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 1^er novembre 2022

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)  2 members residing within the Montréal health region;

(1.1)  1 member residing within the Laval 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)  5 members residing within the other health regions of Québec.

At least 1 of the 11 members must be a physician who has practised the profession in a centre operated by a public health and social services institution, or be a professional or middle management officer who is or has been employed by such an institution. One of the 11 members must be from an Indigenous community in Québec.

The Committee has a 12th member, who is the secretary, without the right to vote; the member is appointed by the Minister.

O.C. 683-93, s. 1; O.C. 454-2018, s. 1; O.C. 1533-2021, s. 1.

1.0.1. The Committee includes an observer appointed by the Minister from each of the following categories of persons:

(1)  the persons assigned to the activities of the Ministère du Conseil exécutif relating to Indigenous affairs;

(2)  the persons, if any, assigned to the activities of the Ministère du Conseil exécutif relating to relations with English-speaking Quebecers.

Each observer takes part in the meetings of the Committee, but without the right to vote.

O.C. 1533-2021, s. 2.

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;

(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 or was removed from the Committee;

(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; O.C. 1533-2021, s. 3.

2. When it is advisable to draw up a list of persons declared qualified to be appointed as members of the Committee, the Minister publishes an invitation for applications on the website of the Ministère de la Santé et des Services sociaux and in the following French-language and English-language print media:

(1)  a media distributed throughout the territory of Québec;

(2)  a local media, if any, distributed in the territory of the health regions where persons likely to be interested reside.

The invitation for applications invites interested persons to submit their names in the manner indicated.

O.C. 683-93, s. 2; O.C. 454-2018, s. 2; O.C. 1533-2021, s. 4.

2.1. Following the publication of the invitation for applications, the Minister forms a selection committee with the following members:

(1)  the secretary of the Committee;

(2)  a former member of the Committee or a current or former member of a regional committee formed pursuant to section 510 of the Act respecting health services and social services (chapter S-4.2);

(3)  an employee or member of the board of directors of a provincial organization defending the interests of English-speaking persons in the field of health.

O.C. 454-2018, s. 2; O.C. 1533-2021, s. 4.

2.2. A member of the selection committee may not, unless duly authorized, disclose or communicate to any person confidential information obtained in or in connection with the carrying out of the member’s duties. The member may not use any information so obtained for the member’s own benefit or for the benefit of a third person.

O.C. 454-2018, s. 2; O.C. 1533-2021, s. 4.

2.3. The selection committee proceeds with diligence to evaluate the candidates on the basis of their knowledge, in particular of health services and social services, their experience and their abilities, taking into account section 1.

The committee 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.

The committee favours candidates who have worked with English-speaking persons.

O.C. 454-2018, s. 2; O.C. 1533-2021, s. 4.

2.3.1. After having evaluated the candidates, the selection committee files a report with the Minister, establishing a list of the candidates it considers qualified for membership of the Committee.

All information and documents concerning the candidates and the work of the committee are confidential.

O.C. 1533-2021, s. 4.

2.4. The Minister chooses the members of the Committee among the candidates named in the list established by the selection committee.

Subject to sections 1 and 1.1, the Minister may appoint members of the Minister’s own choosing if

(1)  the selection committee has not filed with the Minister the report provided for in section 2.3.1 within the time the Minister indicates; or

(2)  the list established by the selection committee names fewer than 2 candidates for each position to be filled.

O.C. 454-2018, s. 2; O.C. 1533-2021, s. 5.

3. The term of office of the 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, ss. 3 and 14; O.C. 1533-2021, s. 6.

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, is removed 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; O.C. 1533-2021, s. 7.

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 by a secret ballot; their term of office is 1 year and may be renewed.

The person designated by the Minister to act as secretary of the Committee must, despite paragraph 10 of section 1.1, be 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.

O.C. 683-93, s. 6; O.C. 454-2018, ss. 5 and 14; O.C. 1533-2021, s. 8.

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.

Subject to sections 1 and 1.1, the Minister may appoint a person the Minister chooses to fill the vacancy.

O.C. 683-93, s. 7; O.C. 454-2018, s. 6; O.C. 1533-2021, s. 9.

8. The chairman shall preside over the meetings of the Committee and manage the activities thereof. The chairman is also accountable for his management to 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; O.C. 1533-2021, s. 10.

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. 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;

(5.1)  take charge of the communications of the Committee;

(5.2)  ensure that the ballot referred to in the first paragraph of section 6 is held;

(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, ss. 7 and 14; O.C. 1533-2021, s. 11.

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.

O.C. 683-93, s. 12; O.C. 454-2018, s. 8; O.C. 1533-2021, s. 12.

