulation, order in council, order, contract or other document, the expressions “community health department”, “head of the community health department”, and “hospital centre having a community health department” shall designate the “public health director” or the “regional board” as the case may be or, where the context indicates otherwise, any other person designated by the Government.

1992, c. 21, s. 68.

619.35. The regional medical and dental staffing plan of the institutions of a region prepared by a regional council in accordance with section 70.0.2 of the Act respecting health services and social services is deemed to be the medical staffing plan which a regional board must prepare for the purposes of section 377, and shall continue to apply until revised in accordance with that section.

The Government shall fix the date from which a regional board must undertake the revision of its plan in accordance with that section.

1992, c. 21, s. 68.

619.36. Every non-profit legal person established before 1 October 1992 which, at that date, continues to represent the institutions of the region of a regional board in managing the procurement of goods and services, shall be subject to the provisions of the fourth paragraph of section 383 without further formality.

1992, c. 21, s. 68; 1996, c. 36, s. 51.

619.37. The by-laws of a regional council creating the necessary committees for the pursuit of its objects pursuant to section 17 of the Act respecting health services and social services shall retain their effect wherever expedient. Where necessary, such by-laws are deemed to have been made pursuant to section 412. They shall remain in force in the territory for which they were made until amended, repealed or replaced by the regional board.

1992, c. 21, s. 68.

619.38. Any permit issued to an institution in accordance with the Act respecting health services and social services shall remain valid until its expiry date. On that date, it must be renewed in accordance with this Act.

Any appeal brought before the Commission des affaires sociales under section 148 of the Act respecting health services and social services shall be continued in accordance with section 450.

1992, c. 21, s. 68.

619.39. The provisional administration of an institution or regional council assumed by the Minister in accordance with section 163 or 163.1 of the Act respecting health services and social services shall continue to be exercised in accordance with the provisions of sections 490 to 498.

Any investigator, administrator or controller designated by the Government in accordance with section 171 or 172 of the Act respecting health services and social services is deemed to have been designated pursuant to section 499, 500 or 501, as the case may be. He shall continue to perform his duties in accordance with the relevant provisions of this Act.

1992, c. 21, s. 68.

619.40. Government orders made under section 3.1 of the Act respecting health services and social services are deemed to have been made under section 503 or 504 and shall remain valid until they have fulfilled their purpose or until they are replaced.

Any contract entered into pursuant to such orders shall remain valid and the penal clauses it contains may be executed.

1992, c. 21, s. 68.

619.41. Subject to any special provisions enacted by this Act, all orders in council, orders or regulations made or decisions rendered by the Government, the Minister, or by another competent authority, pursuant to any provision of the Act respecting health services and social services, which are applicable to persons and bodies subject to this Act, shall remain applicable to those persons and bodies to the extent that they are compatible with this Act, until they are repealed in accordance with this Act or until new orders in council, orders or regulations are made or new decisions are rendered pursuant to the corresponding provisions of this Act.

The expression “regional council” or “regional health and social services council” as used in any text referred to in the first paragraph shall also designate a regional health and social services board established pursuant to this Act, unless otherwise indicated by context.

1992, c. 21, s. 68.

619.42. Any provisions of the statutory instruments of other Acts which are applicable to persons and bodies subject to this Act shall remain applicable to them to the extent that they are compatible with this Act, until they are amended to replace the expressions used in those instruments, with the necessary modifications, by the corresponding expressions of this Act.

1992, c. 21, s. 68.

619.43. As soon as possible after 1 October 1992, the competent authority concerned shall make any necessary regulation or by-law in order to ensure the concordance of the expressions used in the statutory instruments of the Acts which come under its jurisdiction.

A regulation made under this section is not subject to the publication requirements prescribed by section 8 of the Regulations Act (chapter R-18.1). It shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein, notwithstanding section 17 of the said Act. A regulation may, however, where it so provides, apply from any date not prior to 1 October 1992.

1992, c. 21, s. 68.

619.44. Every institution designated by a regulation made under the second paragraph of section 173 of the Act respecting health services and social services which is bound to make the health services and social services that it dispenses accessible in the English language to English-speaking persons is deemed to have been designated pursuant to section 508.

Every institution to which are transferred all or some of the services which an institution designated by such a regulation is bound to make accessible in the English language to English-speaking persons shall continue to maintain access to those services as if it had been mentioned in the program of access referred to in section 619.29.

