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G-1.021 - Act respecting the governance of the health and social services system

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Updated to 1 November 2024
This document has official status.
chapter G-1.021
Act respecting the governance of the health and social services system
PART I
INTRODUCTORY PROVISIONS, RIGHTS RELATING TO SERVICES, AND MINISTER’S FUNCTIONS
2023, c. 34, Part I.
TITLE I
INTRODUCTORY PROVISIONS
2023, c. 34, Tit. I.
Not in force
1. The purpose of this Act is to put in place an effective health and social services system, particularly by facilitating access to safe, quality health services and social services, enhancing coordination of the different components of the system and bringing communities closer to decisions related to the organization and provision of services.
To that end, the Act establishes Santé Québec and entrusts it with, among other things, offering health services and social services through public institutions, and regulating and coordinating the activities of private institutions and of certain providers of services in the field of health and social services.
The Act also establishes rules relating to the organization and governance of institutions that enable proximity management and management by territory that are based on a populational approach, and that foster enhanced flow of services.
2023, c. 34, s. 1.
Not in force
2. Health services and social services are intended to promote the improvement, maintenance and recovery of the physical, mental and psychosocial health and the well-being of persons as well as the prevention of their deterioration, including by acting on health and well-being determinants.
They are also intended to promote the adaptation, rehabilitation, social integration or social reintegration of persons.
Lastly, health services and social services are intended to achieve comparable levels of health and well-being between the various population groups and between the various regions.
2023, c. 34, s. 2.
Not in force
3. Health services and social services are provided by institutions.
The institutions may be either public or private.
A person who receives such services from an institution is a user.
2023, c. 34, s. 3.
Not in force
4. Health services and social services are comprised in the following groups:
(1)  “local community services” : a group of basic health and social services offered at the primary level of care and, where offered to the population of a territory served, health and social services of a preventive or curative nature, rehabilitation or reintegration services, and public health activities carried out in accordance with the provisions of the Public Health Act (chapter S-2.2);
(2)  “hospital services” : a group of diagnostic services and general and specialized medical care;
(3)  “residential and long-term care services” : the provision of an alternative living environment, of a group of lodging, assistance, support and supervision services and of rehabilitation, psychosocial, nursing care, pharmaceutical and medical services to adults who, because of loss of functional or psychosocial autonomy, can no longer live in their natural living environment, despite the support of their families and friends;
(4)  “youth protection services” : a group of psychosocial services, including social emergency services, required by the situation of a young person under the Youth Protection Act (chapter P-34.1) or the Youth Criminal Justice Act (S.C. 2002, c. 1), and of services related to child placement, family mediation, expertise at the Superior Court on child custody, adoption, research into family and medical antecedents, and reunions; and
(5)  “rehabilitation services” : a group of adaptation or rehabilitation and social integration services intended for persons who, because of physical or mental impairment, behavioral disorders or psychosocial or family difficulties, or because of an alcohol, gambling or drug addiction or any other addiction, require such services, as well as assistance and support services intended for their families and friends.
2023, c. 34, s. 4.
5. The expression “services in the field of health and social services” includes health services and social services; it also means services of the same nature offered by providers that are not institutions.
2023, c. 34, s. 5.
Not in force
6. This Act does not apply to the territories referred to in sections 530.1 and 530.89 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or to the territory of the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5).
2023, c. 34, s. 6.
Not in force
TITLE II
RIGHTS RELATING TO SERVICES AND STATUS OF USERS
2023, c. 34, Tit. II.
Not in force
7. Every person is entitled to be informed of the existence of the health and social services and resources available in their community and of the terms governing access to such services and resources.
2023, c. 34, s. 7.
Not in force
8. Every person is entitled to receive, with continuity and in a personalized and safe manner, health services and social services which are scientifically, humanly and socially adequate.
2023, c. 34, s. 8.
Not in force
9. Every person is entitled to choose the professional or the institution from whom or which they wish to receive health services or social services. They are also entitled to receive such services in person.
Nothing in this Act restricts the freedom of a professional to accept or refuse to treat a person.
2023, c. 34, s. 9.
Not in force
10. Every person whose life or bodily integrity is endangered is entitled to receive the care required by their condition. Every institution must, where requested, ensure that such care is provided.
2023, c. 34, s. 10.
Not in force
11. Every user of health services and social services is entitled to be informed of their state of health and well-being, so as to know, as far as possible, the various options open to them and the risks and consequences generally associated with each option before consenting to care concerning them.
They are also entitled to be informed, as soon as possible, of any accident that occurred during the provision of services they received and that has actual or potential consequences for their state of health or well-being and of the corrective measures taken, if any, with regard to such consequences, or to prevent such an accident from recurring.
For the purposes of this Act, “accident” means an action or situation where a risk materializes and which has or could have consequences for a user’s state of health or well-being.
2023, c. 34, s. 11.
Not in force
12. No person may be made to undergo care of any nature, whether for examination, specimen taking, treatments or any other intervention, except with their consent.
Consent to care or authorization to provide care is to be given or refused by the user or, where applicable, their representative or the court, in the circumstances and manner provided for in articles 10 and following of the Civil Code.
2023, c. 34, s. 12.
Not in force
13. Every user is entitled to participate in any decision affecting their state of health or well-being.
They are entitled, in particular, to participate in the development of their intervention plan or individualized service plan where such plans are required under sections 389 and 390.
The same applies to any modification made to such plans.
2023, c. 34, s. 13.
Not in force
14. Every user is entitled to be accompanied and assisted by the person of their choice when they wish to obtain information or take steps in relation to any service provided by an institution or on its behalf or by any professional practising within the institution.
2023, c. 34, s. 14.
Not in force
15. The rights of any person which are recognized under this Act may be exercised by a representative.
The following persons are presumed to be representatives, according to the circumstances and subject to the priorities provided for in the Civil Code:
(1)  the person having parental authority over or the tutor of a user who is a minor;
(2)  the tutor, spouse or close relative of an incapable user of full age;
(3)  the person authorized by a protection mandate given by the user prior to becoming incapable; and
(4)  a person who proves that they have a special interest in the incapable user of full age.
2023, c. 34, s. 15.
Not in force
16. The rights provided for in section 8 and the first paragraph of section 9 are to be exercised within the framework of the legislative and regulatory provisions relating to the organizational and operational structure of the institution and within the limits of the human, material and financial resources at its disposal.
2023, c. 34, s. 16.
Not in force
17. No institution may cease to lodge, in a centre it operates, a user who has been discharged unless the user’s condition allows their return to or integration into their home, or unless the user’s admission to another centre, another institution, an intermediate resource or a family-type resource is ensured and the services required by the user’s condition will be provided to them by that centre, institution or resource.
Subject to the first paragraph, a user must leave the centre operated by the institution providing them lodging services immediately upon being discharged in accordance with the provisions of the regulation made under section 386.
2023, c. 34, s. 17.
Not in force
18. English-speaking persons are entitled to receive health services and social services in the English language, in keeping with the organizational structure and human, material and financial resources of the institutions providing such services and to the extent provided by the access program referred to in section 415.
2023, c. 34, s. 18.
Not in force
19. Nothing in this Act restricts the right of a person or their successors to pursue a remedy against Santé Québec, a grouped institution, a private institution, an intermediate resource, their directors, employees or attendants or a professional for a professional or other fault. In no case may the pursuit of such a remedy be waived.
The same applies to the right to pursue a remedy against a family-type resource.
2023, c. 34, s. 19.
Not in force
20. In order to involve users as service partners, an institution must promote
(1)  their autonomy and accountability with respect to their health;
(2)  their participation in the care and other services they receive; and
(3)  the valuing of the knowledge developed by users collectively through their experience of the services received.
2023, c. 34, s. 20.
Not in force
21. Each institution disseminates information to increase understanding of the rights and obligations of users.
The institutions also promote the user complaint examination regime and publish the procedure referred to in section 708.
2023, c. 34, s. 21.
Not in force
TITLE III
MINISTER’S FUNCTIONS
2023, c. 34, Tit. III.
Not in force
22. With a view to improving the health and well-being of the population, the Minister determines priorities, objectives and orientations in the field of health and social services and sees to their implementation.
More specifically, the Minister
(1)  establishes health and social services policies, in particular with a view to enhancing the value of the services for users, ensures that they are implemented and assesses them;
(2)  promotes teaching, research, evaluation of technologies and methods of intervention, innovations and advanced practices as well as transfer of knowledge, and sees to their promotion;
(3)  determines orientations and performance indicators relating to standards of access, integration, quality, effectiveness and efficiency as concerns services, taking into account their value for users, as well as orientations and performance indicators relating to respect for users’ rights and to partnership with users, and disseminates the orientations and indicators among Santé Québec and its institutions;
(4)  determines orientations, targets and standards for the user complaint examination regime;
(5)  ensures accountability regarding management of the health and social services network on the basis of the Minister’s orientations and indicators, and assesses and evaluates the results with respect to health and social services.
The Minister publishes, on a regular basis, the information that enables monitoring of the indicators the Minister has determined as well as the information that relates to the results referred to in subparagraph 5 of the second paragraph.
2023, c. 34, s. 22.
PART II
SANTÉ QUÉBEC
2023, c. 34, Part II.
TITLE I
ESTABLISHMENT AND MISSION
2023, c. 34, Tit. I.
23. “Santé Québec” is established.
2023, c. 34, s. 23.
24. Santé Québec is a legal person and a mandatary of the State.
Its property forms part of the domain of the State, but the execution of its obligations may be levied against its property.
Santé Québec binds none but itself when it acts in its own name.
2023, c. 34, s. 24.
25. The head office of Santé Québec is located in the territory of Ville de Québec, at the place it determines.
Notice of the address of the head office, and of any relocation of the head office, is published in the Gazette officielle du Québec.
2023, c. 34, s. 25.
Not in force
26. The mission of Santé Québec is to offer, through public institutions, health services and social services in the various health regions of Québec. In those regions, it coordinates and supports, in particular by way of subsidies, the supply of such services by private institutions as well as the supply of services in the field of health and social services by certain other private providers.
Santé Québec’s mission is also to apply the regulations made under this Act governing certain activities related to the field of health and social services.
In addition, its mission is to implement the orientations, targets and standards determined by the Minister, in particular with regard to the organization and provision of health services and social services.
Lastly, Santé Québec’s mission is to exercise any function incumbent on it under another Act or that the Minister confers on it.
2023, c. 34, s. 26.
Not in force
27. Santé Québec exercises the functions listed below as well as any other auxiliary function it considers necessary for the provision of health services and social services:
(1)  putting in place mechanisms for access to services in the field of health and social services;
(2)  developing a national program on the quality of services;
(3)  establishing a national information filing system and, among other things, keeping in it the records of users who receive health services or social services from public institutions;
(4)  maintaining a national strategic reserve of medications and supplies;
(5)  forming a national users’ committee and seeing to its proper functioning;
(6)  preventing incidents and accidents in the provision of health services and social services from recurring;
(7)  forming public health departments; and
(8)  ensuring the putting in place of mechanisms enabling the consultation and mobilization of actors from the various sectors of activity of community life whose action can have an impact on health and well-being and of other members of the population, with a view to acting on health and well-being determinants and to improving the health services and social services offered.
For the purposes of this Act, “incident” means an action or situation that does not have consequences for the state of health or well-being of a user, but the outcome of which is unusual and could have consequences under different circumstances.
2023, c. 34, s. 27.
28. The Minister may determine orientations regarding the principles or pratices that Santé Québec must favour with respect to health and social services. The Minister may also determine objectives that Santé Québec must pursue in the carrying out of its mission or in the exercise of its functions.
2023, c. 34, s. 28.
29. Subject to section 40 of the Act respecting the governance of state-owned enterprises (chapter G-1.02), the Minister may, in addition to the powers conferred on the Minister by this Act, issue a directive to Santé Québec on its administration, organization, operation or actions, including on the management of its human, material and financial resources.
Santé Québec is required to comply with a directive from the date determined in the directive.
2023, c. 34, s. 29.
Not in force
30. For the purposes of this Act, the Minister divides the territory of Québec into contiguous health regions after consulting Santé Québec.
The territories referred to in section 6 are excluded from the health regions.
2023, c. 34, s. 30.
Not in force
31. Each health region referred to in the first paragraph of section 30 may be subdivided into contiguous local health and social services network territories whose boundaries are determined by the Minister after consulting Santé Québec.
2023, c. 34, s. 31.
32. Santé Québec must follow sound management practices showing due regard for the principle of subsidiarity.
The following objectives must guide anyone exercising management responsibilities within Santé Québec:
(1)  the development and maintenance of an organizational culture focused toward service to users and proximity management;
(2)  clinical and administrative co-management, that is, the joint exercise by managers and health and social services professionals of the functions relating to the management of clinical activities within institutions;
(3)  the adequacy of services, in keeping with the organization of Santé Québec and the resources allocated;
(4)  the fluidity and continuity of the services provided to users;
(5)  the assurance of continuous access to a broad range of general, specialized and superspecialized services in the field of health and social services aimed at satisfying the social and health needs of the region served, in keeping with its distinctive characteristics; and
(6)  cooperation with the actors from the various sectors of activity of community life whose action may have an impact on health and well-being, with a view to acting on health and well-being determinants and to improving the offer of services to the population.
For the purposes of the first paragraph, “principle of subsidiarity” means the principle whereby powers and responsibilities must be delegated to the appropriate level of authority so that decision-making centres are adequately distributed and brought as close as possible to the users.
2023, c. 34, s. 32.
33. Santé Québec establishes mechanisms for the continuous improvement of its services and practices.
2023, c. 34, s. 33.
TITLE II
ORGANIZATION AND OPERATION
2023, c. 34, Tit. II.
CHAPTER I
BOARD OF DIRECTORS
2023, c. 34, c. I.
DIVISION I
COMPOSITION AND OPERATION
2023, c. 34, Div. I.
34. Santé Québec is administered by a board of directors composed of 15 members, including the chair, the president and chief executive officer and the Deputy Minister of Health and Social Services, who is a member of the board by virtue of office.
The president and chief executive officer is considered to be the president and chief executive officer of Santé Québec for the purposes of the Act respecting the governance of state-owned enterprises (chapter G-1.02).
2023, c. 34, s. 34.
35. One of the members of Santé Québec’s board of directors, other than its chair and the president and chief executive officer, must be appointed after consultation with bodies that are representative of the members of the users’ committees.
Moreover, the membership of the board of directors must include at least the following persons:
(1)  four persons, other than the chair of the board of directors, the president and chief executive officer and the Deputy Minister of Health and Social Services, whose principal residences are respectively situated in four different health regions; and
(2)  two persons, one having experience relevant to the provision of health services and the other having experience relevant to the provision of social services.
The territory of two of the health regions referred to in subparagraph 1 of the second paragraph must be neither wholly nor partly included in that of the Communauté métropolitaine de Montréal.
2023, c. 34, s. 35.
36. The term of a member of the board of directors who is referred to in subparagraph 1 of the second paragraph of section 35 ends if, due to a change in the place of the member’s principal residence, the composition of the board of directors no longer meets the condition set out in that subparagraph and in the third paragraph of section 35.
2023, c. 34, s. 36.
37. A vacancy on Santé Québec’s board of directors is filled in accordance with the rules of appointment to the board.
Among other things, non-attendance at a number of board meetings determined by Santé Québec’s by-laws, in the cases and circumstances specified, constitutes a vacancy.
2023, c. 34, s. 37.
38. The quorum at meetings of Santé Québec’s board of directors is the majority of its members, including the chair of the board or the president and chief executive officer.
Decisions of the board are made by a majority vote of the members present.
2023, c. 34, s. 38.
39. The board of directors of Santé Québec may sit anywhere in Québec.
2023, c. 34, s. 39.
40. Unless Santé Québec’s by-laws provide otherwise, the members of the board of directors may, if they all consent, participate in a meeting of the board by means enabling all participants to communicate directly with one another.
In such a case, the members are deemed to be present at the meeting.
2023, c. 34, s. 40.
41. The minutes of a meeting of Santé Québec’s board of directors, approved by the board and certified true by the chair of the board, the president and chief executive officer or any other person so authorized by Santé Québec’s by-laws, are authentic, as are the documents and reproductions emanating from Santé Québec or forming part of its records if signed or certified true by one of those persons.
2023, c. 34, s. 41.
DIVISION II
FUNCTIONS AND POWERS
2023, c. 34, Div. II.
§ 1.  — Establishment of institutions
2023, c. 34, Sd. 1.
Not in force
42. Santé Québec’s board of directors may establish, within Santé Québec, administrative units that are Santé Québec institutions.
A Santé Québec institution is a public institution; it is territorial or other than territorial.
At least one territorial institution must be established in each health region.
2023, c. 34, s. 42.
Not in force
43. No resolution of Santé Québec’s board of directors may, without the Minister’s approval, establish more than one Santé Québec institution in the same health region.
The same applies to a resolution that reduces the number of such institutions in the same health region.
Santé Québec requests the opinion of every institution board of directors of the region concerned on an increase or reduction in the number of institutions provided for in such a resolution.
Where Santé Québec submits a resolution for the Minister’s approval, it communicates to the Minister any opinion obtained under the third paragraph.
2023, c. 34, s. 43.
Not in force
44. Territorial institutions carry on, as a minimum, the activities necessary for the provision of the following services:
(1)  local community services;
(2)  hospital services; and
(3)  residential and long-term care services.
2023, c. 34, s. 44.
Not in force
45. Institutions that are other than territorial carry on, as a minimum, the activities necessary for the provision of hospital services. They may not offer local community services or youth protection services.
2023, c. 34, s. 45.
Not in force
46. For the purposes of this Act, any premises on which the activities of a Santé Québec institution that are necessary for the provision of the group of services referred to in each of the following subparagraphs are concentrated is a centre whose name is the name provided for in that subparagraph:
(1)  local community services: “local community service centre”;
(2)  hospital services: “hospital centre”;
(3)  residential and long-term care services: “residential and long-term care centre”;
(4)  youth protection services: “child and youth protection centre”; and
(5)  rehabilitation services: “rehabilitation centre”.