13. Meetings of the Committee are called by the secretary at the request of the chairman.

The secretary is required to call a meeting of the Committee at the written request of not fewer than 7 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; O.C. 1533-2021, s. 13.

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 giving its opinion in accordance with section 509 of that Act, 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; O.C. 1533-2021, s. 14.

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.

18.2. The Minister establishes the Committee’s communications policy.

O.C. 1533-2021, s. 15.

18.3. Each member of the Committee is subject to the Code of Ethics and Professional Conduct set out in the Schedule I.

O.C. 1533-2021, s. 15.

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.

SCHEDULE I

(s. 18.3)

CODE OF ETHICS AND PROFESSIONAL CONDUCT OF THE MEMBERS OF THE PROVINCIAL COMMITTEE ON THE DISPENSING OF HEALTH AND SOCIAL SERVICES IN THE ENGLISH LANGUAGE

CHAPTER I PURPOSE

1. The purpose of this Code of Ethics and Professional Conduct is to preserve and enhance the confidence of the public in the integrity and impartiality of the public administration, to promote openness within the Provincial Committee on the dispensing of health and social services in the English language, and to render its members accountable.

CHAPTER II ETHICAL PRINCIPLES AND GENERAL RULES OF PROFESSIONAL CONDUCT

2. Members of the Committee must make their contribution to the fulfillment of its mandate in compliance with the law and with honesty, loyalty, prudence, diligence, efficiency, application and fairness, in the same way as any person participating in the accomplishment of the State’s mission.

3. Members of the Committee must respect and recognize the values and contributions of the other members, respect differences, and remain open to the opinions of others.

4. Members of the Committee are bound to discretion in regard to anything that comes to their knowledge in or in connection with the performance of their duties and are at all times bound to maintain the confidentiality of information thus received.

That obligation does not have the effect of preventing members of the Committee from consulting or reporting to a specific interest group, except where the information is confidential by law or where the secretary of the Committee imposes confidentiality.

5. Members of the Committee must, in performing their duties, make decisions regardless of any partisan political considerations and of all pressure groups.

They must demonstrate reserve in the public expression of their political opinions.

6. Members of the Committee must avoid placing themselves in a situation of conflict between their personal interest, the interest of a related person, and the duties of their office.

They must disclose to the secretary of the Committee, in writing, any direct or indirect interest that they have in an organization, enterprise or association likely to place them in a situation of conflict of interest, as well as any rights that they may assert against the Committee, and must indicate, where applicable, their nature and value.

7. Members of the Committee must refrain from participating in any deliberation or decision concerning an organization, enterprise or association in which they have an interest referred to in section 6. They must also withdraw from the meeting for the time required to deliberate and vote on the matter.

8. The secretary of the Committee must ensure that the minutes of the Committee’s meetings record any abstention by a member on a decision pertaining to an organization, enterprise or association in which the member has an interest, to ensure greater transparency.

9. The chairman of the Committee, if in a potential or apparent conflict of interest, must be replaced by the secretary of the Committee for the purpose of chairing the meeting during the deliberation and vote.

10. Members of the Committee must not treat the property of the Committee as if it were their own property and may not use it for their own benefit or for the benefit of a third person.

Members of the Committee may not use, for their own benefit or for the benefit of a third person, any information obtained in or in connection with the performance of their duties.

11. Members of the Committee may not accept any gift, hospitality or other advantage, except what is customary and is of modest value.

Any other gift, hospitality or advantage received must be returned to the giver or remitted to the State.

In all cases, members of the Committee must ensure that a gift, hospitality or advantage does not impede their objectivity or influence their judgment.

12. Members of the Committee may not, directly or indirectly, grant, solicit or accept a favour or an undue advantage for themselves or for a third person.

13. Members of the Committee must, when making decisions, avoid being influenced by outside considerations such as the possibility of an appointment or the possibility or offer of employment.

14. Members of the Committee who leave office must conduct themselves in such a manner as not to derive undue advantages from their previous service with the Committee.

Members of the Committee who leave office must not disclose any confidential information obtained or give anyone advice based on information not available to the public.

15. The secretary of the Committee must ensure compliance with the rules of ethics and professional conduct by the members of the Committee and must inform the competent authority of any breach of those rules.

CHAPTER III POLITICAL ACTIVITIES

16. Members of the Committee who intend to run for election to an elective public office must so inform the secretary of the Committee.

17. The chairman of the Committee must, if intending to run for election to an elective public office, resign from the position of chairman.

O.C. 1533-2021, s. 16.

TRANSITIONAL

2021

(O.C. 1533-2021) SECTION 17. The terms of the members of the Provincial Committee on the dispensing of health and social services in the English language in office on 30 December 2021 end on that date.

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

O.C. 1533-2021, 2021 G.O. 2, 5067

S.Q. 2020, c. 11, s. 254