l-0.2 - Act respecting medical laboratories and organ and tissue conservation

Updated to 5 August 2010

This document has official status.

chapter L-0.2

Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies

This Act was formerly entitled: “Public Health Protection Act”. The title of the Act was replaced by section 149 of chapter 60 of the statutes of 2001.

2001, c. 60, s. 149; 2002, c. 69, s. 132; 2009, c. 30, s. 51.

DIVISION I INTRODUCTION

1. In this Act, unless the context indicates a different meaning, the expressions and words:

(a)  “hospital centre” means a hospital centre governed by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5);

(a.1)  “local community service centre” means a local community service centre governed by the Act respecting health services and social services or by the Act respecting health services and social services for Cree Native persons;

(a.2)  “regional council” means a health and social service council established under the Act respecting health services and social services for Cree Native persons;

(a.3)  “institution” means an institution governed by the Act respecting health services and social services or by the Act respecting health services and social services for Cree Native persons;

(b)  “laboratory” means a medical imaging laboratory within the meaning of section 30.1 as well as a laboratory included in one of the categories determined by regulation and which is a place outside a facility maintained by an institution equipped for manufacturing or repairing ortheses or prosthetic devices, making medical biology examinations, particularly in the fields of biochemistry, heamatology, bacteriology, immunology, histopathology and virology, for making radioisotope or radiology examinations for purposes of prevention, diagnosis and treatment of disease in humans, or for making examinations in the fields of toxicology, audiology and the physiology of respiration;

(c)  “Minister” means the Minister of Health and Social Services;

(d)  “reportable disease” means an infection, intoxication or disease that must be reported to the national public health director or a public health director under Chapter VIII of the Public Health Act (chapter S-2.2)

(e)  (subparagraph repealed);

(f)  (subparagraph repealed);

(g)  (subparagraph repealed);

(g.1)  “agency” means a health and social services agency referred to in the Act respecting health services and social services and the institution to which Part IV.2 of that Act applies;

(h)  “regulation” means any regulation made under this Act by the Government;

(i)  (subparagraph repealed);

(j)  “deceased person” means the body of a deceased person or of a stillborn child or a foetus;

(k)  (subparagraph repealed);

(l)  (subparagraph repealed);

(m)  “organ and tissue bank” means a place outside a facility maintained by an institution operating a hospital centre equipped for keeping organs or tissues taken from human bodies, in view of the utilization of such organs or tissues for medical or scientific purposes;

(m.1)  (subparagraph repealed);

(n)  “prosthesis” means a device intended to replace to whole or part of an organ or member of a human being;

(o)  “orthesis” means a device fitted to a human being and intended to ensure the proper functioning of one of his members or organs or to restore proper functioning, make up for the limitations or improve the physiological capacity of one of his members or organs that has ceased to function, has never become fully developed or suffers from a congenital abnormality;

(p)  “police department” means a municipal police department or the Sûreté du Québec.

A laboratory within the meaning of subparagraph b of the first paragraph includes and has always included a professional’s private consulting office, as defined in the Act respecting health services and social services for Cree Native persons in which equipment is used to exercise any of the activities mentioned in the said subparagraph. A laboratory within the meaning of the said subparagraph also includes a private health facility within the meaning of the Act respecting health services and social services in which equipment is used to carry on any of the activities mentioned in the said subparagraph.

1972, c. 42, s. 1; 1975, c. 63, s. 1; 1977, c. 5, s. 14; 1977, c. 47, s. 1; 1979, c. 63, s. 297; 1981, c. 22, s. 103; 1982, c. 58, s. 64; 1984, c. 27, s. 81; 1985, c. 23, s. 24; 1989, c. 58, s. 1; 1992, c. 21, s. 240, s. 375; 1994, c. 23, s. 23; 1997, c. 77, s. 1; 1998, c. 39, s. 185; 2000, c. 56, s. 185; 2001, c. 60, s. 150; 2002, c. 69, s. 133; 2005, c. 32, s. 308; 2008, c. 28, s. 1; 2009, c. 30, s. 52.

DIVISION II OBJECT OF THE ACT

2. The Minister of Health and Social Services shall be entrusted with the application of this Act. His functions shall be:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  to assure the access of the population to the services provided for by this Act and to analyze the use of such services;

(d)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  to issue permits in accordance with this Act.

1972, c. 42, s. 2; 1981, c. 22, s. 104; 1984, c. 47, s. 114; 1985, c. 23, s. 24; 1988, c. 47, s. 4; 1992, c. 21, s. 241, s. 375; 2001, c. 60, s. 151; 2002, c. 69, s. 134.

