Ministère de l'Emploi et de la Solidarité sociale
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S-4.2 - Act respecting health services and social services

Section 108
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108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision on behalf of the institution of certain health services or social services required by a user of the institution;
(2)  the provision or exchange of professional health or social services.
However, prior authorization from the Minister is required to enter into an agreement with the operator of a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3 or with a non-participating professional within the meaning of the Health Insurance Act (chapter A-29), or if the service covered by the agreement is an insured service that is considered non-insured under that Act.
Despite the first paragraph, an institution operating a hospital centre may not significantly modify the organization of the specialized medical services it provides in its facilities by entrusting them to a third party unless it enters into an agreement under section 349.3.
An institution may also enter into an agreement with another institution concerning the acquisition and the automated preparation and distribution of drugs.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the agency.
An agreement under this section must be transmitted to the agency. Such an agreement does not constitute a contract with a subcontractor within the meaning of section 95 of the Act respecting labour standards (chapter N-1.1).
1991, c. 42, s. 108; 1998, c. 39, s. 38; 2001, c. 43, s. 42; 2005, c. 32, s. 55; 2006, c. 43, s. 5; 2009, c. 45, s. 26; 2023, c. 34, s. 1295; 2023, c. 5, s. 241.
108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision on behalf of the institution of certain health services or social services required by a user of the institution;
(2)  the provision or exchange of professional health or social services.
However, prior authorization from the Minister is required to enter into an agreement with the operator of a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3 or with a non-participating professional within the meaning of the Health Insurance Act (chapter A-29), or if the service covered by the agreement is an insured service that is considered non-insured under that Act.
Despite the first paragraph, an institution operating a hospital centre may not significantly modify the organization of the specialized medical services it provides in its facilities by entrusting them to a third party unless it enters into an agreement under section 349.3.
An institution may also enter into an agreement with another institution concerning the acquisition and the automated preparation and distribution of drugs.
For the purposes of an agreement referred to in subparagraph 1 of the first paragraph or in the fourth paragraph, an institution may communicate information contained in a user’s record only if that communication is necessary either to ensure the provision by that other institution, that body or that other person of certain health services or social services to the user concerned or to ensure the centralized preparation of certain drugs. Sections 27.1 and 27.2 apply with the necessary modifications when information is communicated for those purposes to another institution, a body or another person.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the agency.
An agreement under this section must be transmitted to the agency. Such an agreement does not constitute a contract with a subcontractor within the meaning of section 95 of the Act respecting labour standards (chapter N-1.1).
1991, c. 42, s. 108; 1998, c. 39, s. 38; 2001, c. 43, s. 42; 2005, c. 32, s. 55; 2006, c. 43, s. 5; 2009, c. 45, s. 26; 2023, c. 34, s. 1295.
108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision on behalf of the institution of certain health services or social services required by a user of the institution;
(2)  the provision or exchange of professional health or social services.
However, prior authorization from the Minister is required to enter into an agreement with the operator of a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3 or with a non-participating professional within the meaning of the Health Insurance Act (chapter A-29), or if the service covered by the agreement is an insured service that is considered non-insured under that Act.
Despite the first paragraph, an institution operating a hospital centre may not significantly modify the organization of the specialized medical services it provides in its facilities by entrusting them to a third party unless it enters into an agreement under section 349.3.
An institution may also enter into an agreement with another institution concerning the acquisition and the automated preparation and distribution of drugs.
For the purposes of an agreement referred to in subparagraph 1 of the first paragraph or in the fourth paragraph, an institution may communicate information contained in a user’s record only if that communication is necessary either to ensure the provision by that other institution, that body or that other person of certain health services or social services to the user concerned or to ensure the centralized preparation of certain drugs. Sections 27.1 and 27.2 apply with the necessary modifications when information is communicated for those purposes to another institution, a body or another person.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the agency.
An agreement under this section must be transmitted to the agency.
1991, c. 42, s. 108; 1998, c. 39, s. 38; 2001, c. 43, s. 42; 2005, c. 32, s. 55; 2006, c. 43, s. 5; 2009, c. 45, s. 26.
108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision on behalf of the institution of certain health services or social services required by a user of the institution;
(2)  the provision or exchange of professional health or social services.
However, prior authorization from the Minister is required to enter into an agreement with the operator of a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3 or with a non-participating professional within the meaning of the Health Insurance Act (chapter A-29), or if the service covered by the agreement is an insured service that is considered non-insured under that Act.
Despite the first paragraph, an institution operating a hospital centre may not significantly modify the organization of the specialized medical services it provides in its facilities by entrusting them to a third party unless it enters into an agreement under section 349.3.
An institution may also enter into an agreement with another institution concerning the acquisition and the automated preparation and distribution of drugs.
