G-1.021 - Act respecting the governance of the health and social services system

À jour au 13 décembre 2023

Ce document a valeur officielle.

chapter G-1.021

Act respecting the governance of the health and social services system

PART I INTRODUCTORY PROVISIONS, RIGHTS RELATING TO SERVICES, AND MINISTER’S FUNCTIONS

2023, c. 34, Part I.

TITLE I INTRODUCTORY PROVISIONS

2023, c. 34, Tit. I.

Not in force

1. The purpose of this Act is to put in place an effective health and social services system, particularly by facilitating access to safe, quality health services and social services, enhancing coordination of the different components of the system and bringing communities closer to decisions related to the organization and provision of services.

To that end, the Act establishes Santé Québec and entrusts it with, among other things, offering health services and social services through public institutions, and regulating and coordinating the activities of private institutions and of certain providers of services in the field of health and social services.

The Act also establishes rules relating to the organization and governance of institutions that enable proximity management and management by territory that are based on a populational approach, and that foster enhanced flow of services.

2023, c. 34, s. 1.

Not in force

2. Health services and social services are intended to promote the improvement, maintenance and recovery of the physical, mental and psychosocial health and the well-being of persons as well as the prevention of their deterioration, including by acting on health and well-being determinants.

They are also intended to promote the adaptation, rehabilitation, social integration or social reintegration of persons.

Lastly, health services and social services are intended to achieve comparable levels of health and well-being between the various population groups and between the various regions.

2023, c. 34, s. 2.

Not in force

3. Health services and social services are provided by institutions.

The institutions may be either public or private.

A person who receives such services from an institution is a user.

2023, c. 34, s. 3.

Not in force

4. Health services and social services are comprised in the following groups:

(1)  “local community services” : a group of basic health and social services offered at the primary level of care and, where offered to the population of a territory served, health and social services of a preventive or curative nature, rehabilitation or reintegration services, and public health activities carried out in accordance with the provisions of the Public Health Act (chapter S-2.2);

(2)  “hospital services” : a group of diagnostic services and general and specialized medical care;

(3)  “residential and long-term care services” : the provision of an alternative living environment, of a group of lodging, assistance, support and supervision services and of rehabilitation, psychosocial, nursing care, pharmaceutical and medical services to adults who, because of loss of functional or psychosocial autonomy, can no longer live in their natural living environment, despite the support of their families and friends;

(4)  “youth protection services” : a group of psychosocial services, including social emergency services, required by the situation of a young person under the Youth Protection Act (chapter P-34.1) or the Youth Criminal Justice Act (S.C. 2002, c. 1), and of services related to child placement, family mediation, expertise at the Superior Court on child custody, adoption, research into family and medical antecedents, and reunions; and

(5)  “rehabilitation services” : a group of adaptation or rehabilitation and social integration services intended for persons who, because of physical or mental impairment, behavioral disorders or psychosocial or family difficulties, or because of an alcohol, gambling or drug addiction or any other addiction, require such services, as well as assistance and support services intended for their families and friends.

2023, c. 34, s. 4.

5. The expression “services in the field of health and social services” includes health services and social services; it also means services of the same nature offered by providers that are not institutions.

2023, c. 34, s. 5.

Not in force

6. This Act does not apply to the territories referred to in sections 530.1 and 530.89 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or to the territory of the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5).

2023, c. 34, s. 6.

Not in force

TITLE II RIGHTS RELATING TO SERVICES AND STATUS OF USERS

2023, c. 34, Tit. II.

Not in force

7. Every person is entitled to be informed of the existence of the health and social services and resources available in their community and of the terms governing access to such services and resources.

2023, c. 34, s. 7.

Not in force

8. Every person is entitled to receive, with continuity and in a personalized and safe manner, health services and social services which are scientifically, humanly and socially adequate.

2023, c. 34, s. 8.

Not in force

9. Every person is entitled to choose the professional or the institution from whom or which they wish to receive health services or social services. They are also entitled to receive such services in person.

Nothing in this Act restricts the freedom of a professional to accept or refuse to treat a person.

2023, c. 34, s. 9.

Not in force

10. Every person whose life or bodily integrity is endangered is entitled to receive the care required by their condition. Every institution must, where requested, ensure that such care is provided.

2023, c. 34, s. 10.

Not in force

11. Every user of health services and social services is entitled to be informed of their state of health and well-being, so as to know, as far as possible, the various options open to them and the risks and consequences generally associated with each option before consenting to care concerning them.

They are also entitled to be informed, as soon as possible, of any accident that occurred during the provision of services they received and that has actual or potential consequences for their state of health or well-being and of the corrective measures taken, if any, with regard to such consequences, or to prevent such an accident from recurring.

For the purposes of this Act, “accident” means an action or situation where a risk materializes and which has or could have consequences for a user’s state of health or well-being.

2023, c. 34, s. 11.

Not in force

12. No person may be made to undergo care of any nature, whether for examination, specimen taking, treatments or any other intervention, except with their consent.

Consent to care or authorization to provide care is to be given or refused by the user or, where applicable, their representative or the court, in the circumstances and manner provided for in articles 10 and following of the Civil Code.

2023, c. 34, s. 12.

Not in force

13. Every user is entitled to participate in any decision affecting their state of health or well-being.

They are entitled, in particular, to participate in the development of their intervention plan or individualized service plan where such plans are required under sections 389 and 390.

The same applies to any modification made to such plans.

2023, c. 34, s. 13.

Not in force

14. Every user is entitled to be accompanied and assisted by the person of their choice when they wish to obtain information or take steps in relation to any service provided by an institution or on its behalf or by any professional practising within the institution.

2023, c. 34, s. 14.

Not in force

15. The rights of any person which are recognized under this Act may be exercised by a representative.

The following persons are presumed to be representatives, according to the circumstances and subject to the priorities provided for in the Civil Code:

(1)  the person having parental authority over or the tutor of a user who is a minor;

(2)  the tutor, spouse or close relative of an incapable user of full age;

(3)  the person authorized by a protection mandate given by the user prior to becoming incapable; and

(4)  a person who proves that they have a special interest in the incapable user of full age.

2023, c. 34, s. 15.

Not in force

16. The rights provided for in section 8 and the first paragraph of section 9 are to be exercised within the framework of the legislative and regulatory provisions relating to the organizational and operational structure of the institution and within the limits of the human, material and financial resources at its disposal.

2023, c. 34, s. 16.

Not in force

17. No institution may cease to lodge, in a centre it operates, a user who has been discharged unless the user’s condition allows their return to or integration into their home, or unless the user’s admission to another centre, another institution, an intermediate resource or a family-type resource is ensured and the services required by the user’s condition will be provided to them by that centre, institution or resource.

Subject to the first paragraph, a user must leave the centre operated by the institution providing them lodging services immediately upon being discharged in accordance with the provisions of the regulation made under section 386.

2023, c. 34, s. 17.

Not in force

18. English-speaking persons are entitled to receive health services and social services in the English language, in keeping with the organizational structure and human, material and financial resources of the institutions providing such services and to the extent provided by the access program referred to in section 415.

2023, c. 34, s. 18.

Not in force

19. Nothing in this Act restricts the right of a person or their successors to pursue a remedy against Santé Québec, a grouped institution, a private institution, an intermediate resource, their directors, employees or attendants or a professional for a professional or other fault. In no case may the pursuit of such a remedy be waived.

The same applies to the right to pursue a remedy against a family-type resource.

2023, c. 34, s. 19.

Not in force

20. In order to involve users as service partners, an institution must promote

(1)  their autonomy and accountability with respect to their health;

(2)  their participation in the care and other services they receive; and

(3)  the valuing of the knowledge developed by users collectively through their experience of the services received.

2023, c. 34, s. 20.

Not in force

21. Each institution disseminates information to increase understanding of the rights and obligations of users.

The institutions also promote the user complaint examination regime and publish the procedure referred to in section 708.

2023, c. 34, s. 21.

Not in force

TITLE III MINISTER’S FUNCTIONS

2023, c. 34, Tit. III.

Not in force

22. With a view to improving the health and well-being of the population, the Minister determines priorities, objectives and orientations in the field of health and social services and sees to their implementation.

More specifically, the Minister

(1)  establishes health and social services policies, in particular with a view to enhancing the value of the services for users, ensures that they are implemented and assesses them;

(2)  promotes teaching, research, evaluation of technologies and methods of intervention, innovations and advanced practices as well as transfer of knowledge, and sees to their promotion;

(3)  determines orientations and performance indicators relating to standards of access, integration, quality, effectiveness and efficiency as concerns services, taking into account their value for users, as well as orientations and performance indicators relating to respect for users’ rights and to partnership with users, and disseminates the orientations and indicators among Santé Québec and its institutions;

(4)  determines orientations, targets and standards for the user complaint examination regime;

(5)  ensures accountability regarding management of the health and social services network on the basis of the Minister’s orientations and indicators, and assesses and evaluates the results with respect to health and social services.

The Minister publishes, on a regular basis, the information that enables monitoring of the indicators the Minister has determined as well as the information that relates to the results referred to in subparagraph 5 of the second paragraph.

2023, c. 34, s. 22.

Not in force

PART II SANTÉ QUÉBEC

2023, c. 34, Part II.

Not in force

TITLE I ESTABLISHMENT AND MISSION

2023, c. 34, Tit. I.

Not in force

23. “Santé Québec” is established.

2023, c. 34, s. 23.

Not in force

24. Santé Québec is a legal person and a mandatary of the State.

Its property forms part of the domain of the State, but the execution of its obligations may be levied against its property.

Santé Québec binds none but itself when it acts in its own name.

2023, c. 34, s. 24.

Not in force

25. The head office of Santé Québec is located in the territory of Ville de Québec, at the place it determines.

Notice of the address of the head office, and of any relocation of the head office, is published in the Gazette officielle du Québec.

2023, c. 34, s. 25.

Not in force

26. The mission of Santé Québec is to offer, through public institutions, health services and social services in the various health regions of Québec. In those regions, it coordinates and supports, in particular by way of subsidies, the supply of such services by private institutions as well as the supply of services in the field of health and social services by certain other private providers.

Santé Québec’s mission is also to apply the regulations made under this Act governing certain activities related to the field of health and social services.

In addition, its mission is to implement the orientations, targets and standards determined by the Minister, in particular with regard to the organization and provision of health services and social services.

Lastly, Santé Québec’s mission is to exercise any function incumbent on it under another Act or that the Minister confers on it.

2023, c. 34, s. 26.

Not in force

27. Santé Québec exercises the functions listed below as well as any other auxiliary function it considers necessary for the provision of health services and social services:

(1)  putting in place mechanisms for access to services in the field of health and social services;

(2)  developing a national program on the quality of services;

(3)  establishing a national information filing system and, among other things, keeping in it the records of users who receive health services or social services from public institutions;

(4)  maintaining a national strategic reserve of medications and supplies;

(5)  forming a national users’ committee and seeing to its proper functioning;

(6)  preventing incidents and accidents in the provision of health services and social services from recurring;

(7)  forming public health departments; and

(8)  ensuring the putting in place of mechanisms enabling the consultation and mobilization of actors from the various sectors of activity of community life whose action can have an impact on health and well-being and of other members of the population, with a view to acting on health and well-being determinants and to improving the health services and social services offered.

For the purposes of this Act, “incident” means an action or situation that does not have consequences for the state of health or well-being of a user, but the outcome of which is unusual and could have consequences under different circumstances.

2023, c. 34, s. 27.

Not in force

28. The Minister may determine orientations regarding the principles or pratices that Santé Québec must favour with respect to health and social services. The Minister may also determine objectives that Santé Québec must pursue in the carrying out of its mission or in the exercise of its functions.

2023, c. 34, s. 28.

Not in force

29. Subject to section 40 of the Act respecting the governance of state-owned enterprises (chapter G-1.02), the Minister may, in addition to the powers conferred on the Minister by this Act, issue a directive to Santé Québec on its administration, organization, operation or actions, including on the management of its human, material and financial resources.

Santé Québec is required to comply with a directive from the date determined in the directive.

2023, c. 34, s. 29.

Not in force

30. For the purposes of this Act, the Minister divides the territory of Québec into contiguous health regions after consulting Santé Québec.

The territories referred to in section 6 are excluded from the health regions.

2023, c. 34, s. 30.

Not in force

31. Each health region referred to in the first paragraph of section 30 may be subdivided into contiguous local health and social services network territories whose boundaries are determined by the Minister after consulting Santé Québec.

2023, c. 34, s. 31.

Not in force

32. Santé Québec must follow sound management practices showing due regard for the principle of subsidiarity.

The following objectives must guide anyone exercising management responsibilities within Santé Québec:

(1)  the development and maintenance of an organizational culture focused toward service to users and proximity management;

(2)  clinical and administrative co-management, that is, the joint exercise by managers and health and social services professionals of the functions relating to the management of clinical activities within institutions;

(3)  the adequacy of services, in keeping with the organization of Santé Québec and the resources allocated;

(4)  the fluidity and continuity of the services provided to users;

(5)  the assurance of continuous access to a broad range of general, specialized and superspecialized services in the field of health and social services aimed at satisfying the social and health needs of the region served, in keeping with its distinctive characteristics; and

(6)  cooperation with the actors from the various sectors of activity of community life whose action may have an impact on health and well-being, with a view to acting on health and well-being determinants and to improving the offer of services to the population.

For the purposes of the first paragraph, “principle of subsidiarity” means the principle whereby powers and responsibilities must be delegated to the appropriate level of authority so that decision-making centres are adequately distributed and brought as close as possible to the users.

2023, c. 34, s. 32.

Not in force

33. Santé Québec establishes mechanisms for the continuous improvement of its services and practices.

2023, c. 34, s. 33.

Not in force

TITLE II ORGANIZATION AND OPERATION

2023, c. 34, Tit. II.

Not in force

CHAPTER I BOARD OF DIRECTORS

2023, c. 34, c. I.

Not in force

DIVISION I COMPOSITION AND OPERATION

2023, c. 34, Div. I.

Not in force

34. Santé Québec is administered by a board of directors composed of 15 members, including the chair, the president and chief executive officer and the Deputy Minister of Health and Social Services, who is a member of the board by virtue of office.

The president and chief executive officer is considered to be the president and chief executive officer of Santé Québec for the purposes of the Act respecting the governance of state-owned enterprises (chapter G-1.02).

2023, c. 34, s. 34.

Not in force

35. One of the members of Santé Québec’s board of directors, other than its chair and the president and chief executive officer, must be appointed after consultation with bodies that are representative of the members of the users’ committees.

Moreover, the membership of the board of directors must include at least the following persons:

(1)  four persons, other than the chair of the board of directors, the president and chief executive officer and the Deputy Minister of Health and Social Services, whose principal residences are respectively situated in four different health regions; and

(2)  two persons, one having experience relevant to the provision of health services and the other having experience relevant to the provision of social services.

The territory of two of the health regions referred to in subparagraph 1 of the second paragraph must be neither wholly nor partly included in that of the Communauté métropolitaine de Montréal.

2023, c. 34, s. 35.

Not in force

36. The term of a member of the board of directors who is referred to in subparagraph 1 of the second paragraph of section 35 ends if, due to a change in the place of the member’s principal residence, the composition of the board of directors no longer meets the condition set out in that subparagraph and in the third paragraph of section 35.

2023, c. 34, s. 36.

Not in force

37. A vacancy on Santé Québec’s board of directors is filled in accordance with the rules of appointment to the board.

Among other things, non-attendance at a number of board meetings determined by Santé Québec’s by-laws, in the cases and circumstances specified, constitutes a vacancy.

2023, c. 34, s. 37.

Not in force

38. The quorum at meetings of Santé Québec’s board of directors is the majority of its members, including the chair of the board or the president and chief executive officer.

Decisions of the board are made by a majority vote of the members present.

2023, c. 34, s. 38.

Not in force

39. The board of directors of Santé Québec may sit anywhere in Québec.

2023, c. 34, s. 39.

Not in force

40. Unless Santé Québec’s by-laws provide otherwise, the members of the board of directors may, if they all consent, participate in a meeting of the board by means enabling all participants to communicate directly with one another.

In such a case, the members are deemed to be present at the meeting.

2023, c. 34, s. 40.

Not in force

41. The minutes of a meeting of Santé Québec’s board of directors, approved by the board and certified true by the chair of the board, the president and chief executive officer or any other person so authorized by Santé Québec’s by-laws, are authentic, as are the documents and reproductions emanating from Santé Québec or forming part of its records if signed or certified true by one of those persons.

2023, c. 34, s. 41.

Not in force

DIVISION II FUNCTIONS AND POWERS

2023, c. 34, Div. II.

Not in force

§ 1 . — Establishment of institutions

2023, c. 34, Sd. 1.

Not in force

42. Santé Québec’s board of directors may establish, within Santé Québec, administrative units that are Santé Québec institutions.

A Santé Québec institution is a public institution; it is territorial or other than territorial.

At least one territorial institution must be established in each health region.

2023, c. 34, s. 42.

Not in force

43. No resolution of Santé Québec’s board of directors may, without the Minister’s approval, establish more than one Santé Québec institution in the same health region.

The same applies to a resolution that reduces the number of such institutions in the same health region.

Santé Québec requests the opinion of every institution board of directors of the region concerned on an increase or reduction in the number of institutions provided for in such a resolution.

Where Santé Québec submits a resolution for the Minister’s approval, it communicates to the Minister any opinion obtained under the third paragraph.

2023, c. 34, s. 43.

Not in force

44. Territorial institutions carry on, as a minimum, the activities necessary for the provision of the following services:

(1)  local community services;

(2)  hospital services; and

(3)  residential and long-term care services.

2023, c. 34, s. 44.

Not in force

45. Institutions that are other than territorial carry on, as a minimum, the activities necessary for the provision of hospital services. They may not offer local community services or youth protection services.

2023, c. 34, s. 45.

Not in force

46. For the purposes of this Act, any premises on which the activities of a Santé Québec institution that are necessary for the provision of the group of services referred to in each of the following subparagraphs are concentrated is a centre whose name is the name provided for in that subparagraph:

(1)  local community services: “local community service centre”;

(2)  hospital services: “hospital centre”;

(3)  residential and long-term care services: “residential and long-term care centre”;

(4)  youth protection services: “child and youth protection centre”; and

(5)  rehabilitation services: “rehabilitation centre”.

An activity necessary for the provision of any one of those services, where carried on outside the premises on which the other activities necessary for the provision of the same services are concentrated, is considered carried on on those premises.

2023, c. 34, s. 46.

Not in force

47. In order to specify the nature of the health services or social services provided in each centre referred to in the first paragraph of section 46 or to specify the users for whom they are intended, Santé Québec’s by-laws may establish classes to which such a centre belongs. The by-laws may further specify those classes by types.

2023, c. 34, s. 47.

Not in force

48. The resolution of Santé Québec’s board of directors establishing a Santé Québec institution must include the following:

(1)  the name of the institution;

(2)  an indication as to whether the institution is territorial or other than territorial;

(3)  a list of the centres it operates and, where applicable, the class and type to which each of them belongs; and

(4)  the contact information for the facilities that the institution is required to maintain in a sustainable manner.

For the purposes of this Act, such a resolution is called a “deed of establishment”.

2023, c. 34, s. 48.

Not in force

§ 2 . — By-laws

2023, c. 34, Sd. 2.

Not in force

49. Santé Québec’s board of directors makes Santé Québec’s by-laws. The by-laws may include, in addition to the provisions provided for by this Act, the provisions that may be included in the by-laws of a Santé Québec institution.

Santé Québec’s by-laws come into force after being approved by the Minister.

In case of conflict, the provisions of Santé Québec’s by-laws prevail over those of the by-laws of a Santé Québec institution.

2023, c. 34, s. 49.

Not in force

50. Santé Québec’s by-laws must prescribe the terms according to which a Santé Québec institution may provide, within another such institution, the medical, dental, pharmaceutical or midwifery services that the other establishment requires.

Those terms are deemed to form part of the by-laws of any institution concerned and to be specific requirements of the institution.

2023, c. 34, s. 50.

Not in force

§ 3 . — Delegation of powers and of signature

2023, c. 34, Sd. 3.

Not in force

51. Santé Québec’s board of directors may delegate its powers to the president and chief executive officer, to another member of Santé Québec’s personnel, to one or more of its committees or to an institution board of directors.

However, a power may be delegated to an institution board of directors or to a personnel member assigned to performing tasks within an institution only if the exercise of the delegated power

(1)  is restricted to the institution, as applicable, in which the institution board of directors is established or in which the personnel member performs the tasks assigned to them; and

(2)  is not subject to authorization or approval by the Government, the Conseil du trésor or a minister.

2023, c. 34, s. 51.

Not in force

52. Subject to the second paragraph of section 51, the board of directors must delegate to each institution board of directors its functions and powers relating to teaching, research and innovation within the institution.

2023, c. 34, s. 52.

Not in force

53. No deed or document is binding on Santé Québec or may be attributed to Santé Québec unless it is signed by the chair of its board of directors, by the president and chief executive officer or, to the extent determined in its by-laws, by another member of its personnel.

Santé Québec’s by-laws may provide for subdelegation and how it is to be exercised.

The delegation of a power of Santé Québec’s board of directors gives the delegatee the power to sign the deeds or the documents resulting from the exercise of that power, except where the delegatee is a committee of the board or an institution board of directors. In such a case, the committee or the institution board of directors may designate a member of Santé Québec’s personnel for the signing of the deed or the document, unless the board of directors decides otherwise.

Unless the board of directors decides otherwise, a signature may be affixed to a deed or document by any means.

2023, c. 34, s. 53.

Not in force

54. Santé Québec’s board of directors may not delegate the following powers:

(1)  committing Santé Québec’s credit;

(2)  establishing an institution, whether territorial or other than territorial, amending the institution’s deed of establishment or terminating its existence;

(3)  making or amending Santé Québec’s by-laws and any regulation that Santé Québec is empowered to make under this Act; and

(4)  appointing persons who exercise management responsibilities under the immediate authority of the president and chief executive officer.

2023, c. 34, s. 54.

Not in force

DIVISION III NATIONAL WATCHDOG COMMITTEE

2023, c. 34, Div. III.

Not in force

55. Santé Québec’s board of directors must, in addition to the committees it is required to establish under the Act respecting the governance of state-owned enterprises (chapter G-1.02), establish a national watchdog committee.

2023, c. 34, s. 55.

Not in force

56. The national watchdog committee sees to it that Santé Québec’s board of directors exercises its functions and powers in such a manner as to promote the quality of health services and social services and respect for users’ rights.

To that end, the committee must, in particular,

(1)  analyze the reports and recommendations sent to Santé Québec by the national service quality and complaints commissioner or by the Health and Social Services Ombudsman;

(2)  establish systemic links between those reports and recommendations and draw from them the conclusions necessary to make recommendations under subparagraph 3;

(3)  make recommendations to Santé Québec’s board of directors on the actions to be taken following those reports or recommendations in order to improve the quality of services;

(4)  ensure follow-up, with Santé Québec’s board of directors, of the board’s implementation of the recommendations made under subparagraph 3;

(5)  see to the monitoring of the exercise of the functions and responsibilities of the watchdog committees established by institution boards of directors and by private institutions’ boards of directors;

(6)  see that the national service quality and complaints commissioner and the service quality and complaints commissioners have the human, material and financial resources necessary to exercise their functions; and

(7)  exercise any other function that Santé Québec’s board of directors considers useful in fulfilling the mandate entrusted to the committee under the first paragraph.

2023, c. 34, s. 56.

Not in force

CHAPTER II PERSONNEL

2023, c. 34, c. II.

Not in force

57. Santé Québec’s secretary and other personnel members are appointed in accordance with the staffing plan approved by Santé Québec’s board of directors.

2023, c. 34, s. 57.

Not in force

58. If the president and chief executive officer is absent or unable to act, Santé Québec’s board of directors may designate a member of Santé Québec’s personnel to exercise the functions of that position.

2023, c. 34, s. 58.

Not in force

59. The Minister may, by regulation, determine the standards and scales to be used by Santé Québec for the selection, appointment and hiring of, and the remuneration and other conditions of employment applicable to, personnel members, subject to the provisions of a collective agreement.

The Minister may also, by regulation, establish for the persons referred to in the first paragraph who are not governed by a collective agreement a procedure of appeal for cases of dismissal, termination of employment or non-renewal of employment, except when arising from forfeiture of office, and for cases of suspension without pay or of demotion. The regulation may also prescribe a procedure for the settlement of disagreements over the interpretation and application of the conditions of employment the Minister establishes. Lastly, the regulation may prescribe a method for the designation of an arbitrator, to whom sections 100.1, 139 and 140 of the Labour Code (chapter C-27) apply, and the measures the arbitrator may take after having heard the parties.

2023, c. 34, s. 59.

Not in force

60. The Minister may, with the approval of the Conseil du trésor, enter into an agreement with a body representing the persons referred to below who work for institutions concerning their conditions of employment:

(1)  clinical biochemists and candidates for the specialist’s certificate in clinical biochemistry;

(2)  certified clinical laboratory geneticists;

(3)  pharmacists and persons in the process of obtaining a licence to practise pharmacy; and

(4)  medical physicists.

Any agreement or part of an agreement referred to in the first paragraph, if it expressly so provides, may bind any institution. However, the Minister must consult the institutions or groups of institutions that could be bound by an agreement or part of an agreement, and those institutions or groups of institutions may submit recommendations to the Minister regarding the terms of their participation in the making of the agreement or part of an agreement.

2023, c. 34, s. 60.

Not in force

61. Santé Québec must communicate to the Minister, at the Minister’s request and in the form and at the intervals determined by the Minister, the statements, statistical data, reports and other information that are required by the Minister with regard to its human resources, including students and trainees, and that are necessary for the exercise of the Minister’s functions.

Where the information required by the Minister in accordance with the first paragraph allows a member of Santé Québec’s personnel to be identified, the information may be communicated only if the delegated manager of government digital data of the Ministère de la Santé et des Services sociaux referred to in subparagraph 9.2 of the first paragraph of section 10.1 of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03) authorizes its communication.

In order to obtain the manager’s authorization, the Minister must submit a written request to the manager. In such a case, sections 81, 82, 85 to 87 and 89 of the Act respecting health and social services information (chapter R-22.1) apply to the Minister and to the manager, with the necessary modifications.

Information communicated under this section must not allow a user of an institution to be identified.

This section applies despite section 68 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2023, c. 34, s. 61.

Not in force

62. Santé Québec assumes the defence of any member of its personnel against whom judicial proceedings are brought by a third person for an act carried out in the exercise of the personnel member’s functions and pays reparation, where applicable, for the injury resulting from that act, unless a gross fault or a personal fault separable from the exercise of the personnel member’s functions has been committed.

However, in penal or criminal proceedings, Santé Québec pays the defence costs only if the person against whom judicial proceedings are brought is acquitted or if Santé Québec considers that the person acted in good faith.

2023, c. 34, s. 62.

Not in force

63. Santé Québec assumes the obligations referred to in section 62 of this Act and in sections 10 and 11 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) in respect of any person who, at its request, has acted as provisional administrator.

2023, c. 34, s. 63.

Not in force

CHAPTER III ETHICS AND PROFESSIONAL CONDUCT

2023, c. 34, c. III.

Not in force

64. The code of ethics applicable to Santé Québec’s officers and employees that its board of directors must approve under paragraph 4 of section 15 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) must contain the following provisions, in addition to those required under that Act:

(1)  the rights of users;

(2)  the practices and conduct expected of persons who, within a Santé Québec institution, engage in activities in respect of users; and

(3)  the rules governing the use of the information referred to in section 153.

The code of ethics applies to members of an institution board of directors.

2023, c. 34, s. 64.

Not in force

65. Each Santé Québec institution disseminates information about the code of ethics referred to in section 64, in particular by giving a reproduction of the code to every user it lodges or who requests it.

2023, c. 34, s. 65.

Not in force

66. A member of Santé Québec’s personnel who has a direct or indirect interest in an enterprise which causes their personal interest to conflict with that of Santé Québec must, on pain of sanctions which may include dismissal, disclose the interest in writing to the president and chief executive officer and, where applicable, abstain from participating in any decision relating to that enterprise.

2023, c. 34, s. 66.

Not in force

67. The board of directors of Santé Québec determines the standards for the application of section 66 to its personnel members as well as the standards applicable to senior management officers regarding exclusivity of office.

Senior management officers must not, on pain of sanctions which may include dismissal, contravene any of the standards regarding exclusivity of office that are determined under the first paragraph and that apply to them.

2023, c. 34, s. 67.

Not in force

68. Santé Québec’s board of directors must establish measures to prevent or put an end to the conflicts of interest that may arise from contracts entered into between Santé Québec and a member of its personnel or a person practising a profession within a Santé Québec institution, or between Santé Québec and an enterprise in which such persons have a direct or indirect interest.

2023, c. 34, s. 68.

Not in force

69. Santé Québec’s executive officers and management officers are, on pain of sanctions which may include dismissal, prohibited from accepting any sum of money or any direct or indirect benefit from a foundation or legal person that solicits funds or gifts from the public in relation to the field of health and social services.

2023, c. 34, s. 69.

Not in force

70. No one may pay to the president and chief executive officer or to a person who exercises management responsibilities under the immediate authority of the president and chief executive officer or that of the president and executive director of a Santé Québec institution a remuneration or grant them a benefit other than those provided for by this Act or the Act respecting the governance of state-owned enterprises (chapter G-1.02).

Despite the first paragraph, a remuneration that does not constitute a sum of money or a benefit referred to in section 69 may be paid to the president and executive director of a Santé Québec institution or to the person who exercises management responsibilities under the president and executive director’s immediate authority if it is paid as consideration for the practice of a professional activity to which the president and chief executive officer has agreed.

2023, c. 34, s. 70.

Not in force

TITLE III FUNCTIONS AUXILIARY TO THE PROVISION OF HEALTH SERVICES AND SOCIAL SERVICES

2023, c. 34, Tit. III.

Not in force

CHAPTER I ACCESS MECHANISMS

2023, c. 34, c. I.

Not in force

71. Where Santé Québec puts in place a mechanism for access to services in the field of health and social services, it determines, in particular, the terms governing the priority of access to all or part of those services. It may also put in place systems for the distribution and referral of users among health or social services professionals.

Santé Québec must ensure that its mechanism for access to services takes into account the territory’s characteristics as well as users’ sociocultural and linguistic characteristics and that it makes it possible to coordinate the activities of public institutions and private providers of services in the field of health and social services.

2023, c. 34, s. 71.

Not in force

72. A regulation of Santé Québec may

(1)  identify the private providers that are subject to an access mechanism referred to in the first paragraph of section 71; and

(2)  set out the obligation, for any health or social services professional belonging to a class it determines, to use any system put in place under that paragraph, and more specifically,

(a)  determine to what extent professionals must make themselves available by means of such a system;

(b)  prescribe which information necessary for the operation of such a system must be communicated to Santé Québec; and

(c)  prescribe any other requirement regarding the use of such a system.

Santé Québec must, in addition, determine by regulation to what extent persons awaiting services by means of such a mechanism must be kept informed of the progress of their request, including the priority having been granted to the request and the average wait times associated with it.

2023, c. 34, s. 72.

Not in force

73. Santé Québec sees to the development and implementation of a regional and interregional information system to monitor, on a daily basis, the situation in the institutions for which a clinical department of emergency medicine is put in place as regards the number and nature of user registrations, admissions, transfers and transports by ambulance.

2023, c. 34, s. 73.

Not in force

CHAPTER II NATIONAL PROGRAM ON THE QUALITY OF SERVICES

2023, c. 34, c. II.

Not in force

74. Santé Québec develops a national program on the quality of services, in accordance with the overall orientations and expectations regarding quality, safety, pertinence and effectiveness determined by the Minister.

The purpose of the program is to ensure that public institutions and authorization holders comply with their obligation to follow recognized practices in the following matters:

(1)  governance and means suitable for ensuring the quality of services, in particular with regard to their safety, pertinence and effectiveness; and

(2)  governance and means suitable for preventing and controlling infections associated with their provision of services.

The program sets out, in particular, the measures that, in the opinion of Santé Québec, may be established by a public institution or a holder of an authorization in order to comply with such practices, as well as the means by which the institution or authorization holder that is compliant with those practices may be officially recognized.

For the purposes of this Act, the authorization referred to in reference to its holder is an authorization granted under Title I of Part VI.

2023, c. 34, s. 74.

Not in force

75. Santé Québec may, by regulation, prescribe standards applicable to the practices to be followed by a public institution or a holder of an authorization.

Such a regulation may make the application of standards fixed by a certification or standardization body mandatory and provide that the references made to those standards are to include any subsequent changes made to them.

2023, c. 34, s. 75.

Not in force

CHAPTER III NATIONAL INFORMATION FILING SYSTEM

2023, c. 34, c. III.

Not in force

76. Santé Québec establishes a national information filing system.

The system must enable the following, among other things:

(1)  the keeping, by Santé Québec, of the records of users who receive health services or social services from public institutions;

(2)  the keeping, by private institutions, institutions governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and the Cree Board of Health and Social Services of James Bay, of the records concerning, as applicable, their users or their beneficiaries, and the preserving, on their behalf, of the information contained in those records;

(3)  the indexing of information held by the other health and social services bodies within the meaning of the Act respecting health and social services information (chapter R-22.1) and contained in the records they keep on the persons who receive from them services in the field of health and social services;

(4)  the sharing of prescriptions between health and social services bodies within the meaning of that Act and with the persons concerned;

(5)  the keeping, by the Minister, of a consent registry for the post-mortem removal of organs and tissues;

(6)  the keeping, by Santé Québec, of a register of the advance medical directives and advance requests for medical aid in dying governed by the Act respecting end-of-life care (chapter S-32.0001);

(7)  the putting in place, by Santé Québec, of a mechanism enabling a person to find a health or social services professional who belongs to a class of professionals, and practises in premises belonging to a class, identified by the Minister and who agrees to provide medical care to them in collaboration, if applicable, with other professionals;

(8)  the putting in place, by Santé Québec, of a mechanism for booking appointments with a health or social services professional who belongs to a class of professionals, and practises in premises belonging to a class, identified by the Minister;

(9)  the simplifying of access to and of any other use and communication of information, in accordance with the information protection regimes applicable to it, in particular the regime provided for by the Act respecting health and social services information; and

(10)  the implementing of any other functionality determined by regulation of Santé Québec.

It must also enable the logging of every access to the system by a person, whether the purpose of the access is to file information in the system, to use the information or to be given communication of it.

Despite section 6, this chapter applies to the territories referred to in sections 530.1 and 530.89 of the Act respecting health services and social services for the Inuit and Naskapi and to the territory of the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5).

2023, c. 34, s. 76.

Not in force

77. A regulation of Santé Québec determines the terms and conditions governing the use of the national information filing system.

The regulation may also prescribe

(1)  any standard relating to the establishing and keeping of, and the particulars and documents contained in, the records of users of the public and private institutions governed by this Act, whether or not the records are kept in the national information filing system;

(2)  the obligation for all or some of the private institutions or the institutions governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or for the Cree Board of Health and Social Services of James Bay to use the national information filing system for keeping the records concerning, as applicable, their users or their beneficiaries, and for preserving, on their behalf, the information contained in those records;

(3)  the obligation for all or some of the other health and social services bodies within the meaning of the Act respecting health and social services information (chapter R-22.1) to allow the indexing of information that they hold and that is contained in the records they keep on the persons who receive from them services in the field of health and social services; and

(4)  the provisions of the regulation whose violation constitutes an offence.

2023, c. 34, s. 77.

Not in force

78. Santé Québec establishes the following registers for, among other things, the operation of the national information filing system:

(1)  a register of users enabling the unique identification of every person to whom services in the field of health and social services are provided;

(2)  a register of service providers enabling the unique identification of every health and social service provider within the meaning of the Act respecting health and social services information (chapter R-22.1); and

(3)  a register of bodies enabling the unique identification of every health and social services body within the meaning of that Act.

The above registers may also be used by Santé Québec or communicated to the Minister on request for any other purpose related to the organization, planning or provision of services or the supply of goods or services in the field of health and social services.

A regulation of Santé Québec determines the registration terms for those registers and the information the registers must contain.

2023, c. 34, s. 78.

Not in force

79. Where Santé Québec has cause to believe that a confidentiality incident involving personal information contained in the national information filing system or a register referred to in section 78 has occurred or that there is a risk of such an incident occurring, it must take reasonable measures to reduce the risk of injury and to prevent new incidents of the same nature.

If the incident presents a risk of serious injury, Santé Québec must promptly notify the Commission d’accès à l’information and the Minister. It must also notify the person or group holding the information concerned by the incident, as well as any person whose information is concerned by the incident, failing which the Commission may order it to do so. It may also notify any person or group that could reduce the risk and send the person or group, without the consent of the person concerned, any personal information necessary for that purpose.

Despite the second paragraph, a person whose information is concerned by the incident need not be notified so long as doing so could hamper an investigation conducted by a person or group responsible by law for the prevention, detection or repression of crime or statutory offences.

A government regulation may determine the content and terms of the notices provided for in this section.

For the purposes of this chapter, “confidentiality incident” means access to personal information or any other use or communication of such information not authorized by law, the loss of such information or any other breach of its protection.

2023, c. 34, s. 79.

Not in force

80. In assessing the risk of injury to a person whose personal information is concerned by a confidentiality incident, Santé Québec must consider, in particular, the sensitivity of the information concerned, the anticipated consequences of its use and the likelihood that such information will be used for injurious purposes.

2023, c. 34, s. 80.

Not in force

81. Santé Québec must keep a register of confidentiality incidents. A government regulation may determine the content of the register.

A copy of the register must be sent to the Commission de l’accès à l’information at its request.

2023, c. 34, s. 81.

Not in force

82. Santé Québec may itself assume the operations management of the national information filing system and of the registers referred to in section 78, or it may entrust all or part of that management to an operations manager.

Santé Québec or, if applicable, the operations manager must

(1)  put in place security measures suitable for ensuring the protection of information as well as its availability in a manner consistent with, as concerns health and social services information within the meaning of the Act respecting health and social services information (chapter R-22.1), the health and social services information governance rules referred to in section 90 of that Act and the special rules defined by the health and social services network information officer under section 97 of that Act; and

(2)  proactively monitor the national information filing system access logs.

When Santé Québec entrusts all or part of the operations management of the system or of a register to an operations manager, it enters into a written agreement with the operations manager, which agreement must, among other things, set out the obligations provided for in the second paragraph as well as the obligations

(1)  to send to Santé Québec, each year, an assessment report enabling it to, among other things, validate the security measures put in place and assess the efficiency and performance of the system as well as the benefits resulting from its establishment; and

(2)  to notify Santé Québec without delay of any confidentiality incident.

The agreement must also set out the cases and circumstances in which and conditions on which the operations manager may, after notifying Santé Québec, entrust to a third person, by mandate or by contract of enterprise or for services, all or part of the services dedicated to hosting, operating or using the national information filing system or a register under the manager’s management. In such a case, the manager must comply with sections 77 and 78 of the Act respecting health and social services information, with the necessary modifications.

2023, c. 34, s. 82.

Not in force

83. Santé Québec or any person it designates may, by a formal demand notified by any appropriate method, require an operations manager to file, within the reasonable time specified, any information or document enabling verification of compliance with the obligations set out in the agreement.

The operations manager to whom the demand is made must comply with it within the specified time regardless of whether the operations manager has already filed such information or documents in response to a similar demand or to fulfil an obligation under this Act or the regulations.

2023, c. 34, s. 83.

Not in force

84. Santé Québec or an operations manager to whom it has entrusted the management of any of the registers referred to in section 78 may require from the following persons or groups any information necessary for keeping those registers or identifying a person, including a service provider within the meaning of the Act respecting health and social services information (chapter R-22.1), or a health and social services body within the meaning of that Act:

(1)  the person concerned;

(2)  the professional order concerned, where applicable;

(3)  a health and social services body; and

(4)  any other person or group or class or category of persons or groups designated by a regulation of Santé Québec.

The above persons and groups must send to Santé Québec or, where applicable, to the operations manager designated by it, the information required and, subsequently, must inform Santé Québec or the operations manager, as applicable, as soon as possible of any change made to the information.

2023, c. 34, s. 84.

Not in force

CHAPTER IV NATIONAL STRATEGIC RESERVE OF MEDICATIONS AND SUPPLIES

2023, c. 34, c. IV.

Not in force

85. Santé Québec must be sure to maintain, for the benefit of the public institutions and private institutions under agreement governed by this Act, the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and the Act respecting health services and social services for Cree Native persons (chapter S-5) and, with the Minister’s authorization, for the benefit of any other person or group, a strategic reserve of the medications and supplies determined by the Minister, in particular to respond to significant or unexpected demand and to supply problems.

2023, c. 34, s. 85.

Not in force

CHAPTER V NATIONAL USERS’ COMMITTEE

2023, c. 34, c. V.

Not in force

86. The national users’ committee that Santé Québec is required to form is composed of the following members:

(1)  at least three persons designated by and from among the members of the users’ committees of public and private institutions;

(2)  three persons designated by Santé Québec’s board of directors from a list of names provided by the bodies it identifies that represent the members on users’ committees;

(3)  one person exercising management responsibilities under the immediate authority of the president and chief executive officer designated by the board of directors.

The members designated under subparagraphs 1 and 2 of the first paragraph are appointed for a term of up to four years, which may be consecutively renewed only once.

At the expiry of their terms, members remain in office until they are replaced or reappointed.

2023, c. 34, s. 86.

Not in force

87. The national users’ committee establishes its operating rules.

The operating rules include the terms governing a designation made under subparagraph 1 of the first paragraph of section 86 as well as the terms governing the drawing up of the list provided by the bodies identified under subparagraph 2 of that paragraph.

Those terms must foster the representativeness of the national users’ committee, in particular by ensuring that the persons designated under subparagraph 1 of the first paragraph of section 86 are, alternately, from various health regions.

Where there is no designation complying with the terms or no list drawn up in accordance with them, the board of directors may designate any user of its choice.

The operating rules setting out the terms referred to in the second paragraph come into force after being approved by Santé Québec’s board of directors.

2023, c. 34, s. 87.

Not in force

88. The national users’ committee’s functions are to

(1)  promote the improvement of the practices developed by users’ committees in the exercise of the functions entrusted to them by this Act;

(2)  support the exercise of the functions of those committees;

(3)  make recommendations to Santé Québec’s board of directors to improve access to services, the quality of services, and users’ living conditions;

(4)  give its opinion to Santé Québec’s board of directors on the national program on the quality of services referred to in section 74;

(5)  give the Minister its opinion on the problems faced by users and the solutions to those problems; and

(6)  perform any other function entrusted to it by Santé Québec’s board of directors or by the Minister.

2023, c. 34, s. 88.

Not in force

CHAPTER VI NATIONAL REGISTER OF INCIDENTS AND ACCIDENTS

2023, c. 34, c. VI.

Not in force

89. To prevent the recurrence of incidents and accidents in the provision of health services and social services, Santé Québec establishes and maintains, from the content of the local registers referred to in paragraph 3 of section 176, a national register of incidents and accidents.

Santé Québec monitors and analyzes the causes of those incidents and accidents. In addition, Santé Québec takes measures to prevent them from recurring and, if applicable, control measures. Santé Québec also follows up on the application of such measures.

2023, c. 34, s. 89.

Not in force

90. Santé Québec sends to the Minister, each year and whenever the Minister so requests, according to the form and content and at the intervals determined by the Minister, a report on the incidents and accidents that occurred in the course of the provision of health services and social services.

In the report, Santé Québec states its main findings drawn from its analysis of the causes of the incidents and accidents and the prevention and control measures it intends to take as a priority.

The Minister publishes the report on the Minister’s department’s website.

2023, c. 34, s. 90.

Not in force

91. Santé Québec’s by-laws must provide rules concerning the disclosure to a user, to a representative of a user who is a minor or an incapable person of full age or, in the event of a user’s death, to a person related to the user of any necessary information when an accident occurs.

2023, c. 34, s. 91.

Not in force

CHAPTER VII PUBLIC HEALTH DEPARTMENTS AND DIRECTORS

2023, c. 34, c. VII.

Not in force

92. A public health department must be formed for each health region.

Santé Québec must, with regard to each of those departments,

(1)  ensure the security and confidentiality of the personal or confidential information obtained in the exercise of the public health department’s functions; and

(2)  organize services and allocate resources for the purposes of the regional public health action plan provided for in the Public Health Act (chapter S-2.2).

2023, c. 34, s. 92.

Not in force

93. The Minister, on the recommendation of Santé Québec, appoints a public health director for each health region. The same person may be public health director for more than one health region.

A public health director must be a physician who holds a specialist’s certificate in public health and preventive medicine or who has five years of experience in the practice of public health. The director is appointed for a term not exceeding four years, at the expiry of which the director remains in office until replaced or reappointed.

The Minister appoints a person to represent the Minister in the public health director selection process.

2023, c. 34, s. 93.

Not in force

94. The Minister may, if a public health director is unable to act, commits a serious fault or tolerates a situation which could pose a threat to the health of the population, entrust, for the time and on the conditions the Minister considers appropriate, the functions and powers vested in that director to another public health director, the national public health director appointed under the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2) or a physician the Minister designates.

The Minister immediately notifies the president and chief executive officer and the board of directors of Santé Québec of the decision.

2023, c. 34, s. 94.

Not in force

95. Public health directors are responsible, in respect of their region,

(1)  for managing the regional public health action plan provided for by the Public Health Act (chapter S-2.2);

(2)  for informing the population of the general state of health of the individuals that make up that population, the major health problems, the groups most at risk, the principal risk factors and the interventions the public health director considers the most effective, for monitoring the evolution of those elements and, if applicable, for conducting the studies or research required for that purpose;

(3)  for identifying situations which could pose a threat to the population’s health and seeing to it that the measures necessary for its protection are put in place;

(4)  for ensuring expertise in public health and advising Santé Québec on prevention services conducive to reducing mortality and avoidable morbidity; and

(5)  for identifying the situations in which intersectorial action is necessary to prevent diseases, traumas or social problems that have an impact on the health of the population and, where the public health director considers it appropriate, for taking the measures considered necessary to foster such action.

Public health directors are also responsible for entrusting any mandate to the head of a clinical department of public health.

In addition, such directors exercise any other function entrusted to them by the Public Health Act.

2023, c. 34, s. 95.

Not in force

96. Public health directors carry out any other mandate entrusted to them by Santé Québec within the scope of their functions.

2023, c. 34, s. 96.

Not in force

97. Public health directors must, without delay, inform the national public health director of any emergency situation or of any situation posing a threat to the health of the population.

2023, c. 34, s. 97.

Not in force

98. The national public health director may request a public health director to report on decisions they made or opinions they gave on public health matters in the exercise of their functions.

The public health director sends the decisions made and opinions given to the national public health director in accordance with the terms determined by the latter.

2023, c. 34, s. 98.

Not in force

99. Physicians and dentists practising their profession within the public health department formed for a health region are members of the clinical department of public health established within a Santé Québec institution designated by Santé Québec’s board of directors under the second paragraph of section 214.

2023, c. 34, s. 99.

Not in force

100. Public health directors exercise the functions and responsibilities of a medical and professional services director set out in section 217, the first paragraph of section 218 and sections 219 to 221 with regard to the clinical department of public health referred to in section 99 and its head, with the necessary modifications. Moreover, that department’s rules for medical and dental care and rules for the use of medications must be approved beforehand by the public health director.

In addition to the responsibilities entrusted by this Act to the head of that clinical department, the latter carries out any mandate entrusted to them by the public health director.

2023, c. 34, s. 100.

Not in force

101. Santé Québec creates a panel called the “Table nationale de coordination de santé publique”. Chaired by the national public health director, the panel brings together the public health directors, the public health ministerial officials and the officials of the Institut national de santé publique. The panel may create thematic panels and other committees as needed.

2023, c. 34, s. 101.

Not in force

TITLE IV SPECIAL POWERS OF SANTÉ QUÉBEC, RESTRICTIONS TO CERTAIN OTHER POWERS, FINANCING, CONTRIBUTIONS AND FOUNDATIONS

2023, c. 34, Tit. IV.

Not in force

CHAPTER I SPECIAL POWERS OF SANTÉ QUÉBEC AND RESTRICTIONS TO CERTAIN OTHER POWERS

2023, c. 34, c. I.

Not in force

102. Santé Québec may acquire, by expropriation, any immovable required for its purposes.

2023, c. 34, s. 102.

Not in force

103. Despite section 6, Santé Québec may require private institutions and institutions governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) to use an information asset it determines.

In such a case, Santé Québec must take into account the guidelines, standards, strategies, directives, rules and application instructions made under the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03).

2023, c. 34, s. 103.

Not in force

104. Santé Québec may not, without the authorization of the Government,

(1)  contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government; or

(2)  in excess of the limits or in contravention of the terms and conditions determined by the Government,

(a)  make financial commitments;

(b)  acquire, hold, transfer or otherwise dispose of securities or other movable or immovable property;

(c)  accept a gift, a legacy or another contribution to which a charge or condition is attached or that has the immediate or foreseeable effect of increasing Santé Québec’s expenditures; or

(d)  renounce the exercise of a right.

The order that determines the limits and terms and conditions referred to in subparagraph 2 of the first paragraph is made on the recommendation of the Minister of Finance and the Chair of the Conseil du trésor.

The Government may, on the conditions and to the extent it determines, delegate to the Conseil du trésor or to the Minister the power to grant an authorization necessary under subparagraph 2 of the first paragraph, except as regards the acquisition, holding or transfer of securities and the financial commitments determined by a regulation made under the first paragraph of section 77.3 of the Financial Administration Act (chapter A-6.001).

2023, c. 34, s. 104.

Not in force

105. Where a loan contracted by Santé Québec involves a sinking fund, the management of that fund may be entrusted to the Minister of Finance.

2023, c. 34, s. 105.

Not in force

106. The Government may, subject to the terms and conditions it determines,

(1)  guarantee the payment of the principal of and interest on any loan contracted by Santé Québec and the performance of Santé Québec’s obligations; and

(2)  authorize the Minister of Finance to advance to Santé Québec any amount considered necessary for the pursuit of Santé Québec’s purposes.

The sums required for the purposes of this section are taken out of the Consolidated Revenue Fund.

2023, c. 34, s. 106.

Not in force

107. Santé Québec may, on the conditions determined for that purpose by the Minister and in accordance with the law, enter into an agreement with a government other than that of Québec, a department of such a government, an international organization or an agency of such a government or organization for the carrying out of its functions.

2023, c. 34, s. 107.

Not in force

108. Santé Québec must not call on a personnel placement agency’s services or on independent labour, except to the extent prescribed by government regulation.

The provisions of the second and third paragraphs of section 668 and those of section 669 are, in all other respects, applicable to such a regulation and to Santé Québec, with the necessary modifications.

2023, c. 34, s. 108.

Not in force

CHAPTER II FINANCING, CONTRIBUTIONS AND FOUNDATIONS

2023, c. 34, c. II.

Not in force

DIVISION I FINANCING

2023, c. 34, Div. I.

Not in force

109. Santé Québec finances its activities out of the revenue derived from the subsidies it receives, the duties, fees, dues and other types of remuneration it charges and the other sums to which it is entitled.

2023, c. 34, s. 109.

Not in force

110. Each year, after consulting Santé Québec, the Minister establishes budgetary rules to determine the amount of expenditures that are eligible for subsidies to be allocated to Santé Québec for the financing of the health and social services system.

The budgetary rules must be submitted to the Conseil du trésor for approval and, once approved, are public.

2023, c. 34, s. 110.

Not in force

111. Each year, the Minister establishes special budgetary rules applicable to Santé Québec with respect to its management, which rules must provide for separate accounting records to be kept for each service program.

In addition, each year, the Minister establishes special budgetary rules for the granting of subsidies by Santé Québec to community organizations, and to any person or body that is eligible or that fulfills a special obligation arising from this Act or an agreement entered into in accordance with this Act.

The budgetary rules referred to in the second paragraph must be submitted to the Conseil du trésor for approval and, once approved, are public.

In this Act, “community organization” means a legal person constituted under an Act of Québec for non-profit purposes whose affairs are administered by a board of directors composed in the majority of users of the services offered by the organization or of members of the community served by the organization and whose activities are related to the field of health and social services.

2023, c. 34, s. 111.

Not in force

112. The special budgetary rules referred to in the second paragraph of section 111 may provide that the granting of a subsidy may be

(1)  made on the basis of general standards applicable to all those eligible or on the basis of special standards applicable to only some of them;

(2)  subject to general conditions applicable to all those eligible or to special conditions applicable to only one or some of them;

(3)  subject to authorization by the Minister; or

(4)  made to only one or some of those eligible.

2023, c. 34, s. 112.

Not in force

113. The budgetary rules referred to in sections 110 and 111 may also deal with

(1)  the use of the revenue that may be collected and of the financial contributions that must be required under this Act, and their effects on the calculation or payment of subsidies; and

(2)  the frequency of instalments and other terms and conditions of payment of a subsidy.

2023, c. 34, s. 113.

Not in force

114. For the purpose of granting subsidies to community organizations, Santé Québec develops a financial assistance program, in keeping with the budgetary rules applicable. Santé Québec must also develop such a program for the granting of subsidies to any person or other group that the Conseil du trésor may designate from among those referred to in the second paragraph of section 111.

A financial assistance program sets out the eligibility criteria for subsidies, the scales and limits of the subsidies, and the terms governing their allocation.

Any financial assistance program developed under this section is to be submitted to the Conseil du trésor and to the Minister for approval.

2023, c. 34, s. 114.

Not in force

115. Santé Québec sees to it that the resources necessary for financing the health and social services system are allocated among the regions, according to the populations to be served, their social and health characteristics, and regional characteristics and needs.

Santé Québec establishes resource allocation mechanisms in order to allow the institutions to manage the resource envelopes allocated to them.

2023, c. 34, s. 115.

Not in force

DIVISION II CONTRIBUTIONS AND FOUNDATIONS

2023, c. 34, Div. II.

Not in force

116. Santé Québec must allocate to one of its institutions the gifts, legacies and other contributions that it receives and that the contributors intended for that institution.

Santé Québec must also allocate the revenues generated by an institution’s research or innovation activities to that institution.

For those purposes, Santé Québec keeps separate accounting records for contributions of a financial nature.

2023, c. 34, s. 116.

Not in force

117. Unless the contributor has expressed a wish to the contrary, Santé Québec must entrust the administration of any financial contribution it receives and that is intended for one of its institutions to a foundation of that institution, if there is a foundation, until the institution’s president and executive director or the person designated by the latter is of the opinion that it is possible to dispose of the contribution in accordance with its allocation.

The foundation acts as an administrator of the property of others charged with full administration, unless Santé Québec charges the foundation with simple administration only.

The first paragraph does not apply where the foundation has been found guilty of an offence or an indictable offence involving fraud or dishonesty.

2023, c. 34, s. 117.

Not in force

118. Santé Québec must allocate the gifts, legacies and other contributions, as well as the assets derived from them, to the institution for which they were intended before the application of section 1492.

2023, c. 34, s. 118.

Not in force

119. Where Santé Québec receives a contribution allocated by its contributor for special purposes or to provide a Santé Québec institution with capital that must be preserved and of which only the income may be used, if it does not entrust the contribution to a foundation of an institution in accordance with section 117, it must deposit or invest the contribution in accordance with the provisions of the Civil Code respecting investments presumed sound, until it disposes of the contribution in accordance with its allocation.

2023, c. 34, s. 119.

Not in force

120. For the purposes of this Act, a non-profit legal person that meets the following conditions is considered to be a foundation of an institution:

(1)  its object is, essentially, to collect contributions made for the benefit of a Santé Québec institution designated by name in its constituting act or for the benefit of another institution substituted for it by Santé Québec’s board of directors; and

(2)  its principal object is to collect contributions for the benefit of all or part of the mission pursued by such an institution, to be used for any of the following purposes:

(a)  the purchase, construction, renovation, improvement, enlargement or development of immovable property put at the disposal of the institution;

(b)  the purchase, installation, improvement or replacement of furnishings, equipment or tools put at the disposal of the institution;

(c)  the research and innovation activities of the institution;

(d)  the improvement of the quality of life of the users of the institution; or

(e)  the training and development of the human resources carrying on their activities within the institution for specific needs.

2023, c. 34, s. 120.

Not in force

121. No contribution allocated to an institution under section 116 and received by Santé Québec from a foundation of that institution may be reallocated for a purpose other than the one for which it was received or to another institution without the foundation’s authorization.

2023, c. 34, s. 121.

Not in force

122. Except for the first paragraph of section 116, the provisions of this division do not apply to a subsidy paid to Santé Québec under Division I.

Unless the contributor has expressed a desire to the contrary, the same applies to the following contributions:

(1)  a contribution that comes, even indirectly, from the Consolidated Revenue Fund;

(2)  a contribution paid by a person or group whose results are consolidated in the Government’s financial statements referred to in paragraph 1 of section 86 of the Financial Administration Act (chapter A-6.001);

(3)  a contribution paid by a government in Canada other than that of Québec, one of that government’s departments, one of its government agencies or a federal public agency within the meaning assigned to the latter two expressions by the Act respecting the Ministère du Conseil exécutif (chapter M-30); and

(4)  a contribution paid under an instrument entered into before the coming into force of section 117.

2023, c. 34, s. 122.

Not in force

123. The provisions of this division, other than the second paragraph of section 117, do not restrict or withdraw the powers of an institution’s foundation in administering the gifts, legacies and other contributions it receives.

2023, c. 34, s. 123.

Not in force

TITLE V STRATEGIC PLAN, ACCOUNTS AND REPORTS

2023, c. 34, Tit. V.

Not in force

124. The strategic plan of Santé Québec is established according to the form and content and at the intervals determined by the Government. It must indicate, in particular,

(1)  the context in which Santé Québec acts and the main challenges it faces;

(2)  the objectives and strategic orientations of Santé Québec;

(3)  the results targeted over the period covered by the plan;

(4)  the performance indicators to be used in measuring the achievement of results; and

(5)  any other element determined by the Minister.

2023, c. 34, s. 124.

Not in force

125. In drawing up Santé Québec’s strategic plan, the board of directors must consult the institution boards of directors.

2023, c. 34, s. 125.

Not in force

126. Santé Québec’s fiscal year ends on 31 March.

2023, c. 34, s. 126.

Not in force

127. Not later than 30 June each year, Santé Québec must file its financial statements and an annual management report for the preceding fiscal year with the Minister.

In addition to the information required under the Act respecting the governance of state-owned enterprises (chapter G-1.02), the annual management report must include

(1)  Santé Québec’s staffing numbers;

(2)  the average remuneration, including variable remuneration and other benefits, paid to its employees and the standard deviation;

(3)  a summary of the report submitted to Santé Québec’s board of directors by the national watchdog committee;

(4)  a description of the interregional resource allocation method used under the first paragraph of section 115, and the reasons for the method chosen;

(5)  the mechanisms put in place in accordance with subparagraph 8 of the first paragraph of section 27; and

(6)  the difficulties encountered during the fiscal year concerning access to health services and social services required by users of the institutions, and the difficulties relating to services in the field of health and social services that are subject to the access mechanisms Santé Québec put in place.

The annual management report must also account for the monitoring of the indicators referred to in paragraph 4 of section 124.

Moreover, the financial statements and the annual management report must contain any information required by the Minister.

2023, c. 34, s. 127.

Not in force

128. Santé Québec sends the Minister, in the form determined by the Minister, a monthly financial report and a monthly estimate of expenditures regarding the operation of Santé Québec, not later than the 30th day after the end of the month concerned. It sends the Minister a preliminary version of the monthly financial report not later than the 10th working day after the end of the month concerned.

The Minister provides, within the same time, a reproduction of each of those versions to the Minister of Finance and to the Chair of the Conseil du trésor.

The reports referred to in the first paragraph must contain any information required by the Minister.

In addition, Santé Québec sends the Minister any other report on the matters referred to in the first paragraph according to the form and content and at the intervals determined by the Minister.

2023, c. 34, s. 128.

Not in force

129. Santé Québec must communicate to the Minister, in the form and at the intervals determined by the Minister, any information the Minister requires concerning Santé Québec’s activities.

2023, c. 34, s. 129.

Not in force

130. The Minister tables the financial statements and the annual management report of Santé Québec referred to in section 127 in the National Assembly within 30 days of receiving them or, if the Assembly is not sitting, within 30 days of resumption.

2023, c. 34, s. 130.

Not in force

131. Santé Québec’s books and accounts are audited by the Auditor General every year and whenever the Government so orders.

The Auditor General’s report must be submitted with Santé Québec’s annual management report and financial statements.

2023, c. 34, s. 131.

Not in force

PART III INSTITUTIONS, PROVISION OF HEALTH SERVICES AND SOCIAL SERVICES AND UNIVERSITY AFFAIRS

2023, c. 34, Part III.

Not in force

TITLE I ORGANIZATION AND GOVERNANCE OF INSTITUTIONS

2023, c. 34, Tit. I.

Not in force

CHAPTER I SANTÉ QUÉBEC INSTITUTIONS

2023, c. 34, c. I.

Not in force

DIVISION I INSTITUTION BOARD OF DIRECTORS AND COMMITTEES FORMED BY THE INSTITUTION BOARD OF DIRECTORS

2023, c. 34, Div. I.

Not in force

§ 1 . — Establishment, composition and operation of institution boards of directors

2023, c. 34, Sd. 1.

Not in force

132. An institution board of directors is established in each Santé Québec institution.

2023, c. 34, s. 132.

Not in force

133. The institution board of directors is composed of the president and executive director and of the following persons appointed for a four-year term by Santé Québec’s board of directors:

(1)  two users of the institution;

(2)  six persons who collectively have the appropriate competence and expertise in the following fields:

(a)  expertise in community organizations;

(b)  expertise in the business sector;

(c)  competence in governance, performance, quality management or ethics;

(d)  competence in risk management, finance or accounting;

(e)  competence in human resources; and

(f)  competence in immovable or information resources;

(3)  two persons representing the teaching and research sector;

(4)  three persons representing the personnel and the other persons performing their activities within the institution, including one person having experience relevant to the provision of health services and another person having experience relevant to the provision of social services;

(5)  in the case of a territorial institution, one to three elected municipal officers from the territory served by the institution, without exceeding the number of local health and social services networks for which the institution is responsible and with not more than one person being from the same local health and social services network territory; and

(6)  in the case of an institution that is other than territorial, one person representing territorial institutions served by the institution.

In addition, the institution board of directors includes the following members designated for a four-year term:

(1)  one representative designated by the institution’s foundation or, if there is more than one foundation, by its foundations; and

(2)  one user of the institution designated by the institution’s users’ committee.

2023, c. 34, s. 133.

Not in force

134. Santé Québec’s board of directors chooses the persons it appoints under subparagraphs 1 and 3 to 5 of the first paragraph of section 133 from among the candidates mentioned in the lists drawn up by the president and executive director of the institution.

Despite subparagraph 1 of the first paragraph of section 133, a person who, in the opinion of the president and executive director of the institution concerned, is able to represent the interests of all users may be substituted for a user, where the specialization of the services offered by an institution to its users make it difficult to appoint them as members of the institution board of directors. In the same circumstances, the users’ committee may make such a substitution despite subparagraph 2 of the second paragraph of section 133.

The president and executive director consults the institution’s users’ committee and the regional committee formed for the health region under section 417 before drawing up the list of candidates from which the board of directors will select the users it appoints under subparagraph 1 of the first paragraph of section 133.

The president and executive director consults the educational institutions concerned before drawing up the list of candidates from which the board of directors will choose the persons representing the teaching and research sector whom the president and executive director appoints under subparagraph 3 of the first paragraph of section 133.

Santé Québec’s by-laws may prescribe the other terms and conditions for drawing up of the lists of candidates.

2023, c. 34, s. 134.

Not in force

135. The number of women on the institution board of directors must correspond to a proportion of at least 40% of the total number of persons who are members of the board.

2023, c. 34, s. 135.

Not in force

136. The institution board of directors must include at least one member 35 years of age or under at the time of appointment.

2023, c. 34, s. 136.

Not in force

137. The institution board of directors must include at least one member who, in the opinion of Santé Québec’s board of directors, is representative of the diversity of Québec society.

Where, in the opinion of the board of directors, the health needs of the communities forming the population served by the institution justify it, that number is increased to two members, including one Indigenous person. Santé Québec’s by-laws must prescribe the consultation process leading to that appointment.

2023, c. 34, s. 137.

Not in force

138. At least two-thirds of the institution board of directors’ members referred to in subparagraphs 1 and 2 of the first paragraph of section 133 must qualify as independent members in the opinion of Santé Québec’s board of directors.

Members qualify as independent members if they have no direct or indirect relationships or interests, in particular of a financial, commercial, professional or philanthropic nature, that could interfere with the quality of their decisions as regards Santé Québec’s interests.

The following are deemed not to be independent members:

(1)  members who are in the employ of or practise within Santé Québec or who, in the three years preceding appointment to office, were in the employ of or practised within Santé Québec;

(2)  members who are in the employ of the Government or a government agency within the meaning of section 4 of the Auditor General Act (chapter V-5.01); and

(3)  members having an immediate family member who is a senior officer of Santé Québec.