An activity necessary for the provision of any one of those services, where carried on outside the premises on which the other activities necessary for the provision of the same services are concentrated, is considered carried on on those premises.
2023, c. 34, s. 46.
47. In order to specify the nature of the health services or social services provided in each centre referred to in the first paragraph of section 46 or to specify the users for whom they are intended, Santé Québec’s by-laws may establish classes to which such a centre belongs. The by-laws may further specify those classes by types.
2023, c. 34, s. 47.
Not in force
48. The resolution of Santé Québec’s board of directors establishing a Santé Québec institution must include the following:
(1)  the name of the institution;
(2)  an indication as to whether the institution is territorial or other than territorial;
(3)  a list of the centres it operates and, where applicable, the class and type to which each of them belongs; and
(4)  the contact information for the facilities that the institution is required to maintain in a sustainable manner.
For the purposes of this Act, such a resolution is called a “deed of establishment”.
2023, c. 34, s. 48.
§ 2.  — By-laws
2023, c. 34, Sd. 2.
49. Santé Québec’s board of directors makes Santé Québec’s by-laws. The by-laws may include, in addition to the provisions provided for by this Act, the provisions that may be included in the by-laws of a Santé Québec institution.
Santé Québec’s by-laws come into force after being approved by the Minister.
In case of conflict, the provisions of Santé Québec’s by-laws prevail over those of the by-laws of a Santé Québec institution.
2023, c. 34, s. 49.
50. Santé Québec’s by-laws must prescribe the terms according to which a Santé Québec institution may provide, within another such institution, the medical, dental, pharmaceutical or midwifery services that the other establishment requires.
Those terms are deemed to form part of the by-laws of any institution concerned and to be specific requirements of the institution.
2023, c. 34, s. 50.
§ 3.  — Delegation of powers and of signature
2023, c. 34, Sd. 3.
51. Santé Québec’s board of directors may delegate its powers to the president and chief executive officer, to another member of Santé Québec’s personnel, to one or more of its committees or to an institution board of directors.
However, a power may be delegated to an institution board of directors or to a personnel member assigned to performing tasks within an institution only if the exercise of the delegated power
(1)  is restricted to the institution, as applicable, in which the institution board of directors is established or in which the personnel member performs the tasks assigned to them; and
(2)  is not subject to authorization or approval by the Government, the Conseil du trésor or a minister.
2023, c. 34, s. 51.
52. Subject to the second paragraph of section 51, the board of directors must delegate to each institution board of directors its functions and powers relating to teaching, research and innovation within the institution.
2023, c. 34, s. 52.
53. No deed or document is binding on Santé Québec or may be attributed to Santé Québec unless it is signed by the chair of its board of directors, by the president and chief executive officer or, to the extent determined in its by-laws, by another member of its personnel.
Santé Québec’s by-laws may provide for subdelegation and how it is to be exercised.
The delegation of a power of Santé Québec’s board of directors gives the delegatee the power to sign the deeds or the documents resulting from the exercise of that power, except where the delegatee is a committee of the board or an institution board of directors. In such a case, the committee or the institution board of directors may designate a member of Santé Québec’s personnel for the signing of the deed or the document, unless the board of directors decides otherwise.
Unless the board of directors decides otherwise, a signature may be affixed to a deed or document by any means.
2023, c. 34, s. 53.
54. Santé Québec’s board of directors may not delegate the following powers:
(1)  committing Santé Québec’s credit;
(2)  establishing an institution, whether territorial or other than territorial, amending the institution’s deed of establishment or terminating its existence;
(3)  making or amending Santé Québec’s by-laws and any regulation that Santé Québec is empowered to make under this Act; and
(4)  appointing persons who exercise management responsibilities under the immediate authority of the president and chief executive officer.
2023, c. 34, s. 54.
DIVISION III
NATIONAL WATCHDOG COMMITTEE
2023, c. 34, Div. III.
55. Santé Québec’s board of directors must, in addition to the committees it is required to establish under the Act respecting the governance of state-owned enterprises (chapter G-1.02), establish a national watchdog committee.
2023, c. 34, s. 55.
56. The national watchdog committee sees to it that Santé Québec’s board of directors exercises its functions and powers in such a manner as to promote the quality of health services and social services and respect for users’ rights.
To that end, the committee must, in particular,
(1)  analyze the reports and recommendations sent to Santé Québec by the national service quality and complaints commissioner or by the Health and Social Services Ombudsman;
(2)  establish systemic links between those reports and recommendations and draw from them the conclusions necessary to make recommendations under subparagraph 3;
(3)  make recommendations to Santé Québec’s board of directors on the actions to be taken following those reports or recommendations in order to improve the quality of services;
(4)  ensure follow-up, with Santé Québec’s board of directors, of the board’s implementation of the recommendations made under subparagraph 3;
(5)  see to the monitoring of the exercise of the functions and responsibilities of the watchdog committees established by institution boards of directors and by private institutions’ boards of directors;
(6)  see that the national service quality and complaints commissioner and the service quality and complaints commissioners have the human, material and financial resources necessary to exercise their functions; and
(7)  exercise any other function that Santé Québec’s board of directors considers useful in fulfilling the mandate entrusted to the committee under the first paragraph.
2023, c. 34, s. 56.
CHAPTER II
PERSONNEL
2023, c. 34, c. II.
57. Santé Québec’s secretary and other personnel members are appointed in accordance with the staffing plan approved by Santé Québec’s board of directors.
2023, c. 34, s. 57.
58. If the president and chief executive officer is absent or unable to act, Santé Québec’s board of directors may designate a member of Santé Québec’s personnel to exercise the functions of that position.
2023, c. 34, s. 58.
59. The Minister may, by regulation, determine the standards and scales to be used by Santé Québec for the selection, appointment and hiring of, and the remuneration and other conditions of employment applicable to, personnel members, subject to the provisions of a collective agreement.
The Minister may also, by regulation, establish for the persons referred to in the first paragraph who are not governed by a collective agreement a procedure of appeal for cases of dismissal, termination of employment or non-renewal of employment, except when arising from forfeiture of office, and for cases of suspension without pay or of demotion. The regulation may also prescribe a procedure for the settlement of disagreements over the interpretation and application of the conditions of employment the Minister establishes. Lastly, the regulation may prescribe a method for the designation of an arbitrator, to whom sections 100.1, 139 and 140 of the Labour Code (chapter C-27) apply, and the measures the arbitrator may take after having heard the parties.
2023, c. 34, s. 59.
60. The Minister may, with the approval of the Conseil du trésor, enter into an agreement with a body representing the persons referred to below who work for institutions concerning their conditions of employment:
(1)  clinical biochemists and candidates for the specialist’s certificate in clinical biochemistry;
(2)  certified clinical laboratory geneticists;
(3)  pharmacists and persons in the process of obtaining a licence to practise pharmacy; and
(4)  medical physicists.
Any agreement or part of an agreement referred to in the first paragraph, if it expressly so provides, may bind any institution. However, the Minister must consult the institutions or groups of institutions that could be bound by an agreement or part of an agreement, and those institutions or groups of institutions may submit recommendations to the Minister regarding the terms of their participation in the making of the agreement or part of an agreement.
2023, c. 34, s. 60.
Not in force
61. Santé Québec must communicate to the Minister, at the Minister’s request and in the form and at the intervals determined by the Minister, the statements, statistical data, reports and other information that are required by the Minister with regard to its human resources, including students and trainees, and that are necessary for the exercise of the Minister’s functions.
Where the information required by the Minister in accordance with the first paragraph allows a member of Santé Québec’s personnel to be identified, the information may be communicated only if the delegated manager of government digital data of the Ministère de la Santé et des Services sociaux referred to in subparagraph 9.2 of the first paragraph of section 10.1 of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03) authorizes its communication.
In order to obtain the manager’s authorization, the Minister must submit a written request to the manager. In such a case, sections 81, 82, 85 to 87 and 89 of the Act respecting health and social services information (chapter R-22.1) apply to the Minister and to the manager, with the necessary modifications.
Information communicated under this section must not allow a user of an institution to be identified.
This section applies despite section 68 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
2023, c. 34, s. 61.
62. Santé Québec assumes the defence of any member of its personnel against whom judicial proceedings are brought by a third person for an act carried out in the exercise of the personnel member’s functions and pays reparation, where applicable, for the injury resulting from that act, unless a gross fault or a personal fault separable from the exercise of the personnel member’s functions has been committed.
However, in penal or criminal proceedings, Santé Québec pays the defence costs only if the person against whom judicial proceedings are brought is acquitted or if Santé Québec considers that the person acted in good faith.
2023, c. 34, s. 62.
63. Santé Québec assumes the obligations referred to in section 62 of this Act and in sections 10 and 11 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) in respect of any person who, at its request, has acted as provisional administrator.
2023, c. 34, s. 63.
CHAPTER III
ETHICS AND PROFESSIONAL CONDUCT
2023, c. 34, c. III.
64. The code of ethics applicable to Santé Québec’s officers and employees that its board of directors must approve under paragraph 4 of section 15 of the Act respecting the governance of state-owned enterprises (chapter G-1.02) must contain the following provisions, in addition to those required under that Act:
(1)  the rights of users;
(2)  the practices and conduct expected of persons who, within a Santé Québec institution, engage in activities in respect of users; and
(3)  the rules governing the use of the information referred to in section 153.
The code of ethics applies to members of an institution board of directors.
2023, c. 34, s. 64.
65. Each Santé Québec institution disseminates information about the code of ethics referred to in section 64, in particular by giving a reproduction of the code to every user it lodges or who requests it.
2023, c. 34, s. 65.
66. A member of Santé Québec’s personnel who has a direct or indirect interest in an enterprise which causes their personal interest to conflict with that of Santé Québec must, on pain of sanctions which may include dismissal, disclose the interest in writing to the president and chief executive officer and, where applicable, abstain from participating in any decision relating to that enterprise.
2023, c. 34, s. 66.
67. The board of directors of Santé Québec determines the standards for the application of section 66 to its personnel members as well as the standards applicable to senior management officers regarding exclusivity of office.
Senior management officers must not, on pain of sanctions which may include dismissal, contravene any of the standards regarding exclusivity of office that are determined under the first paragraph and that apply to them.
2023, c. 34, s. 67.
68. Santé Québec’s board of directors must establish measures to prevent or put an end to the conflicts of interest that may arise from contracts entered into between Santé Québec and a member of its personnel or a person practising a profession within a Santé Québec institution, or between Santé Québec and an enterprise in which such persons have a direct or indirect interest.
2023, c. 34, s. 68.
69. Santé Québec’s executive officers and management officers are, on pain of sanctions which may include dismissal, prohibited from accepting any sum of money or any direct or indirect benefit from a foundation or legal person that solicits funds or gifts from the public in relation to the field of health and social services.
2023, c. 34, s. 69.
70. No one may pay to the president and chief executive officer or to a person who exercises management responsibilities under the immediate authority of the president and chief executive officer or that of the president and executive director of a Santé Québec institution a remuneration or grant them a benefit other than those provided for by this Act or the Act respecting the governance of state-owned enterprises (chapter G-1.02).
Despite the first paragraph, a remuneration that does not constitute a sum of money or a benefit referred to in section 69 may be paid to the president and executive director of a Santé Québec institution or to the person who exercises management responsibilities under the president and executive director’s immediate authority if it is paid as consideration for the practice of a professional activity to which the president and chief executive officer has agreed.
2023, c. 34, s. 70.
Not in force
TITLE III
FUNCTIONS AUXILIARY TO THE PROVISION OF HEALTH SERVICES AND SOCIAL SERVICES
2023, c. 34, Tit. III.
Not in force
CHAPTER I
ACCESS MECHANISMS
2023, c. 34, c. I.
Not in force
71. Where Santé Québec puts in place a mechanism for access to services in the field of health and social services, it determines, in particular, the terms governing the priority of access to all or part of those services. It may also put in place systems for the distribution and referral of users among health or social services professionals.
Santé Québec must ensure that its mechanism for access to services takes into account the territory’s characteristics as well as users’ sociocultural and linguistic characteristics and that it makes it possible to coordinate the activities of public institutions and private providers of services in the field of health and social services.
2023, c. 34, s. 71.
Not in force
72. A regulation of Santé Québec may
(1)  identify the private providers that are subject to an access mechanism referred to in the first paragraph of section 71; and
(2)  set out the obligation, for any health or social services professional belonging to a class it determines, to use any system put in place under that paragraph, and more specifically,
(a)  determine to what extent professionals must make themselves available by means of such a system;
(b)  prescribe which information necessary for the operation of such a system must be communicated to Santé Québec; and
(c)  prescribe any other requirement regarding the use of such a system.
Santé Québec must, in addition, determine by regulation to what extent persons awaiting services by means of such a mechanism must be kept informed of the progress of their request, including the priority having been granted to the request and the average wait times associated with it.
2023, c. 34, s. 72.
Not in force
73. Santé Québec sees to the development and implementation of a regional and interregional information system to monitor, on a daily basis, the situation in the institutions for which a clinical department of emergency medicine is put in place as regards the number and nature of user registrations, admissions, transfers and transports by ambulance.
2023, c. 34, s. 73.
Not in force
CHAPTER II
NATIONAL PROGRAM ON THE QUALITY OF SERVICES
2023, c. 34, c. II.
Not in force
74. Santé Québec develops a national program on the quality of services, in accordance with the overall orientations and expectations regarding quality, safety, pertinence and effectiveness determined by the Minister.
The purpose of the program is to ensure that public institutions and authorization holders comply with their obligation to follow recognized practices in the following matters:
(1)  governance and means suitable for ensuring the quality of services, in particular with regard to their safety, pertinence and effectiveness; and
(2)  governance and means suitable for preventing and controlling infections associated with their provision of services.
The program sets out, in particular, the measures that, in the opinion of Santé Québec, may be established by a public institution or a holder of an authorization in order to comply with such practices, as well as the means by which the institution or authorization holder that is compliant with those practices may be officially recognized.
For the purposes of this Act, the authorization referred to in reference to its holder is an authorization granted under Title I of Part VI.
2023, c. 34, s. 74.
Not in force
75. Santé Québec may, by regulation, prescribe standards applicable to the practices to be followed by a public institution or a holder of an authorization.
Such a regulation may make the application of standards fixed by a certification or standardization body mandatory and provide that the references made to those standards are to include any subsequent changes made to them.
2023, c. 34, s. 75.
Not in force
CHAPTER III
NATIONAL INFORMATION FILING SYSTEM
2023, c. 34, c. III.
Not in force
76. Santé Québec establishes a national information filing system.
The system must enable the following, among other things:
(1)  the keeping, by Santé Québec, of the records of users who receive health services or social services from public institutions;
(2)  the keeping, by private institutions, institutions governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and the Cree Board of Health and Social Services of James Bay, of the records concerning, as applicable, their users or their beneficiaries, and the preserving, on their behalf, of the information contained in those records;
(3)  the indexing of information held by the other health and social services bodies within the meaning of the Act respecting health and social services information (chapter R-22.1) and contained in the records they keep on the persons who receive from them services in the field of health and social services;
(4)  the sharing of prescriptions between health and social services bodies within the meaning of that Act and with the persons concerned;
(5)  the keeping, by the Minister, of a consent registry for the post-mortem removal of organs and tissues;
(6)  the keeping, by Santé Québec, of a register of the advance medical directives and advance requests for medical aid in dying governed by the Act respecting end-of-life care (chapter S-32.0001);
(7)  the putting in place, by Santé Québec, of a mechanism enabling a person to find a health or social services professional who belongs to a class of professionals, and practises in premises belonging to a class, identified by the Minister and who agrees to provide medical care to them in collaboration, if applicable, with other professionals;
(8)  the putting in place, by Santé Québec, of a mechanism for booking appointments with a health or social services professional who belongs to a class of professionals, and practises in premises belonging to a class, identified by the Minister;
(9)  the simplifying of access to and of any other use and communication of information, in accordance with the information protection regimes applicable to it, in particular the regime provided for by the Act respecting health and social services information; and
(10)  the implementing of any other functionality determined by regulation of Santé Québec.
It must also enable the logging of every access to the system by a person, whether the purpose of the access is to file information in the system, to use the information or to be given communication of it.
Despite section 6, this chapter applies to the territories referred to in sections 530.1 and 530.89 of the Act respecting health services and social services for the Inuit and Naskapi and to the territory of the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5).
2023, c. 34, s. 76.
Not in force
77. A regulation of Santé Québec determines the terms and conditions governing the use of the national information filing system.
The regulation may also prescribe
(1)  any standard relating to the establishing and keeping of, and the particulars and documents contained in, the records of users of the public and private institutions governed by this Act, whether or not the records are kept in the national information filing system;
(2)  the obligation for all or some of the private institutions or the institutions governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or for the Cree Board of Health and Social Services of James Bay to use the national information filing system for keeping the records concerning, as applicable, their users or their beneficiaries, and for preserving, on their behalf, the information contained in those records;
(3)  the obligation for all or some of the other health and social services bodies within the meaning of the Act respecting health and social services information (chapter R-22.1) to allow the indexing of information that they hold and that is contained in the records they keep on the persons who receive from them services in the field of health and social services; and
(4)  the provisions of the regulation whose violation constitutes an offence.
2023, c. 34, s. 77.
Not in force
78. Santé Québec establishes the following registers for, among other things, the operation of the national information filing system:
(1)  a register of users enabling the unique identification of every person to whom services in the field of health and social services are provided;
(2)  a register of service providers enabling the unique identification of every health and social service provider within the meaning of the Act respecting health and social services information (chapter R-22.1); and
(3)  a register of bodies enabling the unique identification of every health and social services body within the meaning of that Act.
The above registers may also be used by Santé Québec or communicated to the Minister on request for any other purpose related to the organization, planning or provision of services or the supply of goods or services in the field of health and social services.
