S-5 - Act respecting health services and social services for Cree Native persons

Section 173 Disposition versions

1999-10-22

173. In addition to the other regulatory powers assigned to it by this Act, the Government may make regulations to:

(a)  establish, within each category of institutions fixed by this Act, classes of institutions and, within each of those classes, kinds of institutions, and determine the activities that each of such classes or kinds of institutions may carry on and prescribe the by-laws which a regional council or an institution may or must make;

(a.1)  establish categories of foster families and determine the activities they may carry on;

(a.2)  determine the activities a pavilion and group home may carry on;

(b)  rule on the establishment of the records of beneficiaries, the essential elements and documents of these records, their examination and their photographic reproduction;

(c)  determine the modalities of registration for hospitalization or for diagnostic purposes, admission, transfer and discharge of beneficiaries in an institution or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of institution or the category of the foster family and the necessity of establishing a program of intervention;

(c.1)  provide for the creation of admissions committees by regional institutions and councils and establish their function and minimum composition requirements;

(d)  determine the criteria relating to the residence of beneficiaries;

(e)  determine for an institution or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by institutions and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private institution not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of institution indicated by it, the divisions, services and departments to be included in the organization plan of an institution, the functions of the head of each such division, service and department and, as the case may be, his qualifications and the form and content of the organization plan and the methods or rules according to which it must be prepared;

(i.0.1)  determine, in the case of a regional council, the form and content of the regional medical and dental staffing plan and the methods and rules according to which it must be prepared;

(i.0.2)  determine, for the purposes of the preparation of a regional medical and dental staffing plan or of an organization plan of an institution, the methods or rules relating to the computation of the medical and dental staff, which may vary according to regions, to the categories, classes or kinds of institutions, and to the activities of an institution;

(i.1)  determine, in the case of institutions other than hospital centres, the mode of appointment of the heads of divisions, services or departments contemplated in paragraph i and the person or authority appointing them;

(i.2)  determine, in the case of hospital centres, the mode of appointment of the head of the pharmacy department and the pharmacists as well as the person or authority appointing them;

(i.3)  identify, in the case of institutions other than hospital centres, divisions, services or departments for which the organization plan of an institution, instead of providing that they be set up, may provide for the designation of a person responsible for the activities that would be carried on in such a division, service or department;

(i.4)  provide, in the case of a hospital centre, for the designation of a person responsible for activities to be carried on in the radiology clinical department, in the clinical department of medical biology laboratories, and in the pharmacy department;

(i.5)  determine the functions and required qualifications of the person responsible contemplated in paragraphs i.3 and i.4, his mode of appointment and the person or authority who or which appoints him;

(i.6)  designate the hospital centres the organization plan of which must include the establishment of a community health department;

(j)  determine the status that the board of directors of hospital centres may grant to physicians, dentists and pharmacists, the conditions upon which the status is granted, the powers related to the status and the standards relating to the granting of privileges to a physician or a dentist;

(j.1)  determine the committees that the council of physicians, dentists and pharmacists of a hospital centre is to establish, the functions of these committees, standards relating to their composition, the mode of appointment of their members and the operation of the committees, and standards relating to the establishment, transmission and the person responsible for keeping the records of the committees;

(j.2)  determine the procedure according to which disciplinary measures may be taken by the board of directors of a hospital centre in respect of a physician, a dentist or a pharmacist, and the circumstances in which such measures may be imposed;

(j.3)  determine the person or authority who or which may suspend the privileges of a physician or a dentist, or the status of a pharmacist, in case of emergency, and the procedure applicable for such a suspension;

(k)  determine, for each category and class of institutions, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an institution to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the functions and powers of the committees, their operating rules, their composition, the qualifications of their members and the mode of their appointment;

(m)  prescribe standards respecting the accounting, finance, and budgets of regional councils, public institutions and of private institutions contemplated in section 177, particularly in respect of

i.  the master budget contemplated in section 178;

ii.  the preparation of the itemized budget and the plan to balance the budget contemplated in section 178 and the date they are to be submitted to the Minister and, in the case of an institution, to the regional council concerned;

iii.  the items of the itemized budget or of the plan for which the approval of the Minister is required before their implementation;

iv.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an institution or a regional council is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

v.  the modalities of payment of the sums to be paid to the regional councils and the institutions by the Minister;

vi.  the use of the revenues by a regional council or an institution, that is, the portion of those revenues that is to be set off against expenses or returned to the Minister and the portion to be kept or, in the case of an institution, to be paid to the regional council concerned to be used for such purposes as the regulation prescribes or allows the Minister to prescribe;

(n)  determine, in respect of institutions or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an institution or a regional council to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(o.1)  determine the items of information with respect to financial statements that a public institution or a regional council must make public at the time of the annual public information meeting held by it and the form in which they are to be presented;

(p)  (subparagraph repealed);

(q)  determine the categories or classes of institutions that must offer emergency services to beneficiaries who require such services, prescribe the cases where beneficiaries are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a beneficiary in an emergency service, and provide for the measures to be taken by an institution in case of disaster;

(r)  prescribe the measures to be adopted by every institution and regional council as well as every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between an institution or regional council and a person or enterprise in which such persons hold a direct or indirect interest;

(s)  determine the cases, conditions or circumstances where an institution that cannot itself carry out diagnostic tests must entrust the institutions or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the institution must supply to the regional council concerned to obtain authorization to use another laboratory.

The Government may, by regulation, for any region it indicates, designate which of the establishments recognized under paragraph f of section 113 of the Charter of the French language (chapter C-11) are required to make their health services and social services available in the English language to the persons contemplated in section 5.1.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least 60 days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98; 1982, c. 58, s. 73; 1983, c. 38, s. 77; 1983, c. 54, s. 76; 1984, c. 47, s. 184; 1986, c. 57, s. 5; 1986, c. 57, s. 6; 1986, c. 106, s. 10; 1987, c. 104, s. 13; 1992, c. 21, s. 375; 1999, c. 40, s. 270.

