L-0.2 - Act respecting medical laboratories and organ and tissue conservation

À jour au 1^er janvier 2002

Ce document a valeur officielle.

chapter L-0.2

Act respecting medical laboratories, organ, tissue, gamete and embryo conservation, ambulance services and the disposal of human bodies

This Act was formerly entitled: “Public Health Protection Act”. The title of the Act was replaced by section 149 of chapter 60 of the statutes of 2001.

2001, c. 60, s. 149.

DIVISION I INTRODUCTION

1. In this Act, unless the context indicates a different meaning, the expressions and words:

(a)  “hospital centre” means a hospital centre governed by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5);

(a.1)  “local community service centre” means a local community service centre governed by the Act respecting health services and social services or by the Act respecting health services and social services for Cree Native persons;

(a.2)  “regional council” means a health and social service council established under the Act respecting health services and social services for Cree Native persons;

(a.3)  “institution” means an institution governed by the Act respecting health services and social services or by the Act respecting health services and social services for Cree Native persons;

(b)  “laboratory” means a laboratory included in one of the categories determined by regulation and which is a place outside a facility maintained by an institution equipped for manufacturing or repairing ortheses or prosthetic devices, making medical biology examinations, particularly in the fields of biochemistry, heamatology, bacteriology, immunology, histopathology and virology, for making radioisotope or radiology examinations for purposes of prevention, diagnosis and treatment of disease in humans, or for making examinations in the fields of toxicology, audiology and the physiology of respiration;

(c)  “Minister” means the Minister of Health and Social Services;

(d)  “disease that must be declared” means a disease determined by regulation that must be declared in accordance with this Act;

(e)  “venereal disease” means syphilis, gonococcal infections, chancroid, lymphogranulomatosis inguinalis or granuloma inguinale;

(f)  “disease entailing compulsory immunization” means a disease determined by the regulations against which immunization is made compulsory by this Act;

(g)  “disease entailing compulsory treatment” means a contagious or venereal disease determined by the regulations for which treatment is made compulsory by this Act;

(g.1)  “regional board” means a regional health and social services board established under the Act respecting health services and social services and the institution to which Part IV.2 of that Act applies;

(h)  “regulation” means any regulation made under this Act by the Government;

(i)  “ambulance service” means any service for transport by ambulance of persons requiring medical care or already under medical treatment;

(j)  “deceased person” means the body of a deceased person or of a stillborn child or a foetus;

(k)  (paragraph repealed);

(l)  “fluorination device” means a system which may be installed in a filtration plant, permitting the control of fluorine concentration in the water treated by such plant;

(m)  “organ and tissue bank” means a place outside a facility maintained by an institution operating a hospital centre equipped for keeping organs or tissues taken from human bodies, in view of the utilization of such organs or tissues for medical or scientific purposes;

Not in force

(m.1)  “gametes or embryos conservation centre” means premises outside a facility maintained by an institution operating a hospital centre, designed for the collection, conservation or distribution of human gametes or embryos with a view to using the gametes or embryos for medical or scientific purposes;

(n)  “prosthesis” means a device intended to replace to whole or part of an organ or member of a human being;

(o)  “orthesis” means a device fitted to a human being and intended to ensure the proper functioning of one of his members or organs or to restore proper functioning, make up for the limitations or improve the physiological capacity of one of his members or organs that has ceased to function, has never become fully developed or suffers from a congenital abnormality;

(p)  “police department” means a municipal police department or the Sûreté du Québec.

A laboratory within the meaning of subparagraph b of the first paragraph includes and has always included a professional’s private consulting office, as defined in the Act respecting health services and social services for Cree Native persons in which equipment is used to exercise any of the activities mentioned in the said subparagraph. A laboratory within the meaning of the said subparagraph also includes a private health facility within the meaning of the Act respecting health services and social services in which equipment is used to carry on any of the activities mentioned in the said subparagraph.

1972, c. 42, s. 1; 1975, c. 63, s. 1; 1977, c. 5, s. 14; 1977, c. 47, s. 1; 1979, c. 63, s. 297; 1981, c. 22, s. 103; 1982, c. 58, s. 64; 1984, c. 27, s. 81; 1985, c. 23, s. 24; 1989, c. 58, s. 1; 1992, c. 21, s. 240, s. 375; 1994, c. 23, s. 23; 1997, c. 77, s. 1; 1998, c. 39, s. 185; 2000, c. 56, s. 185.

DIVISION II OBJECT OF THE ACT

2. The Minister of Health and Social Services shall be entrusted with the application of this Act. His functions shall be:

(a)  to coordinate the measures for the protection of public health and the distribution and supervision of the services relating to such protection;

(b)  to participate in the preparation of programs of popular education, training and research in the fields of prevention, diagnosis and treatment of diseases, rehabilitation of the sick and public health generally;

(c)  to assure the access of the population to the services provided for by this Act and to analyse the use of such services;

(d)  to establish and maintain a system for gathering and analysing social, medical and epidemiological data and compile information on births, marriages, divorces, annulments of marriage and deaths for demographic purposes;

(e)  to establish a system for gathering and analysing data on the frequency and distribution of disease and in particular of diseases having social repercussions such as alcoholism and other toxicomanias;

(f)  to see that services for the prevention of and immunization against certain diseases and services for the prevention of dental diseases are assured;

(g)  to issue permits in accordance with this Act.