2.1. (Repealed).

2002, c. 69, s. 135.

3. (Repealed).

1972, c. 42, s. 3; 1987, c. 68, s. 97.

DIVISION III

Repealed, 2001, c. 60, s. 152.

2001, c. 60, s. 152.

4. (Repealed).

1972, c. 42, s. 4; 1973, c. 46, s. 49; 1977, c. 5, s. 229; 2001, c. 60, s. 152.

5. (Repealed).

1972, c. 42, s. 5; 1981, c. 22, s. 105; 1992, c. 21, s. 243; 1996, c. 2, s. 781; 2001, c. 60, s. 152.

6. (Repealed).

1972, c. 42, s. 6; 1981, c. 22, s. 106; 2001, c. 60, s. 152.

7. (Repealed).

1972, c. 42, s. 7; 2001, c. 60, s. 152.

8. (Repealed).

1972, c. 42, s. 8; 1973, c. 46, s. 49; 1977, c. 5, s. 229; 2001, c. 60, s. 152.

9. (Repealed).

1972, c. 42, s. 9; 2001, c. 60, s. 152.

10. (Repealed).

1972, c. 42, s. 10; 1973, c. 46, s. 49; 1977, c. 5, s. 229; 1992, c. 21, s. 244; 2001, c. 60, s. 152.

11. (Repealed).

1972, c. 42, s. 11; 1992, c. 21, s. 245, s. 375; 2001, c. 60, s. 152.

12. (Repealed).

1972, c. 42, s. 12; 1977, c. 20, s. 138; 1986, c. 95, s. 252; 1988, c. 21, s. 120; 1992, c. 21, s. 246, s. 375; 2001, c. 60, s. 152.

13. (Repealed).

1972, c. 42, s. 13; 1999, c. 40, s. 227; 2001, c. 60, s. 152.

14. (Repealed).

1972, c. 42, s. 14; 2001, c. 60, s. 152.

15. (Repealed).

1972, c. 42, s. 15; 1986, c. 95, s. 253.

16. (Repealed).

1972, c. 42, s. 16; 2001, c. 60, s. 152.

DIVISION III.1

Repealed, 2001, c. 60, s. 152.

2001, c. 60, s. 152.

16.1. (Repealed).

1985, c. 23, s. 18; 1999, c. 40, s. 227; 2001, c. 60, s. 152.

16.2. (Repealed).

1985, c. 23, s. 18; 1999, c. 40, s. 227; 2001, c. 60, s. 152.

16.3. (Repealed).

1985, c. 23, s. 18; 2001, c. 60, s. 152.

16.4. (Repealed).

1985, c. 23, s. 18; 1999, c. 40, s. 227; 2001, c. 60, s. 152.

16.5. (Repealed).

1985, c. 23, s. 18; 1999, c. 40, s. 227; 2001, c. 60, s. 152.

16.6. (Repealed).

1985, c. 23, s. 18; 1999, c. 40, s. 227; 2001, c. 60, s. 152.

16.7. (Repealed).

1985, c. 23, s. 18; 1997, c. 43, s. 455; 2001, c. 60, s. 152.

16.8. (Repealed).

1985, c. 23, s. 18; 1997, c. 43, s. 456; 2001, c. 60, s. 152.

16.9. (Repealed).

1985, c. 23, s. 18; 2001, c. 60, s. 152.

16.10. (Repealed).

1987, c. 89, s. 1; 2001, c. 60, s. 152.

16.11. (Repealed).

1987, c. 89, s. 1; 2001, c. 60, s. 152.

DIVISION IV

Repealed, 2001, c. 60, s. 152.

2001, c. 60, s. 152.

17. (Repealed).

1972, c. 42, s. 17; 2001, c. 60, s. 152.

18. (Repealed).

1972, c. 42, s. 18; 1992, c. 21, s. 375; 1996, c. 2, s. 782; 2001, c. 60, s. 152.

19. (Repealed).

1972, c. 42, s. 19; 2001, c. 60, s. 152.

20. (Repealed).

1972, c. 42, s. 20; 1977, c. 5, s. 14; 1992, c. 21, s. 375; 2001, c. 60, s. 152.

21. (Repealed).

1972, c. 42, s. 21; 2001, c. 60, s. 152.

22. (Repealed).

1972, c. 42, s. 22; 2001, c. 60, s. 152.

23. (Repealed).

1972, c. 42, s. 23; 2001, c. 60, s. 152.