1999-04-01

173. In addition to the other regulatory powers assigned to it by this Act, the Government may make regulations to:

(a)  establish, within each category of institutions fixed by this Act, classes of institutions and, within each of those classes, kinds of institutions, and determine the activities that each of such classes or kinds of institutions may carry on and prescribe the by-laws which a regional council or an institution may or must make;

(a.1)  establish categories of foster families and determine the activities they may carry on;

(a.2)  determine the activities a pavilion and group home may carry on;

(b)  rule on the establishment of the records of beneficiaries, the essential elements and documents of these records, their examination and their photographic reproduction;

(c)  determine the modalities of registration for hospitalization or for diagnostic purposes, admission, transfer and discharge of beneficiaries in an institution or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of institution or the category of the foster family and the necessity of establishing a program of intervention;

(c.1)  provide for the creation of admissions committees by regional institutions and councils and establish their function and minimum composition requirements;

(d)  determine the criteria relating to the residence of beneficiaries;

(e)  determine for an institution or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by institutions and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private institution not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of institution indicated by it, the divisions, services and departments to be included in the organization plan of an institution, the functions of the head of each such division, service and department and, as the case may be, his qualifications and the form and content of the organization plan and the methods or rules according to which it must be prepared;

(i.0.1)  determine, in the case of a regional council, the form and content of the regional medical and dental staffing plan and the methods and rules according to which it must be prepared;

(i.0.2)  determine, for the purposes of the preparation of a regional medical and dental staffing plan or of an organization plan of an institution, the methods or rules relating to the computation of the medical and dental staff, which may vary according to regions, to the categories, classes or kinds of institutions, and to the activities of an institution;

(i.1)  determine, in the case of institutions other than hospital centres, the mode of appointment of the heads of divisions, services or departments contemplated in paragraph i and the person or authority appointing them;

(i.2)  determine, in the case of hospital centres, the mode of appointment of the head of the pharmacy department and the pharmacists as well as the person or authority appointing them;

(i.3)  identify, in the case of institutions other than hospital centres, divisions, services or departments for which the organization plan of an institution, instead of providing that they be set up, may provide for the designation of a person responsible for the activities that would be carried on in such a division, service or department;

(i.4)  provide, in the case of a hospital centre, for the designation of a person responsible for activities to be carried on in the radiology clinical department, in the clinical department of medical biology laboratories, and in the pharmacy department;

(i.5)  determine the functions and required qualifications of the person responsible contemplated in paragraphs i.3 and i.4, his mode of appointment and the person or authority who or which appoints him;

(i.6)  designate the hospital centres the organization plan of which must include the establishment of a community health department;

(j)  determine the status that the board of directors of hospital centres may grant to physicians, dentists and pharmacists, the conditions upon which the status is granted, the powers related to the status and the standards relating to the granting of privileges to a physician or a dentist;

(j.1)  determine the committees that the council of physicians, dentists and pharmacists of a hospital centre is to establish, the functions of these committees, standards relating to their composition, the mode of appointment of their members and the operation of the committees, and standards relating to the establishment, transmission and the person responsible for keeping the records of the committees;

(j.2)  determine the procedure according to which disciplinary measures may be taken by the board of directors of a hospital centre in respect of a physician, a dentist or a pharmacist, and the circumstances in which such measures may be imposed;

(j.3)  determine the person or authority who or which may suspend the privileges of a physician or a dentist, or the status of a pharmacist, in case of emergency, and the procedure applicable for such a suspension;

(k)  determine, for each category and class of institutions, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an institution to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the functions and powers of the committees, their operating rules, their composition, the qualifications of their members and the mode of their appointment;

(m)  prescribe standards respecting the accounting, finance, and budgets of regional councils, public institutions and of private institutions contemplated in section 177, particularly in respect of

i.  the master budget contemplated in section 178;

ii.  the preparation of the itemized budget and the plan to balance the budget contemplated in section 178 and the date they are to be submitted to the Minister and, in the case of an institution, to the regional council concerned;

iii.  the items of the itemized budget or of the plan for which the approval of the Minister is required before their implementation;

iv.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an institution or a regional council is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

v.  the modalities of payment of the sums to be paid to the regional councils and the institutions by the Minister;

vi.  the use of the revenues by a regional council or an institution, that is, the portion of those revenues that is to be set off against expenses or returned to the Minister and the portion to be kept or, in the case of an institution, to be paid to the regional council concerned to be used for such purposes as the regulation prescribes or allows the Minister to prescribe;

(n)  determine, in respect of institutions or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an institution or a regional council to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(o.1)  determine the items of information with respect to financial statements that a public institution or a regional council must make public at the time of the annual public information meeting held by it and the form in which they are to be presented;

(p)  (subparagraph repealed);

(q)  determine the categories or classes of institutions that must offer emergency services to beneficiaries who require such services, prescribe the cases where beneficiaries are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a beneficiary in an emergency service, and provide for the measures to be taken by an institution in case of disaster;

(r)  prescribe the measures to be adopted by every institution and regional council as well as every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between an institution or regional council and a person or firm in which such persons hold a direct or indirect interest;

(s)  determine the cases, conditions or circumstances where an institution that cannot itself carry out diagnostic tests must entrust the institutions or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the institution must supply to the regional council concerned to obtain authorization to use another laboratory.

The Government may, by regulation, for any region it indicates, designate which of the establishments recognized under paragraph f of section 113 of the Charter of the French language (chapter C-11) are required to make their health services and social services available in the English language to the persons contemplated in section 5.1.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least 60 days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98; 1982, c. 58, s. 73; 1983, c. 38, s. 77; 1983, c. 54, s. 76; 1984, c. 47, s. 184; 1986, c. 57, s. 5; 1986, c. 57, s. 6; 1986, c. 106, s. 10; 1987, c. 104, s. 13; 1992, c. 21, s. 375.