2023, c. 34, s. 138.

Not in force

139. For a member of the institution board of directors having the status of independent member, the sole fact of being in a limited and specific conflict of interest situation does not disqualify the member as an independent member.

2023, c. 34, s. 139.

Not in force

140. A member of the institution board of directors appointed as an independent member must disclose in writing to Santé Québec’s board of directors any situation that could affect the member’s status.

2023, c. 34, s. 140.

Not in force

141. No act or document, or decision, of an institution board of directors is invalid because less than two-thirds of the board members referred to in subparagraphs 1 and 2 of the first paragraph of section 133 are independent members, or because the requirements prescribed in sections 135, 136 or 137 are not met.

2023, c. 34, s. 141.

Not in force

142. When appointing a member to the institution board of directors, Santé Québec’s board of directors must take into account the sociocultural, ethnocultural, linguistic or demographic composition of the user population the institution serves. It must also ensure adequate representation of the population of the various parts of the territory served by the institution.

More specifically, before appointing a person under subparagraph a of subparagraph 2 of the first paragraph of section 133, Santé Québec’s board of directors must consult the bodies it considers representative of the community sector.

2023, c. 34, s. 142.

Not in force

143. The following cannot be members of the institution board of directors:

(1)  persons disqualified for office as directors under the Civil Code;

(2)  persons not residing in Québec;

(3)  persons found guilty, in the last five years, of a crime punishable by three years of imprisonment or more, unless they obtained a pardon; or

(4)  persons who, in the last three years, were

(a)  forfeited of office as a member of the board of directors of a private institution; or

(b)  found guilty of an offence against this Act or the regulations, unless they obtained a pardon.

2023, c. 34, s. 143.

Not in force

144. At the expiry of their term, the members of the institution board of directors remain in office until they are replaced or reappointed.

2023, c. 34, s. 144.

Not in force

145. In accordance with the parameters defined by the Minister, Santé Québec remunerates the members of each institution board of directors, other than the president and executive director, to the extent and on the conditions it determines.

The members of an institution board of directors are also entitled to the reimbursement of expenses incurred in the exercise of their functions, to the extent and on the conditions determined by Santé Québec.

2023, c. 34, s. 145.

Not in force

146. Members of an institution board of directors may not, unless duly authorized, disclose or communicate to anyone confidential information obtained in or in connection with the carrying out of the functions of office. They may not use information thus obtained for their profit or the profit of third persons.

2023, c. 34, s. 146.

Not in force

147. Members of the institution board of directors designate a chair and a vice-chair from among their members who qualify as independent members; their term of office as such may not exceed four years.

2023, c. 34, s. 147.

Not in force

148. The chair of the institution board of directors presides over the meetings, sees to its proper functioning and assumes all other functions assigned to the chair by the institution board.

The vice-chair replaces the chair when the chair is absent or unable to act.

2023, c. 34, s. 148.

Not in force

149. The by-laws of a Santé Québec institution set out the institution board of directors’ operating rules.

2023, c. 34, s. 149.

Not in force

150. The institution board of directors establishes the institution’s strategic directions, sees to their implementation and inquires into any matter it considers important regarding the activities for which the powers of Santé Québec’s board of directors have been delegated to it under section 52.

The institution board of directors may, on the terms and conditions it determines, delegate the powers delegated to it under section 52 to the president and executive director and allow the latter to subdelegate those powers to another personnel member assigned to performing tasks within the institution.

2023, c. 34, s. 150.

Not in force

§ 2 . — Functions of institution boards of directors

2023, c. 34, Sd. 2.

Not in force

151. The institution board of directors, in addition to the functions conferred on it by this Act, may give its opinion to the president and executive director on any subject concerning the institution’s activities and governance, including

(1)  the administrative, professional and scientific organization of the institution;

(2)  the provision of services within the institution, particularly with regard to

(a)  users’ experience with regard to the health services and social services offered by the institution;

(b)  complaint management;

(c)  the social and health needs and the distinctive characteristics of the communities forming the population served by the institution; and

(d)  the accessibility of health services and social services;

(3)  the recommendations made by the advisory committee referred to in section 160;

(4)  the maintenance and development of the institution’s organizational culture; and

(5)  the management of the resources available to the institution.

The institution board of directors may also give its opinion to the president and executive director on the manner in which resources are allocated among the regions under the first paragraph of section 115.

The institution board of directors may require the president and executive director to follow up on an opinion it has given. The president and executive director must communicate to the institution board the reasons for any refusal to follow up on such an opinion.

2023, c. 34, s. 151.

Not in force

152. The institution board of directors maintains relations with the communities forming the population served by the institution and any other relations it considers necessary for the exercise of its functions. As needed, it holds consultations, asks for opinions and receives and hears the requests and suggestions from persons, bodies or associations. It may also create subcommittees.

2023, c. 34, s. 152.

Not in force

153. The institution board of directors must make an annual assessment of users’ experience with regard to the health services and social services offered by the institution and of the health and social needs of the communities forming the population served by the institution.

An institution may use the name, address, telephone number and other contact information for reaching a user that are contained in the user’s record to make surveys to ascertain user expectations and satisfaction with regard to the quality of the services offered by the institution.

A user may, at any time, request the institution to no longer use the information concerning them for such a purpose.

2023, c. 34, s. 153.

Not in force

154. Each year, the institution board of directors submits a report to Santé Québec’s board of directors, in the form determined by the latter, on the exercise of its functions and the opinions resulting from it.

2023, c. 34, s. 154.

Not in force

§ 3 . — Committees formed by the institution board of directors

2023, c. 34, Sd. 3.

Not in force

I.  — Watchdog committee

2023, c. 34, Sd. I.

Not in force

155. The institution board of directors must create a watchdog committee.

2023, c. 34, s. 155.

Not in force

156. The watchdog committee is mainly responsible for ensuring the follow-up, with the institution board of directors, of the following recommendations:

(1)  the recommendations made by the service quality and complaints commissioner regarding

(a)  complaints or interventions made in accordance with the provisions of this Act; and

(b)  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

(2)  the recommendations of the Health and Social Services Ombudsman regarding

(a)  complaints made in accordance with the provisions of the Act respecting the Health and Social Services Ombudsman (chapter P-31.1); and

(b)  interventions made in accordance with the provisions of that Act.

The committee is also responsible for overseeing all the activities of the other entities established within the institution to exercise responsibilities relating to accessibility to services, the pertinence, quality, safety or effectiveness of the services provided, respect for users’ rights or the handling of user complaints, and for ensuring follow-up of the recommendations of those other entities.

2023, c. 34, s. 156.

Not in force

157. The watchdog committee is composed of the following five persons:

(1)  the president and executive director;

(2)  the service quality and complaints commissioner;

(3)  two persons chosen by the institution board of directors from among its members who do not work for Santé Québec or who do not practise their profession within a Santé Québec institution; and

(4)  the user designated under subparagraph 2 of the second paragraph of section 133.

2023, c. 34, s. 157.

Not in force

158. The watchdog committee sees to it that the institution board of directors carries out in an effective manner the functions conferred on it by subparagraph 2 of the first paragraph of section 151 and any other function it exercises, where applicable, in relation to service quality.

To that end, the watchdog committee must, in particular,

(1)  analyze the reports and the recommendations sent to the institution board of directors concerning accessibility to services, the pertinence, quality, safety or effectiveness of the services provided, respect for users’ rights or the handling of user complaints;

(2)  establish systemic links between those reports and those recommendations and draw from them the conclusions necessary to make recommendations under subparagraph 3;

(3)  make recommendations to the institution board of directors on the action to be taken following those reports or those recommendations in order to improve access to services and the quality of user services;

(4)  ensure the follow-up, with the institution board of directors, of the board’s implementation of the recommendations made under subparagraph 3;

(5)  promote joint action and cooperation among the actors concerned by subparagraph 1; and

(6)  exercise any other function that the institution board of directors considers useful in fulfilling the mandate entrusted to the committee under the first paragraph.

2023, c. 34, s. 158.

Not in force

159. The watchdog committee reports to the national watchdog committee, at the intervals determined by the latter, on the action taken following its recommendations and on its activities.

2023, c. 34, s. 159.

Not in force

II.  — Advisory committee

2023, c. 34, Sd. II.

Not in force

160. The institution board of directors of a territorial institution must, at the request of one or more groups formed of employees or professionals working within a facility of the institution, or of persons belonging to a community it serves, establish one advisory committee per group of facilities.

2023, c. 34, s. 160.

Not in force

161. The advisory committee is charged with making recommendations to the institution board of directors on the means to be implemented to preserve the cultural, historic, linguistic or local character of the institution with regard to the facilities designated in the request made under section 160 and, if applicable, with establishing the necessary ties with the institutions’ foundations as well as the persons in charge of research activities.

The committee must establish its operating rules.

2023, c. 34, s. 161.

Not in force

162. The advisory committee is composed of seven members who are qualified to carry out its mandate and are appointed by the institution board of directors. For that purpose, the institution board of directors must invite interested groups to provide it with lists of names from which it selects the committee members.

2023, c. 34, s. 162.

Not in force

III.  — Other committees

2023, c. 34, Sd. III.

Not in force

163. In addition to the watchdog committee and the advisory committee, the institution board of directors may establish any other committee to advise it in the exercise of its functions. It determines the composition, functions, duties and powers of the committee, and the rules governing the administration of its affairs and its internal management.

2023, c. 34, s. 163.

Not in force

DIVISION II PRESIDENT AND EXECUTIVE DIRECTOR AND ASSISTANT PRESIDENT AND EXECUTIVE DIRECTOR

2023, c. 34, Div. II.

Not in force

§ 1 . — President and executive director

2023, c. 34, Sd. 1.

Not in force

164. Santé Québec’s board of directors appoints the president and executive director of a Santé Québec institution.

The board of directors must consult the institution board of directors before appointing the president and executive director, unless the standards and scales prescribed under section 59 provide for the participation of members of the institution board of directors for the selection of the president and executive director.

2023, c. 34, s. 164.

Not in force

165. Under the immediate authority of the president and chief executive officer, the president and executive director appointed under section 164 is the most senior officer of the institution. The president and executive director is responsible for the administration and operation of the institution within the scope of Santé Québec’s by-laws. In particular, the president and executive director sees to it that the obligations incumbent on the institution are carried out in full, properly and without delay.

The president and executive director exercises the functions of office on a full-time basis, sees to it that the decisions of Santé Québec’s board of directors are carried out, and ensures that all the information the board requires, or needs in order to assume its responsibilities, is transmitted to it.

The president and executive director must also ensure that the clinical activity within the institution is coordinated and supervised.

The provisions of the Act respecting the governance of state-owned enterprises (chapter G-1.02) that concern the president and chief executive officer of a state-owned enterprise do not apply to the president and executive director of the institution.

2023, c. 34, s. 165.

Not in force

166. The president and executive director determines the administrative, professional and scientific organization of the Santé Québec institution to the extent necessary for complementing the provisions of this Act and Santé Québec’s by-laws; to that end, the president and executive director may provide for administrative structures, departments, services and clinical programs.

The provisions taken by the president and executive director concerning the administrative, professional and scientific organization of the Santé Québec institution in accordance with the first paragraph are submitted to the president and chief executive officer, who may approve them, with or without amendment.

Subject to Santé Québec’s by-laws, the president and executive director appoints the members of Santé Québec’s personnel under the president and executive director’s authority.

2023, c. 34, s. 166.

Not in force

167. In determining the institution’s administrative, professional and scientific organization, the president and executive director must favour proximity management.

To that end, the president and executive director must ensure that, for each facility maintained by the institution, at least one person is put in charge of ensuring the proper conduct of the institution’s activities and of detecting abnormal situations in a timely manner. That person must have the authority necessary to diligently remedy such a situation or have free access to the person having such authority.

2023, c. 34, s. 167.

Not in force

168. The powers relating to the philanthropic activities benefitting an institution are exercised by the institution’s president and executive director.

Consequently, the president and executive director is responsible for, among other things, determining the institution’s needs to which a foundation of the institution could respond, and may enter into any agreement concerning the receipt of gifts and make any other juridical act necessary for exercising the powers referred to in the first paragraph.

The president and executive director may delegate those powers to another personnel member assigned to performing tasks within the institution.

2023, c. 34, s. 168.

Not in force

169. The president and executive director makes the institution’s by-laws. The by-laws come into force after being approved, with or without amendment, by the president and chief executive officer of Santé Québec.

2023, c. 34, s. 169.

Not in force

170. Santé Québec sees to ensuring the succession of the president and executive directors.

2023, c. 34, s. 170.

Not in force

§ 2 . — Assistant president and executive director

2023, c. 34, Sd. 2.

Not in force

171. The president and executive director may be assisted by the number of assistant president and executive directors determined by Santé Québec’s board of directors. They are appointed by the board of directors.

The board of directors must consult the institution board of directors before appointing an assistant president and executive director, unless the standards and scales prescribed under section 59 provide for the participation of members of the institution board of directors for the selection of an assistant president and executive director.

An assistant president and executive director exercises the functions and powers of the president and executive director if the latter is absent or unable to act. If the position of president and executive director is vacant, an assistant president and executive director acts in the interim until a new president and executive director is appointed.

Where more than one assistant president and executive director has been appointed, Santé Québec’s board of directors designates which one of them is to assume the functions referred to in the third paragraph.

The person who holds the position of assistant president and executive director must exercise the functions of office on a full-time basis within the institution.

2023, c. 34, s. 171.

Not in force

§ 3 . — Common provisions

2023, c. 34, Sd. 3.

Not in force

172. The president and executive director and any person exercising management responsibilities under the immediate authority of the president and executive director must devote themselves exclusively to the work of the institution and the duties of their functions.

However, with the consent of the president and chief executive officer, they may engage in other professional activities, whether remunerated or not. They may also carry out any mandate the president and chief executive officer entrusts to them.

In the case of a contravention of this section, sanctions which may include dismissal may be imposed on the offender.

2023, c. 34, s. 172.

Not in force

173. Santé Québec must ensure that a continuing training program is offered to the president and executive directors and, if applicable, to the assistant president and executive directors.

2023, c. 34, s. 173.

Not in force

DIVISION III RISK MANAGEMENT COMMITTEE, USERS’ COMMITTEE AND RESIDENTS’ COMMITTEE

2023, c. 34, Div. III.

Not in force

§ 1 . — Risk management committee

2023, c. 34, Sd. 1.

Not in force

174. A risk management committee is established for each Santé Québec institution. The institution’s president and executive director appoints its members.

Santé Québec’s by-laws prescribe the number of members on the committee and set out its operating rules.

2023, c. 34, s. 174.

Not in force

175. The composition of the risk management committee must ensure a balanced representation of the following classes of persons:

(1)  Santé Québec personnel assigned to performing tasks within the institution;

(2)  users;

(3)  persons who practise their profession within the institution; and

(4)  if applicable, persons who, under a service contract, provide services to users in the institution on its behalf.

The president and executive director or the person designated by the latter is a committee member by virtue of office.

2023, c. 34, s. 175.

Not in force

176. The functions of the risk management committee include seeking, developing and promoting ways to

(1)  identify and analyze the risks of incidents or accidents in order to ensure the safety of users and, in particular in the case of infections associated with the provision of services, prevent their occurrence and control their recurrence;

(2)  make sure that support is provided to the user who suffers the consequences of the accident and their close relations; and

(3)  ensure that a monitoring system is put in place, including the establishment of a local register of incidents and accidents for the purpose of analyzing their causes, and recommend to the president and executive director measures to prevent them from recurring and any appropriate control measures.

The risk management committee forwards a reproduction of its recommendations to the watchdog committee referred to in section 155.

2023, c. 34, s. 176.

Not in force

177. The answers given by a person in the course of risk management activities, including any information or document provided in good faith by the person in response to a request of a risk manager or a risk management committee, may not be used or be admitted as evidence against the person or against any other person in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions.

Despite any inconsistent provision, a risk manager or a member of a risk management committee may not be compelled to testify in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions concerning any confidential information obtained in the exercise of their functions, or to produce a document containing such information, except to confirm its confidential nature.

Nothing contained in a risk management record, including the conclusions with reasons and, if applicable, any recommendations accompanying them, may be construed as a declaration, recognition or extrajudicial admission of professional, administrative or other misconduct that could give rise to the civil liability of a party in a judicial proceeding.

2023, c. 34, s. 177.

Not in force

178. Despite the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the records and minutes of a risk management committee are confidential.

No one may examine the minutes of a risk management committee, except the members of the committee, the persons responsible for assessing compliance with the national program on the quality of services referred to in section 74 or the representatives of a professional order in the exercise of their functions provided for by law.

2023, c. 34, s. 178.

Not in force

§ 2 . — Users’ committee and residents’ committee

2023, c. 34, Sd. 2.

Not in force

179. A users’ committee is established for each Santé Québec institution.

2023, c. 34, s. 179.

Not in force

180. Where a Santé Québec institution offers services to users lodged in its facilities, a residents’ committee is established in each facility where such users are lodged.

However, in the case of a facility that provides lodging to fewer than 10 users or in which the majority of the users are expected to be lodged for a period of less than six months, or where establishing a residents’ committee is difficult to achieve in the circumstances, the president and executive director may, after consulting the facility’s users’ committee, as applicable,

(1)  entrust the exercise of the functions of the residents’ committee to the users’ committee, without a residents’ committee being established in that facility; or

(2)  form a residents’ committee common to a number of facilities grouped by the president and executive director.

Each year, the president and executive director must assess the effectiveness of the measure chosen under the second paragraph and, if need be, modify it in accordance with this section.

2023, c. 34, s. 180.

Not in force

181. Subject to section 182, each users’ committee and each residents’ committee determines its composition.

The composition of any new committee is determined by the national users’ committee in compliance with section 182, until the new committee changes that composition under the first paragraph.

A users’ committee may provide for the formation of other committees within itself, or for the amalgamation or dissolution of existing committees.

The national users’ committee prescribes the rules according to which a users’ committee is required to create a committee within itself and the rules according to which such committees may be amalgamated or dissolved.

2023, c. 34, s. 181.

Not in force

182. An institution’s users’ committee is composed of at least seven members elected by all the institution’s users and of at least one representative designated by and from among each of the residents’ committees.

Every residents’ committee is composed of at least three members elected by the residents.

2023, c. 34, s. 182.

Not in force

183. A majority of the members of a users’ committee must be users, and a majority of the members of a residents’ committee must be residents.

If such a majority is impossible to achieve, the users or the residents may elect any other person of their choice, provided that person does not work for Santé Québec or practise their profession within the institution.

Despite the second paragraph, a person acting as an informal caregiver of a user may be elected to sit on a users’ committee even if the person works for Santé Québec or practices their profession within the institution.

Similarly, a person acting as an informal caregiver of a resident may be elected to sit on a residents’ committee even if the person works for Santé Québec or practices their profession within the institution, provided the committee is not the residents’ committee established for the facility in which the person works or practices their profession, as applicable.

2023, c. 34, s. 183.

Not in force

184. The term of office of the members of the users’ committee and of the members of any residents’ committee must not exceed four years. The national users’ committee may prescribe rules relating to renewal of the term.

At the expiry of their terms, members remain in office until they are replaced or re-elected.

2023, c. 34, s. 184.

Not in force

185. The functions of a users’ committee or a residents’ committee are

(1)  in respect of users or, as applicable, residents:

(a)  to inform them of their rights and obligations;

(b)  to foster the improvement of the quality of the living conditions of users and residents and to participate in the assessment of their degree of satisfaction with regard to the services obtained from the institution; and

(c)  to defend their common rights and interests;

(2)  at the request of a person, to defend the person’s rights and interests as a user or a resident before any competent authority; and

(3)  to accompany and assist, on request, a user or a resident, as applicable, in any action the user or resident undertakes, including when they wish to file a complaint in accordance with the provisions of Part VII of this Act or under the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).

In addition, a users’ committee’s functions include

(1)  ensuring the proper functioning of each of the residents’ committees, if applicable, and seeing that they have the resources necessary to exercise their functions; and

(2)  assessing, if applicable, the effectiveness of any measure implemented under the second paragraph of section 180.

Furthermore, the committees establish their operating rules.

2023, c. 34, s. 185.

Not in force

186. Each year, the users’ committee of an institution submits a report of its activities to the institution board of directors and to the national users’ committee. Any committee formed within a users’ committee and any residents’ committee submit such a report to the users’ committee to which it is attached.

The report of an institution’s users’ committee must outline the reports obtained, where applicable, from the committees formed within the users’ committee and from the residents’ committees.

2023, c. 34, s. 186.

Not in force

187. The president and executive director must foster the proper functioning of the users’ committee and of any residents’ committee and see to it that every user is informed in writing of the existence of those committees.

The president and executive director must grant those committees the sums provided for that purpose in the institution’s operating budget and any other sum received by the institution that is intended for the committees, and must put them at their disposal without delay. The president and executive director must also allow those committees to use a room for their activities and make it possible for the members to keep their committee’s records in such a manner as to ensure their confidentiality.

2023, c. 34, s. 187.

Not in force

188. The Minister may determine orientations and budgetary parameters that promote the adoption of best practices by users’ committees and residents’ committees, the optimal use of the financing intended for them and their proper functioning.

Santé Québec reports to the Minister on the implementation of those orientations and parameters, according to the form and content and at the intervals determined by the Minister.

2023, c. 34, s. 188.

Not in force

DIVISION IV CLINICAL GOVERNANCE

2023, c. 34, Div. IV.

Not in force

§ 1 . — Interdisciplinary council for the evaluation of trajectories and clinical organization

2023, c. 34, Sd. 1.

Not in force

I.  — Functions and composition

2023, c. 34, Sd. I.

Not in force

189. Santé Québec institutions each have an interdisciplinary council for the evaluation of trajectories and clinical organization.

The council exercises the following functions:

(1)  monitoring and assessing the quality, including the pertinence, of clinical services trajectories within the institution and ensuring their follow-up;

(2)  making any recommendation concerning the trajectories to the president and executive director;

(3)  giving its opinion and making recommendations to the institution’s president and executive director regarding

(a)  the professional aspects of the institution’s technical, scientific and clinical organization;

(b)  the distribution of clinical services; and

(c)  innovative approaches in services and their impacts on the health and well-being of the population; and

(4)  carrying out any other function entrusted to it by the president and executive director.

In exercising its functions, the council must take into account the clinical services offered outside the institution that are related to the clinical services trajectories within the institution. It must also take into account the impact, on the clinical services offered outside the institution, of the opinions it gives and the recommendations it makes.

In exercising its functions, the council takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.

2023, c. 34, s. 189.

Not in force

190. The interdisciplinary council is composed of an equal number of members from each of the following councils, including the chair of each council’s executive committee:

(1)  the council of physicians, dentists, pharmacists and midwives referred to in section 203;

(2)  the council of nurses referred to in section 300;

(3)  the council of multidisciplinary health services referred to in section 311; and

(4)  the council of multidisciplinary social services referred to in section 320.

The institution’s by-laws determine the number of members from the councils referred to in subparagraphs 1 to 4 of the first paragraph, and set out the terms governing the election of those persons from among those belonging to the same council.

The interdisciplinary council may, to the extent allowed by Santé Québec’s board of directors, depart from the first paragraph to provide for an unequal number of members from each of the councils.

2023, c. 34, s. 190.

Not in force

191. In assessing the clinical trajectories, the interdisciplinary council must consult at least one user whose experience of health services and social services is, in the council’s opinion, relevant to the trajectory concerned.

2023, c. 34, s. 191.

Not in force

II.  — Internal management, records, minutes and annual report

2023, c. 34, Sd. II.

Not in force

192. The functions of the interdisciplinary council are exercised by an executive committee composed of the chairs of the executive committees of the councils referred to in the first paragraph of section 190, at least one other member designated by the interdisciplinary council, the institution’s president and executive director and the medical and professional services director appointed under section 195.

The executive committee has the powers of the council necessary for the exercise of its functions. It supervises and coordinates the work of the other committees of the council, if applicable.

2023, c. 34, s. 192.

Not in force

193. The interdisciplinary council may adopt by-laws concerning its internal management, the establishment and operation of committees in addition to the executive committee and the pursuit of its purposes. The by-laws come into force after being approved by the president and executive director.

2023, c. 34, s. 193.

Not in force

194. The interdisciplinary council must report annually to the president and executive director and to the institution board of directors on the exercise of its functions and the opinions resulting from it.

2023, c. 34, s. 194.

Not in force

§ 2 . — Rules specific to physicians, dentists, pharmacists and midwives

2023, c. 34, Sd. 2.

Not in force

I.  — Medical and professional services director

2023, c. 34, Sd. I.

Not in force

195. The president and executive director of a Santé Québec institution appoints a medical and professional services director.

Such a director must be a physician.

Before appointing a medical and professional services director, the president and executive director consults the council of physicians, dentists, pharmacists and midwives and, in the case of an institution designated as a university hospital centre, an affiliated university centre or a university institute, every university with which the institution is affiliated.

2023, c. 34, s. 195.

Not in force

196. Under the immediate authority of the president and executive director, the medical and professional services director exercises the following functions:

(1)  coordinating the professional and scientific activity of the institution with the other directors;

(2)  taking all necessary measures to ensure that any examination, autopsy or expertise required under the Coroners Act (chapter C-68.01) is carried out;

(3)  fulfilling the obligations imposed by the Civil Code and the Public Curator Act (chapter C-81) regarding tutorships to a person of full age and protection mandates;

(4)  seeing to the development, by clinical department heads, of the modalities of a duty roster system ensuring, on a permanent basis, the availability of physicians, dentists and, where applicable, clinical biochemists, pharmacists and midwives, according to the needs of the institution;

(5)  developing rules governing the use of the resources allocated to clinical departments; and

(6)  carrying out any other function provided by law or entrusted to the medical and professional services director by the president and executive director.

2023, c. 34, s. 196.

Not in force

197. The rules for the use of resources developed by the medical and professional services director must provide for the imposition of administrative penalties, by that director, for any failure to comply on the part of a professional who is a member of a department. Such penalties may have the effect of limiting or suspending the professional’s right to use the institution’s resources.

The president and executive director may, after consulting the council of physicians, dentists, pharmacists and midwives, approve the rules for the use of resources.

Those rules come into force after being approved by the president and executive director.

2023, c. 34, s. 197.

Not in force

198. The rules for the use of resources may not allow for the reservation of beds for the users treated by a physician, a dentist or a midwife.

In cases of necessity, the medical and professional services director or, if absent, the physician designated for that purpose by the president and executive director may designate a clinical department or service in which a bed must be made available to a user.

2023, c. 34, s. 198.

Not in force

199. Where an administrative penalty is imposed under the rules for the use of resources, the medical and professional services director must inform the author of the failure to comply of the grounds on which the decision is based. The author of the failure may, if in disagreement with the decision, contest it before the Administrative Tribunal of Québec within 60 days of the date on which the decision was notified to them.

The medical and professional services director must inform the president and executive director of the nature of the penalty imposed.

No such penalty may be considered as a breach of the privileges granted to the physician or dentist, as applicable.

2023, c. 34, s. 199.

Not in force

200. In a case of imminent or recent death of a potential organ or tissue donor, the medical and professional services director of an institution, or the person designated by that director, must diligently notify one of the organizations that coordinate organ or tissue donations and that are designated by the Minister in accordance with section 10.3.4 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2).

The medical and professional services director verifies the following elements with the organization and may, for that purpose, send the organization any necessary information concerning the potential donor:

(1)  the person’s eligibility for organ or tissue donation; and

(2)  whether the potential donor’s consent for the post-mortem removal of organs or tissues is recorded in the consent registry established by the Ordre des notaires du Québec and in the national information filing system established under section 76.

Where consent has been given for organ or tissue donation, the medical and professional services director also sends such an organization any information concerning the potential donor and that is necessary for coordinating such a donation.

The medical and professional services director, or the person that director designates, is informed of the imminent or recent death of a potential organ or tissue donor in accordance with the procedure established by the institution.

2023, c. 34, s. 200.

Not in force

201. The president and executive director may appoint any person to assist the medical and professional services director.

The person assisting the medical and professional services director exercises, under that director’s authority, all the functions and all the powers of that director, unless the deed of appointment restricts or withdraws them.

If that person is not a physician, they may not

(1)  act as a member of a committee of the council of physicians, dentists, pharmacists and midwives;

(2)  designate a clinical department or a service under the second paragraph of section 198;

(3)  determine a condition under subparagraph 4 of the first paragraph of section 238;

(4)  give the opinion and make the recommendations provided for in the first paragraph of section 241;

(5)  grant an authorization under section 252; or

(6)  make a determination regarding the effects of a departure under the third paragraph of section 259.

2023, c. 34, s. 201.

Not in force

202. Despite any restrictions or withdrawals provided for by the person’s deed of appointment, the person assisting the medical and professional services director, if a physician, exercises all the functions and all the powers of that director if that director is absent or unable to act. Likewise, if the position of medical and professional services director is vacant, that person acts as interim medical and professional services director until a new medical and professional services director is appointed.

If more than one person assisting the medical and professional services director is a physician, the person referred to in the first paragraph is the physician designated by the president and executive director.

2023, c. 34, s. 202.

Not in force

II.  — Council of physicians, dentists, pharmacists and midwives

2023, c. 34, Sd. II.

Not in force

203. Santé Québec institutions each have a council of physicians, dentists, pharmacists and midwives.

The council is composed of all the physicians, dentists, pharmacists and midwives who practise their profession within the institution.

2023, c. 34, s. 203.

Not in force

204. In accordance with the institution’s by-laws, the council of physicians, dentists, pharmacists and midwives is responsible to the interdisciplinary council for the evaluation of trajectories and clinical organization for giving its opinion on the following matters, considering them from the viewpoint of the physicians, dentists, pharmacists and midwives:

(1)  the trajectories of clinical services within the institution, in particular as concerns their pertinence and their efficiency;

(2)  the institution’s technical, scientific and clinical organization;

(3)  the distribution of clinical services; and

(4)  any other matter brought to its attention by the interdisciplinary council.

2023, c. 34, s. 204.

Not in force

205. In accordance with the by-laws of the institution, the council of physicians, dentists, pharmacists and midwives is responsible, with respect to the medical and professional services director, for

(1)  monitoring and assessing the quality, including the pertinence, of the medical, dental, pharmaceutical and midwifery acts performed within the institution;

(2)  examining, prior to taking disciplinary measures, a complaint made against a physician, dentist, pharmacist or midwife to determine whether that professional has acted without having the qualifications required or has shown scientific incompetence or negligence;

(3)  giving its opinion on the means to be taken to assess and maintain the competency of physicians, dentists, pharmacists and midwives who practise their profession within the institution and contributing otherwise to the assessment and maintenance of their competency; and

(4)  assuming any other responsibility entrusted to it by the medical and professional services director.

In exercising its responsibilities, the council of physicians, dentists, pharmacists and midwives takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.

2023, c. 34, s. 205.

Not in force

206. In exercising the responsibilities described in subparagraphs 1, 2 and 3 of the first paragraph of section 205, the council of physicians, dentists, pharmacists and midwives may, with the authorization of the medical and professional services director, call on an expert from outside the institution. That expert, like the council, has access to a user’s record where the information contained in it is necessary for the exercise of the expert’s functions.

Before beginning to exercise those functions, the expert must take the oath provided for in Schedule I.

No judicial proceedings may be brought against the expert for an act or omission made in good faith in the exercise of the expert’s functions.

2023, c. 34, s. 206.

Not in force

207. The council of physicians, dentists, pharmacists and midwives must create a pharmacology committee, act evaluation committees and discipline committees.

The pharmacology committee approves the rules applicable to the use of medications that are submitted to the council in accordance with section 222. Act evaluation committees or discipline committees exercise the responsibilities entrusted to the council by subparagraphs 1 and 2 of the first paragraph of section 205, respectively.

An act evaluation committee or a discipline committee is composed of at least three council members, including at least one who is a member of the same professional order as the professional whose record is being examined by the committee.

2023, c. 34, s. 207.

Not in force

208. Despite the third paragraph of section 207, where the professional whose record is being examined by an act evaluation committee or a discipline committee is a midwife, the committee must be composed of at least two professionals who are members of the same professional order as the midwife whose record is being examined.

The committee may be composed of midwives from a council of physicians, dentists, pharmacists and midwives of another institution where it is not possible to find such a professional on the council of which the midwife whose record is being examined is a member.

2023, c. 34, s. 208.

Not in force

209. The responsibilities of the council of physicians, dentists, pharmacists and midwives are exercised by an executive committee comprising at least four physicians and at least one pharmacist designated by the council, and at least one dentist and at least one midwife designated by the council where such professionals are members of the council. The medical and professional services director is a member of the council by virtue of office.

The institution’s president and executive director or the person designated by the latter may participate in the work of the executive committee.

The executive committee has the powers of the council of physicians, dentists, pharmacists and midwives necessary for the exercise of its responsibilities. It supervises and coordinates the work of the other committees of the council.

The medical and professional services director supervises the operation of the committees of the council and ensures that the council adequately monitors and assesses the medical, dental, pharmaceutical and midwifery acts performed in the institution.

2023, c. 34, s. 209.

Not in force

210. The council of physicians, dentists, pharmacists and midwives may adopt by-laws concerning its internal management, the establishment and operation of committees in addition to the executive committee and the committees provided for in section 207 and the pursuit of its purposes. The by-laws must prescribe the rules for designating the chair of the council and the chair of its executive committee. The by-laws come into force after being approved by the institution’s medical and professional services director.

2023, c. 34, s. 210.

Not in force

211. Despite the Act respecting Access to documents held by public bodies and the Protection of personal information (chapyer A-2.1) and section 679 of this Act, the records and minutes of the council of physicians, dentists, pharmacists and midwives and those of each of its committees are confidential.

However, a medical examiner and the members of a review committee referred to in section 716 may examine the professional record of a council member if the information it contains is necessary for the exercise of their responsibilities. The same applies to any person having the authority to take a disciplinary measure or an administrative penalty against a physician, dentist, pharmacist or midwife.

No one may examine the minutes of a committee of the council, except the committee members, the members of the council’s executive committee, the Administrative Tribunal of Québec or the representatives of a professional order in the exercise of functions assigned to them by law.

No one may examine the minutes of the council, except the council members, the members of the council’s executive committee, the Administrative Tribunal of Québec or the representatives of a professional order in the exercise of functions assigned to them by law.

2023, c. 34, s. 211.

Not in force

212. The council of physicians, dentists, pharmacists and midwives must report annually to the medical and professional services director and the institution board of directors on the carrying out of its responsibilities and the opinions resulting from it.

2023, c. 34, s. 212.

Not in force

213. Santé Québec’s president and chief executive officer may, in exceptional circumstances and when the quality of services depends on it, entrust the responsibilities of an institution’s council of physicians, dentists, pharmacists and midwives to one or more persons the president and chief executive officer designates and who are members of one of the following professional orders: the Collège des médecins du Québec, the Ordre des dentistes du Québec, the Ordre des pharmaciens du Québec or the Ordre des sages-femmes du Québec.

Such a decision may be made only after obtaining the opinion of the professional orders mentioned in the first paragraph.

2023, c. 34, s. 213.

Not in force

III.  — Clinical departments and services

2023, c. 34, Sd. III.

Not in force

1.  — Formation

2023, c. 34, Sd. 1.

Not in force

214. The clinical department provided for in each of the following subparagraphs is formed within a Santé Québec institution; that department includes, where applicable, the services or activities referred to in that subparagraph:

(1)  anaesthesia;

(2)  surgery;

(3)  gynecology-obstetrics;

(4)  medical imaging:

(a)  radiology services; and

(b)  nuclear medicine services;

(5)  general medicine;

(6)  specialized medicine:

(a)  radio-oncology services;

(b)  medical oncology services;

(c)  clinical activities in hematology; and

(d)  clinical activities in microbiology and infectious diseases;

(7)  emergency medicine;

(8)  pediatrics;

(9)  pharmacy; and

(10)  psychiatry.

In addition, any department that Santé Québec’s board of directors determines from among the following is to be formed within any Santé Québec institution the board designates:

(1)  dentistry;

(2)  public health;

(3)  laboratory medicine, which comprises laboratory services in the following fields:

(a)  hematology;

(b)  biochemistry;

(c)  pathology;

(d)  microbiology;

(e)  genetics; and

(f)  transfusion medicine; and

(4)  midwifery.

An institution may, to the extent allowed by Santé Québec’s board of directors, depart from this section.

2023, c. 34, s. 214.

Not in force

215. The president and executive director determines, after consulting the council of physicians, dentists, pharmacists and midwives, which department or service is responsible for the medical or dental acts performed in the course of the institution’s activities.

Physicians or dentists having privileges allowing them to perform acts that are under the responsibility of a department or service are members of that department or service.

The professionals referred to in one of the following subparagraphs who practise their profession within the institution are members of the department mentioned in the subparagraph:

(1)  midwives, midwifery clinical department; and

(2)  pharmacists, pharmacy clinical department.

Clinical biochemists are members of the clinical department of laboratory medicine.

2023, c. 34, s. 215.

Not in force

2.  — Clinical department heads and heads of a service

2023, c. 34, Sd. 2.

Not in force

216. Each clinical department is directed by a clinical department head.

2023, c. 34, s. 216.

Not in force

217. The president and executive director, after consulting the council of physicians, dentists, pharmacists and midwives, the medical and professional services director and the professionals who are members of a clinical department, appoints the head of that department from among those professionals.

No clinical biochemist may be the head of a clinical department.

2023, c. 34, s. 217.

Not in force

218. The medical and professional services director directs, coordinates and supervises the activities of the clinical department heads.

The director must, in particular, obtain the opinion of the clinical department heads on the administrative and financial consequences of the activities of the professionals who are members of the clinical departments.

2023, c. 34, s. 218.

Not in force

219. In addition to the other functions conferred on them by this Act, clinical department heads exercise the following functions, under the immediate authority of the medical and professional services director:

(1)  with regard to the professionals who are members of the department:

(a)  coordinating the activities they carry on within the department, and assessing and maintaining their competence; and

(b)  ensuring the appropriate distribution of the services they provide;

(2)  developing the modalities of a duty roster system ensuring, on a permanent basis, the availability of the professionals who are members of the department; and

(3)  drawing up operating rules for the department.

If the position of department head is vacant, the medical and professional services director exercises the functions provided for in the first paragraph.

2023, c. 34, s. 219.

Not in force

220. Where the clinical department head refuses to draw up operating rules for the department or is slow to act, the medical and professional services director must draw up such rules.

The operating rules for a department come into force after being approved or, as applicable, drawn up by the medical and professional services director.

2023, c. 34, s. 220.

Not in force

221. Subject to the institution’s by-laws, clinical department heads are responsible to the council of physicians, dentists, pharmacists and midwives for

(1)  supervising the exercise of professional activities within the department by the professionals who are members of it;

(2)  cooperating, if applicable, with the director of nursing care for the supervision and monitoring of the quality of the activities referred to in section 36.1 of the Nurses Act (chapter I-8); and

(3)  drawing up, for their department, rules applicable to medical and dental care and to the use of medications, and rules applicable to midwives.

If the position of department head is vacant, the medical and professional services director exercises the functions provided for in the first paragraph.

The rules referred to in subparagraph 3 of the first paragraph must take into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.

2023, c. 34, s. 221.

Not in force

222. The rules applicable to medical and dental care and the use of medications, and the rules of care applicable to midwives must provide that the professional practice of physicians, dentists, pharmacists and midwives of clinical departments is to adhere to a single set of rules.

Where the clinical department head refuses to draw up such rules or is slow to act, the medical and professional services director or, in the latter’s absence, the council of physicians, dentists, pharmacists and midwives must draw them up.

The rules come into force after being approved or, as applicable, drawn up by the council of physicians, dentists, pharmacists and midwives.

2023, c. 34, s. 222.

Not in force

223. The approval provided for in the third paragraph of section 222 with regard to the rules of care applicable to midwives is given by a subcommittee of the council of physicians, dentists, pharmacists and midwives composed in the majority of midwives.

2023, c. 34, s. 223.

Not in force

224. Despite the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and section 679 of this Act, the records concerning the responsibilities described in subparagraphs 1 and 2 of the first paragraph of section 221 are confidential. No one may have access to them, except the council of physicians, dentists, pharmacists and midwives, the Administrative Tribunal of Québec or the representatives of a professional order in the exercise of the functions assigned to them by law.

2023, c. 34, s. 224.

Not in force

225. Each service is directed by a head of the service.

A clinical biochemist may be the head of the biochemistry laboratory service.

2023, c. 34, s. 225.

Not in force

226. Under the immediate authority of the clinical department head, heads of a service exercise the same functions and powers with regard to a service that a clinical department head exercises with regard to a department. Heads of a service may not, however, draw up rules contrary to those drawn up by the clinical department head.

The provisions applicable to clinical department heads provided for in sections 217 to 224 are, in all other respects, applicable to heads of a service, with the necessary modifications.

2023, c. 34, s. 226.

Not in force

3.  — Centralized management of access to the specialized and superspecialized services of clinical departments

2023, c. 34, Sd. 3.

Not in force

227. The president and executive director of an institution must see to the centralized management of access to the specialized and superspecialized services of the clinical departments of that institution.

To that end, the president and executive director must establish rules to be followed to enter a user on the access list for the specialized and superspecialized services of a clinical department, the manner in which the foreseeable date for receiving such services will be determined and communicated to the user and, where those services cannot be provided on that date, the alternative arrangements to be offered to the user, such as setting a new date to be agreed to by the user, calling on the services of another physician in the clinical department concerned or having recourse to another institution.

Before establishing those rules, the president and executive director must consult the council of physicians, dentists, pharmacists and midwives and the head of each clinical department offering specialized or superspecialized services.

2023, c. 34, s. 227.

Not in force

228. In accordance with the rules established under the second paragraph of section 227, a physician, dentist or midwife must enter a user on the access list for the specialized and superspecialized services of the institution’s clinical departments as soon as the physician, dentist or midwife determines that the services are required.

2023, c. 34, s. 228.

Not in force

229. The head of a clinical department in which specialized or superspecialized services are offered must, in addition to the functions conferred under section 219, ensure that the rules established under the second paragraph of section 227 are complied with and properly implemented.

2023, c. 34, s. 229.

Not in force

230. The president and executive director must designate a person in charge of compliance with the rules the president and executive director establishes under the second paragraph of section 227.

Under the immediate authority of the medical and professional services director, the person in charge of compliance with the rules exercises the following functions:

(1)  seeing to it that each clinical department head referred to in section 216 ensures, in their department, that those rules are complied with and properly implemented;

(2)  offering to users unable to receive the services they require on the date communicated to them the alternative arrangements specified in those rules; and

(3)  making, if applicable, any adjustments required to direct the user to a special access mechanism put in place under section 233.

2023, c. 34, s. 230.

Not in force

231. The president and executive director reports to the president and chief executive officer, at least once every three months and whenever the latter so requests, on the effectiveness of the rules established under the second paragraph of section 227, in particular as regards waiting times calculated from the time users are entered on the access list to the time they receive the specialized and superspecialized services they require.

The president and executive director does likewise with respect to the institution board of directors.

2023, c. 34, s. 231.

Not in force

232. To ensure uniform management of access lists under the second paragraph of section 227, the Minister may determine the information to be collected and used by the institutions for the day-to-day management of their access lists.

2023, c. 34, s. 232.

Not in force

233. Where, in light of generally recognized access standards and after holding the appropriate consultations, Santé Québec’s president and chief executive officer considers that the waiting time for receiving a specialized or superspecialized service throughout Québec or in a particular region of Québec is unreasonable or about to become so, the president and chief executive officer must see to the implementation of special access mechanisms so that the service concerned may be made otherwise accessible within a time the president and chief executive officer considers reasonable.

The president and chief executive officer may require that an institution involved in the provision of the specialized or superspecialized service concerned adjust its operating methods for access to that service accordingly.

The person responsible for managing access to specialized or superspecialized services must notify the medical and professional services director when of the opinion, after consulting the head of the clinical department concerned, that a user will not be able to receive a specialized or superspecialized service from the institution within a time the president and chief executive officer considers reasonable.

The medical and professional services director makes, without delay, an alternative service proposal to the user that takes into account, in particular, the territorial department of specialized medicine so that the user may receive, if the user wants, the specialized or superspecialized service the user requires within a time the president and chief executive officer considers reasonable. Despite any inconsistent provision, the Minister may assume the cost of any service received, in accordance with the directives of the president and chief executive officer, in a non-participating specialized medical centre within the meaning of the second paragraph of section 575 or outside Québec.

2023, c. 34, s. 233.

Not in force

IV.  — Physicians, dentists and pharmacists

2023, c. 34, Sd. IV.

Not in force

1.  — Medical and dental staffing plan

2023, c. 34, Sd. 1.

Not in force

234. The president and executive director of an institution draws up and submits to Santé Québec’s president and chief executive officer a medical and dental staffing plan, which specifies

(1)  the number of family physicians, specialists in each specialty, dentists and dental specialists who may practise in the institution, indicating the clinical department or service to which each of them belongs;

(2)  the distribution of the number of those professionals for each of the facilities where the institution carries on activities or by group of facilities determined by the president and chief executive officer; and

(3)  the distribution, among the physicians or dentists, as applicable, of the tasks relating to clinical activity, to research and to teaching.

In drawing up the plan, the president and executive director must make sure that the head of each of the clinical departments where specialized or superspecialized services are offered is consulted. The president and executive director must also take into account the objectives provided for in the second paragraph of section 32, the institution’s deed of establishment and the expansion and reduction objectives referred to in section 480.

2023, c. 34, s. 234.

Not in force

235. Santé Québec’s president and chief executive officer may approve, with or without amendment, the medical and dental staffing plan submitted under section 234.

The plan thus approved must be drawn up again, in accordance with section 234, at least once every three years and each time the president and chief executive officer so requests. An approved plan continues to have effect until the president and chief executive officer approves a new plan.

The president and chief executive officer may draw up the medical and dental staffing plan for an institution if the president and executive director fails to do so within the time indicated.

2023, c. 34, s. 235.

Not in force

2.  — Appointment, status, privileges and authorization in case of emergency

2023, c. 34, Sd. 2.

Not in force

236. The power to appoint a physician, a dentist or a pharmacist so they may practise within an institution is exercised by the president and executive director of the institution.

2023, c. 34, s. 236.

Not in force

237. To be appointed, a physician, a dentist or a pharmacist must submit an application to the medical and professional services director of the institution concerned.

Santé Québec’s board of directors determines the form and content of the application for appointment, which are to be the same for all Santé Québec institutions.

2023, c. 34, s. 237.

Not in force

238. An application for appointment is inadmissible in the following cases:

(1)  its form or content does not comply with that established by Santé Québec’s board of directors;

(2)  it does not comply with the administrative, professional and scientific organization of the institution;

(3)  it has the effect of increasing the number of physicians or dentists who have privileges within the institution beyond the number provided for by the medical and dental staffing plan approved or drawn up under section 235; or

(4)  it does not meet any other condition determined beforehand by the medical and professional services director or by the clinical department head concerned.

Subparagraphs 2 and 3 of the first paragraph do not apply to an application if the appointment contemplated is only intended to replace a physician or dentist who already has duly granted status and privileges, but who is absent or temporarily unable to practise.

2023, c. 34, s. 238.

Not in force

239. The medical and professional services director must send the applicant a notice acknowledging receipt of the application for appointment.

The notice contains

(1)  an indication as to whether the application is admissible or not; and

(2)  if the application is admissible,

(a)  a presentation of the administrative, professional and scientific organization of the institution;

(b)  a presentation of the medical and dental staffing plan approved or drawn up under section 235; and

(c)  if the applicant is a physician or dentist, the obligations that could be attached to the enjoyment of the privileges that could be granted to the applicant.

The applicant may submit observations on those contemplated obligations to the medical and professional services director within 15 days after receiving the notice.

2023, c. 34, s. 239.

Not in force

240. Before sending the notice acknowledging receipt of an admissible application for appointment, the medical and professional services director consults the clinical department head concerned on the applicant’s qualifications and competence, on the status that could be granted to the applicant and, if applicable, on the privileges that could be granted to the applicant and the obligations that could be attached to the enjoyment of those privileges.

The obligations attached to the enjoyment of privileges are intended to ensure the physician’s or dentist’s participation in the responsibilities of the institution, in particular with regard to access to services and the quality and pertinence of services.

The medical and professional services director also consults the council of physicians, dentists, pharmacists and midwives and gives it the opportunity to submit observations, within the time set by the director, on the matters referred to in the first paragraph.

2023, c. 34, s. 240.

Not in force

241. The medical and professional services director must, before the president and executive director rules on an admissible application for appointment, send the latter their opinion on the qualifications and competence of the applicant and their recommendation on the status that should be granted to the applicant. In the case of a physician or dentist, the recommendation also addresses the privileges that should be granted to the applicant and the obligations that should be attached to the enjoyment of those privileges.

The medical and professional services director attaches to the opinion the observations submitted by the council of physicians, dentists, pharmacists and midwives under the third paragraph of section 240.

Santé Québec determines, by regulation, the status that may be granted by the president and executive director to a physician, dentist or pharmacist, the conditions on which such a status may be granted or renewed and the prerogatives attached to such status.

2023, c. 34, s. 241.

Not in force

242. The president and executive director must, before ruling on an application for appointment, take into account the distribution, among the physicians, dentists or pharmacists, as applicable, of the tasks relating to clinical activity, to research and to teaching, in view of the requirements specific to the institution.

2023, c. 34, s. 242.

Not in force

243. Where the president and executive director has received an application for appointment from a physician or dentist, the president and executive director may refuse it for reasons based on the administrative, professional and scientific organization of the institution, the medical and dental staffing plan approved or drawn up under section 235, the available resources and the requirements specific to the institution.

The president and executive director may also refuse an application on the basis of any of the following reasons:

(1)  the omission by the applicant, in the preceding three years, to give the prior notice of at least 60 days required under the first paragraph of section 257 before ceasing to practise in the institution; or

(2)  failure by the applicant to fulfill the criteria relating to qualifications, scientific competence or conduct, in view of the requirements specific to the institution.

2023, c. 34, s. 243.

Not in force

244. Before appointing a physician or dentist, the president and executive director must obtain the authorization of Santé Québec’s president and chief executive officer.

The president and chief executive officer grants the authorization if the appointment contemplated does not have the effect of increasing the number of physicians or dentists who have privileges within the institution beyond the number provided for in the medical and dental staffing plan approved or drawn up under section 235.

The first and second paragraphs do not apply if the appointment contemplated is referred to in the second paragraph of section 238.

2023, c. 34, s. 244.

Not in force

245. The deed by which the president and executive director appoints a physician or dentist must contain provisions concerning

(1)  the status and privileges that will be granted to the physician or dentist at the moment specified in the second paragraph of section 248;

(2)  the period for which the status and privileges will be granted;

(3)  the nature and scope of the medical or dental activities that the physician or dentist will be allowed to engage in within the institution;

(4)  the obligations attached to the enjoyment of the privileges; and

(5)  the distribution, if applicable, of the physician’s or dentist’s tasks relating to clinical activity, to research and to teaching.

The privileges granted under subparagraph 1 of the first paragraph are granted for all of the institution’s facilities; however, the physician or dentist having the privileges must exercise their profession mainly in the facilities listed in the deed of appointment.

The status and privileges are granted for a period of 12 to 48 months. However, where the appointment is intended solely to provide for the temporary replacement of a physician or dentist who already has duly granted status and privileges, the appointment is valid only for the duration of the absence or inability to practise of the physician or dentist being replaced.

2023, c. 34, s. 245.

Not in force

246. Any physician, dentist or pharmacist having status and, where applicable, privileges within an institution and any midwife having entered into a service contract allowing the midwife to practise within an institution that, in accordance with the terms prescribed under section 50, provides medical, dental, pharmaceutical or midwifery services to another Santé Québec institution practises in that other institution without it being necessary to obtain a status and, where applicable, privileges from that institution’s president and executive director or to enter into a service contract with that institution.

A professional referred to in the first paragraph is then deemed to be practising within the institution that provides medical, dental and pharmaceutical services or midwifery services when the professional is practising within the other institution.

2023, c. 34, s. 246.

Not in force

247. Within 90 days of receiving the application for appointment, the president and executive director must send a decision in writing to the physician or dentist. In addition, any refusal must include reasons given in writing.

2023, c. 34, s. 247.

Not in force

248. No physician or dentist may practise within the Santé Québec institution and enjoy the privileges granted to them on the terms set out in their deed of appointment unless they provide the president and executive director with a written document in which they acknowledge having read the deed.

The status and privileges are granted from the moment the president and executive director receives that written document. The physician or dentist is, from that moment on, bound to comply with the obligations attached to the enjoyment of those privileges.

2023, c. 34, s. 248.

Not in force

249. The deed of appointment of a physician or dentist is absolutely null if it

(1)  has the effect of increasing the number of physicians or dentists who have privileges within the institution beyond the number provided for by the medical and dental staffing plan approved or drawn up under section 235; or

(2)  does not comply with section 245.

2023, c. 34, s. 249.

Not in force

250. Despite paragraph 1 of section 249, a deed of appointment is not null solely because it increases the number of physicians or dentists enjoying privileges within the institution beyond the number provided for by the medical and dental staffing plan,

(1)  where the appointment is intended solely to provide for the temporary replacement of a physician or dentist who already has duly granted status and privileges; or

(2)  where the president and chief executive officer, in exceptional circumstances, in particular to ensure sufficient access to services, authorizes a president and executive director to make an appointment departing from the medical and dental staffing plan.

Santé Québec’s president and chief executive officer may make the authorization subject to the conditions the president and chief executive officer determines.

A physician or dentist whose appointment departing from the medical and dental staffing plan is authorized under subparagraph 2 of the first paragraph is, for the purposes of section 238, deemed to have made an admissible application.

2023, c. 34, s. 250.

Not in force

251. A pharmacist may practise within the institution on being appointed by the president and executive director.

The president and executive director assigns a status to the pharmacist at that time.

2023, c. 34, s. 251.

Not in force

252. In the case of an emergency, the medical and professional services director, the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives, a clinical department head or a head of a service may temporarily grant a physician, dentist or pharmacist authorization to practise within the institution. In such a case, the person who granted the authorization must immediately notify the president and executive director and the president and chief executive officer. The authorization is valid for a maximum period of three months and is renewable only with the authorization of the president and chief executive officer and on the conditions the latter determines.

Sections 236 to 251 do not apply to the granting of such an authorization or to its renewal. Moreover, where the time required for granting the authorization may be prejudicial to a user, any physician, dentist or pharmacist may, without that authorization, give the services required by the state of health of the user.

2023, c. 34, s. 252.

Not in force

3.  — Conditions for the practice of the profession of physician or dentist and cessation of practice

2023, c. 34, Sd. 3.

Not in force

253. Any physician or dentist practising within an institution must hold a valid professional liability insurance contract accepted by the president and executive director and must, each year, establish that the insurance contract is in force.

However, a physician may discharge the obligation referred to in the first paragraph by annually providing the president and executive director with proof that they are a member of the Canadian Medical Protective Association.

2023, c. 34, s. 253.

Not in force

254. The Government may, by regulation, determine the procedure to be followed, and the content of the form to be used, by a physician or dentist practising within an institution in order to receive remuneration from the Régie de l’assurance maladie du Québec.

2023, c. 34, s. 254.

Not in force

255. Santé Québec may not pay any remuneration or grant any other direct or indirect benefit to a physician practising under the plan established by the Health Insurance Act (chapter A-29) as consideration for services insured under that plan and provided within an institution, nor may it pay any remuneration or grant any such benefit to that physician as consideration for the performance of any other activity within an institution, except to the extent prescribed by a government regulation.

2023, c. 34, s. 255.

Not in force

256. The physicians and dentists who, within an institution, render services for the carrying out of managerial functions determined by a regulation of Santé Québec are paid under a program of which the administration is entrusted to the Régie de l’assurance maladie du Québec by the Government. Such services are remunerated in accordance with an agreement entered into within the framework of section 19 of the Health Insurance Act (chapter A-29).

The Government determines the resource envelope to be used for the remuneration of the managerial functions referred to in the first paragraph taking into account that agreement.

2023, c. 34, s. 256.

Not in force

257. A physician or dentist who decides to cease to practise within an institution must give prior notice of at least 60 days to the president and executive director.

The decision of the physician or dentist becomes irrevocable on receipt of the notice by the president and executive director, and takes effect at the expiry of the period indicated in the notice.

2023, c. 34, s. 257.

Not in force

258. Despite section 257, the president and executive director may authorize a physician or dentist to cease to practise within an institution without prior notice or with a prior notice of less than 60 days if the medical and professional services director considers that the physician’s or dentist’s leaving does not affect the quality or adequate supply of the medical and dental services offered to the population served by that institution.

2023, c. 34, s. 258.

Not in force

259. A physician or dentist who ceases to practise within an institution without the authorization of the president and executive director and without giving prior notice of at least 60 days or before the expiry of a shorter period authorized under section 258 becomes, from the date fixed by the Régie de l’assurance maladie du Québec, a non-participating professional for the purposes of the Health Insurance Act (chapter A-29), for a period equal to twice the number of days remaining before the expiry of the applicable notice period.

The president and executive director promptly informs the Régie of the departure of the physician or dentist and indicates the period for which that professional becomes a non-participating professional.

Where the medical and professional services director considers that the departure may affect the quality or adequate supply of the medical and dental services offered to the population served by the institution, the medical and professional services director notifies in writing the Collège des médecins du Québec or the Ordre des dentistes du Québec, as applicable.

2023, c. 34, s. 259.

Not in force

4.  — Discipline

2023, c. 34, Sd. 4.

Not in force

260. The power to take disciplinary measures against a physician, dentist or pharmacist is exercised by the president and executive director and, unless otherwise provided by this Act, by the medical and professional services director or a clinical department head, provided that the latter, if employed by Santé Québec, is a management officer.

Any person referred to in the first paragraph who may exercise the power to take disciplinary measures is, for the purposes of this Act, a person in charge of discipline.

2023, c. 34, s. 260.

Not in force

261. Before taking a disciplinary measure, a person in charge of discipline referred to in section 260 must notify the physician, dentist or pharmacist concerned of their intent, and allow the physician, dentist or pharmacist to make observations within 15 days.

2023, c. 34, s. 261.

Not in force

262. The institution must communicate to the professional order concerned a reproduction of any decision that imposes a disciplinary measure.

2023, c. 34, s. 262.

Not in force

263. Every disciplinary measure against a physician, dentist or pharmacist must give reasons and be based solely on one of the following grounds:

(1)  misconduct;

(2)  non-compliance with the institution’s by-laws, in view of the specific requirements of the institution;

(3)  for a physician or dentist, failure to perform in full, properly and without delay the obligations attached to the enjoyment of privileges or any other non-compliance with the terms set out in the deed of appointment;

(4)  for a pharmacist, failure to perform in full, properly and without delay the obligations incumbent on them as a Santé Québec employee, unless the failure is referred to in the second paragraph of section 264; or

(5)  a notice rendered under the second paragraph of section 264.

2023, c. 34, s. 263.

Not in force

264. A person in charge of discipline referred to in section 260 may submit a complaint made against a physician, dentist or pharmacist to the council of physicians, dentists, pharmacists and midwives.

If, after examining the complaint, the council rules that the physician, dentist or pharmacist has acted without having the qualifications required or has shown scientific incompetence or negligence, it must so notify the person in charge of discipline.

The institution’s by-laws establish the complaint examination procedure.

2023, c. 34, s. 264.

Not in force

265. The disciplinary measures that may be taken against a physician or dentist are

(1)  a reprimand;

(2)  the imposition of an administrative penalty provided for in the institution’s by-laws;

(3)  a change in status;

(4)  the withdrawal of privileges;

(5)  the suspension of status and privileges for a determined time; and

(6)  the revocation of status and privileges.

The disciplinary measures may also include a recommendation that the professional concerned serve a period of refresher training, take a refresher course, or both, and may, if necessary, restrict or suspend some or all of the physician’s or dentist’s privileges for the duration of the refresher period.

Only the president and executive director may order the revocation of status and privileges. A clinical department head may not impose disciplinary measures other than a reprimand.

2023, c. 34, s. 265.

Not in force

266. The disciplinary measures that may be taken against a pharmacist range from a reprimand to dismissal.

They may also include a recommendation that the pharmacist serve a period of refresher training, take a refresher course, or both, and may, if necessary, restrict or suspend the pharmacist’s activities for the duration of the refresher period.

Only the president and executive director may dismiss a pharmacist. The head of the clinical department of pharmacy may impose no disciplinary measures other than a reprimand.

2023, c. 34, s. 266.

Not in force

267. In the case of an emergency, the president and executive director, the medical and professional services director, the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives or the clinical department head concerned may temporarily suspend, as applicable, a physician’s or dentist’s status and privileges, or the status of a pharmacist practising within the institution.

If the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives decides to impose a suspension under the first paragraph, the chair must immediately notify any person in charge of discipline concerned and send that person a report within 48 hours.

The temporary suspension is valid until a disciplinary measure is taken against the professional concerned, in accordance with sections 260 to 266, or until it is decided that no such measure will be taken, but must not exceed 20 days.

2023, c. 34, s. 267.

Not in force

268. No judicial proceedings may be brought against the following persons or entities for an act performed or omitted in good faith in the exercise of their functions under sections 260 to 267:

(1)  a discipline committee of the council of physicians, dentists, pharmacists and midwives or a member of such a committee;

(2)  a person in charge of discipline; and

(3)  the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives.

2023, c. 34, s. 268.

Not in force

5.  — Renewal of status and privileges granted to a physician or dentist

2023, c. 34, Sd. 5.

Not in force

269. The status and privileges granted to a physician or dentist may be renewed on application by the physician or dentist.

However, status and privileges may not be renewed if they result from an appointment made solely to temporarily replace a physician or dentist who already has duly granted status and privileges.

2023, c. 34, s. 269.

Not in force

270. The medical and professional services director must, before the president and executive director rules on the application for renewal, inform the latter of any reasons for refusing renewal and specify the nature of the reasons, if any.

2023, c. 34, s. 270.

Not in force

271. An application for renewal may be refused by the president and executive director solely on one of the following grounds:

(1)  failure by the physician or dentist to meet the criteria relating to qualification, scientific competence or conduct, in view of the specific requirements of the institution;

(2)  failure to perform in full, properly and without delay the obligations attached to the enjoyment of privileges or any other non-compliance with the terms set out in the deed of appointment; or

(3)  the renewal would contravene the conditions for granting a status prescribed by the regulation made under the third paragraph of section 241.

2023, c. 34, s. 271.

Not in force

272. Status and privileges are renewed for a minimum period of 12 months, without exceeding 48 months.

2023, c. 34, s. 272.

Not in force

273. The status and privileges of a physician or dentist may be modified at the time of their renewal. The same applies to the obligations attached to the enjoyment of privileges.

The provisions regarding the appointment of a physician or dentist provided for in sections 236 to 249 are, in all other respects, applicable, with the necessary modifications, to a renewal made with changes in status and privileges and changes to the obligations attached to their enjoyment.

2023, c. 34, s. 273.

Not in force

6.  — Recourse

2023, c. 34, Sd. 6.

Not in force

274. A physician or dentist who is not satisfied with a decision that was rendered in their regard on the basis of criteria relating to qualifications, scientific competence or conduct, or that concerns disciplinary measures may, within 60 days of the date on which the decision was notified to them, contest the decision before the Administrative Tribunal of Québec.

The physician or dentist may also apply to the Tribunal within 60 days of the expiry of the time prescribed in section 247, as if the decision were unfavourable, if no decision on the physician’s or dentist’s application for appointment has been sent to the physician or dentist within the time prescribed in that section.

2023, c. 34, s. 274.

Not in force

275. A pharmacist who is not satisfied with a decision that was rendered in their regard and that concerns disciplinary measures may, within 60 days after the date on which the decision was notified to them, contest the decision before the Administrative Tribunal of Québec.

2023, c. 34, s. 275.

Not in force

7.  — Communication of information

2023, c. 34, Sd. 7.

Not in force

276. The institution communicates to Santé Québec’s president and chief executive officer or to the person designated by the latter, in the form and at the intervals determined by Santé Québec’s board of directors, the information that the board determines concerning applications for appointment or for renewal accepted by the president and executive director and concerning the physicians and dentists who cease to practise within the institution.

2023, c. 34, s. 276.

Not in force

V.  — Midwives

2023, c. 34, Sd. V.

Not in force

277. The power to enter into service contracts with midwives so that they may practise for a Santé Québec institution is exercised by the president and executive director.

2023, c. 34, s. 277.

Not in force

278. To enter into a service contract referred to in section 277, a midwife must submit an application to the president and executive director.

2023, c. 34, s. 278.

Not in force

279. Before deciding on a midwife’s application, the president and executive director must obtain recommendations regarding the midwife’s qualifications and competence from the head of the clinical department of midwifery.

2023, c. 34, s. 279.