A regulation of Santé Québec determines the registration terms for those registers and the information the registers must contain.
2023, c. 34, s. 78.
Not in force
79. Where Santé Québec has cause to believe that a confidentiality incident involving personal information contained in the national information filing system or a register referred to in section 78 has occurred or that there is a risk of such an incident occurring, it must take reasonable measures to reduce the risk of injury and to prevent new incidents of the same nature.
If the incident presents a risk of serious injury, Santé Québec must promptly notify the Commission d’accès à l’information and the Minister. It must also notify the person or group holding the information concerned by the incident, as well as any person whose information is concerned by the incident, failing which the Commission may order it to do so. It may also notify any person or group that could reduce the risk and send the person or group, without the consent of the person concerned, any personal information necessary for that purpose.
Despite the second paragraph, a person whose information is concerned by the incident need not be notified so long as doing so could hamper an investigation conducted by a person or group responsible by law for the prevention, detection or repression of crime or statutory offences.
A government regulation may determine the content and terms of the notices provided for in this section.
For the purposes of this chapter, “confidentiality incident” means access to personal information or any other use or communication of such information not authorized by law, the loss of such information or any other breach of its protection.
2023, c. 34, s. 79.
Not in force
80. In assessing the risk of injury to a person whose personal information is concerned by a confidentiality incident, Santé Québec must consider, in particular, the sensitivity of the information concerned, the anticipated consequences of its use and the likelihood that such information will be used for injurious purposes.
2023, c. 34, s. 80.
Not in force
81. Santé Québec must keep a register of confidentiality incidents. A government regulation may determine the content of the register.
A copy of the register must be sent to the Commission de l’accès à l’information at its request.
2023, c. 34, s. 81.
Not in force
82. Santé Québec may itself assume the operations management of the national information filing system and of the registers referred to in section 78, or it may entrust all or part of that management to an operations manager.
Santé Québec or, if applicable, the operations manager must
(1)  put in place security measures suitable for ensuring the protection of information as well as its availability in a manner consistent with, as concerns health and social services information within the meaning of the Act respecting health and social services information (chapter R-22.1), the health and social services information governance rules referred to in section 90 of that Act and the special rules defined by the health and social services network information officer under section 97 of that Act; and
(2)  proactively monitor the national information filing system access logs.
When Santé Québec entrusts all or part of the operations management of the system or of a register to an operations manager, it enters into a written agreement with the operations manager, which agreement must, among other things, set out the obligations provided for in the second paragraph as well as the obligations
(1)  to send to Santé Québec, each year, an assessment report enabling it to, among other things, validate the security measures put in place and assess the efficiency and performance of the system as well as the benefits resulting from its establishment; and
(2)  to notify Santé Québec without delay of any confidentiality incident.
The agreement must also set out the cases and circumstances in which and conditions on which the operations manager may, after notifying Santé Québec, entrust to a third person, by mandate or by contract of enterprise or for services, all or part of the services dedicated to hosting, operating or using the national information filing system or a register under the manager’s management. In such a case, the manager must comply with sections 77 and 78 of the Act respecting health and social services information, with the necessary modifications.
2023, c. 34, s. 82.
Not in force
83. Santé Québec or any person it designates may, by a formal demand notified by any appropriate method, require an operations manager to file, within the reasonable time specified, any information or document enabling verification of compliance with the obligations set out in the agreement.
The operations manager to whom the demand is made must comply with it within the specified time regardless of whether the operations manager has already filed such information or documents in response to a similar demand or to fulfil an obligation under this Act or the regulations.
2023, c. 34, s. 83.
Not in force
84. Santé Québec or an operations manager to whom it has entrusted the management of any of the registers referred to in section 78 may require from the following persons or groups any information necessary for keeping those registers or identifying a person, including a service provider within the meaning of the Act respecting health and social services information (chapter R-22.1), or a health and social services body within the meaning of that Act:
(1)  the person concerned;
(2)  the professional order concerned, where applicable;
(3)  a health and social services body; and
(4)  any other person or group or class or category of persons or groups designated by a regulation of Santé Québec.
The above persons and groups must send to Santé Québec or, where applicable, to the operations manager designated by it, the information required and, subsequently, must inform Santé Québec or the operations manager, as applicable, as soon as possible of any change made to the information.
2023, c. 34, s. 84.
Not in force
CHAPTER IV
NATIONAL STRATEGIC RESERVE OF MEDICATIONS AND SUPPLIES
2023, c. 34, c. IV.
Not in force
85. Santé Québec must be sure to maintain, for the benefit of the public institutions and private institutions under agreement governed by this Act, the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and the Act respecting health services and social services for Cree Native persons (chapter S-5) and, with the Minister’s authorization, for the benefit of any other person or group, a strategic reserve of the medications and supplies determined by the Minister, in particular to respond to significant or unexpected demand and to supply problems.
2023, c. 34, s. 85.
Not in force
CHAPTER V
NATIONAL USERS’ COMMITTEE
2023, c. 34, c. V.
Not in force
86. The national users’ committee that Santé Québec is required to form is composed of the following members:
(1)  at least three persons designated by and from among the members of the users’ committees of public and private institutions;
(2)  three persons designated by Santé Québec’s board of directors from a list of names provided by the bodies it identifies that represent the members on users’ committees;
(3)  one person exercising management responsibilities under the immediate authority of the president and chief executive officer designated by the board of directors.
The members designated under subparagraphs 1 and 2 of the first paragraph are appointed for a term of up to four years, which may be consecutively renewed only once.
At the expiry of their terms, members remain in office until they are replaced or reappointed.
2023, c. 34, s. 86.
Not in force
87. The national users’ committee establishes its operating rules.
The operating rules include the terms governing a designation made under subparagraph 1 of the first paragraph of section 86 as well as the terms governing the drawing up of the list provided by the bodies identified under subparagraph 2 of that paragraph.
Those terms must foster the representativeness of the national users’ committee, in particular by ensuring that the persons designated under subparagraph 1 of the first paragraph of section 86 are, alternately, from various health regions.
Where there is no designation complying with the terms or no list drawn up in accordance with them, the board of directors may designate any user of its choice.
The operating rules setting out the terms referred to in the second paragraph come into force after being approved by Santé Québec’s board of directors.
2023, c. 34, s. 87.
Not in force
88. The national users’ committee’s functions are to
(1)  promote the improvement of the practices developed by users’ committees in the exercise of the functions entrusted to them by this Act;
(2)  support the exercise of the functions of those committees;
(3)  make recommendations to Santé Québec’s board of directors to improve access to services, the quality of services, and users’ living conditions;
(4)  give its opinion to Santé Québec’s board of directors on the national program on the quality of services referred to in section 74;
(5)  give the Minister its opinion on the problems faced by users and the solutions to those problems; and
(6)  perform any other function entrusted to it by Santé Québec’s board of directors or by the Minister.
2023, c. 34, s. 88.
Not in force
CHAPTER VI
NATIONAL REGISTER OF INCIDENTS AND ACCIDENTS
2023, c. 34, c. VI.
Not in force
89. To prevent the recurrence of incidents and accidents in the provision of health services and social services, Santé Québec establishes and maintains, from the content of the local registers referred to in paragraph 3 of section 176, a national register of incidents and accidents.
Santé Québec monitors and analyzes the causes of those incidents and accidents. In addition, Santé Québec takes measures to prevent them from recurring and, if applicable, control measures. Santé Québec also follows up on the application of such measures.
2023, c. 34, s. 89.
Not in force
90. Santé Québec sends to the Minister, each year and whenever the Minister so requests, according to the form and content and at the intervals determined by the Minister, a report on the incidents and accidents that occurred in the course of the provision of health services and social services.
In the report, Santé Québec states its main findings drawn from its analysis of the causes of the incidents and accidents and the prevention and control measures it intends to take as a priority.
The Minister publishes the report on the Minister’s department’s website.
2023, c. 34, s. 90.
Not in force
91. Santé Québec’s by-laws must provide rules concerning the disclosure to a user, to a representative of a user who is a minor or an incapable person of full age or, in the event of a user’s death, to a person related to the user of any necessary information when an accident occurs.
2023, c. 34, s. 91.
Not in force
CHAPTER VII
PUBLIC HEALTH DEPARTMENTS AND DIRECTORS
2023, c. 34, c. VII.
Not in force
92. A public health department must be formed for each health region.
Santé Québec must, with regard to each of those departments,
(1)  ensure the security and confidentiality of the personal or confidential information obtained in the exercise of the public health department’s functions; and
(2)  organize services and allocate resources for the purposes of the regional public health action plan provided for in the Public Health Act (chapter S-2.2).
2023, c. 34, s. 92.
Not in force
93. The Minister, on the recommendation of Santé Québec, appoints a public health director for each health region. The same person may be public health director for more than one health region.
A public health director must be a physician who holds a specialist’s certificate in public health and preventive medicine or who has five years of experience in the practice of public health. The director is appointed for a term not exceeding four years, at the expiry of which the director remains in office until replaced or reappointed.
The Minister appoints a person to represent the Minister in the public health director selection process.
2023, c. 34, s. 93.
Not in force
94. The Minister may, if a public health director is unable to act, commits a serious fault or tolerates a situation which could pose a threat to the health of the population, entrust, for the time and on the conditions the Minister considers appropriate, the functions and powers vested in that director to another public health director, the national public health director appointed under the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2) or a physician the Minister designates.
The Minister immediately notifies the president and chief executive officer and the board of directors of Santé Québec of the decision.
2023, c. 34, s. 94.
Not in force
95. Public health directors are responsible, in respect of their region,
(1)  for managing the regional public health action plan provided for by the Public Health Act (chapter S-2.2);
(2)  for informing the population of the general state of health of the individuals that make up that population, the major health problems, the groups most at risk, the principal risk factors and the interventions the public health director considers the most effective, for monitoring the evolution of those elements and, if applicable, for conducting the studies or research required for that purpose;
(3)  for identifying situations which could pose a threat to the population’s health and seeing to it that the measures necessary for its protection are put in place;
(4)  for ensuring expertise in public health and advising Santé Québec on prevention services conducive to reducing mortality and avoidable morbidity; and
(5)  for identifying the situations in which intersectorial action is necessary to prevent diseases, traumas or social problems that have an impact on the health of the population and, where the public health director considers it appropriate, for taking the measures considered necessary to foster such action.
Public health directors are also responsible for entrusting any mandate to the head of a clinical department of public health.
In addition, such directors exercise any other function entrusted to them by the Public Health Act.
2023, c. 34, s. 95.
Not in force
96. Public health directors carry out any other mandate entrusted to them by Santé Québec within the scope of their functions.
2023, c. 34, s. 96.
Not in force
97. Public health directors must, without delay, inform the national public health director of any emergency situation or of any situation posing a threat to the health of the population.
2023, c. 34, s. 97.
Not in force
98. The national public health director may request a public health director to report on decisions they made or opinions they gave on public health matters in the exercise of their functions.
The public health director sends the decisions made and opinions given to the national public health director in accordance with the terms determined by the latter.
2023, c. 34, s. 98.
Not in force
99. Physicians and dentists practising their profession within the public health department formed for a health region are members of the clinical department of public health established within a Santé Québec institution designated by Santé Québec’s board of directors under the second paragraph of section 214.
2023, c. 34, s. 99.
Not in force
100. Public health directors exercise the functions and responsibilities of a medical and professional services director set out in section 217, the first paragraph of section 218 and sections 219 to 221 with regard to the clinical department of public health referred to in section 99 and its head, with the necessary modifications. Moreover, that department’s rules for medical and dental care and rules for the use of medications must be approved beforehand by the public health director.
In addition to the responsibilities entrusted by this Act to the head of that clinical department, the latter carries out any mandate entrusted to them by the public health director.
2023, c. 34, s. 100.
Not in force
101. Santé Québec creates a panel called the “Table nationale de coordination de santé publique”. Chaired by the national public health director, the panel brings together the public health directors, the public health ministerial officials and the officials of the Institut national de santé publique. The panel may create thematic panels and other committees as needed.
2023, c. 34, s. 101.
TITLE IV
SPECIAL POWERS OF SANTÉ QUÉBEC, RESTRICTIONS TO CERTAIN OTHER POWERS, FINANCING, CONTRIBUTIONS AND FOUNDATIONS
2023, c. 34, Tit. IV.
CHAPTER I
SPECIAL POWERS OF SANTÉ QUÉBEC AND RESTRICTIONS TO CERTAIN OTHER POWERS
2023, c. 34, c. I.
102. Santé Québec may acquire, by expropriation, any immovable required for its purposes.
2023, c. 34, s. 102.
103. Despite section 6, Santé Québec may require private institutions and institutions governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) to use an information asset it determines.
In such a case, Santé Québec must take into account the guidelines, standards, strategies, directives, rules and application instructions made under the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03).
2023, c. 34, s. 103.
The expression “for the Inuit and Naskapi” is not in force (2023, c. 34, s. 1636, par. (2)).
104. Santé Québec may not, without the authorization of the Government,
(1)  contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government; or
(2)  in excess of the limits or in contravention of the terms and conditions determined by the Government,
(a)  make financial commitments;
(b)  acquire, hold, transfer or otherwise dispose of securities or other movable or immovable property;
(c)  accept a gift, a legacy or another contribution to which a charge or condition is attached or that has the immediate or foreseeable effect of increasing Santé Québec’s expenditures; or
(d)  renounce the exercise of a right.
The order that determines the limits and terms and conditions referred to in subparagraph 2 of the first paragraph is made on the recommendation of the Minister of Finance and the Chair of the Conseil du trésor.
The Government may, on the conditions and to the extent it determines, delegate to the Conseil du trésor or to the Minister the power to grant an authorization necessary under subparagraph 2 of the first paragraph, except as regards the acquisition, holding or transfer of securities and the financial commitments determined by a regulation made under the first paragraph of section 77.3 of the Financial Administration Act (chapter A-6.001).
2023, c. 34, s. 104.
105. Where a loan contracted by Santé Québec involves a sinking fund, the management of that fund may be entrusted to the Minister of Finance.
2023, c. 34, s. 105.
106. The Government may, subject to the terms and conditions it determines,
(1)  guarantee the payment of the principal of and interest on any loan contracted by Santé Québec and the performance of Santé Québec’s obligations; and
(2)  authorize the Minister of Finance to advance to Santé Québec any amount considered necessary for the pursuit of Santé Québec’s purposes.
The sums required for the purposes of this section are taken out of the Consolidated Revenue Fund.
2023, c. 34, s. 106.
107. Santé Québec may, on the conditions determined for that purpose by the Minister and in accordance with the law, enter into an agreement with a government other than that of Québec, a department of such a government, an international organization or an agency of such a government or organization for the carrying out of its functions.
2023, c. 34, s. 107.
108. Santé Québec must not call on a personnel placement agency’s services or on independent labour, except to the extent prescribed by government regulation.
The provisions of the second and third paragraphs of section 668 and those of section 669 are, in all other respects, applicable to such a regulation and to Santé Québec, with the necessary modifications.
2023, c. 34, s. 108.
CHAPTER II
FINANCING, CONTRIBUTIONS AND FOUNDATIONS
2023, c. 34, c. II.
DIVISION I
FINANCING
2023, c. 34, Div. I.
109. Santé Québec finances its activities out of the revenue derived from the subsidies it receives, the duties, fees, dues and other types of remuneration it charges and the other sums to which it is entitled.
2023, c. 34, s. 109.
110. Each year, after consulting Santé Québec, the Minister establishes budgetary rules to determine the amount of expenditures that are eligible for subsidies to be allocated to Santé Québec for the financing of the health and social services system.
The budgetary rules must be submitted to the Conseil du trésor for approval and, once approved, are public.
2023, c. 34, s. 110.
111. Each year, the Minister establishes special budgetary rules applicable to Santé Québec with respect to its management, which rules must provide for separate accounting records to be kept for each service program.
In addition, each year, the Minister establishes special budgetary rules for the granting of subsidies by Santé Québec to community organizations, and to any person or body that is eligible or that fulfills a special obligation arising from this Act or an agreement entered into in accordance with this Act.
The budgetary rules referred to in the second paragraph must be submitted to the Conseil du trésor for approval and, once approved, are public.
In this Act, “community organization” means a legal person constituted under an Act of Québec for non-profit purposes whose affairs are administered by a board of directors composed in the majority of users of the services offered by the organization or of members of the community served by the organization and whose activities are related to the field of health and social services.
2023, c. 34, s. 111.
112. The special budgetary rules referred to in the second paragraph of section 111 may provide that the granting of a subsidy may be
(1)  made on the basis of general standards applicable to all those eligible or on the basis of special standards applicable to only some of them;
(2)  subject to general conditions applicable to all those eligible or to special conditions applicable to only one or some of them;
(3)  subject to authorization by the Minister; or
(4)  made to only one or some of those eligible.
2023, c. 34, s. 112.
113. The budgetary rules referred to in sections 110 and 111 may also deal with
(1)  the use of the revenue that may be collected and of the financial contributions that must be required under this Act, and their effects on the calculation or payment of subsidies; and
(2)  the frequency of instalments and other terms and conditions of payment of a subsidy.
2023, c. 34, s. 113.
Not in force
114. For the purpose of granting subsidies to community organizations, Santé Québec develops a financial assistance program, in keeping with the budgetary rules applicable. Santé Québec must also develop such a program for the granting of subsidies to any person or other group that the Conseil du trésor may designate from among those referred to in the second paragraph of section 111.
A financial assistance program sets out the eligibility criteria for subsidies, the scales and limits of the subsidies, and the terms governing their allocation.
Any financial assistance program developed under this section is to be submitted to the Conseil du trésor and to the Minister for approval.
2023, c. 34, s. 114.
Not in force
115. Santé Québec sees to it that the resources necessary for financing the health and social services system are allocated among the regions, according to the populations to be served, their social and health characteristics, and regional characteristics and needs.