1992, c. 21, s. 68.

619.45. The provisions of Order 636-87 dated 29 April 1987 under which the Minister of Manpower, Income Security and Vocational Training exercises, under the direction of the Minister of Health and Social Services, those of the latter’s functions which arise from sections 159 to 162 of the Act respecting health services and social services in relation to the contribution of adults sheltered in a hospital centre or reception centre, shall also apply to those of the Minister’s functions which arise from sections 512 to 520.

1992, c. 21, s. 68.

619.46. For the purposes of the first paragraph of section 516, the calculation of the two-year period preceding the time when a user is provided with lodging or taken in charge may not begin before 23 June 1992.

1992, c. 21, s. 68.

619.47. With respect to the appointment of the first members of the Centre de référence des directeurs généraux et des cadres,

(1)  the words “representing the centres listed in section 79” in paragraph 1 of section 523 are replaced by the words “representing a majority of institutions belonging to the same category”;

(2)  the word “boards” in paragraph 5 of section 523 is replaced by the word “councils”.

1992, c. 21, s. 68.

619.48. Any institution operating a child and youth protection centre which, pursuant to the second paragraph of section 544, carries on a part of its activities in a region in which it does not otherwise have jurisdiction must, when a new institution is established in accordance with section 318 to operate a child and youth protection centre in that region, cease to carry on any function in that region once the new institution is in a position to provide the services required in that region without interruption.

1992, c. 21, s. 68.

619.49. The new institution, together with the continued institution referred to in section 544, shall establish a plan for the apportionment of the rights and obligations of the latter, as well as a plan for the transfer and integration of the personnel assigned to the functions which will devolve upon the new institution, in conformity with the transfer and integration standards and procedure contained in the applicable collective agreements or, in the case of personnel members who are not members of a certified association, those prescribed by government regulation; the plans shall be submitted to the Minister for approval.

1992, c. 21, s. 68.

619.50. The Minister shall ensure that the institutions concerned receive the necessary information and assistance for the implementation and execution of the plans referred to in section 619.49.

He shall rule on any dispute between the institutions concerned, except disputes relating to the transfer and integration of employees who are members of a certified association within the meaning of the Labour Code (chapter C-27) or of employees for whom a government regulation already provides a specific recourse.

1992, c. 21, s. 68.

619.51. On the date determined by the parties or, failing which, on the date fixed by the Minister, the rights and obligations of the institution referred to in section 544 shall become the rights and obligations of the new institution to the extent provided for in the plan for the apportionment of the rights and obligations established pursuant to section 619.49, and the acts performed by the institution referred to in section 544 shall bind the new institution as if it had performed them itself. Any proceedings to which the institution referred to in section 544 is a party may be continued without continuance of suit.

On the same date, the employees of the institution referred to in section 544 shall become the employees of the new institution, in accordance with the transfer and integration plan established for that purpose, subject to the rights and obligations of the institution referred to in section 544 and its employees, and subject to the provisions of the Labour Code (chapter C-27) in respect of employees within the meaning of that Code and the associations certified to represent them.

1992, c. 21, s. 68.

619.52. In the three months following the date determined under section 619.51, the personnel of the new institution shall elect one of their number to the board of directors which administers the institution, pursuant to paragraph 2 of section 130, failing which the regional board shall make the appointment.

The term of office of the person elected or appointed pursuant to this section shall end, notwithstanding section 149, at the same time as the term of the other persons referred to in paragraph 2 of section 130.

1992, c. 21, s. 68.

619.53. All ministerial authorizations granted under the second paragraph of section 76 of the Act respecting health services and social services shall retain their effect where they still serve a purpose. Where they still serve a purpose, such authorizations are deemed to have been granted under section 553.

1992, c. 21, s. 68.

619.54. For the purposes of sections 619.55 to 619.60, the expression “regional board” shall designate a regional board which, pursuant to sections 554 and 555, carries on a part of its activities in respect of a territory in which it does not otherwise have jurisdiction, and the expression “new regional board” shall designate the regional board established for that territory pursuant to section 339.

1992, c. 21, s. 68.

619.55. A regional board must cease to carry on its functions in respect of a territory in which it does not otherwise have jurisdiction as soon as the new regional board is in a position to provide the services required in its region without interruption.

1992, c. 21, s. 68.