For the purposes of an agreement referred to in subparagraph 1 of the first paragraph or in the second paragraph, an institution may communicate information contained in a user’s record only if that communication is necessary either to ensure the provision by that other institution, that body or that other person of certain health services or social services to the user concerned or to ensure the centralized preparation of certain drugs. Sections 27.1 and 27.2 apply with the necessary modifications when information is communicated for those purposes to another institution, a body or another person.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the agency.
An agreement under this section must be transmitted to the agency.
1991, c. 42, s. 108; 1998, c. 39, s. 38; 2001, c. 43, s. 42; 2005, c. 32, s. 55; 2006, c. 43, s. 5.
108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision on behalf of the institution of certain health services or social services required by a user of the institution;
(2)  the provision or exchange of professional health or social services.
However, prior authorization from the Minister is required to enter into an agreement with the operator of a specialized medical centre described in subparagraph 2 of the first paragraph of section 333.3 or with a non-participating professional within the meaning of the Health Insurance Act (chapter A-29), or if the service covered by the agreement is an insured service that is considered non-insured under that Act.
In force: 2008-01-01
Despite the first paragraph, an institution operating a hospital centre may not significantly modify the organization of the specialized medical services it provides in its facilities by entrusting them to a third party unless it enters into an agreement under section 349.3.
An institution may also enter into an agreement with another institution concerning the acquisition and the automated preparation and distribution of drugs.
For the purposes of an agreement referred to in subparagraph 1 of the first paragraph or in the second paragraph, an institution may communicate information contained in a user’s record only if that communication is necessary either to ensure the provision by that other institution, that body or that other person of certain health services or social services to the user concerned or to ensure the centralized preparation of certain drugs. Sections 27.1 and 27.2 apply with the necessary modifications when information is communicated for those purposes to another institution, a body or another person.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the agency.
The agreement must be transmitted to the agency.
1991, c. 42, s. 108; 1998, c. 39, s. 38; 2001, c. 43, s. 42; 2005, c. 32, s. 55; 2006, c. 43, s. 5.
108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision on behalf of the institution of certain health services or social services required by a user of the institution;
(2)  the provision or exchange of professional health or social services.
An institution may also enter into an agreement with another institution concerning the acquisition and the automated preparation and distribution of drugs.
For the purposes of an agreement referred to in subparagraph 1 of the first paragraph or in the second paragraph, an institution may communicate information contained in a user’s record only if that communication is necessary either to ensure the provision by that other institution, that body or that other person of certain health services or social services to the user concerned or to ensure the centralized preparation of certain drugs. Sections 27.1 and 27.2 apply with the necessary modifications when information is communicated for those purposes to another institution, a body or another person.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the agency.
The agreement must be transmitted to the agency.
1991, c. 42, s. 108; 1998, c. 39, s. 38; 2001, c. 43, s. 42; 2005, c. 32, s. 55.
108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision on behalf of the institution of certain health services or social services required by a user of the institution;
(2)  the provision or exchange of professional health or social services.
An institution may also enter into an agreement with another institution concerning the acquisition and the automated preparation and distribution of drugs.
For the purposes of an agreement referred to in subparagraph 1 of the first paragraph or in the second paragraph, an institution may communicate information contained in a user’s record only if that communication is necessary either to ensure the provision by that other institution, that body or that other person of certain health services or social services to the user concerned or to ensure the centralized preparation of certain drugs. Sections 27.1 and 27.2 apply with the necessary modifications when information is communicated for those purposes to another institution, a body or another person.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the regional board.
The agreement must be transmitted to the regional board.
1991, c. 42, s. 108; 1998, c. 39, s. 38; 2001, c. 43, s. 42; 2005, c. 32, s. 55.
108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision of certain health services or social services;
(2)  the provision or exchange of professional health or social services.
The agreement must recognize the jurisdiction of the local service quality commissioner and that of the medical examiner as regards the examination of the complaints of the clientele concerned by the agreement. The agreement must allow the carrying out of the provisions of Chapter III of Title II of Part I of this Act and of the Act respecting the Health and Social Services Ombudsman (chapter P-31.1) concerning the services covered by the agreement, with the necessary modifications.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the regional board.
The agreement must be transmitted to the regional board.
1991, c. 42, s. 108; 1998, c. 39, s. 38; 2001, c. 43, s. 42.
108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision of certain health services or social services;
(2)  the provision or exchange of professional health or social services.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the regional board.
The agreement must be transmitted to the regional board.
1991, c. 42, s. 108; 1998, c. 39, s. 38.
108. An institution may enter into an agreement with another institution, a body or any other person for any of the following purposes:
(1)  the provision of certain health services or social services;
(2)  the provision or exchange of professional health or social services.
In the case of an agreement entered into between an institution and a community organization referred to in Title II of this Part, the agreement must be consistent with the orientations, policies and approaches of the community organization.
In the case of an agreement referred to in subparagraph 2 of the first paragraph, the agreement shall not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals as projected in a medical staffing plan prepared by the regional board.
The agreement shall become effective 30 days after it is filed with the regional board unless it is disallowed by the board.
1991, c. 42, s. 108.
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