24. (Repealed).

1972, c. 42, s. 24; 2001, c. 60, s. 152.

DIVISION IV.1

Repealed, 2009, c. 45, s. 7.

2001, c. 37, s. 1; 2009, c. 45, s. 7.

24.1. (Repealed).

2001, c. 37, s. 1; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 3, s. 35; 2009, c. 26, s. 109; 2009, c. 45, s. 7.

24.2. (Repealed).

2001, c. 37, s. 1; 2006, c. 3, s. 35; 2009, c. 45, s. 7.

24.3. (Repealed).

2001, c. 37, s. 1; 2009, c. 45, s. 7.

24.4. (Repealed).

2001, c. 37, s. 1; 2009, c. 45, s. 7.

24.5. (Repealed).

2001, c. 37, s. 1; 2009, c. 45, s. 7.

24.6. (Repealed).

2001, c. 37, s. 1; 2009, c. 45, s. 7.

DIVISION V

Repealed, 2001, c. 60, s. 152.

2001, c. 60, s. 152.

25. (Repealed).

1975, c. 63, s. 2 (part); 2001, c. 60, s. 152.

26. (Repealed).

1975, c. 63, s. 2; 2001, c. 60, s. 152.

27. (Repealed).

1975, c. 63, s. 2; 2001, c. 60, s. 152.

28. (Repealed).

1975, c. 63, s. 2; 2001, c. 60, s. 152.

29. (Repealed).

1975, c. 63, s. 2; 2001, c. 60, s. 152.

30. (Repealed).

1975, c. 63, s. 2; 1999, c. 40, s. 227; 2001, c. 60, s. 152.

DIVISION V.1 MEDICAL IMAGING LABORATORY

2008, c. 28, s. 2.

30.1. In this Act, “medical imaging laboratory” means a place, outside a facility maintained by an institution, that is equipped to allow one or more radiologists to carry out various types of medical imaging examinations determined by government regulation using diagnostic radiology or magnetic resonance imaging for the purposes of prevention and diagnosis.

2008, c. 28, s. 2; 2009, c. 29, s. 19.

30.2. Only a physician who holds a specialist’s certificate in diagnostic radiology issued by the Collège des médecins du Québec may operate a medical imaging laboratory. If the physician acts for the benefit of an association, all the members of the association must hold such a certificate. If the physician acts for the benefit of a legal person or a partnership, more than 50% of the voting rights attached to the shares of the legal person or the interests in the partnership must be held

(1)  by physicians holding such a certificate;

(2)  by a legal person or a partnership all of whose voting rights attached to the shares or interests are held

(a)  by physicians described in subparagraph 1; or

(b)  by another legal person or partnership all of whose voting rights attached to the shares or interests are held by such physicians; or

(3)  both by physicians described in subparagraph 1 and by one or more legal persons or partnerships described in subparagraph 2.

The affairs of a legal person, partnership or association for which a medical imaging laboratory permit is issued must be administered by a board of directors or internal management board a majority of whose members are radiologists practising in the laboratory; such radiologists must at all times form the majority of the quorum of the board of directors or internal management board.

The shareholders of a legal person or the partners in a partnership for which a medical imaging laboratory permit is issued may not enter into an agreement that restricts the power of the directors of the legal person or the partnership.

2008, c. 28, s. 2; 2009, c. 29, s. 20.

30.3. A medical imaging laboratory must operate as either

(1)  a laboratory where only radiologists subject to an agreement entered into under section 19 of the Health Insurance Act (chapter A-29) practise; or

(2)  a laboratory where only non-participating radiologists within the meaning of that Act practise.

The operator of a medical imaging laboratory must ensure that the requirement of either subparagraph 1 or subparagraph 2 of the first paragraph is met.

2008, c. 28, s. 2.

30.4. Within three years after the permit required under section 31 is issued, the operator of a medical imaging laboratory must have the services provided in the laboratory accredited by an accreditation body recognized by the Minister. The accreditation must subsequently be maintained at all times.

2008, c. 28, s. 2.

30.4.1. The operator of a medical imaging laboratory must ensure that the medical imaging services provided in the laboratory meet generally recognized standards of quality and safety

2009, c. 29, s. 21.

30.5. The operator of a medical imaging laboratory must appoint a medical director. The medical director must be chosen from among the radiologists practising in the laboratory.

