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

Section 563 Disposition versions

Not in force

Not in force

563. Santé Québec must refuse to grant an authorization to an applicant that does not meet the following conditions:

(1)  the applicant and, in the case of a limited partnership, the general partner:

(a)  is solvent;

(b)  was not the holder of an authorization that, in the three years preceding the application, was the subject of a forced revocation or, if applicable, was not renewed under Chapter III; and

(c)  has no judicial record related to the aptitudes required and appropriate conduct for participating in the operation of a provider of services in the field of health and social services;

(2)  if the applicant is a limited partnership and the general partner is a legal person, its officers and directors have no such judicial record;

(3)  if the applicant is a group other than the one referred to in subparagraph 2, its directors and its officers or any other person exercising functions of the same type have no such judicial record; and

(4)  any other condition that may be prescribed by regulation of Santé Québec.

The following are judicial record entries related to the aptitudes required and appropriate conduct for participating in the operation of a provider of services in the field of health and social services:

(1)  a finding of guilt, within the three years preceding the application, for an offence under this Act, unless a pardon has been obtained, or a proceeding still pending for such an offence; and

(2)  a finding of guilt, within the five years preceding the application, for a criminal offence which, in Santé Québec’s opinion, is related to those aptitudes and that conduct, unless a pardon has been obtained, or a proceeding still pending for such an offence.

Santé Québec must also refuse any request for a transfer of the rights conferred by an authorization where the proposed transferee does not meet the conditions set out in this section.

2023, c. 34, s. 563.