S-4.2, r. 16.1 - Regulation respecting the terms governing the use of monitoring mechanisms by a user sheltered in a facility maintained by an institution operating a residential and long-term care centre

Updated to 12 December 2023

This document has official status.

chapter S-4.2, r. 16.1

Regulation respecting the terms governing the use of monitoring mechanisms by a user sheltered in a facility maintained by an institution operating a residential and long-term care centre

Act respecting health services and social services

(chapter S-4.2, s. 505, par. 30).

CHAPTER I SCOPE AND DEFINITION

O.C. 92-2018, c. I.

1. This Regulation applies to the installation and use of monitoring mechanisms, concealed or not, by a user sheltered in a facility maintained by an institution operating a residential and long-term care centre within the meaning of section 83 of the Act respecting health services and social services (chapter S-4.2) or by the user’s representative described in section 12 of the Act.

O.C. 92-2018, s. 1.

2. For the purposes of this Regulation, “monitoring mechanism” means any mechanism, device or technological means allowing to capture images or sounds and used for monitoring purposes, in particular a monitoring camera.

O.C. 92-2018, s. 2.

CHAPTER II RULES GOVERNING THE INSTALLATION AND USE OF MONITORING MECHANISMS

O.C. 92-2018, c. II.

3. A monitoring mechanism must be installed by the user or, as the case may be, the user’s representative.

Where the mechanism is installed by the representative, he or she must obtain the user’s consent, unless such consent is impossible to obtain.

O.C. 92-2018, s. 3.

4. The installation of a monitoring mechanism is authorized only to ensure the safety of the user or that of the user’s property, or to ensure the quality of the care and services provided to the user, in particular to detect a case of user maltreatment.

O.C. 92-2018, s. 4.

5. A monitoring mechanism may not be used in a continuous manner by a user’s representative, unless the purposes sought by the installation of the mechanism justify it.

O.C. 92-2018, s. 5.

6. Visual or sound recording by means of a monitoring mechanism may be done only if such recording is necessary for the purposes set out in section 4.

O.C. 92-2018, s. 6.

7. When a monitoring mechanism is installed in a room where several users are sheltered, the user who installs the mechanism or, as the case may be, the user’s representative must obtain the consent of the other users sheltered in that room, or of their representatives, before installing the mechanism, unless the purposes sought by the installation of the mechanism justify proceeding without such consent.

The monitoring mechanism may not be installed and used to capture images or sounds of the other users sheltered in that room.

O.C. 92-2018, s. 7.

8. A monitoring mechanism may not be installed and used to capture images and sounds from outside the user’s room where a mechanism is installed.

In addition, a monitoring mechanism may not enable to capture images from a bathroom, unless the purposes sought by the installation of the mechanism justify it.

O.C. 92-2018, s. 8.

9. The installation or use of a monitoring mechanism must not require that alterations be made to the institution’s property, except with the institution’s consent.

O.C. 92-2018, s. 9.

10. The installation or use of monitoring mechanisms must not entail costs for the institution, except with the institution’s consent.

O.C. 92-2018, s. 10.

11. The monitoring mechanism must be removed if its use is no longer necessary for the purposes sought by the installation of the mechanism.

The need to use a monitoring mechanism must be reassessed at least every 6 months by the user or, as the case may be, the user’s representative. The user or, as the case may be, the user’s representative must then assess whether the reasons for installing the mechanism are still valid, whether the objectives sought by installing it have been attained and whether the terms governing the use of the mechanism have been complied with.

O.C. 92-2018, s. 11.

CHAPTER III RULES GOVERNING THE USE AND CONSERVATION OF IMAGES AND RECORDINGS

O.C. 92-2018, c. III.

12. The user or, as the case may be, the user’s representative is responsible for ensuring the confidentiality and security of the images captured using a monitoring mechanism and of the recordings made using such mechanism.

O.C. 92-2018, s. 12.

13. The use of images captured using a monitoring mechanism and of recordings made using such mechanism is restricted to what is necessary for the purposes set out in section 4.

O.C. 92-2018, s. 13.

14. The communication of images and recordings must be restricted and done in such a manner as to protect the identity of the persons whose picture or voice was captured.

The restrictions referred to in the first paragraph do not apply where the recordings are communicated to

(1)  the institution that shelters the user, the local service quality and complaints commissioner of the institution or the Health Services Ombudsman;

(2)  a body that, under the law, is in charge of preventing, detecting or repressing crime or offences against the law, if the recordings are necessary to prosecute an offence against an Act applicable in Québec; or

(3)  any other person to whom the recording must be communicated by reason of an emergency posing a threat to the life, health or safety of a person.

O.C. 92-2018, s. 14.

15. Recordings may be conserved only if such conservation is necessary for fulfilling the purposes sought by the installation of the mechanism.

The need to conserve recordings must be reassessed at least every 6 months by the user or, as the case may be, the user’s representative. The user or, as the case may be, the user’s representative must then assess whether the reasons for conserving the recordings are still valid and whether the objectives sought by conserving them have been attained.

O.C. 92-2018, s. 15.

16. A recording must be destroyed by the user or, as the case may be, the user’s representative, or at their request.

O.C. 92-2018, s. 16.

17. A recording made with a monitoring mechanism must be destroyed using safe and permanent means that ensure the confidential nature of the information contained in the recording.

O.C. 92-2018, s. 17.

18. The destruction method used must take into account the medium used for the recording and the confidential nature of the recordings.

When the recording is on a reusable electronic medium such as a memory card or a computer’s hard disk, destruction may be accomplished, in particular, by formatting, rewriting or electronic shredding.

Where the recording is on a non-reusable electronic medium such as a compact disc, destruction may be accomplished, in particular, by physically destroying the medium.

O.C. 92-2018, s. 18.

19. Where the recording is destroyed by a third person, he or she must be informed of the confidential nature of the recordings and of the fact that the recording was made in accordance with this Regulation.

O.C. 92-2018, s. 19.

20. This Chapter applies to any copy, transcription or reproduction, total or partial, of a recording made with a monitoring mechanism.

O.C. 92-2018, s. 20.

CHAPTER IV OBLIGATIONS OF INSTITUTIONS

O.C. 92-2018, c. IV.

21. When a user is admitted, an institution operating a residential and long-term care centre must inform the user or, as the case may be, the user’s representative of the rules applicable to the installation and use of monitoring mechanisms and provide the user or representative with the support needed to comply with the rules.

O.C. 92-2018, s. 21.

22. An institution operating a residential and long-term care centre must properly indicate the possibility that monitoring mechanisms could be installed in the facilities where the centre operates.

The indications must be installed in such a way as to be visible by any person entering the facility.

The indications must not enable to identify the location where a monitoring mechanism is installed.

O.C. 92-2018, s. 22.

23. An institution operating a residential and long-term care centre must designate a person in charge of providing the support needed to the user or, as the case may be, the user’s representative so that they can comply with this Regulation.

O.C. 92-2018, s. 23.

CHAPTER V TRANSITIONAL AND FINAL

O.C. 92-2018, c. V.

24. (Omitted).

O.C. 92-2018, s. 24.

REFERENCES

O.C. 92-2018, 2018 G.O. 2, 726