S-4.2, r. 22.2 - Regulation respecting the use of personnel placement agencies’ services and independent labour in the health and social services sector

Section 12 Disposition versions

2023-10-04

12. Every personnel placement agency must comply with the following obligations:

(1)  provide the health and social services body a written service contract that includes the title of the service concerned, in conformity with the position titles and the job description provided for in the document entitled “Nomenclature des titres d’emploi, des libellés, des taux et des échelles de salaire du réseau de la santé et des services sociaux” if applicable, as well as the terms and conditions relating to remuneration in conformity with this Regulation;

(2)  submit each month to the Minister the information relating to the services provided to a health and social services body, expressed in number of hours worked, in the fees charged by distinguishing those relating to overtime hours and the expenses charged, by position title and by facility if applicable;

(3)  respond to any request made by the health and social services body or by the Minister, as applicable, concerning information and documents provided for in this Regulation that were transmitted to it;

(4)  ensure that every personnel member whose services the personnel placement agency leases to a health and social services body is authorized to work in Canada and, if the person is a member of a professional order, that the person holds a valid permit allowing him or her to engage in the relevant professional activities;

(5)  ensure that every personnel member whose services the personnel placement agency leases to a health and social services body wears a visible identification card bearing the person’s surname and given name, a recent photograph, the title of the position held and, if applicable, the name of the professional order of which the person is a member and his or her permit number allowing that person to engage in the relevant professional activities;

(6)  hold a civil liability insurance contract in the amount of $2,000,000 that covers bodily injury and property damage caused by personnel members whose services the personnel placement agency leases to a health and social services body, undertake to maintain such a contract in force for the entire duration of the services, and send the body a copy of the policy before entering into any personnel leasing contract;

(7)  require every personnel member whose services the personnel placement agency intends to lease to a health and social services body to provide a declaration concerning any judicial record and to have that declaration verified by a Québec police force;

(8)  declare to the health and social services body any judicial record or any refusal to receive from the personnel placement agency the services requested by such a body relating to a personnel member whose services the personnel placement agency intends to lease in connection with any duties likely to be entrusted to the personnel member within the body and undertake to notify the body of any change in connection with the declaration if the body accepted the services;

(9)  require every personnel member whose services are leased to a health and social services body by the personnel placement agency to undertake to notify the agency of any change in connection with the information provided for in paragraph 7 and, if applicable, to notify the health and social services body;

(10)  maintain a training, skills development and assessment program for personnel members whose services are leased to a health and social services body by the personnel placement agency;

(11)  if applicable, notify the professional order concerned of any doubt as to the expertise of a personnel member whose services are leased to a health and social services body by the personnel placement agency, and of any breach of ethics reported to the agency;

(12)  enclose, with every invoice that includes the fees increased in accordance with section 9 for a provision of work of over 40 hours performed during the same week by a personnel member whose services are leased to a health and social services body by the personnel placement agency, a declaration identifying the personnel member concerned, detailing the hours worked and indicating the regular hourly wages paid to the personnel member.

For the purposes of subparagraphs 7 and 8 of the first paragraph, “judicial records” means

(1)  a conviction for a criminal offence committed in Canada or outside Canada, unless a pardon was obtained for that offence;

(2)  a pending indictment for a criminal offence committed in Canada or outside Canada;

(3)  a court order that remains against a person in Canada or outside Canada.

O.C. 1481-2023, s. 12.

Not in force

In force: 2023-10-04

12. Every personnel placement agency must comply with the following obligations:

(1)  provide the health and social services body a written service contract that includes the title of the service concerned, in conformity with the position titles and the job description provided for in the document entitled “Nomenclature des titres d’emploi, des libellés, des taux et des échelles de salaire du réseau de la santé et des services sociaux” if applicable, as well as the terms and conditions relating to remuneration in conformity with this Regulation;

(2)  submit each month to the Minister the information relating to the services provided to a health and social services body, expressed in number of hours worked, in the fees charged by distinguishing those relating to overtime hours and the expenses charged, by position title and by facility if applicable;

(3)  respond to any request made by the health and social services body or by the Minister, as applicable, concerning information and documents provided for in this Regulation that were transmitted to it;

(4)  ensure that every personnel member whose services the personnel placement agency leases to a health and social services body is authorized to work in Canada and, if the person is a member of a professional order, that the person holds a valid permit allowing him or her to engage in the relevant professional activities;

(5)  ensure that every personnel member whose services the personnel placement agency leases to a health and social services body wears a visible identification card bearing the person’s surname and given name, a recent photograph, the title of the position held and, if applicable, the name of the professional order of which the person is a member and his or her permit number allowing that person to engage in the relevant professional activities;

(6)  hold a civil liability insurance contract in the amount of $2,000,000 that covers bodily injury and property damage caused by personnel members whose services the personnel placement agency leases to a health and social services body, undertake to maintain such a contract in force for the entire duration of the services, and send the body a copy of the policy before entering into any personnel leasing contract;

(7)  require every personnel member whose services the personnel placement agency intends to lease to a health and social services body to provide a declaration concerning any judicial record and to have that declaration verified by a Québec police force;

(8)  declare to the health and social services body any judicial record or any refusal to receive from the personnel placement agency the services requested by such a body relating to a personnel member whose services the personnel placement agency intends to lease in connection with any duties likely to be entrusted to the personnel member within the body and undertake to notify the body of any change in connection with the declaration if the body accepted the services;

(9)  require every personnel member whose services are leased to a health and social services body by the personnel placement agency to undertake to notify the agency of any change in connection with the information provided for in paragraph 7 and, if applicable, to notify the health and social services body;

(10)  maintain a training, skills development and assessment program for personnel members whose services are leased to a health and social services body by the personnel placement agency;

(11)  if applicable, notify the professional order concerned of any doubt as to the expertise of a personnel member whose services are leased to a health and social services body by the personnel placement agency, and of any breach of ethics reported to the agency;

(12)  enclose, with every invoice that includes the fees increased in accordance with section 9 for a provision of work of over 40 hours performed during the same week by a personnel member whose services are leased to a health and social services body by the personnel placement agency, a declaration identifying the personnel member concerned, detailing the hours worked and indicating the regular hourly wages paid to the personnel member.

For the purposes of subparagraphs 7 and 8 of the first paragraph, “judicial records” means

(1)  a conviction for a criminal offence committed in Canada or outside Canada, unless a pardon was obtained for that offence;

(2)  a pending indictment for a criminal offence committed in Canada or outside Canada;

(3)  a court order that remains against a person in Canada or outside Canada.

O.C. 1481-2023, s. 12.