619.56. The board of directors of the new regional board is entrusted with taking the necessary preliminary steps required for the organization and operation of that board in its territory from 1 April 1993 or, failing which, as soon as possible after that date.

The board may, for that purpose, request assistance from the personnel of the regional board; it must, however, obtain its authorization.

1992, c. 21, s. 68.

619.57. The new regional board shall establish with the regional board a plan for the apportionment of the rights and obligations of the latter and a plan for the transfer and integration of the personnel of the regional board who were assigned to the functions which will devolve upon the new regional board, in conformity with the transfer and integration standards and procedure set out in the applicable collective agreements or, in the case of personnel members who are not members of a certified association, those prescribed by government regulation; the plans shall be submitted to the Minister for approval.

1992, c. 21, s. 68.

619.58. No valid obligation may be contracted by the regional board concerning functions which will devolve upon the new regional board if its effect continues beyond the date fixed pursuant to section 619.56 or if it takes effect after that date, except with the authorization of the new regional board.

During the period referred to in the first paragraph, the regional board must, each time it is bound to obtain the Minister’s authorization in a matter concerning all or some of the functions which will devolve upon the new regional board, forward to the new regional board a copy of the request for authorization; the new regional board may make any recommendation it considers appropriate in that respect to the Minister.

1992, c. 21, s. 68.

619.59. The Minister shall ensure that the regional boards concerned receive the information and assistance necessary for the implementation and execution of the plans established under section 619.57.

He shall rule on any dispute between the regional boards concerned, except disputes relating to the transfer and integration of employees who are members of a certified association within the meaning of the Labour Code (chapter C-27) or of employees for whom a government regulation already provides a specific recourse.

1992, c. 21, s. 68.

619.60. On 1 April 1993, or, failing which, on the date fixed by the Minister, the rights and obligations of the regional board shall become the rights and obligations of the new regional board to the extent provided for in the plan for the apportionment of the rights and obligations established pursuant to section 619.57, and, subject to the first paragraph of section 619.58, the acts performed by the regional board shall bind the new regional board as if it had performed them itself. Any proceedings to which the regional board is a party may be continued without continuance of suit.

On the same date, the employees of the regional board shall become the employees of the new regional board in accordance with the transfer and integration plan established for that purpose, subject to the rights and obligations of the regional board and its employees, and, with regard to those who are employees within the meaning of the Labour Code (chapter C-27) and the associations certified to represent them, subject to the provisions of the said Code.

1992, c. 21, s. 68.

619.61. Every regional board has an obligation to hire, according to the conditions and procedure determined by the Minister, the employees whose functions are transferred to a regional board and to grant priority of employment to any person affected by the reorganization of the Ministère de la Santé et des Services sociaux who submits an application to the regional board and possesses the necessary qualifications required for filling an available position.

These obligations shall take effect on the date determined by the Minister and shall remain in force until compulsory and priority hiring activities have been completed.

1992, c. 21, s. 68.

619.62. The Minister shall determine by regulation the conditions governing the transfer of non-union employees of the department who are hired by regional boards, and the conditions governing the transfer of union employees whose functions are not transferred to regional boards.

1992, c. 21, s. 68.

619.63. Any employee contemplated in section 619.61 may apply for a transfer to a position in the public service or may enter a competition for promotion to such a position pursuant to the Public Service Act (chapter F-3.1.1). Section 35 of that Act applies to an employee who enters such a competition for promotion.

1992, c. 21, s. 68.

619.64. Where an employee contemplated in section 619.61 applies for a transfer or enters a competition for promotion, he may apply to the chairman of the Conseil du trésor for an opinion on the classification that would be assigned to him in the public service. The opinion must take into account the classification held by the employee in the public service on the date of his departure and the experience and training acquired since being employed by the regional board.

In cases where an employee is transferred pursuant to section 619.63, the deputy minister or the chief executive officer shall establish his classification in conformity with the opinion referred to in the first paragraph.

In cases where an employee is promoted pursuant to section 619.63, his classification must take into account the criteria set out in the first paragraph.

1992, c. 21, s. 68; 1996, c. 35, s. 19.

619.65. Where the regional board ceases all or some of its activities or where there is a lack of work, any employee contemplated in section 619.61 is entitled to be placed on reserve in the public service with the classification he held before his date of departure.

In such cases, the chairman of the Conseil du trésor shall, where appropriate, establish a classification for the employee, taking into account the criteria set out in the first paragraph of section 619.64.

