Ministère de l'Emploi et de la Solidarité sociale
Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

S-4.2 - Act respecting health services and social services

Section 262.1
Disposition versions

Full text
262.1. Any institution which is a legal person referred to in section 139 may, with no other formality than those prescribed in sections 180 and 260, alienate any immovable surplus to requirements where the acquisition or construction or the work carried out on the immovable has been financed with funds other than funds provided, in whole or in part, by government subsidy and other than funds provided entirely by public subscription, provided that such investment has not been the subject of a reimbursement or compensation.
The proceeds from the alienation of the immovable and the income arising from the proceeds may be transferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation of the institution referred to in section 271 to be used for any of the purposes mentioned in section 272, in accordance with that section, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.
They may also be paid into a special fund of which the administration is entrusted to the members of the legal person, to be used for any of the purposes mentioned in section 272, in accordance with that section.
The rules set out in the second and third paragraphs also apply to funds constituted by the members of a legal person before 23 June 1992 and which have traditionally been administered by those members.
Any immovable surplus to requirements may also be tranferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation of the institution referred to in section 271, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.
For the purposes of this section, the words “immovable surplus to requirements” mean an immovable which the institution, the agency concerned and the Minister foresee will not be used for the purposes of any institution for whatever purpose for the five ensuing years.
1992, c. 21, s. 31; 1994, c. 23, s. 3; 1996, c. 36, s. 51; 1998, c. 39, s. 82; 2005, c. 32, s. 227; 2005, c. 32, s. 225.
262.1. Any institution which is a legal person designated by the Minister pursuant to section 139 may, with no other formality than those prescribed in sections 180 and 260, alienate any immovable surplus to requirements where the acquisition or construction or the work carried out on the immovable has been financed with funds other than funds provided, in whole or in part, by government subsidy and other than funds provided entirely by public subscription, provided that such investment has not been the subject of a reimbursement or compensation.
The proceeds from the alienation of the immovable and the income arising from the proceeds may be transferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation of the institution referred to in section 271 to be used for any of the purposes mentioned in section 272, in accordance with that section, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.
They may also be paid into a special fund of which the administration is entrusted to the members of the legal person, to be used for any of the purposes mentioned in section 272, in accordance with that section.
The rules set out in the second and third paragraphs also apply to funds constituted by the members of a legal person before 23 June 1992 and which have traditionally been administered by those members.
Any immovable surplus to requirements may also be tranferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation of the institution referred to in section 271, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.
For the purposes of this section, the words “immovable surplus to requirements” mean an immovable which the institution, the agency concerned and the Minister foresee will not be used for the purposes of any institution for whatever purpose for the five ensuing years.
1992, c. 21, s. 31; 1994, c. 23, s. 3; 1996, c. 36, s. 51; 1998, c. 39, s. 82; 2005, c. 32, s. 227.
262.1. Any institution which is a legal person designated by the Minister pursuant to section 139 may, with no other formality than those prescribed in sections 180 and 260, alienate any immovable surplus to requirements where the acquisition or construction or the work carried out on the immovable has been financed with funds other than funds provided, in whole or in part, by government subsidy and other than funds provided entirely by public subscription, provided that such investment has not been the subject of a reimbursement or compensation.
The proceeds from the alienation of the immovable and the income arising from the proceeds may be transferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation of the institution referred to in section 271 to be used for any of the purposes mentioned in section 272, in accordance with that section, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.
They may also be paid into a special fund of which the administration is entrusted to the members of the legal person, to be used for any of the purposes mentioned in section 272, in accordance with that section.
The rules set out in the second and third paragraphs also apply to funds constituted by the members of a legal person before 23 June 1992 and which have traditionally been administered by those members.
Any immovable surplus to requirements may also be tranferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation of the institution referred to in section 271, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.
For the purposes of this section, the words “immovable surplus to requirements” mean an immovable which the institution, the regional board concerned and the Minister foresee will not be used for the purposes of any institution for whatever purpose for the five ensuing years.
1992, c. 21, s. 31; 1994, c. 23, s. 3; 1996, c. 36, s. 51; 1998, c. 39, s. 82.
