s-4.2, r. 4 - Regulation respecting the Provincial Committee on the dispensing of health and social services in the English language

À jour au 26 avril 2018

Ce document a valeur officielle.

chapter S-4.2, r. 4

Regulation respecting the Provincial Committee on the dispensing of health and social services in the English language

Act respecting health services and social services

(chapter S-4.2, s. 509).

DIVISION I COMPOSITION AND OPERATION

1. Pursuant to section 509 of the Act respecting health services and social services (chapter S-4.2), the Provincial Committee on the dispensing of health and social services in the English language is hereby formed.

The Committee shall be composed of 11 members appointed by the Minister of Health and Social Services to represent all of the English-speaking population, as follows:

(1)  4 members residing within the Montréal or Laval health region, including at least 3 who reside in the territory of the Montréal health region;

(2)  1 member residing within the Montérégie health region;

(3)  1 member residing within the Estrie health region;

(4)  1 member residing within the Outaouais health region;

(5)  4 member residing within the other health regions of Québec.

At least 1 of the members and no more than 2 among them must be physicians who practise or have practised their profession in a centre operated by a public health and social services institution, or be professionals or middle management officers who are or have been employed by such an institution.

O.C. 683-93, s. 1; O.C. 454-2018, s. 1.

1.1. No person may be a member of the Committee who

(1)  is not resident in Québec;

(2)  is a minor;

(3)  is under tutorship or curatorship;

(4)  within the preceding 3 years, forfeited his office or was removed from his duties as a member of the board of directors of a health and social services institution;

(5)  within the preceding 3 years, was convicted of an offence against the Act respecting health services and social services (chapter S-4.2) or a regulation under the Act;

(6)  holds a position as president and executive director, assistant president and executive director, senior administrator or senior management officer of a health and social services institution;

(7)  is a member of the board of directors of a health and social services institution;

(8)  is a member of the board of directors of the Régie de l’assurance maladie du Québec;

(9)  is a member of the board of directors of a foundation of a health and social services institution;

(10)  is employed by the Ministère de la Santé et des Services sociaux or the Régie de l’assurance maladie du Québec;

(11)  is a member of a regional committee for programs of access to health services and social services in the English language formed pursuant to section 510 of the Act respecting health services and social services.

O.C. 454-2018, s. 1.

2. In order to appoint the members of the Committee, a selection committee tasked with making recommendations to the Minister of candidacies for each position to be filled is established. The committee is established by the organizations of Québec Community Groups Network and Community Health and Social Services Network and composed of an equal number of representatives from each organization.

The selection committee determines the rules of internal management.

A member of the selection committee must, once appointed, complete a confidentiality agreement provided by the Minister and send it to the Minister as soon as possible.

O.C. 683-93, s. 2; O.C. 454-2018, s. 2.

2.1. To carry out its mandate, the selection committee must issue a general call for candidacies. The call for candidacies must provide for a minimum 30-day period to allow interested persons to apply. The selection committee must inform the Minister of the terms related to the call for candidacies.

The Minister makes available to the selection committee the financial resources considered necessary and reasonable for carrying out the call for candidacies. No amount may be paid to the members of the selection committee, in particular as remuneration or reimbursement of expenses.

The Minister may, on the selection committee’s written and justified request, authorize the extension of the nomination period.

If the selection committee fails to issue a call for candidacies within a period deemed reasonable, the Minister shall act in its stead.

O.C. 454-2018, s. 2.

2.2. During the period that follows by 21 days the date of the end of the nomination period, the selection committee evaluates the correspondence of the candidacies received with the profiles identified in the second and third paragraphs of section 1. It also evaluates the demonstrated comprehension, knowledge and experience of the candidates regarding the cultural, historic and linguistic issues of the English-speaking community of Québec as well as the issues faced by that community concerning the provision of health services and social services, the organization of the health and social services network and its governance.

O.C. 454-2018, s. 2.

2.3. The selection committee must, within 60 days following the date of the end of the nomination period, recommend to the Minister 2 candidates for each position to be filled within the Committee.

The selection committee may not recommend the candidacy of any of its members.

The selection committee must also send to the Minister, with its recommendations, the complete list of candidacies received and a report detailing the reasons justifying the recommendation of each submitted candidacy.

O.C. 454-2018, s. 2.

2.4. The Minister chooses the members of the Committee among the persons recommended by the selection committee.

Where it is impossible for the Minister to obtain from the selection committee recommendations that comply with those provided for in section 2.3, the Minister may appoint members of his or her own choosing.

O.C. 454-2018, s. 2.

3. The term of office of the chairman and the other members of the Committee is a maximum of 3 years.

Upon the expiry of his term of office, a member shall remain in office until he is reappointed or replaced.

A member may not serve more than 2 consecutive terms.

O.C. 683-93, s. 3; O.C. 454-2018, s. 3 and 14.

4. A member’s office becomes vacant if the member dies, is absent without valid reason from more than 3 consecutive regular meetings of the Committee or submits his resignation in writing to the Minister and a copy of it to the chairman of the Committee.

O.C. 683-93, s. 4; O.C. 454-2018, s. 4.

5. The members of the Committee are not remunerated. They are entitled to the reimbursement of expenses incurred in the performance of their duties on the conditions and to the extent determined by the Government in accordance with section 165 of the Act respecting health services and social services (chapter S-4.2).

O.C. 683-93, s. 5; O.C. 454-2018, s. 14.

6. The members of the Committee shall appoint a chairman and a vice-chairman from among their number.

The Minister designates, to act as secretary of the Committee, a member of the staff of the Ministère de la Santé et des Services sociaux who is informed of the concerns of the English-speaking community of Québec concerning access to health services and social services in English, who is sensitive to those concerns and who has a special knowledge of the legal and administrative framework governing the provision of health services and social services in the English language.

