G-1.021 - Act respecting the governance of the health and social services system

Section 342 Disposition versions

Not in force

Not in force

342. Where the acquisition of an immovable surplus to requirements of a grouped institution or its construction or the work carried out on it has been financed with funds other than funds provided, in whole or in part, by government subsidy or 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 to a foundation of the institution or paid into a special fund the administration of which is entrusted to the members of the institution to be used for one of the following purposes:

(1)  the purchase, construction, renovation, improvement, enlargement or development of immovable property of 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; or

(5)  the training and development of the human resources provided by the Santé Québec institution to which the grouped institution is attached, for specific needs.

The proceeds from the alienation of the immovable and the income arising from the proceeds may also be transferred to another non-profit legal person whose activities are related to the field of health and social services if the authorization required under subparagraph b of subparagraph 2 of the first paragraph of section 104, where applicable, so provides.

The rules set out in the first and second paragraphs also apply to funds constituted by the members of the institution before 23 June 1992 and which have traditionally been administered by those members.

Any immovable surplus to requirements may also be transferred to a foundation of the institution or, if the authorization required under subparagraph b of subparagraph 2 of the first paragraph of section 104, where applicable, so provides, to another non-profit legal person whose activities are related to the field of health and social services.

For the purposes of this section, “immovable surplus to requirements” means an immovable which the institution, Santé Québec and the Minister foresee will not be used for the purposes of another institution for whatever purpose for the five ensuing years.

2023, c. 34, s. 342.