I-8 - Nurses Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter I-8

Nurses Act

The Minister of Justice is entrusted with the application of this Act. Order in Council 29-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1254.

DIVISION I DEFINITIONS

1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:

(a)  “Order” : the Ordre des infirmières et infirmiers du Québec constituted by this Act;

(b)  “Bureau” : the Bureau of the Order;

(c)  “nurse” or “member of the Order” : any person entered on the roll;

(d)  “permit” : a permit issued in accordance with the Professional Code (chapter C-26) and this Act;

(e)  (paragraph repealed);

(f)  “institution” : an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or an institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5);

(g)  “roll” : the list of the members in good standing of the Order prepared in accordance with the Professional Code and this Act;

(h)  “section” : a local corporation contemplated in Division VI.

1973, c. 48, s. 1; 1974, c. 65, s. 78; 1977, c. 5, s. 229; 1992, c. 21, s. 172; 1994, c. 40, s. 317; 1994, c. 23, s. 23.

DIVISION II ORDRE DES INFIRMIÈRES ET INFIRMIERS DU QUÉBEC

2. All the nurses qualified to practise the profession of nursing in Québec constitute a professional order called the “Ordre professionnel des infirmières et infirmiers du Québec” or the “Ordre des infirmières et infirmiers du Québec”.

1973, c. 48, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 318.

3. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).

1973, c. 48, s. 3.

4. The head office of the Order shall be at Montréal or at any other place in Québec determined by regulation of the Bureau adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C-26).

1973, c. 48, s. 4; 1994, c. 40, s. 319.

DIVISION III THE BUREAU

5. The Order shall be administered by a Bureau consisting of a president and 28 directors, including a vice-president and a treasurer.

The treasurer shall be the depositary of the moneys and other assets of the Order. He shall perform any other duties imposed on him by the regulations or specially entrusted to him by the Bureau, the Executive Committee or the president.

1973, c. 48, s. 5; 1989, c. 32, s. 1.

6. Twenty-four directors shall be elected by the councils of the sections from among their members.

Four other directors shall be appointed by the Office des professions du Québec, in the manner provided in the Professional Code (chapter C-26).

1973, c. 48, s. 6; 1974, c. 65, s. 109.

7. The Bureau shall, by regulation, fix the number of directors whom each council may elect to the Bureau.

1973, c. 48, s. 7; 1974, c. 65, s. 109; 1994, c. 40, s. 320.

8. When the president is elected by the elected directors, the Bureau shall be deemed regularly constituted, notwithstanding that the number of directors is decreased by one.

1973, c. 48, s. 8.

9. For the purpose of the election of the president, where he has not been elected by a general vote of the members of the Order, and of the election of the vice-president, of the treasurer and of two members of the Executive Committee, the secretary of the Order shall call a meeting of the elected and appointed directors which must be held in the ten days preceding the annual general meeting of the Order. The secretary shall act as returning officer and the vote shall be by secret ballot.

The president shall be elected from among the elected directors, by the vote of such directors, the vice-president and the treasurer shall be elected from among the elected directors by the vote of all the directors.

The president, the vice-president and the treasurer are ex officio members of the Executive Committee.

One member of the Executive Committee shall be elected from among the elected directors by the vote of such directors and the other member shall be elected from among the directors appointed by the Office des professions du Québec by the vote of all the directors.

1973, c. 48, s. 9; 1989, c. 32, s. 2; 1994, c. 40, s. 321.

10. If the president is unable to act by reason of absence or illness, he shall be replaced by the vice-president.

Every vacancy for the position of elected director is filled by a director elected by the council of the section to which the director whose position became vacant belonged.

1973, c. 48, s. 10.