In addition to his powers under this Act, the Minister may, by regulation,

(a)  determine ambulance service zones;

(b)  except as regards a municipality providing ambulance services, fix the rate of transportation by ambulance and determine, for categories of users who are not required to pay for such transportation or who may be reimbursed for all or part of its costs under legislative or regulatory provisions, particular rates applicable to each category or establish standards for fixing them;

(c)  establish standards for fixing the maximum number of ambulance service permits or the maximum number of ambulances; such maximum numbers may be fixed for a region, part of a region, a territory or a zone;

(d)  establish standards for transport by ambulance between facilities maintained by institutions;

(e)  establish standards for ambulance service subsidies;

(f)  (subparagraph repealed);

(g)  determine the standards regarding the qualifications of the staff assigned to the services of a pre-hospitalization emergency system and the standards regarding the equipment, functioning and inspection of the operations of such services;

(h)  determine the terms and conditions which must be fulfilled by any person applying for an ambulance service permit;

(i)  determine what document and information a holder of an ambulance service permit must produce, the reports he must make, the records he must keep and the fees he must pay, as well as the conditions and procedure for renewal of permits;

(j)  prescribe any useful measure to ensure the protection and safety of persons transported by ambulance.

The Minister may, on the conditions and to the extent he determines, delegate to a regional board or regional council the functions and powers provided in subparagraph g of the first paragraph and in the second paragraph, except those provided in subparagraphs b and e; he may also entrust a regional board or regional council with the financial management of the funds relating to the carrying out of this section.

The Minister may verify the carrying out of the said delegation or appoint a person to do so. He may revoke such a delegation at any time. If a delegation is revoked, a by-law passed by a regional board or regional council under the delegation remains in force until it is replaced or repealed by the Minister.

1972, c. 42, s. 2; 1981, c. 22, s. 104; 1984, c. 47, s. 114; 1985, c. 23, s. 24; 1988, c. 47, s. 4; 1992, c. 21, s. 241, s. 375.

2.1. A regulation made by the Minister under section 2 comes into force ten days after the date of its publication in the Gazette officielle du Québec or on any later date determined therein. No regulation made under subparagraph b of the second paragraph of the said section may, however, come into force before it has been approved by the Government.

A regulation made by a regional board or regional council under the same section comes into force fifteen days after the date of its approval by the Minister or on any later date he may determine. The regional board or regional council shall transmit to each holder of an ambulance service permit under its jurisdiction a copy of the regulation accompanied with a notice of the date of its coming into force, not later than five days after the date of its approval by the Minister.

1984, c. 47, s. 115; 1988, c. 47, s. 5; 1992, c. 21, s. 242.

3. (Repealed).

1972, c. 42, s. 3; 1987, c. 68, s. 97.

DIVISION III DISEASES

4. The Government after consultation with the Bureau of the Ordre des médecins du Québec shall draw up by regulation a list of diseases that must be declared.

1972, c. 42, s. 4; 1973, c. 46, s. 49; 1977, c. 5, s. 229.

5. The public health director appointed pursuant to section 372 of the Act respecting health services and social services (chapter S-4.2) must declare to the Minister, in accordance with the regulations, every case of a disease that must be declared or of venereal disease.

Every physician must declare to the Minister or to the public health director in the territory, in accordance with the regulations, every case of a disease that must be declared or of venereal disease of which he is aware.

The head of a laboratory in or outside a facility maintained by an institution or the head of a medical biology department must declare to the Minister or to the public health director of the territory, in accordance with the regulations, every case where an examination reveals the presence of a disease that must be declared or a venereal disease.

In the case of a declaration of venereal disease, it is forbidden to declare the name of the person suffering from the disease. The person must be designated by a number, with an indication of his age and sex, and the local municipality in whose territory he resides.

1972, c. 42, s. 5; 1981, c. 22, s. 105; 1992, c. 21, s. 243; 1996, c. 2, s. 781.

6. A physician must address to the person determined by regulation a declaration giving the name and address of every person who refuses, neglects or ceases to follow the required treatment for a venereal disease.

1972, c. 42, s. 6; 1981, c. 22, s. 106.

7. Any information permitting identification of a person named in a declaration made under section 5 or 6 shall only be divulged to that person; this provision takes priority over every other provision of any general law or special act.

1972, c. 42, s. 7.

8. The Government may provide by regulation that any person or group of persons must undergo immunization against a disease identified by a regulation made after consultation with the Bureau of the Ordre des médecins du Québec.

Every person contemplated by a regulation made under the first paragraph must take reasonable steps to be immunized immediately.

1972, c. 42, s. 8; 1973, c. 46, s. 49; 1977, c. 5, s. 229.

9. The Minister shall make available the vaccines necessary for the immunization of the population against the diseases determined by regulation made under section 8.

1972, c. 42, s. 9.

10. The Government may, by regulation made after consulting with the Bureau of the Ordre des médecins du Québec, prescribe that any person having a contagious or venereal disease that it identifies must go for consultation to a physician or an institution operating a local community service centre or a hospital centre to receive treatment.

1972, c. 42, s. 10; 1973, c. 46, s. 49; 1977, c. 5, s. 229; 1992, c. 21, s. 244.

11. A physician or an institution operating a local community service centre or a hospital centre must take the steps necessary to have examined immediately any person who apparently has a disease contemplated in section 10 and assure him the treatment that his condition requires or direct him to an institution able to provide it.

1972, c. 42, s. 11; 1992, c. 21, s. 245, s. 375.

12. If a person fails to undergo the immunization contemplated in section 8, an examination or the treatment contemplated in section 10 or 11, any judge of the Court of Québec or of the municipal courts of the cities of Montréal, Laval or Québec having jurisdiction in the place where such person is may order him to undergo, as the case may be, such immunization, examination or treatment.