Not in force

280. The president and executive director accepts or refuses a midwife’s application for reasons based on the administrative, professional and scientific organization of the institution and the available resources.

The president and executive director may also refuse an application on the basis of failure by the midwife to fulfill the criteria relating to qualifications, competence or conduct.

2023, c. 34, s. 280.

Not in force

281. The service contract entered into with a midwife must specify the rights and obligations of the midwife that are attached to the practice of midwifery for the institution. It may in particular confer on the midwife the right to admit and to discharge users, determine the activities that the midwife has the right to engage in within the institution and specify the terms and conditions for exercising such rights.

It must, among other things, provide for the midwife’s participation in the committees formed within the council of physicians, dentists, pharmacists and midwives.

The contract must be entered into for a term not exceeding three years and is renewable on its expiry. Mechanisms for the termination of the contract before its expiry and the circumstances allowing such termination must also be provided in the contract.

2023, c. 34, s. 281.

Not in force

282. Within 90 days of receiving the midwife’s application, the president and executive director must send the midwife a decision in writing. In addition, any refusal must include reasons given in writing.

2023, c. 34, s. 282.

Not in force

283. Any midwife practising under a service contract referred to in section 277 must hold a valid liability insurance contract accepted by the president and executive director and must, each year, establish that the insurance contract is in force.

However, a midwife may discharge the obligation referred to in the first paragraph by annually providing the president and executive director with proof that the midwife is covered by an equivalent liability insurance contract.

2023, c. 34, s. 283.

Not in force

284. The power to take disciplinary measures against a midwife is to be exercised by the president and executive director and, unless otherwise provided in this Act, by the medical and professional services director or the head of the clinical department of midwifery.

Any person who may exercise the power to take disciplinary measures under the first paragraph is, for the purposes of this Act, a person in charge of discipline.

2023, c. 34, s. 284.

Not in force

285. Before taking a disciplinary measure, a person in charge of discipline referred to in section 284 must notify the midwife concerned of their intent, and allow the midwife to make observations within 15 days.

2023, c. 34, s. 285.

Not in force

286. The institution must send the Ordre des sages-femmes du Québec a reproduction of any decision that imposes a disciplinary measure.

2023, c. 34, s. 286.

Not in force

287. Every disciplinary measure against a midwife must give reasons and be based solely on one of the following grounds:

(1)  misconduct;

(2)  non-compliance with the institution’s by-laws, in view of the specific requirements of the institution;

(3)  non-compliance with the obligations set out in the midwife’s service contract; or

(4)  a notice rendered under the second paragraph of section 288.

2023, c. 34, s. 287.

Not in force

288. A person in charge of discipline referred to in section 284 may submit a complaint made against a midwife to the council of physicians, dentists, pharmacists and midwives.

If, after examining the complaint, the council rules that the midwife has acted without having the qualifications required or has shown incompetence or negligence, it must so notify the person in charge of discipline.

The institution’s by-laws establish the complaint examination procedure.

2023, c. 34, s. 288.

Not in force

289. The disciplinary measures that may be taken against a midwife range from a reprimand up to the resiliation of the midwife’s service contract and include the modification of such contract and withdrawal of one or more rights the contract provides.

Only the president and executive director may resiliate the service contract. The head of the clinical department of midwifery may impose no disciplinary measures other than a reprimand.

2023, c. 34, s. 289.

Not in force

290. In the case of an emergency, the president and executive director, the medical and professional services director, the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives or the head of the clinical department of midwifery may temporarily suspend a midwife’s right to practise under the midwife’s service contract.

The head of the clinical department, the chair of the executive committee of the council of physicians or the medical and professional services director, as applicable, must immediately notify every person responsible for discipline concerned and send the latter a report within 48 hours.

The temporary suspension is valid until, in accordance with sections 284 to 289, a disciplinary measure is taken regarding the midwife concerned or until a decision is made to take no disciplinary measure, but may not exceed 20 days.

2023, c. 34, s. 290.

Not in force

291. No judicial proceedings may be brought against the following persons or entities for an act performed or omitted in good faith in the exercise of their functions under sections 284 to 290:

(1)  a discipline committee of the council of physicians, dentists, pharmacists and midwives or a member of such a committee;

(2)  a person in charge of discipline; and

(3)  the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives.

2023, c. 34, s. 291.

Not in force

292. A midwife who is not satisfied with a decision that was rendered in their regard on the basis of criteria relating to qualifications, competence or conduct or with a decision concerning disciplinary measures may, within 60 days of the date on which the decision was notified to them, contest the decision before the Administrative Tribunal of Québec.

The midwife may also apply to the Tribunal within 60 days after the expiry of the time prescribed in section 282, as if the decision were unfavourable, if no decision on the midwife’s application for a service contract has been sent to the midwife within the time prescribed in that section.

2023, c. 34, s. 292.

Not in force

293. The Minister may, with the approval of the Conseil du trésor, enter into an agreement with a body representing midwives for the purposes of sections 277 to 292. The agreement is binding on all institutions.

Such an agreement may in particular provide for different methods of remuneration or the payment, as compensation or reimbursement, of various amounts such as premiums, expenses or allowances.

If no agreement has been entered into, the Conseil du trésor may fix the remuneration or the methods of remuneration by a regulation which stands in lieu of an agreement.

The provisions of the Labour Code (chapter C-27) and the Act respecting labour standards (chapter N-1.1) do not apply to a midwife governed by an agreement entered into under this section and who provides services for an institution under a service contract entered into under section 277.

2023, c. 34, s. 293.

Not in force

294. The provisions of an agreement entered into under section 293 continue to have effect, despite the expiry of the agreement, until the coming into force of a new agreement, which may be retroactive to the expiry of the previous agreement.

2023, c. 34, s. 294.

Not in force

295. An agreement under section 293 is binding on all the midwives who practise under a service contract referred to in section 277, whether or not they are members of the body with which the agreement was entered into.

2023, c. 34, s. 295.

Not in force

§ 3 . — Rules specific to nurses

2023, c. 34, Sd. 3.

Not in force

I.  — Director of nursing care

2023, c. 34, Sd. I.

Not in force

296. The president and executive director of a Santé Québec institution appoints a director of nursing care.

An institution’s director of nursing care must be a nurse.

2023, c. 34, s. 296.

Not in force

297. Under the immediate authority of the president and executive director, the director of nursing care, in addition to the other functions conferred by this Act, exercises the following functions:

(1)  supervising and monitoring the quality of nursing care provided within the institution;

(2)  ensuring that rules governing nursing care are drawn up;

(3)  where applicable, cooperating in drawing up the rules governing medical care and the rules governing the use of medications to be followed by nurses authorized to engage in activities referred to in section 36.1 of the Nurses Act (chapter I-8); and

(4)  where applicable, keeping and updating a register of the nurses authorized to engage in one or more of the activities referred to in that section.

2023, c. 34, s. 297.

Not in force

298. The director of nursing care may, for disciplinary reasons or on grounds of incompetence, limit or suspend a nurse’s authorization to engage in the activities referred to in section 36.1 of the Nurses Act (chapter I-8) within the institution.

The Ordre des infirmières et infirmiers du Québec must be informed of any measure taken under this section.

2023, c. 34, s. 298.

Not in force

299. Subject to the institution’s by-laws and under the immediate authority of the president and executive director, the director of nursing care must

(1)  ensure appropriate distribution of nursing care within the institution;

(2)  plan, coordinate and evaluate nursing care in relation to the needs of the institution;

(3)  manage the human, material and financial resources under their direction; and

(4)  carry out any other function entrusted by the president and executive director.

2023, c. 34, s. 299.

Not in force

II.  — Council of nurses

2023, c. 34, Sd. II.

Not in force

300. Santé Québec institutions each have a council of nurses.

The council is composed of all the nurses, including specialized nurse practitioners, and nursing assistants practising within the institution.

2023, c. 34, s. 300.

Not in force

301. In accordance with the by-laws of the institution, the council of nurses is responsible to the interdisciplinary council for the evaluation of trajectories and clinical organization for giving its opinion on the following matters, considering them from the viewpoint of the nurses:

(1)  the trajectories of clinical services within the institution, in particular as concerns their pertinence and their efficiency;

(2)  the institution’s technical, scientific and clinical organization;

(3)  the distribution of clinical services; and

(4)  any other matter brought to its attention by the interdisciplinary council.

2023, c. 34, s. 301.

Not in force

302. In accordance with the by-laws of the institution, the council of nurses is responsible to the director of nursing care for

(1)  generally assessing the quality of the nursing acts performed within the institution and of the activities referred to in section 36.1 of the Nurses Act (chapter I-8) carried on in the institution;

(2)  making recommendations on the following matters:

(a)  the nursing rules applicable to its members within the institution;

(b)  the rules relating to medical care and the use of medications which apply to its members; and

(c)  the appropriate distribution of the care provided by its members within the institution;

(3)  giving its opinion on the means to be taken to assess and maintain the competence of nurses; and

(4)  assuming any other function assigned to it by the director of nursing care.

In exercising its responsibilities, the council of nurses takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.

2023, c. 34, s. 302.

Not in force

303. The council of nurses may, with the authorization of the president and executive director, call on any expert to assist it in the exercise of its functions and powers. That expert, like the council, has access to a user’s record where the information contained in it is necessary for the exercise of the expert’s functions.

Before beginning to exercise those functions, the expert must take the oath provided for in Schedule I.

No judicial proceedings may be brought against the expert for an act or omission made in good faith in the exercise of the expert’s functions.

2023, c. 34, s. 303.

Not in force

304. The council of nurses may establish a committee composed of nursing assistants or a committee composed of specialized nurse practitioners and delegate to it the exercise of the functions provided for in section 302 with regard to those persons. The exercise of those functions is subject to the approval of the executive committee of the council of nurses.

The committee may adopt by-laws concerning its internal management, its operation and the pursuit of its purposes. The by-laws come into force after being approved by the executive committee.

2023, c. 34, s. 304.

Not in force

305. The functions of the council of nurses are exercised by an executive committee composed of at least four nurses, including a specialized nurse practitioner, and a nursing assistant, designated by the council, and of the director of nursing care.

The institution’s president and executive director or the person designated by the latter may participate in the work of the executive committee.

The executive committee has the powers of the council of nurses necessary for the exercise of its functions. It supervises and coordinates the work of the council’s other committees, if applicable.

The director of nursing care sees to the proper operation of the committees of the council of nurses and ensures that the nursing acts performed within the institution are properly assessed by the council.

2023, c. 34, s. 305.

Not in force

306. The council of nurses may adopt by-laws concerning its internal management, the creation and operation of committees in addition to the executive committee, and the pursuit of its purposes. The by-laws must prescribe the rules for designating the chair of the council and the chair of its executive committee. The by-laws come into force after being approved by the institution’s director of nursing care.

2023, c. 34, s. 306.

Not in force

307. Every recommendation of a committee established under section 304 that is not accepted by the executive committee of the council of nurses must be forwarded to the president and executive director of the institution accompanied with the reasons for the decision.

2023, c. 34, s. 307.

Not in force

308. The council of nurses must submit an annual report to the director of nursing care and to the institution board of directors concerning the carrying out of its functions and the opinions resulting from it.

2023, c. 34, s. 308.

Not in force

§ 4 . — Rules specific to multidisciplinary health services personnel

2023, c. 34, Sd. 4.

Not in force

I.  — Director of multidisciplinary health services

2023, c. 34, Sd. I.

Not in force

309. The president and executive director of a Santé Québec institution appoints a director of multidisciplinary health services.

2023, c. 34, s. 309.

Not in force

310. Subject to the institution’s by-laws and under the immediate authority of the president and executive director, the director of multidisciplinary health services must

(1)  supervise and monitor the quality of the services provided by the personnel who are members of the council of multidisciplinary health services referred to in section 311;

(2)  ensure the appropriate distribution of the services provided by the personnel who are members of that council within the institution;

(3)  plan, coordinate and assess the activities carried on by that personnel in relation to the institution’s needs;

(4)  manage the human, material and financial resources under the director’s direction;

(5)  contribute to the development and support of the personnel who are members of the council of multidisciplinary health services; and

(6)  carry out any other function entrusted to the director by the president and executive director.

2023, c. 34, s. 310.

Not in force

II.  — Council of multidisciplinary health services

2023, c. 34, Sd. II.

Not in force

311. Santé Québec institutions each have a council of multidisciplinary health services.

The council is composed of all the persons holding a college- or university-level diploma who exercise functions for the institution which are specific to the field of activity for which the diploma was granted and which are directly related to health services or to research or teaching in that field, except the persons who are members of the council of physicians, dentists, pharmacists and midwives, the council of nurses or the council of multidisciplinary social services.

2023, c. 34, s. 311.

Not in force

312. In accordance with the by-laws of the institution, the council of multidisciplinary health services is responsible to the interdisciplinary council for the evaluation of trajectories and clinical organization for giving its opinion on the following matters, considering them from the viewpoint of its members:

(1)  the trajectories of clinical services within the institution, in particular as concerns their pertinence and their efficiency;

(2)  the institution’s technical, scientific and clinical organization;

(3)  the distribution of clinical services; and

(4)  any other matter brought to its attention by the interdisciplinary council.

2023, c. 34, s. 312.

Not in force

313. In accordance with the institution’s by-laws, the council of multidisciplinary health services is responsible to the director of multidisciplinary health services for

(1)  forming, whenever required, the peer committees needed to assess and improve the quality of the professional practice of all its members within the institution;

(2)  making recommendations on the appropriate distribution of services provided by its members, in view of the local conditions of practice required to ensure the provision of services within the institution;

(3)  giving its opinion on the means to be used to assess and maintain the competence of its members; and

(4)  carrying out any other function entrusted to it by the director of multidisciplinary health services.

In exercising its responsibilities, the council of multidisciplinary health services takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.

2023, c. 34, s. 313.

Not in force

314. The council of multidisciplinary health services may, with the authorization of the president and executive director, call on any expert to assist it in the exercise of its functions and powers. That expert, like the council, has access to a user’s record where the information contained in it is necessary for the exercise of the expert’s functions.

Before beginning to exercise those functions, the expert must take the oath provided for in Schedule I.

No judicial proceedings may be brought against the expert for an act or omission made in good faith in the exercise of the expert’s functions.

2023, c. 34, s. 314.

Not in force

315. The functions of the council of multidisciplinary health services are exercised by an executive committee composed of at least three persons who hold different job titles and, if applicable, who are members of different professional orders, elected by and from among the members of the council, and of the director of multidisciplinary health services.

The institution’s president and executive director or the person designated by the latter may participate in the work of the executive committee.

The executive committee has the powers of the council of multidisciplinary health services necessary for the exercise of its functions. It supervises and coordinates the work of the council’s other committees, if applicable.

The director of multidisciplinary health services sees to the proper operation of the council’s committees and ensures that its members’ practice within the institution is properly assessed by the council.

2023, c. 34, s. 315.

Not in force

316. The council of multidisciplinary health services may adopt by-laws concerning its internal management, the creation and operation of committees, in addition to the executive committee, and the pursuit of its purposes. The by-laws must prescribe the rules for designating the chair of the council and the chair of its executive committee. The by-laws come into force after being approved by the director of multidisciplinary health services.

2023, c. 34, s. 316.

Not in force

317. The council of multidisciplinary health services must submit an annual report to the director of multidisciplinary health services and to the institution board of directors concerning the carrying out of its functions and the opinions resulting from it.

2023, c. 34, s. 317.

Not in force

§ 5 . — Rules specific to multidisciplinary social services personnel

2023, c. 34, Sd. 5.

Not in force

I.  — Director of multidisciplinary social services

2023, c. 34, Sd. I.

Not in force

318. The president and executive director of a Santé Québec institution appoints a director of multidisciplinary social services for the institution.

2023, c. 34, s. 318.

Not in force

319. Subject to the institution’s by-laws and under the immediate authority of the president and executive director, the director of multidisciplinary social services must

(1)  supervise and monitor the quality of the services provided by the personnel who are members of the council of multidisciplinary social services referred to in section 320;

(2)  ensure the appropriate distribution of the services provided by the personnel who are members of that council within the institution;

(3)  plan, coordinate and assess the activities carried on by that personnel in relation to the institution’s needs;

(4)  manage the human, material and financial resources under the director’s direction;

(5)  contribute to the development and support of the personnel who are members of the council of multidisciplinary social services; and

(6)  carry out any other function entrusted to the director by the president and executive director.

2023, c. 34, s. 319.

Not in force

II.  — Council of multidisciplinary social services

2023, c. 34, Sd. II.

Not in force

320. Santé Québec institutions each have a multidisciplinary social services council.

The council is composed of all the persons holding a college- or university-level diploma who exercise functions for the institution which are specific to the field of activity for which the diploma was granted and which are directly related to social services or to research or teaching in that field, except the persons who are members of the council of physicians, dentists, pharmacists and midwives, the council of nurses or the council of multidisciplinary health services.

2023, c. 34, s. 320.

Not in force

321. In accordance with the by-laws of the institution, the council of multidisciplinary social services is responsible to the interdisciplinary council for the evaluation of trajectories and clinical organization for giving its opinion on the following matters, considering them from the viewpoint of its members:

(1)  the trajectories of clinical services within the institution, in particular as concerns their pertinence and their efficiency;

(2)  the institution’s technical, scientific and clinical organization;

(3)  the distribution of clinical services; and

(4)  any other matter brought to its attention by the interdisciplinary council.

2023, c. 34, s. 321.

Not in force

322. In accordance with the institution’s by-laws, the council of multidisciplinary social services is responsible to the director of multidisciplinary social services for

(1)  forming, whenever required, the peer committees needed to assess and improve the quality of the professional practice of all its members within the institution;

(2)  making recommendations on the appropriate distribution of the services provided by its members, in view of the local conditions of practice required to ensure the provision of services within the institution;

(3)  giving its opinion on the means to be used to assess and maintain the competence of its members; and

(4)  carrying out any other function entrusted to it by the director of multidisciplinary social services.

In exercising its responsibilities, the council of multidisciplinary social services takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.

2023, c. 34, s. 322.

Not in force

323. The council of multidisciplinary social services may, with the authorization of the president and executive director, call on any expert to assist it in the exercise of its functions and powers. That expert, like the council, has access to a user’s record where the information contained in it is necessary for the exercise of the expert’s functions.

Before beginning to exercise those functions, the expert must take the oath provided for in Schedule I.

No judicial proceedings may be brought against the expert for an act or omission made in good faith in the exercise of the expert’s functions.

2023, c. 34, s. 323.

Not in force

324. The functions of the council of multidisciplinary social services are exercised by an executive committee composed of at least three persons who hold different job titles and, if applicable, who are members of different professional orders, elected by and from among the members of the council, and of the director of multidisciplinary social services.

The institution’s president and executive director or the person designated by the latter may participate in the work of the executive committee.

The executive committee has the powers of the council of multidisciplinary social services necessary for the exercise of its functions. It supervises and coordinates the work of the council’s other committees, if applicable.

The director of multidisciplinary social services sees to the proper operation of the council’s committees and ensures that its members’ practice within the institution is properly assessed by the council.

2023, c. 34, s. 324.

Not in force

325. The council of multidisciplinary social services may adopt by-laws concerning its internal management, the creation and operation of committees, in addition to the executive committee, and the pursuit of its purposes. The by-laws must prescribe the rules for designating the chair of the council and the chair of its executive committee. The by-laws come into force after being approved by the institution’s director of multidisciplinary social services.

2023, c. 34, s. 325.

Not in force

326. The council of multidisciplinary social services must submit an annual report to the director of multidisciplinary social services and to the institution board of directors concerning the carrying out of its functions and the opinions resulting from it.

2023, c. 34, s. 326.

Not in force

DIVISION V REPORTING

2023, c. 34, Div. V.

Not in force

327. A Santé Québec institution must, on or before 30 June each year, file an annual management report for the preceding fiscal year with the president and chief executive officer.

The report must be filed in the form determined by the Minister and contain any information required by the Minister.

2023, c. 34, s. 327.

Not in force

CHAPTER II GROUPED INSTITUTIONS

2023, c. 34, c. II.

Not in force

328. Grouped institutions are the institutions referred to in Schedule II. They are public institutions even if they are not established under section 42. The Minister determines which Santé Québec institution each grouped institution is attached to.

Each grouped institution provides any group of services determined by the board of directors of Santé Québec from among those described in section 4, except local community services and child and youth protection services.

Sections 46 and 47 apply to a grouped institution, with the necessary modifications. Likewise, the resolution of the board of directors determining the services it offers includes the particulars provided for in paragraphs 1, 3 and 4 of section 48.

2023, c. 34, s. 328.

Not in force

329. The board of directors of Santé Québec administers the affairs of the grouped institutions and exercises with respect to them, with the necessary modifications, all the powers that Santé Québec has with respect to its institutions, subject to the special provisions of this chapter.

Santé Québec’s by-laws, as well as section 52, the first paragraph of section 53 and sections 65, 104 to 107, 116 to 122 and 179 to 187 also apply, with the necessary modifications, to grouped institutions.

2023, c. 34, s. 329.

Not in force

330. The organizational structure of a grouped institution is that of the Santé Québec institution to which it is attached. The president and executive director and the main officers of the Santé Québec institution exercise, with respect to the grouped institution, the same functions and responsibilities as those they exercise with respect to the Santé Québec institution.

The Santé Québec institution provides the grouped institution with the personnel and other resources necessary for its activities. Likewise, the physicians and dentists who practice their profession within the Santé Québec institution are authorized to practice, on the same conditions, within the grouped institution, and the service contracts binding the Santé Québec institution and midwives allow the latter to practice their profession, on the same conditions, for the grouped institution.

In addition, all the boards, councils, entities and committees of the Santé Québec institution, except the users’ committee referred to in section 179 and, where applicable, the residents’ committee referred to in that section and the advisory committee referred to in section 160, exercise, with respect to the grouped institution, the same functions and responsibilities as those they exercise with respect to the Santé Québec institution.

2023, c. 34, s. 330.

Not in force

331. Despite subparagraph 1 of the second paragraph of section 133, the institution board of directors of the Santé Québec institution to which a grouped institution is attached includes, as applicable, the representative designated by the foundation of the Santé Québec institution or of the grouped institution or, if there is more than one foundation, the person the foundations designate.

The representative’s or person’s term may not exceed four years.

2023, c. 34, s. 331.

Not in force

332. The resource allocation mechanisms established by Santé Québec under section 115 must provide for the allocation of a single resource envelope to the Santé Québec institution to which a grouped institution is attached for all its activities and those of the grouped institution.

Likewise, such a Santé Québec institution and such a grouped institution are considered as a whole for the purposes of the financial statements filed by Santé Québec under section 127. Santé Québec or its institution, as applicable, also files, in a unified manner, any act of an administrative nature, report or other document that must be filed by any of them.

2023, c. 34, s. 332.

Not in force

333. A grouped institution must contract only for the purposes of the conservation, administration and disposition of its immovables.

Despite the first paragraph, a grouped institution may enter into any contract with Santé Québec.

2023, c. 34, s. 333.

Not in force

334. The board of directors of Santé Québec must see to it that the members of a grouped institution adopt a by-law to determine the conditions to be admitted as a member of the institution, members’ rights and obligations and the criteria or conditions relating to their resignation, suspension or exclusion.

If the members of the institution fail to do so, the board of directors must act in their stead.

Any by-law by the members of the institution that is made under the first paragraph must, to come into force, be submitted to the board of directors for approval.

2023, c. 34, s. 334.

Not in force

335. The members of a grouped institution may, by by-law, form a board of governors or a board of delegates to represent them, and determine the composition, the rules of internal management and the functions and duties of such a board, as well as the method of appointment, the term of office, and the method of dismissal of a governor or delegate. Notices which must be sent to members of the institution are validly sent if addressed to the board of governors or delegates.

The by-law from the members of the institution may provide that the exercise of the powers assigned by this chapter to the members may be entrusted to the board of governors or delegates.

2023, c. 34, s. 335.

Not in force

336. A Santé Québec institution to which a grouped institution is attached records in a register the name, address and occupation of each member of the grouped institution and, where applicable, those of its governors or delegates. Similarly, it records in its books the by-laws adopted by the members and the minutes of their meetings as well as, where applicable, the by-laws adopted by the governors or delegates and the minutes of their meetings.

2023, c. 34, s. 336.

Not in force

337. The board of directors of Santé Québec must obtain the consent of at least two-thirds of the votes cast by the members of a grouped institution with regard to any decision relating to access to services of a cultural or linguistic nature provided in the facilities of that institution.

2023, c. 34, s. 337.

Not in force

338. A grouped institution that requests the withdrawal of a recognition under the third paragraph of section 29.1 of the Charter of the French language (chapter C-11) must, for the request to be admissible, attach the following documents to it:

(1)  a favourable recommendation by at least two-thirds of the votes cast by the members of the institution;

(2)  a favourable recommendation by the national committee formed under section 416; and

(3)  a favourable recommendation by at least two-thirds of the members of the regional committee formed for the health region under section 417.

2023, c. 34, s. 338.

Not in force

339. No constituting act of a grouped institution may be amended, revoked or abandoned without the written authorization of the Minister. However, the Minister may, with the same effects, give such authorization in cases where the constituting act of the institution has been amended, revoked or abandoned without that authorization.

For the purposes of this chapter, “constituting act” means the special Act constituting the institution, the letters patent, the supplementary letters patent, the articles of constitution or continuance and any other document or charter granted for its constitution.

2023, c. 34, s. 339.

Not in force

340. Where a grouped institution has been constituted by a special Act, the enterprise registrar may, despite any inconsistent legislative provision, issue supplementary letters patent to amend the constituting act of the institution on an application by Santé Québec authorized by the Minister in accordance with section 339.

The enterprise registrar publishes the supplementary letters patent in the Gazette officielle du Québec, with a notice indicating the date on which they come into effect. The Québec Official Publisher must include in the annual compilation of the statutes of Québec printed after the issuance of the supplementary letters patent a table indicating both the date of effect of the supplementary letters patent and the legislative provisions they amend.

The application referred to in the first paragraph must be signed by the president and chief executive officer of Santé Québec and by the chair of its board of directors. It must also be supported by a resolution adopted by the board of directors, which must be approved by at least two-thirds of the votes cast by the members of the institution.

2023, c. 34, s. 340.

Not in force

341. The board of directors of Santé Québec must notify the members of a grouped institution of any measure that may entail a reduction in the value or a change in the destination of the immovables of the institution.

The board of directors of Santé Québec may not alienate an immovable of such an institution or change its destination except with the approval of at least two-thirds of the votes cast by its members.

2023, c. 34, s. 341.

Not in force

342. Where the acquisition of an immovable surplus to requirements of a grouped institution or its construction or the work carried out on it has been financed with funds other than funds provided, in whole or in part, by government subsidy or 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 to a foundation of the institution or paid into a special fund the administration of which is entrusted to the members of the institution to be used for one of the following purposes:

(1)  the purchase, construction, renovation, improvement, enlargement or development of immovable property of the institution;

(2)  the purchase, installation, improvement or replacement of furnishings, equipment or machinery of the institution;

(3)  the research activities of the institution;

(4)  the improvement of the quality of life of the users of the institution; or

(5)  the training and development of the human resources provided by the Santé Québec institution to which the grouped institution is attached, for specific needs.

The proceeds from the alienation of the immovable and the income arising from the proceeds may also be transferred to another non-profit legal person whose activities are related to the field of health and social services if the authorization required under subparagraph b of subparagraph 2 of the first paragraph of section 104, where applicable, so provides.

The rules set out in the first and second paragraphs also apply to funds constituted by the members of the institution before 23 June 1992 and which have traditionally been administered by those members.

Any immovable surplus to requirements may also be transferred to a foundation of the institution or, if the authorization required under subparagraph b of subparagraph 2 of the first paragraph of section 104, where applicable, so provides, to another non-profit legal person whose activities are related to the field of health and social services.

For the purposes of this section, “immovable surplus to requirements” means an immovable which the institution, Santé Québec and the Minister foresee will not be used for the purposes of another institution for whatever purpose for the five ensuing years.

2023, c. 34, s. 342.

Not in force

343. At the request of one or more groups composed of employees or professionals who work at a facility of a grouped institution or of persons from a sector of the population served by the grouped institution, Santé Québec must establish for the institution a single advisory committee charged with making recommendations to the board of directors of Santé Québec on the means to be implemented to preserve the cultural, historic, linguistic or local character of the institution and, if applicable, with establishing the necessary ties with the foundations of the institution as well as with the persons in charge of research activities.

The committee is composed of seven members who are qualified to carry out its mandate and appointed by Santé Québec’s board of directors. For that purpose, the board must invite interested groups to provide it with lists of names from which it selects the committee members.

The committee must establish its operating rules.

2023, c. 34, s. 343.

Not in force

CHAPTER III PRIVATE INSTITUTIONS

2023, c. 34, c. III.

Not in force

DIVISION I ORGANIZATION AND OPERATION

2023, c. 34, Div. I.

Not in force

344. A private institution must determine its administrative, professional and scientific organization.

2023, c. 34, s. 344.

Not in force

345. Section 46 applies, with the necessary modifications, to a private institution.

2023, c. 34, s. 345.

Not in force

346. A private institution must fulfill the following obligations:

(1)  create a watchdog committee to which sections 155, 156, 158 and 159 apply;

(2)  establish a risk management committee to which sections 174 and 176 to 178 apply;

(3)  establish a users’ committee and, where applicable, a residents’ committee to which sections 179 to 187 apply; and

(4)  adopt rules regarding disclosure to a user, to the representative of a user who is a minor or an incapable person of full age or, in the event of a user’s death, to the user’s heirs, legatees by particular title or the liquidator of the succession of any necessary information when an accident occurs.

The provisions to which the first paragraph refers apply with the following modifications and any other necessary modifications:

(1)  a reference to the board of directors of the private institution or, if the institution is not a legal person, to the authorization holder is substituted for any reference to the institution board of directors of an institution of Santé Québec and for any reference to the board of directors of Santé Québec;

(2)  a reference to the private institution’s by-laws is substituted for any reference to Santé Québec’s by-laws; and

(3)  a reference to the most senior officer of the private institution is substituted for any reference to the president and executive director of an institution of Santé Québec.

Santé Québec may, by regulation, determine which powers, from among those conferred on a private institution’s most senior officer by the provisions referred to in the first paragraph, may be withdrawn or restricted by the institution’s board of directors in order for the board to exercise them itself.

2023, c. 34, s. 346.

Not in force

347. The watchdog committee created for a private institution under subparagraph 1 of the first paragraph of section 346 is composed of at least five persons including the most senior officer of the institution, a service quality and complaints commissioner and another person designated by Santé Québec and any other person that the institution’s board of directors designates or, if the institution is not a legal person, that the holder of the authorization designates.

2023, c. 34, s. 347.

Not in force

348. The composition of the risk management committee established for a private institution under subparagraph 2 of the first paragraph of section 346 must ensure a balanced representation of employees and users of the institution, of persons practising within the institution and, if applicable, of persons who, under a service contract, provide services to the institution’s users on behalf of the institution.

In addition, the institution’s most senior officer or the person designated by the officer is a committee member by virtue of office.

2023, c. 34, s. 348.

Not in force

349. Despite subparagraph 3 of the first paragraph of section 346, a private institution providing long-term lodging in facilities in more than one health region may choose to set up one users’ committee for each region or a single users’ committee for two or more regions.

2023, c. 34, s. 349.

Not in force

350. Every private institution must adopt a code of ethics which sets out

(1)  the rights of users;

(2)  the practices and conduct expected of persons who, within the institution, engage in activities in respect of users; and

(3)  the rules governing the use of the information referred to in section 378.

The institution must give a reproduction of the code of ethics to every user it lodges or who requests it.

2023, c. 34, s. 350.

Not in force

351. A private institution must appoint a person responsible for the quality of services.

The person responsible must, in particular, supervise and monitor the quality of clinical services offered to users and see that abnormal situations are detected in a timely manner. The person responsible must have the authority to diligently remedy such a situation or have free access to the person having such authority.

2023, c. 34, s. 351.

Not in force

352. A private institution operating a hospital centre, a residential and long-term care centre or a rehabilitation centre must appoint a director of nursing care, who must be a nurse.

Santé Québec may exempt a private institution from the obligation to appoint a director of nursing care if the number of beds the institution has in its facilities to lodge users does not warrant the appointment of such a director.

Santé Québec may also exempt a private institution operating a rehabilitation centre from that obligation if the nature of the services it provides does not warrant the appointment of such a director.

2023, c. 34, s. 352.

Not in force

353. Under the immediate authority of the private institution’s most senior officer, the director of nursing care exercises the following functions:

(1)  supervising and monitoring the quality of nursing care provided in the institution;

(2)  ensuring that rules governing nursing care which take into account the necessity of providing adequate and efficient services to the users as well as the organization and resources available to the institution are drawn up;

(3)  ensuring appropriate distribution of nursing care in the institution;

(4)  planning, coordinating and evaluating nursing care in relation to the needs of the institution;

(5)  managing the human, material and financial resources under the director’s direction;

(6)  where applicable, keeping and updating a register of the nurses authorized to engage in the activities referred to in section 36.1 of the Nurses Act (chapter I-8); and

(7)  exercising any other function conferred by the institution’s most senior officer.

2023, c. 34, s. 353.

Not in force

354. The director of nursing care may, for disciplinary reasons or on grounds of incompetence, limit or suspend a nurse’s right to engage in the activities referred to in section 36.1 of the Nurses Act (chapter I-8) in the centre.

The Ordre des infirmières et infirmiers du Québec must be informed of any measure taken under this section.

2023, c. 34, s. 354.

Not in force

355. If a private institution avails itself of the exemption to appoint a director of nursing care provided for in the second paragraph of section 352, it must appoint a person responsible for nursing care, who must be a nurse.

2023, c. 34, s. 355.

Not in force

356. If a director of nursing care or a person responsible for nursing care is appointed for a private institution, they may also exercise the functions of the person responsible for the quality of services provided for in section 351.

2023, c. 34, s. 356.

Not in force

DIVISION II SUPPLY OF SERVICES

2023, c. 34, Div. II.

Not in force

357. A private institution determines its range of health services or social services in accordance with the authorization granted by Santé Québec for the operation of the institution.

The institution also determines parameters for the health services or social services it provides and submits such parameters to the approval of Santé Québec.

2023, c. 34, s. 357.

Not in force

358. Santé Québec may, if it considers that it is in the public interest, require that a private institution carry on the activities necessary for the provision of any services it determines, that it cease carrying on certain activities or that it amend its supply of services in any other manner. Before making such a decision, it must give the holder of the authorization the opportunity to submit observations.

The authorization holder must, within six months after the date of issue of the document attesting the authorization modified by Santé Québec and despite any inconsistent provision, take the necessary measures to carry out the modifications required as a consequence of Santé Québec’s decision.

2023, c. 34, s. 358.

Not in force

DIVISION III VERIFICATION OF THE JUDICIAL RECORDS OF HUMAN RESOURCES

2023, c. 34, Div. III.

Not in force

359. A private institution must ensure that any person, including a professional, trainee or volunteer, who engages in an activity determined by regulation of Santé Québec in one of the institution’s facilities is the subject, in accordance with this division, of a verification of judicial record entries related to the aptitudes required and appropriate conduct for engaging in such an activity.

A judicial record entry related to the aptitudes required and appropriate conduct for engaging in a determined activity within an institution is

(1)  a finding of guilt, pronounced within a number of years that is less than the number of years prescribed by the regulation made under the first paragraph, for an offence under the regulation, unless a pardon has been obtained, or a proceeding still pending for such an offence; or

(2)  a finding of guilt for a criminal offence other than an offence referred to in subparagraph 1 which is related to those aptitudes and that conduct, unless a pardon has been obtained, or a proceeding still pending for such an offence.

The regulation provided for in the first paragraph may prescribe the intervals at which an institution must ensure that a person is the subject of the verification provided for in that paragraph.

2023, c. 34, s. 359.

Not in force

360. A request by a private institution for verification of a judicial record is to be made to a police force in Québec.

The institution must, for that purpose, obtain the consent of the person who is the subject of the verification for

(1)  the verification of their judicial record and the communication to any police force of the information necessary for the verification; and

(2)  the sending by the police force to the institution of any document provided for in the first paragraph of section 361.

A reproduction of the consent must be submitted with the request to the police force.

2023, c. 34, s. 360.

Not in force

361. A police force that conducts a verification is required to issue one of the following documents to the institution that requested it, as applicable:

(1)  a document certifying that databases available to them do not contain information that establishes that the person has a judicial record, including any proceedings still pending; this document is called a “certificate of no judicial record” ; or

(2)  a list of all of the entries on the person’s judicial record, including any proceedings still pending; the list is called a “judicial record list”.

The Government prescribes, by regulation, the form of those documents and the fees payable for their issue. No private institution may have those costs paid, even indirectly, by a member of its personnel or by a person who wishes to become a member of its personnel.

The institution must send to the person who is the subject of the verification a copy of the document that was issued to it.

The certificate of no judicial record issued under subparagraph 1 of the first paragraph is valid for a period of three years.

2023, c. 34, s. 361.

Not in force

362. No person who has received a list of their judicial record entries that includes an entry referred to in subparagraph 1 of the second paragraph of section 359 may engage in the determined activities in a facility maintained by a private institution.

2023, c. 34, s. 362.

Not in force

363. A person who has received a list of their judicial record entries that does not include any entry referred to in subparagraph 1 of the second paragraph of section 359 must, if they wish to continue or begin engaging in a determined activity in a facility maintained by a private institution, request the institution to decide whether the entries on the list are related to the aptitudes required and appropriate conduct for engaging in such an activity.

2023, c. 34, s. 363.

Not in force

364. A person who submits a request under section 363 may, for that purpose, submit observations to the institution.

2023, c. 34, s. 364.

Not in force

365. The institution that must decide whether judicial record entries are related to the aptitudes required and appropriate conduct for engaging in an activity must send the judicial record list to Santé Québec if the person who is the subject of the verification is the institution’s most senior officer, a candidate for that office or a person related to the natural person responsible for making the decision within the institution. The decision is then made by Santé Québec.

For the purposes of the first paragraph, a person is related to another person if that other person is

(1)  the person’s spouse or child, the child of the person’s spouse, the person’s father, mother or parent, uncle or aunt, or brother or sister, or their spouses;

(2)  the person’s partner or the partnership in which the person is a partner;

(3)  a legal person controlled by the person or by a person referred to in subparagraph 1;

(4)  a legal person in which the person holds, directly or indirectly, 10% or more of all voting rights attached to the shares issued by that legal person or 10% or more of all such shares;

(5)  a legal person of which the person is a director or officer; or

(6)  a person, other than a financial institution or Santé Québec, who directly or indirectly grants the person a security, a loan or any other economic benefit in relation to the constitution of the private institution or the funding of its activities.

2023, c. 34, s. 365.

Not in force

366. If an institution or, as applicable, Santé Québec decides that a person’s judicial record entries are related to the aptitudes required and appropriate conduct for engaging in a determined activity in one of its facilities, it issues the person a notice to that effect. The decider must first allow the person to submit observations.

Otherwise, it issues to the person a certificate of no judicial record attesting that the person has no judicial record related to the aptitudes required and appropriate conduct for engaging in such an activity. The certificate is valid for a period of three years.

Santé Québec also sends the institution a copy of the notice or certificate issued to the person who is the subject of the verification.

The institution keeps any notice or certificate it issues or receives.

The Government prescribes, by regulation, the form and content of the certificate.

2023, c. 34, s. 366.

Not in force

367. No person to whom a notice of the presence of judicial record entries has been issued may engage in the determined activities referred to in section 359 in a facility maintained by a private institution.

2023, c. 34, s. 367.

Not in force

368. Any person referred to in section 359 must inform the private institution in which that person engages in an activity of any change in their judicial record.

2023, c. 34, s. 368.

Not in force

369. An institution is not required to ensure that a person referred to in section 359 is the subject of the verification provided for in that section if the person

(1)  holds a valid certificate of no judicial record issued under subparagraph 1 of the first paragraph of section 361 or the second paragraph of section 366 attesting that they do not have any judicial record entries related to aptitudes required and appropriate conduct for engaging in the activity they are engaging in or intend to engage in within the institution; and

(2)  provides an affidavit attesting that they have not been accused or convicted, since the certificate was issued, of an offence referred to in the second paragraph of section 359.

2023, c. 34, s. 369.

Not in force

370. Santé Québec prepares a judicial record verification guide for private institutions and ensures its dissemination.

2023, c. 34, s. 370.

Not in force

371. Santé Québec may, by regulation, prescribe any terms it considers necessary for the application of the judicial record verification provided for in this division to persons who have been residing in Canada for less than a year and to persons having resided outside Canada for the period provided for in the regulation.

2023, c. 34, s. 371.

Not in force

DIVISION IV CONTRIBUTIONS, FOUNDATIONS AND INSURANCE

2023, c. 34, Div. IV.

Not in force

372. Any private institution may receive gifts, legacies, subsidies or other voluntary contributions from any person or any public or private body wishing to assist in the carrying out of the institution’s mission.

Where the institution receives a contribution allocated by its contributor for special purposes, or to provide the institution with capital that must be preserved and of which only the income may be used, it must deposit or invest the contribution in accordance with the provisions of the Civil Code respecting investments presumed sound, until it disposes of the contribution in accordance with its allocation.

2023, c. 34, s. 372.

Not in force

373. A private institution may, with the prior authorization of Santé Québec, entrust the administration of the contributions it receives to a foundation of the institution provided that the foundation meets the conditions set out in section 120, with the necessary modifications, that it is established in accordance with the statutes of Québec and that nothing in its constituting act prevents it from administering such funds.

The foundation acts as an administrator of the property of others entrusted with full administration, unless the institution entrusts the foundation with simple administration only.

In cases of dissolution of the foundation of the institution, the funds which have not yet been used for the special purposes stipulated, together with the accrued income and interest derived from the investment of the funds, must be returned to the institution and administered in the manner prescribed in the second paragraph of section 372.

2023, c. 34, s. 373.

Not in force

374. A private institution that is not represented by the health and social services network insurance manager referred to in the first paragraph of section 788 for its damage insurance needs must enter into a damage insurance contract with regard to acts for which it may be held liable.

2023, c. 34, s. 374.

Not in force

DIVISION V USERS’ RECORDS

2023, c. 34, Div. V.

Not in force

375. A private institution must establish and keep a record for each user who receives health services or social services from it, subject to the regulation made under subparagraph 1 of the second paragraph of section 77.

2023, c. 34, s. 375.

Not in force

DIVISION VI ASSESSMENT AND REPORTING

2023, c. 34, Div. VI.

Not in force

376. A private institution must send a report on its activities to Santé Québec, according to the form and content and at the intervals determined by regulation of Santé Québec.

2023, c. 34, s. 376.

Not in force

377. Every two years, a private institution must, using the form prescribed by Santé Québec, provide a statement to Santé Québec attesting that the institution’s facilities and their capacity are the same as those specified in the authorization.

2023, c. 34, s. 377.

Not in force

378. Every private institution must, at the request of Santé Québec, take part in the assessment of the overall performance of the health and social services system; it must comply with the directives Santé Québec gives it for that purpose.

An institution may use the name, address, telephone number and other contact information for reaching a user that are contained in the user’s record to carry out surveys to ascertain user expectations and satisfaction with respect to the quality of the services offered by the institution.

A user may at any time request that the institution no longer use the information concerning the user for such a purpose.

2023, c. 34, s. 378.

Not in force

TITLE II PROVISION OF HEALTH SERVICES AND SOCIAL SERVICES

2023, c. 34, Tit. II.

Not in force

CHAPTER I PROVISIONS APPLICABLE TO PUBLIC AND PRIVATE INSTITUTIONS

2023, c. 34, c. I.

Not in force

379. The function of an institution is to ensure the provision of safe, continuous and accessible quality health services or social services which respect the rights and spiritual needs of individuals and which aim at preventing or solving health and well-being problems and responding to the needs of the various population groups.

2023, c. 34, s. 379.

Not in force

380. An institution must follow recognized practices in the following matters:

(1)  governance and means suitable for ensuring the quality of services, in particular with regard to their safety, pertinence and effectiveness; and

(2)  governance and means suitable for preventing and controlling infections associated with its provision of services.

2023, c. 34, s. 380.

Not in force

381. It is incumbent on the most senior officer of an institution to see to it that the recognized practices in the matters referred to in paragraph 2 of section 380 are followed.

To that end, that officer must entrust to certain persons forming part of the personnel and to certain other persons carrying on their activities within the institution, or to a committee composed of such persons, the responsibilities for seeing to the implementation of those practices, to compliance with the measures for preventing and controlling infections associated with the provision of services, and to the detection of situations contrary to them.

2023, c. 34, s. 381.

Not in force

382. The public institution must ensure that a physician can, in a timely manner, advise, regarding infection prevention and control, the institution’s most senior officer, the persons or committee that have been entrusted with the responsibilities referred to in the second paragraph of section 381, and the institution’s professional councils and other entities that so request.

The holder of the authorization for the operation of a private institution and the territorial institution established for the health region where the institution is operated must, by an agreement entered into under section 518, agree on the terms according to which the territorial institution offers the services of a physician to advise, regarding infection prevention and control, the authorization holder’s most senior officer and the persons or committee that have been entrusted with the responsibilities referred to in the second paragraph of section 381. The territorial institution offers those services taking into account the resources at its disposal and the priorities and needs of the region.

The physician referred to in the first and second paragraphs also exercises, within the institution, any other function relating to infection prevention and control that may be prescribed in the regulation made under section 75.

2023, c. 34, s. 382.

Not in force

383. An institution must

(1)  receive and assess the needs of any person requiring health services or social services;

(2)  treat users with courtesy, fairness and understanding, with respect for their dignity, autonomy, needs and safety;

(3)  directly provide the physical, mental and psychosocial health services or social services required in keeping with the objectives set out in section 2 or, in accordance with this Act, have them provided on its behalf by a person or group with which it has entered into an agreement under section 518 or 528;

(4)  see that its services are provided in continuity and complementarity with those provided by the other persons and groups, and that such services are organized in a way that reflects the needs of the population it serves; and

(5)  direct persons to whom it is unable to provide certain services to a person or group that provides them.

2023, c. 34, s. 383.

Not in force

384. No health services and social services supplied by an institution or on its behalf may be provided from a distance, except in the cases and on the conditions that Santé Québec determines by regulation.

2023, c. 34, s. 384.

Not in force

385. An institution operating a local community service centre ensures that persons who require local community services of a preventive or curative nature, or local community rehabilitation or reintegration services, for themselves or for their families are contacted, that their needs are assessed and that the required services are offered to them within its facilities or in their living environment, at school, in the workplace or at home or, if necessary, ensures that they are referred to the centres, bodies or persons best suited to assist them.

2023, c. 34, s. 385.

Not in force

386. Santé Québec determines, by regulation, the conditions and procedure of registration, enrolment, admission, transfer, discharge or absence for the users.

The regulation may prescribe the information to be required from a user, in particular at the time of the user’s enrolment or admission in or to a centre operated by an institution.

2023, c. 34, s. 386.

Not in force

387. The most senior officer of an institution which has set up a clinical department of emergency medicine must see that the following standards are drawn up and submitted for approval to the board of directors of Santé Québec:

(1)  adequate operating standards for its emergency service; and

(2)  standards which are consistent with an adequate distribution of emergency cases for the use and allocation of beds.

After consultation with the territorial departments concerned, the board of directors of Santé Québec approves the standards drawn up under the first paragraph where it considers them appropriate for distributing emergency cases and ensuring a prompt and adequate response to the needs of the users.

The board of directors of Santé Québec may establish the standards described in the first paragraph where the institution fails to draw them up or submit them to the board.

2023, c. 34, s. 387.

Not in force

388. An institution must comply with the standards approved or established under section 387.

2023, c. 34, s. 388.

Not in force

389. An institution must develop for users of a class determined by regulation of Santé Québec, to the extent prescribed therein, an intervention plan in order to identify the users’ needs, the objectives pursued, the means to be used and the estimated period during which services are to be provided to them. The intervention plan must ensure coordination of the services provided to the user by the various resource persons of the institution that are involved.

2023, c. 34, s. 389.

Not in force

390. Where a user of a class determined by regulation of Santé Québec is to receive over an extended period health services or social services which require, in addition to the participation of an institution, that of other resource persons, the institution which provides the greater part of the services involved or the resource person designated jointly by the resource persons concerned must, as soon as possible, develop an individualized service plan for the user.

2023, c. 34, s. 390.

Not in force

391. Each of the plans referred to in sections 389 and 390, respectively, must be developed with the participation of the user, as provided in section 13.

The plans must contain a timetable for assessment and review. They may, however, be modified at any time to take account of new circumstances.

Furthermore, the plans must, where applicable, mention the objectives and means aimed at fostering the cultural continuity of an Indigenous child who is entrusted to an alternative living environment under the Youth Protection Act (chapter P-34.1).

2023, c. 34, s. 391.

Not in force

392. Any personnel member assigned to performing tasks within an institution, any person practising in a centre operated by an institution, any person undergoing training or any person who, under a service contract, provides services to users of an institution on behalf of the institution must, as soon as possible after becoming aware of any incident or accident, report it to the most senior officer of the institution or to a person the officer designates.

Such incidents or accidents must be reported using the form provided for such purposes. The form must be filed in the user’s record.

2023, c. 34, s. 392.

Not in force

393. Force, isolation, mechanical means or chemicals may be used as a measure to control a person in a facility maintained by an institution only to prevent the person from inflicting harm upon themselves or others. The use of such a measure must be minimal, resorted to only exceptionally and must be adapted to the person’s physical and mental state.

Any measure referred to in the first paragraph applied in respect of a person must be noted in detail in the person’s record. In particular, a description of the means used, the time during which they were used and a description of the behaviour which gave rise to the application or continued application of the measure must be recorded.

Every institution must adopt a procedure for the application of such measures in keeping with the orientations determined by the Minister, make the procedure known to the users of the institution and evaluate the application of such measures annually.

2023, c. 34, s. 393.

Not in force

394. Any institution referred to in section 6 or 9 of the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001) must adopt a procedure to regulate the confinement of persons in its facilities. The procedure must be in keeping with the orientations determined by the Minister and be made known to personnel assigned to performing tasks within the institution and the persons practising in a centre it operates as well as the users concerned and their significant family members.

The procedure must, among other things, provide that the following be entered or filed in the confined user’s record:

(1)  the duration, including the start and end dates, of the confinement, as well as the time in the case of preventive or temporary confinement;

(2)  a description of the danger that warrants placing and keeping the user under confinement;

(3)  a reproduction of the psychiatric examination reports, of the applications for confinement in the facilities of the institution presented to the court by Santé Québec, if it is a public institution, or by a private institution and of any judgment ordering confinement;

(4)  if a psychiatric assessment was carried out without a temporary confinement order, a note attesting that the user’s consent to the assessment was obtained; and

(5)  the date on which the information required under section 15 of the Act respecting the protection of persons whose mental state presents a danger to themselves or to others was transmitted to the user.

The most senior officer of the institution must report at least once every three months on the implementation of the procedure, indicating, for the period concerned, the number of preventive or temporary confinements, the number of confinements authorized under article 30 of the Civil Code and the number of applications for confinement in the facilities of the institution presented to the court by Santé Québec, if it is a public institution, or by the private institution. If it is a public institution, the report must be sent to the board of directors of Santé Québec. A summary of the reports submitted must be included in a separate section of Santé Québec’s annual management report referred to in section 127. If it is a private institution, the report must be sent to its board of directors or, if the institution is not a legal person, to the holder of the authorization and the institution must include a summary of such reports obtained in the activity report it sends Santé Québec under section 376.

2023, c. 34, s. 394.

Not in force

395. Subject to sections 396 to 400, an institution may provide only medications in respect of which a notice of compliance has been issued by the federal government for the therapeutic indications recognized by the Institut national d’excellence en santé et en services sociaux that appear on the list drawn up by the Minister for that purpose.

2023, c. 34, s. 395.

Not in force

396. For purposes of a specific medical necessity, an institution may provide medications not appearing on the list referred to in section 395 and medications appearing on the list but that are used for therapeutic indications not set out in the list, provided that the intended therapeutic indication for a particular user appears in the notice of compliance issued by the federal government.

Similarly, the institution may provide, for exceptional treatment purposes, medications other than those appearing on the list and which have obtained the notice of compliance issued by the federal government for a therapeutic indication other than the intended therapeutic indication for the user or in respect of which no notice of compliance has been issued by the federal government.

For the purposes of the first paragraph, “specific medical necessity” means a demonstrated need which, given the user’s particular condition, cannot be fulfilled by any of the therapeutic indications of the medications recorded on the list referred to in section 395.

For the purposes of the second paragraph, “exceptional treatment” means a medication that is required because of an exceptional demonstrated need that, given the seriousness of the user’s particular condition, cannot be fulfilled by any of the therapeutic indications of the medications for which a notice of compliance has been issued by the federal government.

2023, c. 34, s. 396.

Not in force

397. A professional authorized to prescribe medications must, to use a medication which may be provided subject to the conditions set out in section 396, obtain a written authorization from the institution’s pharmacology committee. The committee may not grant its authorization if the Institut national d’excellence en santé et en services sociaux has, in a notice to the Minister, refused to recognize the therapeutic value of the medication for the therapeutic indication for which the application for authorization is made.

The professional must set out in writing both the medication’s favourable efficacy potential and the other reasons for the application. The professional must submit the scientific data in support of the application showing that the medication the professional wishes to use will effectively meet the user’s particular needs.

The pharmacology committee renders a decision in writing, with reasons.

2023, c. 34, s. 397.

Not in force

398. Despite the first paragraph of section 397, the committee may grant an authorization if the user’s particular condition is such that the taking of the medication cannot be delayed without the risk of entailing, in the short term, complications that could lead to an irreversible deterioration of the user’s condition.

In such a case, the professional must, in the reasons set out in accordance with the second paragraph of section 397, attest that the user’s particular condition is the one referred to in the first paragraph and demonstrate that the medication is essential with regard to the therapeutic indication for which the application is made, including by showing that no other option known to the professional could prevent the risk referred to in the first paragraph.

For the purposes of this section, “irreversible deterioration” means rapid or slow deterioration that is impossible to remedy. In addition, the moment of deterioration of the user’s condition is to be evaluated in particular by considering the pace at which the user’s condition is likely to deteriorate, and the time within which it is foreseeable that new data enabling a reassessment of the medication’s therapeutic value by the Institut d’excellence en santé et en services sociaux or new treatments may be available.

2023, c. 34, s. 398.

Not in force

399. The anonymized decision of a pharmacology committee that grants an authorization referred to in section 398 is sent to the Institut national d’excellence en santé et en services sociaux for the purposes of the register it keeps in accordance with section 9.1 of the Act respecting the Institut national d’excellence en santé et en services sociaux (chapter I-13.03).

2023, c. 34, s. 399.

Not in force

400. In case of emergency, a professional authorized to prescribe medications may use a medication which may be provided subject to the conditions set out in section 396 before obtaining the written authorization provided for in section 397.

In such a case, the professional must, as soon as possible, inform the pharmacology committee and justify, before the committee, both the urgency of using the medication and the decision to use it, based, among other things, on the scientific data referred to by the professional.

The committee may then order that the use of the medication be continued or stopped, or it may set conditions for such use.

2023, c. 34, s. 400.

Not in force

401. The list referred to in section 395 is updated periodically by the Minister after consideration of the recommendations of the Institut national d’excellence en santé et en services sociaux.

The Régie de l’assurance maladie du Québec must publish the list and each of its updated versions.

Any corrections made by the Régie de l’assurance maladie du Québec under section 60.2 of the Act respecting prescription drug insurance (chapter A-29.01) apply, where applicable, under the same conditions and in the same manner, to the list referred to in section 395 of this Act.

2023, c. 34, s. 401.

Not in force

402. The list referred to in section 395 and its updated versions come into force on the date of their publication on the website of the Régie de l’assurance maladie du Québec or on any later date specified in the accompanying notice from the Minister.

The publication imparts authentic value to the list or its updated versions and to the Minister’s notice.

2023, c. 34, s. 402.

Not in force

403. The Minister may, before entering a medication on the list referred to in section 395, make a listing agreement with the manufacturer of the medication, provided the contract for the supply of that medication is not subject, under the Act respecting contracting by public bodies (chapter C-65.1), to a public call for tenders.

The purpose of such an agreement is to provide for the payment of sums by the manufacturer to the Minister in particular by means of a rebate or discount which may vary according to the volume of sales of the medication.

The price of the medication specified in the supply contract does not take into account the sums paid under the listing agreement.

2023, c. 34, s. 403.

Not in force

404. For the purpose of making a listing agreement, the Minister may temporarily exclude a medication from the application of section 396.

The exclusion does not apply to a person to whom the medication was provided before the date of publication of the notice of exclusion or in the cases prescribed by the regulation made under the sixth paragraph of section 60 of the Act respecting prescription drug insurance (chapter A-29.01).

The notice of a medication’s exclusion is published on the website of the Régie de l’assurance maladie du Québec and comes into force on the date of its publication or on any later date specified in the notice. A notice of the end date of the exclusion is also published on the website. Publication on the Régie’s website imparts authentic value to such notices.

2023, c. 34, s. 404.

Not in force

405. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no one has a right of access to a listing agreement.

Only the following information is to be published in the annual report on the activities of the department required under section 12 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2):

(1)  the name of the manufacturer of medications;

(2)  the name of the medication; and

(3)  the annual total sum received under listing agreements, but only in the cases where at least three agreements made with different manufacturers of medications are in force in the fiscal year.

2023, c. 34, s. 405.

Not in force

406. The Minister designates from among the institutions recognized under section 29.1 of the Charter of the French language (chapter C-11) those which are required to make health services and social services accessible in the English language to English-speaking persons.

If an institution is deemed to have obtained such recognition with respect to some of its facilities, the Minister may designate from among the facilities those which are required to make health services and social services accessible in the English language to English-speaking persons.

2023, c. 34, s. 406.

Not in force

CHAPTER II PROVISIONS APPLICABLE TO PUBLIC INSTITUTIONS

2023, c. 34, c. II.

Not in force

DIVISION I GENERAL PROVISIONS

2023, c. 34, Div. I.

Not in force

407. Santé Québec may not offer new services which would require professional resources or highly specialized equipment determined by the Minister, or acquire highly specialized equipment determined by the Minister, before obtaining the Minister’s authorization in writing.

2023, c. 34, s. 407.

Not in force

408. A public institution facilitates, taking resources into account, accessibility to health services and social services, in their own language, for members of the various ethnocultural communities of Québec as well as for Indigenous persons, when the situation so requires.

2023, c. 34, s. 408.

Not in force

DIVISION II RESPONSIBILITIES OF TERRITORIAL INSTITUTIONS

2023, c. 34, Div. II.

Not in force

409. A territorial institution established in a health region is responsible for the local health and social services network territories in that region.

Where the board of directors of Santé Québec establishes more than one territorial institution in a single health region, the board determines the local health and social services networks for which each institution is responsible.

2023, c. 34, s. 409.

Not in force

410. A territorial institution must inform the users in its territory of the health services and social services that are offered to them and of their rights, remedies and obligations in that respect.

It must also promote the population’s participation in the improvement of health services and social services.

2023, c. 34, s. 410.

Not in force

411. The president and executive director of a territorial institution must, for each territory for which the territorial institution is responsible, network the other public institutions and the other persons or groups in a position to provide services to the population of that territory to ensure, collectively, continuous access to a broad range of general, specialized and superspecialized health services and social services aimed at satisfying the social and health needs and distinctive characteristics of that population.

The persons and groups forming such a network comprise

(1)  private institutions;

(2)  various groups of professionals;

(3)  community organizations;

(4)  social economy enterprises;

(5)  private providers; and

(6)  service providers in the other sectors of activity that have an impact on health services and social services.

2023, c. 34, s. 411.

Not in force

412. The president and executive director of a territorial institution must ensure the supply of services required given the social and health needs and the distinctive characteristics of the population of each territory for which the territorial institution is responsible. To that end, the president and executive director

(1)  defines and establishes mechanisms for the reception, referral and follow-up of users;

(2)  introduces mechanisms or enters into agreements with the service providers forming the network;

(3)  takes in charge, accompanies and supports persons, especially those with particular and more complex needs, in order to provide, within the network, the continuity of service required by their state of health; and

(4)  together with the territorial departments of family medicine and specialized medicine, creates conditions that foster accessibility to general and specialized medical services and their continuity and networking, focusing in particular on accessibility

(a)  to technical diagnostic facilities for all physicians;

(b)  to clinical information, including the results of diagnostic tests such as laboratory tests and medical imaging, drug profiles and record summaries; and

(c)  to specialists by family physicians with a view to the hierarchization of services.

2023, c. 34, s. 412.

Not in force

413. In order to act on health and well-being determinants and to improve the health and social services offered, the president and executive director of a territorial institution draws up and submits to the president and chief executive officer a plan concerning the mechanisms enabling the consultation and mobilization of service providers in the institution’s territory from the sectors of activity having an impact on health services and social services and of other members of the population in its territory.

In drawing up the plan, the president and executive director must consult the institution board of directors.

The president and chief executive officer may approve the plan submitted, with or without amendment.

The plan so approved must be reviewed each time the president and chief executive officer so requests.

2023, c. 34, s. 413.

Not in force

414. The president and executive director of a territorial institution must make public a report on the implementation of the plan referred to in section 413, according to the form and content and at the intervals determined by the president and chief executive officer.

2023, c. 34, s. 414.

Not in force

CHAPTER III ENGLISH LANGUAGE AND ETHNOCULTURAL COMMUNITIES

2023, c. 34, c. III.

Not in force

415. Santé Québec develops a program of access to English-language health services and social services for the English-speaking population it serves.

The program must identify the services offered by institutions that are accessible in the English language for those persons.

Santé Québec may, with the consent of a private institution, specify in the access program the services that may be provided in the English language to its users by the institution under an agreement.

The program must be approved by the Government and revised at least once every five years.

2023, c. 34, s. 415.

Not in force

416. A national committee, whose formation is provided for by regulation of the Government, is responsible for giving its opinion to the Government on

(1)  the provision of health services and social services in the English language; and

(2)  the approval, evaluation and modification by the Government of the access program developed by Santé Québec in accordance with section 415.

The regulation must provide for the composition of the committee, its rules of operation and internal management, the rules governing the administration of its affairs and its functions, duties and powers.

2023, c. 34, s. 416.

Not in force

417. Regional committees, whose formation is provided for by regulation of Santé Québec, are established within Santé Québec and responsible for

(1)  giving their opinion to Santé Québec concerning the access program developed by Santé Québec in accordance with section 415; and

(2)  evaluating the access program and suggesting modifications to it where expedient.

Subject to section 418, Santé Québec determines, by regulation, the composition of the regional committees, their process for an invitation for applications, their rules of operation and internal management, the rules governing the administration of their affairs, and their functions, duties and powers.

2023, c. 34, s. 417.

Not in force

418. A regional committee is composed of not fewer than 7 nor more than 11 members who are representative of the health region’s English-speaking population.

Santé Québec’s board of directors selects the committee members from among the candidates included in the lists drawn up by organizations that promote the interests of English-speaking persons and are identified by the national committee formed in accordance with section 416.

Despite subparagraph 1 of the second paragraph of section 51, if there is more than one public institution in the health region, Santé Québec may delegate the powers referred to in the second paragraph to a member of its personnel assigned to performing tasks within a territorial institution or to the institution board of directors of that institution.

2023, c. 34, s. 418.

Not in force

419. A public institution must, jointly with the bodies representing the ethnocultural communities and the other institutions of its region, facilitate accessibility to health and social services in a manner which is respectful of the characteristics of those ethnocultural communities.

2023, c. 34, s. 419.

Not in force

420. A national committee, whose formation is provided for by regulation of the Minister, is responsible for giving an opinion to the Minister on the provision of health services and social services to persons from ethnocultural communities.

The regulation must provide for the composition of the committee, its rules of operation and internal management, the rules governing the administration of its affairs, and its functions, duties and powers.

2023, c. 34, s. 420.

Not in force

TITLE III RESEARCH AND UNIVERSITY AFFAIRS

2023, c. 34, Tit. III.

Not in force

CHAPTER I GENERAL PROVISION

2023, c. 34, c. I.

Not in force

421. Santé Québec must promote and foster teaching, research and innovation, the use of leading-edge practices and the transfer of knowledge.

It must ensure compliance with the teaching and research mission of the institutions designated under sections 426 and 427.

2023, c. 34, s. 421.

Not in force

CHAPTER II CONTRACTS OF AFFILIATION AND OTHER CONTRACTS RELATED TO EDUCATION, PROBATIONARY PERIODS, TRAINING OR RESEARCH

2023, c. 34, c. II.

Not in force

422. The president and executive director of an institution of Santé Québec may, if authorized by the board of directors of Santé Québec and by the Minister, on behalf of Santé Québec enter into a contract of affiliation with a university for the purpose of offering teaching or research services within a centre operated by the institution.

The president and executive director of such an institution may also, on behalf of Santé Québec, enter into a contract for the purpose of participating in university training or research programs. Such a contract must be submitted to the president and chief executive officer and to the Minister or the persons they may respectively designate.