11. In addition to the duties provided in sections 86 and 86.0.1 of the Professional Code (chapter C-26), the Bureau

(a)  shall advise the Minister of Health and Social Services on the quality of nursing care provided in the centres operated by the institutions and on the standards to be followed to improve the quality of such care;

(b)  (subparagraph repealed);

(c)  (subparagraph repealed);

(d)  (subparagraph repealed);

(e)  shall organize the keeping of a register of students in nursing and determine the formalities relating to the entry on such register;

(f)  may require an annual financial report from any section;

(g)  may, by a resolution approved by two-thirds of its members,

i.  require from the president of a section which does not have sufficient funds to subsist or does not make suitable and beneficial use of its funds, a report on the use of its funds;

ii.  order an inquiry into the affairs of a section which does not have sufficient funds to subsist or does not make suitable and beneficial use of its funds;

iii.  put under trusteeship a section which does not have sufficient funds to subsist or does not make suitable and beneficial use of its funds;

iv.  impose, on any section which fails to file, within the time fixed by the Bureau, a report required under subparagraph f of this paragraph or which fails to submit to the disallowance of a by-law effected under section 31, or impose on a section whose president fails to file, within the time fixed by the Bureau, a report required under paragraph i of this paragraph, the following penalty: placing under trusteeship of the section.

In performing the functions assigned to it in subparagraph a of the first paragraph, the Bureau may cause inquiries to be carried out with respect to the quality of nursing care provided in the centres operated by the institutions, and may establish an inquiry committee for that purpose. The Bureau shall, not less than 30 days before giving the notice referred to in subparagraph a of the first paragraph, send the conclusions and recommendations of the inquiry committee to the Bureau of the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec.

Every resolution adopted by the Bureau pursuant to subparagraph k of the first paragraph of section 86 of the Professional Code shall, to come into force, be approved by a majority of the delegates of the sections who vote on that issue at a general meeting of the Order, except in the case of a resolution fixing an increase in the contribution made necessary to allow the Order to meet the obligations or to pay the expenses mentioned in the second paragraph of section 86.

1973, c. 48, s. 11; 1985, c. 23, s. 24; 1989, c. 32, s. 3; 1992, c. 21, s. 173, s. 375; 1993, c. 38, s. 6; 1994, c. 40, s. 322.

11.1. It is forbidden to hinder in any way a member of an inquiry committee established pursuant to the second paragraph of section 11 in the performance of his duties, to mislead him by concealment or false declarations or to refuse to furnish him with any information or document relating to an inquiry which he holds under this Act.

Any person who contravenes this section commits an offence and is liable to the penalties prescribed by section 188 of the Professional Code (chapter C-26).

1994, c. 40, s. 323.

12. In addition to the duties provided in sections 87 to 93 of the Professional Code, the Bureau shall, by regulation:

(a)  determine from among the acts contemplated in section 36 those which, under certain prescribed conditions, may be performed by classes of persons other than nurses, particularly by nursing assistants;

(b)  determine the conditions and formalities relating to the revocation of the registration of a student in nursing.

The Bureau shall, before adopting a regulation under subparagraph a of the first paragraph, consult the Office des professions du Québec and the professional orders to which the persons contemplated by such regulation belong, or, if there are no such orders, the representative bodies of such classes of persons.

1973, c. 48, s. 12; 1974, c. 65, s. 109; 1994, c. 40, s. 324.

13. (Repealed).

1973, c. 48, s. 13; 1974, c. 65, s. 109; 1989, c. 32, s. 4; 1994, c. 40, s. 325.

14. In addition to the powers provided in section 94 of the Professional Code (chapter C-26), the Bureau may by regulation:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  abolish a section which has insufficient funds to subsist or does not make suitable or beneficial use of its funds;

(d)  impose on any section which fails to file, within the time limit fixed by the Bureau, a report required under subparagraph f of the first paragraph of section 11 or which fails to submit to the disallowance of a by-law effected under section 31, or, on a section whose president fails to file, within the time limit fixed by the Bureau, a report required under paragraph i of subparagraph g of the first paragraph of section 11, the following penalty: abolition of the section;

(e)  fix the apportionment among the sections of the proceeds from contributions.

1973, c. 48, s. 14; 1989, c. 32, s. 5; 1994, c. 40, s. 326.

15. Section 95.1 of the Professional Code (chapter C-26) applies to the regulation adopted under section 7 and under paragraphs c, d and e of section 14.

1973, c. 48, s. 15; 1994, c. 40, s. 327.

DIVISION IV GENERAL MEETINGS

16. Only delegates of sections may vote at general meetings of the Order.

1973, c. 48, s. 16.

17. Each section shall elect, in accordance with its by-laws, one delegate per 75 members of the Order who are enrolled in the section.

1973, c. 48, s. 17; 1989, c. 32, s. 6.