Moreover, the judge may, if he believes on reasonable grounds that the person will not undergo immunization, examination or treatment or that it is required for the protection of public health, order that the person be taken to a facility maintained by an institution for immunization, examination or treatment.

Such order may be issued against the parent, tutor, curator or guardian responsible for such failure.

1972, c. 42, s. 12; 1977, c. 20, s. 138; 1986, c. 95, s. 252; 1988, c. 21, s. 120; 1992, c. 21, s. 246, s. 375.

13. The order contemplated in section 12 shall be obtained on a summary motion by any interested person, accompanied by his oath attesting to the truth of the facts alleged in the motion and which he is personally aware of; the other facts alleged in the motion must be attested to in the same manner by the persons who are personally aware of them.

The motion must be served personally.

1972, c. 42, s. 13; 1999, c. 40, s. 227.

14. The judge must examine the person upon whom the motion is served unless such person cannot be found.

1972, c. 42, s. 14.

15. (Repealed).

1972, c. 42, s. 15; 1986, c. 95, s. 253.

16. The order shall be served personally upon the person contemplated; it may be executed by any peace officer.

1972, c. 42, s. 16.

DIVISION III.1 INDEMNITIES FOR VICTIMS OF IMMUNIZATION

1985, c. 23, s. 18.

16.1. In this division, unless the context indicates otherwise,

(a)  “victim” means an immunized person, a person who contracts a disease from an immunized person, the foetus of one of those persons or, in case of death, a person who is entitled to a death benefit;

(b)  “bodily injury” means any serious permanent injury, whether physical or mental, including death.

1985, c. 23, s. 18; 1999, c. 40, s. 227.

16.2. The Minister shall indemnify, without considering the liability of any person, every victim of bodily injury resulting from a voluntary immunization against a disease determined by regulation or from a compulsory immunization determined under section 8.

1985, c. 23, s. 18; 1999, c. 40, s. 227.

16.3. The rules prescribed in the Automobile Insurance Act (chapter A-25) and in the regulations thereunder, adapted as required, apply to the computation of the indemnity provided for in section 16.2

1985, c. 23, s. 18.

16.4. The right to an indemnity, pursuant to this division, is prescribed by three years from the date of immunization and, in the case of a death benefit, from the date of death.

Where the bodily injury becomes apparent gradually, the time limit runs from the day the injury first became apparent.

1985, c. 23, s. 18; 1999, c. 40, s. 227.

16.5. The victim may institute civil proceedings against any person responsible for the bodily injury.

1985, c. 23, s. 18; 1999, c. 40, s. 227.

16.6. The Minister is subrogated of right to the rights and actions of the victim against the person responsible for the bodily injury up to the amount of the indemnity paid by him or of the capital representing the pension he is called upon to pay.

1985, c. 23, s. 18; 1999, c. 40, s. 227.

16.7. Every claimant who believes he is wronged by a decision of the Minister pursuant to sections 16.2 and 16.3 may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec.

1985, c. 23, s. 18; 1997, c. 43, s. 455.

16.8. A proceeding before the Tribunal does not suspend the payment of an indemnity paid as a pension.

1985, c. 23, s. 18; 1997, c. 43, s. 456.

16.9. The amounts necessary to the application of this Act shall be taken out of the consolidated revenue fund.

1985, c. 23, s. 18.

16.10. This division and any regulation made for its application have retroactive effect with respect to any victim whose cause of action arose before 20 June 1985.

Notwithstanding the first paragraph, the indemnity shall be computed from 20 June 1985.

1987, c. 89, s. 1.

16.11. Notwithstanding section 16.4, the right to an indemnity pursuant to this division is prescribed by three years from 18 December 1987 for any victim whose cause of action arose before that date.

1987, c. 89, s. 1.

DIVISION IV EMERGENCY POWERS

17. The Government may, upon a notice by the Minister, declare that the public health is endangered in all or part of Québec because of an epidemic or a real or apprehended danger and order the Minister to take charge of the emergency operations necessary, for a period not to exceed thirty days that it indicates.

1972, c. 42, s. 17.

18. When an order in council is made under section 17, the Minister may:

(a)  order the closing or opening of any institution, educational institution or meeting place;

(b)  prohibit entry into or exit from a territory;

(c)  order the compulsory immunization of certain groups of the population;

(d)  take any other step and order any other thing he considers expedient for the protection of public health or the health of certain groups that he identifies.

1972, c. 42, s. 18; 1992, c. 21, s. 375; 1996, c. 2, s. 782.

19. An order in council made under section 17 shall come into force when made and must be published in the Gazette officielle du Québec immediately.

1972, c. 42, s. 19.

20. As soon as an order in council is made under section 17, every holder of a function, office or employment pertaining to an institution or the Gouvernement du Québec or one of its departments or bodies must obey the requirements of the Minister and give him all the assistance and co-operation that he requires.

1972, c. 42, s. 20; 1977, c. 5, s. 14; 1992, c. 21, s. 375.

21. Every person contemplated by an order given or a prohibition made under section 18 must comply with it immediately.

1972, c. 42, s. 21.

22. The Minister must lay before the National Assembly any order in council made under section 17 not later than the third day during which the Assembly is sitting, after the making of the order.

1972, c. 42, s. 22.

23. As soon as an order in council is so laid, any member may, by a motion without notice, request the revocation of such order; such motion must be studied with urgency and its presentation shall interrupt any debate in progress; if it is adopted, the order in council shall cease to be in force.