The medical director, under the authority of the operator, is responsible for

(1)  organizing the medical imaging services provided in the laboratory;

(2)  ensuring the quality and safety of those services;

(3)  seeing that standard medical procedures are established for all medical imaging examinations carried out in the laboratory and that the procedures are followed; and

(4)  taking any other measure necessary for the proper operation of the laboratory.

2008, c. 28, s. 2; 2009, c. 29, s. 22.

DIVISION VI PERMITS

31. With the exception of the Institut national de santé publique du Québec, no person may operate a laboratory or an organ and tissue bank unless he is the holder of a permit issued for that purpose by the Minister.

1972, c. 42, s. 25; 1975, c. 63, s. 3; 1977, c. 47, s. 2; 1982, c. 58, s. 65; 1984, c. 47, s. 116; 1988, c. 47, s. 6; 1992, c. 21, s. 247; 1994, c. 23, s. 23; 1998, c. 42, s. 46; 2002, c. 69, s. 136.

32. No person may practise embalming, cremation or thanatopraxy unless he holds a permit issued for that purpose by the Minister.

An institution may nevertheless practise cremation without holding a permit in cases determined by regulation.

1972, c. 42, s. 26; 1975, c. 63, s. 4; 1992, c. 21, s. 375.

33. No person may act as a funeral director or claim to be able to act as a funeral director unless he holds a permit issued for that purpose by the Minister.

1972, c. 42, s. 27.

34. A person who applies for a permit must send his application to the Minister. The application must be made in accordance with the conditions and procedures prescribed in the regulations made under section 69.

A person applying for a laboratory permit shall also mention in the application the place where the laboratory is to be located. If the application is for a medical imaging laboratory permit, the person shall also mention the types of medical imaging examinations using diagnostic radiology or magnetic resonance imaging that are to be carried out in the laboratory.

1972, c. 42, s. 28; 1977, c. 47, s. 3; 1981, c. 22, s. 107; 1984, c. 47, s. 117; 1985, c. 23, s. 19; 1988, c. 47, s. 7; 1992, c. 21, s. 248; 2002, c. 69, s. 137; 2009, c. 29, s. 23.

35. A permit indicates the kind of activities its holder is authorized to carry on.

A medical imaging laboratory permit must also state the types of medical imaging examinations using diagnostic radiology or magnetic resonance imaging that may be carried out in the laboratory.

1972, c. 42, s. 29; 1981, c. 22, s. 108; 1988, c. 47, s. 8; 1990, c. 55, s. 5; 2002, c. 69, s. 138; 2008, c. 28, s. 5; 2009, c. 29, s. 24.

36. Regardless of the number of permits in force or the number of applications for permits, the Minister shall issue the permit if the applicant fulfils the conditions and procedures determined by regulation and pays the duties prescribed by regulation.

He shall however issue a first permit to every person operating a laboratory on 17 April 1974.

Notwithstanding the first paragraph, the Minister may deny any application for a laboratory permit if he is of opinion that the needs of the region where the laboratory is to be located do not justify it.

1972, c. 42, s. 30; 1977, c. 47, s. 4; 1981, c. 22, s. 109; 1984, c. 47, s. 118; 1988, c. 47, s. 9; 1992, c. 21, s. 249; 2002, c. 69, s. 139.

37. A permit is granted for a period of 12 months ending on 31 December each year; it is renewed on that date for a year if its holder fulfils the conditions prescribed by regulation for the renewal of a permit.

1972, c. 42, s. 31; 1984, c. 47, s. 119; 2002, c. 69, s. 140.

38. A permit shall be issued in the name of a natural person, domiciled in Québec for at least 12 months, on his behalf or for a legal person, partnership or an association having its head office in Québec.

A legal person, partnership or association for which a permit is issued must ensure that the permit holder fulfils the obligations imposed by this Act or the regulations.

A person applying for a permit required under section 32 may be domiciled outside Québec but must be domiciled in Canada.

1972, c. 42, s. 32; 1975, c. 63, s. 5; 1999, c. 40, s. 227; 2009, c. 29, s. 25; 2009, c. 43, s. 6.

39. The person, partnership or association on whose behalf or for whom or which a permit is issued must keep the books and accounts prescribed by regulation.

1972, c. 42, s. 33; 1975, c. 63, s. 6; 1984, c. 47, s. 120; 1992, c. 21, s. 250; 1999, c. 40, s. 227; 2002, c. 69, s. 141.

39.1. The permit holder must carry on activities in accordance with the permit.

2009, c. 29, s. 26.