Santé Québec establishes resource allocation mechanisms in order to allow the institutions to manage the resource envelopes allocated to them.
2023, c. 34, s. 115.
Not in force
DIVISION II
CONTRIBUTIONS AND FOUNDATIONS
2023, c. 34, Div. II.
Not in force
116. Santé Québec must allocate to one of its institutions the gifts, legacies and other contributions that it receives and that the contributors intended for that institution.
Santé Québec must also allocate the revenues generated by an institution’s research or innovation activities to that institution.
For those purposes, Santé Québec keeps separate accounting records for contributions of a financial nature.
2023, c. 34, s. 116.
Not in force
117. Unless the contributor has expressed a wish to the contrary, Santé Québec must entrust the administration of any financial contribution it receives and that is intended for one of its institutions to a foundation of that institution, if there is a foundation, until the institution’s president and executive director or the person designated by the latter is of the opinion that it is possible to dispose of the contribution in accordance with its allocation.
The foundation acts as an administrator of the property of others charged with full administration, unless Santé Québec charges the foundation with simple administration only.
The first paragraph does not apply where the foundation has been found guilty of an offence or an indictable offence involving fraud or dishonesty.
2023, c. 34, s. 117.
Not in force
118. Santé Québec must allocate the gifts, legacies and other contributions, as well as the assets derived from them, to the institution for which they were intended before the application of section 1492.
2023, c. 34, s. 118.
Not in force
119. Where Santé Québec receives a contribution allocated by its contributor for special purposes or to provide a Santé Québec institution with capital that must be preserved and of which only the income may be used, if it does not entrust the contribution to a foundation of an institution in accordance with section 117, it must deposit or invest the contribution in accordance with the provisions of the Civil Code respecting investments presumed sound, until it disposes of the contribution in accordance with its allocation.
2023, c. 34, s. 119.
Not in force
120. For the purposes of this Act, a non-profit legal person that meets the following conditions is considered to be a foundation of an institution:
(1)  its object is, essentially, to collect contributions made for the benefit of a Santé Québec institution designated by name in its constituting act or for the benefit of another institution substituted for it by Santé Québec’s board of directors; and
(2)  its principal object is to collect contributions for the benefit of all or part of the mission pursued by such an institution, to be used for any of the following purposes:
(a)  the purchase, construction, renovation, improvement, enlargement or development of immovable property put at the disposal of the institution;
(b)  the purchase, installation, improvement or replacement of furnishings, equipment or tools put at the disposal of the institution;
(c)  the research and innovation activities of the institution;
(d)  the improvement of the quality of life of the users of the institution; or
(e)  the training and development of the human resources carrying on their activities within the institution for specific needs.
2023, c. 34, s. 120.
Not in force
121. No contribution allocated to an institution under section 116 and received by Santé Québec from a foundation of that institution may be reallocated for a purpose other than the one for which it was received or to another institution without the foundation’s authorization.
2023, c. 34, s. 121.
Not in force
122. Except for the first paragraph of section 116, the provisions of this division do not apply to a subsidy paid to Santé Québec under Division I.
Unless the contributor has expressed a desire to the contrary, the same applies to the following contributions:
(1)  a contribution that comes, even indirectly, from the Consolidated Revenue Fund;
(2)  a contribution paid by a person or group whose results are consolidated in the Government’s financial statements referred to in paragraph 1 of section 86 of the Financial Administration Act (chapter A-6.001);
(3)  a contribution paid by a government in Canada other than that of Québec, one of that government’s departments, one of its government agencies or a federal public agency within the meaning assigned to the latter two expressions by the Act respecting the Ministère du Conseil exécutif (chapter M-30); and
(4)  a contribution paid under an instrument entered into before the coming into force of section 117.
2023, c. 34, s. 122.
Not in force
123. The provisions of this division, other than the second paragraph of section 117, do not restrict or withdraw the powers of an institution’s foundation in administering the gifts, legacies and other contributions it receives.
2023, c. 34, s. 123.
TITLE V
STRATEGIC PLAN, ACCOUNTS AND REPORTS
2023, c. 34, Tit. V.
124. The strategic plan of Santé Québec is established according to the form and content and at the intervals determined by the Government. It must indicate, in particular,
(1)  the context in which Santé Québec acts and the main challenges it faces;
(2)  the objectives and strategic orientations of Santé Québec;
(3)  the results targeted over the period covered by the plan;
(4)  the performance indicators to be used in measuring the achievement of results; and
(5)  any other element determined by the Minister.
2023, c. 34, s. 124.
125. In drawing up Santé Québec’s strategic plan, the board of directors must consult the institution boards of directors.
2023, c. 34, s. 125.
126. Santé Québec’s fiscal year ends on 31 March.
2023, c. 34, s. 126.
127. Not later than 30 June each year, Santé Québec must file its financial statements and an annual management report for the preceding fiscal year with the Minister.
In addition to the information required under the Act respecting the governance of state-owned enterprises (chapter G-1.02), the annual management report must include
(1)  Santé Québec’s staffing numbers;
(2)  the average remuneration, including variable remuneration and other benefits, paid to its employees and the standard deviation;
(3)  a summary of the report submitted to Santé Québec’s board of directors by the national watchdog committee;
(4)  a description of the interregional resource allocation method used under the first paragraph of section 115, and the reasons for the method chosen;
(5)  the mechanisms put in place in accordance with subparagraph 8 of the first paragraph of section 27; and
(6)  the difficulties encountered during the fiscal year concerning access to health services and social services required by users of the institutions, and the difficulties relating to services in the field of health and social services that are subject to the access mechanisms Santé Québec put in place.
The annual management report must also account for the monitoring of the indicators referred to in paragraph 4 of section 124.
Moreover, the financial statements and the annual management report must contain any information required by the Minister.
2023, c. 34, s. 127.
Not in force
128. Santé Québec sends the Minister, in the form determined by the Minister, a monthly financial report and a monthly estimate of expenditures regarding the operation of Santé Québec, not later than the 30th day after the end of the month concerned. It sends the Minister a preliminary version of the monthly financial report not later than the 10th working day after the end of the month concerned.
The Minister provides, within the same time, a reproduction of each of those versions to the Minister of Finance and to the Chair of the Conseil du trésor.
The reports referred to in the first paragraph must contain any information required by the Minister.
In addition, Santé Québec sends the Minister any other report on the matters referred to in the first paragraph according to the form and content and at the intervals determined by the Minister.
2023, c. 34, s. 128.
129. Santé Québec must communicate to the Minister, in the form and at the intervals determined by the Minister, any information the Minister requires concerning Santé Québec’s activities.
2023, c. 34, s. 129.
130. The Minister tables the financial statements and the annual management report of Santé Québec referred to in section 127 in the National Assembly within 30 days of receiving them or, if the Assembly is not sitting, within 30 days of resumption.
2023, c. 34, s. 130.
131. Santé Québec’s books and accounts are audited by the Auditor General every year and whenever the Government so orders.
The Auditor General’s report must be submitted with Santé Québec’s annual management report and financial statements.
2023, c. 34, s. 131.
Not in force
PART III
INSTITUTIONS, PROVISION OF HEALTH SERVICES AND SOCIAL SERVICES AND UNIVERSITY AFFAIRS
2023, c. 34, Part III.
Not in force
TITLE I
ORGANIZATION AND GOVERNANCE OF INSTITUTIONS
2023, c. 34, Tit. I.
Not in force
CHAPTER I
SANTÉ QUÉBEC INSTITUTIONS
2023, c. 34, c. I.
Not in force
DIVISION I
INSTITUTION BOARD OF DIRECTORS AND COMMITTEES FORMED BY THE INSTITUTION BOARD OF DIRECTORS
2023, c. 34, Div. I.
Not in force
§ 1.  — Establishment, composition and operation of institution boards of directors
2023, c. 34, Sd. 1.
Not in force
132. An institution board of directors is established in each Santé Québec institution.
2023, c. 34, s. 132.
Not in force
133. The institution board of directors is composed of the president and executive director and of the following persons appointed for a four-year term by Santé Québec’s board of directors:
(1)  two users of the institution;
(2)  six persons who collectively have the appropriate competence and expertise in the following fields:
(a)  expertise in community organizations;
(b)  expertise in the business sector;
(c)  competence in governance, performance, quality management or ethics;
(d)  competence in risk management, finance or accounting;
(e)  competence in human resources; and
(f)  competence in immovable or information resources;
(3)  two persons representing the teaching and research sector;
(4)  three persons representing the personnel and the other persons performing their activities within the institution, including one person having experience relevant to the provision of health services and another person having experience relevant to the provision of social services;
(5)  in the case of a territorial institution, one to three elected municipal officers from the territory served by the institution, without exceeding the number of local health and social services networks for which the institution is responsible and with not more than one person being from the same local health and social services network territory; and
(6)  in the case of an institution that is other than territorial, one person representing territorial institutions served by the institution.
In addition, the institution board of directors includes the following members designated for a four-year term:
(1)  one representative designated by the institution’s foundation or, if there is more than one foundation, by its foundations; and
(2)  one user of the institution designated by the institution’s users’ committee.
2023, c. 34, s. 133.
Not in force
134. Santé Québec’s board of directors chooses the persons it appoints under subparagraphs 1 and 3 to 5 of the first paragraph of section 133 from among the candidates mentioned in the lists drawn up by the president and executive director of the institution.
Despite subparagraph 1 of the first paragraph of section 133, a person who, in the opinion of the president and executive director of the institution concerned, is able to represent the interests of all users may be substituted for a user, where the specialization of the services offered by an institution to its users make it difficult to appoint them as members of the institution board of directors. In the same circumstances, the users’ committee may make such a substitution despite subparagraph 2 of the second paragraph of section 133.
The president and executive director consults the institution’s users’ committee and the regional committee formed for the health region under section 417 before drawing up the list of candidates from which the board of directors will select the users it appoints under subparagraph 1 of the first paragraph of section 133.
The president and executive director consults the educational institutions concerned before drawing up the list of candidates from which the board of directors will choose the persons representing the teaching and research sector whom the president and executive director appoints under subparagraph 3 of the first paragraph of section 133.
Santé Québec’s by-laws may prescribe the other terms and conditions for drawing up of the lists of candidates.
2023, c. 34, s. 134.
Not in force
135. The number of women on the institution board of directors must correspond to a proportion of at least 40% of the total number of persons who are members of the board.
2023, c. 34, s. 135.
Not in force
136. The institution board of directors must include at least one member 35 years of age or under at the time of appointment.
2023, c. 34, s. 136.
Not in force
137. The institution board of directors must include at least one member who, in the opinion of Santé Québec’s board of directors, is representative of the diversity of Québec society.
Where, in the opinion of the board of directors, the health needs of the communities forming the population served by the institution justify it, that number is increased to two members, including one Indigenous person. Santé Québec’s by-laws must prescribe the consultation process leading to that appointment.
2023, c. 34, s. 137.
Not in force
138. At least two-thirds of the institution board of directors’ members referred to in subparagraphs 1 and 2 of the first paragraph of section 133 must qualify as independent members in the opinion of Santé Québec’s board of directors.
Members qualify as independent members if they have no direct or indirect relationships or interests, in particular of a financial, commercial, professional or philanthropic nature, that could interfere with the quality of their decisions as regards Santé Québec’s interests.
The following are deemed not to be independent members:
(1)  members who are in the employ of or practise within Santé Québec or who, in the three years preceding appointment to office, were in the employ of or practised within Santé Québec;
(2)  members who are in the employ of the Government or a government agency within the meaning of section 4 of the Auditor General Act (chapter V-5.01); and
(3)  members having an immediate family member who is a senior officer of Santé Québec.
2023, c. 34, s. 138.
Not in force
139. For a member of the institution board of directors having the status of independent member, the sole fact of being in a limited and specific conflict of interest situation does not disqualify the member as an independent member.
2023, c. 34, s. 139.
Not in force
140. A member of the institution board of directors appointed as an independent member must disclose in writing to Santé Québec’s board of directors any situation that could affect the member’s status.
2023, c. 34, s. 140.
Not in force
141. No act or document, or decision, of an institution board of directors is invalid because less than two-thirds of the board members referred to in subparagraphs 1 and 2 of the first paragraph of section 133 are independent members, or because the requirements prescribed in sections 135, 136 or 137 are not met.
2023, c. 34, s. 141.
Not in force
142. When appointing a member to the institution board of directors, Santé Québec’s board of directors must take into account the sociocultural, ethnocultural, linguistic or demographic composition of the user population the institution serves. It must also ensure adequate representation of the population of the various parts of the territory served by the institution.
More specifically, before appointing a person under subparagraph a of subparagraph 2 of the first paragraph of section 133, Santé Québec’s board of directors must consult the bodies it considers representative of the community sector.
2023, c. 34, s. 142.
Not in force
143. The following cannot be members of the institution board of directors:
(1)  persons disqualified for office as directors under the Civil Code;
(2)  persons not residing in Québec;
(3)  persons found guilty, in the last five years, of a crime punishable by three years of imprisonment or more, unless they obtained a pardon; or
(4)  persons who, in the last three years, were
(a)  forfeited of office as a member of the board of directors of a private institution; or
(b)  found guilty of an offence against this Act or the regulations, unless they obtained a pardon.
2023, c. 34, s. 143.
Not in force
144. At the expiry of their term, the members of the institution board of directors remain in office until they are replaced or reappointed.
2023, c. 34, s. 144.
Not in force
145. In accordance with the parameters defined by the Minister, Santé Québec remunerates the members of each institution board of directors, other than the president and executive director, to the extent and on the conditions it determines.
The members of an institution board of directors are also entitled to the reimbursement of expenses incurred in the exercise of their functions, to the extent and on the conditions determined by Santé Québec.
2023, c. 34, s. 145.
Not in force
146. Members of an institution board of directors may not, unless duly authorized, disclose or communicate to anyone confidential information obtained in or in connection with the carrying out of the functions of office. They may not use information thus obtained for their profit or the profit of third persons.
2023, c. 34, s. 146.
Not in force
147. Members of the institution board of directors designate a chair and a vice-chair from among their members who qualify as independent members; their term of office as such may not exceed four years.
2023, c. 34, s. 147.
Not in force
148. The chair of the institution board of directors presides over the meetings, sees to its proper functioning and assumes all other functions assigned to the chair by the institution board.
The vice-chair replaces the chair when the chair is absent or unable to act.
2023, c. 34, s. 148.
Not in force
149. The by-laws of a Santé Québec institution set out the institution board of directors’ operating rules.
2023, c. 34, s. 149.
Not in force
150. The institution board of directors establishes the institution’s strategic directions, sees to their implementation and inquires into any matter it considers important regarding the activities for which the powers of Santé Québec’s board of directors have been delegated to it under section 52.
The institution board of directors may, on the terms and conditions it determines, delegate the powers delegated to it under section 52 to the president and executive director and allow the latter to subdelegate those powers to another personnel member assigned to performing tasks within the institution.
2023, c. 34, s. 150.
Not in force
§ 2.  — Functions of institution boards of directors
2023, c. 34, Sd. 2.
Not in force
151. The institution board of directors, in addition to the functions conferred on it by this Act, may give its opinion to the president and executive director on any subject concerning the institution’s activities and governance, including
(1)  the administrative, professional and scientific organization of the institution;
(2)  the provision of services within the institution, particularly with regard to
(a)  users’ experience with regard to the health services and social services offered by the institution;
(b)  complaint management;
(c)  the social and health needs and the distinctive characteristics of the communities forming the population served by the institution; and
(d)  the accessibility of health services and social services;
(3)  the recommendations made by the advisory committee referred to in section 160;
(4)  the maintenance and development of the institution’s organizational culture; and
(5)  the management of the resources available to the institution.
The institution board of directors may also give its opinion to the president and executive director on the manner in which resources are allocated among the regions under the first paragraph of section 115.
The institution board of directors may require the president and executive director to follow up on an opinion it has given. The president and executive director must communicate to the institution board the reasons for any refusal to follow up on such an opinion.
2023, c. 34, s. 151.
Not in force
152. The institution board of directors maintains relations with the communities forming the population served by the institution and any other relations it considers necessary for the exercise of its functions. As needed, it holds consultations, asks for opinions and receives and hears the requests and suggestions from persons, bodies or associations. It may also create subcommittees.
2023, c. 34, s. 152.
Not in force
153. The institution board of directors must make an annual assessment of users’ experience with regard to the health services and social services offered by the institution and of the health and social needs of the communities forming the population served by the institution.
An institution may use the name, address, telephone number and other contact information for reaching a user that are contained in the user’s record to make surveys to ascertain user expectations and satisfaction with regard to the quality of the services offered by the institution.
A user may, at any time, request the institution to no longer use the information concerning them for such a purpose.
2023, c. 34, s. 153.
Not in force
154. Each year, the institution board of directors submits a report to Santé Québec’s board of directors, in the form determined by the latter, on the exercise of its functions and the opinions resulting from it.
2023, c. 34, s. 154.
Not in force
§ 3.  — Committees formed by the institution board of directors
2023, c. 34, Sd. 3.
Not in force
I.  — Watchdog committee
2023, c. 34, Sd. I.
Not in force
155. The institution board of directors must create a watchdog committee.
2023, c. 34, s. 155.
Not in force
156. The watchdog committee is mainly responsible for ensuring the follow-up, with the institution board of directors, of the following recommendations:
(1)  the recommendations made by the service quality and complaints commissioner regarding
(a)  complaints or interventions made in accordance with the provisions of this Act; and
(b)  reports of maltreatment made within the scope of the anti-maltreatment policy adopted under the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3); and
(2)  the recommendations of the Health and Social Services Ombudsman regarding
(a)  complaints made in accordance with the provisions of the Act respecting the Health and Social Services Ombudsman (chapter P-31.1); and
(b)  interventions made in accordance with the provisions of that Act.
The committee is also responsible for overseeing all the activities of the other entities established within the institution to exercise responsibilities relating to accessibility to services, the pertinence, quality, safety or effectiveness of the services provided, respect for users’ rights or the handling of user complaints, and for ensuring follow-up of the recommendations of those other entities.