The president and executive director of such an institution may also enter into a contract with any educational institution, other than a university, recognized by the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology for the purpose of securing facilities to which students in the field of health and social services may go for probationary periods or professional training. The contract must be transmitted to the president and chief executive officer or to the person the latter designates.

The president and executive director of such an institution may amend or terminate a contract of affiliation with the authorizations specified in the first paragraph.

2023, c. 34, s. 422.

Not in force

423. Section 422 applies to the entering into of a contract covered by that section by a grouped or private institution, with the necessary modifications.

The institution enters into the contract in its own name. A private institution is not required to be authorized to enter into the contract by the board of directors of Santé Québec or to submit or transmit the contract to the president and chief executive officer or to the person the latter designates.

2023, c. 34, s. 423.

Not in force

424. The terms and conditions of the contracts provided for in section 422 must be consistent with the principles and general rules established by the Minister in cooperation with the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology, as applicable.

2023, c. 34, s. 424.

Not in force

425. The most senior officer of an institution affiliated with a university assigns the status of medical resident to a person holding a doctoral degree in medicine who is undergoing a post-doctoral training program at a centre operated by the institution.

2023, c. 34, s. 425.

Not in force

CHAPTER III DESIGNATION OF INSTITUTIONS

2023, c. 34, c. III.

Not in force

426. The Minister may, after consulting the Minister of Economy and Innovation and the Minister of Higher Education, Research, Science and Technology, designate as a “university hospital centre” or as an “affiliated university centre” an institution operating a hospital centre and which meets the following conditions:

(1)  it offers, in addition to hospital services, specialized or highly specialized services in two or more medical disciplines as part of an integrated vision of health and social services;

(2)  it participates in the education provided to students, professionals and other resource persons in the field of health and social services;

(3)  it evaluates the technologies and methods of intervention related to its advanced sectors;

(4)  it contributes to the development of innovations and of advanced practices;

(5)  it manages a research centre or structure recognized by the Québec Research Fund–Health established by the Act respecting the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie (chapter M-15.1.0.1); and

(6)  it contributes to the transfer and valorization of knowledge.

Designation as a university hospital centre may be granted where the level of the activities carried on by the institution that enables it to meet the conditions set out in the first paragraph is higher than that of an institution designated as an affiliated university centre.

2023, c. 34, s. 426.

Not in force

427. The Minister may, after consulting the Minister of Economy and Innovation and the Minister of Higher Education, Research, Science and Technology, designate as a “university institute” any institution which meets the following conditions:

(1)  it provides, in addition to the other activities it is empowered to carry on, advanced services in a field of intervention within the health or social sector or in an interdisciplinary field of intervention related to health and social services;

(2)  it participates in the education provided to students, professionals and other resource persons in the field of health and social services;

(3)  it manages a research centre or structure recognized, as applicable,

(a)  by the Québec Research Fund–Health for a designation in a field of intervention within the health sector;

(b)  by the Québec Research Fund–Society and Culture for a designation in a field of intervention within the social sector; and

(c)  by the Québec Research Fund–Health in collaboration with the Québec Research Fund–Society and Culture or the Québec Research Fund–Nature and Technology for a designation in an interdisciplinary field of intervention related to health and social services;

(4)  it evaluates technologies and methods of intervention related to its advanced sector;

(5)  it contributes to the development of innovations and of advanced practices; and

(6)  it contributes to the transfer and valorization of knowledge.

An institution may have more than one designation as a university institute.

2023, c. 34, s. 427.

Not in force

CHAPTER IV SPECIAL RULES FOR DESIGNATED INSTITUTIONS

2023, c. 34, c. IV.

Not in force

428. The premises where the specialized, highly specialized or advanced services for which an institution obtained a designation under section 426 or 427 are offered must remain in the same centre where the services were offered when the designation was made. Those premises may be moved to another centre only if the Minister authorizes the move.

The same applies to the premises where, in a centre, teaching activities for which the centre was designated are carried on.

2023, c. 34, s. 428.

Not in force

429. An institution designated as a university institute or a university hospital centre or which manages a research centre recognized by the Québec Research Fund–Health and which, under the terms of its contract of affiliation, takes part in clinical and basic research activities may provide medications, on the conditions and in the circumstances prescribed by this Act and by government regulation.

2023, c. 34, s. 429.

Not in force

CHAPTER V INTEGRATED UNIVERSITY HEALTH AND SOCIAL SERVICES NETWORKS

2023, c. 34, c. V.

Not in force

430. Despite section 6, this chapter applies to the territories referred to in sections 530.1 and 530.89 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and to the territory of the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5).

For the purposes of this chapter, “institution” means, in addition to the institutions governed by this Act, those governed by the Act respecting health services and social services for the Inuit and Naskapi and the Act respecting health services and social services for Cree Native persons.

2023, c. 34, s. 430.

Not in force

431. The Minister, in collaboration with the Minister of Higher Education, Research, Science and Technology, divides the territory of Québec into integrated university health and social services networks.

The mission of an integrated university health and social services network is to support its members in the organization of services and to mobilize them in order to facilitate access to health services and social services.

2023, c. 34, s. 431.

Not in force

432. The members of an integrated university health and social services network are the public institutions that have facilities in the network’s territory and the universities that have a contract of affiliation referred to in the first paragraph of section 422 with one of those institutions.

For each integrated university health and social services network territory, Santé Québec must establish a network connecting the institutions and universities forming part of the integrated network.

2023, c. 34, s. 432.

Not in force

433. The activities of an integrated university health and social services network are directed by a management committee comprising the following members:

(1)  the president and chief executive officer of Santé Québec;

(2)  the most senior officers of the institutions forming part of the network;

(3)  for the university forming part of the network that has a faculty of medicine,

(a)  the dean of that faculty; and

(b)  the dean, or a person holding an equivalent position, of the faculty of social sciences; and

(4)  for any other university forming part of the network, the rector, or a person holding an equivalent position.

Subject to the committee’s by-laws, a member referred to in the first paragraph may designate a person to participate in the member’s place in the committee’s work.

The committee may also invite any person whose participation in its work it considers relevant.

2023, c. 34, s. 433.

Not in force

434. The president and executive director of the institution of Santé Québec forming part of the integrated health and social services network designated as a university hospital centre, except such an institution serving children exclusively, acts as president of the network. A first vice-president is appointed by and from among the deans of the faculties of social sciences of the universities forming part of the network. A second vice-president is appointed by and from among the deans of the faculties of health sciences of the universities forming part of the network. Their term of office is two years and may be renewed.

2023, c. 34, s. 434.

Not in force

435. The president calls the meetings of the management committee, chairs them and ensures that they are conducted properly. The president also sees that the decisions made by the committee are carried out.

2023, c. 34, s. 435.

Not in force

436. The management committee of an integrated university health and social services network may adopt by-laws governing its meetings and the conduct of its affairs.

2023, c. 34, s. 436.

Not in force

437. Each integrated university health and social services network makes proposals on the following subjects to Santé Québec or to the Minister, as applicable:

(1)  the supply of services in the recognized areas of expertise of the institutions forming part of the network in accordance with the hierarchization of services;

(2)  the assistance offered to the universities forming part of the network to extend, in the regions, access to health and social services training;

(3)  the transfer of knowledge between members of the network;

(4)  mobilization regarding research and innovation;

(5)  access to programs fostering the maintenance of qualifications for partners from various professions related to the field of health and social services;

(6)  collaboration with the other integrated university health and social services networks in order to determine the priority spheres of action, decide on the distribution of activities, and ensure the dissemination of results;

(7)  measures for the fluidity, accessibility and continuity of health services and social services;

(8)  the grouping of specialized medical staff to avoid duplication in a territory; and

(9)  any other subject determined by Santé Québec or the Minister.

2023, c. 34, s. 437.

Not in force

438. Each institution designated as a university institute, a university hospital centre or an affiliated university centre forming part of an integrated university health and social services network must

(1)  contribute to the supply of services proposed by the network in the institution’s recognized areas of expertise;

(2)  ensure the supply of general, specialized and superspecialized services and, at the request of Santé Québec’s board of directors, make its contribution to the other institutions in the network’s territory to prevent any interruption of services;

(3)  offer, in accordance with the terms and conditions Santé Québec’s board of directors may determine, general and specialized services to the territorial institutions in the territory of its health region; and

(4)  contribute to advancing the culture of innovation.

2023, c. 34, s. 438.

Not in force

PART IV TERRITORIAL DEPARTMENTS AND OTHER MEASURES FOR ACCESS TO MEDICAL SERVICES

2023, c. 34, Part IV.

Not in force

TITLE I TERRITORIAL DEPARTMENTS OF FAMILY MEDICINE AND SPECIALIZED MEDICINE

2023, c. 34, Tit. I.

Not in force

CHAPTER I GENERAL PROVISIONS

2023, c. 34, c. I.

Not in force

439. Santé Québec forms, for each health region, a territorial department of family medicine and a territorial department of specialized medicine.

If there is more than one public institution in such a region, Santé Québec may form more than one of those departments; it then determines to which of those institutions each department is attached.

A territorial department formed in a region in which there is only one public institution is attached to that institution.

2023, c. 34, s. 439.

Not in force

440. A territorial department is directed by a physician appointed by a parity committee formed under section 441, from among the three physicians elected by the members of the department to the department’s supervisory committee. The parity committee determines the appointed physician’s term of office, which may not exceed four years.

The parity committee may, if it has serious reasons to do so, have the physician directing the territorial department relieved from duty and, after consultation with the supervisory committee, replaced by another physician who is a member of that committee.

The physician appointed under the first paragraph is called “medical director of family medicine” or “medical director of specialized medicine” depending on whether the physician directs the territorial department of family medicine or the territorial department of specialized medicine.

2023, c. 34, s. 440.

Not in force

441. A parity committee is formed for each territorial department.

The committee is composed of three persons designated by Santé Québec and of three physicians chosen by and from among the members of the territorial department.

In addition to the functions provided for in section 440, the parity committee exercises the following functions:

(1)  determining the criteria for appointing the physician directing the territorial department;

(2)  annually assessing the exercise of that physician’s functions within the department; and

(3)  making the recommendations it considers necessary to that physician regarding the exercise of the latter’s functions.

The criteria determined under subparagraph 1 of the third paragraph must ensure, among other things, the appointment of a physician who qualifies as an independent person in the opinion of the parity committee.

Physicians qualify as independent persons if they have no direct or indirect relationships or interests, in particular of a financial, commercial, professional or philanthropic nature, that could interfere with the exercise of their functions.

Physicians are deemed not to be independent persons if they are members of the board of directors of, or are employed by, Santé Québec or a representative organization with which the Minister has entered into an agreement under section 19 of the Health Insurance Act (chapter A-29) or a body affiliated with that organization.

2023, c. 34, s. 441.

Not in force

442. The Santé Québec representative who is a member of the territorial department’s supervisory committee ensures that the department assumes the responsibilities conferred on it by law.

2023, c. 34, s. 442.

Not in force

443. The physician who directs a territorial department is responsible for seeing that the functions entrusted to the department are exercised in full, properly and without delay, within the framework of the powers conferred on Santé Québec and in keeping with the responsibilities of the institutions in the department’s territory.

2023, c. 34, s. 443.

Not in force

444. The functions of a territorial department are exercised by a supervisory committee.

2023, c. 34, s. 444.

Not in force

445. The supervisory committee of a territorial department may adopt by-laws concerning its internal management, the creation and mode of operation of committees or sub-territorial units, and the pursuit of the department’s objectives.

Such by-laws may also prescribe the manner in which all or some of the functions assigned to the supervisory committee may be entrusted to the physician who directs the department. The by-laws come into force after being approved by the Santé Québec representative who is a member of the territorial department’s supervisory committee.

2023, c. 34, s. 445.

Not in force

CHAPTER II SPECIAL PROVISIONS FOR TERRITORIAL DEPARTMENTS OF FAMILY MEDICINE

2023, c. 34, c. II.

Not in force

446. Where, under section 439, Santé Québec forms only one territorial department of family medicine for a health region, the department is composed of all the family physicians who receive remuneration from the Régie de l’assurance maladie du Québec and practise in the region, including those who practise in a private health facility.

Where it forms more than one such department for a single health region, Santé Québec must divide the region’s territory in such a way that every family physician who receives remuneration from the Régie de l’assurance maladie du Québec and practises in the region belongs to only one of the departments.

2023, c. 34, s. 446.

Not in force

447. The territorial department of family medicine develops the organization of family medicine services and submits it to the Santé Québec representative who is a member of the department’s supervisory committee.

The department must specify, for each local health and social services network territory, the services provided in each place of practice and the nature of the existing and expected services in terms of accessibility and of management of the various clienteles; it must also ensure the implementation and application of Santé Québec’s decision concerning the organization of such services.

It makes any recommendation it considers appropriate for achieving the purpose set out in section 411.

2023, c. 34, s. 447.

Not in force

448. The territorial department of family medicine must set objectives for measuring the implementation of the organization of family medicine services it develops. It measures the achievement of the objectives.

It must mobilize the physicians who are members of the department toward the achievement of those objectives.

It must also report to the Santé Québec representative who is a member of the department’s supervisory committee, according to the form and content and at the intervals determined by the representative, on the implementation of the organization of family medicine services and on the achievement of the objectives referred to in the first paragraph.

2023, c. 34, s. 448.

Not in force

449. The territorial department of family medicine, in addition to the other functions conferred on it by this Act, exercises the following functions:

(1)  making recommendations on the nature of the family medicine services arising from priority programs and ensuring the implementation of Santé Québec’s decision relating to such matters;

(2)  making recommendations on the list of specific medical activities referred to in section 468 and ensuring the implementation of Santé Québec’s decision relating to the list;

(3)  giving its opinion on any project concerning the provision of family medicine services;

(4)  giving its opinion on certain projects relating to the use of medications; and

(5)  performing any other function relating to family medicine services that is assigned to it by the president and chief executive officer of Santé Québec or by the Santé Québec representative who is a member of the department’s supervisory committee.

2023, c. 34, s. 449.

Not in force

450. The supervisory committee of the territorial department of family medicine is composed of the following members:

(1)  three physicians elected by and from among the physicians who are members of the department;

(2)  two to nine physicians who are members of the department, depending on the number set in accordance with section 451, appointed by the three physicians referred to in subparagraph 1; and

(3)  the Santé Québec representative.

For the purposes of subparagraph 3 of the first paragraph, the Santé Québec representative is

(1)  where the department is attached to one institution, its president and executive director;

(2)  where the department is attached to more than one institution, the officer designated by Santé Québec; or

(3)  if applicable, the assistant president and executive director or the physician designated by the person referred to in subparagraph 1 or subparagraph 2.

If there is a faculty of medicine in the department’s territory, the supervisory committee must also include a member appointed by the dean of the faculty as well as a family medicine resident acting as an observer.

The majority of the members of the supervisory committee must be physicians practising in primary health care.

2023, c. 34, s. 450.

Not in force

451. The rules in addition to those of section 450 relating to the composition of the supervisory committee of the territorial department of family medicine, the procedure governing the election or appointment of the members referred to in subparagraphs 1 and 2 of the first paragraph of that section and their terms of office are determined by a by-law adopted by the physicians who are members of the department, at a general meeting called for that purpose.

The rules relating to the composition of the supervisory committee prescribed by the by-law must ensure equitable representation of the parts of the department’s territory and of the various environments of medical practice. The by-law comes into force after being approved by the Santé Québec representative who is a member of the department’s supervisory committee.

2023, c. 34, s. 451.

Not in force

CHAPTER III SPECIAL PROVISIONS FOR TERRITORIAL DEPARTMENTS OF SPECIALIZED MEDICINE

2023, c. 34, c. III.

Not in force

452. Where, under section 439, Santé Québec forms only one territorial department of specialized medicine for a health region, the department is composed of all the medical specialists who receive remuneration from the Régie de l’assurance maladie du Québec and practise in the region, including those who practise in a private health facility.

Where it forms more than one such department for a single health region, Santé Québec must provide that the departments are to group the medical specialists who receive such remuneration and practise in the region in one of the following ways and in such a manner that each of them belongs to only one of the departments:

(1)  according to whether they practice in a part of the region’s territory determined by Santé Québec;

(2)  according to their specialty; or

(3)  according to both of the ways referred to in subparagraphs 1 and 2.

2023, c. 34, s. 452.

Not in force

453. The territorial department of specialized medicine develops the organization of specialized medical services offered by the department’s physicians in the department’s territory and submits it to the Santé Québec representative who is a member of the department’s supervisory committee.

For each specialty, the department must specify, for each local health and social services network territory, the services likely to best meet the needs of the population; it must also ensure the implementation and application of Santé Québec’s decision concerning the organization of such services.

It makes any recommendation it considers appropriate for achieving the purpose set out in section 411.

2023, c. 34, s. 453.

Not in force

454. The territorial department of specialized medicine must set objectives for measuring the implementation of the organization of specialized medical services it develops. It measures the achievement of the objectives.

It must mobilize the physicians who are members of the department toward the achievement of those objectives.

It must also report to the Santé Québec representative who is a member of the department’s supervisory committee, according to the form and content and at the intervals determined by the representative, on the implementation of the organization of specialized medical services and on the achievement of the objectives referred to in the first paragraph.

2023, c. 34, s. 454.

Not in force

455. The territorial department of specialized medicine, in addition to the other functions conferred on it by this Act, exercises the following functions:

(1)  giving its opinion on any project concerning the provision of specialized medical services and the renewal, distribution and development of specialized medical equipment, in compliance with the territorial organization of specialized medical services;

(2)  making recommendations on the list of specific medical activities referred to in section 476 and ensuring the implementation of Santé Québec’s decision relating to the list;

(3)  giving its opinion on certain projects relating to the use of medications; and

(4)  performing any other function relating to specialized medicine that is assigned to it by the president and chief executive officer of Santé Québec or by the Santé Québec representative who is a member of the department’s supervisory committee.

2023, c. 34, s. 455.

Not in force

456. The supervisory committee of the territorial department of specialized medicine is composed of the following members:

(1)  three physicians elected by and from among the physicians who are members of the department;

(2)  two to nine physicians who are members of the department, depending on the number set in accordance with section 457, appointed by the three physicians referred to in subparagraph 1; and

(3)  the Santé Québec representative.

For the purposes of subparagraph 3 of the first paragraph, the Santé Québec representative is

(1)  where the department is attached to one institution, its president and executive director;

(2)  where the department is attached to more than one institution, the officer designated by Santé Québec; or

(3)  if applicable, the assistant president and executive director or the physician designated by the person referred to in subparagraph 1 or subparagraph 2.

If there is a faculty of medicine in the department’s territory, the supervisory committee must also include a member appointed by the dean of the faculty as well as a medical resident acting as an observer.

2023, c. 34, s. 456.

Not in force

457. The rules in addition to those of section 456 relating to the composition of the supervisory committee of the territorial department of specialized medicine, the procedure governing the election or appointment of the members referred to in subparagraphs 1 and 2 of the first paragraph of that section and their terms of office are determined by a by-law adopted by the physicians who are members of the department, at a general meeting called for that purpose.

The rules relating to the composition of the supervisory committee prescribed by the by-law must ensure equitable representation of the clinical fields in which the medical specialists who are members of the department practise as well as of the parts of the department’s territory. The by-law comes into force after being approved by the Santé Québec representative who is a member of the department’s supervisory committee.

2023, c. 34, s. 457.

Not in force

TITLE II TERRITORIAL PHARMACEUTICAL SERVICES COMMITTEE

2023, c. 34, Tit. II.

Not in force

458. Santé Québec forms, for each health region, a territorial pharmaceutical services committee.

If there is more than one public institution in a health region, Santé Québec may form more than one such committee; it then attaches each committee to a public institution of the region.

A territorial committee formed in a region in which there is only one public institution is attached to that institution.

2023, c. 34, s. 458.

Not in force

459. The territory of the territorial pharmaceutical services committee corresponds to the territory of the health region. However, if more than one committee is formed in a region, Santé Québec divides all of the territory of the region between the committees so that each committee has its own territory.

2023, c. 34, s. 459.

Not in force

460. A territorial pharmaceutical services committee is composed of representatives of each of the following groups:

(1)  the territory’s owner pharmacists;

(2)  the pharmacists employed by the territory’s community pharmacies;

(3)  the pharmacists practising in a private health facility operated by physicians;

(4)  the heads of the clinical departments of pharmacy of the territory’s institutions; and

(5)  the pharmacists practising within an institution of the territory.

The president and executive director of the public institution to which the committee is attached, or the person the president and executive director designates, is also a member of the committee.

2023, c. 34, s. 460.

Not in force

461. The procedure for appointing members of a territorial pharmaceutical services committee and its chair, their term of office and the committee’s internal management rules are determined by the by-laws of the institution to which the committee is attached.

2023, c. 34, s. 461.

Not in force

462. The territorial pharmaceutical services committee exercises the following responsibilities under the authority of the president and executive director of the institution to which it is attached:

(1)  making recommendations with respect to the organization of pharmaceutical services in the territory, in particular as regards accessibility and continuity of services;

(2)  mobilizing the pharmacists practising in the territory so that they ensure the accessibility and continuity of pharmaceutical services in the territory;

(3)  giving its opinion on certain projects relating to the use of medications; and

(4)  carrying out any other mandate entrusted to it by the president and executive director.

2023, c. 34, s. 462.

Not in force

463. The president and executive director of the public institution to which the territorial pharmaceutical services committee is attached annually assesses the committee’s operation and reports on it to the president and chief executive officer of Santé Québec.

2023, c. 34, s. 463.

Not in force

TITLE III OTHER MEASURES FOR ACCESS TO MEDICAL SERVICES

2023, c. 34, Tit. III.

Not in force

464. The Government determines each year the number of medical resident positions available in the post-doctoral medical training programs. It may also determine the applicable terms. This number includes

(1)  the family medicine training positions; and

(2)  the other training positions required for each of the other specialties recognized by a regulation made under the Medical Act (chapter M‐9).

2023, c. 34, s. 464.

Not in force

465. The Government determines each year, in the doctoral medical training programs, a number of seats for students from Québec and from outside Québec. It may also determine the applicable terms.

The Government may, if it considers it appropriate, require students from outside Québec to sign, before the beginning of their training, an undertaking with a penal clause, if applicable, to practise for a period not exceeding four years in the region or for the institution determined by the Minister, in the event that they practise medicine in Québec after obtaining their licence to practise.

2023, c. 34, s. 465.

Not in force

466. The number of medical resident positions available in the post-doctoral medical training programs referred to in section 464 and the number of seats for students in the doctoral medical training programs referred to in section 465 are determined after consultation by the Minister with Santé Québec, the Collège des médecins du Québec, Québec universities having a faculty of medicine, the Fédération des médecins omnipraticiens du Québec, the Fédération des médecins spécialistes du Québec, the Fédération des médecins résidents du Québec and the Fédération médicale étudiante du Québec.

2023, c. 34, s. 466.

Not in force

467. Family physicians wishing to participate in an agreement entered into under the fifth paragraph of section 19 of the Health Insurance Act (chapter A-29) must, after being authorized by Santé Québec, undertake to devote part of their practice to specific medical activities referred to in section 468.

Such an agreement may provide for adjustments as regards the nature of the activities and the level of participation of the physicians according to the number of years of practice.

2023, c. 34, s. 467.

Not in force

468. For the purposes of the first paragraph of section 467, Santé Québec establishes for the territory of each territorial department of family medicine referred to in section 439, on the basis of such recommendations as may be made by the department, a list of specific medical activities. The list specifies the conditions of exercise of each activity offered, in accordance with the terms of the agreement referred to in that paragraph.

The list of specific medical activities includes the following activities:

(1)  as a priority, the provision of medical services in the clinical department of emergency medicine of the institutions for which such a department is set up;

(2)  the provision of services to users admitted for short-term care by an institution operating a hospital centre;

(3)  the provision of medical services involving on-call duty in any residential and long-term care centre or rehabilitation centre or in connection with a home care support program of a local community service centre;

(4)  the provision of obstetrical medical services in a centre operated by an institution;

(5)  the provision of primary care services to, and the taking in charge of, vulnerable patients, whether in their home, in a private health facility or in any centre operated by an institution; and

(6)  participation in any other priority activity approved by the president and chief executive officer.

2023, c. 34, s. 468.

Not in force

469. Physicians submit their application for authorization to Santé Québec which transmits to them a list of specific medical activities from which they must choose.

2023, c. 34, s. 469.

Not in force

470. Santé Québec authorizes physicians to participate in the agreement referred to in section 467 if they undertake in writing to exercise one of the specific medical activities provided for in the list referred to in section 468.

Before authorizing a physician to participate in the agreement referred to in section 467, Santé Québec is required to comply with the authorized number of physicians in the medical staffing plans of its institutions.

Santé Québec may delegate to the supervisory committee of the territorial department of family medicine the power to grant the authorization provided for in the first paragraph.

2023, c. 34, s. 470.

Not in force

471. For as long as physicians respect the undertaking they made in accordance with section 470, and until they are discharged from the undertaking in accordance with the terms of the agreement referred to in section 467, they remain subject to that agreement.

2023, c. 34, s. 471.

Not in force

472. Santé Québec may, in accordance with the terms of the agreement, periodically review the undertaking made by a physician in accordance with section 470.

2023, c. 34, s. 472.

Not in force

473. Where, in Santé Québec’s opinion, a physician ceases to respect the undertaking made in accordance with section 470, Santé Québec terminates the physician’s participation in the agreement and informs the physician, the territorial department of family medicine and the Régie de l’assurance maladie du Québec. Santé Québec must give the physician an opportunity to present observations.

2023, c. 34, s. 473.

Not in force

474. Physicians who are not satisfied with a decision refusing or terminating their participation may submit the decision to the arbitration procedure provided for in the agreement referred to in section 467.

2023, c. 34, s. 474.

Not in force

475. Medical specialists in a specialty covered by an agreement entered into under the fifth paragraph of section 19 of the Health Insurance Act (chapter A-29) who have no privileges in an institution operating a hospital centre and who wish to participate in such an agreement must, after being authorized by Santé Québec, undertake to devote part of their practice to specific medical activities referred to in section 476.

The agreement may provide for adjustments as regards the nature of the activities and the level of participation of the medical specialists according to the number of years of practice.

2023, c. 34, s. 475.

Not in force

476. For the purposes of the first paragraph of section 475, Santé Québec establishes, for the territory of each territorial department of specialized medicine referred to in section 439 and on the basis of such recommendations as may be made by the department, a list of specific medical activities. The list specifies the conditions of exercise of each activity offered, in accordance with the terms of the agreement referred to in that paragraph.

The list is submitted to the president and chief executive officer for approval.

2023, c. 34, s. 476.

Not in force

477. Sections 469 to 474 apply, with the necessary modifications, to medical specialists to whom section 475 applies.

2023, c. 34, s. 477.

Not in force

478. Santé Québec must establish a territorial medical staffing plan for each territory of a department referred to in section 446 or 452 on the basis of the medical and dental staffing plans that were submitted to the president and chief executive officer in accordance with section 234, the number of physicians required to perform the specific medical activities referred to in sections 468 and 475 and the number of family physicians and of medical specialists, by specialty, who are remunerated by the Régie de l’assurance maladie du Québec and practise in the territory, even outside an institution.

In establishing a territorial medical staffing plan, Santé Québec must take into account the medical activities of the physicians and medical specialists who practise in the territory and receive remuneration from the Régie de l’assurance maladie du Québec. Santé Québec must also consult

(1)  the territorial department of family medicine on the part of the plan relating to family physicians; and

(2)  the territorial department of specialized medicine on the part of the plan relating to medical specialists.

A territorial department may make recommendations it considers appropriate with regard to the part of the plan on which it was consulted.

2023, c. 34, s. 478.

Not in force

479. The territorial medical staffing plan established by Santé Québec is submitted to the Minister who approves it with or without amendment; the medical and dental staffing plans established by the president and executive directors of the institutions of the region are submitted with that plan.

The part of the territorial medical staffing plan so approved that relates to family physicians must, in accordance with section 478, be established again each year; the part that relates to medical specialists must be established again at least every three years. Both parts must also be established again whenever the Minister so requests. The approved plan continues to have effect as long as the new plan has not been approved by the Minister.

The Minister may establish the territorial medical staffing plan if Santé Québec fails to do so within the time specified by the Minister.

2023, c. 34, s. 479.

Not in force

480. The Minister may send directives to Santé Québec concerning the establishment of any territorial medical staffing plan. The directives may, in particular, prescribe expansion or reduction objectives and the number of positions that must be reserved for physicians having practised in other regions.

Such directives are binding on Santé Québec.

2023, c. 34, s. 480.

Not in force

481. In order to ensure compliance with the territorial medical staffing plans,

(1)  every physician in the region who is remunerated by the Régie de l’assurance maladie du Québec and practises in a private health facility is bound by an agreement entered into under the seventh paragraph of section 19 of the Health Insurance Act (chapter A-29); and

(2)  the territorial departments of family medicine and specialized medicine ensure their implementation and application and assess the achievement of the objectives relating to them.

For the purposes of this Act, “private health facility” means an enterprise in which one or more physicians, dentists or other professionals, individually or as a group, regularly practise their profession, privately and solely on their own account, without directly or indirectly providing their clientele with lodging and without offering them specialized medical treatments.

2023, c. 34, s. 481.

Not in force

482. Once a territorial medical staffing plan concerning a health region has been approved by the Minister, the president and chief executive officer of Santé Québec approves the medical and dental staffing plans submitted by the institutions of the region in accordance with section 234.

Santé Québec transmits to the Minister, on request, each medical and dental staffing plan approved by the president and chief executive officer.

2023, c. 34, s. 482.

Not in force

483. An authorization to appoint a physician in departure from the medical and dental staffing plan granted by the president and chief executive officer under subparagraph 2 of the first paragraph of section 250 entails authorization to depart from the applicable territorial medical staffing plan.

2023, c. 34, s. 483.

Not in force

484. Despite section 6, the provisions of this Part apply, with the necessary modifications, to the territory governed by Part IV.3 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2). For the purposes of those provisions, that territory is included in the territory of the contiguous health region.

2023, c. 34, s. 484.

Not in force

PART V AGREEMENTS AND ACCREDITATIONS FOR FUNDING PURPOSES AND AGREEMENTS FOR THE PROVISION OF CERTAIN SERVICES

2023, c. 34, Part V.

Not in force

TITLE I AGREEMENTS AND ACCREDITATIONS FOR FUNDING PURPOSES

2023, c. 34, Tit. I.

Not in force

CHAPTER I PRIVATE INSTITUTIONS UNDER AGREEMENT

2023, c. 34, c. I.

Not in force

485. Santé Québec may, if it considers that the needs of a health region justify it, enter into an agreement with a private institution for either of the following purposes:

(1)  compensation for the health services or social services the institution provides under the agreement, at a flat rate set by the Government for the group of services referred to in section 4 to which the services provided correspond; or

(2)  full or partial reimbursement for expenditures incurred by the institution that are eligible for subsidies under the special budgetary rules referred to in the second paragraph of section 111.

The terms and conditions of funding set out in an agreement entered into under the first paragraph are subject to compliance with the provisions of section 486. The same applies in the case of the renewal of such an agreement.

In a case of disagreement between Santé Québec and a private institution as regards the determination of the terms and conditions of funding applicable under the agreement or upon the renewal of an agreement, Santé Québec may, six months after the beginning of discussions, request the Minister to determine the terms and conditions.

2023, c. 34, s. 485.

Not in force

486. The Minister determines, with the approval of the Conseil du trésor, the general terms that relate to the funding of the activities of private institutions and that are applicable, subject to exceptions provided for by the Minister, to all funding agreements entered into under subparagraph 2 of the first paragraph of section 485.

The Minister determines in the same manner the minimum content, the duration and, where necessary, the form of the agreements entered into under section 485. The content of the agreements may vary according to the region concerned, the nature or scope of the services provided by institutions having a similar mission, or the users served by such institutions.

2023, c. 34, s. 486.

Not in force

487. Section 59 applies, with the necessary modifications, to a private institution under agreement.

2023, c. 34, s. 487.

Not in force

488. A private institution under agreement may not, without having obtained prior authorization from Santé Québec,

(1)  acquire, alienate or hypothecate an immovable;

(2)  build, enlarge, develop, convert, demolish, rebuild or make major repairs to its immovables, except where the estimated total cost of the project is less than the amounts determined by government regulation and where no borrowing for the financing is required;

(3)  grant a dismemberment of the right of ownership;

(4)  lease an immovable;

(5)  lease or lend its immovables to a third person, or otherwise allow a third person to use them, for a period exceeding one year; or

(6)  lease its facilities to a non-participating professional within the meaning of the Health Insurance Act (chapter A-29) or otherwise allow such a professional to use its facilities to provide medical services.

The institution must also have obtained prior authorization from the Conseil du trésor in the cases provided for in subparagraphs 1 and 2 of the first paragraph.

2023, c. 34, s. 488.

Not in force

489. The Conseil du trésor may, on the conditions and to the extent it determines, delegate to Santé Québec all or some of the powers granted to it under section 488.

The instrument of delegation is published in the Gazette officielle du Québec and comes into force on the 15th day following the date of publication.

2023, c. 34, s. 489.

Not in force

490. Section 488 does not apply to asset maintenance work, whatever the estimated cost of the work and the source of its financing.

“Asset maintenance work” means all the work required to ensure the security of persons and property, stop the deterioration of immovables and ensure their conservation.

2023, c. 34, s. 490.

Not in force

491. Any contract made by a private institution under agreement without the prior authorization of the Conseil du trésor or Santé Québec is absolutely null in all cases where such authorization is required by this Act.

Furthermore, every contract must, on pain of nullity, be made in accordance with the standards, terms and procedure prescribed by regulation of Santé Québec.

An application for the annulment of a contract made by the institution contrary to this section may be instituted by Santé Québec or any interested person.

2023, c. 34, s. 491.

Not in force

492. Despite section 372, no private institution under agreement may, without having obtained Santé Québec’s prior authorization, accept gifts, legacies, subsidies or other contributions that are paid on the condition that a project be carried out in one of the following situations:

(1)  where the assistance is intended to finance a project for which the prior authorization of the Conseil du trésor, the Minister or Santé Québec is required; or

(2)  where the immediate or foreseeable effect of the intended project is to increase the amount of the institution’s annual operating or capital expenditures.

Santé Québec’s prior authorization under the first paragraph is not necessary if the contribution paid is from the Gouvernement du Québec, a government department or a government body whose operating expenses are borne by the Consolidated Revenue Fund. In such a case, the Government or the department or body concerned must notify Santé Québec.

In the situation referred to in subparagraph 2 of the first paragraph, Santé Québec grants the prior authorization only if the private institution under agreement shows that the extra cost can be borne without requiring a budgetary adjustment or a special subsidy from Santé Québec.

2023, c. 34, s. 492.

Not in force

493. In order to ensure uniform administrative and financial management of private institutions under agreement, Santé Québec publishes and keeps up to date a financial management manual.

2023, c. 34, s. 493.

Not in force

494. Before 1 April each year, Santé Québec sends each private institution under agreement its operating budget for the following fiscal year. The budget is established on the basis of the funding agreement entered into between the institution and Santé Québec under the first paragraph of section 485, according to the terms and conditions, if any, set out in the agreement.

If, on 1 April in a year, the operating budget of an institution has not been sent to it, one-quarter of the budget for the preceding fiscal year is renewed at the beginning of each quarter of the fiscal year until it is replaced by the budget for the fiscal year concerned.

2023, c. 34, s. 494.

Not in force

495. The fiscal year of a private institution under agreement ends on 31 March.

2023, c. 34, s. 495.

Not in force

496. A private institution under agreement sends Santé Québec, in the form and at the intervals Santé Québec determines,

(1)  the reports on budget use and on the operation of the institution that are necessary for the application of the provisions of the funding agreement entered into with Santé Québec; and

(2)  an annual statistical report on the resources and services of the institution for the last fiscal year.

The reports must contain any information required by Santé Québec.

2023, c. 34, s. 496.

Not in force

497. The books and accounts of a private institution under agreement are audited every year by an auditor.

2023, c. 34, s. 497.

Not in force

498. Before 30 September each year, the board of directors of a private institution under agreement or, if the institution is not a legal person, the authorization holder, appoints an auditor for the institution’s current fiscal year.

The institution must issue a call for tenders, at least once every four years and whenever it intends to retain the services of a new auditing firm, to ensure that the services it receives are as cost-effective as possible.

2023, c. 34, s. 498.

Not in force

499. If an auditor leaves office before the end of their term, the board of directors of the private institution under agreement or, if the institution is not a legal person, the authorization holder, must fill the vacancy at its next sitting.

2023, c. 34, s. 499.

Not in force

500. In the exercise of their functions, auditors have access to all the books, registers, accounts and other accounting records and vouchers of the private institution under agreement. Every person having custody of such documents must facilitate the auditor’s examination of them.

Auditors may also require from the members of the board of directors of the institution, or from the institution’s officers, employees and other representatives, the information, explanations and other documents necessary for the carrying out of their mandate.

2023, c. 34, s. 500.

Not in force

501. Auditors must, for the fiscal year for which they have been appointed, audit the financial report of the private institution under agreement and perform the other duties included in their mandate, in particular those the Government may determine by regulation and, where applicable, those determined by the institution or Santé Québec.

2023, c. 34, s. 501.

Not in force

502. Auditors submit their audit report to the board of directors of the institution or, if the institution is not a legal person, to the authorization holder.

2023, c. 34, s. 502.

Not in force

503. The institution must, on or before 30 June each year, submit to Santé Québec its annual financial report for the previous fiscal year. The financial report must be prepared in the form determined by Santé Québec and include the institution’s financial statements, the audit report referred to in section 502 and any other information required by Santé Québec.

2023, c. 34, s. 503.

Not in force

CHAPTER II COMMUNITY ORGANIZATIONS

2023, c. 34, c. II.

Not in force

504. Santé Québec may, in accordance with a financial assistance program developed and approved under section 114, grant, out of the sums allocated to it for that purpose by the Minister, a subsidy to one of the following organizations or groups:

(1)  a community organization committed to the defence of the rights or promotion of the interests of users of community organizations’ services or of users of health or social services;

(2)  a community organization committed to the promotion of social development, improvement of living conditions, prevention, or promotion of health;

(3)  a community organization offering prevention, assistance and support services, including temporary lodging services;

(4)  a community organization engaging in activities which respond to new needs, take new approaches or are directed at specific groups of persons;

(5)  a community organization that has been entrusted with the functions provided for in the first paragraph of section 726; or

(6)  a group of community organizations.

2023, c. 34, s. 504.

Not in force

505. Every community organization that receives a subsidy under this chapter is free to define its orientations, policies and approaches.

2023, c. 34, s. 505.

Not in force

506. Every community organization or group that receives a subsidy in one of the cases referred to in section 504 must, within four months after the end of its fiscal year, send its activity report and its financial report to Santé Québec.

2023, c. 34, s. 506.

Not in force

507. Sections 505 and 506 apply to any subsidy granted by the Minister to an organization or group referred to in section 504.

The reports referred to in section 506 are then sent to the Minister.

2023, c. 34, s. 507.

Not in force

CHAPTER III ACCREDITATIONS FOR FUNDING PURPOSES

2023, c. 34, c. III.

Not in force

508. Santé Québec may grant a financial allowance to a community organization to allow it to obtain from an institution, by an agreement entered into under section 520, all or some of the health services or social services required by the organization’s clientele, or to offer some of those services.

2023, c. 34, s. 508.

Not in force

509. Only a community organization holding an accreditation issued under this chapter may receive a financial allowance under section 508.

2023, c. 34, s. 509.

Not in force

510. Any community organization that satisfies the requirements determined by the Minister is eligible for accreditation.

2023, c. 34, s. 510.

Not in force

511. A community organization applying for accreditation must send an application to Santé Québec, which may issue the accreditation if the Minister’s requirements are met.

Santé Québec may issue the accreditation on the conditions and for the clientele determined by Santé Québec.

2023, c. 34, s. 511.

Not in force

512. An accreditation issued by Santé Québec remains in force as long as the holder complies with this Act and meets the requirements determined by the Minister and the conditions determined by Santé Québec.

Santé Québec may, however, issue an accreditation for a determined period or a temporary accreditation whenever it considers it necessary.

2023, c. 34, s. 512.

Not in force

513. An accreditation holder must inform Santé Québec beforehand in writing of any change of address, of any alienation of assets or of any transaction that entails ineligibility for the accreditation.

2023, c. 34, s. 513.

Not in force

514. Santé Québec may cancel an accreditation at the request of its holder or suspend or revoke it where the holder no longer meets the conditions prescribed by this Act, the requirements determined by the Minister or the conditions determined by Santé Québec.

Before deciding to suspend or revoke an accreditation, Santé Québec must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the community organization concerned in writing and grant it at least 10 days to submit observations.

2023, c. 34, s. 514.

Not in force

515. Santé Québec must notify its decision in writing, with reasons, to a holder whose accreditation is suspended or revoked.

2023, c. 34, s. 515.

Not in force

516. A community organization referred to in section 508 must account for its management to Santé Québec in the manner and at the intervals determined by Santé Québec.

2023, c. 34, s. 516.

Not in force

517. No one may use the title “accredited organization” or associate accreditation with an organization unless they hold an accreditation issued under this chapter.

2023, c. 34, s. 517.

Not in force

TITLE II AGREEMENTS FOR CERTAIN SERVICES

2023, c. 34, Tit. II.

Not in force

CHAPTER I AGREEMENTS FOR THE SUPPLY, PROVISION OR EXCHANGE OF CERTAIN SERVICES

2023, c. 34, c. I.

Not in force

518. Santé Québec may enter into an agreement with a person or group for any of the following purposes:

(1)  the supply, on behalf of a Santé Québec institution or a grouped institution, of certain health services or social services required by a user of the institution; or

(2)  the provision or exchange of professional services with respect to health services or social services.

It may also enter into an agreement with a private institution concerning the acquisition and the automated preparation and distribution of medications.

2023, c. 34, s. 518.

Not in force

519. An agreement referred to in section 518 is not a contract with a subcontractor or an intermediary within the meaning of section 95 of the Act respecting labour standards (chapter N-1.1).

2023, c. 34, s. 519.

Not in force

520. Santé Québec may enter into an agreement with a community organization that has received a financial allowance under section 508, to ensure that all or some of the health services or social services required by the organization’s clientele are provided.

2023, c. 34, s. 520.

Not in force

521. The Minister’s prior authorization is required in order for Santé Québec to enter into an agreement with the holder of an authorization for the operation of a non-participating specialized medical centre within the meaning of the second paragraph of section 575, or with a non-participating professional within the meaning of the Health Insurance Act (chapter A-29). Such an authorization is also required where the agreement covers an insured service that is considered non-insured under that Act.

2023, c. 34, s. 521.

Not in force

522. No physician or dentist is bound by an agreement referred to in section 518 or 520 unless the agreement is effective at the time the physician or dentist applies for appointment or renewal of status or privileges and the agreement is brought to their attention by the medical and professional services director in the notice acknowledging receipt of the application.

In addition, such an agreement must be consistent with an agreement made under section 19 of the Health Insurance Act (chapter A-29).

Within 30 days after the date of coming into force of an agreement referred to in the first paragraph and binding a physician or dentist, Santé Québec sends a reproduction of the agreement to the representative organization concerned.

2023, c. 34, s. 522.

Not in force

523. An agreement entered into under section 518 must not have the effect of significantly modifying the organization of the specialized medical services provided in a hospital centre operated by an institution. Only an agreement entered into with an associated medical clinic in accordance with section 528 may have such an effect.

In addition, an agreement referred to in subparagraph 2 of the first paragraph of section 518 must not have the effect of granting the exclusive right to provide professional services or preventing the recruitment of professionals in accordance with the needs set out in the medical and dental staffing plan approved or established by the president and chief executive officer of Santé Québec.

2023, c. 34, s. 523.

Not in force

524. Where the person or group with whom or which Santé Québec has entered into an agreement referred to in section 518 is a community organization, the agreement must be consistent with the orientations, policies and approaches of the community organization.

2023, c. 34, s. 524.

Not in force

525. The provisions of this chapter, except section 523, apply, with the necessary modifications, to a private institution, and an agreement referred to in section 518 may also be entered into with Santé Québec.

2023, c. 34, s. 525.

Not in force

CHAPTER II ASSOCIATED MEDICAL CLINICS

2023, c. 34, c. II.

Not in force

526. With a view to improving the accessibility of specialized medical services, Santé Québec may propose to the Minister that a Santé Québec institution that carries on hospital activities become associated with the operator of one of the following enterprises in order to entrust the operator with providing certain specialized medical services to users of the institution:

(1)  a private health facility;

(2)  a laboratory governed by the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2); or

(3)  a participating specialized medical centre within the meaning of the second paragraph of section 575.

For the purposes of this chapter, an enterprise mentioned in the first paragraph is an “associated medical clinic”.

2023, c. 34, s. 526.

Not in force

527. Before accepting Santé Québec’s proposal, the Minister must be of the opinion that it could improve the accessibility of the specialized medical services concerned and would not affect the capacity of the public health and social services network, in particular as regards staffing requirements for the operation of that network. The Minister must also consider the increase in efficiency and effectiveness that could result from the proposal’s implementation.

The Minister’s decision to accept Santé Québec’s proposal must specify the procedure to be followed by Santé Québec to determine which associated medical clinic offers the most cost-effective specialized medical services.

The second paragraph applies despite the Act respecting contracting by public bodies (chapter C-65.1).

2023, c. 34, s. 527.

Not in force

528. On completion of the procedure referred to in the second paragraph of section 527 and after obtaining the authorization of the Minister, Santé Québec must enter into an agreement with the operator of the medical clinic with which Santé Québec is associated. The agreement must specify

(1)  the nature of the specialized medical services to be provided under the agreement;

(2)  the minimum and maximum number of specialized medical services that may be provided each year by the clinic, and how those services are to be distributed on a quarterly basis to ensure their continued availability;

(3)  the unit amount to be paid by Santé Québec to cover the costs related to each specialized medical service provided by the clinic, according to the nature of the service, and the terms of payment;

(4)  the monitoring mechanisms allowing the institution, or one of its boards, councils or committees determined in the agreement, to ensure the quality and safety of the medical services provided by the clinic;

(5)  the fees, determined in accordance with section 531, that may be charged to a user who receives a specialized medical service in the clinic, and the manner in which the user is to be informed regarding payment of the fees;

(6)  the bookkeeping and information system requirements with which the clinic operator is to comply, and the nature, form, content and frequency of the reports and information the operator is required to send to Santé Québec and to the Minister; and

(7)  a mechanism to resolve disputes regarding the interpretation or application of the agreement.

The services covered by the agreement are subject to Santé Québec’s complaint examination procedure and to the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).

The agreement has a maximum five-year term. The parties may not terminate the agreement before its expiry, or amend or renew it, without the Minister’s authorization. To renew the agreement, a draft renewal agreement must be sent to the Minister at least six months before the agreement expires.

2023, c. 34, s. 528.

Not in force

529. An agreement referred to in section 528 is not a contract with a subcontractor or an intermediary within the meaning of section 95 of the Act respecting labour standards (chapter N-1.1).

2023, c. 34, s. 529.

Not in force

530. All physicians practising in an associated medical clinic must be subject to the application of an agreement entered into under section 19 of the Health Insurance Act (chapter A-29).

2023, c. 34, s. 530.

Not in force

531. Despite section 22.0.0.1 of the Health Insurance Act (chapter A-29), no amount may be charged to a user who receives a specialized medical service from an associated medical clinic providing services under an agreement other than the fees the institution associated with the clinic would normally have charged for the provision of those services, provided the fees are specified by the agreement.

2023, c. 34, s. 531.

Not in force

532. To provide specialized medical services specified by an agreement in an associated medical clinic, a physician must first hold a status and privileges allowing the physician to practise in a hospital centre operated by the institution with which the clinic is associated, fully meet the needs of the hospital centre according to the assessment of the medical and professional services director, and fulfill at all times the obligations attached to the privileges granted to the physician.

The operator of an associated medical clinic must not allow a physician who fails to comply with this section to provide specialized medical services specified by the agreement in the clinic.

2023, c. 34, s. 532.

Not in force

533. On signing an agreement, the operator of an associated medical clinic must give the institution with which the clinic is associated a list of the physicians practising in the institution who are to provide specialized medical services in the clinic. The operator of the clinic must keep the list updated and inform the president and executive director of the institution without delay of any change to it.

2023, c. 34, s. 533.

Not in force

534. Despite the third paragraph of section 528, Santé Québec may terminate an agreement if it has reasonable grounds to believe that the quality or safety of the specialized medical services provided in the associated medical clinic is not satisfactory, or that the operator of such a clinic or a physician who practises there is failing to comply with a provision of sections 531 to 533.

The Minister may request Santé Québec to terminate an agreement if the Minister has reasonable grounds to believe that a situation referred to in the first paragraph is occurring.

Before terminating an agreement, Santé Québec must give the operator of the associated medical clinic an opportunity to submit observations, in writing, within the time set by Santé Québec.

2023, c. 34, s. 534.

Not in force

535. Despite the provisions of the Health Insurance Act (chapter A-29), an agreement under section 528 of this Act may cover insured services that are considered non-insured when provided outside a facility maintained by an institution if Santé Québec considers that difficulties exist with respect to access to those services in the institutions within a health region.

Furthermore, services provided by a physician under an agreement referred to in section 528 are deemed, for the sole purposes of the physician’s remuneration, to be provided within the institution that referred the user to the associated medical clinic.

2023, c. 34, s. 535.

Not in force

CHAPTER III INTERMEDIATE RESOURCES AND FAMILY-TYPE RESOURCES

2023, c. 34, c. III.

Not in force

DIVISION I GENERAL PROVISIONS

2023, c. 34, Div. I.

Not in force

536. A Santé Québec institution may use the services of an intermediate resource or a family-type resource.

Subject to the third paragraph of section 552, the institution itself recruits such resources on the basis of its users’ needs.

The institution also sees to the evaluation of those resources in compliance with the general criteria determined by the Minister.

2023, c. 34, s. 536.

Not in force

537. With Santé Québec’s authorization, two or more of its institutions may call upon the services of the same intermediate resource or family-type resource.

Santé Québec sees to it, however, that the institutions concerned consult one another with respect to the professional follow-up of the users.

2023, c. 34, s. 537.

Not in force

DIVISION II INTERMEDIATE RESOURCES

2023, c. 34, Div. II.

Not in force

538. An intermediate resource is a resource operated by a natural person as a self-employed worker, by a legal person or by a partnership having entered into an agreement with Santé Québec for the purpose of participating in keeping in or integrating into the community users who are otherwise registered for the services of one of its institutions, by providing them with a living environment suited to their needs, together with the support or assistance services required by their condition.

2023, c. 34, s. 538.

Not in force

539. The immovable or dwelling premises in which the services of an intermediate resource are provided is not deemed to be a facility maintained by the Santé Québec institution using the resource’s services, except for the purposes of the Youth Protection Act (chapter P-34.1), in which case it is considered to be a place where foster care is provided by the institution.

2023, c. 34, s. 539.

Not in force

540. The Minister establishes, by regulation, a classification of the services offered by intermediate resources based on the degree of support or assistance required by users.

The remuneration for each type of services listed in the classification established under the first paragraph is determined

(1)  in accordance with the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements (chapter R-24.0.2), in the case of intermediate resources represented by an association recognized under that Act;

(2)  by the Minister, with the authorization of the Conseil du trésor and on the conditions it determines, in the case of intermediate resources to which that Act applies but which are not represented by an association recognized under that Act; or

(3)  in accordance with section 541 of this Act, in the case of intermediate resources to which the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements does not apply.

2023, c. 34, s. 540.

Not in force

541. The Minister may, with the authorization of the Conseil du trésor and on the conditions it determines, enter into an agreement with one or more bodies representing intermediate resources, other than those to which the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements (chapter R-24.0.2) applies, on the following matters:

(1)  minimum and specific conditions for the provision of services by those intermediate resources;

(2)  the modes and scale of remuneration for those services, taking into account the classification established by the Minister under section 540, as well as various measures, terms and conditions applicable to the payment of the remuneration;

(3)  the funding, implementation and maintenance of programs and services that meet the needs of all the resources the body represents, particularly with regard to training and professional development; and

(4)  the setting up of any joint committee either to ensure the administrative follow-up of the agreement, the provision of adequate training and professional development to maintain existing resources and renew them, or for any other purpose considered useful or necessary by the parties.

Such an agreement is binding on Santé Québec and on all intermediate resources covered by the agreement, whether or not they are members of the body that entered into the agreement.

If no agreement is entered into under this section, the mode and scale of remuneration for the services, as well as the various measures, terms and conditions applicable to the payment of the remuneration are determined by the Minister, with the authorization of the Conseil du trésor and subject to the conditions it determines.

2023, c. 34, s. 541.

Not in force

542. A body is considered representative of the intermediate resources referred to in section 541 if the body groups together, on a Québec-wide scale, resources for children or resources for adults and if its membership represents either at least 20% of the total number of such resources throughout Québec or the number of resources required to serve at least 30% of the total number of users of such resources throughout Québec.

The same applies to a group of bodies representing such intermediate resources that intervene only on a local or regional scale, provided that the bodies as a group ensure the same representation as that required under the first paragraph.

A representative body must, on request, provide the Minister with up-to-date documents evidencing its establishment, and the names and addresses of its members.

A group must also provide up-to-date documents evidencing its constitution, the names and addresses of the bodies it represents and, for each of those bodies, the names and addresses of the members.

Where a representative body is a group of bodies, the group alone is authorized to represent each of the member bodies.

For the purposes of section 541, an intermediate resource may not be a member of more than one representative body other than a group.

2023, c. 34, s. 542.

Not in force

543. No municipal permit or certificate may be refused nor proceedings under a by-law instituted for the sole reason that a building or dwelling premises are to be occupied in whole or in part by an intermediate resource.

This section takes precedence over any general or special Act and over any municipal by-law adopted under any such Act.

2023, c. 34, s. 543.

Not in force

544. The person responsible for, or the employees of, an intermediate resource, as applicable, are subject, with the necessary modifications, to the practices and conduct expected of persons who engage in activities with respect to users as set out in Santé Québec’s code of ethics, in accordance with subparagraph 2 of the first paragraph of section 64.

2023, c. 34, s. 544.

Not in force

545. Santé Québec may designate a person to assume, for a period not exceeding 180 days, the provisional administration of an intermediate resource, other than a resource governed by the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements (chapter R-24.0.2),

(1)  where the agreement has been cancelled;

(2)  where the intermediate resource engages in practices or tolerates a situation that could pose a threat to the health or safety of the persons to whom it provides services; or

(3)  where the intermediate resource is experiencing difficulties that seriously compromise either the quality of the services it provides or its administration, organization or operation.

The period provided for in the first paragraph may be extended by Santé Québec, provided that the extension period does not exceed 180 days.

2023, c. 34, s. 545.

Not in force

546. The provisional administrator of an intermediate resource must, as soon as possible, make a preliminary report of their findings to Santé Québec, together with recommendations.

2023, c. 34, s. 546.

Not in force

547. Before submitting the preliminary report to Santé Québec, the provisional administrator must give the operator of the intermediate resource the opportunity to submit observations. The provisional administrator must attach to the report a summary of the observations submitted, where applicable.

2023, c. 34, s. 547.

Not in force

548. Where Santé Québec designates a provisional administrator in accordance with section 545, it indicates whether all or certain powers of the operator of the intermediate resource are suspended. The suspended powers are then exercised by the provisional administrator.

If deprived of certain powers, the resource’s operator continues to exercise the powers that have not been suspended.

At all times, the resource’s operator continues to exercise the operator’s powers with regard to activities other than activities related to the operation of the resource, where applicable.

2023, c. 34, s. 548.

Not in force

549. No judicial proceedings may be brought against the provisional administrator of an intermediate resource for an act performed or omitted in good faith in the exercise of the administrator’s functions.

2023, c. 34, s. 549.

Not in force

550. Santé Québec may, where the preliminary report made by the provisional administrator under section 546 confirms the existence of one of the situations described in section 545,

(1)  order the resource to take the necessary corrective measures within the period Santé Québec determines; and

(2)  order the provisional administrator to continue their administration, or to relinquish it and to resume it only if the intermediate resource fails to take the corrective measures ordered by Santé Québec in accordance with subparagraph 1.

Where Santé Québec orders the continuation of the provisional administration, the administrator must send a final report to Santé Québec on ascertaining that the situation that gave rise to that administration is remedied or that it will not be possible to remedy it.

2023, c. 34, s. 550.

Not in force

551. After receiving the final report of the provisional administrator under the second paragraph of section 550, Santé Québec may take either of the following measures:

(1)  terminate the provisional administration on the date it determines; or

(2)  exercise any power conferred on it by section 550.

2023, c. 34, s. 551.

Not in force

DIVISION III FAMILY-TYPE RESOURCES

2023, c. 34, Div. III.

Not in force

552. Family-type resources are persons recruited as foster families or foster homes.

A foster family is one or two persons receiving in their principal place of residence a maximum of nine children in difficulty entrusted to them by a Santé Québec institution in order to respond to their needs and afford them living conditions fostering a parent-child relationship in a family-like environment, and having entered into an agreement with Santé Québec.

A kinship foster family is one or two persons who have been assessed under the third paragraph of section 536 and have entered into an agreement with Santé Québec, after having been entrusted, under the Youth Protection Act (chapter P-34.1) and for a specified time, with a child designated by name. In making its assessment, the institution must, in particular, take into consideration the significant ties the child has with the person or persons.

A foster home is one or two persons receiving in their principal place of residence a maximum of nine adults, including elderly persons, entrusted to them by a Santé Québec institution in order to respond to their needs and afford them living conditions as close to a natural environment as possible, and having entered into an agreement with Santé Québec.

2023, c. 34, s. 552.

Not in force

553. Activities and services provided by a family-type resource are deemed not to constitute a commercial enterprise or a means to make profit.

2023, c. 34, s. 553.

Not in force

554. The provisions of sections 540 and 543 apply, with the necessary modifications, to family-type resources.

2023, c. 34, s. 554.

Not in force

PART VI REGULATION OF CERTAIN ACTIVITIES

2023, c. 34, Part VI.

Not in force

TITLE I AUTHORIZATION REGIME

2023, c. 34, Tit. I.

Not in force

CHAPTER I ACTIVITIES SUBJECT TO AUTHORIZATION

2023, c. 34, c. I.

Not in force

555. A Santé Québec authorization for the operation of a specialized medical centre is required to operate an enterprise that offers to a clientele the medical services necessary for a hip or knee replacement, a cataract extraction and intraocular lens implantation or any other specialized medical treatment determined by regulation of Santé Québec.

2023, c. 34, s. 555.

Not in force

556. The factors Santé Québec must take into account for the purpose of determining a specialized medical treatment include the risks generally associated with the treatment, the personnel and equipment necessary to provide it and, if applicable, the type of anaesthesia normally used during, and the length of stay usually required after, the treatment.

Before making a regulation under section 555, Santé Québec must consult the Collège des médecins du Québec.

2023, c. 34, s. 556.

Not in force

557. A Santé Québec authorization for the operation of a private seniors’ residence is required to operate an enterprise offering, in all or part of a congregate residential facility, rooms or dwellings for lease to a clientele composed mainly of persons 65 years of age or over, in addition to offering lessees various services, whose cost is included in the rent or is otherwise charged to them, in at least two of the following categories of services:

(1)  meal services;

(2)  personal assistance services;

(3)  nursing care services;

(4)  domestic help services;

(5)  security services; and

(6)  recreation services.

A regulation of Santé Québec defines each of the categories of services set out in the first paragraph. Such a regulation also provides for categories of private seniors’ residences based on the services offered by the authorization holder, including at least one category of residences offering services for independent elderly persons and one category of residences offering services for semi-independent elderly persons.

For the purposes of the first paragraph,

(1)  an operator is deemed to offer, in a congregate residential facility, rooms or dwellings to a clientele composed mainly of persons 65 years of age or over where the majority of the rooms or dwellings in the facility are occupied or are intended to be occupied by such persons;

(2)  services offered indirectly by the operator, in particular through a legal person or a partnership controlled by or that controls the operator or through another group with which the operator has entered into an agreement for that purpose, are deemed to be offered by the operator.

2023, c. 34, s. 557.

Not in force

558. Santé Québec may, by regulation, specify the cases in which its authorization is required to operate an enterprise offering lodging services and any other service it may determine by regulation to a clientele composed of vulnerable persons.

For the purposes of this Act, an enterprise whose operation is so authorized is designated a “resource offering lodging”.

2023, c. 34, s. 558.

Not in force

559. A Santé Québec authorization for the operation of a private institution is required to operate an enterprise offering to a clientele a group of services comparable to a group of services that may be offered by a public institution, where all or part of those services must be provided by a physician, a specialized nurse practitioner, or any other health or social services professional determined by regulation of Santé Québec.

A regulation of Santé Québec determines and classifies the groups of services that are comparable to those offered by public institutions. For that purpose, Santé Québec considers, in particular and in addition to the nature of the services, their volume in relation to the scope of services that would normally be provided by a public institution to users having the same characteristics as the clientele for whom the services offered by the enterprise are intended.

This section does not apply to the operation of an enterprise referred to in any of sections 555 to 558 or in section 560. In addition, it does not apply to the operation of

(1)  an intermediate resource or family-type resource;

(2)  a community organization that receives a financial allowance under section 508;

(3)  a private health facility;

(4)  a laboratory governed by the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2);

(5)  a centre for assisted procreation governed by the Act respecting clinical and research activities relating to assisted procreation (chapter A-5.01);

(6)  a religious institution or teaching institution that operates an infirmary where it receives members of its personnel or its students;

(7)  a religious institution that maintains a residential and long-term care facility to receive its members or followers, provided that the number of followers does not exceed 20;

(8)  an Indigenous health and social services centre or residential centre, situated on a reserve, offering local community services or residential and long-term care services funded by the federal government; or

(9)  any other enterprise having characteristics determined by regulation of Santé Québec.

2023, c. 34, s. 559.

Not in force

560. Any community organization offering surgical voluntary termination of pregnancy services on its premises must be authorized for that purpose by Santé Québec.

2023, c. 34, s. 560.

Not in force

CHAPTER II GRANTING OF AUTHORIZATION AND REGULATION OF AUTHORIZED ACTIVITIES

2023, c. 34, c. II.

Not in force

DIVISION I PROVISIONS OF GENERAL APPLICATION

2023, c. 34, Div. I.

Not in force

561. Any person or group intending to carry on activities subject to the obligation to hold an authorization must file an application to that effect with Santé Québec.

Such an application must be sent according to the form and content determined by Santé Québec.

2023, c. 34, s. 561.

Not in force

562. It is up to Santé Québec to determine whether an authorization provided for in this Title should be granted or, where applicable, renewed or modified. In exercising its discretion, Santé Québec takes into account the orientations established by the Minister, and any other factor it considers relevant. It also assesses

(1)  the need in the region for the services proposed by the applicant;

(2)  the impact on the availability of the workforce to ensure continuity of the services offered in the region;

(3)  the applicant’s ability to comply with the obligations arising from any condition Santé Québec intends to impose on them under section 564; and

(4)  in the case of a decision relating to an authorization to operate a specialized medical centre within which non-participating physicians within the meaning of Health Insurance Act (chapter A-29) practise, the impact on the accessibility of insured medical services in the region.

2023, c. 34, s. 562.

Not in force

563. Santé Québec must refuse to grant an authorization to an applicant that does not meet the following conditions:

(1)  the applicant and, in the case of a limited partnership, the general partner:

(a)  is solvent;

(b)  was not the holder of an authorization that, in the three years preceding the application, was the subject of a forced revocation or, if applicable, was not renewed under Chapter III; and

(c)  has no judicial record related to the aptitudes required and appropriate conduct for participating in the operation of a provider of services in the field of health and social services;

(2)  if the applicant is a limited partnership and the general partner is a legal person, its officers and directors have no such judicial record;

(3)  if the applicant is a group other than the one referred to in subparagraph 2, its directors and its officers or any other person exercising functions of the same type have no such judicial record; and

(4)  any other condition that may be prescribed by regulation of Santé Québec.

The following are judicial record entries related to the aptitudes required and appropriate conduct for participating in the operation of a provider of services in the field of health and social services:

(1)  a finding of guilt, within the three years preceding the application, for an offence under this Act, unless a pardon has been obtained, or a proceeding still pending for such an offence; and

(2)  a finding of guilt, within the five years preceding the application, for a criminal offence which, in Santé Québec’s opinion, is related to those aptitudes and that conduct, unless a pardon has been obtained, or a proceeding still pending for such an offence.

Santé Québec must also refuse any request for a transfer of the rights conferred by an authorization where the proposed transferee does not meet the conditions set out in this section.

2023, c. 34, s. 563.

Not in force

564. Santé Québec may, at the time it grants, modifies or, where applicable, renews an authorization, attach to it any condition it considers necessary to ensure supply management that meets the population’s needs.