40. A permit shall not be assigned or transferred without the written permission of the Minister.

1972, c. 42, s. 34; 1975, c. 63, s. 7; 1984, c. 47, s. 121; 1992, c. 21, s. 251; 2002, c. 69, s. 142.

40.1. (Repealed).

1981, c. 22, s. 110; 1990, c. 55, s. 8; 1992, c. 21, s. 252; 2002, c. 69, s. 143; 2008, c. 28, s. 5.

40.2. (Repealed).

1981, c. 22, s. 110; 2002, c. 69, s. 144.

40.3. (Repealed).

2002, c. 69, s. 144.

40.3.1. (Repealed).

2002, c. 69, s. 144.

40.3.2. The Minister may suspend, revoke or refuse to renew the permit of any holder who

(a)  has been convicted of an offence under this Act or the regulations, or has been convicted of an indictable offence in connection with the operation of the service for which he holds a permit;

(b)  no longer fulfills the conditions required to obtain a permit;

(c)  is insolvent or about to become insolvent;

(d)  (subparagraph repealed);

(e)  does not comply with a voluntary undertaking made pursuant to section 40.3.4;

(f)  acts for the benefit of a legal person, partnership or association for which a permit is issued who fails to fulfil the obligations imposed by this Act or the regulations.

In addition, the Minister has the same powers with respect to the holder of a medical imaging laboratory permit that

(1)  does not have the services provided in the laboratory accredited within three years after the permit is issued or does not subsequently maintain the accreditation;

(2)  fails to fulfil, or whose medical director fails to fulfil, the obligations imposed by this Act or the regulations; or

(3)  fails to maintain control over the operation of the laboratory, for instance if the Minister ascertains that the holder or the legal person, partnership or association for whose benefit the holder acts is not the owner or lessee of the laboratory facilities, is not the employer of the personnel required for the operation of the laboratory or does not have the authority required to allow radiologists who apply to practise in the laboratory to do so.

The Minister shall, before making such a decision, 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.

If the permit is a laboratory permit, the Minister shall also mention in the notice that the prohibition against remuneration if a permit is suspended, cancelled or not renewed, set out in the second paragraph of section 22.0.0.0.1 of the Health Insurance Act (chapter A-29), applies. The notice may be sent to the physicians practising in the laboratory concerned. Similarly, a decision by the Minister to suspend, cancel or refuse to renew the permit must state that the prohibition against remuneration applies. The Minister shall send a copy of any such decision without delay to the Régie de l’assurance maladie du Québec, which, upon receiving it, shall inform the physicians practising in the laboratory concerned that the prohibition against their being remunerated applies. An operator whose permit is suspended, revoked or not renewed must immediately inform the clientele of the laboratory concerned of the fact.

1988, c. 47, s. 11; 1990, c. 4, s. 695; 1997, c. 43, s. 457; 2008, c. 28, s. 3; 2009, c. 29, s. 27.

40.3.3. (Repealed).

1988, c. 47, s. 11; 2008, c. 28, s. 4.

40.3.4. The Minister may, if he has reasonable cause to believe that the holder of a permit is contravening this Act or the regulations, accept his voluntary undertaking to comply therewith.

1988, c. 47, s. 11.

40.4. On the recommendation of the president of the Office de la protection du consommateur, the Minister may suspend, revoke or refuse to renew the funeral director’s permit of any person found guilty

(1)  of an offence against the Act respecting prearranged funeral services and sepultures (chapter A-23.001);

(2)  of an offence under section 278 of the Consumer Protection Act (chapter P-40.1) committed while the person was acting as a seller within the meaning of the Act mentioned in paragraph 1.

The Minister shall, before making such a decision, 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.

1987, c. 65, s. 89; 1988, c. 47, s. 12; 1997, c. 43, s. 458.

41. Any person whose permit is suspended or revoked or whose application for the renewal of his permit is refused may, within 60 days of notification of the decision, contest the decision of the Minister before the Administrative Tribunal of Québec.

1972, c. 42, s. 35; 1974, c. 39, s. 56; 1975, c. 63, s. 8; 1977, c. 5, s. 14; 1984, c. 47, s. 122; 1988, c. 47, s. 13; 1992, c. 21, s. 253; 1997, c. 43, s. 459; 2002, c. 69, s. 145.

DIVISION VII SPECIAL PROVISIONS

42. (Repealed).

1972, c. 42, s. 36; 1977, c. 72, s. 9; 1992, c. 21, s. 375; 1992, c. 57, s. 659.

43. An institution or a physician shall see that care or treatment is provided to every person in danger of death.

1972, c. 42, s. 37; 1977, c. 72, s. 9; 1992, c. 21, s. 375; 1992, c. 57, s. 660.