17.1. The annual general meeting shall be held within nine months from the end of the fiscal year of the Order.

1994, c. 40, s. 328.

DIVISION V SECRETARY OF THE ORDER

18. The Bureau shall choose a secretary from among the members of the Order.

The office of secretary has no fixed term; it may be terminated:

(a)  by resignation of the secretary;

(b)  by a resolution of the Bureau passed by a two-thirds majority vote of its members.

The Bureau may also appoint one or more assistant secretaries to the Order and define their functions.

1973, c. 48, s. 18; 1974, c. 65, s. 79.

19. The secretary shall act as secretary of the Order, the Bureau and the Executive Committee.

He shall have the custody of the records of the Order.

1973, c. 48, s. 19.

20. Every certificate bearing the signature of the secretary or an assistant secretary is authentic.

1973, c. 48, s. 20.

DIVISION VI SECTIONS

21. The Order shall be divided into at least eleven sections the territorial boundaries of which shall be those fixed by regulation of the Bureau.

The territorial limits of the sections shall be determined by referring to the description and the map of the boundaries in Schedule I to order in council 2000-87 dated 22 December 1987, revising the boundaries of the administrative regions of Québec, as amended.

Section 95.1 of the Professional Code (chapter C-26) applies to the regulation adopted pursuant to the first paragraph.

1973, c. 48, s. 21; 1994, c. 40, s. 329.

22. Each section shall constitute a separate and autonomous corporation composed of the nurses enrolled therein.

1973, c. 48, s. 22.

22.1. A person may be enrolled in a section if he is

(1)  a member of the Order who has his main residence in the territory of the section and who has informed the secretary of the Order in writing of the place of his residence;

(2)  a member of the Order who has his professional domicile in the territory of the section, who does not have his main residence in the territory of any of the sections of the Order and who has informed the secretary of the Order in writing of the place where he has his professional domicile and of the place of his main residence.

1989, c. 32, s. 7; 1994, c. 40, s. 330.

23. A section shall be designated under the name of “Order of Nurses of the (indicate appropriate district name) district” or “Order of Nurses of district (indicate appropriate district number)”.

1973, c. 48, s. 23; 1994, c. 40, s. 331.

24. Each section shall be administered by a council consisting of a president, a vice-president and the number of councillors, not to exceed eight, determined by the regulations of the section, which shall fix their term.

The president, the vice-president and the councillors shall take office at the closing of the annual general meeting of the Order immediately following their election and they shall remain in office until they die, until they resign or until they are replaced or struck off the roll.

1973, c. 48, s. 24; 1989, c. 32, s. 8.

25. The election of the members of the council of a section shall be held not later than 30 days before the annual general meeting of the Order, on the date and according to the mode of election fixed by resolution of the council of the section.

The council of the section shall designate a returning officer from among the members of the section.

Voting shall be by secret ballot.

1973, c. 48, s. 25; 1974, c. 65, s. 80; 1989, c. 32, s. 9.

25.1. Only members of the Order enrolled in the section are eligible and entitled to vote.

1989, c. 32, s. 9.

25.2. Following the election of the members of the council of the section and not later than 30 days before the annual general meeting of the Order, the members shall designate by secret ballot, from among their number, a president, a vice-president and the directors who will form part of the Bureau.

1989, c. 32, s. 9.

26. The president shall preside at the meetings of the section and the sittings of the council. In case of a tie vote, the president, the vice-president or the provisional president chosen in their absence, shall have a casting vote.

1973, c. 48, s. 26.

27. If the president is unable to act by reason of absence or illness, he shall be replaced by the vice-president.

1973, c. 48, s. 27.

28. The council of a section may adopt by-laws for its management, the administration of its property, and on any matter of general interest to the members of the section, except matters within the competence of the Order.

1973, c. 48, s. 28; 1994, c. 40, s. 332.

29. Unless otherwise ordered, the by-laws of the councils of sections shall come into force on the day they are passed.

1973, c. 48, s. 29.

30. The secretary of each section shall send the secretary of the Order a certified copy of every by-law passed by the council of the section, within ten days after it is passed.

1973, c. 48, s. 30.