The purpose of such conditions may include the obligation for the authorization holder

(1)  to remain open a minimum number of hours;

(2)  to offer a minimum provision of certain services; or

(3)  to supply a minimum volume of certain services.

In the case of an authorization for the operation of a specialized medical centre or a private institution within which physicians subject to the application of an agreement under section 19 of the Health Insurance Act (chapter A-29) practise, such a condition may also consist in the obligation for the authorization holder to require some or all of the physicians to undertake to carry on certain activities in a public institution. A regulation of Santé Québec determines the requirements applicable to such undertakings, including the terms on which such undertakings must be made and brought to the attention of the public institution concerned.

2023, c. 34, s. 564.

Not in force

565. Santé Québec may at any time, on its own initiative or at the request of the holder of an authorization to which a condition imposed under section 564 is attached, review the scope of the condition or the relevance of maintaining it.

The application for a review of a condition must describe the condition the applicant wishes to have reviewed and set out the reasons given for the review. It must also include any other information prescribed by regulation of Santé Québec and be filed with the fees determined by the regulation. However, no fees may be required from an applicant that is a community organization.

Before refusing, in whole or in part, a review application made by an authorization holder, Santé Québec must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the holder in writing and grant them at least 10 days to submit observations. The same obligations apply to Santé Québec when, on completion of a review undertaken on its own initiative, it intends to render a decision having the effect of modifying the scope of a condition.

2023, c. 34, s. 565.

Not in force

566. An authorization holder may contest before the Administrative Tribunal of Québec a Santé Québec decision referred to in the third paragraph of section 565 within 60 days after the date on which the decision was notified to the holder.

2023, c. 34, s. 566.

Not in force

567. Where Santé Québec grants or renews an authorization under the provisions of this Title, it issues a document to the authorization holder attesting the decision, for each authorized place of operation.

The document sets out the elements covered by the authorization as well as the date on which the authorization was granted and, where applicable, the date on which it ends. The document includes any other information Santé Québec considers useful.

A new document must be issued to the holder each time an authorization is modified.

2023, c. 34, s. 567.

Not in force

568. The authorization holder must ensure that the document attesting the authorization is posted in public view in any authorized place of operation.

2023, c. 34, s. 568.

Not in force

569. Any person or group that no longer holds an authorization but holds a document attesting such an authorization is required to return the document to Santé Québec without delay.

2023, c. 34, s. 569.

Not in force

570. A transfer of the rights conferred by an authorization is without effect if the transfer is prohibited by the provisions of this Title or, if not, if the transfer was not carried out in compliance with the conditions set out in those provisions.

For the purposes of this Act, a change in the holder of control of the group that holds an authorization is considered a transfer of the rights conferred by the authorization. To determine whether there is a change in the holder of control, sections 6 and 9 to 12 of the Trust Companies and Savings Companies Act (chapter S-29.02) apply, with the necessary modifications.

2023, c. 34, s. 570.

Not in force

571. Where Santé Québec allows, under the provisions of this Title, a transfer of the rights conferred by an authorization, it issues a document attesting the authorization to the transferee.

2023, c. 34, s. 571.

Not in force

572. The authorization holder must ensure that the activities covered by the authorization are carried on in accordance with the authorization and in compliance with any conditions set out in or prescribed under this Act.

2023, c. 34, s. 572.

Not in force

573. The authorization granted by Santé Québec entails the obligation for the holder to carry on the activities covered by the authorization in the premises mentioned in it and, where the holder is not a natural person, to maintain its existence until the full and final revocation of the authorization or until the decision not to renew the authorization is full and final, as applicable.

2023, c. 34, s. 573.

Not in force

DIVISION II PROVISIONS RELATING TO SPECIALIZED MEDICAL CENTRES

2023, c. 34, Div. II.

Not in force

§ 1 . — Authorization

2023, c. 34, Sd. 1.

Not in force

574. Only a person or partnership that meets the conditions set out in section 580 may be authorized by Santé Québec to operate a specialized medical centre. However, Santé Québec must refuse to grant an authorization to such a person or partnership that is in any of the following situations:

(1)  in the case of a physician, in the three years preceding the application, the physician was temporarily struck off the roll or their right to practise was limited or suspended; or

(2)  in the case of a legal person or a partnership, in the three years preceding the application, one of the physicians sitting on its board of directors or its internal management board, as applicable, was temporarily struck off the roll or their right to practise was limited or suspended.

2023, c. 34, s. 574.

Not in force

575. An authorization to operate a specialized medical centre must specify

(1)  the centre’s place of operation;

(2)  the participation status with regard to the health insurance plan of physicians who can practise in the centre;

(3)  the specialized medical treatments that can be provided in the centre;

(4)  the number of operating rooms that can be provided in the centre’s premises; and

(5)  if applicable, the number of beds it can make available to lodge the clientele.

The status referred to in subparagraph 2 of the first paragraph is either that of physicians subject to the application of an agreement entered into under section 19 of the Health Insurance Act (chapter A-29), or that of non-participating physicians within the meaning of that Act. A specialized medical centre within which the former practise is, for the purposes of this Act, designated a “participating specialized medical centre”, and one within which the latter practise is designated a “non-participating specialized medical centre”.

In order to establish the scope of its authorization, Santé Québec takes into account, in addition to the restrictions determined, where applicable, under the second paragraph of section 583, the following restrictions:

(1)  a specialized medical centre’s place of operation may not be situated in a facility maintained by an institution;

(2)  a participating specialized medical centre’s place of operation may not be the same as that of a non-participating specialized medical centre, and vice versa; and

(3)  the number of beds authorized for lodging the clientele may not be greater than 10, or greater than a number that would increase the total number of beds within a single immovable to more than 10.

2023, c. 34, s. 575.

Not in force

576. An authorization to operate a specialized medical centre is valid for a period of five years.

The authorization may also be modified at the holder’s request.

2023, c. 34, s. 576.

Not in force

577. Santé Québec renews the authorization to operate a specialized medical centre at the end of its period of validity, except in the following cases:

(1)  it has revoked the authorization before the end of that period, without the revocation having become final; or

(2)  it has decided not to renew the authorization, in accordance with this Title.

2023, c. 34, s. 577.

Not in force

578. At least 60 days before deciding on the renewal of an authorization to operate a specialized medical centre, Santé Québec must notify the holder that it is beginning the authorization renewal process.

Santé Québec may require the holder to send to it, within the period Santé Québec determines, the information it considers necessary to decide on the renewal.

2023, c. 34, s. 578.

Not in force

579. The rights conferred by a Santé Québec authorization may not be transferred.

2023, c. 34, s. 579.

Not in force

§ 2 . — Operating conditions for specialized medical centres

2023, c. 34, Sd. 2.

Not in force

580. A physician who is a member of the Collège des médecins du Québec is the only natural person who may operate a specialized medical centre. If the authorization holder is a legal person or a partnership, more than 50% of the voting rights attached to the shares of the legal person or the interests in the partnership must be held

(1)  by physicians who are members of that professional order;

(2)  by a legal person or a partnership all of whose voting rights attached to the shares or interests are held either

(a)  by physicians referred to in subparagraph 1; or

(b)  by another legal person or partnership all of whose voting rights attached to the shares or interests are held by such physicians; or

(3)  both by physicians referred to in subparagraph 1 and by a legal person or a partnership described in subparagraph 2.

The affairs of the legal person or the partnership must be administered by a board of directors or an internal management board, as applicable, the majority of whose members are physicians practising within the centre; such physicians must at all times form the majority of the quorum of such a board.

The shareholders of the legal person or the partners of the partnership may not enter into an agreement that restricts the power of the directors of the legal person or the partnership.

A producer or distributor of a good or service related to the field of health and social services, other than a physician who is a member of the Collège des médecins du Québec, may not hold, directly or indirectly, any shares of the legal person or any interest in the partnership if such a good or such a service may be required by the centre’s clientele before, while or after a medical service is provided.

2023, c. 34, s. 580.

Not in force

581. Only physicians whose participation status with regard to the health insurance plan corresponds to that authorized for a specialized medical centre may practise within that centre.

Despite the preceding paragraph, a physician who has become a non-participating professional under the first paragraph of section 259 may not practise within a non-participating specialized medical centre during the period determined under that first paragraph.

2023, c. 34, s. 581.

Not in force

582. The holder of the authorization for the operation of a non-participating specialized medical centre may not allow a physician or dentist who has become a non-practising professional under the first paragraph of section 259 to practise within the centre during the period determined under that paragraph.

2023, c. 34, s. 582.

Not in force

583. Only the following services may be provided within a specialized medical centre:

(1)  subject to a restriction determined under the second paragraph of this section, the medical services necessary for a surgery or any other specialized medical treatment referred to in section 555 and covered by the authorization granted by Santé Québec for the operation of the specialized medical centre;

(2)  the services referred to in section 586 that are associated with such a surgery or specialized medical treatment; and

(3)  the services corresponding to activities that may be carried on in a private health facility.

A regulation of Santé Québec may specify that a surgery or other specialized medical treatment referred to in sections 555 and 584 may be provided only within a non-participating specialized medical centre or a participating specialized medical centre and, in the latter case, only under an agreement entered into under section 528.

2023, c. 34, s. 583.

Not in force

584. Despite the first paragraph of section 583, the holder of the authorization for the operation of a specialized medical centre may, by agreement, allow one or more dentists who are members of the Ordre des dentistes du Québec to provide to their clientele, in the centre’s facilities, the services necessary for maxillo-facial or oral surgeries or for any other specialized medical treatment provided by a dentist that is determined by regulation of Santé Québec and that requires either deep or moderate sedation/analgesia or general anaesthesia.

2023, c. 34, s. 584.

Not in force

585. The holder of an authorization for the operation of a specialized medical centre may administer to a patient deep or moderate sedation/analgesia, general anaesthesia or regional anaesthesia, whether nerve block or block anaesthesia at the root of a limb, excluding digital block, if it is required in order to provide the patient with a specialized medical treatment covered by the authorization.

The authorization holder may also administer such sedation/analgesia or such general anaesthesia to a patient if it is required for the purposes of a specialized medical treatment provided by a dentist with whom the holder has entered into an agreement under section 584.

2023, c. 34, s. 585.

Not in force

586. The holder of the authorization for the operation of a non-participating specialized medical centre must offer to persons who receive a surgery or other specialized medical treatment through the centre, either directly or from a person or a group other than an institution with which the authorization holder has entered into an agreement and to which the holder refers those persons, all the preoperative and postoperative services normally associated with the surgery or other specialized medical treatment, excluding any services associated with complications requiring hospitalization, and all the rehabilitation services and home care support services needed for complete recovery.

The authorization holder must inform any person wishing to receive a surgery or other specialized medical treatment through the centre that they must obtain those preoperative, postoperative, rehabilitation and home care support services through the centre or through a person or group other than an institution. The authorization holder must also inform them of the total foreseeable cost of the services they must obtain.

The obligations under the first and second paragraphs also apply to the holder of the authorization for the operation of a participating specialized medical centre with respect to specialized medical treatments provided within the centre that are non-insured or considered non-insured under the Health Insurance Act (chapter A-29).

The cost of medical services obtained from a person or group under the first or third paragraph may not be assumed by the Régie de l’assurance maladie du Québec.

However, where a surgery or other specialized medical treatment is provided under an agreement referred to in section 521 or through a mechanism for accessing specialized services put in place under section 233, Santé Québec may allow the authorization holder to disregard the obligations under this section.

2023, c. 34, s. 586.

Not in force

587. The holder of an authorization for the operation of a specialized medical centre is required to ensure that recognized practices in the following matters are followed within the centre:

(1)  governance and means suitable for ensuring the quality of services, in particular with regard to their safety, pertinence and effectiveness; and

(2)  governance and means suitable for preventing and controlling infections associated with the provision of services.

Practices considered to be recognized practices include those that meet the standards prescribed by Santé Québec under section 75, where applicable.

2023, c. 34, s. 587.

Not in force

588. It is incumbent on the most senior officer of the holder of an authorization for the operation of a specialized medical centre to see to it that the recognized practices in the matters referred to in subparagraph 2 of the first paragraph of section 587 are followed.

To that end, that officer must entrust to certain persons forming part of the personnel and to certain other persons carrying on their activities within the centre, or to a committee composed of such persons, the responsibilities for seeing to the implementation of those practices, to compliance with the measures for preventing and controlling infections associated with the provision of services, and to the detection of situations contrary to them.

2023, c. 34, s. 588.

Not in force

589. The holder of an authorization for the operation of a specialized medical centre and the territorial institution established for the health region where the centre is operated must, by an agreement entered into under section 518, agree on the terms according to which the territorial institution offers the services of a physician to advise, regarding infection prevention and control, the authorization holder’s most senior officer and the persons or committee that have been entrusted with the responsibilities referred to in the second paragraph of section 588. The territorial institution offers those services taking into account the resources at its disposal and the priorities and needs of the region.

That physician also exercises, within the centre, any other function relating to infection prevention and control that may be prescribed in the regulation made under section 75.

2023, c. 34, s. 589.

Not in force

590. No services insured under the plan established by the Health Insurance Act (chapter A-29) may be provided from a distance by a health professional, within the meaning of that Act, who practises in a participating specialized medical centre, except in the cases and on the conditions that Santé Québec determines by regulation.

2023, c. 34, s. 590.

Not in force

591. The holder of the authorization for the operation of a specialized medical centre must appoint a medical and professional services director. The medical and professional services director must be chosen from among the physicians practising in the centre.

The medical and professional services director, under the authority of the authorization holder, is responsible for

(1)  organizing the medical services and the dental services, where applicable, provided within the centre;

(2)  ensuring the quality and safety of those services;

(3)  seeing that standard medical procedures for all surgeries or other specialized medical treatments provided within the centre are established and complied with; and

(4)  taking any other measure necessary for the proper operation of the centre.

2023, c. 34, s. 591.

Not in force

592. Not later than 31 March each year, the holder of the authorization for the operation of a specialized medical centre must send Santé Québec a report on the centre’s activities for the preceding calendar year. The report must include the name of the medical and professional services director, the name of the family physicians and of the medical specialists, by specialty, who practised within the centre, the number of specialized medical treatments provided within the centre, for each type of treatment entered on the authorization, and any other information required by Santé Québec.

The information provided in the report must not allow a client of the centre to be identified.

2023, c. 34, s. 592.

Not in force

593. A holder of an authorization for the operation of a specialized medical centre that intends to cease activities must, at least 60 days before the projected date of cessation, apply to Santé Québec for the revocation of the authorization.

2023, c. 34, s. 593.

Not in force

594. Santé Québec may, by regulation, prescribe any other operating condition applicable to a specialized medical centre.

2023, c. 34, s. 594.

Not in force

DIVISION III PROVISIONS RELATING TO PRIVATE SENIORS’ RESIDENCES

2023, c. 34, Div. III.

Not in force

§ 1 . — Authorization

2023, c. 34, Sd. 1.

Not in force

595. Only a person or group that meets the health and social criteria prescribed by regulation of Santé Québec and applicable to the category of private seniors’ residences for which the person or group seeks an authorization may be authorized by Santé Québec to operate a residence of that category.

Despite the first paragraph, a temporary authorization may be granted to a person or group that does not meet all the criteria referred to in the first paragraph, in order to give them an opportunity to remedy that failure within the authorization’s period of validity if they nevertheless meet the conditions determined by regulation of Santé Québec.

Where Santé Québec grants a temporary authorization referred to in the second paragraph, it must begin the process to regularize the authorization holder’s situation.

2023, c. 34, s. 595.

Not in force

596. The authorization granted for the operation of a private seniors’ residence must specify the residence’s place of operation and the category or categories to which it belongs.

2023, c. 34, s. 596.

Not in force

597. If the authorization granted for the operation of a private seniors’ residence is temporary, it is valid for up to one year and may not be renewed.

Despite the first paragraph, Santé Québec may extend a temporary authorization’s period of validity for up to one year due to exceptional circumstances, in particular if failure to meet a health and social criterion is attributable to a cause beyond the authorization holder’s control. Santé Québec may attach conditions to the extension. If it does so, such conditions constitute, for the purposes of this Act, operating conditions for the residence.

Santé Québec must, before the period of validity of such an authorization expires, decide whether to grant a regular authorization. For that purpose, it may consider, among other things, the reasons set out in Division I of Chapter III for revoking an authorization to operate a private seniors’ residence.

2023, c. 34, s. 597.

Not in force

598. If the authorization granted for the operation of a private seniors’ residence is a regular authorization, it is valid for a period of four years, and may be renewed.

2023, c. 34, s. 598.

Not in force

599. Santé Québec renews the regular authorization for the operation of a private seniors’ residence at the end of its period of validity, except in the following cases:

(1)  it has revoked the authorization before the end of that period, without the revocation having become final; or

(2)  it has decided not to renew the authorization, in accordance with this Title.

2023, c. 34, s. 599.

Not in force

600. At least six months before deciding on the renewal of a regular authorization for the operation of a private seniors’ residence, Santé Québec must notify the holder that it is beginning the authorization renewal process.

Santé Québec may require the holder to send to it, within the period Santé Québec determines, the information it considers necessary to decide on the renewal.

2023, c. 34, s. 600.

Not in force

601. Before refusing to grant a temporary or regular authorization to operate a private seniors’ residence, Santé Québec must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the applicant in writing and grant them at least 10 days to submit observations.

Santé Québec must notify to the applicant, in writing, its decision to refuse to grant a temporary or regular authorization, as applicable. The applicant may, within 60 days after notification of the decision, contest it before the Administrative Tribunal of Québec.

If Santé Québec’s decision concerns the refusal to issue a regular authorization to the holder of a temporary authorization, sections 632 and 633 and the provisions of Division II of Chapter III apply as if it were a decision to revoke the authorization to operate such a residence.

2023, c. 34, s. 601.

Not in force

602. The authorization referred to in sections 597 and 598 may be modified at the holder’s request.

The rights conferred by such an authorization may be transferred to another person or group only with Santé Québec’s written permission.

A regulation of Santé Québec determines the conditions to be met by the proposed transferee in order for a transfer to be permitted.

2023, c. 34, s. 602.

Not in force

§ 2 . — Operating conditions for private seniors’ residences

2023, c. 34, Sd. 2.

Not in force

603. In addition to the operating conditions set out in this subdivision and those prescribed under the second paragraph, the conditions for operating a private seniors’ residence are, for each category of residences, determined by a regulation of Santé Québec, which must specify, among others, the following elements:

(1)  the health and social criteria with which the authorization holder must comply, including the minimum number of persons required to be present at all times in a residence to ensure proper supervision there;

(2)  the conditions that the staff members and volunteers of such a residence and any other person working within the residence must meet, depending on their duties, in particular with respect to training required and to security conditions, except as regards judicial records, in addition to the information and documents those persons must provide to the authorization holder to enable the holder to verify whether those conditions have been met;

(3)  the tools and procedures to be used to assess the autonomy of the elderly persons who reside or wish to reside in a private seniors’ residence;

(4)  the obligation, for an authorization holder offering for lease a determined number of rooms or dwellings within a private seniors’ residence, to establish a residence life committee, and the functions and composition of such a committee;

(5)  the authorization holder’s obligation to enter into an agreement with Santé Québec concerning the provision of certain services to residents of the region concerned and setting out the obligations of the parties in that respect, as well as the minimum content of such an agreement; and

(6)  the authorization holder’s obligation to communicate information to Santé Québec.

A government regulation determines the entries that must be absent from the judicial record of the persons referred to in subparagraph 2 of the first paragraph who work within a private seniors’ residence, and the information and documents the persons must provide to the authorization holder to enable the holder to verify whether those conditions have been met.

A regulation made under this section may specify the cases where one of its provisions does not apply to the authorization holder. A regulation made under the first paragraph may also specify the cases where one of the provisions of this subdivision does not apply to such a holder. Where applicable, the regulation may determine the conditions applicable to such cases.

2023, c. 34, s. 603.

Not in force

604. Santé Québec may require the holder of the authorization for the operation of a private seniors’ residence to ensure the presence at all times in the residence of a minimum number of persons that is greater than the number prescribed by a regulation made under subparagraph 1 of the first paragraph of section 603, where it considers that the number prescribed by regulation does not ensure proper supervision due to the physical layout of the premises or the type of clientele of the residence.

2023, c. 34, s. 604.

Not in force

605. The holder of an authorization for the operation of a private seniors’ residence is required to ensure that recognized practices in the following matters are followed within the residence:

(1)  governance and means suitable for ensuring the quality of services, in particular with regard to their safety, pertinence and effectiveness; and

(2)  governance and means suitable for preventing and controlling infections associated with the provision of services.

Practices considered to be recognized practices include those that meet the standards prescribed by Santé Québec under section 75, where applicable.

2023, c. 34, s. 605.

Not in force

606. It is incumbent on the most senior officer of the holder of an authorization for the operation of a private seniors’ residence to see to it that the recognized practices in the matters referred to in subparagraph 2 of the first paragraph of section 605 are followed.

To that end, that officer must entrust to certain persons forming part of the personnel and to certain other persons carrying on their activities within the residence, or to a committee composed of such persons, the responsibilities for seeing to the implementation of those practices, to compliance with the measures for preventing and controlling infections associated with the provision of services, and to the detection of situations contrary to them.

2023, c. 34, s. 606.

Not in force

607. The holder of an authorization for the operation of a private seniors’ residence and the territorial institution established for the health region where the institution is operated must, by an agreement entered into under section 518, agree on the terms according to which the territorial institution offers the services of a physician to advise, regarding infection prevention and control, the authorization holder’s most senior officer and the persons or committee that have been entrusted with the responsibilities referred to in the second paragraph of section 606. The territorial institution offers those services taking into account the resources at its disposal and the priorities and needs of the region.

That physician also exercises, within the residence, any other function relating to infection prevention and control that may be prescribed in the regulation made under section 75.

2023, c. 34, s. 607.

Not in force

608. A holder of an authorization for the operation of a private seniors’ residence that wishes to cease activities, even with respect to only a part of the residence, must apply to Santé Québec, at least nine months before the projected date of cessation, for the revocation of all or part of its authorization, as applicable. The holder must attach a cessation-of-activities plan to the application.

The main purpose of the plan is to ensure that the cessation of activities does not compromise the health and safety of the residents. The plan must set out the steps and actions that will be taken by the authorization holder over a period of at least six months preceding the cessation. The plan must include

(1)  the projected date of the cessation of activities;

(2)  the contact information of the persons concerned by the cessation of activities and, where applicable, of their representatives;

(3)  the measures that will be taken by the authorization holder

(a)  to assist in the relocation of the persons concerned who require it; and

(b)  to properly inform the persons concerned and, where applicable, their representatives of the relocation assistance available to them and of any developments in the situation until the cessation of activities; and

(4)  any other element determined by regulation of Santé Québec.

If Santé Québec considers that the plan does not meet the requirements of the second paragraph, it must, in writing and within 30 days after receiving the plan, notify the authorization holder and provide the latter with the reasons in support of its conclusion in order for the holder to revise the plan as soon as possible.

Santé Québec must approve the authorization holder’s cessation-of-activities plan, with or without amendment, within three months after receiving it. Before approving a plan with amendment, Santé Québec must grant the holder a period of at least 10 days to submit observations. The holder must comply with the plan approved by Santé Québec.

All notices that, under the rules set out in the Civil Code respecting the lease of a dwelling, must be given to the lessees prior to the cessation of activities are without effect if they are sent before the cessation-of-activities plan is approved by Santé Québec.

This section does not apply where the rights conferred by an authorization to operate a residence are transferred, with Santé Québec’s permission, to a third person.

2023, c. 34, s. 608.

Not in force

609. In the case of the alienation of a congregate residential facility in which a private seniors’ residence is operated or in the case of the extinction of the title of the lessor of that facility, section 608 applies, with the necessary modifications, to the new lessor, who, with respect to the lessees of that residence, has the rights and obligations arising from their leases if the former operator of the residence did not send the required cessation-of-activities plan to Santé Québec for approval in accordance with that section before the alienation of the facility or the extinction of the lessor’s title.

2023, c. 34, s. 609.

Not in force

610. On 31 March each year, the holder of the authorization for the operation of a private seniors’ residence must file a return with Santé Québec, in the form determined by Santé Québec, updating the information that Santé Québec prescribes by regulation.

2023, c. 34, s. 610.

Not in force

DIVISION IV PROVISIONS RELATING TO RESOURCES OFFERING LODGING

2023, c. 34, Div. IV.

Not in force

611. The provisions of Division III apply, with the necessary modifications, to the authorization and operating conditions for resources offering lodging.

2023, c. 34, s. 611.

Not in force

DIVISION V PROVISIONS RELATING TO PRIVATE INSTITUTIONS

2023, c. 34, Div. V.

Not in force

§ 1 . — Authorization

2023, c. 34, Sd. 1.

Not in force

612. An authorization to operate a private institution must specify

(1)  the name of the institution;

(2)  the group of services comparable to one of the groups of services that may be offered by a public institution and provided within it, and the class or classes from among those established under the second paragraph of section 559 to which those services belong;

(3)  the location of the facility or facilities in which the services will be provided;

(4)  the number of beds that can be made available in each of the facilities to lodge users of the institution, if applicable; and

(5)  the name under which each facility will be operated, which may differ from the name of the institution itself.

2023, c. 34, s. 612.

Not in force

613. An authorization to operate a private institution is valid as long as it is not revoked.

The authorization may be modified at the holder’s request. It must be modified by Santé Québec when a decision rendered under section 358 requires that its scope be modified.

The rights conferred by such an authorization may be transferred to a third person only with Santé Québec’s written permission.

2023, c. 34, s. 613.

Not in force

§ 2 . — Operating conditions for private institutions

2023, c. 34, Sd. 2.

Not in force

614. The holder of the authorization for the operation of a private institution must comply with all the provisions of this Act that are applicable to private institutions.

In addition, the holder may offer residential and long-term care services only if the institution is under agreement.

2023, c. 34, s. 614.

Not in force

615. The holder of an authorization for the operation of a private institution may administer to a user deep or moderate sedation/analgesia, general anaesthesia or regional anaesthesia, whether nerve block or block anaesthesia at the root of a limb, excluding digital block, if it is required in order to provide the user with a service belonging to a group of services, determined under the second paragraph of section 559, that is comparable to hospital services.

2023, c. 34, s. 615.

Not in force

616. The provisions of section 608 apply, with the necessary modifications, where the holder of the authorization for the operation of a private institution that offers users lodging services, other than lodging services required by users admitted for short-term care, intends to cease offering those services.

2023, c. 34, s. 616.

Not in force

DIVISION VI PROVISIONS APPLICABLE TO COMMUNITY ORGANIZATIONS OFFERING SURGICAL VOLUNTARY TERMINATION OF PREGNANCY SERVICES

2023, c. 34, Div. VI.

Not in force

§ 1 . — Authorization

2023, c. 34, Sd. 1.

Not in force

617. The authorization granted to a community organization to allow it to provide surgical voluntary termination of pregnancy services must specify the location of the premises where the services may be provided.

The authorization is valid as long as it is not revoked. It may also be modified at the holder’s request.

The rights conferred by such an authorization may be transferred to another community organization only with Santé Québec’s written permission.

2023, c. 34, s. 617.

Not in force

§ 2 . — Conditions for provision of services

2023, c. 34, Sd. 2.

Not in force

618. A community organization offering voluntary termination of pregnancy services is required to ensure that recognized practices in the following matters are followed for the purposes of the provision of such services:

(1)  governance and means suitable for ensuring the quality of services, in particular with regard to their safety, pertinence and effectiveness; and

(2)  governance and means suitable for preventing and controlling infections associated with the provision of services.

Practices considered to be recognized practices include those that meet the standards prescribed by Santé Québec under section 75, where applicable.

2023, c. 34, s. 618.

Not in force

619. It is incumbent on the most senior officer of the community organization offering voluntary termination of pregnancy services to see to it that the organization follows the recognized practices in the matters referred to in subparagraph 2 of the first paragraph of section 618.

To that end, that officer must entrust to certain persons forming part of the personnel and to certain other persons carrying on their activities within the organization, or to a committee composed of such persons, the responsibilities for seeing to the implementation of those practices, to compliance with the measures for preventing and controlling infections associated with the provision of services, and to the detection of situations contrary to them.

2023, c. 34, s. 619.

Not in force

620. A community organization offering voluntary termination of pregnancy services and the territorial institution established for the health region where the organization offers those services must, by an agreement entered into under section 518, agree on the terms according to which the territorial institution offers the services of a physician to advise, regarding infection prevention and control, the organization’s most senior officer and the persons or committee that have been entrusted with the responsibilities referred to in the second paragraph of section 619. The territorial institution offers those services taking into account the resources at its disposal and the priorities and needs of the region.

That physician also exercises, within the organization, any other function relating to infection prevention and control that may be prescribed in the regulation made under section 75.

2023, c. 34, s. 620.

Not in force

621. A community organization offering voluntary termination of pregnancy services must entrust one or more professionals practising within the organization with the following responsibilities according to their respective competencies:

(1)  organizing the services in the field of health and social services that are provided by the organization;

(2)  ensuring the quality and safety of those services;

(3)  seeing that standard clinical procedures are put in place and complied with; and

(4)  assuming any other responsibility entrusted to them by the organization.

2023, c. 34, s. 621.

Not in force

CHAPTER III SUSPENSION OR REVOCATION OF, OR REFUSAL TO RENEW, AN AUTHORIZATION

2023, c. 34, c. III.

Not in force

DIVISION I GENERAL PROVISIONS

2023, c. 34, Div. I.

Not in force

622. An authorization granted under the provisions of this Title is revoked by Santé Québec acting on its own initiative or on an application by the authorization holder.

Revocation is said to be voluntary if pronounced by Santé Québec on an application by the authorization holder; it is said to be forced in all other cases.

When so provided by this Act, Santé Québec may also suspend or decide not to renew an authorization.

2023, c. 34, s. 622.

Not in force

623. Revocation is full, that is, it has effect with regard to all activities covered by the authorization, unless it is partial.

Partial revocation has effect with regard to all the activities carried on in some of the places, facilities or premises covered by the authorization, or all the activities necessary for the provision of all the services belonging to some of the classes covered by the authorization.

The same applies to the suspension of and the decision not to renew an authorization.

2023, c. 34, s. 623.

Not in force

624. The revocation, even partial, of the authorization becomes final when the authorization holder is no longer a debtor to the holder’s users or clients, as applicable, with respect to any service the holder undertook to provide in carrying on the activities covered by the authorization and, where applicable, the holder has met the cessation-of-activities conditions provided for under the second paragraph of section 632.

The same applies to a decision not to renew an authorization.

2023, c. 34, s. 624.

Not in force

625. A person or group remains the holder of an authorization as long as the revocation of or the decision not to renew the authorization is not final, despite the expiry of the period of validity of the authorization.

However, the authorization holder may neither undertake to provide any service to a new user or new client in carrying on the activities covered by the authorization so revoked or which has not been renewed, nor offer to provide such a service, except to respect a right conferred on a client or user under a contract or this Act at the date of the revocation or of the decision not to renew the authorization.

A suspension produces the same effects for its duration.

2023, c. 34, s. 625.

Not in force

DIVISION II REASONS FOR SUSPENSION, FORCED REVOCATION AND REFUSAL TO RENEW, AND SANTÉ QUÉBEC DECISIONS

2023, c. 34, Div. II.

Not in force

626. Santé Québec may revoke any authorization granted under the provisions of this Title for one of the following reasons:

(1)  the authorization holder no longer meets the conditions set out in or prescribed under those provisions for obtaining such an authorization;

(2)  the activities covered by the authorization are not carried on in accordance with the authorization or in compliance with the conditions set out in or prescribed under those provisions;

(3)  the authorization holder fails to fulfill the obligations imposed upon them, in their capacity as an authorization holder, by or under those provisions;

(4)  Santé Québec is of the opinion that the services in the field of health and social services offered or provided by the authorization holder are inadequate;

(5)  Santé Québec is of the opinion that the authorization holder is engaging in practices or tolerating a situation that could pose a threat to the health or well-being of persons who receive or could receive the holder’s services; or

(6)  the authorization holder is about to become insolvent.

Santé Québec may, for the same reasons, decide not to renew the authorization granted for the operation of a specialized medical centre, or a regular authorization granted for the operation of a private seniors’ residence or of a resource offering lodging. It may also, for the same reasons, suspend the authorization granted for the operation of a specialized medical centre or private institution or to a community organization offering voluntary termination of pregnancy services.

2023, c. 34, s. 626.

Not in force

627. In addition to the reasons set out in section 626, Santé Québec may suspend, revoke or decide not to renew the authorization granted for the operation of a specialized medical centre for one of the following reasons:

(1)  in the opinion of the board of directors of a professional order, the quality or safety of the professional services provided within the centre by members of the order is not adequate;

(2)  the authorization holder or any of the physicians practising within the specialized medical centre has been found guilty of an offence under the fourth or ninth paragraph of section 22 or under section 22.0.0.1 of the Health Insurance Act (chapter A-29), as applicable, for an act or omission that concerns the centre; or

(3)  the authorization holder fails to maintain control over the operation of the centre, in particular if Santé Québec finds that the authorization holder is not the owner or lessee of the centre’s facilities, is not the employer of the personnel required for the operation of the centre or does not have the authority required to allow physicians who apply to practise in the centre to do so.

Santé Québec may also suspend or revoke the authorization granted for the operation of a private institution or the authorization granted to a community organization offering voluntary termination of pregnancy services where an opinion similar to the one referred to in subparagraph 1 of the first paragraph is issued with regard to the professional services provided within the institution or on behalf of the community organization.

2023, c. 34, s. 627.

Not in force

628. In addition to the reasons set out in section 626 and, where applicable, the second paragraph of section 627, Santé Québec may revoke or suspend the authorization granted for the operation of a private institution, revoke the authorization granted for the operation of a private seniors’ residence or of a resource offering lodging, or decide not to renew the regular authorization granted for the operation of such a residence or such a resource where the authorization holder fails to take the necessary means to put an end to any case of maltreatment, within the meaning of the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3), that has been brought to the holder’s attention.

2023, c. 34, s. 628.

Not in force

629. In addition to the reasons set out in section 626, the second paragraph of section 627 and section 628, Santé Québec may revoke or suspend the authorization granted for the operation of a private institution if its holder is engaging in practices or tolerating a situation that are inconsistent with the pursuit of the institution’s mission.

2023, c. 34, s. 629.

Not in force

630. If Santé Québec finds, with regard to an authorization holder, that there are grounds for suspension or forced revocation of, or a decision not to renew, the holder’s authorization, it may, instead of suspending, revoking or deciding not to renew the authorization, order the holder to take, within the period determined by Santé Québec, the corrective measures required to put an end to the situation that led to the suspension or revocation of, or decision not to renew, the authorization. If such corrective measures cannot be applied in the case of the grounds noted, Santé Québec may accept a voluntary undertaking from the authorization holder to comply with the requirements of this Act or the regulations.

If the authorization holder fails either to take the corrective measures within the period determined by and to the satisfaction of Santé Québec or to comply with the holder’s undertaking, Santé Québec may suspend, revoke or refuse to renew the authorization.

2023, c. 34, s. 630.

Not in force

631. Before suspending, ordering the forced revocation of or deciding not to renew an authorization, Santé Québec must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the holder in writing and grant them at least 10 days to submit observations.

If the notice concerns the holder of an authorization for the operation of a specialized medical centre, it must mention that the prohibition against remuneration set out in the first paragraph of section 22.0.0.0.1 of the Health Insurance Act (chapter A-29) applies. The notice may be sent to the physicians and the dentists, where applicable, practising within the centre concerned.

2023, c. 34, s. 631.

Not in force

632. Any decision made by Santé Québec not to renew an authorization or concerning its forced revocation must specify the time limit within which the holder must cease activities. In the case of a specialized medical centre, the decision must also mention the information referred to in the second paragraph of section 631.

Such a decision may also be subject to conditions for the cessation of activities. Those conditions may include

(1)  despite any provision to the contrary, the obligation to allow any person designated by Santé Québec to have access, at any time, to any premises where authorized activities are carried on, including any rooms or dwellings situated in a private seniors’ residence;

(2)  the obligation to inform Santé Québec in advance of the relocation of any person who is lodged by a private institution or by a resource offering lodging or who resides in a private seniors’ residence, providing their name, the name of their representative, where applicable, and the address of the new place where they are lodged or of their residence; and

(3)  any other measure required to ensure the well-being of those persons or residents.

2023, c. 34, s. 632.

Not in force

633. Santé Québec’s decision not to renew an authorization or concerning its suspension or forced revocation must be notified in writing to the holder. In the case of a specialized medical centre, a reproduction of the decision is sent without delay to the Régie de l’assurance maladie du Québec, which, on receiving it, informs the physicians and the dentists, where applicable, practising within the centre concerned that the prohibition against remuneration set out in the first paragraph of section 22.0.0.0.1 of the Health Insurance Act (chapter A-29) applies.

2023, c. 34, s. 633.

Not in force

634. An operator whose authorization is suspended, is the subject of a forced revocation or is not renewed may contest Santé Québec’s decision before the Administrative Tribunal of Québec within 60 days after the date on which the decision was notified to the operator.

2023, c. 34, s. 634.

Not in force

DIVISION III VOLUNTARY REVOCATION

2023, c. 34, Div. III.

Not in force

635. Santé Québec may revoke an authorization on an application by its holder only if

(1)  the applicant has made the necessary arrangements for at least one other holder of an appropriate authorization to succeed the applicant in the activities covered by the authorization whose revocation is being applied for, and that other holder becomes a debtor to the users or clients, as applicable, with regard to any service the applicant undertook to provide in carrying on those activities; or

(2)  the applicant is able to provide its users or clients, as applicable, with the services the applicant undertook to provide in carrying on the activities covered by the authorization whose revocation is being applied for until the revocation is final and, if applicable, a cessation-of-activities plan has been approved under section 608 with regard to those activities.

2023, c. 34, s. 635.

Not in force

636. An authorization holder wishing to have the authorization revoked must make an application to Santé Québec for that purpose.

The application must specify whether it is for a full revocation or, if it is for a partial revocation, it must list the places, facilities, premises or classes to which the revocation would apply.

The application must also set out, if applicable, the arrangements made for at least one other holder of an appropriate authorization to succeed the applicant in the activities covered by the authorization whose revocation is being applied for.

The application must also include any other information determined by a regulation of Santé Québec.

2023, c. 34, s. 636.

Not in force

637. Santé Québec grants an application for revocation only if the applicant demonstrates that they meet one of the conditions set out in section 635.

A decision by Santé Québec to grant an application for revocation may be subject to any cessation-of-activities condition that may be determined under section 632.

Santé Québec sends the applicant a document attesting its decision where it grants the application for revocation. The decision must also mention the information referred to in the second paragraph of section 631.

2023, c. 34, s. 637.

Not in force

DIVISION IV CONSEQUENCES OF SUSPENSION OR REVOCATION OF, OR REFUSAL TO RENEW, AN AUTHORIZATION

2023, c. 34, Div. IV.

Not in force

638. An operator that receives a decision by which Santé Québec suspends, revokes or does not renew the authorization must immediately inform its clientele. In addition, it must cease activities within the period and, where applicable, in accordance with the conditions prescribed by Santé Québec under section 632 or 637.

2023, c. 34, s. 638.

Not in force

639. The costs, fees and expenses incurred by Santé Québec to apply the conditions for the cessation of activities may be claimed from the operator.

2023, c. 34, s. 639.

Not in force

640. Any person bound by a lease of a dwelling to the operator of a private seniors’ residence whose authorization Santé Québec has revoked or decided not to renew may, after giving the operator at least 15 days’ prior notice, resiliate the lease. The notice must include the date on which the person will leave the room or dwelling. The lease is resiliated by operation of law as of that date. The notice must be sent not later than 60 days after the activities of the residence cease.

A person who resides in a private seniors’ residence referred to in the first paragraph may also pursue the remedies provided for in article 1863 of the Civil Code against the operator.

No operator of a private seniors’ residence may claim compensation from a person on the grounds of the resiliation of a lease under this section.

2023, c. 34, s. 640.

Not in force

641. Santé Québec must take the necessary means to ensure that any person lodged by a private institution or by a resource offering lodging or who resides in a private seniors’ residence is informed of the cessation of the activities of the institution, resource or residence.

To that end, Santé Québec may require the operator to provide the contact information of those persons and, if applicable, of their representatives.

2023, c. 34, s. 641.

Not in force

CHAPTER IV INFORMATION TO BE PUBLISHED

2023, c. 34, c. IV.

Not in force

642. Santé Québec publishes on a website the following information concerning any authorization it grants under this Title:

(1)  the name of the authorization holder;

(2)  the information contained in the document attesting the holder’s authorization;

(3)  the conditions imposed under section 564, where applicable; and

(4)  any other information Santé Québec considers of public interest.

2023, c. 34, s. 642.

Not in force

CHAPTER V MISCELLANEOUS PROVISIONS

2023, c. 34, c. V.

Not in force

643. In addition to the other regulatory powers provided for in the provisions of this Title and subject to those conferred on other regulatory authorities, Santé Québec may prescribe, by regulation,

(1)  any condition that must be met in order for an application for authorization or an application for the renewal or modification of an authorization to be considered by Santé Québec, such as the qualifications required of the applicant, as well as the fees, information and documents that must be submitted with the application, including, in the latter two cases, those necessary for Santé Québec’s verification of the judicial record entries referred to in section 563;

(2)  any condition relating to the carrying on of authorized activities, such as the obligation to maintain general or professional civil liability insurance coverage for a determined amount;

(3)  any obligation incumbent on the authorization holder such as the periodic transmission to Santé Québec of information, activity reports, statements and statistical data;

(4)  the names under which only activities subject to Santé Québec authorization under this Title may be carried on; and

(5)  the provisions of a regulation made by Santé Québec under this Title whose violation constitutes an offence and renders the offender liable to the fine provided for in section 815.

No regulation made under this section may impose any fees for the issue or renewal of an authorization for the operation of a resource offering lodging if the applicant or authorization holder is a non-profit organization, or for voluntary termination of pregnancy services offered by a community organization.

2023, c. 34, s. 643.

Not in force

644. Santé Québec may require any holder of an authorization to send it, in the form and at the intervals it determines, the activity reports, statements, statistical data and other information it considers appropriate for the exercise of its functions.

The Minister may require Santé Québec to send the information or a reproduction of the documents to the Minister.

The information referred to in the first paragraph is public, subject to the protection of any personal information it contains. The same applies to any information required to be sent to Santé Québec under subparagraph 3 of the first paragraph of section 643.

However, despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no one may have access to the information before it is sent to Santé Québec.

2023, c. 34, s. 644.

Not in force

645. Santé Québec must enter into a framework agreement with the Minister of Public Security to establish the procedures that Québec police forces will be called on to follow in order to verify, for Santé Québec or the holder of an authorization for the operation of a private seniors’ residence or of a resource offering lodging, compliance with subparagraph c of subparagraph 1 of the first paragraph of section 563 and the security conditions prescribed by regulation of Santé Québec.

2023, c. 34, s. 645.

Not in force

646. No information required to be sent to Santé Québec under section 644 or a regulation made under subparagraph 3 of the first paragraph of section 643 may allow a user or a client to be identified.

2023, c. 34, s. 646.

Not in force

TITLE II ASSISTANCE, MONITORING AND CONTROL MEASURES

2023, c. 34, Tit. II.

Not in force

CHAPTER I ASSISTANCE AND SUPPORT

2023, c. 34, c. I.

Not in force

647. If the holder of an authorization for the operation of a private institution, a private seniors’ residence or a resource offering lodging is experiencing difficulties with respect to the quality of the services the authorization holder provides or with respect to the administration, organization or operation of the institution, residence or resource, Santé Québec may provide assistance and support to the authorization holder.

Such assistance and support must be the subject of an agreement between Santé Québec and the authorization holder, which must stipulate, among other things, the nature, duration and expected results of the assistance and support.

An authorization holder that has received assistance and support must report to Santé Québec on any developments in the situation.

2023, c. 34, s. 647.

Not in force

648. If the holder of an authorization for the operation of a private institution is experiencing difficulties that seriously compromise either the quality of the health services or social services the authorization holder provides or the holder’s administration, organization or operation, Santé Québec may appoint up to two observers for a period it determines.

The observers may attend all meetings of the authorization holder’s board of directors and of any committee of the holder, where applicable.

The observers submit their observations to Santé Québec, which determines the recommendations to be made to the authorization holder. Santé Québec may also require the holder to provide it with an action plan for implementing the recommendations.

2023, c. 34, s. 648.

Not in force

649. When deciding on the suspension or the voluntary or forced revocation of an authorization for the operation of a private institution offering lodging services, a resource offering lodging or a private seniors’ residence, Santé Québec must ensure that a person who is lodged by the institution or the resource, or who resides in the residence, receives relocation assistance if the person requires it.

2023, c. 34, s. 649.

Not in force

CHAPTER II VERIFICATION OF THE QUALITY AND SAFETY OF CERTAIN SERVICES

2023, c. 34, c. II.

Not in force

650. Santé Québec may request an opinion from the board of directors of a professional order on the quality and safety of the professional services provided by the members of the order in a specialized medical centre, in a private institution or on behalf of a community organization offering voluntary termination of pregnancy services on its premises.

Santé Québec may also require an opinion from the board of directors of a professional order on the standards to be followed to improve the quality and safety of the professional services provided by the members of the order in such a centre or institution or on behalf of such an organization.

2023, c. 34, s. 650.

Not in force

CHAPTER III PROVISIONAL ADMINISTRATION

2023, c. 34, c. III.

Not in force

651. Santé Québec may designate a person to assume, for a period not exceeding 180 days, the provisional administration of a private institution, a private seniors’ residence or a resource offering lodging, where

(1)  the operator no longer satisfies the conditions required for obtaining the authorization it holds or Santé Québec has suspended the authorization, ordered its forced revocation or not renewed it;

(2)  the operator failed to take the corrective measures ordered by Santé Québec under section 630 within the period determined by Santé Québec or to its satisfaction, or failed to comply with the undertaking made under that section;

(3)  the operator has not satisfied a cessation-of-activities condition imposed on the operator under section 632 or 637;

(4)  the operator fails to take the necessary means to put an end to any case of maltreatment, within the meaning of the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3), that has been brought to the operator’s attention;

(5)  the operator engages in practices or tolerates a situation that, in Santé Québec’s opinion, could pose a threat to the health or well-being of persons who receive or could receive services from the operator, or that are inconsistent with the pursuit of the operator’s mission; or

(6)  the operator is experiencing difficulties that, in Santé Québec’s opinion, seriously compromise either the quality of the services in the field of health and social services that it provides or its administration, organization or operation.

Santé Québec may extend the duration of the provisional administration for a period not exceeding 180 days.

2023, c. 34, s. 651.

Not in force

652. Where Santé Québec designates a person to assume the provisional administration of a private institution, of a private seniors’ residence or of a resource offering lodging, it indicates whether all or certain of the operator’s powers are suspended.

If deprived of certain powers, the operator continues to exercise those powers that were not suspended.

At all times, the operator continues to exercise the operator’s powers with regard to activities other than activities related to the operation of the private institution, residence or resource, where applicable.

2023, c. 34, s. 652.

Not in force

653. The provisional administrator must, as soon as possible, send a preliminary report of their findings to Santé Québec, together with recommendations.

Santé Québec sends a copy of the preliminary report to the operator and grants the operator at least 15 days to submit observations.

2023, c. 34, s. 653.

Not in force

654. Santé Québec may, on the basis of the preliminary report sent by the provisional administrator and of the recommendations made by the latter and after taking into consideration the operator’s observations, take any of the following measures:

(1)  require that conditions it considers appropriate be met in order for the authorization to be maintained, or prescribe a time limit for remedying the situation;

(2)  order the provisional administrator to continue to administer the private institution or private seniors’ residence or the resource offering lodging; or

(3)  order the provisional administrator to relinquish their administration.

Where Santé Québec orders the continuation of the provisional administration, the administrator must send a final report to Santé Québec on ascertaining that the situation that gave rise to that administration is remedied or that it will not be possible to remedy it.

2023, c. 34, s. 654.

Not in force

655. After receiving the provisional administrator’s final report, Santé Québec may take any of the following measures:

(1)  terminate the provisional administration on the date it determines;

(2)  exercise any power conferred on it by section 654;

(3)  in the case of a private institution under agreement, declare the members of its board of directors forfeited of office, where applicable, and provide for the appointment of their replacements; or

(4)  revoke the authorization in accordance with the provisions of Chapter III of Title I.

2023, c. 34, s. 655.

Not in force

656. The costs, fees and expenses of the provisional administration are borne by the operator concerned.

2023, c. 34, s. 656.

Not in force

657. No judicial proceedings may be brought against a provisional administrator for any act performed or omitted in good faith in the exercise of their functions.

2023, c. 34, s. 657.

Not in force

CHAPTER IV EVACUATION

2023, c. 34, c. IV.

Not in force

658. Santé Québec may evacuate and relocate the persons lodged by a specialized medical centre, a private institution or a resource offering lodging, or who reside in a private seniors’ residence, where Santé Québec has reasonable grounds to believe that the holder of the authorization for the operation of the centre, institution, resource or residence is engaging in practices or tolerating a situation, including acts of negligence or violence, that constitute a danger to the health or safety of those persons.

Before proceeding, Santé Québec must notify an evacuation order setting out the reasons for the evacuation to the authorization holder in writing and allow the holder to submit observations within a period determined by Santé Québec. It must also take the necessary means to inform the persons concerned and, to that end, it may require the operator to provide the contact information of those persons and, if applicable, of their representatives. If a danger is imminent, the reasons for the evacuation may first be transmitted verbally, and then be notified in writing once the evacuation has been completed.

Once the evacuation order has been notified, any person designated by Santé Québec may, at any time and until the evacuation has been completed, have access to any place of operation covered by the order, including any rooms or dwellings.

If the situation calls for the evacuation of all persons lodged in a place of operation or of all persons who reside in that place, the holder’s authorization ceases to have effect on the issue of the evacuation order and until the holder demonstrates to Santé Québec’s satisfaction that the practices or situations referred to in the first paragraph have been remedied, unless Santé Québec revokes the authorization in accordance with the provisions of Chapter III of Title I.

The costs, fees and expenses incurred by Santé Québec as a result of the evacuation and relocation procedure may be claimed from the authorization holder.

2023, c. 34, s. 658.

Not in force

659. A person evacuated from a private seniors’ residence under section 658 is exempted from paying rent for the evacuation period. Unless Santé Québec revokes the authorization of the holder of the authorization for the operation of the residence in accordance with the provisions of Chapter III of Title I, as soon as the situation making the evacuation and relocation necessary is remedied to Santé Québec’s satisfaction, the authorization holder is required to notify the evacuated person, if the person has informed the holder of their new address. The person is then required to notify the holder within 10 days as to whether or not they intend to move back into the room or dwelling. If the person refuses to move back into the room or dwelling or did not inform the holder of their new address or their intention to move back into the room or dwelling, the lease is resiliated by operation of law. The person retains all other remedies under the lease against the holder, including the right to claim damages.

The authorization holder may not claim any compensation from a person on the grounds of the resiliation of a lease under this section.

2023, c. 34, s. 659.

Not in force

660. Santé Québec may evacuate and relocate the persons lodged by the operator of an enterprise that offers services referred to in section 555, 558 or 559 or who reside in a congregate residential facility in which the services of an enterprise referred to in section 557 are offered, where the enterprise is operated without authorization. In such a case, the second, third and fifth paragraphs of section 658 and section 659 apply, with the necessary modifications.

2023, c. 34, s. 660.

Not in force

661. A person to whom a Santé Québec decision rendered under section 660 is notified may contest it before the Administrative Tribunal of Québec.

Santé Québec may, if no proceeding was brought within 10 days after notification of the decision and after obtaining the authorization of the Tribunal, evacuate and relocate the persons referred to in section 660.

However, if Santé Québec’s decision is contested before the Tribunal, Santé Québec cannot act before a decision is rendered by the Tribunal.

The second and third paragraphs do not apply when Santé Québec carries out an evacuation based on the grounds set out in the first paragraph of section 658.

2023, c. 34, s. 661.

Not in force

TITLE III PROHIBITED PRACTICES

2023, c. 34, Tit. III.

Not in force

662. No one may administer to a patient deep or moderate sedation/analgesia, general anaesthesia or regional anaesthesia, whether nerve block or block anaesthesia at the root of a limb, excluding digital block, unless it is administered in accordance with section 585 or 615.

The first paragraph does not prevent the provision of the care referred to in that paragraph within a public institution.

2023, c. 34, s. 662.

Not in force

663. A physician or dentist who has become a non-practising professional under the first paragraph of section 259 may not, during the period determined under that paragraph, practise within a specialized medical centre.

2023, c. 34, s. 663.

Not in force

664. No one may operate an enterprise or carry on activities for which Santé Québec’s authorization is required, or lead others to believe, in any way, that they are authorized to do so, unless they hold such an authorization.

2023, c. 34, s. 664.

Not in force

665. No one may carry on an activity under a name containing the words “private seniors’ residence” or “specialized medical centre”, unless they hold an authorization for the operation of, as applicable, a private seniors’ residence or a specialized medical centre.

2023, c. 34, s. 665.

Not in force

666. No one may operate a facility or engage in an activity under a name containing the words “youth centre”, “local community service centre”, “hospital centre”, “hospital”, “child and youth protection centre”, “social service centre”, “residential and long-term care centre”, “rehabilitation centre”, “health and social services centre”, “seniors home”, “alternative home” or “reception centre” unless they hold an authorization for the operation of a private institution.

The first paragraph does not prevent the use, in the name of a foundation of an institution within the meaning of section 120, of the institution’s name, or the use of the words “veterinary hospital” in a name. Nor does the first paragraph prevent the use of the words listed in it in the name of a person or group whose activities are not likely to be confused with the activities inherent in those carried on within an institution, provided that Santé Québec’s authorization has been obtained.

The prohibition set out in the first paragraph does not apply to Santé Québec or to grouped institutions.

2023, c. 34, s. 666.

Not in force

667. No one may carry on activities under a name containing a word whose use is, under a regulation of Santé Québec, reserved for the carrying on of activities for which a Santé Québec authorization is required unless they hold such an authorization.

2023, c. 34, s. 667.

Not in force

TITLE IV REGULATION OF PERSONNEL PLACEMENT AGENCIES’ SERVICES, INDEPENDENT LABOUR AND CERTAIN ACTIVITIES OF PRIVATE HEALTH FACILITIES

2023, c. 34, Tit. IV.

Not in force

CHAPTER I PERSONNEL PLACEMENT AGENCIES AND INDEPENDENT LABOUR

2023, c. 34, c. I.

Not in force

668. No provider of services in the field of health and social services may call on a personnel placement agency’s services or on independent labour, except to the extent prescribed by government regulation.

The Government may, in particular,

(1)  define what constitutes a personnel placement agency and independent labour;

(2)  set the period during which a provider may call on a personnel placement agency’s services or on independent labour;

(3)  establish a maximum hourly rate for any day of work performed by a member of a personnel placement agency’s personnel or by independent labour for any position title or any job class the Government identifies and whose services correspond to the tasks of a provider’s personnel;

(4)  determine the obligations incumbent on a provider, a personnel placement agency or independent labour;

(5)  establish any other term or condition relating to the use of a personnel placement agency’s services or independent labour;

(6)  determine the administrative measures applicable if the provisions of a regulation made under this section are not complied with; and

(7)  identify, among the provisions of a regulation made under this section, those whose violation constitutes an offence and renders the contravening person liable to the fine provided for in section 816.

The provisions of a government regulation may vary depending on the categories of providers, the sectors of activity of personnel placement agencies or of independent labour, the classes of personnel, the job titles, the health regions or the territories the Government determines.

A private institution, an intermediate resource, a family-type resource, a private seniors’ residence, a palliative care hospice that holds an accreditation issued by Santé Québec under section 511, or a religious institution that operates an infirmary or maintains a residential and long-term care facility to receive its members or followers are providers of services in the field of health and social services governed by this chapter.

2023, c. 34, s. 668.

Not in force

669. In exceptional circumstances, the Minister may, on the Minister’s own initiative with regard to a provider of services in the field of health and social services or at the request of such a provider, grant an authorization allowing the provider, for the period the Minister determines, to call on a personnel placement agency’s services or on independent labour. If the Minister considers it appropriate, the Minister may renew the authorization for any period the Minister determines.

The provisions of a regulation made under section 668 apply to the provider referred to in the first paragraph during any period determined by the Minister, with the necessary modifications. The Minister may, if the Minister considers it necessary, attach to the authorization or to the authorization’s renewal any conditions in addition to those prescribed by such a regulation.

2023, c. 34, s. 669.

Not in force

CHAPTER II PRIVATE HEALTH FACILITY

2023, c. 34, c. II.

Not in force

670. No services insured under the plan established by the Health Insurance Act (chapter A-29) may be provided from a distance by a health professional, within the meaning of that Act, who practises in a private health facility, except in the cases and on the conditions that Santé Québec determines by regulation.

2023, c. 34, s. 670.

Not in force

PART VII COMPLAINTS AND SERVICE QUALITY

2023, c. 34, Part VII.

Not in force

TITLE I COMPLAINT EXAMINATION REGIME

2023, c. 34, Tit. I.

Not in force

CHAPTER I FILING OF COMPLAINTS AND THEIR HANDLING BY A SERVICE QUALITY AND COMPLAINTS COMMISSIONER

2023, c. 34, c. I.

Not in force

671. Any person may file a complaint with Santé Québec with regard to the health services or social services that fall under the jurisdiction of a public institution.

Any person may also file a complaint with Santé Québec with regard to services in the field of health and social services that an authorization holder or another provider to which Santé Québec pays sums of money is responsible for providing.

A complaint may also be filed with Santé Québec with regard to the research activities of an institution.

2023, c. 34, s. 671.

Not in force

672. A complaint filed verbally or in writing under section 671 is received by a service quality and complaints commissioner.

The commissioner notifies the complainant of the date on which it was received.

2023, c. 34, s. 672.

Not in force

673. The commissioner may handle a complaint in accordance with section 698 rather than in accordance with the provisions of this Title, except

(1)  a complaint filed by a user or their representative with regard to the health services or social services that they received, ought to have received, are receiving or require; or

(2)  a complaint filed by a person or their representative with regard to the services in the field of health and social services that they received, ought to have received, are receiving or require.

Where the commissioner decides to handle a complaint in accordance with section 698, the commissioner must notify the complainant of the date on which the complaint was received and of the nature of the process according to which the complaint will be handled.

2023, c. 34, s. 673.

Not in force

674. The commissioner dismisses, upon summary examination, any complaint if, in the commissioner’s opinion, it is frivolous, vexatious or made in bad faith.

The commissioner also dismisses any complaint that

(1)  involves the supervision or assessment of the quality of medical, dental or pharmaceutical acts or midwifery services performed elsewhere than within an institution, or otherwise concerns a physician, dentist, pharmacist or midwife practising elsewhere than within an institution; or

(2)  concerns a specialized medical centre to which Santé Québec does not pay any sums of money, unless it concerns a failure to comply with this Act.

The commissioner informs the complainant of the dismissal of the complaint.

2023, c. 34, s. 674.

Not in force

675. If a complaint is not dismissed under section 674, the commissioner informs the public institution, authorization holder or provider concerned that a complaint has been received or, if the commissioner is of the opinion that no prejudice will be caused to the complainant, forwards a reproduction of the complaint to them.

2023, c. 34, s. 675.

Not in force

676. If a complaint is filed by a member of Santé Québec’s personnel or by another person performing their activities within a public institution and concerns an act performed or omitted with regard to a user by a physician, dentist, pharmacist or midwife practising within such an institution, the commissioner refers the complaint as soon as possible to the president and executive director or to another person in charge of discipline designated by the president and executive director.

The commissioner notifies the complainant of the referral and the date on which it took place and terminates the examination.

2023, c. 34, s. 676.

Not in force

677. If the examination of a complaint, other than a complaint referred to in section 676, involves the supervision or assessment of the quality of the medical, dental or pharmaceutical acts or midwifery services performed within an institution, or otherwise concerns a physician, dentist, pharmacist or midwife practising within the institution, the commissioner refers the complaint as soon as possible to the medical examiner having jurisdiction to examine it.

The commissioner notifies the complainant of the referral and the date on which it took place.

2023, c. 34, s. 677.

Not in force

678. The commissioner must examine any complaint not referred to a person in charge of discipline under section 676 or to the medical examiner under section 677.

Before drawing any conclusions from the examination, the commissioner must allow the complainant to submit observations. The commissioner must do likewise with respect to the person having the authority to submit observations on behalf of the public institution, authorization holder or provider concerned by the complaint.

2023, c. 34, s. 678.

Not in force

679. When examining a complaint, the commissioner may require any person to provide any information or document the commissioner considers necessary for the examination, including access to and communication of information contained in a user’s record. On such an occasion, the commissioner may consult any person whose expertise the commissioner considers necessary, including, with the authorization of the national service quality and complaints commissioner, an outside expert.

Any person must also, unless they have a valid excuse, attend any meeting called by the commissioner.

2023, c. 34, s. 679.

Not in force

680. After examining a complaint, the commissioner must send the following information to the complainant:

(1)  the conclusions the commissioner draws from the complaint and the reasons justifying them;

(2)  if applicable, the recommendations the commissioner considers appropriate to prevent a reoccurrence of the facts that gave rise to the complaint; and

(3)  the procedure whereby the complainant may, in accordance with the Act respecting the Health and Social Services Ombudsman (chapter P-31.1), file a complaint if in disagreement with the conclusions or dissatisfied with the follow-up on the recommendations.

The commissioner is not required to send the notice mentioned in the second paragraph of section 672 if the commissioner communicates the information to the complainant within 72 hours of receiving the complaint.

2023, c. 34, s. 680.

Not in force

681. A complainant whose complaint was accepted by the commissioner but regarding which no conclusion referred to in subparagraph 1 of the first paragraph of section 680 was sent within 45 days after receipt of the complaint may file a complaint about that in accordance with the Act respecting the Health and Social Services Ombudsman (chapter P-31.1) as if it were a case of disagreement with conclusions transmitted to the complainant.

2023, c. 34, s. 681.

Not in force

682. The commissioner sends the conclusions drawn after examining the complaint, the reasons justifying them and any recommendations the commissioner makes to the institution board of directors and to the president and executive director of the public institution concerned or to the entity or person having the authority to ensure follow-up on the conclusions and recommendations for the authorization holder or provider concerned by the complaint.

2023, c. 34, s. 682.

Not in force

683. The commissioner must be informed of any measures taken to follow up on a recommendation sent by the commissioner under section 682.

The commissioner in turn informs the complainant.

2023, c. 34, s. 683.

Not in force

684. If, during the examination of a complaint, the commissioner becomes aware of a practice or conduct of a personnel member that raises questions of a disciplinary nature, the commissioner notifies the person having the authority to take the appropriate disciplinary measures within the public institution or for the authorization holder or provider concerned by the complaint. In such a case, the recommendations made under subparagraph 2 of the first paragraph of section 680 may also concern those questions.

The person with that authority must investigate the practice or conduct involved and take any measures that they consider appropriate. Unless the commissioner has informed that person that the complaint has been referred to the professional order concerned, the person must, when of the opinion that it is warranted due to the seriousness of the complaint, inform the professional order concerned. The person must do the same when the examination of the complaint leads to disciplinary measures being taken. The person must report periodically to the commissioner on the investigation and on any measures taken.

The commissioner in turn reports on the above to the complainant and, if applicable, informs the complainant of the fact that the professional order concerned has been informed of the situation.

2023, c. 34, s. 684.

Not in force

CHAPTER II COMPLAINTS CONCERNING A PHYSICIAN, DENTIST, PHARMACIST OR MIDWIFE

2023, c. 34, c. II.

Not in force

DIVISION I HANDLING OF A COMPLAINT BY A MEDICAL EXAMINER

2023, c. 34, Div. I.

Not in force

685. A medical examiner receives the complaints referred by a commissioner under section 677.

2023, c. 34, s. 685.

Not in force

686. The medical examiner dismisses, upon summary examination, a complaint if, in the examiner’s opinion, it is frivolous, vexatious or made in bad faith.

The medical examiner informs the complainant of the dismissal of the complaint.

2023, c. 34, s. 686.

Not in force

687. If a complaint is not dismissed upon summary examination, the medical examiner examines the complaint. The examiner, for that purpose, has the same powers as those conferred on the commissioner under section 679.

2023, c. 34, s. 687.

Not in force

688. If, during the examination of a complaint, the medical examiner is of the opinion that the facts justifying the complaint may constitute grounds for a disciplinary measure, the medical examiner terminates the examination and refers the complaint, for a disciplinary investigation, to the persons in charge of discipline within the public institution concerned or, as applicable, to the entity or person having the authority to take disciplinary measures within the private institution. The medical examiner notifies the commissioner and the complainant.