1987-12-28

173. In addition to the other regulatory powers assigned to it by this Act, the Government may make regulations to:

(a)  establish, within each category of establishments fixed by this Act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(a.1)  establish categories of foster families and determine the activities they may carry on;

(a.2)  determine the activities a pavilion and group home may carry on;

(b)  rule on the establishment of the records of beneficiaries, the essential elements and documents of these records, their examination and their photographic reproduction;

(c)  determine the modalities of registration for hospitalization or for diagnostic purposes, admission, transfer and discharge of beneficiaries in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and the necessity of establishing a program of intervention;

(c.1)  provide for the creation of admissions committees by regional establishments and councils and establish their function and minimum composition requirements;

(d)  determine the criteria relating to the residence of beneficiaries;

(e)  determine for an establishment or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private establishment not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of establishment indicated by it, the divisions, services and departments to be included in the organization plan of an establishment, the functions of the head of each such division, service and department and, as the case may be, his qualifications and the form and content of the organization plan and the methods or rules according to which it must be prepared;

(i.0.1)  determine, in the case of a regional council, the form and content of the regional medical and dental staffing plan and the methods and rules according to which it must be prepared;

(i.0.2)  determine, for the purposes of the preparation of a regional medical and dental staffing plan or of an organization plan of an establishment, the methods or rules relating to the computation of the medical and dental staff, which may vary according to regions, to the categories, classes or kinds of establishments, and to the activities of an establishment;

(i.1)  determine, in the case of establishments other than hospital centres, the mode of appointment of the heads of divisions, services or departments contemplated in paragraph i and the person or authority appointing them;

(i.2)  determine, in the case of hospital centres, the mode of appointment of the head of the pharmacy department and the pharmacists as well as the person or authority appointing them;

(i.3)  identify, in the case of establishments other than hospital centres, divisions, services or departments for which the organization plan of an establishment, instead of providing that they be set up, may provide for the designation of a person responsible for the activities that would be carried on in such a division, service or department;

(i.4)  provide, in the case of a hospital centre, for the designation of a person responsible for activities to be carried on in the radiology clinical department, in the clinical department of medical biology laboratories, and in the pharmacy department;

(i.5)  determine the functions and required qualifications of the person responsible contemplated in paragraphs i.3 and i.4, his mode of appointment and the person or authority who or which appoints him;

(i.6)  designate the hospital centres the organization plan of which must include the establishment of a community health department;

(j)  determine the status that the board of directors of hospital centres may grant to physicians, dentists and pharmacists, the conditions upon which the status is granted, the powers related to the status and the standards relating to the granting of privileges to a physician or a dentist;

(j.1)  determine the committees that the council of physicians, dentists and pharmacists of a hospital centre is to establish, the functions of these committees, standards relating to their composition, the mode of appointment of their members and the operation of the committees, and standards relating to the establishment, transmission and the person responsible for keeping the records of the committees;

(j.2)  determine the procedure according to which disciplinary measures may be taken by the board of directors of a hospital centre in respect of a physician, a dentist or a pharmacist, and the circumstances in which such measures may be imposed;

(j.3)  determine the person or authority who or which may suspend the privileges of a physician or a dentist, or the status of a pharmacist, in case of emergency, and the procedure applicable for such a suspension;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an establishment to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the functions and powers of the committees, their operating rules, their composition, the qualifications of their members and the mode of their appointment;

(m)  prescribe standards respecting the accounting, finance, and budgets of regional councils, public establishments and of private establishments contemplated in section 177, particularly in respect of

i.  the master budget contemplated in section 178;

ii.  the preparation of the itemized budget and the plan to balance the budget contemplated in section 178 and the date they are to be submitted to the Minister and, in the case of an establishment, to the regional council concerned;

iii.  the items of the itemized budget or of the plan for which the approval of the Minister is required before their implementation;

iv.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an establishment or a regional council is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

v.  the modalities of payment of the sums to be paid to the regional councils and the establishments by the Minister;

vi.  the use of the revenues by a regional council or an establishment, that is, the portion of those revenues that is to be set off against expenses or returned to the Minister and the portion to be kept or, in the case of an establishment, to be paid to the regional council concerned to be used for such purposes as the regulation prescribes or allows the Minister to prescribe;

(n)  determine, in respect of establishments or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an establishment or a regional council to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(o.1)  determine the items of information with respect to financial statements that a public establishment or a regional council must make public at the time of the annual public information meeting held by it and the form in which they are to be presented;

(p)  (subparagraph repealed);

(q)  determine the categories or classes of establishments that must offer emergency services to beneficiaries who require such services, prescribe the cases where beneficiaries are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a beneficiary in an emergency service, and provide for the measures to be taken by an establishment in case of disaster;

(r)  prescribe the measures to be adopted by every establishment and regional council as well as every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between an establishment or regional council and a person or firm in which such persons hold a direct or indirect interest;

(s)  determine the cases, conditions or circumstances where an establishment that cannot itself carry out diagnostic tests must entrust the establishments or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the establishment must supply to the regional council concerned to obtain authorization to use another laboratory.

The Government may, by regulation, for any region it indicates, designate which of the establishments recognized under paragraph f of section 113 of the Charter of the French language (chapter C-11) are required to make their health services and social services available in the English language to the persons contemplated in section 5.1.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least 60 days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98; 1982, c. 58, s. 73; 1983, c. 38, s. 77; 1983, c. 54, s. 76; 1984, c. 47, s. 184; 1986, c. 57, s. 5; 1986, c. 57, s. 6; 1986, c. 106, s. 10; 1987, c. 104, s. 13.

1987-11-25

173. In addition to the other regulatory powers assigned to it by this Act, the Government may make regulations to:

(a)  establish, within each category of establishments fixed by this Act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(a.1)  establish categories of foster families and determine the activities they may carry on;

(a.2)  determine the activities a pavilion and group home may carry on;

(b)  rule on the establishment of the records of beneficiaries, the essential elements and documents of these records, their examination and their photographic reproduction;

(c)  determine the modalities of registration for hospitalization or for diagnostic purposes, admission, transfer and discharge of beneficiaries in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and the necessity of establishing a program of intervention;

(c.1)  provide for the creation of admissions committees by regional establishments and councils and establish their function and minimum composition requirements;

(d)  determine the criteria relating to the residence of beneficiaries;

(e)  determine for an establishment or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private establishment not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of establishment indicated by it, the divisions, services and departments to be included in the organization plan of an establishment, the functions of the head of each such division, service and department and, as the case may be, his qualifications and the form and content of the organization plan and the methods or rules according to which it must be prepared;

(i.0.1)  determine, in the case of a regional council, the form and content of the regional medical and dental staffing plan and the methods and rules according to which it must be prepared;

(i.0.2)  determine, for the purposes of the preparation of a regional medical and dental staffing plan or of an organization plan of an establishment, the methods or rules relating to the computation of the medical and dental staff, which may vary according to regions, to the categories, classes or kinds of establishments, and to the activities of an establishment;

(i.1)  determine, in the case of establishments other than hospital centres, the mode of appointment of the heads of divisions, services or departments contemplated in paragraph i and the person or authority appointing them;