1992, c. 21, s. 68; 1996, c. 35, s. 19.

619.66. Any person placed on reserve pursuant to section 619.65 shall remain an employee of the regional board until he is placed by the chairman of the Conseil du trésor.

1992, c. 21, s. 68; 1996, c. 35, s. 19.

619.67. Subject to any recourse which may exist under a collective agreement, any employee contemplated in section 619.61 who is dismissed may appeal therefrom in accordance with section 33 of the Public Service Act (chapter F-3.1.1).

1992, c. 21, s. 68.

619.68. The privileges granted under sections 619.63 to 619.67 do not apply to temporary employees of the department.

The privileges may be exercised by a permanent employee only if he has worked for a regional board on a continuous basis.

1992, c. 21, s. 68.

619.69. Where the employment contract of the executive director of an institution contemplated in section 614 or of a regional board contemplated in section 614.1 expires before 1 April 1993, the board of directors may renew it for a period not exceeding three years.

Where an employment contract expires after that date, the board of directors may renew it only if the Centre de référence des directeurs généraux et des cadres attests that the executive director meets the necessary requirements for holding his position as established at the time the classification of the position is determined.

Notwithstanding the third paragraph of sections 193 and 414, no classification resulting from the procedure of re-evaluation of the classification of all positions of executive director, undertaken by the department before 23 June 1992, may be taken into account for the purposes of this section.

1992, c. 21, s. 68.

619.70. On the date of expiry of the employment contract of an executive director contemplated in section 614.2 or 614.3, the board of directors of the institution or the regional board, as the case may be, may renew that contract only if the Centre de référence des directeurs généraux et des cadres attests that he is qualified.

1992, c. 21, s. 68.

619.71. The Government may, by regulation, adopt any other transitional provision allowing omissions to be corrected in order to ensure the application of this Act within the territory of any regional board established pursuant to section 339 not later than 1 April 1993 or on the date determined by the Government.

A regulation made under this section is not subject to the publication requirements prescribed by section 8 of the Regulations Act (chapter R-18.1). It shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein, notwithstanding section 17 of the said Act. A regulation may, however, where it so provides, apply from any date not prior to 23 June 1992.

1992, c. 21, s. 68.

619.72. Sections 619.1 to 619.3, 619.8 and 619.9, the first paragraph of section 619.10, the second paragraph of section 619.11, the first paragraph of section 619.12, sections 619.13 to 619.25, sections 619.27, 619.28 and 619.30, the first paragraph of section 619.31 and sections 619.35, 619.37 to 619.39, 619.41 to 619.43, 619.46 and 619.71 apply to the institutions referred to in section 530.1 and to the regional board established under section 530.25, with the necessary modifications, including the following:

(1)  “Act respecting health services and social services (chapter S-4.2)” becomes “Act respecting health services and social services for Cree and Inuit Native persons (chapter S-5)”;

(2)  “1 April 1992” becomes “the preceding 1 April”;

(3)  “14 May 1992” becomes “5 May 1994”;

(4)  “23 June 1992” becomes “17 June 1994”;

(5)  “1 October 1992” becomes “(insert here the date fixed by the Government under the second paragraph)”;

(6)  “1 April 1993” becomes “(insert here the date occurring six months after the date fixed by the Government under the second paragraph)”, except in section 619.23 where it becomes “(insert here the date of the first 1 April occurring after the date fixed by the Government under the second paragraph)”;

(7)  “Until 1 April 1994 or any later date” in the first paragraph of section 619.27 becomes “Until the date”;

(8)  “Until 1 April 1993 or any later date” in the second paragraph of section 619.27 becomes “Until the date”;

(9)  “1 April 1994” and “1 April 1992 and the rules applicable for the fiscal year 1993-94” in section 619.28 become “(insert here the date of the first 1 April occurring after the date fixed by the Government under the second paragraph)” and “the preceding 1 April”, respectively.

The Government shall fix, for each of the above provisions, the date or dates on which it becomes applicable to the said institutions and regional board.

1994, c. 23, s. 6.

For the dates of application of the provisions of section 619.72 of the Act respecting health services and social services (chapter S-4.2), see Order in Council 587-95 dated 26 April 1995, (1995) 127 G.O. 2, 1347.