During the investigation, the complainant must be allowed to submit observations. In addition, the medical examiner must be kept informed of the progress of the investigation on a regular basis or at least of each of the key stages of the investigation. The medical examiner must periodically inform the complainant of the progress. As long as the investigation has not been completed, the medical examiner must, every 60 days from the date on which the complainant was informed of the referral of the complaint, inform the complainant of the progress of the investigation.

The medical examiner must inform the complainant of the conclusion of the disciplinary investigation and of any disciplinary measures taken by the institution or of the fact that the professional order concerned has been informed of the situation.

2023, c. 34, s. 688.

Not in force

689. Before drawing any conclusion from the examination of a complaint that the medical examiner does not terminate under the first paragraph of section 688, the examiner must allow the complainant and the professional concerned to submit observations and must attempt to reconcile the interests involved.

The medical examiner sends a reproduction of the complaint to the professional concerned, who has access to the complaint record.

2023, c. 34, s. 689.

Not in force

690. Unless the medical examiner terminates the examination of a complaint under the first paragraph of section 688, the examiner must communicate the following information to the complainant and the professional concerned:

(1)  the conclusions drawn by the examiner with regard to the complaint and the reasons justifying them;

(2)  if applicable, the recommendations the examiner considers appropriate to prevent a reoccurrence of the facts that gave rise to the complaint; and

(3)  the terms and conditions according to which the complainant or the professional may apply for a review of the handling of a complaint by the medical examiner in accordance with section 692.

A reproduction of the conclusions, reasons and any recommendations is sent to the commissioner.

2023, c. 34, s. 690.

Not in force

691. In the case of a complaint regarding which no conclusion referred to in subparagraph 1 of the first paragraph of section 690 was communicated within 45 days after referral of the complaint, the complainant may apply for a review of the handling of the complaint by the medical examiner in accordance with section 692 as if it were a case of disagreement with conclusions communicated to the complainant. The same applies to the professional concerned by the complaint.

The first paragraph does not apply if the medical examiner terminates the examination of a complaint and refers the complaint for a disciplinary investigation under the first paragraph of section 688.

2023, c. 34, s. 691.

Not in force

DIVISION II REVIEW OF THE HANDLING OF A COMPLAINT BY THE MEDICAL EXAMINER

2023, c. 34, Div. II.

Not in force

692. The complainant or the professional concerned by the complaint may, if they disagree with the conclusions communicated to them, apply to a review committee for a review of the handling of a complaint by the medical examiner.

The review application is filed verbally or in writing and addressed to the chair of the competent review committee.

The review application is inadmissible if it is not received by the review committee within 60 days

(1)  after receipt of the medical examiner’s conclusions by the complainant or by the professional concerned; or

(2)  after the end of the time limit prescribed in the first paragraph of section 691 where the conclusions were not communicated within that time limit.

The review committee may extend the 60-day time limit prescribed in the third paragraph only if it is satisfied that it was impossible for the applicant to act earlier.

2023, c. 34, s. 692.

Not in force

693. When the chair receives a review application under section 692, the chair notifies the applicant of the date of receipt. The chair also notifies the medical examiner and the complainant or, as applicable, the professional concerned of the date of receipt of the review application.

2023, c. 34, s. 693.

Not in force

694. The medical examiner must, within five days after being notified of the review application, forward to the review committee any conclusions made under section 690.

2023, c. 34, s. 694.

Not in force

695. The review committee, for each admissible review application, reviews the handling of the complaint by the medical examiner and, for that purpose, has the same powers as those conferred on the commissioner under section 679.

The committee must draw at least one of the following conclusions:

(1)  confirm the conclusions of the medical examiner;

(2)  require that the medical examiner carry out a supplementary examination within the time specified by the committee and send the new conclusions to the complainant and the professional concerned, together with a reproduction to the review committee and to the service quality and complaints commissioner;

(3)  refer the complaint to the persons in charge of discipline within the public institution for a disciplinary investigation or to the entity or person having the authority to take disciplinary measures within the private institution;

(4)  recommend to the medical examiner or, where applicable, to the complainant and the professional concerned any measure to reconcile them; or

(5)  quash the medical examiner’s conclusions and refer the complaint to another medical examiner for examination within the time specified by the committee.

2023, c. 34, s. 695.

Not in force

696. Before drawing any conclusions, the review committee must allow the complainant, professional and medical examiner concerned to submit observations and must attempt to reconcile the interests involved.

The review committee must also acquaint itself with the entire complaint record and ascertain that the complaint was examined properly, diligently and equitably and that the reasons for the medical examiner’s conclusions, if any, are based on respect for rights and compliance with professional standards.

2023, c. 34, s. 696.

Not in force

697. Within 60 days after receiving a review application, the review committee must communicate, in writing, its conclusions and the reasons justifying them to the complainant, professional, medical examiner and commissioner concerned.

Subject to the information that must, in accordance with the third paragraph of section 688, be given to a complainant whose complaint has been referred for a disciplinary investigation, the conclusions of the review committee are final.

2023, c. 34, s. 697.

Not in force

TITLE II INTERVENTIONS AND OTHER FUNCTIONS OF THE SERVICE QUALITY AND COMPLAINTS COMMISSIONERS

2023, c. 34, Tit. II.

Not in force

698. A service quality and complaints commissioner intervenes on the commissioner’s own initiative when facts brought to the commissioner’s attention provide reasonable grounds to believe that the rights conferred by this Act on a person or group of persons are not being respected. In such a case, the commissioner has the same powers as those conferred on the commissioner under section 679. However, the commissioner may intervene only if the facts brought to the commissioner’s attention could have given rise to a complaint within the commissioner’s jurisdiction.

The commissioner reports on the intervention to the institution board of directors and to the president and executive director of the institution concerned or to the entity or person having the authority to ensure follow-up on the report and recommendations for the authorization holder or provider concerned. If applicable, the commissioner files with the report any recommendations the commissioner makes regarding the satisfaction of users and of other persons who could make a complaint or regarding respect for their rights.

2023, c. 34, s. 698.

Not in force

699. A service quality and complaints commissioner who, in exercising the functions of office, has reasonable grounds to believe there exists a situation that could pose a threat to the health or well-being of a person or a group of persons, including such a situation arising from the application of practices or procedures, must send their conclusions, including reasons, to the president and chief executive officer and to the national service quality and complaints commissioner, together with their recommendations, if any.

Where the situation referred to in the first paragraph concerns an authorization holder or a provider, the commissioner also sends the conclusions with reasons and any recommendations to the entity or person having the authority to ensure follow-up on the conclusions and recommendations for the holder or the provider.

2023, c. 34, s. 699.

Not in force

700. Santé Québec must, without delay, publish on its website and disseminate by any appropriate means to reach the persons concerned the conclusions and any recommendations sent under section 699.

In addition, Santé Québec must ensure that such conclusions or recommendations are disseminated to the residents or persons lodged in a place to which they apply. Santé Québec may require the operator of that place to take the measures Santé Québec considers appropriate for that purpose.

The conclusions or recommendations published or disseminated under this section must not allow the person concerned to be identified.

2023, c. 34, s. 700.

Not in force

701. A service quality and complaints commissioner gives an opinion on any matter within the commissioner’s jurisdiction that is submitted by Santé Québec’s board of directors, the national service quality and complaints commissioner, the institution board of directors of the institution for which the commissioner was appointed, any committee created by that board under subdivision 3 of Division I of Chapter I of Title I of Part III and any other council or committee of the institution, including the users’ committee.

The board of directors of a private institution or, if the institution is not a legal person, the authorization holder may also request the opinion of a commissioner on any matter within the commissioner’s jurisdiction.

2023, c. 34, s. 701.

Not in force

TITLE III COMMISSIONERS, MEDICAL EXAMINERS AND REVIEW COMMITTEES

2023, c. 34, Tit. III.

Not in force

CHAPTER I NATIONAL SERVICE QUALITY AND COMPLAINTS COMMISSIONER AND SERVICE QUALITY AND COMPLAINTS COMMISSIONERS

2023, c. 34, c. I.

Not in force

DIVISION I APPOINTMENT AND INDEPENDENCE OF COMMISSIONERS

2023, c. 34, Div. I.

Not in force

702. The Government appoints a national service quality and complaints commissioner.

Santé Québec’s board of directors appoints at least one service quality and complaints commissioner for each of Santé Québec’s institutions.

2023, c. 34, s. 702.

Not in force

703. The national service quality and complaints commissioner must, in the Government’s opinion, qualify as an independent person.

Every service quality and complaints commissioner must, in the opinion of Santé Québec’s board of directors, qualify as an independent person.

A person qualifies as independent if they have no direct or indirect relations or interests, in particular of a financial, commercial, professional or philanthropic nature, that could interfere with the exercise of their functions as regards the interests of users and other persons who could make a complaint under section 671.

2023, c. 34, s. 703.

Not in force

704. A person is deemed not to be independent to exercise national service quality and complaints commissioner functions if the person

(1)  has an immediate family member who is the president and executive director of or exercises other management functions within a public institution or for an authorization holder or a provider; or

(2)  provides goods or services for valuable consideration to such an institution, authorization holder or provider.

A person is deemed not to be independent to exercise service quality and complaints commissioner functions in the cases referred to in the first paragraph to the extent that the person could, as a commissioner, be responsible for examining complaints concerning the persons, holders of an authorization or providers referred to in that paragraph.

For the purposes of this section, “immediate family member” means a person’s spouse or child, the spouse’s child, the person’s mother or father or parent, the spouse of the person’s mother or father or parent, and the spouse of the person’s child or of the child of the person’s spouse.

2023, c. 34, s. 704.

Not in force

705. Santé Québec’s board of directors may assign any person it appoints to assist a service quality and complaints commissioner provided that the person qualifies as independent to exercise the commissioner’s functions.

The person so assigned to the commissioner exercises, under the commissioner’s authority, all the latter’s functions and powers, unless the instrument of appointment restricts or withdraws those powers.

2023, c. 34, s. 705.

Not in force

706. Santé Québec’s board of directors must take the measures necessary to preserve at all times the independence of the commissioners and of the personnel members acting under their authority.

To that end, the board must, in particular, ensure that the commissioners exercise exclusively the functions provided for in this Part and that the personnel members acting under their authority do not exercise any other function within Santé Québec or a grouped institution or for an authorization holder or a provider.

2023, c. 34, s. 706.

Not in force

DIVISION II FUNCTIONS OF THE NATIONAL SERVICE QUALITY AND COMPLAINTS COMMISSIONER

2023, c. 34, Div. II.

Not in force

707. The national service quality and complaints commissioner sees to the adequate and optimal application of the provisions of this Part and to the processing 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).

To that end, the national commissioner fosters concerted action between service quality and complaints commissioners and medical examiners as well as the sharing of good practices applicable in the exercise of their functions. The national commissioner also sees to it that commissioners and medical examiners receive training relevant to the exercise of their functions.

In addition, the national commissioner provides support to any service quality and complaints commissioner or medical examiner who requires it, with due regard to the confidentiality of the records. The national commissioner may thus give them an opinion on the means to be favoured and the solutions to be considered in dealing with a problem related to the exercise of their functions.

The national commissioner may recommend to Santé Québec any measure that could improve the application of the provisions referred to in the first paragraph and enhance the exercise of the functions of the service quality and complaints commissioners and the medical examiners.

2023, c. 34, s. 707.

Not in force

708. The national service quality and complaints commissioner establishes a procedure for examining complaints received by service quality and complaints commissioners. The procedure may set out any provision supplementing those applicable within Santé Québec for the handling of such complaints.

The procedure must determine

(1)  the types of recommendations and conclusions made by a service quality and complaints commissioner, in addition to those referred to in section 700, that must be disseminated;

(2)  the information received by a commissioner on the measures taken following recommendations that must be disseminated;

(3)  to whom the recommendations, conclusions and information must be disseminated; and

(4)  any other terms governing such dissemination.

The procedure is submitted to Santé Québec’s board of directors for approval and, on being approved, becomes part of Santé Québec’s by-laws.

2023, c. 34, s. 708.

Not in force

709. The national service quality and complaints commissioner consults with any service quality and complaints commissioner and any medical examiner that are concerned by a measure that could improve the handling of complaints.

2023, c. 34, s. 709.

Not in force

DIVISION III FUNCTIONS AND JURISDICTION OF SERVICE QUALITY AND COMPLAINTS COMMISSIONERS

2023, c. 34, Div. III.

Not in force

710. All service quality and complaints commissioners are responsible to the national service quality and complaints commissioner for the exercise of the functions incumbent on them under this Part.

A commissioner appointed for an institution receives the complaints filed under section 671 with respect to that institution and, if applicable, those relating to a grouped institution, an authorization holder or a provider.

The commissioner is also responsible for processing 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 processed by another authority, for directing the persons making the report to that authority.

2023, c. 34, s. 710.

Not in force

711. Santé Québec’s board of directors establishes the jurisdiction of the service quality and complaints commissioners in such a way that every complaint relating to a grouped institution, authorization holder or provider falls within the jurisdiction of a commissioner and that only one commissioner has jurisdiction with regard to each complaint.

2023, c. 34, s. 711.

Not in force

CHAPTER II MEDICAL EXAMINERS

2023, c. 34, c. II.

Not in force

712. Santé Québec’s board of directors designates at least one medical examiner for each of Santé Québec’s institutions, who may or may not practise within the institution concerned.

The medical examiner appointed for an institution receives the complaints referred by a commissioner under section 677 with respect to that institution and, if applicable, those relating to a grouped institution or to a private institution within the latter’s jurisdiction

2023, c. 34, s. 712.

Not in force

713. Santé Québec’s board of directors establishes the jurisdiction of the medical examiners in such a way that every complaint involving the supervision or assessment of the quality of the medical, dental or pharmaceutical acts or midwifery services performed within an institution, or otherwise concerning a physician, dentist, pharmacist or midwife practising within the institution, falls within the jurisdiction of a medical examiner and that only one medical examiner has jurisdiction with regard to each complaint.

2023, c. 34, s. 713.

Not in force

714. All medical examiners are responsible to the national service quality and complaints commissioner for the exercise of the functions incumbent on them under the provisions of this Part.

2023, c. 34, s. 714.

Not in force

715. Santé Québec’s board of directors must take the measures necessary to preserve at all times the independence of medical examiners in the exercise of their functions.

To that end, the board of directors must ensure, among other things, that medical examiners are not in a conflict of interest situation in the exercise of their functions, taking into account, where applicable, the other functions they may exercise within the institution for which they were appointed.

2023, c. 34, s. 715.

Not in force

CHAPTER III REVIEW COMMITTEE

2023, c. 34, c. III.

Not in force

716. Santé Québec’s board of directors establishes at least one review committee. Such a committee is composed of three members appointed by the board of directors.

The chair of the review committee is appointed from among the independent members of the institution boards of directors. The other two members are appointed from among the physicians, dentists, pharmacists and midwives who practise within a public institution.

The board of directors sets the term of office of the members of the review committee and determines its operating rules.

2023, c. 34, s. 716.

Not in force

717. A review committee is responsible to the national service quality and complaints commissioner for the exercise of the functions incumbent on it under the provisions of this Part.

2023, c. 34, s. 717.

Not in force

718. Santé Québec’s board of directors must, where it establishes more than one review committee, determine the jurisdiction of each one in such a way that every review application filed under section 692 falls within the jurisdiction of a committee and that only one committee has jurisdiction with regard to each review application.

2023, c. 34, s. 718.

Not in force

TITLE IV REPORTS

2023, c. 34, Tit. IV.

Not in force

719. At least once a year and whenever of the opinion that it is necessary, a service quality and complaints commissioner submits to the institution board of directors of the institution for which the commissioner is appointed a report on the commissioner’s activities together with, where applicable, a statement of the measures the commissioner recommends to improve the satisfaction of users and other persons who could make a complaint and to foster respect for their rights.

A reproduction of the report is sent to the national service quality and complaints commissioner.

2023, c. 34, s. 719.

Not in force

720. At least once a year and whenever of the opinion that it is necessary, a medical examiner must submit to the institution board of directors and to the council of physicians, dentists, pharmacists and midwives of the institution for which the medical examiner is appointed a report describing the reasons for the complaints examined since the last report, and the examiner’s recommendations, in particular for the improvement of the quality of the medical, dental and pharmaceutical services or midwifery services provided within the institution.

A reproduction of the report is sent to the national service quality and complaints commissioner.

2023, c. 34, s. 720.

Not in force

721. At least once a year and whenever of the opinion that it is necessary, a review committee must submit to Santé Québec’s board of directors and the national service quality and complaints commissioner a report describing the reasons for the complaints having given rise to an application for review since the last report and sets out its conclusions and the review application processing times. The committee may also make recommendations, in particular for the improvement of the quality of medical, dental and pharmaceutical services or midwifery services within the institution.

A reproduction of the report is sent to the institution board of directors, the council of physicians, dentists, pharmacists and midwives and the service quality and complaints commissioner of the institution concerned.

2023, c. 34, s. 721.

Not in force

722. The national service quality and complaints commissioner may require an institution board of directors, a service quality and complaints commissioner, a medical examiner and a review committee to provide any information necessary for the exercise of the national commissioner’s functions, in the form and at the intervals determined by the national commissioner.

2023, c. 34, s. 722.

Not in force

723. Once a year, the national service quality and complaints commissioner must submit a report to the Minister on the implementation of this Part and on the satisfaction of users and other persons who could make a complaint as well as on respect for their rights.

The report must also contain any information required by the Minister.

A reproduction of the report must be sent at the same time to the Health and Social Services Ombudsman.

2023, c. 34, s. 723.

Not in force

724. The Minister tables the national service quality and complaints commissioner’s report referred to in section 723 in the National Assembly within 30 days after receiving it or, if the Assembly is not sitting, within 30 days after resumption.

2023, c. 34, s. 724.

Not in force

725. Whenever so required by the Minister, the national service quality and complaints commissioner must submit a report to the Minister on any matter likely to be the subject of the report provided for in section 723 and on any matter relating to the application of the complaint examination procedure, including the provisions applicable to any complaint concerning a physician, dentist, pharmacist or midwife.

A reproduction of the report must be sent at the same time to the Health and Social Services Ombudsman.

2023, c. 34, s. 725.

Not in force

TITLE V ASSISTANCE AND COMPLAINT RECORD

2023, c. 34, Tit. V.

Not in force

726. Santé Québec must, for each health region, entrust at least one community organization with the following functions with regard to any person who so requests:

(1)  provide the person with information on how the complaints regime works;

(2)  help the person define the subject of the complaint and, if need be, help draft it;

(3)  provide assistance and support to the person at each stage of the complaints process; and

(4)  facilitate conciliation with any authority concerned.

An organization is not required to process the request of a person who is not resident in the region it serves or whose complaint does not fall within the jurisdiction of the service quality and complaints commissioner appointed for a Santé Québec institution in that region or the jurisdiction of the Health and Social Services Ombudsman. In such a case, the organization must direct the person to the body that has jurisdiction to process the request. When two or more organizations are involved in processing the request, they must collaborate.

2023, c. 34, s. 726.

Not in force

727. Every service quality and complaints commissioner sees to it that assistance is given to a person who requires it for filing a complaint or for any step related to the complaint, including before the review committee established under section 716.

The commissioner informs the person of the possibility of being assisted and supported by the community organization in the region that has been entrusted with the functions provided for in the first paragraph of section 726.

The commissioner also informs the person of the legal protection afforded under section 733 to any person who cooperates in the examination of a complaint.

2023, c. 34, s. 727.

Not in force

728. The content of a complaint record is determined by regulation of Santé Québec.

Despite any contrary provision of this Act, no document contained in a complaint record may be filed in the record of a personnel member or of a physician, dentist or midwife practising within the institution. Likewise, no information making it possible to know that a complaint has been made may be filed in the record of the user concerned.

However, the conclusions, including reasons, and any recommendations made by a medical examiner under section 690, or the conclusion drawn by a review committee under section 695, must be filed in the record of the professional concerned by the complaint.

Anyone holding a complaint record must send it to the person responsible for handling the complaint in accordance with this Part.

2023, c. 34, s. 728.

Not in force

TITLE VI MISCELLANEOUS PROVISIONS

2023, c. 34, Tit. VI.

Not in force

729. Unless otherwise provided in this Part, notices and other communications intended for the complainant may be made verbally if the complaint was filed verbally.

2023, c. 34, s. 729.

Not in force

730. A private institution must inform every user that they are entitled to file a complaint with Santé Québec. In all of its facilities, the institution must also post in public view a document explaining who is entitled to file a complaint and describing the terms governing the exercise of that right. The contact information of the competent service quality and complaints commissioner must be mentioned in the document.

The first paragraph applies, with the necessary modifications, to any other authorization holder and any other service provider in the field of health and social services with regard to whom a complaint may be filed under the second paragraph of section 671, except a resource governed by the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements (chapter R-24.0.2).

2023, c. 34, s. 730.

Not in force

731. No one may take reprisals or attempt to take reprisals in any manner whatsoever against any person who files or intends to file a complaint under section 671 or a review application under section 692.

The person responsible for examining the complaint must intervene without delay upon being informed of reprisals or of an attempt to take reprisals.

2023, c. 34, s. 731.

Not in force

732. No civil action may be instituted for or as a consequence of a complaint made in good faith under this Part, whatever the conclusions drawn with regard to the complaint.

Nothing in this provision restricts the right of a person or their successors to pursue a remedy based on the same facts as those set out in a complaint.

2023, c. 34, s. 732.

Not in force

733. Answers given or statements made by a person in the context of the examination of a complaint or the conduct of an intervention, including any information or document provided by them in good faith in response to a request of a service quality and complaints commissioner, a person acting under such a commissioner’s authority, a person consulted under or outside expert referred to in section 679, a medical examiner, a review committee or a member of such a committee are confidential and may not be used or be admitted as evidence against the person in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions.

2023, c. 34, s. 733.

Not in force

734. No judicial proceedings may be brought against the following persons or entities for an act performed or omitted in good faith in the exercise of their functions under this Part:

(1)  the national service quality and complaints commissioner;

(2)  a service quality and complaints commissioner or a person acting under the commissioner’s authority;

(3)  a medical examiner;

(4)  a person consulted under or outside expert referred to in section 679;

(5)  a review committee or a member of such a committee; and

(6)  Santé Québec’s board of directors or a member of that board.

2023, c. 34, s. 734.

Not in force

735. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised nor any injunction granted against any of the persons referred to in section 734 acting in their official capacity.

2023, c. 34, s. 735.

Not in force

736. A judge of the Court of Appeal may, on an application, summarily annul any decision, order or injunction made or granted contrary to section 734 or 735.

2023, c. 34, s. 736.

Not in force

737. The national service quality and complaints commissioner, a service quality and complaints commissioner, a person acting under such a commissioner’s authority, a person consulted under or outside expert referred to in section 679, a medical examiner, a member of a review committee and a member of the institution board of directors must, before beginning to exercise their functions in accordance with this Part, take the oath provided in Schedule I.

2023, c. 34, s. 737.

Not in force

738. Despite any inconsistent legislative provision, the national service quality and complaints commissioner, a service quality and complaints commissioner, a person acting under such a commissioner’s authority, a person consulted under or outside expert referred to in section 679, a medical examiner, a review committee or a member of a such a committee may not be compelled to make a deposition in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions concerning any confidential information obtained in the exercise of their functions or to produce a document containing such information, except to confirm its confidential nature.

2023, c. 34, s. 738.

Not in force

739. Nothing contained in a person’s complaint record or in an intervention record, including the conclusions with reasons and any related recommendations, may be construed as a declaration, recognition or extrajudicial admission of professional, administrative or other misconduct that could give rise to the civil liability of a party in a judicial proceeding.

2023, c. 34, s. 739.

Not in force

740. The provisions of this Part do not release anyone from the obligations incumbent on them to act to put an end to any abnormal situation of which they are aware.

2023, c. 34, s. 740.

PART VIII APPLICATION MEASURES AND MISCELLANEOUS PROVISIONS

2023, c. 34, Part VIII.

TITLE I APPLICATION MEASURES

2023, c. 34, Tit. I.

Not in force

CHAPTER I INSPECTIONS AND INVESTIGATIONS

2023, c. 34, c. I.

Not in force

741. Santé Québec may authorize, in writing, a person to act as an inspector for the purposes of this Act or the regulations.

Inspectors must, on request, identify themselves and produce a certificate of authority.

2023, c. 34, s. 741.

Not in force

742. Inspectors may

(1)  enter at any reasonable time any premises in which they have reason to believe that activities governed by this Act are carried on;

(2)  enter at any reasonable time any premises in which activities governed by this Act are carried on, in order to verify compliance with this Act and the regulations;

(3)  require any information relating to the application of this Act or the regulations, and the communication of any related document for examination or reproduction;

(4)  examine any premises or equipment to which this Act applies, and take photographs or make recordings; and

(5)  order any person on the premises to provide reasonable assistance to and accompany them.

Despite the first paragraph, inspectors may not, without the consent of the occupant or lessee, enter a room or dwelling of a private seniors’ residence, of a resource offering lodging or of a place where they have reason to believe that activities are being carried on for which an authorization to operate a private seniors’ residence or a resource offering lodging is required under this Act. Nor may they enter a room of a user entrusted to an intermediate resource or a family-type resource without the user’s consent.

2023, c. 34, s. 742.

Not in force

743. Inspectors may, by a request delivered by any means that allows proof of receipt at a specific time, require any person to communicate, within the time and according to the conditions they specify, any information or documents relating to the application of this Act or the regulations.

2023, c. 34, s. 743.

Not in force

744. Santé Québec may designate a person to investigate any matter relating to the application of this Act or the regulations.

2023, c. 34, s. 744.

Not in force

745. Santé Québec may, on its own initiative or at the Minister’s request, authorize a person to conduct an investigation on any matter relating to the provision of services in the field of health and social services that is relevant to the application of this Act other than for the purpose of establishing a contravention referred to in a provision of Title II of Part X.

In the context of such an investigation, Santé Québec or any person it designates has the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

After an investigation conducted at the Minister’s request, Santé Québec must provide the Minister with a report on its findings and, where applicable, its recommendations.

2023, c. 34, s. 745.

Not in force

746. No judicial proceedings may be brought against inspectors or investigators for an omission or act made in good faith in the exercise of their functions.

2023, c. 34, s. 746.

Not in force

747. If, following an inspection or investigation, Santé Québec is informed that a specialized medical centre is being operated without an authorization, it must immediately notify the Régie de l’assurance maladie du Québec in writing for the purposes of the prohibition against remuneration set out in the first paragraph of section 22.0.0.0.1 of the Health Insurance Act (chapter A-29). On receiving the notice, the Régie informs the physicians practising within the specialized medical centre concerned that the prohibition against remuneration applies.

2023, c. 34, s. 747.

Not in force

748. Santé Québec may, upon completion of an inspection or investigation concerning an authorization holder, intermediate resource or family-type resource, require the authorization holder or the resource to submit to it an action plan to follow up on the recommendations made by Santé Québec.

2023, c. 34, s. 748.

Not in force

749. Santé Québec forms an administrative unit comprising all the members of its personnel, as well as any other person whose services it retains, who act as inspectors or investigators under the provisions of this chapter or of any Act granting Santé Québec inspection or investigation powers.

That administrative unit also includes persons who perform the functions of analyst under the Cannabis Regulation Act (chapter C-5.3) or the Tobacco Control Act (chapter L-6.2).

2023, c. 34, s. 749.

Not in force

750. Santé Québec’s board of directors appoints a national inspector for services in the field of health and social services; the latter directs the administrative unit formed under section 749.

The board of directors may assign any person it appoints to assist the national inspector.

The national inspector and the persons assigned to assist that inspector exercise their functions exclusively and on a full-time basis.

2023, c. 34, s. 750.

Not in force

751. The provisions of sections 703 to 705 regarding the appointment of a service quality and complaints commissioner or, as applicable, of the person who assists that commissioner apply, with the necessary modifications, to the appointment of the national inspector and of the persons who assist that inspector.

2023, c. 34, s. 751.

Not in force

752. Santé Québec’s board of directors must take the measures necessary to preserve at all times the independence of the national inspector and the other persons who are part of the administrative unit formed under section 749.

To that end, the board of directors must, in particular, ensure that persons acting as analysts, inspectors or investigators do not exercise any function for another person or group that could be the subject of an analysis, inspection or investigation contemplated in section 749. The board of administrators must also ensure that those persons do not exercise any other function for Santé Québec without the authorization of the national inspector.

The board of directors must also see to it that the premises put at the disposal of that administrative unit are situated elsewhere than in a facility where an institution carries on its activities.

2023, c. 34, s. 752.

CHAPTER II POWERS OF THE MINISTER

2023, c. 34, c. II.

DIVISION I POWERS RELATING TO SUPERVISING THE HEALTH AND SOCIAL SERVICES SYSTEM

2023, c. 34, Div. I.

753. The Minister monitors the market of services in the field of health and social services, in particular to know the supply and demand of such services and the circumstances in which persons have access to the services offered.

2023, c. 34, s. 753.

Not in force

754. The Minister may verify the application, by Santé Québec, of the provisions of this Act and the regulations as well as of any other legislative provision that confers responsibilities on Santé Québec. The Minister may designate any person in writing to conduct the verification. Section 746 applies to such a person, with the necessary modifications.

2023, c. 34, s. 754.

Not in force

755. Santé Québec must, at the request of the Minister or of the person designated to conduct the verification, send or otherwise make available to the Minister or the designated person all documents and information the Minister or, as applicable, the designated person considers necessary to conduct the verification.

The first paragraph does not apply to information contained in a user’s record.

2023, c. 34, s. 755.

Not in force

756. The Minister may designate a person to investigate any matter relating to access to health services and social services offered by Santé Québec, the quality and safety of services provided, the fulfillment of its mission and functions, and its administration, organization and operation.

The person designated by the Minister is vested, for the purposes of an investigation, with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

2023, c. 34, s. 756.

Not in force

757. The Minister may, during or after a verification or investigation, order Santé Québec to apply corrective measures, conduct any appropriate follow-up and comply with any other measure the Minister determines, including oversight or support measures.

Among other measures, the Minister may designate a person to, in particular, monitor or assist Santé Québec’s directors or any other member of its personnel in managing a public institution.

2023, c. 34, s. 757.

Not in force

758. The Government may, for a period of not more than 180 days, appoint one or more persons to exercise all or part of the functions or powers of Santé Québec’s board of directors or of the president and chief executive officer if the Government considers that the board of directors or the president and chief executive officer

(1)  has committed a serious fault, such as misconduct, embezzlement or breach of trust, or is otherwise seriously remiss in the performance of their obligations under the law; or

(2)  has, by an act or omission, seriously compromised access to services offered by a public institution, or the quality or safety of such services.

The Minister has the powers conferred on the Government by the first paragraph with regard to the functions and powers of a senior officer of Santé Québec where the Minister considers that the officer is in one of the situations described in that paragraph.

The period prescribed in the first paragraph may be extended by the Government or the Minister, provided that the duration of each extension does not exceed 180 days.

For the purposes of this section, “senior officer” means a person who exercises management functions under the immediate authority of the president and chief executive officer or under the immediate authority of a person who exercises such management functions.

No judicial proceedings may be brought against a person appointed by the Government or by the Minister in accordance with this section for an act omitted or performed in good faith in the exercise of their functions.

2023, c. 34, s. 758.

Not in force

759. The Minister may request that Santé Québec intervene with an institution so that the latter remedies a situation that is contrary to users’ rights, to standards of access, integration, quality, effectiveness or efficiency as concerns services, to its constituting act or, as applicable, to the authorization granted under the provisions of Title I of Part VI.

2023, c. 34, s. 759.

DIVISION II OTHER POWERS

2023, c. 34, Div. II.

Not in force

760. The Minister takes measures suitable for ensuring the protection of public health, and ensures national and inter-regional coordination with regard to public health.

2023, c. 34, s. 760.

761. The Minister may require anyone to provide, in the form and at the intervals determined by the Minister, the information that is necessary for exercising any function conferred on the Minister by this Act, provided such information does not allow the Minister to identify a user or a client of a provider of services in the field of health and social services.

In addition, the Minister may utilize any information obtained by the Minister in the exercise of such a function, if necessary for the exercise of any other such function.

2023, c. 34, s. 761.

Not in force

762. Where information required by the Minister in accordance with section 761 allows a personnel member of Santé Québec or of a private provider, or a student, a trainee or a professional who practises within an institution or on behalf of such a provider, to be identified, the information may be communicated only if the delegated manager of government digital data of the Ministère de la Santé et des Services sociaux referred to in subparagraph 9.2 of the first paragraph of section 10.1 of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03) authorizes its communication.

In order to obtain the manager’s authorization, the Minister must submit a written request to the manager. In such a case, sections 81, 82, 85 to 87 and 89 of the Act respecting health and social services information (chapter R-22.1) apply to the Minister and to the manager, with the necessary modifications.

This section applies despite section 68 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2023, c. 34, s. 762.

Not in force

763. The Minister may, despite any inconsistent provision, implement, to the extent and on the conditions determined by the Government, any experimental project concerning the organization of the human or material resources of Santé Québec or of any of its institutions for the purpose of fostering integrated organization and provision of health services and social services.

The Minister may, for that purpose, enter into agreements with professionals, except health professionals governed by the Health Insurance Act (chapter A-29) as regards the matters referred to in section 19 of that Act.

Before the implementation of such a project, the Minister must have a notice published in the Gazette officielle du Québec of the Minister’s intention to propose to the Government, 45 days after publication of the notice, the implementation of the project. During that period, the Minister must allow any interested person to submit observations to the Minister in relation to the project.

2023, c. 34, s. 763.

Not in force

CHAPTER III REGULATORY PROVISIONS

2023, c. 34, c. III.

Not in force

764. The Minister may, by regulation, determine, for a medication, the cases, conditions and circumstances of its use, after consulting the Collège des médecins du Québec, the Ordre des pharmaciens du Québec and the Institut national d’excellence en santé et en services sociaux.

2023, c. 34, s. 764.

Not in force

765. The Government determines, by regulation, the contribution that is required of users lodged in a facility maintained by a public institution or a private institution under agreement, or taken in charge by an intermediate resource of a public institution or by a family-type resource.

The regulation also determines the amount of personal expense allowance that must be left at the disposal of the user each month.

2023, c. 34, s. 765.

Not in force

766. The amount of the contribution may vary according to the circumstances or needs identified by government regulation.

The contribution is required by the Minister, Santé Québec or the private institution under agreement. Users are required to pay it themselves; however, in the case of a user who is a minor, the contribution may be required from the user’s father or mother or parent, from all of them jointly or from any other person determined by the regulation; in the case of a user who is married or in a civil union, the contribution may be required from the user’s spouse and, in the case of a member of a religious community, the contribution may be required from that community.

2023, c. 34, s. 766.

Not in force

767. Santé Québec or the Minister may, at the request of a person from whom payment of a contribution is required, exempt them from paying the contribution, in accordance with the terms and conditions and in the circumstances determined by government regulation.

2023, c. 34, s. 767.

Not in force

768. Any person may contest before the Administrative Tribunal of Québec a decision respecting an exemption from payment that they applied for under section 767 within 60 days of the date on which the decision was notified to them.

2023, c. 34, s. 768.

Not in force

769. A user or any person from whom payment of a financial contribution may be required must not, in the two years preceding the moment when the user was provided with lodging or taken in charge, have renounced their rights, or alienated property or liquid assets without due consideration, or have squandered such property or assets with the intention of making themselves eligible for an exemption from payment or in such a way that they would be required to pay a lower contribution than what they would otherwise have been required to pay. In addition, they must not, during the time lodging is provided or the user or person is taken in charge, renounce such rights, or alienate or squander such property or assets.

2023, c. 34, s. 769.

Not in force

770. Where provisions of section 769 are violated, Santé Québec or the Minister may institute proceedings for the recovery of the value of the rights, property or liquid assets by which a third person has benefited as a result of the renunciation, alienation or squandering, after subtracting the just consideration paid by the third person. Santé Québec or the Minister may also take any other measure provided for by government regulation.

2023, c. 34, s. 770.

Not in force

771. The Government may, in a regulation made under sections 765 to 767,

(1)  prescribe the automatic indexing of all or part of the amounts fixed in the regulation, according to the index provided for in the regulation;

(2)  prescribe a financial contribution which varies according to whether the user or person from whom payment of the financial contribution may be required is or is not resident in Québec, and define, for that purpose, the expression “resident in Québec”; and

(3)  render liable for payment of the contribution any user lodged in an institution elsewhere in Canada who has retained their status as resident in Québec, and enable the Minister or the person designated by the Minister to collect such contribution.

2023, c. 34, s. 771.

Not in force

772. The contribution of a user is payable each month in a single payment.

It bears interest at the rate determined under the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002), from the date it becomes payable.

Santé Québec may not waive payment of a user’s contribution or of the interest.

2023, c. 34, s. 772.

Not in force

773. Santé Québec may, by regulation, for the activities or classes of activities it determines, require a person to provide a financial guarantee for the due performance of the obligations incumbent on the person under this Act.

2023, c. 34, s. 773.

Not in force

774. The Minister may, with the approval of the Conseil du trésor, make regulations applicable to private institutions respecting the rules, conditions and procedure to be followed for the franchising of services, the alienation of property, the leasing of immovables and the contracts related to such matters.

The Minister may, in like manner, make regulations respecting the procedure to be followed for immovable construction projects and for the procurement of goods and services, joint procurement and contracts relating to those matters.

2023, c. 34, s. 774.

Not in force

775. The Minister may, in a regulation made under section 774, determine the cases in which the Minister’s approval is required.

The Minister may also, for the purposes of such a regulation, prescribe and issue model contract forms or other standard documents.

2023, c. 34, s. 775.

Not in force

776. The Government may, if it considers it warranted by exceptional circumstances, such as full funding by private sources, or in case of major financial, scientific or technological repercussions on the activities of a private institution, enable the Minister to exclude an immovable construction project from the application of all or some of the provisions of a regulation made under the second paragraph of section 774.

The Government may then establish other specific terms and conditions for the carrying out of the project concerned.

2023, c. 34, s. 776.

Not in force

777. The Minister may determine, in each regulation the Minister makes under any of sections 59, 764, 774 and 775 with regard to private institutions or the health and social services network insurance manager, the provisions of that regulation the contravention of which constitutes an offence.

2023, c. 34, s. 777.

Not in force

778. The Government may, by regulation, determine the terms governing the use, by a user and his representative referred to in section 15, of monitoring mechanisms, such as cameras or any other technological means, in centres maintained by an institution, in intermediate resources and family-type resources, in private seniors’ residences or in any other premises it determines, in connection with the provision of health services and social services.

2023, c. 34, s. 778.

Not in force

779. Any regulation made by Santé Québec is to be approved by the Government with or without amendment.

The Government may make such a regulation if Santé Québec fails to do so within the time specified by the Minister.

2023, c. 34, s. 779.

Not in force

TITLE II MISCELLANEOUS PROVISIONS

2023, c. 34, Tit. II.

Not in force

780. Nothing in this Act may be construed as limiting the powers of the revisory committees established by section 41 of the Health Insurance Act (chapter A-29) or of the professional orders governed by the Professional Code (chapter C-26).

The representatives of the professional orders governed by the Professional Code have access to any facility maintained by an institution for the performance of the functions the professional orders must fulfill to ensure protection of the public.

2023, c. 34, s. 780.

Not in force

781. The Government is subrogated by operation of law to any user with respect to any right of action against a third person up to the cost of the services it has assumed following injury caused through the fault of that third person. Any claim by the Government must be notified to the third person by way of a notice stating the amount of the debt and the reasons for which the debt is due.

In the case of a common fault, the amount of such subrogation is subject to reduction in the same proportion as the user’s remedy.

The Minister has the power to transact on any claim arising from this section and may delegate that power.

The rights acquired by the effect of the subrogation provided for in this section are part of the domain of the State from the time they arise and are subject to the rules applicable to rights which form part of the domain of the State; however, the resulting right of action is prescribed by three years.

2023, c. 34, s. 781.

Not in force

782. The insurer of a third person’s liability may not discharge the obligation to repair the injury referred to in the first paragraph of section 781 otherwise than by payment in money of the amount of the insurance.

2023, c. 34, s. 782.

Not in force

783. An undertaking by a person to discharge a third person or an insurer of their obligation to repair the injury referred to in the first paragraph of section 781 or to indemnify the person or insurer for the performance of that obligation is deemed unwritten in any agreement, transaction or acquittance.

2023, c. 34, s. 783.

Not in force

784. For the purposes of sections 782 and 783, “insurer” also means a person or group that provides, with respect to a risk, coverage which could otherwise be obtained under a liability insurance contract.

2023, c. 34, s. 784.

Not in force

785. Santé Québec or any institution must, on a request by the Minister specifying the nature of the information or documents sought, communicate to the Minister any information or document contained in the insured person’s record that is necessary to exercise a right of action under section 781, provided Santé Québec has informed the insured person of the nature of the information or documents to be communicated to the Minister, within a reasonable time before they are sent.

2023, c. 34, s. 785.

Not in force

786. Santé Québec may claim from the holder of an authorization for the operation of a non-participating specialized medical centre referred to in section 586 the cost of a preoperative, postoperative, rehabilitation or home care support service that must, under that section, be obtained within the centre or from a person or group other than an institution if the service is provided by a public institution or a private institution under agreement prior to or following surgery or another specialized medical treatment provided within the centre.

If, for the purposes of proceedings instituted under the first paragraph, Santé Québec needs to use information from the user’s record it keeps, it must inform the user concerned prior to using the information.

At Santé Québec’s request and after informing the user, a private institution under agreement must communicate to Santé Québec any information contained in the user’s record that is necessary for the purposes of proceedings instituted under the first paragraph.

2023, c. 34, s. 786.

Not in force

PART IX HEALTH AND SOCIAL SERVICES NETWORK INSURANCE MANAGER

2023, c. 34, Part IX.

Not in force

787. Despite section 6, this Part applies to the territories referred to in sections 530.1 and 530.89 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and the territory of the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5).

For the purposes of this Part, “institution” means, in addition to the institutions governed by this Act, those governed by the Act respecting health services and social services for the Inuit and Naskapi and the Act respecting health services and social services for Cree Native persons.

2023, c. 34, s. 787.

Not in force

788. In this Act, “health and social services network insurance manager” means a non-profit legal person constituted under an Act of Québec and designated by the Minister, and whose purpose is to offer institutions governed by this Act and by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and the Act respecting health services and social services for Cree Native persons (chapter S-5) damage insurance services adapted to their needs in accordance with the orientations determined by Santé Québec.

The health and social services network insurance manager may also, with the Minister’s authorization, pursue complementary or accessory purposes.

2023, c. 34, s. 788.

Not in force

789. Santé Québec and, if applicable, all the private institutions, the grouped institutions and all the institutions governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and the Act respecting health services and social services for Cree Native persons (chapter S-5) that are served by the health and social services network insurance manager are members of the health and social services network insurance manager.

The composition of the board of directors of the health and social services network insurance manager is determined in its constituting act. The board must be composed in the majority of members from Santé Québec and the institutions referred to in the first paragraph that are served by the insurance manager. The insurance manager’s most senior officer is appointed by the president and chief executive officer of Santé Québec following a selection process initiated by the president and chief executive officer, which includes an invitation for applications held as determined by the president and chief executive officer.

Sections 59, 104, 126, 129, 339, 497 to 500, 502 and 754 to 758 apply, with the necessary modifications, to the health and social services network insurance manager.

2023, c. 34, s. 789.

Not in force

790. The health and social services network insurance manager must enter into an agreement with Santé Québec that covers, in particular, the following subjects:

(1)  the insurance manager’s strategic and operational orientations and objectives; and

(2)  the manner in which periodic reports are to be filed with Santé Québec, including an annual financial report that includes the financial statements, the audit report and any other information required by Santé Québec.

2023, c. 34, s. 790.

Not in force

791. Santé Québec determines the general terms governing the financing of the health and social services network insurance manager.

2023, c. 34, s. 791.

Not in force

792. The Minister may, on the conditions determined by the Government, guarantee the performance of any obligation by which the health and social services network insurance manager is bound in relation to the management of a deductible on an insurance contract negotiated and entered into in favour of the institutions it represents. The Minister may also, on the conditions determined by the Government, advance to the insurance manager any sum considered necessary in connection with such management.

The sums necessary for such purpose are taken out of the Consolidated Revenue Fund.

2023, c. 34, s. 792.

PART X MONETARY ADMINISTRATIVE PENALTIES AND PENAL PROVISIONS

2023, c. 34, Part X.

Not in force

TITLE I MONETARY ADMINISTRATIVE PENALTIES

2023, c. 34, Tit. I.

Not in force

CHAPTER I FAILURES TO COMPLY

2023, c. 34, c. I.

Not in force

793. A monetary administrative penalty of $500 in the case of a natural person or $1,500 in any other case may be imposed by Santé Québec on

(1)  a private institution that fails

(a)  to send Santé Québec a report on its activities, send it a complete report or send it such a report within the specified time limit in accordance with section 376;

(b)  to provide a statement to Santé Québec, send it a complete statement or send it such a statement within the specified time limit in accordance with section 377;

(c)  to send Santé Québec a report or an annual statistical report, send it a complete report or send it such a report within the specified time limit in accordance with section 496;

(d)  post in public view the document attesting its authorization in accordance with section 568; or

(e)  to provide to Santé Québec the contact information it requires under the second paragraph of section 641 or the second paragraph of section 658;

(2)  a specialized medical centre that fails

(a)  to post in public view the document attesting its authorization in accordance with section 568;

(b)  to send Santé Québec a report on its activities, send it a complete report or send it such a report within the specified time limit in accordance with section 592; or

(c)  to provide to Santé Québec the contact information it requires under the second paragraph of section 658;

(3)  a private seniors’ residence that fails

(a)  to post in public view the document attesting its authorization in accordance with section 568;

(b)  to file with Santé Québec a return updating information in accordance with section 610; or

(c)  to provide to Santé Québec the contact information it requires under the second paragraph of section 641 or the second paragraph of section 658;

(4)  an authorization holder that fails

(a)  to send Santé Québec an activity report or statements, statistical data and other information or send them to Santé Québec within the specified time limit in accordance with the first paragraph of section 644;

(b)  to send Santé Québec, within the time limit it specified, the information required under section 578 or 600; or

(c)  to inform its clientele of a decision by which Santé Québec suspends, revokes or does not renew the authorization under section 638; and

(5)  a person or group who fails to return the document attesting to an authorization under section 569.

2023, c. 34, s. 793.

Not in force

794. A monetary administrative penalty of $1,250 in the case of a natural person or $3,750 in any other case may be imposed by Santé Québec on

(1)  a private institution that fails

(a)  to create a watchdog committee in accordance with section 155 and subparagraph 1 of the first paragraph of section 346;

(b)  to establish a risk management committee in accordance with the first paragraph of section 174 and subparagraph 2 of the first paragraph of section 346;

(c)  to establish a users’ committee in accordance with section 179 and subparagraph 3 of the first paragraph of section 346;

(d)  to adopt a code of ethics in accordance with the first paragraph of section 350;

(e)  to appoint a person responsible for the quality of clinical services in accordance with the first paragraph of section 351;

(f)  to appoint a director of nursing care in accordance with the first paragraph of section 352 where no exemption has been granted by Santé Québec under the second or third paragraph of that section;

(g)  to establish and keep a record for each user in accordance with section 375;

(h)  to develop an intervention plan or an individualized service plan for a user under section 389 or 390;

(i)  to adopt a procedure for the application of control measures in accordance with section 393;

(j)  to adopt a procedure to regulate the confinement of persons in its facilities in accordance with section 394;

(k)  to comply with the conditions attached to its authorization under section 564; or

(l)  to send Santé Québec a cessation-of-activities plan, send it a complete plan or send it such a plan within the specified time limit in accordance with sections 608 and 616;

(2)  a specialized medical centre

(a)  that fails to comply with the conditions attached to its authorization under section 564;

(b)  that provides a specialized medical treatment not provided for in its authorization contrary to section 575;

(c)  whose board of directors or internal management board, contrary to the second paragraph of section 580, is not composed in the majority of physicians practising within the centre;

(d)  regarding which the shareholders of the legal person or the partners of the partnership, contrary to the third paragraph of section 580, have restricted the powers of the directors;

(e)  within which, contrary to section 581, the physicians practising are not exclusively physicians whose participation status with regard to the health insurance plan corresponds to that authorized for the specialized medical centre; or

(f)  that fails to appoint a medical and professional services director in accordance with section 591 or whose medical and professional services director does not practise within the centre contrary to that section;

(3)  a private seniors’ residence that fails

(a)  to send Santé Québec a cessation-of-activities plan, send it a complete plan or send it such a plan within the specified time limit in accordance with section 608; or

(b)  to comply with the conditions attached to its authorization under section 564; and

(4)  the operator of a place that fails to take the measures that Santé Québec requires under the second paragraph of section 700.

2023, c. 34, s. 794.

Not in force

795. Santé Québec may, by regulation, specify that an objectively observable failure to comply with a provision of Part VI or with another provision of this Act referred to in a provision of that Part may give rise to a monetary administrative penalty. Likewise, a regulation made under those provisions may specify that an objectively observable failure to comply with one of its provisions may also give rise to such a penalty.

A regulation referred to in the first paragraph may prescribe conditions for applying the penalty and set out the amounts or the methods for determining them. The amounts may vary according to the seriousness of the failure to comply, without exceeding $25,000.

2023, c. 34, s. 795.

Not in force

796. If a failure to comply for which a monetary administrative penalty may be imposed continues for more than one day, it constitutes a new failure for each day it continues.

2023, c. 34, s. 796.

Not in force

CHAPTER II NOTICE OF NON-COMPLIANCE AND IMPOSITION

2023, c. 34, c. II.

Not in force

797. In the event of a failure to comply referred to in Chapter I, a notice of non-compliance may be notified to the party responsible for the failure urging that the necessary measures be taken immediately to remedy it.

The notice must mention that the failure could, among other things, give rise to a monetary administrative penalty.

2023, c. 34, s. 797.

Not in force

798. The imposition of a monetary administrative penalty is prescribed two years after the date of the failure to comply.

2023, c. 34, s. 798.

Not in force

799. The monetary administrative penalty for a failure to comply with a provision of this Act or a regulation under it may not be imposed on the party responsible for the failure to comply if a statement of offence has already been served on the party for a failure to comply with the same provision on the same day, based on the same facts.

For the purposes of this Title, the party responsible for a failure to comply is the person or group on whom or which a monetary administrative penalty is imposed or could be imposed, as applicable, for a failure to comply referred to in Chapter I.

2023, c. 34, s. 799.

Not in force

800. A monetary administrative penalty is imposed on the party responsible for a failure to comply by the notification of a notice of claim.

The notice must state

(1)  the amount of the claim;

(2)  the reasons for it;

(3)  the time from which it bears interest;

(4)  the right, under section 801, to obtain a review of the decision to impose the penalty and the time limit for exercising that right; and

(5)  the right to contest the review decision before the Administrative Tribunal of Québec and the time limit for bringing such a proceeding.

The notice of claim must also include information on the procedure for recovery of the amount claimed. The party responsible for the failure to comply must also be informed that failure to pay the amount owing could give rise to the amendment, suspension or revocation of any authorization granted under this Act or to a refusal to grant such an authorization and, if applicable, that the facts on which the claim is founded may result in penal proceedings.

Unless otherwise provided, the amount owing bears interest at the rate determined under the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002), from the 31st day after notification of the notice.

2023, c. 34, s. 800.

Not in force

CHAPTER III REVIEW

2023, c. 34, c. III.

Not in force

801. The party responsible for a failure to comply may apply in writing to Santé Québec for a review of the decision to impose a monetary administrative penalty within 30 days after notification of the notice of claim.

The persons responsible for the review are designated by Santé Québec; they must not belong to the same administrative division as the persons responsible for imposing such penalties.

2023, c. 34, s. 801.

Not in force

802. The application for review must be dealt with promptly. After giving the applicant an opportunity to submit observations and produce any documents to complete the record, the person responsible for the review renders a decision on the basis of the record, unless the person considers it necessary to proceed in some other manner.

2023, c. 34, s. 802.

Not in force

803. The review decision must be written in clear and concise terms, with reasons given, must be notified to the applicant and must state the applicant’s right to contest the decision before the Administrative Tribunal of Québec and the time limit for bringing such a proceeding.

If the review decision is not rendered within 30 days after receipt of the application or, if applicable, after the time granted to the applicant to submit observations or produce documents, the interest provided for in the fourth paragraph of section 800 on the amount owing ceases to accrue until the decision is rendered.

2023, c. 34, s. 803.

Not in force

804. A review decision that confirms the imposition of a monetary administrative penalty may be contested before the Administrative Tribunal of Québec by the party responsible for the failure to comply to which the decision pertains, within 60 days after notification of the review decision.

The Tribunal may only confirm or quash the contested decision.

When rendering its decision, the Tribunal may make a ruling with respect to interest accrued on the penalty while the matter was pending before it.

2023, c. 34, s. 804.

Not in force

CHAPTER IV RECOVERY

2023, c. 34, c. IV.

Not in force

805. If the party responsible for a failure to comply has defaulted on payment of a monetary administrative penalty, its directors and officers are solidarily liable with that party for the payment of the penalty, unless they establish that they exercised due care and diligence to prevent the failure.

2023, c. 34, s. 805.

Not in force

806. The payment of a monetary administrative penalty is secured by a legal hypothec on the debtor’s movable and immovable property.

For the purposes of this chapter, the debtor is the party responsible for a failure to comply that is required to pay a monetary administrative penalty and, if applicable, each of its directors and officers who are solidarily liable with that party for the payment of the penalty.

2023, c. 34, s. 806.

Not in force

807. The debtor and Santé Québec may enter into a payment agreement with regard to an amount owing. Such an agreement, or the payment of such an amount, does not constitute, for the purposes of any other administrative penalty under this Act, an acknowledgement of the facts giving rise to it.

2023, c. 34, s. 807.

Not in force

808. If the amount owing is not paid in its entirety or the payment agreement is not complied with, Santé Québec may issue a recovery certificate on the expiry

(1)  of the time for applying for a review of the decision to impose the penalty;

(2)  of the time for contesting the review decision before the Administrative Tribunal of Québec; or

(3)  of 30 days after the final decision of the Tribunal confirming the decision to impose the penalty or the review decision, as applicable.

However, a recovery certificate may be issued before the expiry of a time referred to in the first paragraph if Santé Québec is of the opinion that the debtor is attempting to evade payment.

A recovery certificate must state the debtor’s name and address and the amount of the debt.

2023, c. 34, s. 808.

Not in force

809. Once a recovery certificate has been issued, any refund owed to a debtor by the Minister of Revenue may, in accordance with section 31 of the Tax Administration Act (chapter A-6.002), be withheld for payment of the amount referred to in the certificate.

Such withholding interrupts the prescription provided for in the Civil Code with regard to the recovery of an amount owing.

2023, c. 34, s. 809.

Not in force

810. On the filing of the recovery certificate at the office of the competent court, together with a reproduction of the final decision stating the amount of the debt, the decision becomes enforceable as if it were a final judgment of that court not subject to appeal, and has all the effects of such a judgment.

2023, c. 34, s. 810.

Not in force

811. The debtor is required to pay a recovery charge in the cases, under the conditions and in the amount determined by a regulation of Santé Québec.

2023, c. 34, s. 811.

Not in force

CHAPTER V REGISTER

2023, c. 34, c. V.

Not in force

812. Santé Québec keeps a register relating to monetary administrative penalties.

The register must contain at least the following information:

(1)  the date the penalty was imposed;

(2)  the date and nature of the failure, and the legislative or regulatory provisions under which the penalty was imposed;

(3)  if the penalty is imposed on a legal person or a general, limited or undeclared partnership, its name, the address of its principal establishment in Québec and, if it is registered, its Québec business number;

(4)  if the penalty is imposed on a natural person operating a sole proprietorship, their name, the name of the enterprise, the address of its principal establishment in Québec and, if it is registered, its Québec business number;

(5)  the amount of the penalty imposed;

(6)  the date of receipt of an application for review and the date and conclusions of the decision;

(7)  the date a proceeding is brought before the Administrative Tribunal of Québec and the date and conclusions of the decision rendered by the Tribunal, as soon as Santé Québec is made aware of the information;

(8)  the date a proceeding is brought against the decision rendered by the Administrative Tribunal of Québec, the nature of the proceeding and the date and conclusions of the decision rendered by the court concerned, as soon as Santé Québec is made aware of the information; and

(9)  any other information Santé Québec considers of public interest.

The information contained in the register is public information as of the time the decision imposing the penalty becomes final. The information is withdrawn three years after being entered in the register.

2023, c. 34, s. 812.

TITLE II PENAL PROVISIONS

2023, c. 34, Tit. II.

Not in force

813. The following are liable to a fine of $250 to $1,250 in the case of a natural person or $500 to $2,500 in any other case:

(1)  anyone who in any way hinders or attempts to hinder a person’s access to a place to which the person has a right of access and where services in the field of health and social services are provided;

(2)  anyone who, within a distance of 50 metres from the grounds on which a facility or premises where voluntary termination of pregnancy services are offered, demonstrates in any manner or intervenes in any other way to

(a)  attempt to dissuade a woman from obtaining such a service, or contests or condemns the woman’s choice of obtaining or having obtained the service, or

(b)  attempt to dissuade a person from providing, or from participating in the provision of, such a service, or contest or condemn the person’s choice of providing, or participating in the provision of, such a service or from working in such a place; and

(3)  a holder of an authorization for the operation of a private institution that contravenes the first paragraph of section 378.

2023, c. 34, s. 813.

Not in force

814. Anyone who threatens or intimidates a person who is accessing, trying to access or leaving a facility or premises where voluntary termination of pregnancy services are offered is liable to a fine of $500 to $2,500 in the case of a natural person or $1,000 to $5,000 in any other case.

2023, c. 34, s. 814.

Not in force

815. Anyone who contravenes a provision of a regulation whose violation constitutes an offence under subparagraph 5 of the first paragraph of section 643 is liable to a fine of $1,000 to $10,000 in the case of a natural person or $3,000 to $30,000 in any other case.

2023, c. 34, s. 815.

Not in force

816. Anyone, other than Santé Québec or a personnel member of a personnel placement agency, who contravenes a provision of a regulation whose violation constitutes an offence under subparagraph 7 of the second paragraph of section 668 is liable to a fine of $1,000 to $25,000 in the case of a natural person or $3,000 to $75,000 in any other case.

2023, c. 34, s. 816.

817. The following are liable to a fine of $2,500 to $25,000 in the case of a natural person or $7,500 to $75,000 in any other case:

Not in force

(1)  anyone who contravenes a provision determined by a regulation made under subparagraph 4 of the second paragraph of section 77;

Not in force

(2)  the holder of an authorization for the operation of a specialized medical centre operated in contravention of the first or second paragraph of section 580, the first paragraph of section 581 or the first paragraph of section 583;

Not in force

(3)  a shareholder or partner who is a party to an agreement entered into in contravention of the third paragraph of section 580;

Not in force

(4)  a producer or distributer of a good or service related to the field of health and social services that contravenes the fourth paragraph of section 580;

Not in force

(5)  a holder of an authorization for the operation of a specialized medical centre that contravenes the first, second or third paragraph of section 586;

Not in force

(6)  anyone who contravenes section 662; and

(7)  anyone who does not communicate to the Minister the information the Minister requires under the first paragraph of section 761.

2023, c. 34, s. 817.

Not in force

818. The following are liable to a fine of $2,500 to $62,500 in the case of a natural person or $7,500 to $187,500 in any other case:

(1)  an authorization holder that contravenes section 380, 587 or 605;

(2)  a holder of an authorization for the operation of a private institution that contravenes the first paragraph of section 406; and

(3)  the holder of an authorization for the operation of a private seniors’ residence, the new lessor referred to in section 609 or the holder of an authorization for the operation of a private institution referred to in section 616 who contravenes section 608.

2023, c. 34, s. 818.

819. The following are liable to a fine of $5,000 to $50,000 in the case of a natural person or $15,000 to $150,000 in any other case:

(1)  anyone who

Not in force

(a)  contravenes the first paragraph of section 70;

Not in force

(b)  contravenes the second paragraph of section 614;

Not in force

(c)  contravenes the second or third paragraph of section 625;

Not in force

(d)  contravenes sections 517 or 664 to 667;

Not in force

(e)  in any way hinders or attempts to hinder an inspector or investigator in the performance of inspection or investigation functions, in particular by concealment or misrepresentation or, in the case of an inspector, by refusing to provide a document or a file that the inspector is entitled to require under this Act;

Not in force

(f)  in any way hinders or attempts to hinder the performance of an observer appointed under section 648, in particular by refusing to let them attend the sittings of a board of directors or of a committee;

Not in force

(g)  takes or attempts to take reprisals in contravention of section 731; or

(h)  where the Minister requires information from them under the first paragraph of section 761, communicates information that is incomplete, false or misleading;

Not in force

(2)  an authorization holder

(a)  that fails to fulfill a condition prescribed by Santé Québec under section 564; or

(b)  that fails to take the corrective measures ordered by Santé Québec under section 630;

Not in force

(3)  a holder of an authorization for the operation of a specialized medical centre that contravenes section 582;

Not in force

(4)  a physician or dentist that contravenes section 663; and

Not in force

(5)  an authorization holder that contravenes section 573 as well as the director or partner of such a holder who gives their assent to a dissolution or liquidation in contravention of section 573 or a liquidator who agrees to proceed with such a liquidation.

2023, c. 34, s. 819.

Not in force

820. An operations manager who contravenes section 83 is liable to a fine of $5,000 to $100,000 in the case of a natural person or $15,000 to $150,000 in any other case.

2023, c. 34, s. 820.

Not in force

821. If the president and chief executive officer or a person who exercises management responsibilities under the immediate authority of the president and chief executive officer or that of the president and executive director of a Santé Québec institution accepts from anyone a remuneration or benefit referred to in the first paragraph of section 70, the president and chief executive officer or the person, as applicable, is liable to a fine of $15,000 to $150,000.

2023, c. 34, s. 821.

822. The minimum and maximum fines prescribed by this Act are doubled for a second offence and tripled for a third or subsequent offence.

In addition, if an offender commits an offence under a provision of this Act after having previously been found guilty of an offence under such a provision and if, without regard to the amounts prescribed for a subsequent offence, the minimum fine to which the offender was liable for the first offence was equal to or greater than the minimum fine prescribed for the second offence, the minimum and maximum fines become, if the prosecutor so requests, those prescribed in the case of a second offence or, if applicable, a third or subsequent offence.

This section applies where the prior finding of guilty was pronounced in the two-year period preceding the subsequent offence or, if the minimum fine to which the offender was liable for the prior offence was that prescribed in section 817 or 819, in the five-year period preceding the subsequent offence. Fines for a third or subsequent offence apply if the penalty imposed for the prior offence was the penalty for a second or subsequent offence.

2023, c. 34, s. 822.

823. If an offence under this Act is committed by a director or officer of a legal person or of another group, regardless of its juridical form, the minimum and maximum fines are double those applicable to a natural person for such an offence.

2023, c. 34, s. 823.

824. If an offence under this Act continues for more than one day, it constitutes a separate offence for each day it continues.

2023, c. 34, s. 824.

825. Anyone who, by an act or omission, helps or, by encouragement, advice or consent or by an authorization or order, induces a person to commit an offence under this Act is considered to have committed the same offence.

2023, c. 34, s. 825.

826. In any penal proceedings relating to an offence under this Act, proof that the offence was committed by a director, officer, agent, mandatary or employee of any party is sufficient to establish that it was committed by that party, unless the party establishes that it exercised due diligence, taking all necessary precautions to prevent the commission of the offence.

2023, c. 34, s. 826.

827. If a legal person or an agent, mandatary or employee of a legal person, of a partnership or of an association without legal personality commits an offence under this Act, the directors or officers of the legal person, partnership or association are presumed to have committed the offence unless they establish that they exercised due diligence, taking all necessary precautions to prevent the commission of the offence.

For the purposes of this section, in the case of a partnership, all partners, except special partners, are presumed to be directors of the partnership unless there is evidence to the contrary appointing one or more of them, or a third person, to manage the affairs of the partnership.

2023, c. 34, s. 827.

828. In any penal proceedings relating to an offence under this Act, a reproduction of a document is sufficient, in the absence of any evidence to the contrary, to establish proof of the facts contained in the reproduction if it is accompanied by an affidavit of the inspector attesting that it is an exact reproduction of the information to which the inspector had access under section 742.

2023, c. 34, s. 828.

829. In determining the penalty, the judge takes into account, in particular, the offender’s commercial objective or the increase in revenues the offender obtained, or intended to obtain, by committing the offence or by omitting to take measures to prevent it.

A judge who, despite the presence of the aggravating factor referred to in the first paragraph, decides to impose the minimum fine must give reasons for the decision.

2023, c. 34, s. 829.

830. On an application made by the prosecutor, the judge may impose on the offender, in addition to any other penalty, a further fine not exceeding any excess amount obtained by the offender because of the commission of the offence, even if the maximum fine has been imposed. A judge who decides not to impose that additional fine must give reasons for the decision.

2023, c. 34, s. 830.