(i.2)  determine, in the case of hospital centres, the mode of appointment of the head of the pharmacy department and the pharmacists as well as the person or authority appointing them;

(i.3)  identify, in the case of establishments other than hospital centres, divisions, services or departments for which the organization plan of an establishment, instead of providing that they be set up, may provide for the designation of a person responsible for the activities that would be carried on in such a division, service or department;

(i.4)  provide, in the case of a hospital centre, for the designation of a person responsible for activities to be carried on in the radiology clinical department, in the clinical department of medical biology laboratories, and in the pharmacy department;

(i.5)  determine the functions and required qualifications of the person responsible contemplated in paragraphs i.3 and i.4, his mode of appointment and the person or authority who or which appoints him;

(i.6)  designate the hospital centres the organization plan of which must include the establishment of a community health department;

(j)  determine the status that the board of directors of hospital centres may grant to physicians, dentists and pharmacists, the conditions upon which the status is granted, the powers related to the status and the standards relating to the granting of privileges to a physician or a dentist;

(j.1)  determine the committees that the council of physicians, dentists and pharmacists of a hospital centre is to establish, the functions of these committees, standards relating to their composition, the mode of appointment of their members and the operation of the committees, and standards relating to the establishment, transmission and the person responsible for keeping the records of the committees;

(j.2)  determine the procedure according to which disciplinary measures may be taken by the board of directors of a hospital centre in respect of a physician, a dentist or a pharmacist, and the circumstances in which such measures may be imposed;

(j.3)  determine the person or authority who or which may suspend the privileges of a physician or a dentist, or the status of a pharmacist, in case of emergency, and the procedure applicable for such a suspension;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an establishment to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the functions and powers of the committees, their operating rules, their composition, the qualifications of their members and the mode of their appointment;

(m)  prescribe standards respecting the accounting, finance, and budgets of regional councils, public establishments and of private establishments contemplated in section 177, particularly in respect of

i.  the master budget contemplated in section 178;

ii.  the preparation of the itemized budget and the plan to balance the budget contemplated in section 178 and the date they are to be submitted to the Minister and, in the case of an establishment, to the regional council concerned;

iii.  the items of the itemized budget or of the plan for which the approval of the Minister is required before their implementation;

iv.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an establishment or a regional council is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

v.  the modalities of payment of the sums to be paid to the regional councils and the establishments by the Minister;

vi.  the use of the revenues by a regional council or an establishment, that is, the portion of those revenues that is to be set off against expenses or returned to the Minister and the portion to be kept or, in the case of an establishment, to be paid to the regional council concerned to be used for such purposes as the regulation prescribes or allows the Minister to prescribe;

(n)  determine, in respect of establishments or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an establishment or a regional council to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(p)  (subparagraph repealed);

(q)  determine the categories or classes of establishments that must offer emergency services to beneficiaries who require such services, prescribe the cases where beneficiaries are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a beneficiary in an emergency service, and provide for the measures to be taken by an establishment in case of disaster;

(r)  prescribe the measures to be adopted by every establishment and regional council as well as every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between an establishment or regional council and a person or firm in which such persons hold a direct or indirect interest;

(s)  determine the cases, conditions or circumstances where an establishment that cannot itself carry out diagnostic tests must entrust the establishments or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the establishment must supply to the regional council concerned to obtain authorization to use another laboratory.

The Government may, by regulation, for any region it indicates, designate which of the establishments recognized under paragraph f of section 113 of the Charter of the French language (chapter C-11) are required to make their health services and social services available in the English language to the persons contemplated in section 5.1.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least 60 days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98; 1982, c. 58, s. 73; 1983, c. 38, s. 77; 1983, c. 54, s. 76; 1984, c. 47, s. 184; 1986, c. 57, s. 5; 1986, c. 57, s. 6; 1986, c. 106, s. 10.

1986-08-09

173. In addition to the other regulatory powers assigned to it by this Act, the Government may make regulations to:

(a)  establish, within each category of establishments fixed by this Act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(a.1)  establish categories of foster families and determine the activities they may carry on;

(a.2)  determine the activities a pavilion and group home may carry on;

(b)  rule on the establishment of the records of beneficiaries, the essential elements and documents of these records, their examination and their photographic reproduction;

(c)  determine the modalities of registration for hospitalization or for diagnostic purposes, admission, transfer and discharge of beneficiaries in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and the necessity of establishing a program of intervention;

(c.1)  provide for the creation of admissions committees by regional establishments and councils and establish their function and minimum composition requirements;

(d)  determine the criteria relating to the residence of beneficiaries;

(e)  determine for an establishment or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private establishment not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of establishment indicated by it, the divisions, services and departments to be included in the organization plan of an establishment, the functions of the head of each such division, service and department and, as the case may be, his qualifications and the form and content of the organization plan and the methods or rules according to which it must be prepared;

(i.0.1)  determine, in the case of a regional council, the form and content of the regional medical and dental staffing plan and the methods and rules according to which it must be prepared;

(i.0.2)  determine, for the purposes of the preparation of a regional medical and dental staffing plan or of an organization plan of an establishment, the methods or rules relating to the computation of the medical and dental staff, which may vary according to regions, to the categories, classes or kinds of establishments, and to the activities of an establishment;

(i.1)  determine, in the case of establishments other than hospital centres, the mode of appointment of the heads of divisions, services or departments contemplated in paragraph i and the person or authority appointing them;

(i.2)  determine, in the case of hospital centres, the mode of appointment of the head of the pharmacy department and the pharmacists as well as the person or authority appointing them;

(i.3)  identify, in the case of establishments other than hospital centres, divisions, services or departments for which the organization plan of an establishment, instead of providing that they be set up, may provide for the designation of a person responsible for the activities that would be carried on in such a division, service or department;

(i.4)  provide, in the case of a hospital centre, for the designation of a person responsible for activities to be carried on in the radiology clinical department, in the clinical department of medical biology laboratories, and in the pharmacy department;

(i.5)  determine the functions and required qualifications of the person responsible contemplated in paragraphs i.3 and i.4, his mode of appointment and the person or authority who or which appoints him;

(i.6)  designate the hospital centres the organization plan of which must include the establishment of a community health department;

(j)  determine the status that the board of directors of hospital centres may grant to physicians, dentists and pharmacists, the conditions upon which the status is granted, the powers related to the status and the standards relating to the granting of privileges to a physician or a dentist;

