S-4.2 - Act respecting health services and social services

Section 346.0.17.1 Disposition versions

2022-04-06

346.0.17.1. The operator of a private seniors’ residence who wishes to cease activities, even with respect to only a part of the residence, must transmit a cessation-of-activities plan to the agency concerned at least nine months before the projected date of cessation.

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 operator of the residence over a period of at least six months preceding the cessation. The plan must set out, among other elements,

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

(2)  the contact information of the persons concerned by the cessation of activities and of any persons acting on their behalf;

(3)  the measures that will be taken by the operator

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

(b)  to properly inform the persons concerned and any persons acting on their behalf 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 government regulation.

The agency concerned must notify the operator as well as the Minister of Health and Social Services and the Minister responsible for Seniors in writing of the receipt of the cessation-of-activities plan. In addition, if the agency considers that the plan does not meet the requirements of the second paragraph, it must, in writing and within 30 days after receipt of the plan, notify the operator and provide the latter with the reasons in support of its conclusion in order for the operator to revise the plan as soon as possible.

The agency concerned must approve the operator’s cessation-of-activities plan, with or without amendment, within three months after its receipt and transmit a copy of it to the Minister of Health and Social Services and to the Minister responsible for Seniors. Before approving a plan with amendment, the agency must grant the operator a period of at least 10 days to submit observations. The operator must comply with the plan approved by the agency concerned.

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 transmitted before the cessation-of-activities plan is approved by the agency concerned.

This section does not apply where the rights conferred on the operator by a certificate of compliance or a temporary certificate of compliance have been validly transferred to another person in accordance with section 346.0.20.

2011, c. 27, s. 18; 2022, c. 6, s. 28.

2011-11-30

346.0.17.1. The operator of a private seniors’ residence who wishes to cease activities, even with respect to only a part of the residence, must give at least six months’ prior notice of that intention to the agency concerned.

The prior notice must state the date on which the operator plans to cease activities and the contact information of the residents concerned and of any persons acting on their behalf.

Failure by the operator to give the agency concerned prior notice, in accordance with this section, of the intention to cease activities renders without effect all notices that, under the rules set out in the Civil Code respecting the lease of a dwelling, must be given to lessees prior to ceasing the activities of the private seniors’ residence.

2011, c. 27, s. 18.