1972, c. 42, s. 23.

24. This division shall have effect notwithstanding any inconsistent provision of any general law or special act.

1972, c. 42, s. 24.

DIVISION IV.1 GOVERNMENT PLAN OF ACTION TO PROTECT THE POPULATION FROM THE WEST NILE VIRUS

2001, c. 37, s. 1.

24.1. The Government may, in the event that the health of the population is threatened by insects capable of transmitting the West Nile virus to the population, establish and implement a plan of action to control the insects on the joint proposal of the Minister of Health and Social Services, the Minister of Municipal Affairs and Greater Montréal and the Minister of Agriculture, Fisheries and Food, after consultation with the Minister of the Environment.

The plan of action may provide for the use of chemical pesticides only in the case where the other measures are considered to be insufficient.

2001, c. 37, s. 1.

24.2. The measures provided for in the government plan of action that call for the use of pesticides are exempt from the application of any general or special legislative or regulatory provision, including any provision of a municipal by-law, that prevents or delays the implementation of the measures.

The provisions of the Environment Quality Act (chapter Q-2) and the regulations thereunder nonetheless remain applicable to the measures, subject to the following: when the measures are submitted to the Minister of the Environment under section 22 of that Act, the Minister may authorize the measures even in the absence of a certificate from the clerk or secretary-treasurer of a municipality stating that their implementation does not contravene any municipal by-law.

2001, c. 37, s. 1.

24.3. The Minister of Health and Social Services shall, using any means considered to be the most efficient, give the public in the territory concerned prior notification of the planned application of pesticides and inform the public of the most efficient measures persons may take to protect themselves against the harmful effects of insecticide exposure.

2001, c. 37, s. 1.

24.4. No person may hinder the implementation of the measures provided for in the government plan of action. Every owner, lessee or occupant of a parcel of land is required to give free access to the land at all times so that the measures, in particular the use of pesticides, may be implemented.

2001, c. 37, s. 1.

24.5. The plan of action must be revised annually and made public.

As soon as the plan of action is made public, the competent committee of the National Assembly shall allow any interested person, group or organization to make observations in writing or make submissions concerning the plan, and may hold hearings.

2001, c. 37, s. 1.

24.6. The Minister of Health and Social Services shall table in the National Assembly, within three months of the end of the implementation of the plan of action or, if the Assembly is not in session, within 15 days of resumption, a report on the measures implemented to protect public health from the threat posed by the insects.

2001, c. 37, s. 1.

DIVISION V FLUORINATION OF DRINKING WATER

25. The owner of a filtration plant must analyse the water supplied by the plant to determine its natural fluorine concentration and send a report of such analysis to the Minister within six months of the date when the plant begins operations.

1975, c. 63, s. 2 (part).

26. If the natural fluorine concentration of the drinking water supplied by a filtration plant is below 1.2 parts per million, the owner of the plant must instal a fluorination device in it and have it in operation regularly to obtain a fluorine concentration of 1.2 parts per million in the water supplied by such plant.

1975, c. 63, s. 2.

27. In the case of a plant already in operation on 1 January 1976, the fluorination device must be installed in it not later than 1 January 1977.

In the case of a plant beginning operations after 1 January 1976, the fluorination device must be installed in it within twelve months of the date of the report to the Minister.

1975, c. 63, s. 2.

28. The owner who instals a fluorination device in a filtration plant must notify the Minister of it at least six weeks before the date provided for the installation; the Minister shall delegate a person to examine the device and supervise its installation.

The owner of the plant shall not have the fluorination device in operation before a person delegated by the Minister delivers a certificate attesting to the adequacy of the installation.

1975, c. 63, s. 2.

29. The Minister is authorized to pay to the owner of a filtration plant a subsidy equal to the total of the cost of purchase and installation of a fluorination device.

1975, c. 63, s. 2.

30. The Government may extend the time limits provided for in section 27 for the benefit of any owner of a filtration plant so that the installation of the fluorination devices may be spread out over a reasonable period, having regard to the available resources.

1975, c. 63, s. 2; 1999, c. 40, s. 227.

DIVISION VI PERMITS

31. With the exception of the Institut national de santé publique du Québec, no person may operate a laboratory or an organ and tissue bank unless he is the holder of a permit issued for that purpose by the Minister.

With the exception of the Corporation d’urgences-santé de la région de Montréal Métropolitain, no person may operate an ambulance service unless he is the holder of a permit issued for that purpose by the Minister, by the regional board or by the regional council, as the case may be, and unless he has made a contract with the regional board or regional council, as the case may be, under section 149.27 of the Act respecting health services and social services for Cree Native persons (chapter S-5).

1972, c. 42, s. 25; 1975, c. 63, s. 3; 1977, c. 47, s. 2; 1982, c. 58, s. 65; 1984, c. 47, s. 116; 1988, c. 47, s. 6; 1992, c. 21, s. 247; 1994, c. 23, s. 23; 1998, c. 42, s. 46.

32. No person may practise embalming, cremation or thanatopraxy unless he holds a permit issued for that purpose by the Minister.

An institution may nevertheless practise cremation without holding a permit in cases determined by regulation.

1972, c. 42, s. 26; 1975, c. 63, s. 4; 1992, c. 21, s. 375.

33. No person may act as a funeral director or claim to be able to act as a funeral director unless he holds a permit issued for that purpose by the Minister.

1972, c. 42, s. 27.

34. A person who applies for a permit must send his application to the Minister, the regional board or the regional council, as the case may be. The application must be made in accordance with the conditions and procedures prescribed in the regulations made under section 2 or section 69, as the case may be.

