S-4.2 - Act respecting health services and social services

Section 33 Disposition versions

2021-06-01

33. The local service quality and complaints commissioner is answerable to the board of directors for the enforcement of user rights and for the diligent handling of user complaints.

To that end, the functions of the local service quality and complaints commissioner shall include

(1)  applying the complaint examination procedure in keeping with the rights of users; if necessary, making recommendations to the board of directors for any appropriate action to improve the handling of complaints in the institution, including a revision of the complaint examination procedure;

(2)  promoting the independent nature of the role of the local service quality and complaints commissioner within the institution, distributing information to increase understanding of the rights and obligations of users and the code of ethics referred to in section 233, promoting the complaint examination process and publishing the procedure referred to in section 29;

(3)  giving assistance or seeing to it that assistance is given to users who require assistance for the formulation of a complaint or for any further step related to the complaint, including an application to the review committee established under section 51; informing users of the possibility of being assisted and supported by the community organization in the region to which a user assistance and support mandate has been given pursuant to the provisions of section 76.6; and lastly, providing on request any information on the application of the complaint examination procedure, and informing users of the legal protection afforded pursuant to section 76.2 to any person who cooperates in the examination of a complaint;

(4)  on receiving a complaint from a user, examining it with diligence;

(5)  if questions of a disciplinary nature in relation to a practice or the conduct of a personnel member are raised during the commissioner’s examination, bringing these questions to the attention of the department concerned or the human resources manager within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint or the object of an intervention, for a more thorough investigation, follow-up action or any other appropriate action; making any appropriate recommendation to that effect in his or her conclusions;

(6)  not later than 45 days after receiving a complaint, communicating his or her conclusions, including reasons, in writing in the case of a written complaint, to the user, together with any recommendations made to the board of directors, to the department or service manager concerned within the institution and, where applicable, to the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint, and informing the user of the procedure for applying to the Health and Social Services Ombudsman referred to in the Act respecting the Health and Social Services Ombudsman (chapter P-31.1); communicating the same conclusions, including reasons, in writing in the case of a written complaint, to the board of directors, to the department or service manager concerned within the institution and to the highest authority concerned;

(7)  taking action on his or her own initiative when apprised of the facts and when there are reasonable grounds to believe that the rights of a user or group of users are not being enforced; submitting a report to the board of directors and to the department or the service manager concerned within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services concerned, as well as to the Minister if the local commissioner considers it necessary, recommending any action to improve user satisfaction and foster the enforcement of user rights;

(8)  giving advice on any matter within the purview of the local service quality and complaints commissioner submitted by the board of directors, any council or committee created by the board under section 181 or 181.0.1 or any other council or committee of the institution, including the users’ committee;

(9)  at least once a year and as needed, drawing up a summary of the activities of the local service quality and complaints commissioner together with a statement of any action recommended by the local commissioner to improve user satisfaction and foster the enforcement of user rights;

(10)  preparing the report referred to in section 76.10, incorporating into the report the annual summary of the activities of the local service quality and complaints commissioner, the report of the medical examiner under section 50 and the report of the review committee under section 57, and presenting it to the board of directors for approval; and

(11)  (subparagraph repealed).

The local service quality and complaints commissioner is also answerable for the handling of reports of maltreatment made within the scope of the anti-maltreatment policy adopted under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3) and, if the report of maltreatment must be handled by another authority, for directing the persons making the report to that authority.

1991, c. 42, s. 33; 1998, c. 39, s. 4; 2001, c. 43, s. 41; 2005, c. 32, s. 11; 2017, c. 10, s. 34; 2020, c. 24, s. 11.

2017-05-30

33. The local service quality and complaints commissioner is answerable to the board of directors for the enforcement of user rights and for the diligent handling of user complaints.

To that end, the functions of the local service quality and complaints commissioner shall include

(1)  applying the complaint examination procedure in keeping with the rights of users; if necessary, making recommendations to the board of directors for any appropriate action to improve the handling of complaints in the institution, including a revision of the complaint examination procedure;

(2)  promoting the independent nature of the role of the local service quality and complaints commissioner within the institution, distributing information to increase understanding of the rights and obligations of users and the code of ethics referred to in section 233, promoting the complaint examination process and publishing the procedure referred to in section 29;

(3)  giving assistance or seeing to it that assistance is given to users who require assistance for the formulation of a complaint or for any further step related to the complaint, including an application to the review committee established under section 51; informing users of the possibility of being assisted and supported by the community organization in the region to which a user assistance and support mandate has been given pursuant to the provisions of section 76.6; and lastly, providing on request any information on the application of the complaint examination procedure, and informing users of the legal protection afforded pursuant to section 76.2 to any person who cooperates in the examination of a complaint;