(j.1)  determine the committees that the council of physicians, dentists and pharmacists of a hospital centre is to establish, the functions of these committees, standards relating to their composition, the mode of appointment of their members and the operation of the committees, and standards relating to the establishment, transmission and the person responsible for keeping the records of the committees;

(j.2)  determine the procedure according to which disciplinary measures may be taken by the board of directors of a hospital centre in respect of a physician, a dentist or a pharmacist, and the circumstances in which such measures may be imposed;

(j.3)  determine the person or authority who or which may suspend the privileges of a physician or a dentist, or the status of a pharmacist, in case of emergency, and the procedure applicable for such a suspension;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an establishment to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the functions and powers of the committees, their operating rules, their composition, the qualifications of their members and the mode of their appointment;

(m)  prescribe standards respecting the accounting, finance, and budgets of regional councils, public establishments and of private establishments contemplated in section 177, particularly in respect of

i.  the master budget contemplated in section 178;

ii.  the preparation of the itemized budget and the plan to balance the budget contemplated in section 178 and the date they are to be submitted to the Minister and, in the case of an establishment, to the regional council concerned;

iii.  the items of the itemized budget or of the plan for which the approval of the Minister is required before their implementation;

iv.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an establishment or a regional council is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

v.  the modalities of payment of the sums to be paid to the regional councils and the establishments by the Minister;

vi.  the use of the revenues by a regional council or an establishment, that is, the portion of those revenues that is to be set off against expenses or returned to the Minister and the portion to be kept or, in the case of an establishment, to be paid to the regional council concerned to be used for such purposes as the regulation prescribes or allows the Minister to prescribe;

(n)  determine, in respect of establishments or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an establishment or a regional council to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(p)  (subparagraph repealed);

(q)  determine the categories or classes of establishments that must offer emergency services to beneficiaries who require such services, prescribe the cases where beneficiaries are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a beneficiary in an emergency service, and provide for the measures to be taken by an establishment in case of disaster;

(r)  prescribe the measures to be adopted by every establishment and regional council as well as every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between an establishment or regional council and a person or firm in which such persons hold a direct or indirect interest;

(s)  determine the cases, conditions or circumstances where an establishment that cannot itself carry out diagnostic tests must entrust the establishments or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the establishment must supply to the regional council concerned to obtain authorization to use another laboratory.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least 60 days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98; 1982, c. 58, s. 73; 1983, c. 38, s. 77; 1983, c. 54, s. 76; 1984, c. 47, s. 184; 1986, c. 57, s. 5; 1986, c. 57, s. 6.

1984-12-21

173. In addition to the other regulatory powers assigned to it by this Act, the Government may make regulations to:

(a)  establish, within each category of establishments fixed by this Act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(a.1)  establish categories of foster families and determine the activities they may carry on;

(a.2)  determine the activities a pavilion and group home may carry on;

(b)  rule on the establishment of the records of recipients, the essential elements and documents of these records, their examination and their photographic reproduction;

(c)  determine the modalities of registration for hospitalization or for diagnostic purposes, admission, transfer and discharge of recipients in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and the necessity of establishing a program of intervention;

(c.1)  provide for the creation of admissions committees by regional establishments and councils and establish their function and minimum composition requirements;

(d)  determine the criteria relating to the residence of recipients;

(e)  determine for an establishment or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private establishment not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of establishment indicated by it, the divisions, services and departments to be included in the organization plan of an establishment, the functions of the head of each such division, service and department and, as the case may be, his qualifications;

(i.1)  determine, in the case of establishments other than hospital centres, the mode of appointment of the heads of divisions, services or departments contemplated in paragraph i and the person or authority appointing them;

(i.2)  determine, in the case of hospital centres, the mode of appointment of the head of the pharmacy department and the pharmacists as well as the person or authority appointing them;

(i.3)  identify, in the case of establishments other than hospital centres, divisions, services or departments for which the organization plan of an establishment, instead of providing that they be set up, may provide for the designation of a person responsible for the activities that would be carried on in such a division, service or department;

(i.4)  provide, in the case of a hospital centre, for the designation of a person responsible for activities to be carried on in the radiology clinical department, in the clinical department of medical biology laboratories, and in the pharmacy department;

(i.5)  determine the functions and required qualifications of the person responsible contemplated in paragraphs i.3 and i.4, his mode of appointment and the person or authority who or which appoints him;

(i.6)  designate the hospital centres the organization plan of which must include the establishment of a community health department;

(j)  determine the status that the board of directors of hospital centres may grant to physicians, dentists and pharmacists, the conditions upon which the status is granted, the powers related to the status and the standards relating to the granting of privileges to a physician or a dentist;

(j.1)  determine the committees that the council of physicians, dentists and pharmacists of a hospital centre is to establish, the functions of these committees, standards relating to their composition, the mode of appointment of their members and the operation of the committees, and standards relating to the establishment, transmission and the person responsible for keeping the records of the committees;

(j.2)  determine the procedure according to which disciplinary measures may be taken by the board of directors of a hospital centre in respect of a physician, a dentist or a pharmacist, and the circumstances in which such measures may be imposed;

(j.3)  determine the person or authority who or which may suspend the privileges of a physician or a dentist, or the status of a pharmacist, in case of emergency, and the procedure applicable for such a suspension;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an establishment to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the functions and powers of the committees, their operating rules, their composition, the qualifications of their members and the mode of their appointment;

(m)  prescribe standards respecting the accounting, finance, and budgets of regional councils, public establishments and of private establishments contemplated in section 177, particularly in respect of

i.  the master budget contemplated in section 178;

ii.  the preparation of the itemized budget and the plan to balance the budget contemplated in section 178 and the date they are to be submitted to the Minister and, in the case of an establishment, to the regional council concerned;

iii.  the items of the itemized budget or of the plan for which the approval of the Minister is required before their implementation;

iv.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an establishment or a regional council is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

v.  the modalities of payment of the sums to be paid to the regional councils and the establishments by the Minister;

vi.  the use of the revenues by a regional council or an establishment, that is, the portion of those revenues that is to be set off against expenses or returned to the Minister and the portion to be kept or, in the case of an establishment, to be paid to the regional council concerned to be used for such purposes as the regulation prescribes or allows the Minister to prescribe;

(n)  determine, in respect of establishments or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an establishment or a regional council to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(p)  (subparagraph repealed);

(q)  determine the categories or classes of establishments that must offer emergency services to recipients who require such services, prescribe the cases where recipients are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a recipient in an emergency service, and provide for the measures to be taken by an establishment in case of disaster;

(r)  prescribe the measures to be adopted by every establishment and regional council as well as every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between an establishment or regional council and a person or firm in which such persons hold a direct or indirect interest;

(s)  determine the cases, conditions or circumstances where an establishment that cannot itself carry out diagnostic tests must entrust the establishments or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the establishment must supply to the regional council concerned to obtain authorization to use another laboratory.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least 60 days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98; 1982, c. 58, s. 73; 1983, c. 38, s. 77; 1983, c. 54, s. 76; 1984, c. 47, s. 184.

