A-5.01 - Act respecting clinical and research activities relating to assisted procreation

Section 4 Disposition versions

2010-08-05

4. A physician who is a member of the Collège des médecins du Québec is the only natural person who may operate a centre for assisted procreation. 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 the interests in the partnership must be held

(1)  by physicians who are members of that professional order;

(2)  by a legal person or 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 a legal person or partnership referred to in subparagraph 2.

The affairs of a legal person or a partnership that operates a centre for assisted procreation must be administered by a board of directors or an internal management board that includes a majority of physicians who practise at the centre; those physicians must at all times form the majority of the quorum of the board.

The shareholders of a legal person or the partners in a partnership that operates a centre for assisted procreation may not enter into an agreement that restricts the power of the directors of the legal person or partnership.

This section does not apply to a centre for assisted procreation operated by an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5).

2009, c. 30, s. 4.