(4)  on receiving a complaint from a user, examining it with diligence;

(5)  if questions of a disciplinary nature in relation to a practice or the conduct of a personnel member are raised during the commissioner’s examination, bringing these questions to the attention of the department concerned or the human resources manager within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint or the object of an intervention, for a more thorough investigation, follow-up action or any other appropriate action; making any appropriate recommendation to that effect in his or her conclusions;

(6)  not later than 45 days after receiving a complaint, communicating his or her conclusions, including reasons, in writing in the case of a written complaint, to the user, together with any recommendations made to the board of directors, to the department or service manager concerned within the institution and, where applicable, to the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint, and informing the user of the procedure for applying to the Health and Social Services Ombudsman referred to in the Act respecting the Health and Social Services Ombudsman (chapter P-31.1); communicating the same conclusions, including reasons, in writing in the case of a written complaint, to the board of directors, to the department or service manager concerned within the institution and to the highest authority concerned;

(7)  taking action on his or her own initiative when apprised of the facts and when there are reasonable grounds to believe that the rights of a user or group of users are not being enforced; submitting a report to the board of directors and to the department or the service manager concerned within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services concerned, recommending any action to improve user satisfaction and foster the enforcement of user rights;

(8)  giving advice on any matter within the purview of the local service quality and complaints commissioner submitted by the board of directors, any council or committee created by the board under section 181 or 181.0.1 or any other council or committee of the institution, including the users’ committee;

(9)  at least once a year and as needed, drawing up a summary of the activities of the local service quality and complaints commissioner together with a statement of any action recommended by the local commissioner to improve user satisfaction and foster the enforcement of user rights;

(10)  preparing the report referred to in section 76.10, incorporating into the report the annual summary of the activities of the local service quality and complaints commissioner, the report of the medical examiner under section 50 and the report of the review committee under section 57, and presenting it to the board of directors for approval; and

(11)  (subparagraph repealed).

The local service quality and complaints commissioner is also answerable for the handling of reports of maltreatment made within the scope of the anti-maltreatment policy adopted under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3) and, if the report of maltreatment must be handled by another authority, for directing the persons making the report to that authority.

1991, c. 42, s. 33; 1998, c. 39, s. 4; 2001, c. 43, s. 41; 2005, c. 32, s. 11; 2017, c. 10, s. 34.

2006-04-01

33. The local service quality and complaints commissioner is answerable to the board of directors for the enforcement of user rights and for the diligent handling of user complaints.

To that end, the functions of the local service quality and complaints commissioner shall include

(1)  applying the complaint examination procedure in keeping with the rights of users; if necessary, making recommendations to the board of directors for any appropriate action to improve the handling of complaints in the institution, including a revision of the complaint examination procedure;

(2)  promoting the independent nature of the role of the local service quality and complaints commissioner within the institution, distributing information to increase understanding of the rights and obligations of users and the code of ethics referred to in section 233, promoting the complaint examination process and publishing the procedure referred to in section 29;

(3)  giving assistance or seeing to it that assistance is given to users who require assistance for the formulation of a complaint or for any further step related to the complaint, including an application to the review committee established under section 51; informing users of the possibility of being assisted and supported by the community organization in the region to which a user assistance and support mandate has been given pursuant to the provisions of section 76.6; and lastly, providing on request any information on the application of the complaint examination procedure, and informing users of the legal protection afforded pursuant to section 76.2 to any person who cooperates in the examination of a complaint;

(4)  on receiving a complaint from a user, examining it with diligence;

(5)  if questions of a disciplinary nature in relation to a practice or the conduct of a personnel member are raised during the commissioner’s examination, bringing these questions to the attention of the department concerned or the human resources manager within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint or the object of an intervention, for a more thorough investigation, follow-up action or any other appropriate action; making any appropriate recommendation to that effect in his or her conclusions;

(6)  not later than 45 days after receiving a complaint, communicating his or her conclusions, including reasons, in writing in the case of a written complaint, to the user, together with any recommendations made to the board of directors, to the department or service manager concerned within the institution and, where applicable, to the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint, and informing the user of the procedure for applying to the Health and Social Services Ombudsman referred to in the Act respecting the Health and Social Services Ombudsman (chapter P-31.1); communicating the same conclusions, including reasons, in writing in the case of a written complaint, to the board of directors, to the department or service manager concerned within the institution and to the highest authority concerned;

(7)  taking action on his or her own initiative when apprised of the facts and when there are reasonable grounds to believe that the rights of a user or group of users are not being enforced; submitting a report to the board of directors and to the department or the service manager concerned within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services concerned, recommending any action to improve user satisfaction and foster the enforcement of user rights;

(8)  giving advice on any matter within the purview of the local service quality and complaints commissioner submitted by the board of directors, any council or committee created by the board under section 181 or 181.0.1 or any other council or committee of the institution, including the users’ committee;

(9)  at least once a year and as needed, drawing up a summary of the activities of the local service quality and complaints commissioner together with a statement of any action recommended by the local commissioner to improve user satisfaction and foster the enforcement of user rights;

(10)  preparing the report referred to in section 76.10, incorporating into the report the annual summary of the activities of the local service quality and complaints commissioner, the report of the medical examiner under section 50 and the report of the review committee under section 57, and presenting it to the board of directors for approval; and

(11)  (subparagraph repealed).

