S-4.2 - Act respecting health services and social services

Section 619.2 Disposition versions

1992-10-01

619.2. Institutions, regional boards and the complaints commissioner appointed under section 55 have until 1 April 1993, or any later date determined by the Government, to establish a complaint examination procedure in accordance with sections 29, 43, 57 and 73, and to perform any other obligations inherent in the implementation of that procedure.

Until that date, the following provisions apply with regard to users’ complaints:

(1)  Each regional board referred to in section 555 is responsible for receiving and hearing complaints from persons to whom an institution whose head office is situated in the territory in which the regional board has jurisdiction has not provided the health services and social services that this Act entitles them to receive, and making the recommendations it considers appropriate in this regard to the institution concerned and the Minister.

(2)  Any complaint filed with a regional council in accordance with paragraph c of section 18 of the Act respecting health services and social services before 1 October 1992 shall continue to be heard by the regional board contemplated by paragraph 1, according to the procedure set out in that paragraph.

(3)  The executive director of an institution which receives a recommendation from a regional board in accordance with paragraph 1 must, not later than 30 days after receiving the recommendation, notify the regional board in writing of the steps taken by the institution in dealing with the recommendation.

If the regional board considers that the rights of the complainant, or of any other persons who might at some time find themselves in the same situation as the complainant, may be put at risk by the attitude of the institution concerned, it may file a request with the Commission des affaires sociales which shall be dealt with in accordance with the Act respecting the Commission des affaires sociales (chapter C-34).

(4)  Notwithstanding the date fixed in the first paragraph and notwithstanding section 619.60, any regional board which has begun to examine a complaint in accordance with paragraph 1 or which has continued to examine a complaint in accordance with paragraph 2 must continue to examine that complaint according to the procedure set out in paragraph 1.

(5)  The Commission des affaires sociales shall remain competent to hear requests filed by a regional council in accordance with section 19 of the Act respecting health services and social services, and shall be competent to hear requests filed by a regional board in accordance with the second paragraph of paragraph 3.

(6)  Any complaint concerning a medical, dental or pharmaceutical act filed with an institution shall be studied by the discipline committee of the council of physicians, dentists and pharmacists of the institution set up in accordance with the regulations under the Act respecting health services and social services.

If the examination of such a complaint has not been completed on the date mentioned in the first paragraph, it shall be continued according to the same procedure.

1992, c. 21, s. 68.