L-6.3 - Act to combat maltreatment of seniors and other persons of full age in vulnerable situations

Section 21 Disposition versions

2022-11-01

21. Any health services and social service provider or any professional within the meaning of the Professional Code (chapter C-26) who, in the exercise of his or her functions or the practice of his or her profession, has reasonable grounds to believe that a person is a victim of maltreatment must report the case without delay where the person is

(1)  a user of full age who is lodged in a facility maintained by an institution operating a residential and long-term care centre;

(2)  a user of full age who is taken in charge by an intermediate resource or by a family-type resource;

(3)  a person of full age who is under tutorship or for whom a protection mandate has been homologated;

(4)  any person of full age whose incapacity to care for himself or herself or to administer his or her property has been ascertained by medical assessment, but who is not under a protective measure; or

(5)  any other person in a vulnerable situation who is a resident of a private senior’s residence.

The report is filed with the competent local service quality and complaints commissioner where the person of full age concerned is covered by an institution’s anti-maltreatment policy or, in any other case, with a designated resource person referred to in section 17, to be handled in accordance with Chapter II or Chapter III, as applicable.

This section applies even to persons bound by professional secrecy, except lawyers and notaries who receive information about such a case in the practice of their profession.

Anyone who contravenes the provisions of the first paragraph commits an offence and is liable to a fine of $2,500 to $25,000. Those amounts are doubled for a subsequent offence.

2017, c. 10, s. 21; 2020, c. 24, s. 8; 2022, c. 6, s. 13; 2020, c. 11, s. 254.

2022-04-06

21. Any health services and social service provider or any professional within the meaning of the Professional Code (chapter C-26) who, in the exercise of his or her functions or the practice of his or her profession, has reasonable grounds to believe that a person is a victim of maltreatment must report the case without delay where the person is

(1)  a user of full age who is lodged in a facility maintained by an institution operating a residential and long-term care centre;

(2)  a user of full age who is taken in charge by an intermediate resource or by a family-type resource;

(3)  a person of full age who is under tutorship or curatorship or for whom a protection mandate has been homologated;

(4)  any person of full age whose incapacity to care for himself or herself or to administer his or her property has been ascertained by medical assessment, but who is not under a protective measure; or

(5)  any other person in a vulnerable situation who is a resident of a private senior’s residence.

The report is filed with the competent local service quality and complaints commissioner where the person of full age concerned is covered by an institution’s anti-maltreatment policy or, in any other case, with a designated resource person referred to in section 17, to be handled in accordance with Chapter II or Chapter III, as applicable.

This section applies even to persons bound by professional secrecy, except lawyers and notaries who receive information about such a case in the practice of their profession.

Anyone who contravenes the provisions of the first paragraph commits an offence and is liable to a fine of $2,500 to $25,000. Those amounts are doubled for a subsequent offence.

2017, c. 10, s. 21; 2020, c. 24, s. 8; 2022, c. 6, s. 13.

2021-06-01

21. Any health services and social services provider or any professional within the meaning of the Professional Code (chapter C-26) who has reasonable grounds to believe that a person of full age is a victim of a single or repeated act, or a lack of appropriate action, that seriously undermines the physical or psychological integrity of the person must report it immediately if

(1)  the person is lodged in a facility maintained by an institution operating a residential and long-term care centre within the meaning of the Act respecting health services and social services (chapter S-4.2); or

(2)  the person is under tutorship or curatorship, or is a person for whom a protection mandate has been homologated.

The report is filed with the competent local service quality and complaints commissioner if the person receives services from an institution or, in any other case, with a police force, to be handled in accordance with Chapter II or Chapter III, as applicable.

This section even applies to persons bound by professional secrecy, except lawyers and notaries who receive information about such a case in the exercise of their profession.

2017, c. 10, s. 21; 2020, c. 24, s. 8.

2017-05-30

21. Any health services and social services provider or any professional within the meaning of the Professional Code (chapter C-26) who has reasonable grounds to believe that a person of full age is a victim of a single or repeated act, or a lack of appropriate action, that seriously undermines the physical or psychological integrity of the person must report it immediately if

(1)  the person is lodged in a facility maintained by an institution operating a residential and long-term care centre within the meaning of the Act respecting health services and social services (chapter S-4.2); or

(2)  the person is under tutorship or curatorship, or is a person for whom a protection mandate has been homologated.

The report is filed with the local service quality and complaints commissioner of the institution where the person receives services, if applicable, or, in any other case, with a police force, to be handled in accordance with Chapter II or Chapter III, as applicable.

This section even applies to persons bound by professional secrecy, except lawyers and notaries who receive information about such a case in the exercise of their profession.

2017, c. 10, s. 21.