262.1. Any institution which is a legal person designated by the Minister pursuant to section 139 may, with no other formality than those prescribed in sections 180 and 260, alienate any immovable surplus to requirements where the acquisition or construction or the work carried out on the immovable has been financed with funds other than funds provided, in whole or in part, by government subsidy and other than funds provided entirely by public subscription, provided that such investment has not been the subject of a reimbursement or compensation.
The proceeds from the alienation of the immovable and the income arising from the proceeds may be transferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation or a non-profit legal person referred to in section 271 to be used for any of the purposes mentioned in section 272, in accordance with that section, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.
They may also be paid into a special fund of which the administration is entrusted to the members of the legal person, to be used for any of the purposes mentioned in section 272, in accordance with that section.
The rules set out in the second and third paragraphs also apply to funds constituted by the members of a legal person before 23 June 1992 and which have traditionally been administered by those members.
Any immovable surplus to requirements may also be tranferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation or non-profit legal person referred to in section 271, or, if the authorization obtained under section 260 so provides, to another non-profit legal person whose activities relate to the field of health and social services.
For the purposes of this section, the words “immovable surplus to requirements” mean an immovable which the institution, the regional board concerned and the Minister foresee will not be used for the purposes of any institution for whatever purpose for the five ensuing years.
1992, c. 21, s. 31; 1994, c. 23, s. 3; 1996, c. 36, s. 51.
262.1. Any institution which is a corporation designated by the Minister pursuant to section 139 may, with no other formality than those prescribed in sections 180 and 260, alienate any immovable surplus to requirements where the acquisition or construction or the work carried out on the immovable has been financed with funds other than funds provided, in whole or in part, by government subsidy and other than funds provided entirely by public subscription, provided that such investment has not been the subject of a reimbursement or compensation.
The proceeds from the alienation of the immovable and the income arising from the proceeds may be transferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation or a non-profit corporation referred to in section 271 to be used for any of the purposes mentioned in section 272, in accordance with that section, or, if the authorization obtained under section 260 so provides, to another non-profit corporation whose activities relate to the field of health and social services.
They may also be paid into a special fund of which the administration is entrusted to the members of the corporation, to be used for any of the purposes mentioned in section 272, in accordance with that section.
The rules set out in the second and third paragraphs also apply to funds constituted by the members of a corporation before 23 June 1992 and which have traditionally been administered by those members.
Any immovable surplus to requirements may also be tranferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation or non-profit corporation referred to in section 271, or, if the authorization obtained under section 260 so provides, to another non-profit corporation whose activities relate to the field of health and social services.
For the purposes of this section, the words “immovable surplus to requirements” mean an immovable which the institution, the regional board concerned and the Minister foresee will not be used for the purposes of any institution for whatever purpose for the five ensuing years.
1992, c. 21, s. 31; 1994, c. 23, s. 3.
262.1. Any institution which is a corporation designated by the Minister pursuant to section 139 may, with no other formality than those prescribed in sections 180 and 260, alienate any immovable surplus to requirements where the acquisition or construction or the work carried out on the immovable has been financed with funds other than funds provided, in whole or in part, by government subsidy and other than funds provided entirely by public subscription, provided that such investment has not been the subject of a reimbursement or compensation.
The proceeds from the alienation of the immovable and the income arising from the proceeds may be transferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation or a non-profit corporation referred to in section 271 to be used for any of the purposes mentioned in section 272, in accordance with that section, or, if the authorization obtained under section 260 so provides, to another non-profit corporation whose activities relate to the field of health and social services.
They may also be paid into a special fund of which the administration is entrusted to the members of the corporation, to be used for any of the purposes mentioned in section 272, in accordance with that section.
The rules set out in the second and third paragraphs also apply to funds constituted by the members of a corporation before 23 June 1992 and which have traditionally been administered by those members.
Any immovable surplus to requirements may also be tranferred, notwithstanding subparagraph 4 of the first paragraph of section 265, to a foundation or non-profit corporation referred to in section 271, or, if the authorization obtained under section 260 so provides, to another non-profit corporation whose activities relate to the field of health and social services.
For the purposes of this section, the words “immovable surplus to requirements” mean an immovable which the institution, the regional board concerned and the Minister foresee will not be used by the institution concerned for whatever purpose for the five ensuing years.
1992, c. 21, s. 31.
© Gouvernement du Québec