S-4.2 - Act respecting health services and social services

Section 338.2 Disposition versions

2023-10-04

338.2. A health and social services body may not call on a personnel placement agency’s services or on independent labour, except to the extent prescribed by regulation of the Government.

The Government may, in particular,

(1)  define what constitutes a personnel placement agency and independent labour;

(2)  set the period during which a body may call on a personnel placement agency’s services or on independent labour;

(3)  establish a maximum hourly rate for any day of work performed by a member of a personnel placement agency’s personnel or by independent labour for any position title or any job class the Government identifies and whose services correspond to the tasks of the personnel of a health and social services body;

(4)  determine the obligations incumbent on a body, a personnel placement agency or independent labour;

(5)  establish any other terms and conditions relating to the use of a personnel placement agency’s services or independent labour;

(6)  determine the administrative measures applicable if the provisions of a regulation made under this section are not complied with; and

(7)  identify, among the provisions of a regulation made under this section, those whose violation constitutes an offence and renders the offender liable to the fine provided for in section 531.4.

The provisions of a government regulation may vary depending on the categories of bodies, the sectors of activity of personnel placement agencies or of independent labour, the classes of personnel, the position titles, the health regions or the territories the Government determines.

For the purposes of this title, “health and social services body” means an institution, an intermediary resource, a family-type resource, a private seniors’ residence referred to in section 346.0.1, a palliative care hospice that holds an accreditation granted by the Minister under section 457 or a religious institution that operates an infirmary or maintains a residential and long-term care facility to receive its members or followers.

2023, c. 8, s. 1.