1991, c. 42, s. 33; 1998, c. 39, s. 4; 2001, c. 43, s. 41; 2005, c. 32, s. 11.

2002-04-01

33. The local service quality commissioner is answerable to the board of directors for the enforcement of user rights and for the diligent handling of user complaints.

To that end, the functions of the local service quality commissioner shall include

(1)  applying the complaint examination procedure in keeping with the rights of users ; if necessary, making recommendations to the board of directors for any appropriate action to improve the handling of complaints in the institution, including a revision of the complaint examination procedure ;

(2)  promoting the independent nature of the role of the local service quality commissioner within the institution, the rights and obligations of users and the code of ethics referred to in section 233, and publishing the complaint examination procedure ;

(3)  giving assistance or seeing to it that assistance is given to users who require assistance for the formulation of a complaint or for any further step related to the complaint, including an application to the review committee established under section 51 ; informing users of the possibility of being assisted and supported by the community organization in the region to which a user assistance and support mandate has been given pursuant to the provisions of section 76.6 ; and lastly, providing on request any information on the application of the complaint examination procedure, and informing users of the legal protection afforded pursuant to section 76.2 to any person who cooperates in the examination of a complaint ;

(4)  on receiving a complaint from a user, examining it with diligence ;

(5)  if questions of a disciplinary nature in relation to a practice or the conduct of a personnel member are raised during the examination of a complaint, bringing these questions to the attention of the department concerned or the human resources manager within the institution or the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint, for a more thorough investigation of the complaint, follow-up action or any other appropriate action ; making any appropriate recommendation to that effect in his or her conclusions ;

(6)  not later than 45 days after receiving a complaint, communicating his or her conclusions, including reasons, in writing in the case of a written complaint, to the user, together with any recommendations made to the department or service manager concerned within the institution and, where applicable, to the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of the complaint, and informing the user of the procedure for applying to the Health and Social Services Ombudsman appointed under the Act respecting the Health and Social Services Ombudsman (chapter P-31.1) ; communicating the same conclusions, including reasons, in writing in the case of a written complaint, to the department or service manager concerned within the institution and to the highest authority concerned ;

(7)  supporting, on his or her own initiative, any action to improve the quality of the services provided to users, user satisfaction and the enforcement of user rights, and recommending such action to any department or any service manager within the institution or, as the case may be, to the highest authority of any organization, resource or partnership or to the person holding the position of highest authority responsible for the services that may be the subject of a complaint under the first paragraph of section 34 ;

(8)  giving advice on any matter within the purview of the local service quality commissioner submitted by the board of directors, any council or committee created by the board under section 181 or any other council or committee of the institution, including the users’ committee ;

(9)  at least once a year and as needed, drawing up a summary of the activities of the local service quality commissioner together with a statement of any action recommended by the local commissioner to improve the quality of services, user satisfaction and the enforcement of user rights ;

(10)  preparing the report referred to in section 76.10, incorporating into the report the annual summary of the activities of the local service quality commissioner, the report of the medical examiner under section 50 and the report of the review committee under section 57, and presenting it to the board of directors for approval ; and

(11)  subject to section 31, carrying out any other function provided for in the organizational plan of the institution, provided that it is related to the enforcement of user rights or the improvement of the quality of services and the satisfaction of the clientele.

1991, c. 42, s. 33; 1998, c. 39, s. 4; 2001, c. 43, s. 41.

1998-06-20

33. The complaint may be made in writing or verbally.

The complaints officer responsible for the application of the complaints examination procedure must assist or ensure that assistance is given to the user who requires it for the formulation of his complaint or for any step he wishes to take in relation to his complaint.

1991, c. 42, s. 33; 1998, c. 39, s. 4.

1992-10-01

33. The complaint may be made in writing or verbally.

The senior management officer must, however, inform the user who has made his complaint verbally that only a complaint in writing may give rise to the remedy before the regional board established under section 339 and provided for in Division II of this chapter.

The senior management officer must assist or ensure that assistance is given to the user who requires it for the formulation of his complaint or for any step he wishes to take in relation to his complaint.

1991, c. 42, s. 33.