619.73. All orders in council, regulations and by-laws made, and all decisions rendered, by the Government, the Minister or another competent authority pursuant to any provision of this Act apply, to the extent that they are not incompatible with the provisions of Part IV.1, in the territory governed by that Part, from 1 May 1995.

1994, c. 23, s. 6.

CHAPTER III FINAL PROVISIONS

620. This Act replaces the Act respecting health services and social services (chapter S-5) except to the extent that it applies to the territory of the Cree Board of Health and Social Services of James Bay and except to the extent that it concerns the emergency pre-hospitalization service contemplated in Division VI.1.

1991, c. 42, s. 620; 1992, c. 21, s. 69; 1993, c. 58, s. 2.

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

1991, c. 42, s. 621.

The Minister of Health and Social Services is authorized to delegate to the Régie de l’assurance maladie du Québec the exercise of functions related to the contribution of adults sheltered in a facility maintained by a public or private institution under agreement within the meaning of this Act and that are conferred on the Minister by this Act and the relevant regulations made thereunder. Order in Council 520-99 dated 5 May 1999, (1999) 131 G.O. 2 (French), 2082.

The Minister responsible for Government Administration and Chair of the Conseil du trésor assumes responsibility for developing and coordinating a global collective negotiation strategy for the government administration. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

The Minister responsible for Social Services exercises the functions and responsibilities of the Minister of Health and Social Services in respect of intermediate resources and family-type resources, in particular those prescribed by Division V of Chapter III of Title I of Part II, community activities, in particular those prescribed by sections 334 to 338.1 and homelessness services, in particular those prescribed by section 478 provided for in this Act. Order in Council 1652-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6520.

The Minister Responsible for Seniors exercises the responsabilities of the private seniors’ residence, in particular the application of sections 346.0.1 to 346.0.20.5 provided for in this Act. Order in Council 785-2023 dated 10 May 2023, (2023) 155 G.O. 2 (French), 1955.

622. (Omitted).

1991, c. 42, s. 622.

SCHEDULE I

Oath

I declare under oath that I will fulfil the duties of my office 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.

2001, c. 43, s. 68.

SCHEDULE II

(Sections 520.3.6 and 520.3.7)

Oath

I declare under oath

(1) that I will fulfil the duties of identity verification agent with honesty, impartiality and justice, in conformity with the law and, more specifically, with my instrument of appointment;

(2) that I will not receive any sum of money or consideration for what I have done or may do in the performance of my duties, other than the allowance or salary to which I am entitled;

(3) that I will not reveal or disclose, without being authorized by law, any confidential information that may come to my knowledge in the performance of my duties.

2005, c. 32, s. 223.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 42 of the statutes of 1991, in force on 1 March 1992, is repealed, except section 622, effective from the coming into force of chapter S-4.2 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 108, 110 to 118, 148, 160 to 164, 166 to 172, paragraphs 2 to 5 of section 173, sections 174 to 192, 194 to 213, paragraphs 1 to 6, subparagraphs a to c of paragraph 7 and paragraphs 8 to 11 of the first paragraph, the second, third and fourth paragraphs of section 214, sections 215 to 258, 260 to 338, 340, 343 to 359, 367, 368, subparagraphs 1, 2 and 4 of the first paragraph and the second paragraph of section 369, sections 370 to 396, the first paragraph and subparagraphs 1, 2 and 4 of the second paragraph of section 405, sections 406 to 413, 415 to 417, paragraphs 3 and 4 of section 419, sections 431 to 482, 484 to 504, 508 to 520, 531 to 555, 559, 560, 569, paragraph 2 of section 571, section 572, paragraph 1 of section 574, sections 577, 578, paragraphs 1 to 3 of section 581, sections 583, 588, 590, 592, 594 and 620 of chapter 42 of the statutes of 1991, in force on 1 March 1993, are repealed effective from the coming into force of the updating to 1 March 1993 of chapter S-4.2 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 109, subparagraph d of paragraph 7 of the first paragraph of section 214, the first sentence of section 259, the first paragraph of section 360, sections 361 to 366, paragraph 3 of the first paragraph of section 369, sections 564 to 566, 568, paragraphs 5 and 6 of section 581 and sections 582 and 584 of chapter 42 of the statutes of 1991, in force on 1 September 1993, are repealed effective from the coming into force of the updating to 1 September 1993 of chapter S-4.2 of the Revised Statutes.