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

Section 608 Disposition versions

Not in force

Not in force

608. A holder of an authorization for the operation of a private seniors’ residence that wishes to cease activities, even with respect to only a part of the residence, must apply to Santé Québec, at least nine months before the projected date of cessation, for the revocation of all or part of its authorization, as applicable. The holder must attach a cessation-of-activities plan to the application.

The main purpose of the plan is to ensure that the cessation of activities does not compromise the health and safety of the residents. The plan must set out the steps and actions that will be taken by the authorization holder over a period of at least six months preceding the cessation. The plan must include

(1)  the projected date of the cessation of activities;

(2)  the contact information of the persons concerned by the cessation of activities and, where applicable, of their representatives;

(3)  the measures that will be taken by the authorization holder

(a)  to assist in the relocation of the persons concerned who require it; and

(b)  to properly inform the persons concerned and, where applicable, their representatives of the relocation assistance available to them and of any developments in the situation until the cessation of activities; and

(4)  any other element determined by regulation of Santé Québec.

If Santé Québec considers that the plan does not meet the requirements of the second paragraph, it must, in writing and within 30 days after receiving the plan, notify the authorization holder and provide the latter with the reasons in support of its conclusion in order for the holder to revise the plan as soon as possible.

Santé Québec must approve the authorization holder’s cessation-of-activities plan, with or without amendment, within three months after receiving it. Before approving a plan with amendment, Santé Québec must grant the holder a period of at least 10 days to submit observations. The holder must comply with the plan approved by Santé Québec.

All notices that, under the rules set out in the Civil Code respecting the lease of a dwelling, must be given to the lessees prior to the cessation of activities are without effect if they are sent before the cessation-of-activities plan is approved by Santé Québec.

This section does not apply where the rights conferred by an authorization to operate a residence are transferred, with Santé Québec’s permission, to a third person.

2023, c. 34, s. 608.