The secretary shall participate in the meetings of the Committee but the secretary shall have no right to vote.

O.C. 683-93, s. 6; O.C. 454-2018, s. 5 and 14.

7. Any vacancy occurring before the expiry of a term of office must be filled by the Minister within the following 180 days, for the unexpired portion of the term.

In such a case, the appointment must comply with the rules provided for in the second and third paragraphs of section 1, but the process provided for in sections 2 to 2.4 does not apply.

The member is chosen by the Minister among the 2 candidates recommended by the Committee within 60 days of the vacancy.

O.C. 683-93, s. 7; O.C. 454-2018, s. 6.

8. The chairman shall preside over the meetings of the Committee and manage the activities thereof. The chairman shall also act as the liaison between the Committee and the Minister.

The vice-chairman shall stand in for the chairman when the chairman is absent or unable to act.

O.C. 683-93, s. 8; O.C. 454-2018, s. 14.

9. The head office of the Committee shall be situated in the territory of Ville de Montréal.

O.C. 683-93, s. 9; O.C. 454-2018, s. 14.

10. In support to the chairman of the Committee, the secretary performs the following duties:

(1)  give the notices of meetings;

(2)  prepare and sign the minutes of the Committee meetings and, after their adoption, ensure that they are signed by the chairman;

(3)  ensure the keeping and conservation of the Committee archives;

(4)  keep a complete, updated list of the members of the Committee and their addresses;

(5)  certify the minutes and the documents of the Committee;

(6)  perform any other duty that may be assigned to him by the Committee, relative to the Committee’s mandate.

O.C. 683-93, s. 10; O.C. 454-2018, s. 7 and 14.

DIVISION II INTERNAL MANAGEMENT

11. The Committee shall hold its meetings at its head office or at any other location in Québec determined in the notice of meeting.

O.C. 683-93, s. 11; O.C. 454-2018, s. 14.

12. The Committee must hold at least 5 meetings a year.

The meetings may be held using means which allow all of the participants to communicate directly with each other, but at least 3 of them must physically reunite at least 8 members.

O.C. 683-93, s. 12; O.C. 454-2018, s. 8.

13. Meetings of the Committee are called by the secretary at the request of the chairman. However, the Minister may, if the Minister deems it expedient, require the secretary to call a special meeting of the Committee.

The secretary is required to call a meeting of the Committee at the written request of not fewer than 5 members.

The Committee sets the time periods of the prior notices to call meetings.

O.C. 683-93, s. 13; O.C. 454-2018, s. 9.

14. The meetings of the Committee shall be convened by means of a notice transmitted to each member.

In an emergency, the Committee may proceed without the formal calling of a meeting if the chairman so decides.

O.C. 683-93, s. 14; O.C. 454-2018, s. 10.

15. A majority of the members, including the chairman or vice-chairman, constitute a quorum of the Committee.

O.C. 683-93, s. 15; O.C. 454-2018, s. 11 and 14.

16. The decisions of the Committee are made by a majority of the members present. In the case of a tie, the chairman of the Committee or in his absence the vice-chairman has a casting vote.

O.C. 683-93, s. 16; O.C. 454-2018, s. 14.

17. Any meeting of the Committee may be adjourned to a future date without a new notice of meeting.

O.C. 683-93, s. 17; O.C. 454-2018, s. 14.

DIVISION III DUTIES, FUNCTIONS AND POWERS

18. To carry out the mandate entrusted to it by section 509 of the Act respecting health services and social services (chapter S-4.2), the Committee may

(1)  submit observations or give its opinion on any administrative document produced by the Minister to guide institutions in the preparation of programs of access to health services and social services in the English language to English speakers;

(2)  give its opinion on the approval, assessment and modification by the Government of each program of access;

(3)  monitor the application of the programs of access in the various regions of Québec;

(4)  give its opinion on any proposed legislative amendment likely to affect the provision of health services and social services in the English language and on any other matter affecting the provision of services;

(5)  favour the preparation and circulation of the documents and programs to inform on the provision of health services and social services in the English language.

Furthermore, for the purpose of performing its functions, the Committee maintains relations with the English-speaking communities of Québec. The Committee also holds consultations as required, solicits opinions and receives and hears requests and suggestions by persons, organizations or associations. It may also create subcommittees.

O.C. 683-93, s. 18; O.C. 454-2018, s. 12.

18.1. The Committee shall submit to the Minister, not later than 1 March of each year, a work plan for the following year, accompanied by a proposed operating budget.

O.C. 454-2018, s. 13.

19. The Committee shall, not later than 30 June of each year, prepare a report of its activites for the Minister for the year ending the previous 31 March.

O.C. 683-93, s. 19; O.C. 454-2018, s. 14.

20. (Obsolete).

O.C. 683-93, s. 20.

21. (Omitted).

O.C. 683-93, s. 21.

TRANSITIONAL

2018

(O.C. 454-2018) SECTION 15 . The term of office of the members of the Provincial Committee on the dispensing of health and social services in the English language shall end on 26 April 2018.

SECTION 16. Despite the first paragraph of section 3 of the Regulation respecting the Provincial Committee on the dispensing of health and social services in the English language (chapter S-4.2, r. 4), for the first appointment of the members of the Committee following the coming into force of this Regulation, the Minister may appoint 2 members among those referred to in subparagraph 1 of the second paragraph of section 1 and 3 members among those referred to in subparagraphs 2 to 5 of the second paragraph of that section for a term of 4 years.

REFERENCES

O.C. 683-93, 1993 G.O. 2, 2787

O.C. 454-2018, 2018 G.O. 2, 1625