1983-12-22

173. In addition to the other regulatory powers assigned to it by this act, the Government may make regulations to:

(a)  establish categories of foster families and, within each category of establishments fixed by this act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(b)  rule on the essential elements and documents of the records of the recipients, the examination of records and their photographic reproduction;

(c)  determine the modalities of registration for hospitalization or for diagnostic purposes, admission, transfer and discharge of recipients in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and the necessity of establishing a program of intervention;

(c.1)  provide for the creation of admissions committees by regional establishments and councils and establish their function and minimum composition requirements;

(d)  determine the criteria relating to the residence of recipients;

(e)  determine for an establishment or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private establishment not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of establishment indicated by it, the divisions, services and departments to be included in the organization plan of an establishment, the functions of the head of each such division, service and department and, as the case may be, his qualifications;

(j)  determine the status that the board of directors of hospital centres may grant to physicians, dentists and pharmacists and the privileges that it may grant to a physician or a dentist;

(j.1)  determine the committees that the council of physicians and dentists of a hospital centre is to establish, the functions of these committees and, if necessary, their composition;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an establishment to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the composition of the committees, their functions and powers, their operating rules and the qualifications of their members;

(m)  prescribe standards respecting the accounting, finance, and budgets of regional councils, public establishments and of private establishments contemplated in section 177, particularly in respect of

i.  the master budget contemplated in section 178;

ii.  the preparation of the itemized budget and the plan to balance the budget contemplated in section 178 and the date they are to be submitted to the Minister and, in the case of an establishment, to the regional council concerned;

iii.  the items of the itemized budget or of the plan for which the approval of the Minister is required before their implementation;

iv.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an establishment or a regional council is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

v.  the modalities of payment of the sums to be paid to the regional councils and the establishments by the Minister;

vi.  the use of the revenues by a regional council or an establishment, that is, the portion of those revenues that is to be set off against expenses or returned to the Minister and the portion to be kept or, in the case of an establishment, to be paid to the regional council concerned to be used for such purposes as the regulation prescribes or allows the Minister to prescribe;

(n)  determine, in respect of establishments or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an establishment or a regional council to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(p)  (subparagraph repealed);

(q)  determine the hospital centres that must offer and maintain an uninterrupted emergency service, prescribe the cases where recipients are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a recipient in an emergency service, and provide for the measures to be taken by an establishment in case of disaster;

(r)  prescribe the rules to be observed by every establishment and every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between those establishments and foster families or firms in which such persons hold a direct or indirect interest, and determine the measures the establishment or the Minister may take in that respect;

(s)  determine the cases, conditions or circumstances where an establishment that cannot itself carry out diagnostic tests must entrust the establishments or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the establishment must supply to the regional council concerned to obtain authorization to use another laboratory.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least sixty days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 153, 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98; 1982, c. 58, s. 73; 1983, c. 38, s. 77; 1983, c. 54, s. 76.

1983-12-21

173. In addition to the other regulatory powers assigned to it by this act, the Government may make regulations to:

(a)  establish categories of foster families and, within each category of establishments fixed by this act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(b)  rule on the essential elements and documents of the records of the recipients, the examination of records and their photographic reproduction;

(c)  determine the formalities of registration, admission and discharge of recipients in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and determine the terms and conditions of the creation of admission committees in reception centres and hospital centres;

(d)  determine the criteria relating to the residence of recipients;

(e)  determine for an establishment or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private establishment not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of establishment indicated by it, the divisions, services and departments to be included in the organization plan of an establishment, the functions of the head of each such division, service and department and, as the case may be, his qualifications;

(j)  determine the status and privileges that the board of directors of hospital centres may grant to physicians and dentists;

(j.1)  determine the committees that the council of physicians and dentists of a hospital centre is to establish, the functions of these committees and, if necessary, their composition;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an establishment to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the composition of the committees, their functions and powers, their operating rules and the qualifications of their members;

(m)  prescribe standards respecting the accounting, finance, and budgets of regional councils, public establishments and of private establishments contemplated in section 177, particularly in respect of

i.  the master budget contemplated in section 178;

ii.  the preparation of the itemized budget and the plan to balance the budget contemplated in section 178 and the date they are to be submitted to the Minister and, in the case of an establishment, to the regional council concerned;

iii.  the items of the itemized budget or of the plan for which the approval of the Minister is required before their implementation;

iv.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an establishment or a regional council is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

v.  the modalities of payment of the sums to be paid to the regional councils and the establishments by the Minister;

vi.  the use of the revenues by a regional council or an establishment, that is, the portion of those revenues that is to be set off against expenses or returned to the Minister and the portion to be kept or, in the case of an establishment, to be paid to the regional council concerned to be used for such purposes as the regulation prescribes or allows the Minister to prescribe;

(n)  determine, in respect of establishments or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an establishment or a regional council to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(p)  repealed;

(q)  determine the hospital centres that must offer and maintain an uninterrupted emergency service, prescribe the cases where recipients are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a recipient in an emergency service, and provide for the measures to be taken by an establishment in case of disaster;

(r)  prescribe the rules to be observed by every establishment and every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between those establishments and foster families or firms in which such persons hold a direct or indirect interest, and determine the measures the establishment or the Minister may take in that respect;

(s)  determine the cases, conditions or circumstances where an establishment that cannot itself carry out diagnostic tests must entrust the establishments or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the establishment must supply to the regional council concerned to obtain authorization to use another laboratory.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least sixty days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 153, 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98; 1982, c. 58, s. 73; 1983, c. 38, s. 77.