2023, c. 34, s. 156.
Not in force
157. The watchdog committee is composed of the following five persons:
(1)  the president and executive director;
(2)  the service quality and complaints commissioner;
(3)  two persons chosen by the institution board of directors from among its members who do not work for Santé Québec or who do not practise their profession within a Santé Québec institution; and
(4)  the user designated under subparagraph 2 of the second paragraph of section 133.
2023, c. 34, s. 157.
Not in force
158. The watchdog committee sees to it that the institution board of directors carries out in an effective manner the functions conferred on it by subparagraph 2 of the first paragraph of section 151 and any other function it exercises, where applicable, in relation to service quality.
To that end, the watchdog committee must, in particular,
(1)  analyze the reports and the recommendations sent to the institution board of directors concerning accessibility to services, the pertinence, quality, safety or effectiveness of the services provided, respect for users’ rights or the handling of user complaints;
(2)  establish systemic links between those reports and those recommendations and draw from them the conclusions necessary to make recommendations under subparagraph 3;
(3)  make recommendations to the institution board of directors on the action to be taken following those reports or those recommendations in order to improve access to services and the quality of user services;
(4)  ensure the follow-up, with the institution board of directors, of the board’s implementation of the recommendations made under subparagraph 3;
(5)  promote joint action and cooperation among the actors concerned by subparagraph 1; and
(6)  exercise any other function that the institution board of directors considers useful in fulfilling the mandate entrusted to the committee under the first paragraph.
2023, c. 34, s. 158.
Not in force
159. The watchdog committee reports to the national watchdog committee, at the intervals determined by the latter, on the action taken following its recommendations and on its activities.
2023, c. 34, s. 159.
Not in force
II.  — Advisory committee
2023, c. 34, Sd. II.
Not in force
160. The institution board of directors of a territorial institution must, at the request of one or more groups formed of employees or professionals working within a facility of the institution, or of persons belonging to a community it serves, establish one advisory committee per group of facilities.
2023, c. 34, s. 160.
Not in force
161. The advisory committee is charged with making recommendations to the institution board of directors on the means to be implemented to preserve the cultural, historic, linguistic or local character of the institution with regard to the facilities designated in the request made under section 160 and, if applicable, with establishing the necessary ties with the institutions’ foundations as well as the persons in charge of research activities.
The committee must establish its operating rules.
2023, c. 34, s. 161.
Not in force
162. The advisory committee is composed of seven members who are qualified to carry out its mandate and are appointed by the institution board of directors. For that purpose, the institution board of directors must invite interested groups to provide it with lists of names from which it selects the committee members.
2023, c. 34, s. 162.
Not in force
III.  — Other committees
2023, c. 34, Sd. III.
Not in force
163. In addition to the watchdog committee and the advisory committee, the institution board of directors may establish any other committee to advise it in the exercise of its functions. It determines the composition, functions, duties and powers of the committee, and the rules governing the administration of its affairs and its internal management.
2023, c. 34, s. 163.
Not in force
DIVISION II
PRESIDENT AND EXECUTIVE DIRECTOR AND ASSISTANT PRESIDENT AND EXECUTIVE DIRECTOR
2023, c. 34, Div. II.
Not in force
§ 1.  — President and executive director
2023, c. 34, Sd. 1.
Not in force
164. Santé Québec’s board of directors appoints the president and executive director of a Santé Québec institution.
The board of directors must consult the institution board of directors before appointing the president and executive director, unless the standards and scales prescribed under section 59 provide for the participation of members of the institution board of directors for the selection of the president and executive director.
2023, c. 34, s. 164.
Not in force
165. Under the immediate authority of the president and chief executive officer, the president and executive director appointed under section 164 is the most senior officer of the institution. The president and executive director is responsible for the administration and operation of the institution within the scope of Santé Québec’s by-laws. In particular, the president and executive director sees to it that the obligations incumbent on the institution are carried out in full, properly and without delay.
The president and executive director exercises the functions of office on a full-time basis, sees to it that the decisions of Santé Québec’s board of directors are carried out, and ensures that all the information the board requires, or needs in order to assume its responsibilities, is transmitted to it.
The president and executive director must also ensure that the clinical activity within the institution is coordinated and supervised.
The provisions of the Act respecting the governance of state-owned enterprises (chapter G-1.02) that concern the president and chief executive officer of a state-owned enterprise do not apply to the president and executive director of the institution.
2023, c. 34, s. 165.
Not in force
166. The president and executive director determines the administrative, professional and scientific organization of the Santé Québec institution to the extent necessary for complementing the provisions of this Act and Santé Québec’s by-laws; to that end, the president and executive director may provide for administrative structures, departments, services and clinical programs.
The provisions taken by the president and executive director concerning the administrative, professional and scientific organization of the Santé Québec institution in accordance with the first paragraph are submitted to the president and chief executive officer, who may approve them, with or without amendment.
Subject to Santé Québec’s by-laws, the president and executive director appoints the members of Santé Québec’s personnel under the president and executive director’s authority.
2023, c. 34, s. 166.
Not in force
167. In determining the institution’s administrative, professional and scientific organization, the president and executive director must favour proximity management.
To that end, the president and executive director must ensure that, for each facility maintained by the institution, at least one person is put in charge of ensuring the proper conduct of the institution’s activities and of detecting abnormal situations in a timely manner. That person must have the authority necessary to diligently remedy such a situation or have free access to the person having such authority.
2023, c. 34, s. 167.
Not in force
168. The powers relating to the philanthropic activities benefitting an institution are exercised by the institution’s president and executive director.
Consequently, the president and executive director is responsible for, among other things, determining the institution’s needs to which a foundation of the institution could respond, and may enter into any agreement concerning the receipt of gifts and make any other juridical act necessary for exercising the powers referred to in the first paragraph.
The president and executive director may delegate those powers to another personnel member assigned to performing tasks within the institution.
2023, c. 34, s. 168.
Not in force
169. The president and executive director makes the institution’s by-laws. The by-laws come into force after being approved, with or without amendment, by the president and chief executive officer of Santé Québec.
2023, c. 34, s. 169.
Not in force
170. Santé Québec sees to ensuring the succession of the president and executive directors.
2023, c. 34, s. 170.
Not in force
§ 2.  — Assistant president and executive director
2023, c. 34, Sd. 2.
Not in force
171. The president and executive director may be assisted by the number of assistant president and executive directors determined by Santé Québec’s board of directors. They are appointed by the board of directors.
The board of directors must consult the institution board of directors before appointing an assistant president and executive director, unless the standards and scales prescribed under section 59 provide for the participation of members of the institution board of directors for the selection of an assistant president and executive director.
An assistant president and executive director exercises the functions and powers of the president and executive director if the latter is absent or unable to act. If the position of president and executive director is vacant, an assistant president and executive director acts in the interim until a new president and executive director is appointed.
Where more than one assistant president and executive director has been appointed, Santé Québec’s board of directors designates which one of them is to assume the functions referred to in the third paragraph.
The person who holds the position of assistant president and executive director must exercise the functions of office on a full-time basis within the institution.
2023, c. 34, s. 171.
Not in force
§ 3.  — Common provisions
2023, c. 34, Sd. 3.
Not in force
172. The president and executive director and any person exercising management responsibilities under the immediate authority of the president and executive director must devote themselves exclusively to the work of the institution and the duties of their functions.
However, with the consent of the president and chief executive officer, they may engage in other professional activities, whether remunerated or not. They may also carry out any mandate the president and chief executive officer entrusts to them.
In the case of a contravention of this section, sanctions which may include dismissal may be imposed on the offender.
2023, c. 34, s. 172.
Not in force
173. Santé Québec must ensure that a continuing training program is offered to the president and executive directors and, if applicable, to the assistant president and executive directors.
2023, c. 34, s. 173.
Not in force
DIVISION III
RISK MANAGEMENT COMMITTEE, USERS’ COMMITTEE AND RESIDENTS’ COMMITTEE
2023, c. 34, Div. III.
Not in force
§ 1.  — Risk management committee
2023, c. 34, Sd. 1.
Not in force
174. A risk management committee is established for each Santé Québec institution. The institution’s president and executive director appoints its members.
Santé Québec’s by-laws prescribe the number of members on the committee and set out its operating rules.
2023, c. 34, s. 174.
Not in force
175. The composition of the risk management committee must ensure a balanced representation of the following classes of persons:
(1)  Santé Québec personnel assigned to performing tasks within the institution;
(2)  users;
(3)  persons who practise their profession within the institution; and
(4)  if applicable, persons who, under a service contract, provide services to users in the institution on its behalf.
The president and executive director or the person designated by the latter is a committee member by virtue of office.
2023, c. 34, s. 175.
Not in force
176. The functions of the risk management committee include seeking, developing and promoting ways to
(1)  identify and analyze the risks of incidents or accidents in order to ensure the safety of users and, in particular in the case of infections associated with the provision of services, prevent their occurrence and control their recurrence;
(2)  make sure that support is provided to the user who suffers the consequences of the accident and their close relations; and
(3)  ensure that a monitoring system is put in place, including the establishment of a local register of incidents and accidents for the purpose of analyzing their causes, and recommend to the president and executive director measures to prevent them from recurring and any appropriate control measures.
The risk management committee forwards a reproduction of its recommendations to the watchdog committee referred to in section 155.
2023, c. 34, s. 176.
Not in force
177. The answers given by a person in the course of risk management activities, including any information or document provided in good faith by the person in response to a request of a risk manager or a risk management committee, may not be used or be admitted as evidence against the person or against any other person in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions.
Despite any inconsistent provision, a risk manager or a member of a risk management committee may not be compelled to testify in a judicial proceeding or a proceeding before a person or body exercising adjudicative functions concerning any confidential information obtained in the exercise of their functions, or to produce a document containing such information, except to confirm its confidential nature.
Nothing contained in a risk management record, including the conclusions with reasons and, if applicable, any recommendations accompanying them, may be construed as a declaration, recognition or extrajudicial admission of professional, administrative or other misconduct that could give rise to the civil liability of a party in a judicial proceeding.
2023, c. 34, s. 177.
Not in force
178. Despite the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the records and minutes of a risk management committee are confidential.
No one may examine the minutes of a risk management committee, except the members of the committee, the persons responsible for assessing compliance with the national program on the quality of services referred to in section 74 or the representatives of a professional order in the exercise of their functions provided for by law.
2023, c. 34, s. 178.
Not in force
§ 2.  — Users’ committee and residents’ committee
2023, c. 34, Sd. 2.
Not in force
179. A users’ committee is established for each Santé Québec institution.
2023, c. 34, s. 179.
Not in force
180. Where a Santé Québec institution offers services to users lodged in its facilities, a residents’ committee is established in each facility where such users are lodged.
However, in the case of a facility that provides lodging to fewer than 10 users or in which the majority of the users are expected to be lodged for a period of less than six months, or where establishing a residents’ committee is difficult to achieve in the circumstances, the president and executive director may, after consulting the facility’s users’ committee, as applicable,
(1)  entrust the exercise of the functions of the residents’ committee to the users’ committee, without a residents’ committee being established in that facility; or
(2)  form a residents’ committee common to a number of facilities grouped by the president and executive director.
Each year, the president and executive director must assess the effectiveness of the measure chosen under the second paragraph and, if need be, modify it in accordance with this section.
2023, c. 34, s. 180.
Not in force
181. Subject to section 182, each users’ committee and each residents’ committee determines its composition.
The composition of any new committee is determined by the national users’ committee in compliance with section 182, until the new committee changes that composition under the first paragraph.
A users’ committee may provide for the formation of other committees within itself, or for the amalgamation or dissolution of existing committees.
The national users’ committee prescribes the rules according to which a users’ committee is required to create a committee within itself and the rules according to which such committees may be amalgamated or dissolved.
2023, c. 34, s. 181.
Not in force
182. An institution’s users’ committee is composed of at least seven members elected by all the institution’s users and of at least one representative designated by and from among each of the residents’ committees.
Every residents’ committee is composed of at least three members elected by the residents.
2023, c. 34, s. 182.
Not in force
183. A majority of the members of a users’ committee must be users, and a majority of the members of a residents’ committee must be residents.
If such a majority is impossible to achieve, the users or the residents may elect any other person of their choice, provided that person does not work for Santé Québec or practise their profession within the institution.
Despite the second paragraph, a person acting as an informal caregiver of a user may be elected to sit on a users’ committee even if the person works for Santé Québec or practices their profession within the institution.
Similarly, a person acting as an informal caregiver of a resident may be elected to sit on a residents’ committee even if the person works for Santé Québec or practices their profession within the institution, provided the committee is not the residents’ committee established for the facility in which the person works or practices their profession, as applicable.
2023, c. 34, s. 183.
Not in force
184. The term of office of the members of the users’ committee and of the members of any residents’ committee must not exceed four years. The national users’ committee may prescribe rules relating to renewal of the term.
At the expiry of their terms, members remain in office until they are replaced or re-elected.
2023, c. 34, s. 184.
Not in force
185. The functions of a users’ committee or a residents’ committee are
(1)  in respect of users or, as applicable, residents:
(a)  to inform them of their rights and obligations;
(b)  to foster the improvement of the quality of the living conditions of users and residents and to participate in the assessment of their degree of satisfaction with regard to the services obtained from the institution; and
(c)  to defend their common rights and interests;
(2)  at the request of a person, to defend the person’s rights and interests as a user or a resident before any competent authority; and
(3)  to accompany and assist, on request, a user or a resident, as applicable, in any action the user or resident undertakes, including when they wish to file a complaint in accordance with the provisions of Part VII of this Act or under the Act respecting the Health and Social Services Ombudsman (chapter P-31.1).
In addition, a users’ committee’s functions include
(1)  ensuring the proper functioning of each of the residents’ committees, if applicable, and seeing that they have the resources necessary to exercise their functions; and
(2)  assessing, if applicable, the effectiveness of any measure implemented under the second paragraph of section 180.
Furthermore, the committees establish their operating rules.
2023, c. 34, s. 185.
Not in force
186. Each year, the users’ committee of an institution submits a report of its activities to the institution board of directors and to the national users’ committee. Any committee formed within a users’ committee and any residents’ committee submit such a report to the users’ committee to which it is attached.
The report of an institution’s users’ committee must outline the reports obtained, where applicable, from the committees formed within the users’ committee and from the residents’ committees.
2023, c. 34, s. 186.
Not in force
187. The president and executive director must foster the proper functioning of the users’ committee and of any residents’ committee and see to it that every user is informed in writing of the existence of those committees.
The president and executive director must grant those committees the sums provided for that purpose in the institution’s operating budget and any other sum received by the institution that is intended for the committees, and must put them at their disposal without delay. The president and executive director must also allow those committees to use a room for their activities and make it possible for the members to keep their committee’s records in such a manner as to ensure their confidentiality.
2023, c. 34, s. 187.
Not in force
188. The Minister may determine orientations and budgetary parameters that promote the adoption of best practices by users’ committees and residents’ committees, the optimal use of the financing intended for them and their proper functioning.
Santé Québec reports to the Minister on the implementation of those orientations and parameters, according to the form and content and at the intervals determined by the Minister.
2023, c. 34, s. 188.
Not in force
DIVISION IV
CLINICAL GOVERNANCE
2023, c. 34, Div. IV.
Not in force
§ 1.  — Interdisciplinary council for the evaluation of trajectories and clinical organization
2023, c. 34, Sd. 1.
Not in force
I.  — Functions and composition
2023, c. 34, Sd. I.
Not in force
189. Santé Québec institutions each have an interdisciplinary council for the evaluation of trajectories and clinical organization.
The council exercises the following functions:
(1)  monitoring and assessing the quality, including the pertinence, of clinical services trajectories within the institution and ensuring their follow-up;
(2)  making any recommendation concerning the trajectories to the president and executive director;
(3)  giving its opinion and making recommendations to the institution’s president and executive director regarding
(a)  the professional aspects of the institution’s technical, scientific and clinical organization;
(b)  the distribution of clinical services; and
(c)  innovative approaches in services and their impacts on the health and well-being of the population; and
(4)  carrying out any other function entrusted to it by the president and executive director.
In exercising its functions, the council must take into account the clinical services offered outside the institution that are related to the clinical services trajectories within the institution. It must also take into account the impact, on the clinical services offered outside the institution, of the opinions it gives and the recommendations it makes.
In exercising its functions, the council takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.
2023, c. 34, s. 189.
Not in force
190. The interdisciplinary council is composed of an equal number of members from each of the following councils, including the chair of each council’s executive committee:
(1)  the council of physicians, dentists, pharmacists and midwives referred to in section 203;
(2)  the council of nurses referred to in section 300;
(3)  the council of multidisciplinary health services referred to in section 311; and
(4)  the council of multidisciplinary social services referred to in section 320.
The institution’s by-laws determine the number of members from the councils referred to in subparagraphs 1 to 4 of the first paragraph, and set out the terms governing the election of those persons from among those belonging to the same council.
The interdisciplinary council may, to the extent allowed by Santé Québec’s board of directors, depart from the first paragraph to provide for an unequal number of members from each of the councils.
2023, c. 34, s. 190.
Not in force
191. In assessing the clinical trajectories, the interdisciplinary council must consult at least one user whose experience of health services and social services is, in the council’s opinion, relevant to the trajectory concerned.
2023, c. 34, s. 191.
Not in force
II.  — Internal management, records, minutes and annual report
2023, c. 34, Sd. II.
Not in force
192. The functions of the interdisciplinary council are exercised by an executive committee composed of the chairs of the executive committees of the councils referred to in the first paragraph of section 190, at least one other member designated by the interdisciplinary council, the institution’s president and executive director and the medical and professional services director appointed under section 195.
The executive committee has the powers of the council necessary for the exercise of its functions. It supervises and coordinates the work of the other committees of the council, if applicable.
2023, c. 34, s. 192.