A person applying for a laboratory permit shall also mention in the application the place where the laboratory is to be located.

A person who applies for an ambulance service permit must, in addition, indicate in his application the number of ambulances he will use and the region, part of a region or zones in which he will operate his service.

1972, c. 42, s. 28; 1977, c. 47, s. 3; 1981, c. 22, s. 107; 1984, c. 47, s. 117; 1985, c. 23, s. 19; 1988, c. 47, s. 7; 1992, c. 21, s. 248.

35. A permit indicates the kind of activities its holder is authorized to carry on, and, in the case of an ambulance service permit, the number of ambulances the holder may use and the region, part of a region or zones in which he may operate his service.

Not in force

A laboratory permit indicates the place where the laboratory is located and the activities the permit holder is authorized to carry on in the laboratory. It may, in addition, indicate the type of tests or examinations the permit holder may conduct, or exclude certain tests or examinations. In the case of a medical imaging laboratory, the permit may, in addition, indicate the type of equipment and the number of units the permit holder is authorized to use, or exclude the utilization of certain kinds of equipment.

1972, c. 42, s. 29; 1981, c. 22, s. 108; 1988, c. 47, s. 8; 1990, c. 55, s. 5.

36. Regardless of the number of permits in force or the number of applications for permits, the Minister, the regional board or the regional council, as the case may be, shall issue the permit if the applicant fulfils the conditions and procedures determined by regulation of the Minister or of the regional board or regional council and pays the duties prescribed by regulation.

He shall however issue a first permit to every person operating a laboratory or an ambulance service on 17 April 1974.

Notwithstanding the first paragraph, the Minister may deny any application for a laboratory permit if he is of opinion that the needs of the region where the laboratory is to be located do not justify it.

The Minister, the regional board or the regional council, as the case may be, may likewise deny any application for an ambulance service permit or refuse to authorize the number of ambulances the applicant wishes to use when the maximum number fixed under paragraph c of the second paragraph of section 2 has been reached.

No ambulance service permit may be issued after 17 July 1989 for the territory of the Corporation d’urgences-santé de la région de Montréal Métropolitain.

1972, c. 42, s. 30; 1977, c. 47, s. 4; 1981, c. 22, s. 109; 1984, c. 47, s. 118; 1988, c. 47, s. 9; 1992, c. 21, s. 249.

37. A permit is granted for a period of twelve months ending on the 31st of December each year; it is renewed on that date for a year if its holder fulfils the conditions prescribed for renewal, in accordance with the regulations of the Minister or the regional council, as the case may be.

1972, c. 42, s. 31; 1984, c. 47, s. 119.

38. A permit shall be issued in the name of a natural person, domiciled in Québec for at least 12 months, on his behalf or for a legal person, partnership or an association having its head office in Québec.

1972, c. 42, s. 32; 1975, c. 63, s. 5; 1999, c. 40, s. 227.

39. The person, partnership or association on whose behalf or for whom or which a permit is issued must keep the books and accounts prescribed by the regulations of the Minister, the regional board or the regional council, as the case may be.

1972, c. 42, s. 33; 1975, c. 63, s. 6; 1984, c. 47, s. 120; 1992, c. 21, s. 250; 1999, c. 40, s. 227.

40. A permit shall not be assigned or transferred without the written permission of the Minister or of the regional board or regional council who or which issued it.

1972, c. 42, s. 34; 1975, c. 63, s. 7; 1984, c. 47, s. 121; 1992, c. 21, s. 251.

40.1. Where the holder of an ambulance service permit wishes to discontinue or decrease the operation of an ambulance service, he must notify the Minister and the regional board or regional council of his region, as the case may be, by registered mail at least 90 days before discontinuing or decreasing it.

Not in force

The holder of a permit must notify the Minister of any change rendering the information furnished for the issue or renewal of his permit inaccurate or incomplete.

1981, c. 22, s. 110; 1990, c. 55, s. 8; 1992, c. 21, s. 252.

40.2. No person may exact, for transport by ambulance, any cost or rate other than that fixed under subparagraph b of the second paragraph of section 2.

1981, c. 22, s. 110.

40.3. In no case may the holder of an ambulance service permit follow up a call to take charge of a person in a zone where another ambulance service is subsidized, unless he is requested to do so by such ambulance service.

1981, c. 22, s. 110.

40.3.1. The holder of an ambulance service permit shall not operate his service in a way that might prejudice the safety of the persons transported by him.

1988, c. 47, s. 11.

40.3.2. The Minister may suspend, revoke or refuse to renew the permit of any holder who

(a)  has been convicted of an offence under this Act or the regulations, or has been convicted of an indictable offence in connection with the operation of the service for which he holds a permit;

(b)  no longer fulfills the conditions required to obtain a permit;

(c)  is insolvent or about to become insolvent;

(d)  does not comply with an order given under section 40.3.3;

(e)  does not comply with a voluntary undertaking made pursuant to section 40.3.4.

The Minister shall, before making such a decision, notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.

1988, c. 47, s. 11; 1990, c. 4, s. 695; 1997, c. 43, s. 457.

40.3.3. The Minister may, instead of suspending, revoking or refusing to renew the permit of a holder who contravenes section 40.3.1, order him to make the necessary changes within the period of time he determines.

1988, c. 47, s. 11.

40.3.4. The Minister may, if he has reasonable cause to believe that the holder of a permit is contravening this Act or the regulations, accept his voluntary undertaking to comply therewith.

1988, c. 47, s. 11.