44. No person may present or allow the presentation, for other than educational or scientific purposes, of a show or exhibition in which the feeblemindedness or mental illness of a human being who personally appears in the show or exhibition is put on display or exploited, or act as organizer of such a show or exhibition.

1975, c. 63, s. 10.

DIVISION VIII TRANSPORTATION OF HUMAN BODIES

1992, c. 57, s. 661; 2001, c. 60, s. 153.

45. (Repealed).

1972, c. 42, s. 38; 1992, c. 57, s. 662; 2001, c. 60, s. 154.

46. (Repealed).

1972, c. 42, s. 39; 1992, c. 57, s. 663; 2001, c. 60, s. 154.

47. (Repealed).

1972, c. 42, s. 40; 1984, c. 47, s. 213; 1983, c. 41, s. 202; 1985, c. 29, s. 20; 1991, c. 44, s. 11; 1992, c. 21, s. 254, s. 375; 1992, c. 57, s. 664; 2001, c. 60, s. 154.

48. (Repealed).

1975, c. 63, s. 12; 1992, c. 57, s. 665.

49. (Repealed).

1972, c. 42, s. 41; 1999, c. 40, s. 227; 2001, c. 60, s. 154.

50. (Repealed).

1972, c. 42, s. 42; 1992, c. 57, s. 666; 2001, c. 60, s. 154.

51. A funeral director shall transport a deceased person on the handing over of a copy of the certificate of death drawn up under the Public Health Act (chapter S-2.2), which he shall keep in accordance with the regulations.

1972, c. 42, s. 43; 1992, c. 57, s. 667; 2001, c. 60, s. 155.

52. Nobody other than a funeral director may make arrangements for the transportation into Québec of the body of a person who died outside Québec or for the transportation of a body out of Québec.

A dead body is transported into Québec in accordance with the conditions fixed by regulation and, where required by the Act respecting the determination of the causes and circumstances of death (chapter R-0.2), with the authorization of the coroner.

A dead body is transported out of Québec in accordance with the conditions fixed by regulation and after authorization by a coroner.

1972, c. 42, s. 44; 1983, c. 41, s. 203; 1985, c. 29, s. 21; 1991, c. 44, s. 12.

53. A municipality shall not require a permit for the transport of a deceased person outside its territory.

This provision shall prevail over any inconsistent provision of any other general law or special Act.

1972, c. 42, s. 45; 1996, c. 2, s. 783.

DIVISION IX OF CERTAIN DEAD BODIES

54. The Government may entrust the carrying out of this division to such physicians as it may designate; from such appointment, they have charge of the disposal of unclaimed bodies or bodies offered to science in the region for which they are designated. They may also discharge their duties in any other region for which no physician has been designated.

1977, c. 47, s. 5.

55. One and the same physician may be designated for several regions.

1977, c. 47, s. 5.

56. Physicians may also be designated to substitute for the physicians in charge.

The substituting physicians shall replace the physicians in charge, with the same duties and powers, when the latter request it or are themselves unable to act.

1977, c. 47, s. 5.

57. A body is deemed unclaimed when the spouse or, failing or in the absence of the spouse, the next of kin to the degree of cousin-german, inclusively, declares in writing that he does not intend to claim the body, clearly shows no interest therein for 24 hours or more after being informed of the death, or cannot be found within 24 hours after the filing of the report of a search carried out by a police department.

1977, c. 47, s. 5; 1999, c. 40, s. 227.

58. Every physician in charge shall periodically give instructions to the institutions and police departments in his region on the arrangements they are to make in respect of the unclaimed bodies in the region, namely, that they must offer them to the educational institutions, or that they must cause them to be buried or cremated.

The physician in charge may verbally authorize the delivery of an unclaimed body to a person, other than one of the persons contemplated in section 57, who requests it in writing of the funeral or cremation director and who undertakes in writing with one of them to have the body buried or cremated as soon as possible, at his expense.

1977, c. 47, s. 5; 1984, c. 47, s. 123; 1992, c. 21, s. 375; 1997, c. 77, s. 3.

59. When a body is to be offered to an educational institution, it is the duty of the institution or the police department in charge of the body to communicate with the physician in charge immediately.

Such is the case where instructions to that effect regarding an unclaimed body have been received from the physician in charge, or where the deceased person has left a document which he signed offering his body, after his death, for medical or scientific purposes.

The cost of transporting the body shall be paid by the educational institution to which it is sent.