Not in force
193. The interdisciplinary council may adopt by-laws concerning its internal management, the establishment and operation of committees in addition to the executive committee and the pursuit of its purposes. The by-laws come into force after being approved by the president and executive director.
2023, c. 34, s. 193.
Not in force
194. The interdisciplinary council must report annually to the president and executive director and to the institution board of directors on the exercise of its functions and the opinions resulting from it.
2023, c. 34, s. 194.
Not in force
§ 2.  — Rules specific to physicians, dentists, pharmacists and midwives
2023, c. 34, Sd. 2.
Not in force
I.  — Medical and professional services director
2023, c. 34, Sd. I.
Not in force
195. The president and executive director of a Santé Québec institution appoints a medical and professional services director.
Such a director must be a physician.
Before appointing a medical and professional services director, the president and executive director consults the council of physicians, dentists, pharmacists and midwives and, in the case of an institution designated as a university hospital centre, an affiliated university centre or a university institute, every university with which the institution is affiliated.
2023, c. 34, s. 195.
Not in force
196. Under the immediate authority of the president and executive director, the medical and professional services director exercises the following functions:
(1)  coordinating the professional and scientific activity of the institution with the other directors;
(2)  taking all necessary measures to ensure that any examination, autopsy or expertise required under the Coroners Act (chapter C-68.01) is carried out;
(3)  fulfilling the obligations imposed by the Civil Code and the Public Curator Act (chapter C-81) regarding tutorships to a person of full age and protection mandates;
(4)  seeing to the development, by clinical department heads, of the modalities of a duty roster system ensuring, on a permanent basis, the availability of physicians, dentists and, where applicable, clinical biochemists, pharmacists and midwives, according to the needs of the institution;
(5)  developing rules governing the use of the resources allocated to clinical departments; and
(6)  carrying out any other function provided by law or entrusted to the medical and professional services director by the president and executive director.
2023, c. 34, s. 196.
Not in force
197. The rules for the use of resources developed by the medical and professional services director must provide for the imposition of administrative penalties, by that director, for any failure to comply on the part of a professional who is a member of a department. Such penalties may have the effect of limiting or suspending the professional’s right to use the institution’s resources.
The president and executive director may, after consulting the council of physicians, dentists, pharmacists and midwives, approve the rules for the use of resources.
Those rules come into force after being approved by the president and executive director.
2023, c. 34, s. 197.
Not in force
198. The rules for the use of resources may not allow for the reservation of beds for the users treated by a physician, a dentist or a midwife.
In cases of necessity, the medical and professional services director or, if absent, the physician designated for that purpose by the president and executive director may designate a clinical department or service in which a bed must be made available to a user.
2023, c. 34, s. 198.
Not in force
199. Where an administrative penalty is imposed under the rules for the use of resources, the medical and professional services director must inform the author of the failure to comply of the grounds on which the decision is based. The author of the failure may, if in disagreement with the decision, contest it before the Administrative Tribunal of Québec within 60 days of the date on which the decision was notified to them.
The medical and professional services director must inform the president and executive director of the nature of the penalty imposed.
No such penalty may be considered as a breach of the privileges granted to the physician or dentist, as applicable.
2023, c. 34, s. 199.
Not in force
200. In a case of imminent or recent death of a potential organ or tissue donor, the medical and professional services director of an institution, or the person designated by that director, must diligently notify one of the organizations that coordinate organ or tissue donations and that are designated by the Minister in accordance with section 10.3.4 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2).
The medical and professional services director verifies the following elements with the organization and may, for that purpose, send the organization any necessary information concerning the potential donor:
(1)  the person’s eligibility for organ or tissue donation; and
(2)  whether the potential donor’s consent for the post-mortem removal of organs or tissues is recorded in the consent registry established by the Ordre des notaires du Québec and in the national information filing system established under section 76.
Where consent has been given for organ or tissue donation, the medical and professional services director also sends such an organization any information concerning the potential donor and that is necessary for coordinating such a donation.
The medical and professional services director, or the person that director designates, is informed of the imminent or recent death of a potential organ or tissue donor in accordance with the procedure established by the institution.
2023, c. 34, s. 200.
Not in force
201. The president and executive director may appoint any person to assist the medical and professional services director.
The person assisting the medical and professional services director exercises, under that director’s authority, all the functions and all the powers of that director, unless the deed of appointment restricts or withdraws them.
If that person is not a physician, they may not
(1)  act as a member of a committee of the council of physicians, dentists, pharmacists and midwives;
(2)  designate a clinical department or a service under the second paragraph of section 198;
(3)  determine a condition under subparagraph 4 of the first paragraph of section 238;
(4)  give the opinion and make the recommendations provided for in the first paragraph of section 241;
(5)  grant an authorization under section 252; or
(6)  make a determination regarding the effects of a departure under the third paragraph of section 259.
2023, c. 34, s. 201.
Not in force
202. Despite any restrictions or withdrawals provided for by the person’s deed of appointment, the person assisting the medical and professional services director, if a physician, exercises all the functions and all the powers of that director if that director is absent or unable to act. Likewise, if the position of medical and professional services director is vacant, that person acts as interim medical and professional services director until a new medical and professional services director is appointed.
If more than one person assisting the medical and professional services director is a physician, the person referred to in the first paragraph is the physician designated by the president and executive director.
2023, c. 34, s. 202.
Not in force
II.  — Council of physicians, dentists, pharmacists and midwives
2023, c. 34, Sd. II.
Not in force
203. Santé Québec institutions each have a council of physicians, dentists, pharmacists and midwives.
The council is composed of all the physicians, dentists, pharmacists and midwives who practise their profession within the institution.
2023, c. 34, s. 203.
Not in force
204. In accordance with the institution’s by-laws, the council of physicians, dentists, pharmacists and midwives is responsible to the interdisciplinary council for the evaluation of trajectories and clinical organization for giving its opinion on the following matters, considering them from the viewpoint of the physicians, dentists, pharmacists and midwives:
(1)  the trajectories of clinical services within the institution, in particular as concerns their pertinence and their efficiency;
(2)  the institution’s technical, scientific and clinical organization;
(3)  the distribution of clinical services; and
(4)  any other matter brought to its attention by the interdisciplinary council.
2023, c. 34, s. 204.
Not in force
205. In accordance with the by-laws of the institution, the council of physicians, dentists, pharmacists and midwives is responsible, with respect to the medical and professional services director, for
(1)  monitoring and assessing the quality, including the pertinence, of the medical, dental, pharmaceutical and midwifery acts performed within the institution;
(2)  examining, prior to taking disciplinary measures, a complaint made against a physician, dentist, pharmacist or midwife to determine whether that professional has acted without having the qualifications required or has shown scientific incompetence or negligence;
(3)  giving its opinion on the means to be taken to assess and maintain the competency of physicians, dentists, pharmacists and midwives who practise their profession within the institution and contributing otherwise to the assessment and maintenance of their competency; and
(4)  assuming any other responsibility entrusted to it by the medical and professional services director.
In exercising its responsibilities, the council of physicians, dentists, pharmacists and midwives takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.
2023, c. 34, s. 205.
Not in force
206. In exercising the responsibilities described in subparagraphs 1, 2 and 3 of the first paragraph of section 205, the council of physicians, dentists, pharmacists and midwives may, with the authorization of the medical and professional services director, call on an expert from outside the institution. That expert, like the council, has access to a user’s record where the information contained in it is necessary for the exercise of the expert’s functions.
Before beginning to exercise those functions, the expert must take the oath provided for in Schedule I.
No judicial proceedings may be brought against the expert for an act or omission made in good faith in the exercise of the expert’s functions.
2023, c. 34, s. 206.
Not in force
207. The council of physicians, dentists, pharmacists and midwives must create a pharmacology committee, act evaluation committees and discipline committees.
The pharmacology committee approves the rules applicable to the use of medications that are submitted to the council in accordance with section 222. Act evaluation committees or discipline committees exercise the responsibilities entrusted to the council by subparagraphs 1 and 2 of the first paragraph of section 205, respectively.
An act evaluation committee or a discipline committee is composed of at least three council members, including at least one who is a member of the same professional order as the professional whose record is being examined by the committee.
2023, c. 34, s. 207.
Not in force
208. Despite the third paragraph of section 207, where the professional whose record is being examined by an act evaluation committee or a discipline committee is a midwife, the committee must be composed of at least two professionals who are members of the same professional order as the midwife whose record is being examined.
The committee may be composed of midwives from a council of physicians, dentists, pharmacists and midwives of another institution where it is not possible to find such a professional on the council of which the midwife whose record is being examined is a member.
2023, c. 34, s. 208.
Not in force
209. The responsibilities of the council of physicians, dentists, pharmacists and midwives are exercised by an executive committee comprising at least four physicians and at least one pharmacist designated by the council, and at least one dentist and at least one midwife designated by the council where such professionals are members of the council. The medical and professional services director is a member of the council by virtue of office.
The institution’s president and executive director or the person designated by the latter may participate in the work of the executive committee.
The executive committee has the powers of the council of physicians, dentists, pharmacists and midwives necessary for the exercise of its responsibilities. It supervises and coordinates the work of the other committees of the council.
The medical and professional services director supervises the operation of the committees of the council and ensures that the council adequately monitors and assesses the medical, dental, pharmaceutical and midwifery acts performed in the institution.
2023, c. 34, s. 209.
Not in force
210. The council of physicians, dentists, pharmacists and midwives may adopt by-laws concerning its internal management, the establishment and operation of committees in addition to the executive committee and the committees provided for in section 207 and the pursuit of its purposes. The by-laws must prescribe the rules for designating the chair of the council and the chair of its executive committee. The by-laws come into force after being approved by the institution’s medical and professional services director.
2023, c. 34, s. 210.
Not in force
211. Despite the Act respecting Access to documents held by public bodies and the Protection of personal information (chapyer A-2.1) and section 679 of this Act, the records and minutes of the council of physicians, dentists, pharmacists and midwives and those of each of its committees are confidential.
However, a medical examiner and the members of a review committee referred to in section 716 may examine the professional record of a council member if the information it contains is necessary for the exercise of their responsibilities. The same applies to any person having the authority to take a disciplinary measure or an administrative penalty against a physician, dentist, pharmacist or midwife.
No one may examine the minutes of a committee of the council, except the committee members, the members of the council’s executive committee, the Administrative Tribunal of Québec or the representatives of a professional order in the exercise of functions assigned to them by law.
No one may examine the minutes of the council, except the council members, the members of the council’s executive committee, the Administrative Tribunal of Québec or the representatives of a professional order in the exercise of functions assigned to them by law.
2023, c. 34, s. 211.
Not in force
212. The council of physicians, dentists, pharmacists and midwives must report annually to the medical and professional services director and the institution board of directors on the carrying out of its responsibilities and the opinions resulting from it.
2023, c. 34, s. 212.
Not in force
213. Santé Québec’s president and chief executive officer may, in exceptional circumstances and when the quality of services depends on it, entrust the responsibilities of an institution’s council of physicians, dentists, pharmacists and midwives to one or more persons the president and chief executive officer designates and who are members of one of the following professional orders: the Collège des médecins du Québec, the Ordre des dentistes du Québec, the Ordre des pharmaciens du Québec or the Ordre des sages-femmes du Québec.
Such a decision may be made only after obtaining the opinion of the professional orders mentioned in the first paragraph.
2023, c. 34, s. 213.
Not in force
III.  — Clinical departments and services
2023, c. 34, Sd. III.
Not in force
1.  — Formation
2023, c. 34, Sd. 1.
Not in force
214. The clinical department provided for in each of the following subparagraphs is formed within a Santé Québec institution; that department includes, where applicable, the services or activities referred to in that subparagraph:
(1)  anaesthesia;
(2)  surgery;
(3)  gynecology-obstetrics;
(4)  medical imaging:
(a)  radiology services; and
(b)  nuclear medicine services;
(5)  general medicine;
(6)  specialized medicine:
(a)  radio-oncology services;
(b)  medical oncology services;
(c)  clinical activities in hematology; and
(d)  clinical activities in microbiology and infectious diseases;
(7)  emergency medicine;
(8)  pediatrics;
(9)  pharmacy; and
(10)  psychiatry.
In addition, any department that Santé Québec’s board of directors determines from among the following is to be formed within any Santé Québec institution the board designates:
(1)  dentistry;
(2)  public health;
(3)  laboratory medicine, which comprises laboratory services in the following fields:
(a)  hematology;
(b)  biochemistry;
(c)  pathology;
(d)  microbiology;
(e)  genetics; and
(f)  transfusion medicine; and
(4)  midwifery.
An institution may, to the extent allowed by Santé Québec’s board of directors, depart from this section.
2023, c. 34, s. 214.
Not in force
215. The president and executive director determines, after consulting the council of physicians, dentists, pharmacists and midwives, which department or service is responsible for the medical or dental acts performed in the course of the institution’s activities.
Physicians or dentists having privileges allowing them to perform acts that are under the responsibility of a department or service are members of that department or service.
The professionals referred to in one of the following subparagraphs who practise their profession within the institution are members of the department mentioned in the subparagraph:
(1)  midwives, midwifery clinical department; and
(2)  pharmacists, pharmacy clinical department.
Clinical biochemists are members of the clinical department of laboratory medicine.
2023, c. 34, s. 215.
Not in force
2.  — Clinical department heads and heads of a service
2023, c. 34, Sd. 2.
Not in force
216. Each clinical department is directed by a clinical department head.
2023, c. 34, s. 216.
Not in force
217. The president and executive director, after consulting the council of physicians, dentists, pharmacists and midwives, the medical and professional services director and the professionals who are members of a clinical department, appoints the head of that department from among those professionals.
No clinical biochemist may be the head of a clinical department.
2023, c. 34, s. 217.
Not in force
218. The medical and professional services director directs, coordinates and supervises the activities of the clinical department heads.
The director must, in particular, obtain the opinion of the clinical department heads on the administrative and financial consequences of the activities of the professionals who are members of the clinical departments.
2023, c. 34, s. 218.
Not in force
219. In addition to the other functions conferred on them by this Act, clinical department heads exercise the following functions, under the immediate authority of the medical and professional services director:
(1)  with regard to the professionals who are members of the department:
(a)  coordinating the activities they carry on within the department, and assessing and maintaining their competence; and
(b)  ensuring the appropriate distribution of the services they provide;
(2)  developing the modalities of a duty roster system ensuring, on a permanent basis, the availability of the professionals who are members of the department; and
(3)  drawing up operating rules for the department.
If the position of department head is vacant, the medical and professional services director exercises the functions provided for in the first paragraph.
2023, c. 34, s. 219.
Not in force
220. Where the clinical department head refuses to draw up operating rules for the department or is slow to act, the medical and professional services director must draw up such rules.
The operating rules for a department come into force after being approved or, as applicable, drawn up by the medical and professional services director.
2023, c. 34, s. 220.
Not in force
221. Subject to the institution’s by-laws, clinical department heads are responsible to the council of physicians, dentists, pharmacists and midwives for
(1)  supervising the exercise of professional activities within the department by the professionals who are members of it;
(2)  cooperating, if applicable, with the director of nursing care for the supervision and monitoring of the quality of the activities referred to in section 36.1 of the Nurses Act (chapter I-8); and
(3)  drawing up, for their department, rules applicable to medical and dental care and to the use of medications, and rules applicable to midwives.
If the position of department head is vacant, the medical and professional services director exercises the functions provided for in the first paragraph.
The rules referred to in subparagraph 3 of the first paragraph must take into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.
2023, c. 34, s. 221.
Not in force
222. The rules applicable to medical and dental care and the use of medications, and the rules of care applicable to midwives must provide that the professional practice of physicians, dentists, pharmacists and midwives of clinical departments is to adhere to a single set of rules.
Where the clinical department head refuses to draw up such rules or is slow to act, the medical and professional services director or, in the latter’s absence, the council of physicians, dentists, pharmacists and midwives must draw them up.
The rules come into force after being approved or, as applicable, drawn up by the council of physicians, dentists, pharmacists and midwives.
2023, c. 34, s. 222.
Not in force
223. The approval provided for in the third paragraph of section 222 with regard to the rules of care applicable to midwives is given by a subcommittee of the council of physicians, dentists, pharmacists and midwives composed in the majority of midwives.
2023, c. 34, s. 223.
Not in force
224. Despite the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and section 679 of this Act, the records concerning the responsibilities described in subparagraphs 1 and 2 of the first paragraph of section 221 are confidential. No one may have access to them, except the council of physicians, dentists, pharmacists and midwives, the Administrative Tribunal of Québec or the representatives of a professional order in the exercise of the functions assigned to them by law.
2023, c. 34, s. 224.
Not in force
225. Each service is directed by a head of the service.
A clinical biochemist may be the head of the biochemistry laboratory service.
2023, c. 34, s. 225.
Not in force
226. Under the immediate authority of the clinical department head, heads of a service exercise the same functions and powers with regard to a service that a clinical department head exercises with regard to a department. Heads of a service may not, however, draw up rules contrary to those drawn up by the clinical department head.
The provisions applicable to clinical department heads provided for in sections 217 to 224 are, in all other respects, applicable to heads of a service, with the necessary modifications.
2023, c. 34, s. 226.
Not in force
3.  — Centralized management of access to the specialized and superspecialized services of clinical departments
2023, c. 34, Sd. 3.
Not in force
227. The president and executive director of an institution must see to the centralized management of access to the specialized and superspecialized services of the clinical departments of that institution.
To that end, the president and executive director must establish rules to be followed to enter a user on the access list for the specialized and superspecialized services of a clinical department, the manner in which the foreseeable date for receiving such services will be determined and communicated to the user and, where those services cannot be provided on that date, the alternative arrangements to be offered to the user, such as setting a new date to be agreed to by the user, calling on the services of another physician in the clinical department concerned or having recourse to another institution.
Before establishing those rules, the president and executive director must consult the council of physicians, dentists, pharmacists and midwives and the head of each clinical department offering specialized or superspecialized services.