40.4. On the recommendation of the president of the Office de la protection du consommateur, the Minister may suspend, revoke or refuse to renew the funeral director’s permit of any person found guilty

(1)  of an offence against the Act respecting prearranged funeral services and sepultures (chapter A-23.001);

(2)  of an offence under section 278 of the Consumer Protection Act (chapter P-40.1) committed while the person was acting as a seller within the meaning of the Act mentioned in paragraph 1.

The Minister shall, before making such a decision, notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.

1987, c. 65, s. 89; 1988, c. 47, s. 12; 1997, c. 43, s. 458.

41. Any person whose permit is suspended or revoked or whose application for the renewal of his permit is refused may, within 60 days of notification of the decision, contest the decision of the Minister, the regional board or the regional council, as the case may be, before the Administrative Tribunal of Québec.

1972, c. 42, s. 35; 1974, c. 39, s. 56; 1975, c. 63, s. 8; 1977, c. 5, s. 14; 1984, c. 47, s. 122; 1988, c. 47, s. 13; 1992, c. 21, s. 253; 1997, c. 43, s. 459.

DIVISION VII SPECIAL PROVISIONS

42. (Repealed).

1972, c. 42, s. 36; 1977, c. 72, s. 9; 1992, c. 21, s. 375; 1992, c. 57, s. 659.

43. An institution or a physician shall see that care or treatment is provided to every person in danger of death.

1972, c. 42, s. 37; 1977, c. 72, s. 9; 1992, c. 21, s. 375; 1992, c. 57, s. 660.

44. No person may present or allow the presentation, for other than educational or scientific purposes, of a show or exhibition in which the feeblemindedness or mental illness of a human being who personally appears in the show or exhibition is put on display or exploited, or act as organizer of such a show or exhibition.

1975, c. 63, s. 10.

DIVISION VIII CERTIFICATES OF BIRTH, MARRIAGE, DEATH AND ADOPTION AND NOTICES OF DIVORCE AND ANNULMENT OF MARRIAGE

1992, c. 57, s. 661.

45. The physician or, if there is no physician, any person assisting a woman at a confinement shall fill out, for the purposes of this Act, a certificate of birth drawn up in the manner prescribed by regulation.

1972, c. 42, s. 38; 1992, c. 57, s. 662.

46. A person who solemnizes a marriage must fill out a certificate of marriage drawn up in the manner prescribed by regulation.

1972, c. 42, s. 39; 1992, c. 57, s. 663.

47. An institution maintaining a facility in which a person dies must take the steps to have a certificate of death drawn up in respect of the deceased by a physician, for the purposes of this Act.

When a person dies elsewhere than in a facility maintained by an institution the last physician who treated the person must fill out the certificate of death. If such physician is not accessible, the certificate of death may be filled out by any other physician, or a coroner, mayor or clergyman. If no person acting in any of such capacities is available within a radius of 16 km, the certificate of death may be filled out by two persons of full age.

In the case of a death which is the object of an investigation and, where such is the case, an inquest under the Act respecting the determination of the causes and circumstances of death (chapter R-0.2), the certificate of death must be made by the coroner.

When the body of a person who died outside Québec is transported into Québec, the certificate of death must be made by the funeral director transporting the body, unless the case is within the competence of the coroner.

A certificate of death must be filled out in the manner prescribed by regulation.

1972, c. 42, s. 40; 1984, c. 47, s. 213; 1983, c. 41, s. 202; 1985, c. 29, s. 20; 1991, c. 44, s. 11; 1992, c. 21, s. 254, s. 375; 1992, c. 57, s. 664.

48. (Repealed).

1975, c. 63, s. 12; 1992, c. 57, s. 665.

49. A certificate contemplated in sections 45, 46 and 47 shall be sent to the Minister in accordance with the regulations.

1972, c. 42, s. 41; 1999, c. 40, s. 227.

50. The registrar responsible for keeping the register of personal and movable real rights shall forward to the Minister copy of the notices entered in that register pursuant to article 817.2 of the Code of Civil Procedure (chapter C-25).

1972, c. 42, s. 42; 1992, c. 57, s. 666.

51. A funeral director shall transport a deceased person on the handing over of a copy of the certificate of death, which he shall keep in accordance with the regulations.

1972, c. 42, s. 43; 1992, c. 57, s. 667.

52. Nobody other than a funeral director may make arrangements for the transportation into Québec of the body of a person who died outside Québec or for the transportation of a body out of Québec.

A dead body is transported into Québec in accordance with the conditions fixed by regulation and, where required by the Act respecting the determination of the causes and circumstances of death (chapter R-0.2), with the authorization of the coroner.

A dead body is transported out of Québec in accordance with the conditions fixed by regulation and after authorization by a coroner.

1972, c. 42, s. 44; 1983, c. 41, s. 203; 1985, c. 29, s. 21; 1991, c. 44, s. 12.

53. A municipality shall not require a permit for the transport of a deceased person outside its territory.

This provision shall prevail over any inconsistent provision of any other general law or special Act.

1972, c. 42, s. 45; 1996, c. 2, s. 783.

DIVISION IX OF CERTAIN DEAD BODIES

54. The Government may entrust the carrying out of this division to such physicians as it may designate; from such appointment, they have charge of the disposal of unclaimed bodies or bodies offered to science in the region for which they are designated. They may also discharge their duties in any other region for which no physician has been designated.

1977, c. 47, s. 5.

55. One and the same physician may be designated for several regions.

1977, c. 47, s. 5.

56. Physicians may also be designated to substitute for the physicians in charge.

The substituting physicians shall replace the physicians in charge, with the same duties and powers, when the latter request it or are themselves unable to act.

1977, c. 47, s. 5.

57. A body is deemed unclaimed when the spouse or, failing or in the absence of the spouse, the next of kin to the degree of cousin-german, inclusively, declares in writing that he does not intend to claim the body, clearly shows no interest therein for 24 hours or more after being informed of the death, or cannot be found within 24 hours after the filing of the report of a search carried out by a police department.

1977, c. 47, s. 5; 1999, c. 40, s. 227.

58. Every physician in charge shall periodically give instructions to the institutions and police departments in his region on the arrangements they are to make in respect of the unclaimed bodies in the region, namely, that they must offer them to the educational institutions, or that they must cause them to be buried or cremated.

The physician in charge may verbally authorize the delivery of an unclaimed body to a person, other than one of the persons contemplated in section 57, who requests it in writing of the funeral or cremation director and who undertakes in writing with one of them to have the body buried or cremated as soon as possible, at his expense.

1977, c. 47, s. 5; 1984, c. 47, s. 123; 1992, c. 21, s. 375; 1997, c. 77, s. 3.

59. When a body is to be offered to an educational institution, it is the duty of the institution or the police department in charge of the body to communicate with the physician in charge immediately.

Such is the case where instructions to that effect regarding an unclaimed body have been received from the physician in charge, or where the deceased person has left a document which he signed offering his body, after his death, for medical or scientific purposes.

The cost of transporting the body shall be paid by the educational institution to which it is sent.

1977, c. 47, s. 5; 1985, c. 23, s. 20; 1992, c. 21, s. 375; 1997, c. 77, s. 4.

60. Bodies that have not been accepted by an educational institution and unclaimed bodies that, on the instructions of the physician in charge, are to be buried or cremated, must be buried or cremated as soon as possible. The cost of burial or cremation is at the expense of the succession, or, if there is no succession, at the expense of the Gouvernement du Québec so far as the property left by the deceased is insufficient to cover such cost, unless it has already been paid for pursuant to a contract for a pre-arranged funeral.

However, burial or cremation shall in no case be carried out without the authorization of a coroner in accordance with the regulations.

1977, c. 47, s. 5; 1977, c. 5, s. 14; 1984, c. 47, s. 124; 1992, c. 57, s. 668; 1997, c. 77, s. 5.

61. This division does not apply in cases which are subject to a notice to the coroner in accordance with the Act respecting the determination of the causes and circumstances of death (chapter R-0.2).

1977, c. 47, s. 5; 1983, c. 41, s. 204.

62. Every institution or police department that sends a body to an educational institution shall forward a copy of the certificate of death contemplated in section 47 to the physician in charge of the region concerned and another to the Minister.

1977, c. 47, s. 5; 1992, c. 21, s. 375; 1992, c. 57, s. 669; 1997, c. 77, s. 6.

63. Each institution or police department shall send to the physician in charge of that region a report on each body in its keeping that it has disposed of pursuant to this division. The report shall indicate the date and place of death, the name of the local municipality in whose territory the death occurred, the name, age and address of the deceased person, and the name of each educational institution to which the body was offered or transported or, where such is the case, the place where it was buried or cremated.

1977, c. 47, s. 5; 1992, c. 21, s. 375; 1996, c. 2, s. 784; 1997, c. 77, s. 7.

64. The physician in charge of a region shall keep a register of the bodies disposed of under this division. The register shall contain the particulars mentioned in section 63.

On 1 January each year the physician in charge of a region shall send the Minister a detailed report of his activities.

1977, c. 47, s. 5.

DIVISION X INSPECTION

1986, c. 95, s. 254.

65. In the exercise of the duties and powers granted to him by this act, the Minister may, by himself or through a person authorized by him in writing, carry out an inspection to ascertain whether or not this Act and the regulations, including those that may be made by a regional board or regional council in accordance with the delegation provided under section 2 of this Act, are being complied with.

1972, c. 42, s. 46; 1984, c. 47, s. 125; 1986, c. 95, s. 255; 1992, c. 21, s. 255.

66. A person authorized to carry out an inspection under this division may, in the performance of his duties, enter at any reasonable time any place where operations or activities are carried on for which a permit is required under this Act.

He may enter a filtration plant at any reasonable time to verify the functioning and operation of the fluorination device.

1972, c. 42, s. 47; 1975, c. 63, s. 13; 1979, c. 63, s. 298; 1986, c. 95, s. 256.

67. A person authorized to carry out an inspection shall at any reasonable time have access to all the books, registers and records of an institution or person carrying on an activity for which a permit is required under this Act; any institution or person having the custody, possession or control of such books, registers or records must give communication of them to the person authorized to carry out an inspection and facilitate his examination of them.

1972, c. 42, s. 48; 1977, c. 47, s. 6; 1986, c. 95, s. 257; 1987, c. 68, s. 98; 1992, c. 21, s. 375.

68. It is forbidden to hinder a person carrying out an inspection in accordance with this Act, to mislead or attempt to mislead him by concealment or by false or fraudulent declarations, to refuse to declare one’s name and address or to neglect to obey any order which he may give under this Act or the regulations.

1972, c. 42, s. 49; 1975, c. 63, s. 14; 1986, c. 95, s. 258.

68.1. A person exercising the powers provided for in sections 66 and 67 shall, if so requested, identify himself and produce a certificate of his capacity.

1986, c. 95, s. 259.

DIVISION XI REGULATIONS

69. The Government may, to protect the public health from danger, make regulations to:

(a)  determine, after consultation with the Bureau of the Ordre des médecins du Québec, standards regarding the equipment, technical operation and sanitary condition of any laboratory and the qualifications of the staff employed in it, to ensure personal safety;

(a.1)  determine the categories of laboratories contemplated in this Act;

(b)  determine standards regarding the equipment, functioning and inspection of the operations of holders of organ and tissue bank, vacation camp, cremation, embalmer’s or funeral director’s permits, the premises in which such operations are to be conducted and the qualifications of the staff employed;

(c)  determine the conditions which must be fulfilled by any person applying for a permit, except in the case of a laboratory for radioisotope examinations and in that of an ambulance service;

(d)  determine what documents a permit holder must produce, the kind of operations he must conduct, the reports he must make, the records he must keep and the fees he must pay, as well as the procedure for renewal of permits except in the case of a holder of an ambulance service permit;

(e)  establish the content of the declarations and certificates provided for in sections 5, 45, 46 and 47 and the rules relating to the sending and keeping of such declarations and certificates and to the use of the documents relating to such declarations and certificates, and determine to what person the declarations made under section 6 must be addressed and determine the role of the Minister, the head of the community health department, the physician and the head of a laboratory in or outside an institution or a department of medical biology when a disease that must be declared or a venereal disease has been declared;

(f)  fix the terms and conditions of keeping up to date the data gathered under section 2;

(g)  establish, after consultation with the Bureau of the Ordre des médecins du Québec, what diseases must be declared within the meaning of section 4, what diseases entail compulsory immunization within the meaning of section 8, what diseases entail compulsory treatment within the meaning of section 10 and the diseases contemplated in section 16.2;

(g.1)  determine the conditions a person claiming an indemnity provided for in Division III.1 shall observe;

(h)  determine the terms and conditions of issue of special authorizations for the transporting of deceased persons under section 52;

(i)  fix, after consultation with the Bureau of the Ordre des médecins du Québec the standards of operation and control or ray emitting devices used in facilities maintained by institutions or in any place where operations are performed or activities are carried on for which a permit is required under this Act;

(j)  determine certain premises, forest camps and temporary installations where basic health care services must be provided if such services are not provided by an institution or are not accessible;

(k)  ensure the disinfection of premises where persons or animals having diseases transmissible to man have stayed and prohibit the sale of the classes or species of pets it may indicate or subject such sale to the conditions and controls regarding health it may fix;

(l)  determine the conditions of preparation, embalming, cremation or incineration of deceased persons, the persons who may carry on such operations and the places where they may be carried on;

(m)  entrust the Minister with the task of protecting public health in the case of danger of the spread of a contagious disease or an invasion of noxious insects or bugs;

(n)  establish standards to assure the high quality of medicines and determine the nature and safety of containers and the inscriptions that must appear on them;

(o)  (subparagraph repealed);

(p)  (subparagraph repealed);

(q)  (subparagraph repealed);

(r)  (subparagraph repealed);

(s)  delimit the regions within which the physicians in charge designated in accordance with section 54 may discharge their duties;

(s.1)  (subparagraph repealed);

(t)  prescribe any measure useful for the carrying out of this Act.

The Government shall publish a draft regulation in the Gazette officielle du Québec with a notice indicating that it may be adopted, with or without amendment, on the expiry of 60 days from that publication.

1972, c. 42, s. 50; 1973, c. 46, s. 49; 1975, c. 63, s. 15; 1977, c. 5, s. 229; 1977, c. 47, s. 7; 1979, c. 63, s. 299; 1981, c. 22, s. 111; 1984, c. 27, s. 82; 1984, c. 47, s. 126; 1985, c. 23, s. 21; 1992, c. 21, s. 256, s. 375; 1992, c. 57, s. 670.

70. Every regulation made by the Government under this Act shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1972, c. 42, s. 51.

DIVISION XII PENAL PROVISIONS

1992, c. 61, s. 469.

71. Whoever contravenes any of the provisions of this Act or the regulations made by the Government, the Minister, the regional board or the regional council, as the case may be, or refuses to comply with an order given under such Act or regulations is guilty of an offence and is liable, for each day that the offence continues, to a fine of not more than $1 400 in the case of a natural person and to a fine of not more than $7 000 in the case of a legal person.

1972, c. 42, s. 52; 1984, c. 47, s. 127; 1986, c. 58, s. 86; 1990, c. 4, s. 696; 1991, c. 33, s. 108; 1992, c. 21, s. 257; 1999, c. 40, s. 227.

72. If the owner of a filtration plant refuses or neglects to analyse the drinking water supplied by his plant or to send a report to the Minister, or refuses or neglects to instal a fluorination device or to operate it in accordance with this Act, the Minister may himself cause the analysis, installation or operation to be carried out at the cost of the owner.

Any debt due by the owner of a filtration plant under this section may be recovered as a debt due to the State.

1975, c. 63, s. 16; 1999, c. 40, s. 227.

73. Where a legal person is guilty of an offence against this Act, any member, director, employee or agent of such legal person who prescribed or authorized the commission of the offence or who consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the same penalty as that provided for the legal person, whether or not is has been prosecuted or found guilty.

1972, c. 42, s. 53; 1999, c. 40, s. 227.

DIVISION XIII

This Division ceased to have effect on 17 April 1987.

74. (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 42 of the statutes of 1972, in force on 31 December 1977, is repealed, except sections 24a, 24b (part), 24g, 55 and 63 to 68, effective from the coming into force of chapter P-35 of the Revised Statutes.