1977, c. 47, s. 5; 1985, c. 23, s. 20; 1992, c. 21, s. 375; 1997, c. 77, s. 4.

60. Bodies that have not been accepted by an educational institution and unclaimed bodies that, on the instructions of the physician in charge, are to be buried or cremated, must be buried or cremated as soon as possible. The cost of burial or cremation is at the expense of the succession, or, if there is no succession, at the expense of the Gouvernement du Québec so far as the property left by the deceased is insufficient to cover such cost, unless it has already been paid for pursuant to a contract for a pre-arranged funeral.

However, burial or cremation shall in no case be carried out without the authorization of a coroner in accordance with the regulations.

1977, c. 47, s. 5; 1977, c. 5, s. 14; 1984, c. 47, s. 124; 1992, c. 57, s. 668; 1997, c. 77, s. 5.

61. This division does not apply in cases which are subject to a notice to the coroner in accordance with the Act respecting the determination of the causes and circumstances of death (chapter R-0.2).

1977, c. 47, s. 5; 1983, c. 41, s. 204.

62. Every institution or police department that sends a body to an educational institution shall forward a copy of the certificate of death required under the Public Health Act (chapter S-2.2) to the physician in charge of the region concerned and another to the Minister.

1977, c. 47, s. 5; 1992, c. 21, s. 375; 1992, c. 57, s. 669; 1997, c. 77, s. 6; 2001, c. 60, s. 156.

63. Each institution or police department shall send to the physician in charge of that region a report on each body in its keeping that it has disposed of pursuant to this division. The report shall indicate the date and place of death, the name of the local municipality in whose territory the death occurred, the name, age and address of the deceased person, and the name of each educational institution to which the body was offered or transported or, where such is the case, the place where it was buried or cremated.

1977, c. 47, s. 5; 1992, c. 21, s. 375; 1996, c. 2, s. 784; 1997, c. 77, s. 7.

64. The physician in charge of a region shall keep a register of the bodies disposed of under this division. The register shall contain the particulars mentioned in section 63.

On 1 January each year the physician in charge of a region shall send the Minister a detailed report of his activities.

1977, c. 47, s. 5.

DIVISION X INSPECTION

1986, c. 95, s. 254.

65. In the exercise of the duties and powers granted to him by this Act, the Minister may, by himself or through a person authorized by him in writing, carry out an inspection to ascertain whether or not this Act and the regulations are being complied with.

1972, c. 42, s. 46; 1984, c. 47, s. 125; 1986, c. 95, s. 255; 1992, c. 21, s. 255; 2002, c. 69, s. 146.

66. A person authorized to carry out an inspection under this division may, in the performance of his duties, enter at any reasonable time any place where operations or activities are carried on for which a permit is required under this Act.

1972, c. 42, s. 47; 1975, c. 63, s. 13; 1979, c. 63, s. 298; 1986, c. 95, s. 256; 2001, c. 60, s. 157.

67. A person authorized to carry out an inspection shall at any reasonable time have access to all the books, registers and records of an institution or person carrying on an activity for which a permit is required under this Act; any institution or person having the custody, possession or control of such books, registers or records must give communication of them to the person authorized to carry out an inspection and facilitate his examination of them.

1972, c. 42, s. 48; 1977, c. 47, s. 6; 1986, c. 95, s. 257; 1987, c. 68, s. 98; 1992, c. 21, s. 375.

67.1. If, following an inspection, the Minister is informed that a laboratory is being operated without a permit, the Minister shall immediately notify the Régie de l’assurance maladie du Québec in writing for the purposes of the prohibition against remuneration set out in the second paragraph of section 22.0.0.0.1 of the Health Insurance Act (chapter A-29). On receiving the notice, the Régie shall inform the physicians practising in the laboratory concerned that the prohibition against their being remunerated applies.

2009, c. 29, s. 28.

68. It is forbidden to hinder a person carrying out an inspection in accordance with this Act, to mislead or attempt to mislead him by concealment or by false or fraudulent declarations, to refuse to declare one’s name and address or to neglect to obey any order which he may give under this Act or the regulations.

1972, c. 42, s. 49; 1975, c. 63, s. 14; 1986, c. 95, s. 258.

68.1. A person exercising the powers provided for in sections 66 and 67 shall, if so requested, identify himself and produce a certificate of his capacity.

1986, c. 95, s. 259.

