S-4.2, r. 0.01 - Regulation respecting the certification of private seniors’ residences

Section 36 Disposition versions

2022-12-15

36. The operator of a private seniors’ residence must adopt, for the residence’s directors, staff members, volunteers and any other person working in the residence, a code of ethics that the operator must enforce and that sets out expected practices and behaviour toward residents and their close relatives. The code of ethics must specify, as a minimum,

(1)  the residents’ right to be treated with courtesy, fairness and understanding in the respect of their dignity and autonomy, and on the basis of their needs;

(2)  the affirmation of the philosophy of well-treatment, according to which the actions carried out towards the residents must favour their well-being, fulfilment and decision-making power;

(3)  the right to information and freedom of expression;

(4)  the right to confidentiality and discretion; and

(5)  the prohibition preventing the operator, staff members, volunteers and any other person working in the residence from accepting donations or bequests from a resident made while the resident is or was housed at the residence, or, subject to the second paragraph, from soliciting residents in any way.

In the case of a private seniors’ residence constituted for non-profit purposes or as a cooperative under a statute of Québec, the code of ethics may provide that residents may be solicited for purposes determined by the board of directors.

The persons subject to the code of ethics must undertake, in writing, to comply with the code of ethics. In the case of a staff member or a volunteer responsible for supervision in the residence, the undertaking must be placed in the file kept for the person pursuant to section 58.

The operator must post the code of ethics visibly, in a place accessible to the residents.

O.C. 259-2018, s. 36; O.C. 1574-2022, s. 32.

2018-04-05

36. The operator of a private seniors’ residence must adopt, for the residence’s directors, staff members, volunteers and any other person working in the residence, a code of ethics that the operator must enforce and that sets out expected practices and behaviour toward residents and their close relatives. The code of ethics must specify, as a minimum,

(1)  the residents’ right to be treated with courtesy, fairness and understanding in the respect of their dignity and autonomy, and on the basis of their needs;

(2)  the affirmation of the philosophy of well-treatment, according to which the actions carried out towards the residents must favour their well-being, fulfilment and decision-making power;

(3)  the right to information and freedom of expression;

(4)  the right to confidentiality and discretion; and

(5)  the prohibition preventing the operator, staff members, volunteers and any other person working in the residence from accepting donations or bequests from a resident made while the resident is or was housed at the residence, or, subject to the second paragraph, from soliciting residents in any way.

In the case of a private seniors’ residence constituted for non-profit purposes or as a cooperative under a statute of Québec, the code of ethics may provide that residents may be solicited for purposes determined by the board of directors.

The persons subject to the code of ethics must undertake, in writing, to comply with the code of ethics. The undertaking made by a staff member or a volunteer referred to in the first paragraph of section 17 must be placed in the file kept pursuant to section 58.

The operator must post the code of ethics visibly, in a place accessible to the residents.

O.C. 259-2018, s. 36.

Not in force

In force: 2018-04-05

36. The operator of a private seniors’ residence must adopt, for the residence’s directors, staff members, volunteers and any other person working in the residence, a code of ethics that the operator must enforce and that sets out expected practices and behaviour toward residents and their close relatives. The code of ethics must specify, as a minimum,

(1)  the residents’ right to be treated with courtesy, fairness and understanding in the respect of their dignity and autonomy, and on the basis of their needs;

(2)  the affirmation of the philosophy of well-treatment, according to which the actions carried out towards the residents must favour their well-being, fulfilment and decision-making power;

(3)  the right to information and freedom of expression;

(4)  the right to confidentiality and discretion; and

(5)  the prohibition preventing the operator, staff members, volunteers and any other person working in the residence from accepting donations or bequests from a resident made while the resident is or was housed at the residence, or, subject to the second paragraph, from soliciting residents in any way.

In the case of a private seniors’ residence constituted for non-profit purposes or as a cooperative under a statute of Québec, the code of ethics may provide that residents may be solicited for purposes determined by the board of directors.

The persons subject to the code of ethics must undertake, in writing, to comply with the code of ethics. The undertaking made by a staff member or a volunteer referred to in the first paragraph of section 17 must be placed in the file kept pursuant to section 58.

The operator must post the code of ethics visibly, in a place accessible to the residents.

O.C. 259-2018, s. 36.