31. Within four months after the secretary of the Order receives a by-law of a section, the Bureau may, after a prior notice to the section concerned, disallow such by-law by an affirmative vote of two-thirds of the members present.

The Bureau shall exercise such right of disallowance if the by-law of the council of any section is inconsistent with a regulation of the Bureau or the general interest of the Order.

Disallowance by the Bureau shall be retroactive to the date of the by-law of the section and shall nullify every act that might have been done under it.

1973, c. 48, s. 31.

31.1. The fiscal year of a section ends on 31 March.

1989, c. 32, s. 10.

31.2. At the annual general meeting of a section, the members shall elect the auditors who will be responsible for auditing the books and accounts of the section and the president of the council of the section shall submit a report on the activities of the section together with the financial statements of the section.

The report shall subsequently be transmitted to the secretary of the Order who shall present it to the Bureau at the next meeting after it has been received.

1989, c. 32, s. 10.

31.3. The books and accounts of a section shall be audited every year.

1989, c. 32, s. 10.

32. When a section is put under trusteeship or abolished, all its powers shall vest in the Bureau.

1973, c. 48, s. 32.

DIVISION VII REGISTRATION

33. Registration of a student in nursing is established by a certificate issued by the secretary of the Order.

1973, c. 48, s. 33.

34. Every student in nursing is entitled to a registration certificate who:

(a)  holds a high school leaving certificate from the Ministère de l’Éducation or a diploma deemed equivalent by the Bureau, and

(b)  has observed the formalities prescribed by the Bureau.

1973, c. 48, s. 34; 1977, c. 5, s. 14; 1993, c. 51, s. 72; 1994, c. 16, s. 50.

35. The Bureau may revoke a registration certificate in accordance with the regulations made under subparagraph b of the first paragraph of section 12.

1973, c. 48, s. 35.

DIVISION VIII PRACTICE OF THE PROFESSION

36. Every act the object of which is to identify the health needs of persons, contribute to methods of diagnosis, provide and control the nursing care required for the promotion of health, prevention of illness, treatment and rehabilitation, and to provide care according to a medical prescription constitutes the profession of nursing.

1973, c. 48, s. 36.

37. A nurse may in practising the profession inform the population on health problems.

1973, c. 48, s. 37.

38. Every person is entitled to obtain a permit who applies therefor and who:

(a)  holds a registration certificate;

(b)  (subparagraph repealed);

(c)  has complied with the conditions and formalities imposed under the Professional Code (chapter C-26).

Subparagraph a of the first paragraph does not apply to a petitioner whose diploma was issued by an educational establishment situated outside Québec.

1973, c. 48, s. 38; 1989, c. 32, s. 11; 1994, c. 40, s. 333.

39. (Repealed).

1973, c. 48, s. 39; 1994, c. 40, s. 334.

40. No person may practise the profession of nursing under a name other than his own.

Nurses may, however, practise their profession under the name of one or two or more of the partners.

1973, c. 48, s. 40; 1989, c. 32, s. 12.

DIVISION IX ILLEGAL PRACTICE OF THE PROFESSION

41. Subject to the rights and privileges expressly granted by law to other professionals, no person may do any of the acts described in section 36, except a nurse.

This section does not apply to acts done:

(a)  by a person who is legally authorized to practise the profession of nursing outside Québec, whose contract of engagement requires him to accompany and care for a patient temporarily residing in Québec, during the period of such engagement, provided that such person does not present himself as the holder of a permit;

(b)  by a person in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26);

(c)  by a person belonging to a class of persons contemplated in a regulation adopted pursuant to subparagraph a of the first paragraph of section 12, provided he performs them under the conditions prescribed in the regulation;

(d)  by students as part of a training program for persons referred to in the regulation made under subparagraph a of the first paragraph of section 12.

This section does not contemplate:

(a)  persons who provide care to the sick as domestics, companions, nursery maids or domestic helpers;

(b)  persons who provide care to the members of their family.

1973, c. 48, s. 41; 1984, c. 27, s. 68; 1994, c. 40, s. 335.

42. Every person who contravenes section 41 is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C-26).

1973, c. 48, s. 42.

DIVISION X

This Division ceased to have effect on 17 April 1987.

43. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 48 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 43 to 51 and 53, effective from the coming into force of chapter I-8 of the Revised Statutes.