831. Penal proceedings for an offence under a provision of this Act are prescribed five years after the commission of the offence.

2023, c. 34, s. 831.

PART XI AMENDING PROVISIONS

2023, c. 34, Part XI.

Civil Code of Québec

832. (Not in force).

2023, c. 34, s. 832.

833. (Not in force).

2023, c. 34, s. 833.

834. (Not in force).

2023, c. 34, s. 834.

835. (Not in force).

2023, c. 34, s. 835.

Act respecting the acceleration of certain infrastructure projects

836. (Not in force).

2023, c. 34, s. 836.

Act respecting equal access to employment in public bodies

837. (Not in force).

2023, c. 34, s. 837.

Act respecting Access to documents held by public bodies and the Protection of personal information

838. (Not in force).

2023, c. 34, s. 838.

Act to promote access to family medicine and specialized medicine services

839. (Not in force).

2023, c. 34, s. 839.

840. (Not in force).

2023, c. 34, s. 840.

841. (Not in force).

2023, c. 34, s. 841.

842. (Not in force).

2023, c. 34, s. 842.

843. (Not in force).

2023, c. 34, s. 843.

844. (Not in force).

2023, c. 34, s. 844.

845. (Not in force).

2023, c. 34, s. 845.

846. (Not in force).

2023, c. 34, s. 846.

847. (Not in force).

2023, c. 34, s. 847.

848. (Not in force).

2023, c. 34, s. 848.

849. (Not in force).

2023, c. 34, s. 849.

850. (Not in force).

2023, c. 34, s. 850.

851. (Not in force).

2023, c. 34, s. 851.

852. (Not in force).

2023, c. 34, s. 852.

853. (Not in force).

2023, c. 34, s. 853.

854. (Not in force).

2023, c. 34, s. 854.

855. (Not in force).

2023, c. 34, s. 855.

856. (Not in force).

2023, c. 34, s. 856.

857. (Not in force).

2023, c. 34, s. 857.

Workers’ Compensation Act

858. (Not in force).

2023, c. 34, s. 858.

859. (Not in force).

2023, c. 34, s. 859.

Act respecting industrial accidents and occupational diseases

860. (Not in force).

2023, c. 34, s. 860.

861. (Not in force).

2023, c. 34, s. 861.

862. (Not in force).

2023, c. 34, s. 862.

863. (Not in force).

2023, c. 34, s. 863.

864. (Not in force).

2023, c. 34, s. 864.

865. (Not in force).

2023, c. 34, s. 865.

866. (Not in force).

2023, c. 34, s. 866.

867. (Not in force).

2023, c. 34, s. 867.

868. (Not in force).

2023, c. 34, s. 868.

Act respecting clinical and research activities relating to assisted procreation

869. (Not in force).

2023, c. 34, s. 869.

870. (Not in force).

2023, c. 34, s. 870.

871. (Not in force).

2023, c. 34, s. 871.

872. (Not in force).

2023, c. 34, s. 872.

873. (Not in force).

2023, c. 34, s. 873.

874. (Not in force).

2023, c. 34, s. 874.

875. (Not in force).

2023, c. 34, s. 875.

876. (Not in force).

2023, c. 34, s. 876.

877. (Not in force).

2023, c. 34, s. 877.

878. (Not in force).

2023, c. 34, s. 878.

Funeral Operations Act

879. (Not in force).

2023, c. 34, s. 879.

880. (Not in force).

2023, c. 34, s. 880.

881. (Not in force).

2023, c. 34, s. 881.

882. (Not in force).

2023, c. 34, s. 882.

Financial Administration Act

883. (Not in force).

2023, c. 34, s. 883.

884. (Not in force).

2023, c. 34, s. 884.

Tax Administration Act

885. (Not in force).

2023, c. 34, s. 885.

886. (Not in force).

2023, c. 34, s. 886.

887. (Not in force).

2023, c. 34, s. 887.

Public Administration Act

888. (Not in force).

2023, c. 34, s. 888.

Individual and Family Assistance Act

889. (Not in force).

2023, c. 34, s. 889.

890. (Not in force).

2023, c. 34, s. 890.

Act respecting land use planning and development

891. (Not in force).

2023, c. 34, s. 891.

892. (Not in force).

2023, c. 34, s. 892.

Archives Act

893. (Not in force).

2023, c. 34, s. 893.

Act respecting the National Assembly

894. (Not in force).

2023, c. 34, s. 894.

Automobile Insurance Act

895. (Not in force).

2023, c. 34, s. 895.

896. (Not in force).

2023, c. 34, s. 896.

Hospital Insurance Act

897. (Not in force).

2023, c. 34, s. 897.

898. (Not in force).

2023, c. 34, s. 898.

899. (Amendment integrated into c. A-28, s. 2.2).

2023, c. 34, s. 899.

900. (Not in force).

2023, c. 34, s. 900.

901. (Not in force).

2023, c. 34, s. 901.

Health Insurance Act

902. (Not in force).

2023, c. 34, s. 902.

903. (Not in force).

2023, c. 34, s. 903.

904. (Not in force).

2023, c. 34, s. 904.

905. (Not in force).

2023, c. 34, s. 905.

906. (Not in force).

2023, c. 34, s. 906.

907. (Not in force).

2023, c. 34, s. 907.

908. (Not in force).

2023, c. 34, s. 908.

909. (Not in force).

2023, c. 34, s. 909.

910. (Not in force).

2023, c. 34, s. 910.

911. (Not in force).

2023, c. 34, s. 911.

912. (Not in force).

2023, c. 34, s. 912.

913. (Not in force).

2023, c. 34, s. 913.

914. (Not in force).

2023, c. 34, s. 914.

915. (Not in force).

2023, c. 34, s. 915.

916. (Not in force).

2023, c. 34, s. 916.

917. (Not in force).

2023, c. 34, s. 917.

918. (Not in force).

2023, c. 34, s. 918.

919. (Not in force).

2023, c. 34, s. 919.

920. (Not in force).

2023, c. 34, s. 920.

921. (Not in force).

2023, c. 34, s. 921.

922. (Not in force).

2023, c. 34, s. 922.

923. (Not in force).

2023, c. 34, s. 923.

924. (Not in force).

2023, c. 34, s. 924.

925. (Not in force).

2023, c. 34, s. 925.

926. (Not in force).

2023, c. 34, s. 926.

Act respecting prescription drug insurance

927. (Not in force).

2023, c. 34, s. 927.

928. (Not in force).

2023, c. 34, s. 928.

Act respecting parental insurance

929. (Not in force).

2023, c. 34, s. 929.

Act respecting the Autorité des marchés publics

930. (Not in force).

2023, c. 34, s. 930.

Building Act

931. (Not in force).

2023, c. 34, s. 931.

932. (Not in force).

2023, c. 34, s. 932.

Unclaimed Property Act

933. (Not in force).

2023, c. 34, s. 933.

Act respecting the Caisse de dépôt et placement du Québec

934. (Not in force).

2023, c. 34, s. 934.

Act to prevent skin cancer caused by artificial tanning

935. (Not in force).

2023, c. 34, s. 935.

936. (Not in force).

2023, c. 34, s. 936.

937. (Not in force).

2023, c. 34, s. 937.

938. (Not in force).

2023, c. 34, s. 938.

Cannabis Regulation Act

939. (Not in force).

2023, c. 34, s. 939.

940. (Not in force).

2023, c. 34, s. 940.

941. (Not in force).

2023, c. 34, s. 941.

942. (Not in force).

2023, c. 34, s. 942.

943. (Not in force).

2023, c. 34, s. 943.

Charter of the French Language

944. (Not in force).

2023, c. 34, s. 944.

945. (Not in force).

2023, c. 34, s. 945.

946. (Not in force).

2023, c. 34, s. 946.

947. (Not in force).

2023, c. 34, s. 947.

948. (Not in force).

2023, c. 34, s. 948.

949. (Not in force).

2023, c. 34, s. 949.

Cities and Towns Act

950. (Not in force).

2023, c. 34, s. 950.

951. (Not in force).

2023, c. 34, s. 951.

952. (Not in force).

2023, c. 34, s. 952.

953. (Not in force).

2023, c. 34, s. 953.

Code of ethics and conduct of the Members of the National Assembly

954. (Not in force).

2023, c. 34, s. 954.

955. (Not in force).

2023, c. 34, s. 955.

Highway Safety Code

956. (Not in force).

2023, c. 34, s. 956.

957. (Not in force).

2023, c. 34, s. 957.

958. (Not in force).

2023, c. 34, s. 958.

959. (Not in force).

2023, c. 34, s. 959.

960. (Not in force).

2023, c. 34, s. 960.

Code of Civil Procedure

961. (Not in force).

2023, c. 34, s. 961.

962. (Not in force).

2023, c. 34, s. 962.

963. (Not in force).

2023, c. 34, s. 963.

Code of Penal Procedure

964. (Not in force).

2023, c. 34, s. 964.

965. (Not in force).

2023, c. 34, s. 965.

Professional Code

966. (Not in force).

2023, c. 34, s. 966.

967. (Not in force).

2023, c. 34, s. 967.

Labour Code

968. (Not in force).

2023, c. 34, s. 968.

Municipal Code of Québec

969. (Not in force).

2023, c. 34, s. 969.

970. (Not in force).

2023, c. 34, s. 970.

971. (Not in force).

2023, c. 34, s. 971.

972. (Not in force).

2023, c. 34, s. 972.

973. (Not in force).

2023, c. 34, s. 973.

Act respecting the Health and Welfare Commissioner

974. (Not in force).

2023, c. 34, s. 974.

975. (Not in force).

2023, c. 34, s. 975.

976. (Not in force).

2023, c. 34, s. 976.

977. (Not in force).

2023, c. 34, s. 977.

Act to authorize the communication of personal information to the families of Indigenous children who went missing or died after being admitted to an institution

978. (Not in force).

2023, c. 34, s. 978.

Municipal Powers Act

979. (Not in force).

2023, c. 34, s. 979.

Act respecting contracting by public bodies

980. (Not in force).

2023, c. 34, s. 980.

981. (Not in force).

2023, c. 34, s. 981.

Coroners Act

982. (Not in force).

2023, c. 34, s. 982.

983. (Not in force).

2023, c. 34, s. 983.

984. (Not in force).

2023, c. 34, s. 984.

985. (Not in force).

2023, c. 34, s. 985.

986. (Not in force).

2023, c. 34, s. 986.

987. (Not in force).

2023, c. 34, s. 987.

988. (Not in force).

2023, c. 34, s. 988.

989. (Not in force).

2023, c. 34, s. 989.

990. (Not in force).

2023, c. 34, s. 990.

Public Curator Act

991. (Not in force).

2023, c. 34, s. 991.

992. (Not in force).

2023, c. 34, s. 992.

Act respecting collective agreement decrees

993. (Not in force).

2023, c. 34, s. 993.

Dental Act

994. (Not in force).

2023, c. 34, s. 994.

995. (Not in force).

2023, c. 34, s. 995.

996. (Not in force).

2023, c. 34, s. 996.

997. (Not in force).

2023, c. 34, s. 997.

Act respecting the development of Québec firms in the book industry

998. (Not in force).

2023, c. 34, s. 998.

Act to facilitate the disclosure of wrongdoings relating to public bodies

999. (Not in force).

2023, c. 34, s. 999.

1000. (Not in force).

2023, c. 34, s. 1000.

Act respecting elections and referendums in municipalities

1001. (Not in force).

2023, c. 34, s. 1001.

1002. (Not in force).

2023, c. 34, s. 1002.

1003. (Not in force).

2023, c. 34, s. 1003.

1004. (Not in force).

2023, c. 34, s. 1004.

1005. (Not in force).

2023, c. 34, s. 1005.

1006. (Not in force).

2023, c. 34, s. 1006.

1007. (Not in force).

2023, c. 34, s. 1007.

Act respecting school elections to elect certain members of the boards of directors of English-language school service centres

1008. (Not in force).

2023, c. 34, s. 1008.

Election Act

1009. (Not in force).

2023, c. 34, s. 1009.

1010. (Not in force).

2023, c. 34, s. 1010.

1011. (Not in force).

2023, c. 34, s. 1011.

1012. (Not in force).

2023, c. 34, s. 1012.

1013. (Not in force).

2023, c. 34, s. 1013.

Act respecting private education

1014. (Not in force).

2023, c. 34, s. 1014.

Act to provide for balanced budgets in the public health and social services network

1015. (Not in force).

2023, c. 34, s. 1015.

1016. (Not in force).

2023, c. 34, s. 1016.

1017. (Not in force).

2023, c. 34, s. 1017.

1018. (Not in force).

2023, c. 34, s. 1018.

1019. (Not in force).

2023, c. 34, s. 1019.

1020. (Not in force).

2023, c. 34, s. 1020.

1021. (Not in force).

2023, c. 34, s. 1021.

1022. (Not in force).

2023, c. 34, s. 1022.

1023. (Not in force).

2023, c. 34, s. 1023.

1024. (Not in force).

2023, c. 34, s. 1024.

1025. (Not in force).

2023, c. 34, s. 1025.

Pay Equity Act

1026. (Not in force).

2023, c. 34, s. 1026.

Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration

1027. (Not in force).

2023, c. 34, s. 1027.

Act respecting municipal taxation

1028. (Not in force).

2023, c. 34, s. 1028.

1029. (Not in force).

2023, c. 34, s. 1029.

1030. (Not in force).

2023, c. 34, s. 1030.

1031. (Not in force).

2023, c. 34, s. 1031.

1032. (Not in force).

2023, c. 34, s. 1032.

Act respecting workforce management and control within government departments, public sector bodies and networks and state-owned enterprises

1033. (Not in force).

2023, c. 34, s. 1033.

1034. (Not in force).

2023, c. 34, s. 1034.

Act respecting the governance of state-owned enterprises

1035. (Not in force).

2023, c. 34, s. 1035.

1036. (Not in force).

2023, c. 34, s. 1036.

Act respecting the governance and management of the information resources of public bodies and government enterprises

1037. (Not in force).

2023, c. 34, s. 1037.

Act respecting Héma-Québec and the biovigilance committee

1038. (Not in force).

2023, c. 34, s. 1038.

1039. (Not in force).

2023, c. 34, s. 1039.

1040. (Not in force).

2023, c. 34, s. 1040.

1041. (Not in force).

2023, c. 34, s. 1041.

1042. (Not in force).

2023, c. 34, s. 1042.

1043. (Not in force).

2023, c. 34, s. 1043.

1044. (Not in force).

2023, c. 34, s. 1044.

1045. (Not in force).

2023, c. 34, s. 1045.

1046. (Not in force).

2023, c. 34, s. 1046.

Act respecting hours and days of admission to commercial establishments

1047. (Not in force).

2023, c. 34, s. 1047.

Taxation Act

1048. (Not in force).

2023, c. 34, s. 1048.

1049. (Not in force).

2023, c. 34, s. 1049.

1050. (Not in force).

2023, c. 34, s. 1050.

1051. (Not in force).

2023, c. 34, s. 1051.

1052. (Not in force).

2023, c. 34, s. 1052.

1053. (Not in force).

2023, c. 34, s. 1053.

1054. (Not in force).

2023, c. 34, s. 1054.

1055. (Not in force).

2023, c. 34, s. 1055.

1056. (Not in force).

2023, c. 34, s. 1056.

Act to limit the indexation of several government tariffs

1057. (Not in force).

2023, c. 34, s. 1057.

Nurses Act

1058. (Not in force).

2023, c. 34, s. 1058.

1059. (Not in force).

2023, c. 34, s. 1059.

1060. (Not in force).

2023, c. 34, s. 1060.

Public Infrastructure Act

1061. (Not in force).

2023, c. 34, s. 1061.

1062. (Not in force).

2023, c. 34, s. 1062.

1063. (Not in force).

2023, c. 34, s. 1063.

1064. (Not in force).

2023, c. 34, s. 1064.

1065. (Not in force).

2023, c. 34, s. 1065.

1066. (Not in force).

2023, c. 34, s. 1066.

1067. (Not in force).

2023, c. 34, s. 1067.

1068. (Not in force).

2023, c. 34, s. 1068.

Act respecting the Institut de la statistique du Québec

1069. (Not in force).

2023, c. 34, s. 1069.

Act respecting the Institut national d’excellence en santé et en services sociaux

1070. (Not in force).

2023, c. 34, s. 1070.

1071. (Not in force).

2023, c. 34, s. 1071.

1072. (Not in force).

2023, c. 34, s. 1072.

Act respecting Institut national de santé publique du Québec

1073. (Not in force).

2023, c. 34, s. 1073.

1074. (Not in force).

2023, c. 34, s. 1074.

1075. (Not in force).

2023, c. 34, s. 1075.

1076. (Not in force).

2023, c. 34, s. 1076.

Education Act

1077. (Not in force).

2023, c. 34, s. 1077.

1078. (Not in force).

2023, c. 34, s. 1078.

1079. (Not in force).

2023, c. 34, s. 1079.

The Education Act for Cree, Inuit and Naskapi Native Persons

1080. (Not in force).

2023, c. 34, s. 1080.

Derivatives Act

1081. (Not in force).

2023, c. 34, s. 1081.

Act respecting administrative justice

1082. (Not in force).

2023, c. 34, s. 1082.

1083. (Not in force).

2023, c. 34, s. 1083.

1084. (Not in force).

2023, c. 34, s. 1084.

1085. (Not in force).

2023, c. 34, s. 1085.

Act respecting medical laboratories and organ and tissue conservation

1086. (Not in force).

2023, c. 34, s. 1086.

1087. (Not in force).

2023, c. 34, s. 1087.

1088. (Not in force).

2023, c. 34, s. 1088.

1089. (Not in force).

2023, c. 34, s. 1089.

Act respecting the laicity of the State

1090. (Not in force).

2023, c. 34, s. 1090.

1091. (Not in force).

2023, c. 34, s. 1091.

1092. (Not in force).

2023, c. 34, s. 1092.

Anti-Corruption Act

1093. (Not in force).

2023, c. 34, s. 1093.

Tobacco Control Act

1094. (Not in force).

2023, c. 34, s. 1094.

1095. (Not in force).

2023, c. 34, s. 1095.

1096. (Not in force).

2023, c. 34, s. 1096.

1097. (Not in force).

2023, c. 34, s. 1097.

1098. (Not in force).

2023, c. 34, s. 1098.

1099. (Not in force).

2023, c. 34, s. 1099.

1100. (Not in force).

2023, c. 34, s. 1100.

1101. (Not in force).

2023, c. 34, s. 1101.

1102. (Not in force).

2023, c. 34, s. 1102.

1103. (Not in force).

2023, c. 34, s. 1103.

1104. (Not in force).

2023, c. 34, s. 1104.

Act to combat maltreatment of seniors and other persons of full age in vulnerable situations

1105. (Not in force).

2023, c. 34, s. 1105.

1106. (Not in force).

2023, c. 34, s. 1106.

1107. (Not in force).

2023, c. 34, s. 1107.

1108. (Not in force).

2023, c. 34, s. 1108.

1109. (Not in force).

2023, c. 34, s. 1109.

1110. (Not in force).

2023, c. 34, s. 1110.

1111. (Not in force).

2023, c. 34, s. 1111.

1112. (Not in force).

2023, c. 34, s. 1112.

1113. (Not in force).

2023, c. 34, s. 1113.

1114. (Not in force).

2023, c. 34, s. 1114.

1115. (Not in force).

2023, c. 34, s. 1115.

1116. (Not in force).

2023, c. 34, s. 1116.

1117. (Not in force).

2023, c. 34, s. 1117.

1118. (Not in force).

2023, c. 34, s. 1118.

1119. (Not in force).

2023, c. 34, s. 1119.

Act to ensure that essential services are maintained in the health and social services sector

1120. (Not in force).

2023, c. 34, s. 1120.

1121. (Not in force).

2023, c. 34, s. 1121.

1122. (Not in force).

2023, c. 34, s. 1122.

1123. (Not in force).

2023, c. 34, s. 1123.

1124. (Not in force).

2023, c. 34, s. 1124.

1125. (Not in force).

2023, c. 34, s. 1125.

1126. (Not in force).

2023, c. 34, s. 1126.

1127. (Not in force).

2023, c. 34, s. 1127.

1128. (Not in force).

2023, c. 34, s. 1128.

1129. (Not in force).

2023, c. 34, s. 1129.

1130. (Not in force).

2023, c. 34, s. 1130.

Medical Act

1131. (Not in force).

2023, c. 34, s. 1131.

1132. (Not in force).

2023, c. 34, s. 1132.

1133. (Not in force).

2023, c. 34, s. 1133.

1134. (Not in force).

2023, c. 34, s. 1134.

1135. (Not in force).

2023, c. 34, s. 1135.

1136. (Not in force).

2023, c. 34, s. 1136.

1137. (Not in force).

2023, c. 34, s. 1137.

Act respecting the Ministère de la Santé et des Services sociaux

1138. (Not in force).

2023, c. 34, s. 1138.

1139. (Not in force).

2023, c. 34, s. 1139.

1140. (Not in force).

2023, c. 34, s. 1140.

1141. (Not in force).

2023, c. 34, s. 1141.

1142. (Not in force).

2023, c. 34, s. 1142.

1143. (Not in force).

2023, c. 34, s. 1143.

Act respecting the Ministère des Finances

1144. (Not in force).

2023, c. 34, s. 1144.

Act respecting the Ministère du Conseil exécutif

1145. (Not in force).

2023, c. 34, s. 1145.

Act respecting labour standards

1146. (Not in force).

2023, c. 34, s. 1146.

Optometry Act

1147. (Not in force).

2023, c. 34, s. 1147.

1148. (Not in force).

2023, c. 34, s. 1148.

Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies

1149. (Not in force).

2023, c. 34, s. 1149.

Act respecting the sharing of certain health information

1150. (Not in force).

2023, c. 34, s. 1150.

1151. (Not in force).

2023, c. 34, s. 1151.

1152. (Not in force).

2023, c. 34, s. 1152.

1153. (Not in force).

2023, c. 34, s. 1153.

1154. (Not in force).

2023, c. 34, s. 1154.

1155. (Not in force).

2023, c. 34, s. 1155.

1156. (Not in force).

2023, c. 34, s. 1156.

1157. (Not in force).

2023, c. 34, s. 1157.

1158. (Not in force).

2023, c. 34, s. 1158.

Act to assist persons who are victims of criminal offences and to facilitate their recovery

1159. (Not in force).

2023, c. 34, s. 1159.

Pharmacy Act

1160. (Not in force).

2023, c. 34, s. 1160.

1161. (Not in force).

2023, c. 34, s. 1161.

1162. (Not in force).

2023, c. 34, s. 1162.

1163. (Not in force).

2023, c. 34, s. 1163.

Food Products Act

1164. (Not in force).

2023, c. 34, s. 1164.

1165. (Not in force).

2023, c. 34, s. 1165.

Act respecting the Health and Social Services Ombudsman

1166. (Not in force).

2023, c. 34, s. 1166.

1167. (Not in force).

2023, c. 34, s. 1167.

1168. (Not in force).

2023, c. 34, s. 1168.

1169. (Not in force).

2023, c. 34, s. 1169.

1170. (Not in force).

2023, c. 34, s. 1170.

1171. (Not in force).

2023, c. 34, s. 1171.

1172. (Not in force).

2023, c. 34, s. 1172.

1173. (Not in force).

2023, c. 34, s. 1173.

1174. (Not in force).

2023, c. 34, s. 1174.

Public Protector Act

1175. (Not in force).

2023, c. 34, s. 1175.

Youth Protection Act

1176. (Not in force).

2023, c. 34, s. 1176.

1177. (Not in force).

2023, c. 34, s. 1177.

1178. (Not in force).

2023, c. 34, s. 1178.

1179. (Not in force).

2023, c. 34, s. 1179.

1180. (Not in force).

2023, c. 34, s. 1180.

1181. (Not in force).

2023, c. 34, s. 1181.

1182. (Not in force).

2023, c. 34, s. 1182.

1183. (Not in force).

2023, c. 34, s. 1183.

1184. (Not in force).

2023, c. 34, s. 1184.

1185. (Not in force).

2023, c. 34, s. 1185.

1186. (Not in force).

2023, c. 34, s. 1186.

1187. (Not in force).

2023, c. 34, s. 1187.

1188. (Not in force).

2023, c. 34, s. 1188.

1189. (Not in force).

2023, c. 34, s. 1189.

1190. (Not in force).

2023, c. 34, s. 1190.

1191. (Not in force).

2023, c. 34, s. 1191.

1192. (Not in force).

2023, c. 34, s. 1192.

1193. (Not in force).

2023, c. 34, s. 1193.

1194. (Not in force).

2023, c. 34, s. 1194.

1195. (Not in force).

2023, c. 34, s. 1195.

1196. (Not in force).

2023, c. 34, s. 1196.

Act to protect persons with regard to activities involving firearms

1197. (Not in force).

2023, c. 34, s. 1197.

Act respecting the protection of persons whose mental state presents a danger to themselves or to others

1198. (Not in force).

2023, c. 34, s. 1198.

1199. (Not in force).

2023, c. 34, s. 1199.

Environment Quality Act

1200. (Not in force).

2023, c. 34, s. 1200.

1201. (Not in force).

2023, c. 34, s. 1201.

Act to recognize and support caregivers

1202. (Not in force).

2023, c. 34, s. 1202.

1203. (Not in force).

2023, c. 34, s. 1203.

1204. (Not in force).

2023, c. 34, s. 1204.

1205. (Not in force).

2023, c. 34, s. 1205.

Tobacco-related Damages and Health Care Costs Recovery Act

1206. (Not in force).

2023, c. 34, s. 1206.

Act respecting the Régie de l’assurance maladie du Québec

1207. (Not in force).

2023, c. 34, s. 1207.

1208. (Not in force).

2023, c. 34, s. 1208.

1209. (Not in force).

2023, c. 34, s. 1209.

Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors

1210. (Not in force).

2023, c. 34, s. 1210.

1211. (Amendment integrated into c. R-8.2, s. 28).

2023, c. 34, s. 1211.

1212. (Not in force).

2023, c. 34, s. 1212.

1213. (Not in force).

2023, c. 34, s. 1213.

Act respecting the Québec Pension Plan

1214. (Not in force).

2023, c. 34, s. 1214.

1215. (Not in force).

2023, c. 34, s. 1215.

Act respecting the Pension Plan of Peace Officers in Correctional Services

1216. (Not in force).

2023, c. 34, s. 1216.

1217. (Not in force).

2023, c. 34, s. 1217.

Act respecting the Government and Public Employees Retirement Plan

1218. (Not in force).

2023, c. 34, s. 1218.

1219. (Not in force).

2023, c. 34, s. 1219.

1220. (Not in force).

2023, c. 34, s. 1220.

1221. (Not in force).

2023, c. 34, s. 1221.

1222. (Not in force).

2023, c. 34, s. 1222.

Act respecting the Civil Service Superannuation Plan

1223. (Not in force).

2023, c. 34, s. 1223.

Act respecting the pension plan of management personnel

1224. (Not in force).

2023, c. 34, s. 1224.

1225. (Not in force).

2023, c. 34, s. 1225.

1226. (Not in force).

2023, c. 34, s. 1226.

1227. (Not in force).

2023, c. 34, s. 1227.

Regulations Act

1228. (Not in force).

2023, c. 34, s. 1228.

Act respecting labour relations, vocational training and workforce management in the construction industry

1229. (Not in force).

2023, c. 34, s. 1229.

Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements

1230. (Not in force).

2023, c. 34, s. 1230.

1231. (Not in force).

2023, c. 34, s. 1231.

1232. (Not in force).

2023, c. 34, s. 1232.

1233. (Not in force).

2023, c. 34, s. 1233.

1234. (Not in force).

2023, c. 34, s. 1234.

1235. (Not in force).

2023, c. 34, s. 1235.

1236. (Not in force).

2023, c. 34, s. 1236.

1237. (Not in force).

2023, c. 34, s. 1237.

1238. (Not in force).

2023, c. 34, s. 1238.

1239. (Not in force).

2023, c. 34, s. 1239.

1240. (Not in force).

2023, c. 34, s. 1240.

1241. (Not in force).

2023, c. 34, s. 1241.

1242. (Not in force).

2023, c. 34, s. 1242.

1243. (Not in force).

2023, c. 34, s. 1243.

1244. (Not in force).

2023, c. 34, s. 1244.

1245. (Not in force).

2023, c. 34, s. 1245.

1246. (Amendment integrated in part into c. R-24.0.2, s. 55).

2023, c. 34, s. 1246.

1247. (Not in force).

2023, c. 34, s. 1247.

1248. (Not in force).

2023, c. 34, s. 1248.

1249. (Not in force).

2023, c. 34, s. 1249.

Act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies

1250. (Not in force).

2023, c. 34, s. 1250.

1251. (Not in force).

2023, c. 34, s. 1251.

1252. (Not in force).

2023, c. 34, s. 1252.

1253. (Not in force).

2023, c. 34, s. 1253.

Act respecting occupational health and safety

1254. (Not in force).

2023, c. 34, s. 1254.

1255. (Not in force).

2023, c. 34, s. 1255.

1256. (Not in force).

2023, c. 34, s. 1256.

1257. (Not in force).

2023, c. 34, s. 1257.

1258. (Not in force).

2023, c. 34, s. 1258.

1259. (Not in force).

2023, c. 34, s. 1259.

1260. (Not in force).

2023, c. 34, s. 1260.

1261. (Not in force).

2023, c. 34, s. 1261.

1262. (Not in force).

2023, c. 34, s. 1262.

1263. (Not in force).

2023, c. 34, s. 1263.

Public Health Act

1264. (Not in force).

2023, c. 34, s. 1264.

1265. (Not in force).

2023, c. 34, s. 1265.

1266. (Not in force).

2023, c. 34, s. 1266.

1267. (Not in force).

2023, c. 34, s. 1267.

1268. (Not in force).

2023, c. 34, s. 1268.

1269. (Not in force).

2023, c. 34, s. 1269.

1270. (Not in force).

2023, c. 34, s. 1270.

1271. (Not in force).

2023, c. 34, s. 1271.

1272. (Not in force).

2023, c. 34, s. 1272.

1273. (Not in force).

2023, c. 34, s. 1273.

1274. (Not in force).

2023, c. 34, s. 1274.

1275. (Not in force).

2023, c. 34, s. 1275.

1276. (Not in force).

2023, c. 34, s. 1276.

1277. (Not in force).

2023, c. 34, s. 1277.

1278. (Not in force).

2023, c. 34, s. 1278.

1279. (Not in force).

2023, c. 34, s. 1279.

1280. (Not in force).

2023, c. 34, s. 1280.

1281. (Not in force).

2023, c. 34, s. 1281.

1282. (Not in force).

2023, c. 34, s. 1282.

1283. (Not in force).

2023, c. 34, s. 1283.

1284. (Not in force).

2023, c. 34, s. 1284.

1285. (Not in force).

2023, c. 34, s. 1285.

1286. (Not in force).

2023, c. 34, s. 1286.

1287. (Not in force).

2023, c. 34, s. 1287.

Act respecting safety in sports

1288. (Not in force).

2023, c. 34, s. 1288.

Fire Safety Act

1289. (Not in force).

2023, c. 34, s. 1289.

Educational Childcare Act

1290. (Not in force).

2023, c. 34, s. 1290.

1291. (Not in force).

2023, c. 34, s. 1291.

1292. (Not in force).

2023, c. 34, s. 1292.

Act respecting health services and social services

1293. (Not in force).

2023, c. 34, s. 1293.

1294. (Not in force).

2023, c. 34, s. 1294.

1295. (Amendment integrated into c. S-4.2, s. 108).

2023, c. 34, s. 1295.

1296. (Not in force).

2023, c. 34, s. 1296.

1297. (Not in force).

2023, c. 34, s. 1297.

1298. (Not in force).

2023, c. 34, s. 1298.

1299. (Not in force).

2023, c. 34, s. 1299.

1300. (Not in force).

2023, c. 34, s. 1300.

1301. (Amendment integrated into c. S-4.2, s. 349.3).

2023, c. 34, s. 1301.

1302. (Not in force).

2023, c. 34, s. 1302.

1303. (Not in force).

2023, c. 34, s. 1303.

1304. (Not in force).

2023, c. 34, s. 1304.

1305. (Not in force).

2023, c. 34, s. 1305.

1306. (Not in force).

2023, c. 34, s. 1306.

1307. (Not in force).

2023, c. 34, s. 1307.

1308. (Not in force).

2023, c. 34, s. 1308.

1309. (Not in force).

2023, c. 34, s. 1309.

1310. (Not in force).

2023, c. 34, s. 1310.

1311. (Not in force).

2023, c. 34, s. 1311.

1312. (Not in force).

2023, c. 34, s. 1312.

Act respecting pre-hospital emergency services

1313. (Not in force).

2023, c. 34, s. 1313.

1314. (Not in force).

2023, c. 34, s. 1314.

1315. (Not in force).

2023, c. 34, s. 1315.

1316. (Not in force).

2023, c. 34, s. 1316.

1317. (Not in force).

2023, c. 34, s. 1317.

1318. (Not in force).

2023, c. 34, s. 1318.

1319. (Not in force).

2023, c. 34, s. 1319.

1320. (Not in force).

2023, c. 34, s. 1320.

1321. (Not in force).

2023, c. 34, s. 1321.

1322. (Not in force).

2023, c. 34, s. 1322.

1323. (Not in force).

2023, c. 34, s. 1323.

1324. (Not in force).

2023, c. 34, s. 1324.

1325. (Not in force).

2023, c. 34, s. 1325.

1326. (Not in force).

2023, c. 34, s. 1326.

1327. (Not in force).

2023, c. 34, s. 1327.

1328. (Not in force).

2023, c. 34, s. 1328.

1329. (Not in force).

2023, c. 34, s. 1329.

1330. (Not in force).

2023, c. 34, s. 1330.

1331. (Not in force).

2023, c. 34, s. 1331.

1332. (Not in force).

2023, c. 34, s. 1332.

1333. (Not in force).

2023, c. 34, s. 1333.

1334. (Not in force).

2023, c. 34, s. 1334.

1335. (Not in force).

2023, c. 34, s. 1335.

1336. (Not in force).

2023, c. 34, s. 1336.

1337. (Not in force).

2023, c. 34, s. 1337.

1338. (Not in force).

2023, c. 34, s. 1338.

1339. (Not in force).

2023, c. 34, s. 1339.

1340. (Not in force).

2023, c. 34, s. 1340.

1341. (Not in force).

2023, c. 34, s. 1341.

1342. (Not in force).

2023, c. 34, s. 1342.

1343. (Not in force).

2023, c. 34, s. 1343.

1344. (Not in force).

2023, c. 34, s. 1344.

1345. (Not in force).

2023, c. 34, s. 1345.

1346. (Not in force).

2023, c. 34, s. 1346.

1347. (Not in force).

2023, c. 34, s. 1347.

1348. (Not in force).

2023, c. 34, s. 1348.

1349. (Not in force).

2023, c. 34, s. 1349.

1350. (Not in force).

2023, c. 34, s. 1350.

1351. (Not in force).

2023, c. 34, s. 1351.

1352. (Not in force).

2023, c. 34, s. 1352.

1353. (Not in force).

2023, c. 34, s. 1353.

1354. (Not in force).

2023, c. 34, s. 1354.

1355. (Not in force).

2023, c. 34, s. 1355.

1356. (Not in force).

2023, c. 34, s. 1356.

1357. (Not in force).

2023, c. 34, s. 1357.

1358. (Not in force).

2023, c. 34, s. 1358.

1359. (Not in force).

2023, c. 34, s. 1359.

1360. (Not in force).

2023, c. 34, s. 1360.

1361. (Not in force).

2023, c. 34, s. 1361.

1362. (Not in force).

2023, c. 34, s. 1362.

1363. (Not in force).

2023, c. 34, s. 1363.

1364. (Not in force).

2023, c. 34, s. 1364.

1365. (Not in force).

2023, c. 34, s. 1365.

1366. (Not in force).

2023, c. 34, s. 1366.

1367. (Not in force).

2023, c. 34, s. 1367.

1368. (Not in force).

2023, c. 34, s. 1368.

1369. (Amendment integrated into c. S-6.2, c. VI.1, s. 80.1).

2023, c. 34, s. 1369.

1370. (Not in force).

2023, c. 34, s. 1370.

1371. (Not in force).

2023, c. 34, s. 1371.

1372. (Not in force).

2023, c. 34, s. 1372.

1373. (Not in force).

2023, c. 34, s. 1373.

1374. (Not in force).

2023, c. 34, s. 1374.

1375. (Not in force).

2023, c. 34, s. 1375.

1376. (Not in force).

2023, c. 34, s. 1376.

1377. (Not in force).

2023, c. 34, s. 1377.

1378. (Not in force).

2023, c. 34, s. 1378.

1379. (Not in force).

2023, c. 34, s. 1379.

1380. (Not in force).

2023, c. 34, s. 1380.

1381. (Not in force).

2023, c. 34, s. 1381.

1382. (Not in force).

2023, c. 34, s. 1382.

1383. (Not in force).

2023, c. 34, s. 1383.

1384. (Not in force).

2023, c. 34, s. 1384.

1385. (Not in force).

2023, c. 34, s. 1385.

1386. (Not in force).

2023, c. 34, s. 1386.

1387. (Not in force).

2023, c. 34, s. 1387.

1388. (Not in force).

2023, c. 34, s. 1388.

1389. (Not in force).

2023, c. 34, s. 1389.

1390. (Not in force).

2023, c. 34, s. 1390.

1391. (Not in force).

2023, c. 34, s. 1391.

1392. (Not in force).

2023, c. 34, s. 1392.

1393. (Not in force).

2023, c. 34, s. 1393.

1394. (Not in force).

2023, c. 34, s. 1394.

Act respecting end-of-life care

1395. (Not in force).

2023, c. 34, s. 1395.

1396. (Not in force).

2023, c. 34, s. 1396.

1397. (Not in force).

2023, c. 34, s. 1397.

1398. (Not in force).

2023, c. 34, s. 1398.

1399. (Not in force).

2023, c. 34, s. 1399.

1400. (Not in force).

2023, c. 34, s. 1400.

1401. (Not in force).

2023, c. 34, s. 1401.

1402. (Not in force).

2023, c. 34, s. 1402.

1403. (Not in force).

2023, c. 34, s. 1403.

1404. (Not in force).

2023, c. 34, s. 1404.

1405. (Not in force).

2023, c. 34, s. 1405.

1406. (Not in force).

2023, c. 34, s. 1406.

1407. (Not in force).

2023, c. 34, s. 1407.

1408. (Not in force).

2023, c. 34, s. 1408.

1409. (Not in force).

2023, c. 34, s. 1409.

1410. (Not in force).

2023, c. 34, s. 1410.

1411. (Not in force).

2023, c. 34, s. 1411.

1412. (Not in force).

2023, c. 34, s. 1412.

1413. (Not in force).

2023, c. 34, s. 1413.

1414. (Not in force).

2023, c. 34, s. 1414.

1415. (Not in force).

2023, c. 34, s. 1415.

1416. (Not in force).

2023, c. 34, s. 1416.

1417. (Not in force).

2023, c. 34, s. 1417.

1418. (Not in force).

2023, c. 34, s. 1418.

1419. (Not in force).

2023, c. 34, s. 1419.

1420. (Not in force).

2023, c. 34, s. 1420.

1421. (Not in force).

2023, c. 34, s. 1421.

1422. (Not in force).

2023, c. 34, s. 1422.

1423. (Not in force).

2023, c. 34, s. 1423.

1424. (Not in force).

2023, c. 34, s. 1424.

1425. (Not in force).

2023, c. 34, s. 1425.

Act respecting the Québec sales tax

1426. (Not in force).

2023, c. 34, s. 1426.

1427. (Not in force).

2023, c. 34, s. 1427.

The Marine Products Processing Act

1428. (Not in force).

2023, c. 34, s. 1428.

Act respecting remunerated passenger transportation by automobile

1429. (Not in force).

2023, c. 34, s. 1429.

1430. (Not in force).

2023, c. 34, s. 1430.

Act respecting the Administrative Housing Tribunal

1431. (Not in force).

2023, c. 34, s. 1431.

1432. (Not in force).

2023, c. 34, s. 1432.

Act respecting bargaining units in the social affairs sector

1433. (Not in force).

2023, c. 34, s. 1433.

1434. (Not in force).

2023, c. 34, s. 1434.

1435. (Not in force).

2023, c. 34, s. 1435.

1436. (Not in force).

2023, c. 34, s. 1436.

1437. (Not in force).

2023, c. 34, s. 1437.

1438. (Not in force).

2023, c. 34, s. 1438.

1439. (Not in force).

2023, c. 34, s. 1439.

1440. (Not in force).

2023, c. 34, s. 1440.

1441. (Not in force).

2023, c. 34, s. 1441.

1442. (Amendment integrated into c. U-0.1, s. 70).

2023, c. 34, s. 1442.

1443. (Amendment integrated into c. U-0.1, s. 71).

2023, c. 34, s. 1443.

1444. (Amendment integrated into c. U-0.1, s. 88).

2023, c. 34, s. 1444.

1445. (Amendment integrated into c. U-0.1, s. 89).

2023, c. 34, s. 1445.

1446. (Amendment integrated into c. U-0.1, s. 92).

2023, c. 34, s. 1446.

1447. (Not in force).

2023, c. 34, s. 1447.

1448. (Not in force).

2023, c. 34, s. 1448.

Securities Act

1449. (Not in force).

2023, c. 34, s. 1449.

Auditor General Act

1450. (Not in force).

2023, c. 34, s. 1450.

1451. (Not in force).

2023, c. 34, s. 1451.

1452. (Not in force).

2023, c. 34, s. 1452.

1453. (Not in force).

2023, c. 34, s. 1453.

1454. (Not in force).

2023, c. 34, s. 1454.

1455. (Not in force).

2023, c. 34, s. 1455.

1456. (Not in force).

2023, c. 34, s. 1456.

1457. (Not in force).

2023, c. 34, s. 1457.

1458. (Not in force).

2023, c. 34, s. 1458.

1459. (Not in force).

2023, c. 34, s. 1459.

Act to enact the Act to promote access to family medicine and specialized medicine services and to amend various legislative provisions relating to assisted procreation

1460. (Not in force).

2023, c. 34, s. 1460.

Act to establish a new development regime for the flood zones of lakes and watercourses, to temporarily grant municipalities powers enabling them to respond to certain needs and to amend various provisions

1461. (Not in force).

2023, c. 34, s. 1461.

Act respecting health and social services information and amending various legislative provisions

1462. (Not in force).

2023, c. 34, s. 1462.

1463. (Not in force).

2023, c. 34, s. 1463.

1464. (Not in force).

2023, c. 34, s. 1464.

1465. (Not in force).

2023, c. 34, s. 1465.

1466. (Amendment integrated into c. R-22.1, ss. 181 to 185).

2023, c. 34, s. 1466.

1467. (Amendment integrated into c. R-22.1, ss. 235, 253, 254, 259, 260, 269 and 272 to 277).

2023, c. 34, s. 1467.

1468. (Not in force).

2023, c. 34, s. 1468.

Act to amend the Act respecting end-of-life care and other legislative provisions

1469. (Omitted).

2023, c. 34, s. 1469.

1470. (Omitted).

2023, c. 34, s. 1470.

PART XII TRANSITIONAL, MISCELLANEOUS AND FINAL PROVISIONS

2023, c. 34, Part XII.

TITLE I TRANSITIONAL PROVISIONS

2023, c. 34, Tit. I.

CHAPTER I ORGANIZATION OF SANTÉ QUÉBEC

2023, c. 34, c. I.

Not in force

1471. The provisions of section 3.1 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) relating to the expertise and experience profiles of the members of the board of directors other than the board chair and the president and chief executive officer do not apply when the first members of Santé Québec’s board of directors are appointed.

However, when appointing those board members, the Government must ensure that they collectively have suitable expertise and experience in the following areas:

(1)  health and social services management;

(2)  property management;

(3)  information resources management;

(4)  finance management and accounting;

(5)  human resources management, labour relations and organizational development;

(6)  governance or ethics; and

(7)  auditing, performance, or quality or risk management.

2023, c. 34, s. 1471.

1472. The provisions of section 3.3 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) relating to the recommendation of the board of directors and the expertise and experience profile of the president and chief executive officer of an enterprise do not apply when the first president and chief executive officer is appointed.

2023, c. 34, s. 1472.

Not in force

1473. The president and chief executive officer exercises the powers of Santé Québec’s board of directors until the board of directors is established.

2023, c. 34, s. 1473.

Not in force

1474. Subject to the conditions of employment applicable to them, the employees of the Ministère de la Santé et des Services sociaux identified by the Deputy Minister of Health and Social Services before 1 October 2024 become, as of the date or dates agreed on by the Deputy Minister and the president and chief executive officer, Santé Québec employees.

2023, c. 34, s. 1474.

Not in force

1475. The employees transferred to Santé Québec under section 1474 of this Act continue to be represented by the certified associations that represented them before their transfer until, following the amalgamation provided for in section 1492 of this Act, the process provided for in sections 72 and following of the Act respecting bargaining units in the social affairs sector (chapter U-0.1), applicable under section 1610 of this Act, has been completed and an association has been certified to represent them. Subject to section 1476 of this Act, the conditions of employment those employees had before the transfer continue to apply, as they may be amended after the transfer, with the necessary modifications, until they are replaced by clauses negotiated and agreed in accordance with Chapter III of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

The conditions of employment of Santé Québec employees transferred under section 1474 who were not governed by a collective agreement and who were not members of the management personnel before their transfer continue to apply, subject to section 1476, until they are modified by a regulation of the Minister made under section 59.

The conditions of employment of a Santé Québec employee transferred under section 1474 who was part of the management personnel before the transfer continue to apply until they are amended by a regulation made by the Minister under section 59.

2023, c. 34, s. 1475.

Not in force

1476. The job titles and corresponding job descriptions set out in the collective agreements or the conditions of employment of the employees referred to in the first and second paragraphs of section 1475 before those employees were transferred to Santé Québec under section 1474 are replaced by the equivalent job titles and job descriptions from among those set out in the list of job titles, descriptions, and salary rates and scales in the health and social services network. If there is no equivalent job title, other job titles may be created by the Minister in accordance with the mechanism for amending that list set out in the collective agreements applicable to employees of the health and social services network.

The transferred employees are integrated into the salary scale of their new job title, at the level whose hourly salary rate is equal to or immediately above their salary rate before the integration. Where applicable, the rules set out in those employees’ conditions of employment relating to off-rate or off-scale employees apply.

The job title and corresponding job description of an employee referred to in the first or second paragraph of section 1475 may be the subject of the replacement provided for in the first paragraph even if the employee concerned does not meet the conditions necessary to have a job title set out in the list of job titles, descriptions, and salary rates and scales in the health and social services network.

2023, c. 34, s. 1476.

Not in force

1477. Despite the Act respecting bargaining units in the social affairs sector (chapter U-0.1), there may be more than one certified association of employees representing a class of Santé Québec personnel assigned to performing tasks elsewhere than within the institution between the date of coming into force of section 23 of this Act and the day of the merger.

For the purposes of this Part, the date of coming into force of section 1434 is called the “day of the merger”.

2023, c. 34, s. 1477.

Not in force

1478. Any employee transferred to Santé Québec under section 1474 of this Act who, on the date of the transfer, was a public servant with permanent tenure may apply for a position in the public service offered as a transfer or take part in a promotion selection process in accordance with the Public Service Act (chapter F-3.1.1).

The same applies in the case of an employee transferred to Santé Québec who, on the date of the transfer, was a public servant who had not acquired permanent tenure, other than a casual employee.

2023, c. 34, s. 1478.

Not in force

1479. An employee referred to in section 1478 who applies for a position in the public service offered as a transfer or enters a promotion selection process may apply to the Chair of the Conseil du trésor for an opinion on the classification that would be assigned to them in the public service. The opinion must take into account the classification they held in the public service on the date of their departure and the experience and training acquired since being employed by Santé Québec.

However, before being entitled to apply for a position in the public service offered as a transfer, employees referred to in the second paragraph of section 1478 of this Act who had not completed the probationary period required under section 13 of the Public Service Act (chapter F-3.1.1) before being transferred to Santé Québec must successfully complete the remainder of the probationary period within Santé Québec.

If an employee is selected to hold the position in the public service offered as a transfer following the application of section 1478, the Deputy Minister or the chief executive officer of the body establishes the employee’s classification in keeping with the opinion provided for in the first paragraph.

However, employees referred to in the second paragraph of section 1478 of this Act who, at the time of their transfer to Santé Québec, had not completed the period of continuous employment required for the purposes of section 14 of the Public Service Act to acquire permanent tenure and who, at the time a classification is established for them under the preceding paragraph, still have not completed the equivalent of that period by adding the time served in the public service before transferring to Santé Québec and that served as a Santé Québec employee must, before acquiring permanent tenure, complete the remainder of that period from the day a classification is established for them.

If an employee obtains a position in the public service after taking part in a promotion selection process under section 1478, their classification must take into account the criteria set out in the first paragraph.

2023, c. 34, s. 1479.

Not in force

1480. If some or all of Santé Québec’s activities are discontinued, an employee referred to in section 1474 who had permanent tenure at the time of their transfer is entitled to be placed on reserve in the public service with the same classification the employee had on the date of the transfer.

An employee referred to in the second paragraph of section 1478 of this Act is entitled to be placed on reserve in the public service only if, at the time some or all of Santé Québec’s activities are discontinued, the time accumulated in the public service before their transfer to Santé Québec and the time accumulated as a Santé Québec employee is equivalent to at least the period of continuous employment required under section 14 of the Public Service Act (chapter F-3.1.1).

If some of Santé Québec’s activities are discontinued, the employee continues to exercise their functions within Santé Québec until the Chair of the Conseil du trésor is able to assign the employee a position in accordance with section 100 of the Public Service Act.

When assigning a position to an employee referred to in this section, the Chair of the Conseil du trésor determines the employee’s classification on the basis of the criteria set out in the first paragraph of section 1479.

2023, c. 34, s. 1480.

Not in force

1481. An employee with permanent tenure referred to in section 1474 of this Act who, in accordance with the conditions of employment applicable to them, refuses to be transferred to Santé Québec is temporarily assigned to Santé Québec until the Chair of the Conseil du trésor is able to assign the employee a position in accordance with section 100 of the Public Service Act (chapter F-3.1.1).

2023, c. 34, s. 1481.

Not in force

1482. Subject to remedies available under a collective agreement or provisions standing in lieu of such remedies, an employee referred to in section 1474 of this Act who is dismissed may bring an appeal under section 33 of the Public Service Act (chapter F-3.1.1) if they were a public servant with permanent tenure on the date of their transfer to Santé Québec.

The same applies in the case of an employee referred to in the second paragraph of section 1478 of this Act. However, an employee referred to in that paragraph who had not completed the probationary period required under section 13 of the Public Service Act before being transferred to Santé Québec must successfully complete the remainder of the probationary period within Santé Québec before being entitled to bring such an appeal.

2023, c. 34, s. 1482.

Not in force

1483. Until the date of coming into force of the first regulation made under section 59 and subject to the third paragraph of section 1475, the standards and scales to be used by Santé Québec for the selection, appointment and hiring of, and the remuneration and other conditions of employment applicable to, the members of its personnel are those provided for, where applicable, by the provisions of the Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions (chapter S-4.2, r. 5.1) or the Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions (chapter S-4.2, r. 5.2), as they read on the day before the day of amalgamation.

For the purposes of this Part, the date of the amalgamation provided for in section 1492 is called the “day of amalgamation”.

2023, c. 34, s. 1483.

Not in force

1484. The boundaries of the health regions referred to in section 30 and of the local health and social services network territories referred to in section 31 correspond to those that were determined the day before the day of amalgamation, until they are modified under those sections.

2023, c. 34, s. 1484.

Not in force

1485. An integrated university health network referred to in section 436.1 of the Act respecting health services and social services (chapter S-4.2) becomes, as of the day of amalgamation, an integrated university health and social services network referred to in section 431 of this Act.

The boundaries of the integrated university health and social services networks referred to in section 431 of this Act correspond to those that were determined the day before the day of amalgamation, until they are modified under that section.

2023, c. 34, s. 1485.

Not in force

1486. The management committee of an integrated university health network referred to in section 436.2 of the Act respecting health services and social services (chapter S-4.2) becomes, as of the day of amalgamation, the management committee of an integrated university health and social services network referred to in section 433 of this Act.

The management committee has one year from the day of amalgamation to bring its composition into compliance with section 433. If it fails to do so, the president of the network may take any measure necessary for that purpose.

2023, c. 34, s. 1486.

Not in force

1487. The information contained in the national register of incidents and accidents established by the Minister under subparagraph 6.2 of the second paragraph of section 431 of the Act respecting health services and social services (chapter S-4.2), other than information relating to the accidents and incidents that occurred in the territory referred to in Part IV.1 or IV.3 of that Act, is transferred, on the day of amalgamation, to Santé Québec and is recorded in Santé Québec’s national register of incidents and accidents for the purposes of section 89 of this Act.

2023, c. 34, s. 1487.

Not in force

1488. Santé Québec’s board of directors establishes the terms provided for in the second paragraph of section 87 for the formation of the first national users’ committee.

2023, c. 34, s. 1488.

Not in force

1489. The rules established by a by-law of the board of directors of an amalgamating institution under section 235.1 of the Act respecting health services and social services (chapter S-4.2) and that are to be followed, on the occurrence of an accident, so that all the necessary information is disclosed continue to apply within the amalgamated institution until Santé Québec adopts the rules applicable under section 91 of this Act.

The amalgamating and amalgamated institutions are the institutions referred to in section 1493 of this Act.

2023, c. 34, s. 1489.

Not in force

1490. Until the coming into force of section 128,

(1)  Santé Québec sends to the Minister, in the form the latter determines, a quarterly financial report and a quarterly expenditure forecast report on the operation of Santé Québec not later than the 30th day after the end of the quarter concerned as well as a preliminary version of the quarterly financial report not later than the 10th working day after the end of the quarter concerned; and

(2)  public institutions, until they are amalgamated with Santé Québec under section 1492 of this Act, continue to send to the Minister the financial reports provided for by the Act respecting health services and social services (chapter S-4.2), as it read on the day before the day of amalgamation.

Within the same time periods, the Minister provides a reproduction of each version of the above reports to the Minister of Finance and the Chair of the Conseil du trésor.

The reports referred to in the first paragraph must contain any information required by the Minister.

Santé Québec also sends to the Minister any other report on the matters referred to in the first paragraph according to the form and content and at the intervals determined by the Minister.

If the day of amalgamation does not fall on 1 April, the reports referred to in the first paragraph must, for the time comprised between the day of amalgamation and the following 1 April, present the information relating to the operation of Santé Québec and that of its institutions.

2023, c. 34, s. 1490.

CHAPTER II AMALGAMATION OF INSTITUTIONS WITH SANTÉ QUÉBEC

2023, c. 34, c. II.

1491. The Minister establishes a transition committee to facilitate the implementation of this Act, in particular to prepare the amalgamation provided for in section 1492 and, subsequently, the organization of Santé Québec.

The Deputy Minister of Health and Social Services is a member of the committee by virtue of office.

The Government determines the mandate of the committee, as well as the components of the transition plan that is to be established by the committee.

The committee sends a report on its activities to the Minister, according to the form and content and at the intervals or the time determined by the Government.

2023, c. 34, s. 1491.

Not in force

1492. The integrated health and social services centres and the unamalgamated institutions governed by the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2) are amalgamated with Santé Québec on the date that is six months after the date set by the Government under the introductory clause of section 1636 of this Act. The same applies to the public institution whose head office is situated in the territory referred to in Part IV.2 of the Act respecting health services and social services (chapter S-4.2).

As of that date, those integrated centres and unamalgamated institutions and that public institution

(1)  are continued as Santé Québec and their patrimonies are joined together to form the patrimony of Santé Québec; and

(2)  become

(a)  territorial institutions referred to in section 44 in the case of the integrated centres and the public institution; and

(b)  institutions that are other than territorial referred to in section 45 in the case of the unamalgamated institutions.

2023, c. 34, s. 1492.

Not in force

1493. For the purposes of this Part,

“amalgamating institution” means an integrated health and social services centre, an unamalgamated institution or the public institution referred to in the first paragraph of section 1492; and

“amalgamated institution” means the Santé Québec institution which an amalgamating institution became on the day of amalgamation.

2023, c. 34, s. 1493.

Not in force

1494. The rights and obligations of the amalgamating institutions become rights and obligations of Santé Québec, and the latter becomes a party to any judicial or administrative proceeding to which the amalgamating institutions were parties.

2023, c. 34, s. 1494.

Not in force

1495. Despite section 1494, the rights and obligations related to the bond loans of the Centre hospitalier universitaire Sainte-Justine, the Centre universitaire de santé McGill and the Centre hospitalier de l’Université de Montréal, including the sinking fund relating to each of those loans, become rights and obligations of the Government.

The bond loans are loans referred to in section 10 of the Financial Administration Act (chapter A-6.001).

2023, c. 34, s. 1495.

Not in force

1496. Santé Québec is deemed to be the debtor, for each of the bond loans mentioned in section 1495, of a loan from the Minister of Finance, as the person responsible for the Financing Fund established by the Act respecting the Ministère des Finances (chapter M-24.01), on the same terms and conditions as those applicable to those bond loans, as well as of the payments to each of the related sinking funds.

The Financing Fund is deemed to have received, for each of the loans referred to in the first paragraph, on the same terms and conditions, an advance from the general fund.

2023, c. 34, s. 1496.

Not in force

1497. The permit held by an amalgamating institution the day before the day of amalgamation, issued under section 437 of the Act respecting health services and social services (chapter S-4.2), is deemed, as of the day of amalgamation, to be the amalgamated institution’s deed of establishment until it is replaced by a deed issued under section 48 of this Act.

2023, c. 34, s. 1497.

Not in force

1498. Until the coming into force of the first provisions of Santé Québec’s by-laws made under section 47 of this Act, the classes and types to which a centre may belong are those provided for in sections 85 to 87 of the Act respecting health services and social services (chapter S-4.2), as they read on the day before the day of amalgamation.

2023, c. 34, s. 1498.

Not in force

1499. The persons who, on the day before the day of amalgamation, were members of an amalgamating institution’s board of directors exercise, as of the day of amalgamation, the functions of the members of the amalgamated institution’s institution board of directors until those members are appointed by Santé Québec’s board of directors under section 133 of this Act.

2023, c. 34, s. 1499.

Not in force

1500. The persons who, on the day before the day of amalgamation, formed the watchdog committee created for an amalgamating institution under the first paragraph of section 181.0.1 of the Act respecting health services and social services (chapter S-4.2) form, as of the day of amalgamation, the watchdog committee of the amalgamated institution referred to in section 155 of this Act until they are reappointed or replaced.

2023, c. 34, s. 1500.

Not in force

1501. The users’ committees listed below continue to exist after the amalgamation as if they had been established for an amalgamated institution under section 179 of this Act and they exercise the responsibilities conferred on them by this Act:

(1)  a users’ committee that, on the day before the day of amalgamation, was established under section 209 of the Act respecting health services and social services (chapter S-4.2) for an unamalgamated institution or for the public institution referred to in the first paragraph of section 1492 of this Act; and

(2)  a users’ committee that, on the day before the day of amalgamation, was established for an integrated health and social services centre referred to in the first paragraph of section 1492 of this Act and whose composition is provided for in the first paragraph of section 60 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2).

Furthermore, users’ committees whose existence has been maintained under section 203 of that Act continue to exist after the amalgamation as if they had been formed within the users’ committee of the amalgamating institution concerned under the third paragraph of section 181 of this Act.

Moreover, residents’ committees that, on the day before the day of amalgamation, were established for an amalgamating institution continue to exist after the amalgamation as if they had been established for an amalgamated institution under section 180 of this Act, and they exercise the responsibilities conferred on them by this Act.

2023, c. 34, s. 1501.

Not in force

1502. An advisory committee set up under section 148 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2) that existed on the day before the day of amalgamation becomes, as of the day of amalgamation, an advisory committee

(1)  referred to in section 160 of this Act if it was established with respect to the facilities of an integrated health and social services centre; or

(2)  referred to in section 343 of this Act if it was established with respect to the facilities of a grouped institution.

2023, c. 34, s. 1502.

Not in force

1503. A president and executive director or an assistant president and executive director who was appointed, as applicable, under section 10 or section 33 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2) and who is in office on the day before the day of amalgamation continues in office as of the day of amalgamation until they are replaced or reappointed under this Act.

Subject to the second paragraph of section 1505 of this Act, such a president and executive director or assistant president and executive director preserves their remuneration, employee benefits and other conditions of employment set by a government order made under section 34 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies, as it read on the day before the day of amalgamation, until they are replaced or reappointed under this Act.

2023, c. 34, s. 1503.

Not in force

1504. Despite sections 164 and 171, until the coming into force of the provisions of a regulation made under section 59 that determine the remuneration, employee benefits and other conditions of employment of persons appointed as president and executive directors or assistant president and executive directors of Santé Québec institutions, those persons are appointed by the Government.

In such cases, the Government determines by order their remuneration, employee benefits and other conditions of employment, subject to section 1505.

2023, c. 34, s. 1504.

Not in force

1505. A president and executive director or assistant president and executive director of a Santé Québec institution who is in office on the date of coming into force of the provisions of a regulation made under section 59 that determine the remuneration, employee benefits and other conditions of employment of persons appointed as president and executive directors or assistant president and executive directors of Santé Québec institutions is deemed to have been appointed under section 164 or section 171, as applicable.

Any order referred to in the second paragraph of section 1503 or made under the second paragraph of section 1504 is repealed on that date. The conditions of employment applicable to a president and executive director or assistant president and executive director in such a case are those set out in the regulation, without compensation or any severance or transition allowance.

2023, c. 34, s. 1505.

Not in force

1506. Despite paragraph 1 of section 54, executive officers who, on the day before the day of amalgamation, may exercise an amalgamating institution’s power to borrow within the scope of a borrowing plan established under section 78 of the Financial Administration Act (chapter A-6.001) continue, as of the day of amalgamation, to exercise that power for Santé Québec within the scope of the same borrowing plan, until a first borrowing plan is established by Santé Québec.

The first paragraph does not prevent Santé Québec’s board of directors from withdrawing from an executive officer the exercise of the power to borrow provided for in the first paragraph even before the establishment of a first borrowing plan.

2023, c. 34, s. 1506.

Not in force

1507. The amalgamation provided for in section 1492 of this Act is deemed, for the purposes of section 30 of the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements (chapter R-24.0.2), as it read on the day before the day of amalgamation, to be an amalgamation of institutions, but only between institutions in a single health region in which two or more resource associations have been recognized to represent any of the groups referred to in paragraph 2 of section 4 of that Act.

2023, c. 34, s. 1507.

Not in force

1508. As of the day of amalgamation, a resource that is governed by the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements (chapter R-24.0.2) and that is a member of a resource association recognized in a health region other than the one in which it is situated becomes, without formality, represented by the resource association recognized in the health region in which the resource is situated.

2023, c. 34, s. 1508.

Not in force

1509. Every director of professional services appointed under section 202 of the Act respecting health services and social services (chapter S-4.2) and in office within an amalgamating institution on the day before the day of amalgamation becomes the medical and professional services director within the amalgamated institution as of the day of amalgamation.

2023, c. 34, s. 1509.

Not in force

1510. The executive committee of an amalgamating institution’s council of physicians, dentists and pharmacists that is referred to in section 217 of the Act respecting health services and social services (chapter S-4.2) becomes, as of the day of amalgamation, the executive committee of the amalgamated institution’s council of physicians, dentists, pharmacists and midwives that is referred to in section 209 of this Act.

The executive committee has one year from the day of amalgamation to bring its composition into compliance with section 209. If the executive committee fails to do so, the institution’s medical and professional services director may take any measure necessary for that purpose.

2023, c. 34, s. 1510.

Not in force

1511. An institution’s medical staffing plan approved by the Minister under section 378 of the Act respecting health services and social services (chapter S-4.2) and section 46 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2), as they read on the day before the day of amalgamation, remains in force until such a plan is drawn up and approved for the institution in accordance with sections 234 and 235 of this Act.

2023, c. 34, s. 1511.

Not in force

1512. The appointments, privileges or status granted, where applicable, by an amalgamating institution to a physician, dentist or pharmacist who, on the day before the day of amalgamation, was practising within that institution are deemed to have been granted to them by the president and executive director of the amalgamated institution on the same conditions and exclusively for the facilities in which the physician, dentist or pharmacist was practising on that date, until the appointments, privileges and status are renewed in accordance with this Act.

The provisions of the Act respecting health services and social services (chapter S-4.2) and the regulations necessary for their application, as they read on the day before the day of amalgamation, continue to apply for the processing of applications for appointment received before that date. The institution’s president and executive director who succeeded the executive director who received the application exercises the functions and powers that those provisions confer on the institution’s board of directors.

If the application for appointment is accepted, the status and, where applicable, privileges are granted in accordance with this Act.