2023, c. 34, s. 227.
Not in force
228. In accordance with the rules established under the second paragraph of section 227, a physician, dentist or midwife must enter a user on the access list for the specialized and superspecialized services of the institution’s clinical departments as soon as the physician, dentist or midwife determines that the services are required.
2023, c. 34, s. 228.
Not in force
229. The head of a clinical department in which specialized or superspecialized services are offered must, in addition to the functions conferred under section 219, ensure that the rules established under the second paragraph of section 227 are complied with and properly implemented.
2023, c. 34, s. 229.
Not in force
230. The president and executive director must designate a person in charge of compliance with the rules the president and executive director establishes under the second paragraph of section 227.
Under the immediate authority of the medical and professional services director, the person in charge of compliance with the rules exercises the following functions:
(1)  seeing to it that each clinical department head referred to in section 216 ensures, in their department, that those rules are complied with and properly implemented;
(2)  offering to users unable to receive the services they require on the date communicated to them the alternative arrangements specified in those rules; and
(3)  making, if applicable, any adjustments required to direct the user to a special access mechanism put in place under section 233.
2023, c. 34, s. 230.
Not in force
231. The president and executive director reports to the president and chief executive officer, at least once every three months and whenever the latter so requests, on the effectiveness of the rules established under the second paragraph of section 227, in particular as regards waiting times calculated from the time users are entered on the access list to the time they receive the specialized and superspecialized services they require.
The president and executive director does likewise with respect to the institution board of directors.
2023, c. 34, s. 231.
Not in force
232. To ensure uniform management of access lists under the second paragraph of section 227, the Minister may determine the information to be collected and used by the institutions for the day-to-day management of their access lists.
2023, c. 34, s. 232.
Not in force
233. Where, in light of generally recognized access standards and after holding the appropriate consultations, Santé Québec’s president and chief executive officer considers that the waiting time for receiving a specialized or superspecialized service throughout Québec or in a particular region of Québec is unreasonable or about to become so, the president and chief executive officer must see to the implementation of special access mechanisms so that the service concerned may be made otherwise accessible within a time the president and chief executive officer considers reasonable.
The president and chief executive officer may require that an institution involved in the provision of the specialized or superspecialized service concerned adjust its operating methods for access to that service accordingly.
The person responsible for managing access to specialized or superspecialized services must notify the medical and professional services director when of the opinion, after consulting the head of the clinical department concerned, that a user will not be able to receive a specialized or superspecialized service from the institution within a time the president and chief executive officer considers reasonable.
The medical and professional services director makes, without delay, an alternative service proposal to the user that takes into account, in particular, the territorial department of specialized medicine so that the user may receive, if the user wants, the specialized or superspecialized service the user requires within a time the president and chief executive officer considers reasonable. Despite any inconsistent provision, the Minister may assume the cost of any service received, in accordance with the directives of the president and chief executive officer, in a non-participating specialized medical centre within the meaning of the second paragraph of section 575 or outside Québec.
2023, c. 34, s. 233.
Not in force
IV.  — Physicians, dentists and pharmacists
2023, c. 34, Sd. IV.
Not in force
1.  — Medical and dental staffing plan
2023, c. 34, Sd. 1.
Not in force
234. The president and executive director of an institution draws up and submits to Santé Québec’s president and chief executive officer a medical and dental staffing plan, which specifies
(1)  the number of family physicians, specialists in each specialty, dentists and dental specialists who may practise in the institution, indicating the clinical department or service to which each of them belongs;
(2)  the distribution of the number of those professionals for each of the facilities where the institution carries on activities or by group of facilities determined by the president and chief executive officer; and
(3)  the distribution, among the physicians or dentists, as applicable, of the tasks relating to clinical activity, to research and to teaching.
In drawing up the plan, the president and executive director must make sure that the head of each of the clinical departments where specialized or superspecialized services are offered is consulted. The president and executive director must also take into account the objectives provided for in the second paragraph of section 32, the institution’s deed of establishment and the expansion and reduction objectives referred to in section 480.
2023, c. 34, s. 234.
Not in force
235. Santé Québec’s president and chief executive officer may approve, with or without amendment, the medical and dental staffing plan submitted under section 234.
The plan thus approved must be drawn up again, in accordance with section 234, at least once every three years and each time the president and chief executive officer so requests. An approved plan continues to have effect until the president and chief executive officer approves a new plan.
The president and chief executive officer may draw up the medical and dental staffing plan for an institution if the president and executive director fails to do so within the time indicated.
2023, c. 34, s. 235.
Not in force
2.  — Appointment, status, privileges and authorization in case of emergency
2023, c. 34, Sd. 2.
Not in force
236. The power to appoint a physician, a dentist or a pharmacist so they may practise within an institution is exercised by the president and executive director of the institution.
2023, c. 34, s. 236.
Not in force
237. To be appointed, a physician, a dentist or a pharmacist must submit an application to the medical and professional services director of the institution concerned.
Santé Québec’s board of directors determines the form and content of the application for appointment, which are to be the same for all Santé Québec institutions.
2023, c. 34, s. 237.
Not in force
238. An application for appointment is inadmissible in the following cases:
(1)  its form or content does not comply with that established by Santé Québec’s board of directors;
(2)  it does not comply with the administrative, professional and scientific organization of the institution;
(3)  it has the effect of increasing the number of physicians or dentists who have privileges within the institution beyond the number provided for by the medical and dental staffing plan approved or drawn up under section 235; or
(4)  it does not meet any other condition determined beforehand by the medical and professional services director or by the clinical department head concerned.
Subparagraphs 2 and 3 of the first paragraph do not apply to an application if the appointment contemplated is only intended to replace a physician or dentist who already has duly granted status and privileges, but who is absent or temporarily unable to practise.
2023, c. 34, s. 238.
Not in force
239. The medical and professional services director must send the applicant a notice acknowledging receipt of the application for appointment.
The notice contains
(1)  an indication as to whether the application is admissible or not; and
(2)  if the application is admissible,
(a)  a presentation of the administrative, professional and scientific organization of the institution;
(b)  a presentation of the medical and dental staffing plan approved or drawn up under section 235; and
(c)  if the applicant is a physician or dentist, the obligations that could be attached to the enjoyment of the privileges that could be granted to the applicant.
The applicant may submit observations on those contemplated obligations to the medical and professional services director within 15 days after receiving the notice.
2023, c. 34, s. 239.
Not in force
240. Before sending the notice acknowledging receipt of an admissible application for appointment, the medical and professional services director consults the clinical department head concerned on the applicant’s qualifications and competence, on the status that could be granted to the applicant and, if applicable, on the privileges that could be granted to the applicant and the obligations that could be attached to the enjoyment of those privileges.
The obligations attached to the enjoyment of privileges are intended to ensure the physician’s or dentist’s participation in the responsibilities of the institution, in particular with regard to access to services and the quality and pertinence of services.
The medical and professional services director also consults the council of physicians, dentists, pharmacists and midwives and gives it the opportunity to submit observations, within the time set by the director, on the matters referred to in the first paragraph.
2023, c. 34, s. 240.
Not in force
241. The medical and professional services director must, before the president and executive director rules on an admissible application for appointment, send the latter their opinion on the qualifications and competence of the applicant and their recommendation on the status that should be granted to the applicant. In the case of a physician or dentist, the recommendation also addresses the privileges that should be granted to the applicant and the obligations that should be attached to the enjoyment of those privileges.
The medical and professional services director attaches to the opinion the observations submitted by the council of physicians, dentists, pharmacists and midwives under the third paragraph of section 240.
Santé Québec determines, by regulation, the status that may be granted by the president and executive director to a physician, dentist or pharmacist, the conditions on which such a status may be granted or renewed and the prerogatives attached to such status.
2023, c. 34, s. 241.
Not in force
242. The president and executive director must, before ruling on an application for appointment, take into account the distribution, among the physicians, dentists or pharmacists, as applicable, of the tasks relating to clinical activity, to research and to teaching, in view of the requirements specific to the institution.
2023, c. 34, s. 242.
Not in force
243. Where the president and executive director has received an application for appointment from a physician or dentist, the president and executive director may refuse it for reasons based on the administrative, professional and scientific organization of the institution, the medical and dental staffing plan approved or drawn up under section 235, the available resources and the requirements specific to the institution.
The president and executive director may also refuse an application on the basis of any of the following reasons:
(1)  the omission by the applicant, in the preceding three years, to give the prior notice of at least 60 days required under the first paragraph of section 257 before ceasing to practise in the institution; or
(2)  failure by the applicant to fulfill the criteria relating to qualifications, scientific competence or conduct, in view of the requirements specific to the institution.
2023, c. 34, s. 243.
Not in force
244. Before appointing a physician or dentist, the president and executive director must obtain the authorization of Santé Québec’s president and chief executive officer.
The president and chief executive officer grants the authorization if the appointment contemplated does not have the effect of increasing the number of physicians or dentists who have privileges within the institution beyond the number provided for in the medical and dental staffing plan approved or drawn up under section 235.
The first and second paragraphs do not apply if the appointment contemplated is referred to in the second paragraph of section 238.
2023, c. 34, s. 244.
Not in force
245. The deed by which the president and executive director appoints a physician or dentist must contain provisions concerning
(1)  the status and privileges that will be granted to the physician or dentist at the moment specified in the second paragraph of section 248;
(2)  the period for which the status and privileges will be granted;
(3)  the nature and scope of the medical or dental activities that the physician or dentist will be allowed to engage in within the institution;
(4)  the obligations attached to the enjoyment of the privileges; and
(5)  the distribution, if applicable, of the physician’s or dentist’s tasks relating to clinical activity, to research and to teaching.
The privileges granted under subparagraph 1 of the first paragraph are granted for all of the institution’s facilities; however, the physician or dentist having the privileges must exercise their profession mainly in the facilities listed in the deed of appointment.
The status and privileges are granted for a period of 12 to 48 months. However, where the appointment is intended solely to provide for the temporary replacement of a physician or dentist who already has duly granted status and privileges, the appointment is valid only for the duration of the absence or inability to practise of the physician or dentist being replaced.
2023, c. 34, s. 245.
Not in force
246. Any physician, dentist or pharmacist having status and, where applicable, privileges within an institution and any midwife having entered into a service contract allowing the midwife to practise within an institution that, in accordance with the terms prescribed under section 50, provides medical, dental, pharmaceutical or midwifery services to another Santé Québec institution practises in that other institution without it being necessary to obtain a status and, where applicable, privileges from that institution’s president and executive director or to enter into a service contract with that institution.
A professional referred to in the first paragraph is then deemed to be practising within the institution that provides medical, dental and pharmaceutical services or midwifery services when the professional is practising within the other institution.
2023, c. 34, s. 246.
Not in force
247. Within 90 days of receiving the application for appointment, the president and executive director must send a decision in writing to the physician or dentist. In addition, any refusal must include reasons given in writing.
2023, c. 34, s. 247.
Not in force
248. No physician or dentist may practise within the Santé Québec institution and enjoy the privileges granted to them on the terms set out in their deed of appointment unless they provide the president and executive director with a written document in which they acknowledge having read the deed.
The status and privileges are granted from the moment the president and executive director receives that written document. The physician or dentist is, from that moment on, bound to comply with the obligations attached to the enjoyment of those privileges.
2023, c. 34, s. 248.
Not in force
249. The deed of appointment of a physician or dentist is absolutely null if it
(1)  has the effect of increasing the number of physicians or dentists who have privileges within the institution beyond the number provided for by the medical and dental staffing plan approved or drawn up under section 235; or
(2)  does not comply with section 245.
2023, c. 34, s. 249.
Not in force
250. Despite paragraph 1 of section 249, a deed of appointment is not null solely because it increases the number of physicians or dentists enjoying privileges within the institution beyond the number provided for by the medical and dental staffing plan,
(1)  where the appointment is intended solely to provide for the temporary replacement of a physician or dentist who already has duly granted status and privileges; or
(2)  where the president and chief executive officer, in exceptional circumstances, in particular to ensure sufficient access to services, authorizes a president and executive director to make an appointment departing from the medical and dental staffing plan.
Santé Québec’s president and chief executive officer may make the authorization subject to the conditions the president and chief executive officer determines.
A physician or dentist whose appointment departing from the medical and dental staffing plan is authorized under subparagraph 2 of the first paragraph is, for the purposes of section 238, deemed to have made an admissible application.
2023, c. 34, s. 250.
Not in force
251. A pharmacist may practise within the institution on being appointed by the president and executive director.
The president and executive director assigns a status to the pharmacist at that time.
2023, c. 34, s. 251.
Not in force
252. In the case of an emergency, the medical and professional services director, the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives, a clinical department head or a head of a service may temporarily grant a physician, dentist or pharmacist authorization to practise within the institution. In such a case, the person who granted the authorization must immediately notify the president and executive director and the president and chief executive officer. The authorization is valid for a maximum period of three months and is renewable only with the authorization of the president and chief executive officer and on the conditions the latter determines.
Sections 236 to 251 do not apply to the granting of such an authorization or to its renewal. Moreover, where the time required for granting the authorization may be prejudicial to a user, any physician, dentist or pharmacist may, without that authorization, give the services required by the state of health of the user.
2023, c. 34, s. 252.
Not in force
3.  — Conditions for the practice of the profession of physician or dentist and cessation of practice
2023, c. 34, Sd. 3.
Not in force
253. Any physician or dentist practising within an institution must hold a valid professional liability insurance contract accepted by the president and executive director and must, each year, establish that the insurance contract is in force.
However, a physician may discharge the obligation referred to in the first paragraph by annually providing the president and executive director with proof that they are a member of the Canadian Medical Protective Association.
2023, c. 34, s. 253.
Not in force
254. The Government may, by regulation, determine the procedure to be followed, and the content of the form to be used, by a physician or dentist practising within an institution in order to receive remuneration from the Régie de l’assurance maladie du Québec.
2023, c. 34, s. 254.
Not in force
255. Santé Québec may not pay any remuneration or grant any other direct or indirect benefit to a physician practising under the plan established by the Health Insurance Act (chapter A-29) as consideration for services insured under that plan and provided within an institution, nor may it pay any remuneration or grant any such benefit to that physician as consideration for the performance of any other activity within an institution, except to the extent prescribed by a government regulation.
2023, c. 34, s. 255.
Not in force
256. The physicians and dentists who, within an institution, render services for the carrying out of managerial functions determined by a regulation of Santé Québec are paid under a program of which the administration is entrusted to the Régie de l’assurance maladie du Québec by the Government. Such services are remunerated in accordance with an agreement entered into within the framework of section 19 of the Health Insurance Act (chapter A-29).
The Government determines the resource envelope to be used for the remuneration of the managerial functions referred to in the first paragraph taking into account that agreement.
2023, c. 34, s. 256.
Not in force
257. A physician or dentist who decides to cease to practise within an institution must give prior notice of at least 60 days to the president and executive director.
The decision of the physician or dentist becomes irrevocable on receipt of the notice by the president and executive director, and takes effect at the expiry of the period indicated in the notice.
2023, c. 34, s. 257.
Not in force
258. Despite section 257, the president and executive director may authorize a physician or dentist to cease to practise within an institution without prior notice or with a prior notice of less than 60 days if the medical and professional services director considers that the physician’s or dentist’s leaving does not affect the quality or adequate supply of the medical and dental services offered to the population served by that institution.
2023, c. 34, s. 258.
Not in force
259. A physician or dentist who ceases to practise within an institution without the authorization of the president and executive director and without giving prior notice of at least 60 days or before the expiry of a shorter period authorized under section 258 becomes, from the date fixed by the Régie de l’assurance maladie du Québec, a non-participating professional for the purposes of the Health Insurance Act (chapter A-29), for a period equal to twice the number of days remaining before the expiry of the applicable notice period.
The president and executive director promptly informs the Régie of the departure of the physician or dentist and indicates the period for which that professional becomes a non-participating professional.
Where the medical and professional services director considers that the departure may affect the quality or adequate supply of the medical and dental services offered to the population served by the institution, the medical and professional services director notifies in writing the Collège des médecins du Québec or the Ordre des dentistes du Québec, as applicable.
2023, c. 34, s. 259.
Not in force
4.  — Discipline
2023, c. 34, Sd. 4.
Not in force
260. The power to take disciplinary measures against a physician, dentist or pharmacist is exercised by the president and executive director and, unless otherwise provided by this Act, by the medical and professional services director or a clinical department head, provided that the latter, if employed by Santé Québec, is a management officer.
Any person referred to in the first paragraph who may exercise the power to take disciplinary measures is, for the purposes of this Act, a person in charge of discipline.
2023, c. 34, s. 260.
Not in force
261. Before taking a disciplinary measure, a person in charge of discipline referred to in section 260 must notify the physician, dentist or pharmacist concerned of their intent, and allow the physician, dentist or pharmacist to make observations within 15 days.
2023, c. 34, s. 261.
Not in force
262. The institution must communicate to the professional order concerned a reproduction of any decision that imposes a disciplinary measure.
2023, c. 34, s. 262.
Not in force
263. Every disciplinary measure against a physician, dentist or pharmacist must give reasons and be based solely on one of the following grounds:
(1)  misconduct;
(2)  non-compliance with the institution’s by-laws, in view of the specific requirements of the institution;
(3)  for a physician or dentist, failure to perform in full, properly and without delay the obligations attached to the enjoyment of privileges or any other non-compliance with the terms set out in the deed of appointment;
(4)  for a pharmacist, failure to perform in full, properly and without delay the obligations incumbent on them as a Santé Québec employee, unless the failure is referred to in the second paragraph of section 264; or
(5)  a notice rendered under the second paragraph of section 264.
2023, c. 34, s. 263.
Not in force
264. A person in charge of discipline referred to in section 260 may submit a complaint made against a physician, dentist or pharmacist to the council of physicians, dentists, pharmacists and midwives.
If, after examining the complaint, the council rules that the physician, dentist or pharmacist has acted without having the qualifications required or has shown scientific incompetence or negligence, it must so notify the person in charge of discipline.
