S-4.2 - Act respecting health services and social services

Section 490 Disposition versions

2022-04-06

490. The Minister may, for a period not exceeding 180 days, assume the provisional administration of a public institution,

(1)  where the institution no longer holds a permit, no longer satisfies the conditions required for obtaining a permit, or if its permit has been cancelled in accordance with this Act;

(2)  where the institution’s permit has been suspended for failure to comply with an order of the Minister directing that certain remedial measures be taken within the time fixed under section 447;

(3)  where the institution indulges in practices or tolerates a situation which could endanger the health or welfare of persons whom the institution receives or could receive or which are inconsistent with the pursuit of the mission of the centre it operates;

(4)  where he considers that there has been a serious fault, such as embezzlement, breach of trust or other misconduct by one or more members of the board of directors or if the board is seriously remiss in the performance of its obligations under this Act, such as incurring expenditures not provided for in the budget of an institution or not specially authorized in accordance with this Act;

(5)  or where the institution has failed to obtain the authorization provided for in section 113;

(6)  where the institution is experiencing difficulties that seriously compromise either the quality of the health services or social services it offers or its administration, organization or operation.

The first paragraph applies, with the necessary modifications, to private institutions.

1991, c. 42, s. 490; 2011, c. 15, s. 74; 2022, c. 6, s. 36.

2011-06-13

490. The Minister may, for a period not exceeding 180 days, assume the provisional administration of a public institution,

(1)  where the institution no longer holds a permit, no longer satisfies the conditions required for obtaining a permit, or if its permit has been cancelled in accordance with this Act;

(2)  where the institution’s permit has been suspended for failure to comply with an order of the Minister directing that certain remedial measures be taken within the time fixed under section 447;

(3)  where the institution indulges in practices or tolerates a situation which could endanger the health or welfare of persons whom the institution receives or could receive or which are inconsistent with the pursuit of the mission of the centre it operates;

(4)  where he considers that there has been a serious fault, such as embezzlement, breach of trust or other misconduct by one or more members of the board of directors or if the board is seriously remiss in the performance of its obligations under this Act, such as incurring expenditures not provided for in the budget of an institution or not specially authorized in accordance with this Act;

(5)  or where the institution has failed to obtain the authorization provided for in section 113;

(6)  where the institution is experiencing difficulties that seriously compromise either the quality of the health services or social services it offers or its administration, organization or operation.

The first paragraph applies, with the necessary modifications, to private institutions under agreement.

1991, c. 42, s. 490; 2011, c. 15, s. 74.

1992-10-01

490. The Minister may, for a period not exceeding 120 days, assume the provisional administration of a public institution,

(1)  where the institution no longer holds a permit, no longer satisfies the conditions required for obtaining a permit, or if its permit has been cancelled in accordance with this Act;

(2)  where the institution’s permit has been suspended for failure to comply with an order of the Minister directing that certain remedial measures be taken within the time fixed under section 447;

(3)  where the institution indulges in practices or tolerates a situation which could endanger the health or welfare of persons whom the institution receives or could receive or which are inconsistent with the pursuit of the mission of the centre it operates;

(4)  where he considers that there has been a serious fault, such as embezzlement, breach of trust or other misconduct by one or more members of the board of directors or if the board is seriously remiss in the performance of its obligations under this Act, such as incurring expenditures not provided for in the budget of an institution or not specially authorized in accordance with this Act;

(5)  or where the institution has failed to obtain the authorization provided for in section 113.

The first paragraph applies, with the necessary modifications, to private institutions under agreement.

1991, c. 42, s. 490.