2023, c. 34, s. 1512.

Not in force

1513. The provisions of an agreement entered into between two amalgamating institutions under section 108 of the Act respecting health services and social services (chapter S-4.2) for the provision or exchange of medical, dental, pharmaceutical or midwifery services are deemed to be terms prescribed under section 50 of this Act, until such terms are prescribed by the board of directors under that section.

2023, c. 34, s. 1513.

Not in force

1514. Any person in charge of midwifery services appointed under section 208.1 of the Act respecting health services and social services (chapter S-4.2) and who was in office on the day before the day of amalgamation becomes, as of the day of amalgamation, the head of the clinical department of midwifery within the amalgamated institution.

2023, c. 34, s. 1514.

Not in force

1515. The council of midwives established for an amalgamating institution under section 225.1 of the Act respecting health services and social services (chapter S-4.2) ceases to exist as of the day of amalgamation.

The records and other documents held by the council of midwives or one of its committees become records and documents of the council of physicians, dentists, pharmacists and midwives of the amalgamated institution.

2023, c. 34, s. 1515.

Not in force

1516. The functions of the executive committee of the council of multidisciplinary health services and of the executive committee of the council of multidisciplinary social services of an amalgamated institution, referred to in sections 315 and 324, respectively, of this Act, are, until those committees are formed, exercised by the persons who, on the day before the day of amalgamation, formed the executive committee of the amalgamating institution’s multidisciplinary council provided for in section 230 of the Act respecting health services and social services (chapter S-4.2).

Those persons must ensure that the executive committee of each of those councils is formed in accordance with section 315 or, as applicable, section 324 not later than one year after the day of amalgamation.

If those persons fail to form, within that time, those executive committees in accordance with those sections, the director of multidisciplinary health services or, as applicable, the director of multidisciplinary social services of the Santé Québec institution may take any measure necessary for that purpose.

2023, c. 34, s. 1516.

Not in force

1517. The programs of access to English-language health services and social services developed under section 76 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2) that were in force on the day before the day of amalgamation continue to apply until the Government approves the program of access developed by Santé Québec in accordance with section 415 of this Act.

2023, c. 34, s. 1517.

Not in force

1518. Santé Québec is deemed to have obtained recognition under section 29.1 of the Charter of the French language (chapter C-11) with regard to the facilities that, on the day before the day of amalgamation, met one of the following conditions:

(1)  they were maintained by an unamalgamated institution recognized under section 29.1 of the Charter of the French language or by an integrated health and social services centre deemed to have obtained such recognition under the first paragraph of section 207 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2); or

(2)  they were maintained by an integrated health and social services centre that was deemed to have obtained such recognition in their respect under the second or third paragraph of that section 207.

2023, c. 34, s. 1518.

Not in force

1519. Santé Québec’s board of directors may request the withdrawal of the part of the recognition Santé Québec is deemed, under section 1518, to have obtained with regard to a facility where, assuming that the facility would be the only facility operated by an institution, that institution would not meet the condition allowing it to obtain recognition under subparagraph 3 of the second paragraph of section 29.1 of the Charter of the French language (chapter C-11).

In order for the request to be admissible, Santé Québec must attach the following documents to it:

(1)  a favourable recommendation from the national committee formed under section 416; and

(2)  a favourable recommendation from at least two-thirds of the members of the regional committee formed for the health region under section 417.

The third paragraph of section 29.1 of the Charter of the French language is, for the rest, applicable to the request made under the first paragraph.

2023, c. 34, s. 1519.

Not in force

1520. An institution that, on the day before the day of amalgamation, was designated by the Government under section 508 of the Act respecting health services and social services (chapter S-4.2) is deemed to be designated under section 406 of this Act as of the day of amalgamation.

2023, c. 34, s. 1520.

Not in force

1521. An institution that, on the day before the day of amalgamation, was operating a hospital centre designated as a university hospital centre in accordance with section 88 of the Act respecting health services and social services (chapter S-4.2) is deemed to be designated as such under section 426 of this Act until the date that is three years after the day of amalgamation, unless, before that date, that designation is withdrawn or the institution is designated under that section 426.

The contract of affiliation, referred to in section 110 of the Act respecting health services and social services, entered into by such an institution with a university before the day of amalgamation, if not in compliance with section 424 of this Act, ceases to have effect on the date prescribed in the first paragraph, unless the contract has already ended.

2023, c. 34, s. 1521.

Not in force

1522. An institution that, on the day before the day of amalgamation, was operating a hospital centre designated as an affiliated university centre in accordance with section 91 of the Act respecting health services and social services (chapter S-4.2) is deemed to be designated as such under section 426 of this Act until the date that is three years after the day of amalgamation, unless, before that date, that designation is withdrawn or the institution is designated under that section 426.

The contract of affiliation, referred to in section 110 of the Act respecting health services and social services, entered into by such an institution with a university before the day of amalgamation, if not in compliance with section 424 of this Act, ceases to have effect on the date prescribed in the first paragraph, unless the contract has already ended.

2023, c. 34, s. 1522.

Not in force

1523. An institution that, on the day before the day of amalgamation, was operating a university institute designated in accordance with section 89 or 90 of the Act respecting health services and social services (chapter S-4.2) is deemed to be designated under section 427 of this Act until the date that is three years after the day of amalgamation, unless, before that date, that designation is withdrawn or the institution is designated under that section 427.

The contract of affiliation, referred to in section 110 of the Act respecting health services and social services, entered into by such an institution with a university before the day of amalgamation, if not in compliance with section 424 of this Act, ceases to have effect on the date prescribed in the first paragraph, unless the contract has already ended.

2023, c. 34, s. 1523.

Not in force

1524. An institution that, on the day before the day of amalgamation, was operating a centre designated as an affiliated university centre, other than a hospital centre, in accordance with section 91 of the Act respecting health services and social services (chapter S-4.2) remains so designated until the date that is three years after the day of amalgamation, unless, before that date, its designation is withdrawn or it is designated as a university institute under section 427 of this Act.

The contract of affiliation, referred to in section 110 of the Act respecting health services and social services, entered into by that institution with a university before the day of amalgamation, if not in compliance with section 424 of this Act, ceases to have effect on the date prescribed in the first paragraph, unless the contract has already ended.

2023, c. 34, s. 1524.

Not in force

1525. The powers conferred by this Act on the members of the grouped institutions may be exercised, with the necessary modifications, by natural persons who, on 31 March 2015, were members of one of the following institutions, with regard to the immovables owned by Santé Québec that were, on that date, owned by one of those institutions:

(1)  Hôpital du Sacré-Coeur de Montréal;

(2)  Hôpital Maisonneuve-Rosemont; or

(3)  Centre de santé et de services sociaux d’Argenteuil.

2023, c. 34, s. 1525.

Not in force

1526. The powers conferred by this Act on the members of the grouped institutions may be exercised, with the necessary modifications, by natural persons who, on the day before the day of amalgamation, were members of one of the following institutions, with regard to the immovables owned by Santé Québec that were, on that date, owned by one of those institutions:

(1)  Centre hospitalier universitaire Sainte-Justine; or

(2)  Centre universitaire de santé McGill.

2023, c. 34, s. 1526.

Not in force

1527. Santé Québec keeps and updates, for each institution designated in section 1525 or 1526 of this Act, a list of the persons referred to in those sections.

2023, c. 34, s. 1527.

Not in force

CHAPTER III TERRITORIAL DEPARTMENTS OF FAMILY MEDICINE AND OTHER MEASURES FOR ACCESS TO MEDICAL SERVICES

2023, c. 34, c. III.

Not in force

1528. A regional department of general medicine referred to in section 417.1 of the Act respecting health services and social services (chapter S-4.2) becomes, as of the day of amalgamation, a territorial department of family medicine referred to in section 439 of this Act.

2023, c. 34, s. 1528.

Not in force

1529. The regional medical staffing plan developed for a region by the Minister under section 377 of the Act respecting health services and social services (chapter S-4.2) and section 91 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2), as it had effect on the day before the day of amalgamation, remains in force until a territorial medical staffing plan is approved by the Minister for the corresponding territory in accordance with section 479 of this Act.

2023, c. 34, s. 1529.

Not in force

CHAPTER IV PRIVATE INSTITUTIONS UNDER AGREEMENT

2023, c. 34, c. IV.

Not in force

1530. The rights and obligations of the Minister that were provided for in the following agreements in force on the day before the day of amalgamation become the rights and obligations of Santé Québec:

(1)  an agreement entered into between the Minister and a private institution under section 475 of the Act respecting health services and social services (chapter S-4.2) and the second paragraph of section 46 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2); and

(2)  an agreement entered into by an agency under section 475 of the Act respecting health services and social services, deemed entered into with the Minister under section 216 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies.

2023, c. 34, s. 1530.

Not in force

1531. Until the date of coming into force of the first regulation made under section 487 of this Act, the standards and scales to be used by a private institution under agreement for the selection, appointment and hiring of, and the remuneration and other conditions of employment applicable to, its personnel members are those provided for, where applicable, by the provisions of the Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions (chapter S-4.2, r. 5.1) or the Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions (chapter S-4.2, r. 5.2), as they read on the day before the day of amalgamation.

2023, c. 34, s. 1531.

CHAPTER V REGULATION OF CERTAIN ACTIVITIES

2023, c. 34, c. V.

Not in force

1532. A person holding a specialized medical centre permit or private institution permit issued under section 437 of the Act respecting health services and social services (chapter S-4.2) that was in force on the day before the day of amalgamation is deemed to be authorized to operate, as applicable, a specialized medical centre or a private institution under sections 555 and 559, respectively, of this Act. In the case of a person holding a specialized medical centre permit, the person is authorized until the end of the permit’s period of validity.

A person holding a temporary certificate of compliance that was issued under the second paragraph of section 346.0.3 of the Act respecting health services and social services for the operation of a private seniors’ residence or a resource offering lodging determined by government regulation under section 346.0.21 of that Act and that was in force on the day before the day of amalgamation is deemed to be authorized to begin operating, as applicable, a private seniors’ residence or a resource offering lodging under sections 557 and 558, respectively, of this Act until the end of the certificate’s period of validity until the end of the certificate’s period of validity.

A person holding a certificate of compliance that was issued under the second paragraph of section 346.0.4 of the Act respecting health services and social services for the operation of a private seniors’ residence or a resource offering lodging determined by government regulation under section 346.0.21 of that Act and that was in force on the day before the day of amalgamation is deemed to be authorized to operate, as applicable, a private seniors’ residence or a resource offering lodging under sections 557 and 558, respectively, of this Act until the end of the certificate’s period of validity.

A community organization holding an authorization to offer termination of pregnancy services issued under section 338.1 of the Act respecting health services and social services that was in force on the day before the day of amalgamation is deemed to be authorized for that purpose under section 560 of this Act.

Santé Québec issues a document attesting the authorization.

2023, c. 34, s. 1532.

Not in force

1533. A person holding an accreditation issued under section 457 of the Act respecting health services and social services (chapter S-4.2) that was in force on the day before the day of amalgamation is deemed to hold an accreditation issued under section 511 of this Act as of the day of amalgamation.

2023, c. 34, s. 1533.

Not in force

1534. The provisions of the Act respecting health services and social services (chapter S-4.2) and the regulations, as they read on the day before the day of amalgamation, continue to apply to the processing of applications received before that day for a permit, a temporary certificate of compliance, a certificate of compliance, an authorization or an accreditation. Santé Québec exercises the functions and powers conferred by those provisions on the Minister or the institution, depending on whether the application was received by the Minister or the institution.

The same applies to any application for the renewal or modification of such a document that is under examination on the day before the day of amalgamation.

2023, c. 34, s. 1534.

Not in force

1535. For the purposes of subparagraph b of subparagraph 1 of the first paragraph of section 563 of this Act, the following are considered to be an authorization that was the subject of a forced revocation or that was not renewed:

(1)  a permit that was revoked or whose renewal was refused under section 446 or 446.1 of the Act respecting health services and social services (chapter S-4.2);

(2)  a temporary certificate of compliance or a certificate of compliance that was revoked or whose renewal was refused under section 346.0.11 of that Act; and

(3)  an authorization referred to in section 338.1 of that Act that was revoked under section 446.1 of that Act.

2023, c. 34, s. 1535.

Not in force

1536. For the purposes of subparagraph 1 of the second paragraph of section 563 of this Act, an offence under the Act respecting health services and social services (chapter S-4.2) or its regulations, as they read on the day before the day of amalgamation, is considered to be an offence under this Act or its regulations.

2023, c. 34, s. 1536.

Not in force

1537. The provisional administration of an institution assumed by the Minister on the day before the day of amalgamation under section 490 of the Act respecting health services and social services (chapter S-4.2) is assumed by Santé Québec as of the day of amalgamation, in accordance with Chapter III of Title II of Part VI of this Act.

2023, c. 34, s. 1537.

Not in force

1538. The provisional administration of an intermediate resource or of a private seniors’ residence assumed by a health and social services institution on the day before the day of amalgamation under sections 309.1 and 346.0.10.1, respectively, of the Act respecting health services and social services (chapter S-4.2) is assumed by Santé Québec as of the day of amalgamation, in accordance with Chapter III of Title II of Part VI of this Act.

2023, c. 34, s. 1538.

Not in force

1539. Until the date of coming into force of the first provisions of the regulation made under the second paragraph of section 559 of this Act, the classes and types to which a centre operated by a private institution may belong are those provided for in sections 85 to 87 of the Act respecting health services and social services (chapter S-4.2), as they read on the day before the day of amalgamation.

2023, c. 34, s. 1539.

1540. Despite section 662, the operator of a private health facility may, without holding an authorization required under section 555, offer dental services to a patient under deep or moderate sedation/analgesia or under general anaesthesia, provided that,

(1)  on 29 March 2023, the operator offered such services in accordance with an agreement entered into with a public institution; and

(2)  as of 13 December 2023, the operator offers such services only to the extent determined by an agreement entered into with that institution or with Santé Québec as of the day of amalgamation.

The agreement referred to in subparagraph 2 of the first paragraph must contain provisions ensuring that users receive services whose quality and safety correspond to those of the services they would have received in the institution.

Until the date of coming into force of section 662 of this Act, the operator of a private health facility within the meaning of the second paragraph of section 95 of the Act respecting health services and social services (chapter S-4.2) may, despite section 333.1.1 of that Act, offer dental services to a patient under deep or moderate sedation/analgesia or under general anaesthesia without holding the permit required under section 437 of that Act, where the conditions set out in the first paragraph are met.

2023, c. 34, s. 1540.

Not in force

1541. A private institution not under agreement that, on the day before the day of amalgamation, held a permit authorizing it to operate a residential and long-term care centre may, despite the second paragraph of section 614, continue to offer residential and long-term care services as long as the authorization referred to in section 1532 to operate the institution is not revoked by Santé Québec. The particulars appearing on the authorization that relate to the facilities and the capacity may not be modified.

2023, c. 34, s. 1541.

Not in force

1542. The framework agreement entered into between the Minister of Health and Social Services and the Minister of Public Security under section 346.0.20.5 of the Act respecting health services and social services (chapter S-4.2) is deemed, as of the day of amalgamation, to have been entered into between the Minister of Public Security and Santé Québec in accordance with section 645 of this Act.

2023, c. 34, s. 1542.

Not in force

1543. In the Regulation respecting the certification of private seniors’ residences (chapter S-4.2, r. 0.01) or the Regulation respecting the certification of community or private resources offering addiction lodging (chapter S-4.2, r. 0.1), a reference to an operator is a reference to a holder of an authorization issued by Santé Québec under section 557 or 558 of this Act, as applicable, except in

(1)  sections 9 and 12 of the Regulation respecting the certification of private seniors’ residences; and

(2)  sections 1 and 83 of the Regulation respecting the certification of community or private resources offering addiction lodging.

2023, c. 34, s. 1543.

Not in force

1544. A private health facility that, on the day before the day of amalgamation, offered the services referred to in the first paragraph of section 338.1 of the Act respecting health services and social services (chapter S-4.2) in accordance with an agreement under section 108 of that Act may, from the day of amalgamation, continue to offer those services in accordance with an agreement under section 445 of that Act, without it being necessary for the facility to obtain any authorization provided for by the provisions of Chapter I of Title I of Part VI of this Act.

2023, c. 34, s. 1544.

Not in force

CHAPTER VI COMPLAINTS AND SERVICE QUALITY

2023, c. 34, c. VI.

Not in force

1545. Every person appointed as a local service quality and complaints commissioner for the amalgamating institution in accordance with section 30 of the Act respecting health services and social services (chapter S-4.2) and in office on the day before the day of amalgamation is deemed to have been appointed, on the day of amalgamation, as a service quality and complaints commissioner under section 702 of this Act for the amalgamated institution.

2023, c. 34, s. 1545.

Not in force

1546. Every person appointed as an assistant local service quality and complaints commissioner for the amalgamating institution in accordance with section 30 of the Act respecting health services and social services (chapter S-4.2) and in office on the day before the day of amalgamation is deemed to have been appointed, on the day of amalgamation, under section 705 of this Act for the amalgamated institution.

2023, c. 34, s. 1546.

Not in force

1547. Every medical examiner designated under section 42 of the Act respecting health services and social services (chapter S-4.2) by an amalgamating institution and in office on the day before the day of amalgamation is deemed to have been designated, on the day of amalgamation, as a medical examiner under section 712 of this Act for the amalgamated institution.

2023, c. 34, s. 1547.

Not in force

1548. Until Santé Québec’s board of directors establishes the jurisdiction of each of the service quality and complaints commissioners, medical examiners and review committees in accordance with sections 711, 713 and 718 of this Act, they continue to have jurisdiction with regard to, as applicable, the complaints and the reports 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) that they were in charge of processing under the Act respecting health services and social services (chapter S-4.2), as it read on the day before the day of amalgamation.

2023, c. 34, s. 1548.

Not in force

1549. As of the day of amalgamation, a community organization that, on the day before the day of amalgamation, had been given a mandate to assist and support users in accordance with section 76.6 of the Act respecting health services and social services (chapter S-4.2) is deemed to have been entrusted with the functions provided for in the first paragraph of section 726 of this Act.

2023, c. 34, s. 1549.

Not in force

CHAPTER VII INSPECTIONS, INVESTIGATIONS AND ANALYSES

2023, c. 34, c. VII.

Not in force

1550. Every person who, on the day before the day of amalgamation, was authorized or designated by the Minister to act as an inspector or to conduct an investigation under section 489, 489.1, 489.3 or 489.4 of the Act respecting health services and social services (chapter S-4.2) is deemed to be so authorized or designated by Santé Québec as of the day of amalgamation.

2023, c. 34, s. 1550.

Not in force

1551. Every person who, on the day preceding the date of coming into force of paragraph 8 of section 878 of this Act, was authorized by the Minister to act as an inspector or designated by the Minister to investigate under section 25 or 26.1 of the Act respecting clinical and research activities relating to assisted procreation (chapter A-5.01) is deemed to be so authorized or designated by Santé Québec from the date of coming into force of paragraph 8 of section 878 of this Act.

2023, c. 34, s. 1551.

Not in force

1552. Every person who, on the day preceding the date of coming into force of paragraph 25 of section 882 of this Act, was authorized by the Minister to act as an inspector or designated by the Minister to conduct an investigation under section 83 or 85 of the Funeral Operations Act (chapter A-5.02) is deemed to be so authorized or designated by Santé Québec from the date of coming into force of paragraph 25 of section 882 of this Act.

2023, c. 34, s. 1552.

Not in force

1553. Every person who, on the day preceding the date of coming into force of section 937 of this Act, was authorized by the Minister to act as an inspector under section 10 of the Act to prevent skin cancer caused by artificial tanning (chapter C-5.2) is deemed to be so authorized by Santé Québec from the date of coming into force of section 937 of this Act.

2023, c. 34, s. 1553.

Not in force

1554. Every person who, on the day preceding the date of coming into force of section 943 of this Act, was authorized, designated or appointed by the Minister, or belonged to a class of persons identified by the Minister, to act as an inspector, to investigate or to perform the functions of analyst under section 69, 74 or 83 of the Cannabis Regulation Act (chapter C-5.3) is deemed, for the same purposes, to be authorized, designated or appointed, or to belong to a class of persons identified, by Santé Québec from the date of coming into force of section 943 of this Act.

2023, c. 34, s. 1554.

Not in force

1555. Every person who, on the day preceding the date of coming into force of section 1041 of this Act, was authorized or designated by the Minister to conduct an inspection or an investigation under section 31.1 or 31.2 of the Act respecting Héma-Québec and the biovigilance committee (chapter H-1.1) is deemed to be so authorized or designated by Santé Québec from the date of coming into force of section 1041 of this Act.

2023, c. 34, s. 1555.

Not in force

1556. Every person who, on the day preceding the date of coming into force of section 1088 of this Act, was authorized by the Minister to carry out an inspection under section 65 of the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2) is deemed to be so authorized by Santé Québec from the date of coming into force of section 1088 of this Act.

2023, c. 34, s. 1556.

Not in force

1557. Every person who, on the day preceding the date of coming into force of section 1102 of this Act, was appointed by the Minister, or belonged to a class of persons identified by the Minister, to perform the functions of inspector or analyst under section 32 of the Tobacco Control Act (chapter L-6.2), or any person designated by the Minister to investigate under section 38.0.1 of that Act, is deemed, for the same purposes, to be appointed or designated, or to belong to a class of persons identified, by Santé Québec from the date of coming into force of section 1102 of this Act.

2023, c. 34, s. 1557.

Not in force

1558. Every person who, on the day preceding the date of coming into force of section 1118 of this Act, was authorized or designated by the Minister to act as an inspector or to conduct an investigation under section 22.4 or 22.6 of the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3) is deemed to be so authorized or designated by Santé Québec from the date of coming into force of section 1118 of this Act.

2023, c. 34, s. 1558.

Not in force

1559. Every person who, on the day preceding the date of coming into force of section 1411 of this Act, was authorized by the Minister to carry out an inspection under section 21 of the Act respecting end-of-life care (chapter S-32.0001) is deemed to have been so authorized by Santé Québec under section 18.1 of that Act, enacted by section 1408 of this Act, from the date of coming into force of that section.

2023, c. 34, s. 1559.

CHAPTER VIII OTHER TRANSITIONAL PROVISIONS

2023, c. 34, c. VIII.

Not in force

DIVISION I USERS’ RECORDS AND NATIONAL INFORMATION FILING SYSTEM

2023, c. 34, Div. I.

Not in force

1560. Until the date of coming into force of section 238 of the Act respecting health and social services information (chapter R-22.1), sections 17 to 28 of the Act respecting health services and social services (chapter S-4.2), as they read on the day before the day of amalgamation, apply, with the necessary modifications, to Santé Québec users’ records.

In addition, until the date that is two years after the date of coming into force of section 249 of the Act respecting health and social services information and amending various legislative provisions, Santé Québec must communicate to the Minister the personal and non-personal information contained in those records that concerns the needs for and utilization of services determined by a government regulation made under subparagraph 26 of the first paragraph of section 505 of the Act respecting health services and social services.

2023, c. 34, s. 1560.

Not in force

1561. Until the date of coming into force of section 10.3.4 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2), enacted by section 217 of chapter 5 of the statutes of 2023, the reference in section 200 of this Act to one of the organizations that coordinate organ or tissue donations and are designated by the Minister in accordance with section 10.3.4 of the Act respecting the Ministère de la Santé et des Services sociaux is a reference to such an organization listed by the Minister in accordance with section 2.0.11 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5).

In addition, until the date of coming into force of subparagraph 5 of the second paragraph of section 76 of this Act, the reference in section 200 of this Act to the national information filing system is a reference to the consent registry for the post-mortem removal of organs and tissues kept by the Régie de l’assurance maladie du Québec.

2023, c. 34, s. 1561.

Not in force

1562. On the date of coming into force of subparagraph 5 of the second paragraph of section 76 of this Act, the information contained in the consent registry for the post-mortem removal of organs and tissues kept by the Régie de l’assurance maladie du Québec under the seventh paragraph of section 2 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) is transferred to the Minister and entered in the consent registry for the post-mortem removal of organs and tissues that Santé Québec keeps on the Minister’s behalf by means of the national information filing system. Likewise, the information assets related to the registry are transferred to the Minister with all the related rights and obligations.

2023, c. 34, s. 1562.

Not in force

1563. As of the date of coming into force of section 20 of the Act to amend the Act respecting end-of-life care and other legislative provisions (2023, chapter 15) and until the date of coming into force of section 1424 of this Act,

(1)  section 29.10 of the Act respecting end-of-life care (chapter S-32.0001), enacted by section 20 of chapter 15 of the statutes of 2023, is to be read as follows:

“29.10. Every advance request must, to be applicable, be recorded by the competent professional who provides assistance to the patient making the request or, where applicable, by the officiating notary in the register established in accordance with section 63.”;

(2)  section 52 of the Act respecting end-of-life care is to be read as if “advance medical directives register” in the second paragraph were replaced by “register”;

(3)  Chapter II of Title III of the Act respecting end-of-life care is to be read as if the headings before section 63 were replaced by the following headings:

“ TITLE III.1 “ REGISTER OF ADVANCE MEDICAL DIRECTIVES AND ADVANCE REQUESTS FOR MEDICAL AID IN DYING ”;

(4)  section 63 of the Act respecting end-of-life care is to be read as if “an advance medical directives register” in the first paragraph were replaced by “a register of advance medical directives and advance requests for medical aid in dying”; and

(5)  section 64 of the Act respecting end-of-life care is to be read as if “or advance requests for medical aid in dying” were inserted after “advance medical directives”.

2023, c. 34, s. 1563.

Not in force

1564. On the date of coming into force of subparagraph 6 of the second paragraph of section 76 of this Act, the information contained in the advance medical directives register established and maintained by the Minister under the first paragraph of section 63 of the Act respecting end-of-life care (chapter S-32.0001) is transferred to Santé Québec for the purposes of the equivalent register that Santé Québec puts in place by means of the national information filing system. Likewise, the information assets related to the register are transferred to Santé Québec with all the related rights and obligations.

2023, c. 34, s. 1564.

Not in force

1565. On the date of coming into force of subparagraph 7 of the second paragraph of section 76 of this Act, the information contained in the system designed to allow every insured person to find a physician that was put in place by the Régie de l’assurance maladie du Québec under the sixth paragraph of section 2 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), amended by section 19 of chapter 16 of the statutes of 2022 and section 231 of chapter 5 of the statutes of 2023, is transferred to Santé Québec for the purposes of the equivalent mechanism that Santé Québec puts in place by means of the national information filing system. Likewise, the information assets related to the system are transferred to Santé Québec with all the related rights and obligations.

2023, c. 34, s. 1565.

Not in force

1566. Until the date of coming into force of section 203 of the Act respecting health and social services information (chapter R-22.1) or until the date of coming into force of subparagraph 7 of the second paragraph of section 76 of this Act, whichever occurs first, the Régie de l’assurance maladie du Québec confirms or denies to Santé Québec or to an institution other than a Santé Québec institution, on request and to enable Santé Québec or the institution to guide a user toward the appropriate services, whether the user is entered in the system designed to allow every insured person to find a physician that is provided for in the sixth paragraph of section 2 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), amended by section 19 of chapter 16 of the statutes of 2022 and section 231 of chapter 5 of the statutes of 2023.

2023, c. 34, s. 1566.

Not in force

1567. On the date of coming into force of subparagraph 8 of the second paragraph of section 76 of this Act, the information contained in the system designed to allow every insured person to make an appointment with a health and social services professional that was put in place by the Régie de l’assurance maladie du Québec under the sixth paragraph of section 2 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), amended by section 19 of chapter 16 of the statutes of 2022 and section 231 of chapter 5 of the statutes of 2023, is transferred to Santé Québec for the purposes of the equivalent mechanism that Santé Québec puts in place by means of the national information filing system. Likewise, the information assets related to the system are transferred to Santé Québec with all the related rights and obligations.

2023, c. 34, s. 1567.

Not in force

1568. On the date of coming into force of subparagraph 1 of the first paragraph of section 78 of this Act, the information contained in the register of users maintained by the Régie de l’assurance maladie du Québec under section 74 of the Act respecting the sharing of certain health information (chapter P-9.0001) is transferred to Santé Québec and entered in the register of users that Santé Québec keeps for, among other things, the operation of the national information filing system. Likewise, the information assets related to the register are transferred to Santé Québec with all the related rights and obligations.

2023, c. 34, s. 1568.

Not in force

1569. Until the date of coming into force of subparagraph 1 of the first paragraph of section 78 of this Act, the Régie de l’assurance maladie du Québec communicates, on request, to Santé Québec or to the Minister the information contained in the register of users that it maintains under section 74 of the Act respecting the sharing of certain health information (chapter P-9.0001) so that Santé Québec or the Minister can use the information for purposes relating to the organization, planning or provision of services or the supply of goods or resources in the field of health or social services.

2023, c. 34, s. 1569.

Not in force

1570. On the date of coming into force of subparagraph 2 of the first paragraph of section 78 of this Act, the information contained in the register of providers maintained by the Régie de l’assurance maladie du Québec under section 85 of the Act respecting the sharing of certain health information (chapter P-9.0001) is transferred to Santé Québec and entered in the register of service providers that Santé Québec keeps for, among other things, the operation of the national information filing system. Likewise, the information assets related to the register are transferred to Santé Québec with all the related rights and obligations.

2023, c. 34, s. 1570.

Not in force

1571. On the date of coming into force of subparagraph 3 of the first paragraph of section 78 of this Act, the information contained in the register of bodies that is maintained by the Minister under section 94 of the Act respecting the sharing of certain health information (chapter P-9.0001) is transferred to Santé Québec and entered in the register of bodies that Santé Québec keeps for, among other things, the operation of the national information filing system. Likewise, the information assets related to the register are transferred to Santé Québec with all the related rights and obligations.

2023, c. 34, s. 1571.

Not in force

1572. On the date of coming into force of section 220 of the Act respecting health and social services information (chapter R-22.1), the information contained in the health information banks in the clinical domains referred to in the Act respecting the sharing of certain health information (chapter P-9.0001) is transferred from the Minister to Santé Québec and kept by Santé Québec in the national information filing system established under section 76 of this Act, for a period of 12 years after its communication to the operations manager of those banks. Likewise, the information assets related to those banks are transferred to Santé Québec with all the related rights and obligations.

2023, c. 34, s. 1572.

Not in force

1573. The Minister exercises the functions conferred on Santé Québec by subparagraph 3 of section 27 and sections 76 to 84 of this Act until 1 April 2025 or any earlier date determined by the Government.

For that purpose, any information, information asset, right or obligation to be transferred to Santé Québec before that date under sections 1564, 1566, 1567 and 1569 is transferred to the Minister in the place and stead of Santé Québec.

At the end of the exercise of the functions provided for in the first paragraph, the Minister transfers to Santé Québec any information gathered for those purposes, as well as any information asset related to them, with all the related rights and obligations, including, if applicable, the information, assets, rights and obligations that were transferred to the Minister under the second paragraph.

2023, c. 34, s. 1573.

Not in force

1574. Until the date of coming into force of section 17 of the Act respecting health and social services information (chapter R-22.1), the person concerned by a complaint record and, where applicable, their representative, heir or successor, the liquidator of their succession, the person they designated as a beneficiary of life insurance or of a death benefit, and the person having parental authority may have access to that record in accordance with sections 17 to 28 of the Act respecting health services and social services (chapter S-4.2), as they read on the day before the day of amalgamation.

2023, c. 34, s. 1574.

Not in force

DIVISION II TRANSFER OF THE RIGHTS AND OBLIGATIONS OF THE MINISTER OF HEALTH AND SOCIAL SERVICES WITH RESPECT TO SANTÉ QUÉBEC

2023, c. 34, Div. II.

Not in force

1575. With regard to functions that were exercised by the Minister of Health and Social Services and that become, under this Act, functions of Santé Québec, the latter is substituted for the former, acquires the former’s rights and assumes the former’s obligations.

2023, c. 34, s. 1575.

Not in force

1576. Santé Québec becomes, without continuance of suit, a party to all proceedings to which the Minister was a party, with respect to the rights it acquires and the obligations it assumes under section 1575.

2023, c. 34, s. 1576.

Not in force

1577. Any prior notice of an unfavourable decision prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and notified by the Minister is deemed to have been notified by Santé Québec, with respect to the rights it acquires and the obligations it assumes under section 1575 of this Act.

2023, c. 34, s. 1577.

DIVISION III PROVISIONS RELATING TO AMENDING PROVISIONS IN PART XI

2023, c. 34, Div. III.

Not in force

§ 1 . — Health and social services information

2023, c. 34, Sd. 1.

Not in force

1578. Until the date of coming into force of section 192 of the Act respecting health and social services information (chapter R-22.1), subparagraph 1 of the first paragraph of section 44 of the Act respecting clinical and research activities relating to assisted procreation (chapter A-5.01) is to be read as if “(chapter S-4.2)” were replaced by “for the Inuit and Naskapi (chapter S-4.2) or under the Act respecting the governance of the health and social services system (chapter G-1.021)”.

2023, c. 34, s. 1578.

Not in force

1579. Until the date of coming into force of section 200 of the Act respecting health and social services information (chapter R-22.1), the Régie de l’assurance maladie du Québec may, in accordance with the conditions and formalities provided for in the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1),

(1)  forward to Santé Québec the information that Santé Québec needs to exercise the functions provided for in the sixth paragraph of section 65 of the Health Insurance Act (chapter A-29), amended by section 922 of this Act, provided such information does not allow an insured person to be identified; and

(2)  forward to Santé Québec the information listed in the seventh paragraph of section 65 of the Health Insurance Act.

2023, c. 34, s. 1579.

Not in force

1580. Until the date of coming into force of section 203 of the Act respecting health and social services information (chapter R-22.1), the Régie de l’assurance maladie du Québec may communicate to Santé Québec information on insured services provided by territory or by type of activity in a territory or in a facility maintained by an institution, provided it does not contain the name or address of any professional.

2023, c. 34, s. 1580.

Not in force

1581. Until the day of amalgamation, any reference in section 48.1 of the Coroners Act (chapter C-68.01), amended by section 986 of this Act, to the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) is a reference to the Act respecting health services and social services (chapter S-4.2).

2023, c. 34, s. 1581.

Not in force

1582. Until the date of coming into force of section 217 of the Act respecting health and social services information (chapter R-22.1), section 15 of the Public Protector Act (chapter P-32), amended by section 1175 of this Act, must be read as if “10.3.4 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2)” in paragraph 6.3 were replaced by “2.0.11 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5)”.

2023, c. 34, s. 1582.

Not in force

1583. Until the date of coming into force of paragraph 3 of section 231 of the Act respecting health and social services information (chapter R-22.1), the information from the systems referred to in the sixth paragraph of section 2 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), amended by section 231 of chapter 5 of the statutes of 2023 and section 1207 of this Act, that must be communicated to the Minister under a government regulation for health and social services assessment and evaluation purposes must be communicated, for the same purposes, to Santé Québec.

2023, c. 34, s. 1583.

Not in force

1584. Until the date of coming into force of section 238 of the Act respecting health and social services information (chapter R-22.1),

(1)  section 55 of the Workers’ Compensation Act (chapter A-3) is to be read as if “Act respecting health services and social services (chapter S-4.2), an institution within the meaning of that Act” in the third paragraph were replaced by “Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2), an institution within the meaning of that Act or Santé Québec”;

(2)  section 208 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), amended by section 866 of this Act, is to be read as if “applies despite section 19 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2). It” were inserted after “That obligation” in the second paragraph;

(3)  sections 229 and 233.4 of the Act respecting industrial accidents and occupational diseases are to be read as if “Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2), within 10 days after a request by the Commission, an institution within the meaning of the Act respecting health services and social services or within the meaning of” and “Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2), within 10 days after a request by the Commission, an institution within the meaning of that Act or within the meaning of” were replaced by “Within 10 days after a request by the Commission, Santé Québec, an institution other than a Santé Québec institution governed by the Act respecting the governance of the health and social services system (chapter G-1.021) or an institution governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2), despite section 19 of that Act, or an institution governed by”;

(4)  section 83.15 of the Automobile Insurance Act (chapter A-25) is to be read as if “for the Inuit and Naskapi” were inserted after “social services” in the fourth paragraph;

(5)  section 10 of the Act to authorize the communication of personal information to the families of Indigenous children who went missing or died after being admitted to an institution (chapter C-37.4) is to be read as if “for the Inuit and Naskapi” were inserted before “(chapter S-4.2)” in the first paragraph;

(6)  section 28 of the Public Curator Act (chapter C-81) is to be read as if

(a)  “for the Inuit and Naskapi” were inserted before “(chapter S-4.2)” in the first paragraph;

(b)  “or the Act respecting the governance of the health and social services system (chapter G-1.021)” were inserted after “either of those Acts” in the first paragraph;

(7)  paragraph 9 of section 3 of Schedule I to the Act respecting administrative justice (chapter J-3) is to be read as if “for the Inuit and Naskapi” were inserted before “(chapter S-4.2)”;

(8)  section 37.4.2 of the Youth Protection Act (chapter P-34.1) is to be read as if “(chapter S-4.2)” were replaced by “for the Inuit and Naskapi (chapter S-4.2), with the necessary modifications”;

(9)  section 72.11 of the Youth Protection Act is to be read as if “for the Inuit and Naskapi” were inserted before “(chapter S-4.2)” in the first paragraph;

(10)  section 129 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if “(chapter S-4.2)” in the first paragraph were replaced by “for the Inuit and Naskapi (chapter S-4.2), with the necessary modifications”;

(11)  section 66 and the third paragraph of section 132 of the Public Health Act (chapter S-2.2) are to be read as if “for the Inuit and Naskapi” were inserted before “(chapter S-4.2)”;

(12)  section 17 of the Act respecting pre-hospital emergency services (chapter S-6.2) is to be read as if “(chapter S-4.2), an institution” in the fourth paragraph were replaced by “for the Inuit and Naskapi (chapter S-4.2), an institution within the meaning of that Act respecting the governance of the health and social services system (chapter G-1.021), Santé Québec or a regional entity”;

(13)  section 118 of the Act respecting pre-hospital emergency services is to be read as if “the institution concerned must, notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2)” in the first paragraph were replaced by “Santé Québec or an institution other than a Santé Québec institution, as applicable, must, despite section 19 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2)”.

2023, c. 34, s. 1584.

Not in force

§ 2 . — Act to modernize the occupational health and safety regime

2023, c. 34, Sd. 2.

Not in force

1585. Until the date of coming into force of section 30 of the Act to modernize the occupational health and safety regime (2021, chapter 27), the third paragraph of section 150 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) is to be read as if “Act respecting health services and social services (chapter S-4.2) or within the meaning of” were replaced by “Act respecting the governance of the health and social services system (chapter G-1.021), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or”.

2023, c. 34, s. 1585.

Not in force

1586. Until the date of coming into force of section 55 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 189 of the Act respecting industrial accidents and occupational diseases is to be read as if “Act respecting health services and social services (chapter S-4.2) or by” in paragraph 2 were replaced by “Act respecting the governance of the health and social services system (chapter G-1.021), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or”.

2023, c. 34, s. 1586.

Not in force

1587. Until the date of coming into force of paragraphs 1, 2 and 3 of section 122 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 1 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if

(1)  the definition of “agency” were struck out;

(2)  “Act respecting health services and social services or within the meaning of Act respecting health services and social services for Cree Native persons” in the definitions of “hospital centre”, “local community service centre” and “public health director” were replaced by “Act respecting the governance of the health and social services system (chapter G-1.021), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5)”.

2023, c. 34, s. 1587.

Not in force

1588. Until the date of coming into force of paragraph 2 of section 139 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 51 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if “the agency” in subparagraph 10 of the first paragraph were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay, as the case may be,”.

2023, c. 34, s. 1588.

Not in force

1589. Until the date of coming into force of paragraph 10 of section 154 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 78 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if “the agency” in paragraph 12 were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay, as the case may be,”.

2023, c. 34, s. 1589.

Not in force

1590. Until the date of coming into force of section 107 of the Act respecting occupational health and safety (chapter S-2.1), replaced by section 172 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 107 of the Act respecting occupational health and safety is to be read as if “agencies” in subparagraph 2 of the first paragraph were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay, as the case may be,”.

2023, c. 34, s. 1590.

Not in force

1591. Until the date of coming into force of section 109 of the Act respecting occupational health and safety (chapter S-2.1), replaced by section 172 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 109 of the Act respecting occupational health and safety is to be read as if

(1)  the following paragraph were inserted after the first paragraph:

“The contract entered into with Santé Québec must set out the specific undertakings for each health region in its territory.”;

(2)  all occurrences of “every agency”, “an agency” and “the agency” were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay, as the case may be,”, with the necessary modifications.

2023, c. 34, s. 1591.

Not in force

1592. Until the date of coming into force of section 173 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 110 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if

(1)  “each agency” and “that agency” in the first paragraph were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services and the Cree Board of Health and Social Services of James Bay” and “each of them”, respectively;

(2)  the following paragraph were inserted after the first paragraph:

“The budget allotted to Santé Québec is divided up among each of the health regions in its territory based on the contract entered into under section 109.”;

(3)  “Each agency” and “Act respecting health services and social services (chapter S-4.2)” in the second paragraph were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services and the Cree Board of Health and Social Services of James Bay, as the case may be,” and “Act respecting the governance of the health and social services system (chapter G-1.021), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2), with the necessary modifications,”, respectively.

2023, c. 34, s. 1592.

Not in force

1593. Until the date of coming into force of section 175 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 115 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if “a facility maintained by a person operating a hospital centre or a local community service centre” in the second paragraph were replaced by “a hospital centre or a local community service centre operated by an institution governed by the Act respecting the governance of the health and social services system (chapter G-1.021) or in a facility where such a centre is operated by an institution governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5)”.

2023, c. 34, s. 1593.

Not in force

1594. Until the date of coming into force of section 177 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 117 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if “Act respecting health services and social services (chapter S-4.2) or, as the case may be, the Act respecting health services and social services for Cree Native persons (chapter S-5)” and “a person who operates a hospital centre or a local community service centre and who is designated in the contract entered into under section 109” were replaced by “Act governing the institution” and “the president and executive director of a Santé Québec institution designated by its board of directors under the second paragraph of section 214 of the Act respecting the governance of the health and social services system (chapter G-1.021), the executive director of an institution governed by Part IV.1 or IV.3 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Cree Board of Health and Social Services of James Bay”, respectively.

2023, c. 34, s. 1594.

Not in force

1595. Until the date of coming into force of section 180 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 120 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if “Similarly, a physician whose application, as contemplated in section 117, has not been accepted or, once accepted has not been renewed by person operating a hospital centre or a local community service centre” in the second paragraph were replaced by “A physician whose application, as contemplated in section 117, has been refused or, once accepted, has not been renewed”.

2023, c. 34, s. 1595.

Not in force

1596. Until the date of coming into force of section 183 of the Act to modernize the occupational health and safety regime (2021, chapter 27), section 127 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if

(1)  “of the agency” in the introductory clause were replaced by “of his health region”;

(2)  in paragraph 2,

(a)  “, as the case may be, with the medical and professional services director of the Santé Québec institution or” were inserted after “cooperate”;

(b)  “of the person operating a hospital centre or local community service centre” were replaced by “of the institution governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5)”;

(c)  “Act respecting health services and social services (chapter S-4.2) and the regulations thereunder or, as the case may be, the Act respecting health services and social services for Cree Native persons (chapter S-5)” were replaced by “and with the Act governing the institution concerned”.

2023, c. 34, s. 1596.

Not in force

1597. Until the date of coming into force of section 185 of the Act to modernize the occupational health and safety regime (2021, chapter 27),

(1)  section 130 of the Act respecting occupational health and safety (chapter S-2.1) is to be read as if “the agency of” in the second paragraph were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay, according to”;

(2)  sections 131 and 132 of that Act is to be read as if “the agency” were replaced by “Santé Québec, of the Nunavik Regional Board of Health and Social Services or of the Cree Board of Health and Social Services of James Bay, as the case may be,”;

(3)  section 133 of that Act is to be read as if “an agency” were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay, as the case may be,”;

(4)  section 134 of that Act is to be read as if “the agency” in paragraph 1 were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay, as the case may be,”;

(5)  section 136 of that Act is to be read as if “an agency” in the second paragraph were replaced by “Santé Québec, the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay, as the case may be,”.

2023, c. 34, s. 1597.

Not in force

§ 3 . — Pre-hospital emergency services

2023, c. 34, Sd. 3.

Not in force

1598. Any protocol, recognition, certification, approval, standard, level, system or registry made, issued or maintained by the Minister of Health and Social Services under the Act respecting pre-hospital emergency services (chapter S-6.2), as it read on the day before the day of amalgamation, is under the responsibility of Santé Québec and is deemed to have been established, issued or maintained by Santé Québec.

2023, c. 34, s. 1598.

Not in force

1599. The clinical protocols developed and approved by the Minister of health and social services under the first paragraph of section 3 of the Act respecting pre-hospital emergency services (chapter S-6.2), as it read on the day before the day of amalgamation, are deemed to have been developed by the national medical director of pre-hospital emergency services under section 6 of that Act, as amended by section 1318 of this Act.

2023, c. 34, s. 1599.

Not in force

1600. The holder of an ambulance service permit in force on the day before the day of amalgamation is authorized to operate an ambulance service under that permit until the end of the permit’s period of validity.

Santé Québec issues a document attesting that authorization.

2023, c. 34, s. 1600.

Not in force

1601. Any service contract or agreement entered into by an integrated health and social services centre before the day of amalgamation under section 9, 25.1 or 38 of the Act respecting pre-hospital emergency services (chapter S-6.2) is deemed to have been entered into with Santé Québec as of that day.

2023, c. 34, s. 1601.

Not in force

1602. An information system designed or certification granted before the day of amalgamation by an integrated health and social services centre under the Act respecting pre-hospital emergency services (chapter S-6.2), as it read on the day before the day of amalgamation, and that, under this Act, is under the responsibility of Santé Québec, is deemed, as of that day, to have been designed or granted by Santé Québec.

2023, c. 34, s. 1602.

Not in force

1603. The terms of office of the members of a health communication centre’s board of directors end on the day of amalgamation.

2023, c. 34, s. 1603.

Not in force

1604. Unless the context indicates otherwise, in any document, a reference to the Corporation d’urgences-santé is a reference to Urgences-santé.

2023, c. 34, s. 1604.

Not in force

§ 4 . — Documents and acts attributable to the Minister

2023, c. 34, Sd. 4.

Not in force

1605. A sign provided by the Minister under the first paragraph of section 8 of the Act to prevent skin cancer caused by artificial tanning (chapter C-5.2), as it read on the date preceding the date of coming into force of section 936 of this Act, and a certification notice issued by the Minister under section 20.3.1 of the Tobacco Control Act (chapter L-6.2), as it read on that same date, remain valid until they are provided or issued by Santé Québec.

2023, c. 34, s. 1605.

Not in force

1606. The directive made, before the day of amalgamation, under the fifth paragraph of section 72.8 of the Youth Protection Act (chapter P-34.1) remains in force until Santé Québec makes a new one.

2023, c. 34, s. 1606.

Not in force

1607. The terms of office of the members of the Comité de partenaires concernés par le soutien aux personnes proches aidantes and of the members of the Observatoire québécois de la proche aidance, referred to in the first paragraph of sections 19 and 29, respectively, of the Act to recognize and support caregivers (chapter R-1.1), as they read on the day before the day of amalgamation, are continued until the members are reappointed or replaced in accordance with those provisions, amended, respectively, by sections 1202 and 1203 of this Act.

2023, c. 34, s. 1607.

Not in force

1608. An institution that, on the date preceding the date of coming into force of section 882 of this Act, was designated by the Minister in accordance with section 73 of the Funeral Operations Act (chapter A-5.02) is deemed to be so designated by Santé Québec as of the date of coming into force of section 882 of this Act.

2023, c. 34, s. 1608.

Not in force

1609. Any permit or licence issued or renewed by the Minister, before the date of coming into force of section 872 of this Act, under the Act respecting clinical and research activities relating to assisted procreation (chapter A-5.01), the Funeral Operations Act (chapter A-5.02) and the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2) is deemed to have been issued or renewed by Santé Québec.

Any other decision made by the Minister under those Acts with respect to such a permit or licence is deemed to have been made by Santé Québec.

Any application for a permit or licence or for its renewal or modification that was submitted to the Minister under one of those Acts and is under examination by the Minister on the day before the date of coming into force of section 872 of this Act is deemed to have been submitted to Santé Québec, which continues the examination process.

2023, c. 34, s. 1609.

Not in force

§ 5 . — Merger of bargaining units in the social affairs sector and other transitional measures relating to those units

2023, c. 34, Sd. 5.

Not in force

1610. Sections 72 to 92 of the Act respecting bargaining units in the social affairs sector (chapter U-0.1) take effect with respect to Santé Québec on the day of the merger.

2023, c. 34, s. 1610.

Not in force

1611. Despite the second paragraph of section 88 of the Act respecting bargaining units in the social affairs sector (chapter U-0.1), following the merger of the bargaining units that results from the process provided for in sections 72 and following of that Act, the parties have 18 months from the date on which the new association of employees of Santé Québec is certified to negotiate the matters defined as being the subject of clauses negotiated and agreed at the local level.

2023, c. 34, s. 1611.

Not in force

1612. The Act respecting bargaining units in the social affairs sector (chapter U-0.1) must, from the day of amalgamation until the day of the merger, be read as if

(1)  “whose process of negotiation is governed by the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2)” in the first paragraph of section 1 were replaced by “that are referred to in section 1.1”;

(2)  the following section were inserted after section 1:

“1.1. For the purposes of this Act, an institution in the social affairs sector is

(1)  a Santé Québec institution;

(2)  Santé Québec, where its institutions referred to in paragraph 1 are not concerned;

(3)  a public institution or a regional board referred to in subparagraph 2 of the fourth paragraph of section 1 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2);

(4)  a body referred to in subparagraph 3 of that paragraph;

(5)  a public institution or a regional council referred to in subparagraph 4 of that paragraph; or

(6)  a private institution under agreement referred to in subparagraph 5 of that paragraph.”;

(3)  “, except in the case of the institution referred to in paragraph 2 of section 1.1” were inserted after “section 4” in the first paragraph of section 9, amended by section 1435 of this Act;

(4)  “or if the Minister approves a resolution of the board of directors referred to in section 43 of the Act respecting the governance of the health and social services system (chapter G-1.021) that entails the grouping within one institution of the personnel assigned to several institutions” were inserted at the end of the second paragraph of section 13; and

(5)  the following section were inserted after the heading of Division VI:

“92.1. Santé Québec exercises the rights and performs the obligations incumbent under this Act on an institution referred to in paragraph 1 or 2 of section 1.1.

Unless Santé Québec decides otherwise, the president and executive director of that institution may validly perform, on behalf of Santé Québec, any act concerning the exercise of such a right or the execution of such an obligation.”.

2023, c. 34, s. 1612.

Not in force

1613. Subdivision 1 of Division II of the Act respecting bargaining units in the social affairs sector (chapter U-0.1), as it read on the day before the day of the merger, continues to apply to an institution, other than Santé Québec, whose union representation system is not in compliance with that subdivision as it reads from that day.

The first paragraph ceases to apply to an institution in the following cases:

(1)  sections 72 to 92 of the Act respecting bargaining units in the social affairs sector have taken effect with respect to the institution following a decision of the Minister made from the day of the merger under section 71 of that Act;

(2)  sections 12 to 28 of that Act are applicable to the institution following an integration of activities or amalgamation of institutions referred to in section 13 of that Act, where the projected date of the merger or the integration is not earlier than the day of the merger; or

(3)  sections 29 to 34 of that Act are applicable to the institution as the receiving institution following a partial transfer of activities that occurred from the day of the merger.

2023, c. 34, s. 1613.

Not in force

1614. Section 1 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2) is to be read, from the date on which the first president and chief executive officer of Santé Québec is appointed under section 3.3 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) until the day of amalgamation, as if “Santé Québec,” were inserted in the fourth paragraph after “institution includes”.

2023, c. 34, s. 1614.

Not in force

1615. Candidates for the specialist’s certificate in clinical biochemistry, certified clinical laboratory geneticists and persons in the process of obtaining a licence to practise pharmacy referred to in the first paragraph of section 3 of the Hospital Insurance Act (chapter A-28), as amended by section 900 of this Act, continue, if applicable, to be represented by the certified associations that represented them on 12 June 2024 and the conditions of employment they had on that date continue to apply, as they may be amended after that date, until they are replaced by the conditions of employment set out in an agreement entered into under that section.

2023, c. 34, s. 1615.

§ 6 . — Other transitional measures

2023, c. 34, Sd. 6.

Not in force

1616. The directive made before the day of amalgamation, under the second paragraph of section 29.16 of the Charter of the French language (chapter C-11), as it read before being amended by section 947 of this Act, remains in force until Santé Québec replaces it.

2023, c. 34, s. 1616.

1617. Until the date that is six months after the date set by the Government under the introductory clause of section 1636, the second paragraph of section 28 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2), enacted by section 1211 of this Act, is to be read as follows:

“Where an institution obtains the status of private institution under agreement within the meaning of the Act respecting health services and social services (chapter S-4.2), the clauses negotiated and agreed by a group of associations of employees are binding on every association affiliated to it from the date set in an order of the Minister of Health and Social Services. That date may not be later than one year after the change of status and, if no ministerial order is made, the last day of the time limit is the date on which the association becomes bound by those clauses.”.

2023, c. 34, s. 1617.

Not in force

1618. Section 309 of the Act to modernize the occupational health and safety regime (2021, chapter 27) applies to Santé Québec for the period comprised between the date on which the first president and chief executive officer of Santé Québec is appointed under section 3.3 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) and 31 December 2024.

2023, c. 34, s. 1618.

DIVISION IV NATIONAL PROGRAM ON THE QUALITY OF SERVICES, INFORMATION MANAGEMENT, TARIFFS AND CONTINUITY OF REGULATIONS

2023, c. 34, Div. IV.

Not in force

1619. Section 107.1 of the Act respecting health services and social services (chapter S-4.2), as it read on the day before the day of amalgamation, applies to an institution referred to in section 380 of this Act until a national program on the quality of services is developed under section 74 of this Act.

All references made by section 107.1 of the Act respecting health services and social services to the other provisions of that Act are references to the corresponding provisions of this Act.

The second paragraph of section 178 of this Act applies to the representative of an accreditation body referred to in the second paragraph of section 183.4 of the Act respecting health services and social services in the exercise of the functions also referred to in that paragraph, as if the representative was a person responsible for assessing compliance with the national program on the quality of services.

2023, c. 34, s. 1619.

Not in force

1620. Section 333.4 of the Act respecting health services and social services (chapter S-4.2), as it read on the day before the day of amalgamation, applies to the operator of a specialized medical centre referred to in section 587 of this Act until a national program on the quality of services has been developed under section 74 of this Act.

The reference made by section 333.4 of the Act respecting health services and social services to section 437 of that Act is a reference to section 555 of this Act.

2023, c. 34, s. 1620.

Not in force

1621. As of the day of amalgamation, a service provider whose services were retained by the Minister before that day under section 520.3.0.1 of the Act respecting health services and social services (chapter S-4.2), in particular to retain and manage, for each of the institutions referred to in section 185.1 of that Act, the information they collect under that section, is deemed to have been selected as a service provider by Santé Québec to retain and manage the information collected for the purpose of managing access to services. To that end, the agreement entered into between the Minister and the service provider before the day of amalgamation is deemed, as of that day, to have been entered into between the service provider and Santé Québec.

2023, c. 34, s. 1621.

1622. Any resident within the meaning of the regulation made under paragraph b of section 8 of the Hospital Insurance Act (chapter A-28) who does not hold a health insurance card or eligibility card issued in accordance with the Health Insurance Act (chapter A-29) or any person who is not a resident within the meaning of that regulation and who, between 13 December 2020 and the date of coming into force of the first regulation made under section 2.2 of the Hospital Insurance Act, enacted by section 899 of this Act, obtained any of the health services or social services referred to in the circular entitled “Tarifs pour les services rendus en externe, prix de journée pour la courte et la longue durée ainsi que prix de journée pour la réadaptation, les nouveau-nés et les services aux jeunes” (French only) volume 03, chapter 01, subject 42, document 19, bearing file number 2019-021 and dated 29 April 2019, replaced by the circular with the same title and the same volume, chapter, subject and document numbers bearing file number 2020-021 and dated 3 April 2020, by the circular bearing file number 2021-021 and dated 3 May 2021, by the circular bearing file number 2022-009 and dated 9 June 2022 and by the circular bearing file number 2023-009 and dated 29 April 2023, must pay the fees set out in the circular for that service for the year concerned.

The sums paid under a circular referred to in the first paragraph between 13 December 2020 and the date of coming into force of the first regulation made under section 2.2 of the Hospital Insurance Act, enacted by section 899 of this Act, are deemed to have been paid under the first paragraph and belong to the Government.

2023, c. 34, s. 1622.

Not in force

1623. The provisions of the Regulation respecting the application of the Act respecting health services and social services for Cree Native persons (chapter S-5, r. 1) and the Organization and Management of Institutions Regulation (chapter S-5, r. 5) are, to the extent that they are compatible with this Act, applicable to the persons and groups governed by this Act, until a regulation pertaining to similar subject matter is made under this Act.

The same applies to any ministerial order or order in council made under a provision of the Act respecting health services and social services for Cree Native persons (chapter S-5), until they are terminated or until new ministerial orders or orders in council pertaining to similar subject matter are made under this Act.

2023, c. 34, s. 1623.

Not in force

1624. The provisions of a regulation made under the Act respecting health services and social services (chapter S-4.2) are, to the extent that they are compatible with this Act, applicable to the persons and groups governed by this Act, until a regulation pertaining to similar subject matter is made under this Act.

The same applies to any ministerial order or order in council made under a provision of the Act respecting health services and social services, until they are terminated or until new ministerial orders or orders in council pertaining to similar subject matter are made under this Act.

2023, c. 34, s. 1624.

TITLE II MISCELLANEOUS AND FINAL PROVISIONS

2023, c. 34, Tit. II.

Not in force

1625. Despite the provisions of section 343 relating to the establishment of the advisory committee and its composition, an advisory committee is established to advise Santé Québec’s board of directors on the administration of the health and social services provided in the facilities of the grouped institution Saint Brigid’s–Jeffery Hale Hospital.

The committee is composed of the following nine members:

(1)  the director of the institution appointed under section 1626;

(2)  one person designated by and from among the physicians, dentists and pharmacists who have status and, where applicable, privileges allowing them to practise in the institution;

(3)  one person designated by and from among the nurses who exercise their functions in the institution’s facilities;

(4)  one person designated by and from among the persons, excluding physicians, dentists, pharmacists, nurses and nursing assistants, who hold a college or university diploma and exercise functions in the institution’s facilities that are characteristic of the field of activity covered by the diploma and that are directly related to health services, social services, research or teaching;

(5)  one person designated by and from among the members of the institution’s users’ committee;

(6)  one person designated by the board of directors of the institution’s foundations;

(7)  one person designated by the institution’s members; and

(8)  two persons co-opted by the members referred to in subparagraphs 1 to 7, to ensure the representation of the English-speaking community in the health region territory in which the institution is situated.

2023, c. 34, s. 1625.

Not in force

1626. A director of the grouped institution Saint Brigid’s–Jeffery Hale Hospital is appointed by Santé Québec’s board of directors after consulting the advisory committee members referred to in subparagraphs 2 to 8 of the second paragraph of section 1625.

That director is responsible for, among other things, the operation of that grouped institution’s facilities, under the authority of the president and executive director of the institution to which the grouped institution is attached.

2023, c. 34, s. 1626.

Not in force

1627. In addition to the functions assigned to it by section 343, the advisory committee referred to in section 1625 exercises, with regard to the facilities of the grouped institution Saint Brigid’s–Jeffery Hale Hospital, the following functions:

(1)  seeing to it that Santé Québec’s board of directors is informed of the English-speaking community’s particular needs with respect to health and social services and recommending measures to the board to ensure that the services provided in the institution’s facilities meet those needs;

(2)  making recommendations to Santé Québec’s board of directors on the institution’s organization and operation;

(3)  acting as liaison between Santé Québec, the grouped institution, its members and its foundation and the English-speaking community of the health region territory in which the institution is situated;

(4)  making recommendations to Santé Québec’s board of directors to ensure the continuity of the services provided in the English language in the institution’s facilities, improve the quality of those services and facilitate their development;

(5)  giving its opinion on the administrative, professional and scientific organization of the institution to which the grouped institution is attached; and

(6)  assuming any other function entrusted to it by Santé Québec’s board of directors.

2023, c. 34, s. 1627.

Not in force

1628. A public institution whose board of directors, on the day before the day of amalgamation, administered a grouped institution under the first paragraph of section 5 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2), is deemed, as of the day of amalgamation, to have been determined by the Minister under section 328 of this Act as being the public institution to which the grouped institution is attached.

2023, c. 34, s. 1628.

Not in force

1629. Despite the first paragraph of section 0.1 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2), enacted by section 1294 of this Act, a grouped institution constituted before the day of amalgamation under that Act is not required to carry on activities in the territories referred to in Parts IV.1 and IV.3 of that Act.

2023, c. 34, s. 1629.

Not in force

1630. The members of a grouped institution may support a foundation whose purpose, as defined in its constituting act, is essentially to collect contributions made for the benefit of that institution in planning fundraising events, collecting contributions and working with the foundation in allocating the contributions collected in accordance with this Act.

2023, c. 34, s. 1630.

Not in force

1631. The employees of a grouped institution become, without further formality, employees of Santé Québec.

The employees identified by Santé Québec exercise their functions in the centres operated by the grouped institution. Those employees are selected in particular on the basis of their knowledge of a language other than French that is spoken by the users of the grouped institution recognized under section 29.1 of the Charter of the French language (chapter C-11).

2023, c. 34, s. 1631.

1632. Before the date that is 18 months after the day of amalgamation or that is six months after the day of the merger, whichever is later, the Government may, by regulation, take any measure necessary or useful for carrying out this Act or effectively achieving its purpose. The Government may also make any consequential amendment to any regulation.

Despite sections 11 and 17 of the Regulations Act (chapter R-18.1), a regulation under the first paragraph may be made at the expiry of 15 days from the publication of the draft regulation in the Gazette officielle du Québec and comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated in the regulation. Once published and if it so provides, it may apply from any date not prior to 13 December 2023.

2023, c. 34, s. 1632.

Not in force

1633. This Act may be cited as the Act respecting the governance of the health and social services system.

2023, c. 34, s. 1633.

Chapter 34 of the statutes of 2023 was assented to on 13 December 2023 under the following title: “An Act to make the health and social services system more effective”.

Not in force

1634. This Act replaces the Act respecting health services and social services (chapter S-4.2), except to the extent that the latter applies to the territories referred to in sections 530.1 and 530.89.

2023, c. 34, s. 1634.

Not in force

1635. The Minister of Health and Social Services is responsible for the administration of this Act.

2023, c. 34, s. 1635.

1636. (Omitted).

2023, c. 34, s. 1636.

SCHEDULE I

(Sections 206, 303, 314, 323, 737)

OATH

I declare under oath that I will fulfill the duties of my office with honesty, impartiality and justice. I further declare under oath that I will not reveal or disclose, unless authorized by law, any confidential information that may come to my knowledge in the exercise of my functions.

2023, c. 34, Sch. I.

SCHEDULE II

(Section 328)

(1) HÔPITAL JEFFERY HALE – SAINT BRIGID’S;

(2) CENTRE DE RÉADAPTATION EN DÉFICIENCE INTELLECTUELLE ET EN TROUBLES ENVAHISSANTS DU DÉVELOPPEMENT DE L’ESTRIE;

(3) CENTRE DE SANTÉ ET DE SERVICES SOCIAUX – INSTITUT UNIVERSITAIRE DE GÉRIATRIE DE SHERBROOKE;

(4) INSTITUT UNIVERSITAIRE EN SANTÉ MENTALE DOUGLAS;

(5) CENTRE DE SOINS PROLONGÉS GRACE DART;

(6) CENTRE HOSPITALIER DE ST. MARY;

(7) L’HÔPITAL GÉNÉRAL JUIF SIR MORTIMER B. DAVIS;

(8) CENTRE MIRIAM;

(9) CHSLD JUIF DE MONTRÉAL;

(10) HÔPITAL MONT‑SINAÏ;

(11) LA CORPORATION DU CENTRE HOSPITALIER GÉRIATRIQUE MAIMONIDES;

(12) CENTRE DE RÉADAPTATION LETHBRIDGE-LAYTON-MACKAY;

(13) L’HÔPITAL CHINOIS DE MONTRÉAL (1963);

(14) HÔPITAL SANTA CABRINI;

(15) HÔPITAL JUIF DE RÉADAPTATION;

(16) LA RÉSIDENCE DE LACHUTE;

(17) CENTRE DE SANTÉ ET DE SERVICES SOCIAUX DU HAUT‑SAINT‑LAURENT.

2023, c. 34, Sch. II.