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

Section 435
Disposition versions

Full text
435. (Repealed).
1991, c. 42, s. 435; 1992, c. 21, s. 70; 1996, c. 36, s. 51; 1997, c. 43, s. 731; 2005, c. 32, s. 173.
435. The Minister may, to foster efficient management of the residential and long-term care centres operated in a territory defined in section 119, require an institution operating both a residential and long-term care centre and a hospital centre of 50 beds or more offering general and specialized care to transfer the management of all or part of its residential and long-term care centre to an institution referred to in section 119 which is designated for that purpose by the Minister.
The Minister, for the purposes of this section, shall in such cases be advised by the regional board and shall take into account the nature, the number or the special characteristics of the centres operated by the institutions concerned and the capacity and location of their facilities in the territory under consideration. The Minister must, pursuant to section 5 of the Act respecting administrative justice (chapter J-3), advise the institutions concerned and give them the opportunity to present observations.
The institutions concerned must take the necessary steps to implement the Minister’s decision within the following six months. If the institution which must transfer the management of a residential and long-term care centre is a legal person designated by the Minister under section 139, the Minister may allow the institution to retain ownership of the facilities used for the operation of the residential and long-term care centre and to grant, without claiming rent, a right of occupation of those facilities to the institution designated to ensure the continuity of operations.
The provisions of this section apply, with the necessary modifications, to any other institution operating different centres of which the management, whether of all or part of any one centre, may in the same manner be transferred to another institution better able to further the efficient management of that centre and centres of the same nature in the territory concerned.
The provisions of this section do not apply unless the centre to be transferred by an institution is operated in facilities used exclusively for that centre.
1991, c. 42, s. 435; 1992, c. 21, s. 70; 1996, c. 36, s. 51; 1997, c. 43, s. 731.
435. The Minister may, to foster efficient management of the residential and long-term care centres operated in a territory defined in section 119, require an institution operating both a residential and long-term care centre and a hospital centre of 50 beds or more offering general and specialized care to transfer the management of all or part of its residential and long-term care centre to an institution referred to in section 119 which is designated for that purpose by the Minister.
The Minister, for the purposes of this section, shall in such cases be advised by the regional board and shall take into account the nature, the number or the special characteristics of the centres operated by the institutions concerned and the capacity and location of their facilities in the territory under consideration. The Minister must also give the institutions concerned an opportunity to submit their views.
The institutions concerned must take the necessary steps to implement the Minister’s decision within the following six months. If the institution which must transfer the management of a residential and long-term care centre is a legal person designated by the Minister under section 139, the Minister may allow the institution to retain ownership of the facilities used for the operation of the residential and long-term care centre and to grant, without claiming rent, a right of occupation of those facilities to the institution designated to ensure the continuity of operations.
The provisions of this section, adapted as required, apply to any other institution operating different centres of which the management, whether of all or part of any one centre, may in the same manner be transferred to another institution better able to further the efficient management of that centre and centres of the same nature in the territory concerned.
The provisions of this section do not apply unless the centre to be transferred by an institution is operated in facilities used exclusively for that centre.
1991, c. 42, s. 435; 1992, c. 21, s. 70; 1996, c. 36, s. 51.
435. The Minister may, to foster efficient management of the residential and long-term care centres operated in a territory defined in section 119, require an institution operating both a residential and long-term care centre and a hospital centre of 50 beds or more offering general and specialized care to transfer the management of all or part of its residential and long-term care centre to an institution referred to in section 119 which is designated for that purpose by the Minister.
The Minister, for the purposes of this section, shall in such cases be advised by the regional board and shall take into account the nature, the number or the special characteristics of the centres operated by the institutions concerned and the capacity and location of their facilities in the territory under consideration. The Minister must also give the institutions concerned an opportunity to submit their views.
The institutions concerned must take the necessary steps to implement the Minister’s decision within the following six months. If the institution which must transfer the management of a residential and long-term care centre is a corporation designated by the Minister under section 139, the Minister may allow the institution to retain ownership of the facilities used for the operation of the residential and long-term care centre and to grant, without claiming rent, a right of occupation of those facilities to the institution designated to ensure the continuity of operations.
The provisions of this section, adapted as required, apply to any other institution operating different centres of which the management, whether of all or part of any one centre, may in the same manner be transferred to another institution better able to further the efficient management of that centre and centres of the same nature in the territory concerned.
The provisions of this section do not apply unless the centre to be transferred by an institution is operated in facilities used exclusively for that centre.
1991, c. 42, s. 435; 1992, c. 21, s. 70.
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