1982-12-16

173. In addition to the other regulatory powers assigned to it by this act, the Government may make regulations to:

(a)  establish categories of foster families and, within each category of establishments fixed by this act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(b)  rule on the essential elements and documents of the records of the recipients, the keeping and examination of records and their photographic reproduction;

(c)  determine the formalities of registration, admission and discharge of recipients in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and determine the terms and conditions of the creation of admission committees in reception centres and hospital centres;

(d)  determine the criteria relating to the residence of recipients;

(e)  determine for an establishment or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private establishment not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of establishment indicated by it, the divisions, services and departments to be included in the organization plan of an establishment, the functions of the head of each such division, service and department and, as the case may be, his qualifications;

(j)  determine the status and privileges that the board of directors of hospital centres may grant to physicians and dentists;

(j.1)  determine the committees that the council of physicians and dentists of a hospital centre is to establish, the functions of these committees and, if necessary, their composition;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an establishment to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the composition of the committees, their functions and powers, their operating rules and the qualifications of their members;

(m)  prescribe standards respecting the accounting, finance, and budgets of regional councils, public establishments and of private establishments contemplated in section 177, particularly in respect of

i.  the master budget contemplated in section 178;

ii.  the preparation of the itemized budget and the plan to balance the budget contemplated in section 178 and the date they are to be submitted to the Minister and, in the case of an establishment, to the regional council concerned;

iii.  the items of the itemized budget or of the plan for which the approval of the Minister is required before their implementation;

iv.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an establishment or a regional council is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

v.  the modalities of payment of the sums to be paid to the regional councils and the establishments by the Minister;

vi.  the use of the revenues by a regional council or an establishment, that is, the portion of those revenues that is to be set off against expenses or returned to the Minister and the portion to be kept or, in the case of an establishment, to be paid to the regional council concerned to be used for such purposes as the regulation prescribes or allows the Minister to prescribe;

(n)  determine, in respect of establishments or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an establishment or a regional council to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(p)  repealed;

(q)  determine the hospital centres that must offer and maintain an uninterrupted emergency service, prescribe the cases where recipients are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a recipient in an emergency service, and provide for the measures to be taken by an establishment in case of disaster;

(r)  prescribe the rules to be observed by every establishment and every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between those establishments and foster families or firms in which such persons hold a direct or indirect interest, and determine the measures the establishment or the Minister may take in that respect;

(s)  determine the cases, conditions or circumstances where an establishment that cannot itself carry out diagnostic tests must entrust the establishments or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the establishment must supply to the regional council concerned to obtain authorization to use another laboratory.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least sixty days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 153, 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98; 1982, c. 58, s. 73.

1981-12-19

173. In addition to the other regulatory powers assigned to it by this act, the Government may make regulations to:

(a)  establish categories of foster families and, within each category of establishments fixed by this act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(b)  rule on the essential elements and documents of the records of the recipients, the keeping and examination of records and their photographic reproduction;

(c)  determine the formalities of registration, admission and discharge of recipients in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and determine the terms and conditions of the creation of admission committees in reception centres and hospital centres;

(d)  determine the criteria relating to the residence of recipients;

(e)  determine for an establishment or a foster family in matters of hygiene, sanitation and safety,

i.  the minimum conditions to be complied with;

ii.  the cases and circumstances in which measures must be taken;

iii.  those measures, where required;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the form and content of the application for issuing or renewing permits, the qualifications required of a person applying for a permit or its renewal, the requirements that person must meet and the information and documents he must furnish;

(h)  require, in the case of a private establishment not contemplated in sections 176 and 177, that the permit holder give security at the time of its issuance, and determine the amount, form and term of the security and the modalities of its collection, payment, administration and use;

(i)  determine, according to the category of establishment indicated by it, the divisions, services and departments to be included in the organization plan of an establishment, the functions of the head of each such division, service and department and, as the case may be, his qualifications;

(j)  determine the status and privileges that the board of directors of hospital centres may grant to physicians and dentists;

(j.1)  determine the committees that the council of physicians and dentists of a hospital centre is to establish, the functions of these committees and, if necessary, their composition;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  prescribe the obligation for the board of directors of an establishment to establish an auditing committee and, in the case of a hospital centre, an advisory committee to the general management, and determine the composition of the committees, their functions and powers, their operating rules and the qualifications of their members;

(m)  prescribe standards respecting the accounting, finance, and budgets of public establishments and of private establishments under agreement, particularly in respect of

i.  the preparation of the budgetary estimates and the date they are to be submitted to the board of directors;

ii.  the approval of the budget by the Minister;

iii.  allowable expenses for financing by the Minister, the activities with which they are connected and the cases or circumstances in which an establishment is entitled, in addition to the financing of its allowable expenses, to the reimbursement by the Minister of other expenses specified in the regulation;

iv.  the modalities of payment of the sums to be paid to the establishments by the Minister;

v.  the use of the revenues by the establishment, that is, the portion of those revenues that is to be returned to the Minister, used for such purpose as the latter prescribes, set off against expenses or paid to the regional council concerned;

(n)  determine, in respect of establishments or regional councils,

i.  the standards governing fees or costs for the supply of goods or services, the accepting of gifts, and endowment funds or funds for special uses;

ii.  the cases or circumstances in which the authorization of the Minister or of the regional council is required, in connection with the matters referred to in this paragraph;

(o)  compel an establishment to appoint an auditor for its financial statements or to use the services of an auditor appointed exofficio by the Minister and determine

i.  the matters with which the auditor’s report is to deal;

ii.  the time at which the report is to be sent to the board of directors and the Minister;

iii.  the modalities of acceptance or refusal of the report by the board of directors;

(p)  determine the standards governing borrowings by public establishments or private establishments contemplated in sections 176 and 177, and require that such an establishment obtain the authorization of the Minister to borrow money by any means recognized by law, and that it supply to the Minister, directly or through a financial institution with which it does business, all the information regarding its financial situation at the time such authorization is requested;

(q)  determine the hospital centres that must offer and maintain an uninterrupted emergency service, prescribe the cases where recipients are entitled to receive emergency services and, as the case may be, determine the care these services include, fix the maximum period for the occupancy of a bed by a recipient in an emergency service, and provide for the measures to be taken by an establishment in case of disaster;

(r)  prescribe the rules to be observed by every establishment and every person holding an employment or carrying on an occupation therein in order to preclude or cause to cease conflicts of interest to which occasion might be given by the award of contracts between those establishments and foster families or firms in which such persons hold a direct or indirect interest, and determine the measures the establishment or the Minister may take in that respect;

(s)  determine the cases, conditions or circumstances where an establishment that cannot itself carry out diagnostic tests must entrust the establishments or laboratories indicated by it with such tests and, when these cannot carry them out, specify the information the establishment must supply to the regional council concerned to obtain authorization to use another laboratory.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least sixty days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 153, 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44; 1981, c. 22, s. 98.