The institution’s by-laws establish the complaint examination procedure.
2023, c. 34, s. 264.
Not in force
265. The disciplinary measures that may be taken against a physician or dentist are
(1)  a reprimand;
(2)  the imposition of an administrative penalty provided for in the institution’s by-laws;
(3)  a change in status;
(4)  the withdrawal of privileges;
(5)  the suspension of status and privileges for a determined time; and
(6)  the revocation of status and privileges.
The disciplinary measures may also include a recommendation that the professional concerned serve a period of refresher training, take a refresher course, or both, and may, if necessary, restrict or suspend some or all of the physician’s or dentist’s privileges for the duration of the refresher period.
Only the president and executive director may order the revocation of status and privileges. A clinical department head may not impose disciplinary measures other than a reprimand.
2023, c. 34, s. 265.
Not in force
266. The disciplinary measures that may be taken against a pharmacist range from a reprimand to dismissal.
They may also include a recommendation that the pharmacist serve a period of refresher training, take a refresher course, or both, and may, if necessary, restrict or suspend the pharmacist’s activities for the duration of the refresher period.
Only the president and executive director may dismiss a pharmacist. The head of the clinical department of pharmacy may impose no disciplinary measures other than a reprimand.
2023, c. 34, s. 266.
Not in force
267. In the case of an emergency, the president and executive director, the medical and professional services director, the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives or the clinical department head concerned may temporarily suspend, as applicable, a physician’s or dentist’s status and privileges, or the status of a pharmacist practising within the institution.
If the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives decides to impose a suspension under the first paragraph, the chair must immediately notify any person in charge of discipline concerned and send that person a report within 48 hours.
The temporary suspension is valid until a disciplinary measure is taken against the professional concerned, in accordance with sections 260 to 266, or until it is decided that no such measure will be taken, but must not exceed 20 days.
2023, c. 34, s. 267.
Not in force
268. No judicial proceedings may be brought against the following persons or entities for an act performed or omitted in good faith in the exercise of their functions under sections 260 to 267:
(1)  a discipline committee of the council of physicians, dentists, pharmacists and midwives or a member of such a committee;
(2)  a person in charge of discipline; and
(3)  the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives.
2023, c. 34, s. 268.
Not in force
5.  — Renewal of status and privileges granted to a physician or dentist
2023, c. 34, Sd. 5.
Not in force
269. The status and privileges granted to a physician or dentist may be renewed on application by the physician or dentist.
However, status and privileges may not be renewed if they result from an appointment made solely to temporarily replace a physician or dentist who already has duly granted status and privileges.
2023, c. 34, s. 269.
Not in force
270. The medical and professional services director must, before the president and executive director rules on the application for renewal, inform the latter of any reasons for refusing renewal and specify the nature of the reasons, if any.
2023, c. 34, s. 270.
Not in force
271. An application for renewal may be refused by the president and executive director solely on one of the following grounds:
(1)  failure by the physician or dentist to meet the criteria relating to qualification, scientific competence or conduct, in view of the specific requirements of the institution;
(2)  failure to perform in full, properly and without delay the obligations attached to the enjoyment of privileges or any other non-compliance with the terms set out in the deed of appointment; or
(3)  the renewal would contravene the conditions for granting a status prescribed by the regulation made under the third paragraph of section 241.
2023, c. 34, s. 271.
Not in force
272. Status and privileges are renewed for a minimum period of 12 months, without exceeding 48 months.
2023, c. 34, s. 272.
Not in force
273. The status and privileges of a physician or dentist may be modified at the time of their renewal. The same applies to the obligations attached to the enjoyment of privileges.
The provisions regarding the appointment of a physician or dentist provided for in sections 236 to 249 are, in all other respects, applicable, with the necessary modifications, to a renewal made with changes in status and privileges and changes to the obligations attached to their enjoyment.
2023, c. 34, s. 273.
Not in force
6.  — Recourse
2023, c. 34, Sd. 6.
Not in force
274. A physician or dentist who is not satisfied with a decision that was rendered in their regard on the basis of criteria relating to qualifications, scientific competence or conduct, or that concerns disciplinary measures may, within 60 days of the date on which the decision was notified to them, contest the decision before the Administrative Tribunal of Québec.
The physician or dentist may also apply to the Tribunal within 60 days of the expiry of the time prescribed in section 247, as if the decision were unfavourable, if no decision on the physician’s or dentist’s application for appointment has been sent to the physician or dentist within the time prescribed in that section.
2023, c. 34, s. 274.
Not in force
275. A pharmacist who is not satisfied with a decision that was rendered in their regard and that concerns disciplinary measures may, within 60 days after the date on which the decision was notified to them, contest the decision before the Administrative Tribunal of Québec.
2023, c. 34, s. 275.
Not in force
7.  — Communication of information
2023, c. 34, Sd. 7.
Not in force
276. The institution communicates to Santé Québec’s president and chief executive officer or to the person designated by the latter, in the form and at the intervals determined by Santé Québec’s board of directors, the information that the board determines concerning applications for appointment or for renewal accepted by the president and executive director and concerning the physicians and dentists who cease to practise within the institution.
2023, c. 34, s. 276.
Not in force
V.  — Midwives
2023, c. 34, Sd. V.
Not in force
277. The power to enter into service contracts with midwives so that they may practise for a Santé Québec institution is exercised by the president and executive director.
2023, c. 34, s. 277.
Not in force
278. To enter into a service contract referred to in section 277, a midwife must submit an application to the president and executive director.
2023, c. 34, s. 278.
Not in force
279. Before deciding on a midwife’s application, the president and executive director must obtain recommendations regarding the midwife’s qualifications and competence from the head of the clinical department of midwifery.
2023, c. 34, s. 279.
Not in force
280. The president and executive director accepts or refuses a midwife’s application for reasons based on the administrative, professional and scientific organization of the institution and the available resources.
The president and executive director may also refuse an application on the basis of failure by the midwife to fulfill the criteria relating to qualifications, competence or conduct.
2023, c. 34, s. 280.
Not in force
281. The service contract entered into with a midwife must specify the rights and obligations of the midwife that are attached to the practice of midwifery for the institution. It may in particular confer on the midwife the right to admit and to discharge users, determine the activities that the midwife has the right to engage in within the institution and specify the terms and conditions for exercising such rights.
It must, among other things, provide for the midwife’s participation in the committees formed within the council of physicians, dentists, pharmacists and midwives.
The contract must be entered into for a term not exceeding three years and is renewable on its expiry. Mechanisms for the termination of the contract before its expiry and the circumstances allowing such termination must also be provided in the contract.
2023, c. 34, s. 281.
Not in force
282. Within 90 days of receiving the midwife’s application, the president and executive director must send the midwife a decision in writing. In addition, any refusal must include reasons given in writing.
2023, c. 34, s. 282.
Not in force
283. Any midwife practising under a service contract referred to in section 277 must hold a valid liability insurance contract accepted by the president and executive director and must, each year, establish that the insurance contract is in force.
However, a midwife may discharge the obligation referred to in the first paragraph by annually providing the president and executive director with proof that the midwife is covered by an equivalent liability insurance contract.
2023, c. 34, s. 283.
Not in force
284. The power to take disciplinary measures against a midwife is to be exercised by the president and executive director and, unless otherwise provided in this Act, by the medical and professional services director or the head of the clinical department of midwifery.
Any person who may exercise the power to take disciplinary measures under the first paragraph is, for the purposes of this Act, a person in charge of discipline.
2023, c. 34, s. 284.
Not in force
285. Before taking a disciplinary measure, a person in charge of discipline referred to in section 284 must notify the midwife concerned of their intent, and allow the midwife to make observations within 15 days.
2023, c. 34, s. 285.
Not in force
286. The institution must send the Ordre des sages-femmes du Québec a reproduction of any decision that imposes a disciplinary measure.
2023, c. 34, s. 286.
Not in force
287. Every disciplinary measure against a midwife must give reasons and be based solely on one of the following grounds:
(1)  misconduct;
(2)  non-compliance with the institution’s by-laws, in view of the specific requirements of the institution;
(3)  non-compliance with the obligations set out in the midwife’s service contract; or
(4)  a notice rendered under the second paragraph of section 288.
2023, c. 34, s. 287.
Not in force
288. A person in charge of discipline referred to in section 284 may submit a complaint made against a midwife to the council of physicians, dentists, pharmacists and midwives.
If, after examining the complaint, the council rules that the midwife has acted without having the qualifications required or has shown incompetence or negligence, it must so notify the person in charge of discipline.
The institution’s by-laws establish the complaint examination procedure.
2023, c. 34, s. 288.
Not in force
289. The disciplinary measures that may be taken against a midwife range from a reprimand up to the resiliation of the midwife’s service contract and include the modification of such contract and withdrawal of one or more rights the contract provides.
Only the president and executive director may resiliate the service contract. The head of the clinical department of midwifery may impose no disciplinary measures other than a reprimand.
2023, c. 34, s. 289.
Not in force
290. In the case of an emergency, the president and executive director, the medical and professional services director, the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives or the head of the clinical department of midwifery may temporarily suspend a midwife’s right to practise under the midwife’s service contract.
The head of the clinical department, the chair of the executive committee of the council of physicians or the medical and professional services director, as applicable, must immediately notify every person responsible for discipline concerned and send the latter a report within 48 hours.
The temporary suspension is valid until, in accordance with sections 284 to 289, a disciplinary measure is taken regarding the midwife concerned or until a decision is made to take no disciplinary measure, but may not exceed 20 days.
2023, c. 34, s. 290.
Not in force
291. No judicial proceedings may be brought against the following persons or entities for an act performed or omitted in good faith in the exercise of their functions under sections 284 to 290:
(1)  a discipline committee of the council of physicians, dentists, pharmacists and midwives or a member of such a committee;
(2)  a person in charge of discipline; and
(3)  the chair of the executive committee of the council of physicians, dentists, pharmacists and midwives.
2023, c. 34, s. 291.
Not in force
292. A midwife who is not satisfied with a decision that was rendered in their regard on the basis of criteria relating to qualifications, competence or conduct or with a decision concerning disciplinary measures may, within 60 days of the date on which the decision was notified to them, contest the decision before the Administrative Tribunal of Québec.
The midwife may also apply to the Tribunal within 60 days after the expiry of the time prescribed in section 282, as if the decision were unfavourable, if no decision on the midwife’s application for a service contract has been sent to the midwife within the time prescribed in that section.
2023, c. 34, s. 292.
Not in force
293. The Minister may, with the approval of the Conseil du trésor, enter into an agreement with a body representing midwives for the purposes of sections 277 to 292. The agreement is binding on all institutions.
Such an agreement may in particular provide for different methods of remuneration or the payment, as compensation or reimbursement, of various amounts such as premiums, expenses or allowances.
If no agreement has been entered into, the Conseil du trésor may fix the remuneration or the methods of remuneration by a regulation which stands in lieu of an agreement.
The provisions of the Labour Code (chapter C-27) and the Act respecting labour standards (chapter N-1.1) do not apply to a midwife governed by an agreement entered into under this section and who provides services for an institution under a service contract entered into under section 277.
2023, c. 34, s. 293.
Not in force
294. The provisions of an agreement entered into under section 293 continue to have effect, despite the expiry of the agreement, until the coming into force of a new agreement, which may be retroactive to the expiry of the previous agreement.
2023, c. 34, s. 294.
Not in force
295. An agreement under section 293 is binding on all the midwives who practise under a service contract referred to in section 277, whether or not they are members of the body with which the agreement was entered into.
2023, c. 34, s. 295.
Not in force
§ 3.  — Rules specific to nurses
2023, c. 34, Sd. 3.
Not in force
I.  — Director of nursing care
2023, c. 34, Sd. I.
Not in force
296. The president and executive director of a Santé Québec institution appoints a director of nursing care.
An institution’s director of nursing care must be a nurse.
2023, c. 34, s. 296.
Not in force
297. Under the immediate authority of the president and executive director, the director of nursing care, in addition to the other functions conferred by this Act, exercises the following functions:
(1)  supervising and monitoring the quality of nursing care provided within the institution;
(2)  ensuring that rules governing nursing care are drawn up;
(3)  where applicable, cooperating in drawing up the rules governing medical care and the rules governing the use of medications to be followed by nurses authorized to engage in activities referred to in section 36.1 of the Nurses Act (chapter I-8); and
(4)  where applicable, keeping and updating a register of the nurses authorized to engage in one or more of the activities referred to in that section.
2023, c. 34, s. 297.
Not in force
298. The director of nursing care may, for disciplinary reasons or on grounds of incompetence, limit or suspend a nurse’s authorization to engage in the activities referred to in section 36.1 of the Nurses Act (chapter I-8) within the institution.
The Ordre des infirmières et infirmiers du Québec must be informed of any measure taken under this section.
2023, c. 34, s. 298.
Not in force
299. Subject to the institution’s by-laws and under the immediate authority of the president and executive director, the director of nursing care must
(1)  ensure appropriate distribution of nursing care within the institution;
(2)  plan, coordinate and evaluate nursing care in relation to the needs of the institution;
(3)  manage the human, material and financial resources under their direction; and
(4)  carry out any other function entrusted by the president and executive director.
2023, c. 34, s. 299.
Not in force
II.  — Council of nurses
2023, c. 34, Sd. II.
Not in force
300. Santé Québec institutions each have a council of nurses.
The council is composed of all the nurses, including specialized nurse practitioners, and nursing assistants practising within the institution.
2023, c. 34, s. 300.
Not in force
301. In accordance with the by-laws of the institution, the council of nurses is responsible to the interdisciplinary council for the evaluation of trajectories and clinical organization for giving its opinion on the following matters, considering them from the viewpoint of the nurses:
(1)  the trajectories of clinical services within the institution, in particular as concerns their pertinence and their efficiency;
(2)  the institution’s technical, scientific and clinical organization;
(3)  the distribution of clinical services; and
(4)  any other matter brought to its attention by the interdisciplinary council.
2023, c. 34, s. 301.
Not in force
302. In accordance with the by-laws of the institution, the council of nurses is responsible to the director of nursing care for
(1)  generally assessing the quality of the nursing acts performed within the institution and of the activities referred to in section 36.1 of the Nurses Act (chapter I-8) carried on in the institution;
(2)  making recommendations on the following matters:
(a)  the nursing rules applicable to its members within the institution;
(b)  the rules relating to medical care and the use of medications which apply to its members; and
(c)  the appropriate distribution of the care provided by its members within the institution;
(3)  giving its opinion on the means to be taken to assess and maintain the competence of nurses; and
(4)  assuming any other function assigned to it by the director of nursing care.
In exercising its responsibilities, the council of nurses takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.
2023, c. 34, s. 302.
Not in force
303. The council of nurses may, with the authorization of the president and executive director, call on any expert to assist it in the exercise of its functions and powers. That expert, like the council, has access to a user’s record where the information contained in it is necessary for the exercise of the expert’s functions.
Before beginning to exercise those functions, the expert must take the oath provided for in Schedule I.
No judicial proceedings may be brought against the expert for an act or omission made in good faith in the exercise of the expert’s functions.
2023, c. 34, s. 303.
Not in force
304. The council of nurses may establish a committee composed of nursing assistants or a committee composed of specialized nurse practitioners and delegate to it the exercise of the functions provided for in section 302 with regard to those persons. The exercise of those functions is subject to the approval of the executive committee of the council of nurses.
The committee may adopt by-laws concerning its internal management, its operation and the pursuit of its purposes. The by-laws come into force after being approved by the executive committee.
2023, c. 34, s. 304.
Not in force
305. The functions of the council of nurses are exercised by an executive committee composed of at least four nurses, including a specialized nurse practitioner, and a nursing assistant, designated by the council, and of the director of nursing care.
The institution’s president and executive director or the person designated by the latter may participate in the work of the executive committee.
The executive committee has the powers of the council of nurses necessary for the exercise of its functions. It supervises and coordinates the work of the council’s other committees, if applicable.
The director of nursing care sees to the proper operation of the committees of the council of nurses and ensures that the nursing acts performed within the institution are properly assessed by the council.
2023, c. 34, s. 305.
Not in force
306. The council of nurses may adopt by-laws concerning its internal management, the creation and operation of committees in addition to the executive committee, and the pursuit of its purposes. The by-laws must prescribe the rules for designating the chair of the council and the chair of its executive committee. The by-laws come into force after being approved by the institution’s director of nursing care.
2023, c. 34, s. 306.
Not in force
307. Every recommendation of a committee established under section 304 that is not accepted by the executive committee of the council of nurses must be forwarded to the president and executive director of the institution accompanied with the reasons for the decision.
2023, c. 34, s. 307.
Not in force
308. The council of nurses must submit an annual report to the director of nursing care and to the institution board of directors concerning the carrying out of its functions and the opinions resulting from it.
2023, c. 34, s. 308.
Not in force
§ 4.  — Rules specific to multidisciplinary health services personnel
2023, c. 34, Sd. 4.
Not in force
I.  — Director of multidisciplinary health services
2023, c. 34, Sd. I.
Not in force
309. The president and executive director of a Santé Québec institution appoints a director of multidisciplinary health services.
2023, c. 34, s. 309.
Not in force
310. Subject to the institution’s by-laws and under the immediate authority of the president and executive director, the director of multidisciplinary health services must
(1)  supervise and monitor the quality of the services provided by the personnel who are members of the council of multidisciplinary health services referred to in section 311;
(2)  ensure the appropriate distribution of the services provided by the personnel who are members of that council within the institution;
(3)  plan, coordinate and assess the activities carried on by that personnel in relation to the institution’s needs;
(4)  manage the human, material and financial resources under the director’s direction;
(5)  contribute to the development and support of the personnel who are members of the council of multidisciplinary health services; and
(6)  carry out any other function entrusted to the director by the president and executive director.
2023, c. 34, s. 310.
Not in force
II.  — Council of multidisciplinary health services
2023, c. 34, