m-19.2 - Act respecting the Ministère de la Santé et des Services sociaux

À jour au 1^er juillet 2011

Ce document a valeur officielle.

chapter M-19.2

Act respecting the Ministère de la Santé et des Services sociaux

This Act was formerly entitled “An Act respecting the Ministère des Affaires sociales”. The title was replaced by section 11 of chapter 23 of the statutes of 1985.

1985, c. 23, s. 11.

1. The Minister of Health and Social Services, in this Act called “the Minister”, shall have charge of the direction and administration of the Ministère de la Santé et des Services sociaux.

He shall also have charge of the application of the Acts and regulations respecting health and social services.

1970, c. 42, s. 1; 1977, c. 5, s. 14; 1985, c. 23, s. 12; 1985, c. 23, s. 24.

The Minister responsible for Social Services exercises the functions and responsibilities of the Minister of Health and Social Services in respect of child and youth protection, in particular those prescribed by section 5.1.1 provided for in this Act. Order in Council 1652-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6520.

2. The functions of the Minister shall be to prepare and propose to the Government policies respecting health and social services.

The Minister must see to the implementation of such policies and supervise the application and co-ordinate the carrying out thereof.

1970, c. 42, s. 2; 1977, c. 5, s. 14; 1981, c. 9, s. 9; 1985, c. 23, s. 13.

3. The Minister shall in particular:

(a)  assure the social protection of individuals, and families and other groups;

(b)  take the necessary steps to assure the protection of public health;

(c)  see to improving the state of health of individuals, and the standard of health of the population;

(d)  promote study and scientific research in the field of health and social services;

(e)  participate in the preparation and implementation of programs to clean up the physical environment of the population for whom such programs are intended;

(f)  promote the participation of individuals and groups in devising means to meet their needs in the field of health and social services;

(g)  consult individuals and groups on the establishment of policy in the Ministère de la Santé et des Services sociaux;

(h)  promote the development and implementation of programs and services according to the needs of individuals, and families and other groups;

(i)  establish standards for services, equipment, finance and personnel in the use of government grants in the field of health and social services, and supervise the use of such grants;

(j)  secure the setting up and maintenance of establishments in the field of health and social services, either by himself or by another;

(k)  determine the possibilities for the adoption of children domiciled outside Québec, taking into account the objectives defined by the Minister of Immigration and Cultural Communities under the Act respecting the Ministère de l’Immigration et des Communautés culturelles (chapter M-16.1) and the Act respecting immigration to Québec (chapter I-0.2);

(l)  obtain from the Government departments and any public or private body any available information for the purposes of implementing departmental policy;

(m)  take the necessary steps to reduce tobacco dependence in the population.

1970, c. 42, s. 3; 1977, c. 5, s. 14; 1982, c. 17, s. 59; 1985, c. 23, s. 14; 1985, c. 23, s. 24; 1994, c. 15, s. 31; 1996, c. 21, s. 53; 1998, c. 33, s. 67; 2005, c. 24, s. 44.

4. The Government shall appoint a Deputy Minister of Health and Social Services, hereinafter called “the Deputy Minister”.

Under the direction of the Minister, the Deputy Minister shall supervise the officers and employees of the department; he shall administer its day to day business and exercise the other powers assigned to him by the Government.

1970, c. 42, s. 4; 1985, c. 23, s. 24.

5. The orders of the Deputy Minister shall be carried out in the same manner as those of the Minister; his authority shall be that of the incumbent minister of the department and his official signature shall give force and effect to any document within the jurisdiction of the department.

1970, c. 42, s. 5; 1978, c. 15, s. 140.

5.1. The Government shall appoint the national public health director who shall hold a position of assistant deputy minister, to advise and assist the Minister and the Deputy Minister in the exercise of their responsibilities in public health.

The national public health director must be a physician who holds a specialist’s certificate in community health.

The Minister may delegate to the national public health director functions or powers granted to the Minister under the Public Health Act (chapter S-2.2).

2001, c. 24, s. 108; 2001, c. 60, s. 148; 2002, c. 38, s. 9.

6. The other officers and employees necessary for the proper administration of the department shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1970, c. 42, s. 6; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

7. The respective duties of the officers and employees of the department not expressly defined by law or by the Government shall be determined by the Minister.

1970, c. 42, s. 7.

8. No deed, document or writing shall bind the department or be attributed to the Minister unless it is signed by him, the Deputy Minister or an officer and only, in the case of the latter, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

The Government may, however, upon such conditions as it fixes, allow the required signature to be affixed by means of an automatic device to such documents as it determines.

The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on such documents as it determines; in such case, the facsimile shall have the same validity as the signature itself if the document is countersigned by a person authorized by the Minister.

1970, c. 42, s. 8.

9. Any copy of a document forming part of the records of the department, certified as true by the Minister, the Deputy Minister or an Assistant Deputy Minister, shall be authentic and have the same force as the original.

1970, c. 42, s. 9.

9.1. (Repealed).

1978, c. 72, s. 53; 1983, c. 38, s. 69.

9.2. The Government may authorize the Minister to delegate to an organization, by agreement, the exercise of functions assigned to the Minister by this Act or by another Act under the Minister’s administration.

1997, c. 94, s. 1.

10. The Minister may, according to law, enter into agreements with any government, one of its departments, with an international organization or with an agency of that government or organization for the purposes of

(1)  the application of this Act or another Act within the competence of the Minister;

(2)  enabling, on a basis of reciprocity, a person to benefit, from the time specified in those agreements and on the conditions determined therein, from all or part of the health services and social services provided for in the Acts administered by the Minister or in the laws of a foreign State to which the agreements apply.

The agreements may set out the terms and conditions applicable to the repayment of the costs of the health services and social services.

To give effect to such agreements, the Government may, by regulation, determine the manner in which an Act administered by the Minister is to apply in any case covered by the agreements, and adapt the provisions of such an Act.

1970, c. 42, s. 10; 1974, c. 40, s. 23; 1980, c. 11, s. 65; 1985, c. 30, s. 146; 1988, c. 71, s. 1; 2002, c. 8, s. 10.

10.1. Notwithstanding any Act or regulation, the Minister may allow a person who is not a resident of Québec, within the meaning of an Act with the application of which he is entrusted, to benefit upon conditions determined by him from health services and social services under this Act.

1980, c. 11, s. 65; 1988, c. 71, s. 2.

10.2. The Minister may, by way of a ministerial order published in the Gazette officielle du Québec, designate the institutions, among those referred to in sections 6 and 9 of the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001), that may receive persons detained under a penal law.

1997, c. 75, s. 45.

10.3. The Minister may entrust a health and social services institution or another organization of the health and social services system with the responsibility of administering the Centre anti-poison, whose main function is to provide expert assistance in the area of intoxication. The Minister may issue guidelines or objectives to be pursued by the Centre anti-poison and, if necessary, provide directly for its financing.

If the Minister subsequently designates another institution or another organization, the parties concerned must effect a transfer of activities, on the conditions approved beforehand by the Minister.

2002, c. 42, s. 2.

11. The Government may establish councils or committees, subject to the functions assigned to any council or committee established by another Act, entrusted with advising the Minister in matters of health services or social services and with exercising, under his authority, any other functions the Government may entrust them with in the execution of the Acts for the application of which the Minister may be responsible; the Government may appoint the members of such bodies, fix their attendance allowances and fees and their terms of office.

1974, c. 40, s. 24; 1981, c. 22, s. 34.

11.1. The Government may authorize the Minister to delegate to the Québec Research Fund–Health, established by the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01), the powers granted to it in Division XII of the Health Insurance Act (chapter A-29) for the awarding of research scholarships.

1981, c. 22, s. 34; 1983, c. 23, s. 110; 1999, c. 8, s. 29; 2003, c. 29, s. 140; 2006, c. 8, s. 31; 2011, c. 16, s. 244.

11.2. The Fund to Finance Health and Social Services Institutions is established.

The purpose of the Fund is to finance the public institutions and private institutions under agreement to which the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) applies.

More particularly, the Fund is dedicated to financing

(1)  the institutions on the basis of the volume of services provided and subject to the achievement of performance objectives set by the Minister;

(2)  the deployment of family medicine groups throughout Québec, the improvement of home care support services, training and development for specialized nurse practitioners and other measures to reinforce primary care services;

(3)  new initiatives to improve the performance of the health and social services system; and

(4)  any other initiatives that contribute to maintaining the accessibility and quality of health and social services.

2010, c. 20, s. 30.

11.3. The Fund is made up of

(1)  the sums paid by the Minister of Finance, at the intervals that Minister determines, that are taken out of the Consolidated Revenue Fund and that correspond to those collected by the Minister of Revenue as a health contribution under section 37.17 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5);

(2)  the money paid into it by the Minister of Finance under section 11.4;

(3)  the money paid into it by the Minister out of the appropriations granted for that purpose by Parliament;

(4)  the gifts and legacies expressly intended for the Fund, and other contributions paid into the Fund to further the achievement of its objects; and

(5)  the interest earned on bank balances in proportion to the amounts referred to in paragraphs 1 and 4.

2010, c. 20, s. 30; 2011, c. 18, s. 195, s. 326.

11.4. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the Fund, on a short-term basis, money taken out of the consolidated revenue fund.

Conversely, the Minister of Finance may advance to the consolidated revenue fund, on a short-term basis and on the conditions determined by that Minister, any of the money paid into the Fund that is not required for its operation.

Any money advanced to a fund is repayable out of that fund.

2010, c. 20, s. 30.

11.5. The money taken out of the Fund is paid to the institutions in accordance with the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5), as applicable, for the purposes set out in section 11.2.

2010, c. 20, s. 30.

11.6. The Minister shall prepare the budget estimates for the Fund for the beginning of the fiscal year. After consulting with the Minister of Finance, the Minister shall submit the budget estimates to the Conseil du trésor for approval.

2010, c. 20, s. 30.

11.7. The management of the money making up the Fund is entrusted to the Minister of Finance. The money is paid to the order of the Minister of Finance and deposited with the financial institutions that Minister designates.

The Minister of Health and Social Services shall keep the books of account of the Fund and record the financial commitments chargeable to it. The Minister shall also ensure that the commitments and the payments arising from them do not exceed the available balances and are consistent with them.

The Minister of Finance shall determine the particulars of the management of the Fund. The particulars are submitted to the Conseil du trésor for approval.

2010, c. 20, s. 30.

11.8. Sections 20, 21, 26 to 28, Chapters IV and VI and sections 89 and 90 of the Financial Administration Act (chapter A-6.001) apply to the Fund, with the necessary modifications.

2010, c. 20, s. 30.

11.9. The fiscal year of the Fund ends on 31 March.

2010, c. 20, s. 30.

11.10. Despite any contrary provision, the Minister of Finance must, in the event of a deficiency in the consolidated revenue fund, pay out of the Fund to Finance Health and Social Services Institutions the money required for the enforcement of a judgment against the State that has become res judicata.

2010, c. 20, s. 30.

12. The Minister shall, within the six months following the end of each fiscal year, lay before the National Assembly a report on the activities of his department for such year.

1970, c. 42, s. 11.

12.1. The Minister shall prepare the health accounts for each fiscal year.

The Minister shall table the health accounts in the National Assembly on or before 31 December following the end of the fiscal year or, if the Assembly is not sitting, within 15 days of resumption.

2010, c. 20, s. 31.

12.2. The health accounts must contain the information necessary to explain the performance and the financial position of the health and social services system. The health accounts must contain, among other things,

(1)  a statement of revenue and expenditure of the system; and

(2)  information on the size and composition of the health care workforce and indicators relating to the volume and nature of the care provided.

2010, c. 20, s. 31.

13. (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 and regulations (chapter R-3), chapter M-23 of the Revised Statutes, in force on 1 September 1985, is repealed effective from the coming into force of chapter M-19.2 of the Revised Statutes.