1979-02-01

173. In addition to the other regulatory powers assigned to it by this act, the Government may make regulations to:

(a)  establish categories of foster families and, within each category of establishments fixed by this act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(b)  rule on the essential elements and documents of the records of the recipients, the keeping and examination of records and their photographic reproduction;

(c)  determine the formalities of registration, admission and discharge of recipients in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and determine the terms and conditions of the creation of admission committees in reception centres and hospital centres;

(d)  determine the criteria relating to the residence of recipients;

(e)  fix the minimum conditions of hygiene, salubrity and security to be complied with by establishments and foster families;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the conditions which any person applying for a permit must fulfil and the information he must furnish;

(h)  determine the form and tenor of the permits and fix the fees exigible for their issue;

(i)  determine standards as to the compulsory elements of the organization plans and budgets of establishments, especially, regarding organization plans, as to the administration and finance of establishments, and subject, as to physicians and dentist, to the agreements entered into under the Health Insurance Act (chapter A-29), professional activity, and, regarding budgets, as to authorized expenses and supply contracts, and specify the terms and conditions as well as the effects of approval by the Minister;

(j)  compel every establishment to give access to an official auditor appointed by the Minister or to obtain the authorization of the Minister or of the regional council, as the case may be, in connection with the borrowings made by the establishment, with the endowment fund, with the accepting of a gift subject to conditions or with building or alteration projects, in the manner and cases he specifies;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  determine in what cases certain categories of establishments must establish a recipients’ committee composed either of recipients or of recipients and volunteers, determine its composition and describe its role;

(m)  rule, with respect to the establishments, on the borrowings, accounts and fees for or costs of supplying services, equipment, or the use of facilities, and on the conditions of renting, leases, construction of buildings and alienation of property;

(n)  determine in what cases the classes or kinds of reception centres or local community service centres it designates must appoint a director of professional services and determine the functions of that director;

(o)  determine and identify the hospital centres that must offer and maintain an uninterrupted emergency service;

(p)  prescribe rules to be observed by all establishments and all persons carrying on occupations therein and provide sanctions, in order to preclude conflicts of interest to which occasion might be given by service or supply contracts between such establishments and foster families or firms in which such persons hold direct or indirect interest.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least ninety days following such publication, they will be submitted for approval to the Government. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 153, 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39; 1978, c. 72, s. 44.

1977-12-31

173. In addition to the other regulatory powers assigned to it by this act, the Gouvernement may make regulations to:

(a)  establish categories of foster families and, within each category of establishments fixed by this act, classes of establishments and, within each of those classes, kinds of establishments, and determine the activities that each of such classes or kinds of establishments may carry on and prescribe the by-laws which a regional council or an establishment may or must make;

(b)  rule on the content, keeping and examination of records and their photographic reproduction;

(c)  determine the conditions and formalities of admission and discharge of recipients in an establishment or of their taking in charge by a foster family, depending, if necessary, on the category, class or kind of establishment or the category of the foster family and fix the composition of the admission committees in reception centres and hospital centres;

(d)  determine the criteria relating to the residence of recipients;

(e)  fix the minimum conditions of hygiene, salubrity and security to be complied with by establishments and foster families;

(f)  rule on the content and form of the liability insurance contemplated in section 128 and the fire and explosion insurance as well as the civil liability insurance to be taken out by establishments and the minimum amount of such insurance;

(g)  determine the conditions which any person applying for a permit must fulfil and the information he must furnish;

(h)  determine the form and tenor of the permits and fix the fees exigible for their issue;

(i)  determine standards as to the compulsory elements of the organization plans and budgets of establishments, especially, regarding organization plans, as to the administration and finance of establishments, and subject, as to physicians and dentist, to the agreements entered into under the Health Insurance Act (chapter A-29), professional activity, and, regarding budgets, as to authorized expenses and supply contracts, and specify the terms and conditions as well as the effects of approval by the Minister;

(j)  compel every establishment to give access to an official auditor appointed by the Minister or to obtain the authorization of the Minister in connection with the borrowings made by the establishment, with the endowment funds, with the accepting of a gift subject to conditions or with building or alteration projects, in the manner and cases it specifies;

(k)  determine, for each category and class of establishments, and for the regional councils, the books, accounts and statistics they must keep, the reports and information they must supply to the Minister, the audit of those reports and the time at which they must be submitted;

(l)  determine in what cases certain categories of establishments must establish a recipients or benevolent committee and describe the role of that committee;

(m)  rule, with respect to the establishments, on the borrowings, accounts and fees for or costs of supplying services, equipment, or the use of facilities, and on the conditions of renting, leases, construction of buildings and alienation of property;

(n)  determine in what cases the classes or kinds of reception centres or local community service centres it designates must appoint a director of professional services and determine the functions of that director;

(o)  determine and identify the hospital centres that must offer and maintain an uninterrupted emergency service;

(p)  prescribe rules to be observed by all establishments and all persons carrying on occupations therein and provide sanctions, in order to preclude conflicts of interest to which occasion might be given by service or supply contracts between such establishments and foster families or firms in which such persons hold direct or indirect interest.

Any draft regulation made under this section or sections 153, 159, 160 and 161 shall be published by the Minister in the Gazette officielle du Québec with a notice that upon the expiry of at least ninety days following such publication, they will be submitted for approval to the Gouvernement. However, this paragraph does not apply when the object of the regulation is merely to index the amounts, contributions or allowances contemplated in sections 153, 159, 160 and 161 in accordance with the Pension Index established under section 117 of the Act respecting the Québec Pension Plan (chapter R-9).

1971, c. 48, s. 129; 1974, c. 42, s. 59; 1975, c. 61, s. 6; 1977, c. 48, s. 39.