DIVISION XI REGULATIONS

69. The Government may, to protect the public health from danger, make regulations to:

(a)  determine, after consultation with the board of directors of the Ordre des médecins du Québec, standards regarding the equipment, technical operation and sanitary condition of any laboratory and the qualifications of the staff employed in it, to ensure personal safety;

(a.1)  determine the categories of laboratories contemplated in this Act;

(b)  determine standards regarding the equipment, functioning and inspection of the operations of holders of organ and tissue bank, vacation camp, cremation, embalmer’s or funeral director’s permits, the premises in which such operations are to be conducted and the qualifications of the staff employed;

(c)  determine the conditions which must be fulfilled by any person applying for a permit, except in the case of a laboratory for radioisotope examinations;

(c.1)  set conditions for recognizing a permit, licence or other form of occupational certification issued in Canada;

(d)  determine what documents a permit holder must produce, the kind of operations he must conduct, the reports he must make, the records he must keep and the fees he must pay, as well as the procedure for renewal of permits;

(e)  (subparagraph repealed);

(f)  (subparagraph repealed);

(g)  (subparagraph repealed);

(g.1)  (subparagraph repealed);

(h)  determine the terms and conditions of issue of special authorizations for the transporting of deceased persons under section 52;

(i)  fix, after consultation with the board of directors of the Ordre des médecins du Québec the standards of operation and control or ray emitting devices used in facilities maintained by institutions or in any place where operations are performed or activities are carried on for which a permit is required under this Act;

(j)  determine certain premises, forest camps and temporary installations where basic health care services must be provided if such services are not provided by an institution or are not accessible;

(k)  prohibit the sale of the classes or species of pets it may indicate or subject such sale to the conditions and controls regarding health it may fix;

(l)  determine the conditions of preparation, embalming, cremation or incineration of deceased persons, the persons who may carry on such operations and the places where they may be carried on;

(m)  entrust the Minister with the task of protecting public health in the case of danger of the spread of a contagious disease or an invasion of noxious insects or bugs;

(n)  establish standards to assure the high quality of medicines and determine the nature and safety of containers and the inscriptions that must appear on them;

(o)  (subparagraph repealed);

(p)  (subparagraph repealed);

(q)  (subparagraph repealed);

(r)  (subparagraph repealed);

(s)  delimit the regions within which the physicians in charge designated in accordance with section 54 may discharge their duties;

(s.1)  (subparagraph repealed);

(t)  prescribe any measure useful for the carrying out of this Act.

The Government shall publish a draft regulation in the Gazette officielle du Québec with a notice indicating that it may be adopted, with or without amendment, on the expiry of 60 days from that publication.

1972, c. 42, s. 50; 1973, c. 46, s. 49; 1975, c. 63, s. 15; 1977, c. 5, s. 229; 1977, c. 47, s. 7; 1979, c. 63, s. 299; 1981, c. 22, s. 111; 1984, c. 27, s. 82; 1984, c. 47, s. 126; 1985, c. 23, s. 21; 1992, c. 21, s. 256, s. 375; 1992, c. 57, s. 670; 2001, c. 60, s. 158; 2002, c. 69, s. 147; 2008, c. 11, s. 212; 2009, c. 43, s. 7.

70. Every regulation made by the Government under this Act shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1972, c. 42, s. 51.

DIVISION XII PENAL PROVISIONS

1992, c. 61, s. 469.

71. Whoever contravenes any of the provisions of this Act or the regulations made thereunder or refuses to comply with an order given under such Act or regulations is guilty of an offence and is liable, for each day that the offence continues, to a fine of not more than $1,400 in the case of a natural person and to a fine of not more than $7,000 in the case of a legal person.

1972, c. 42, s. 52; 1984, c. 47, s. 127; 1986, c. 58, s. 86; 1990, c. 4, s. 696; 1991, c. 33, s. 108; 1992, c. 21, s. 257; 1999, c. 40, s. 227; 2002, c. 69, s. 148.

72. (Repealed).

1975, c. 63, s. 16; 1999, c. 40, s. 227; 2001, c. 60, s. 159.

73. Where a legal person is guilty of an offence against this Act, any member, director, employee or agent of such legal person who prescribed or authorized the commission of the offence or who consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the same penalty as that provided for the legal person, whether or not is has been prosecuted or found guilty.

1972, c. 42, s. 53; 1999, c. 40, s. 227.

DIVISION XIII

This Division ceased to have effect on 17 April 1987.

74. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter P-35 of the Revised Statutes, in force on 1 April 2002, is repealed effective from the coming into force of chapter L-0.2 of the Revised Statutes.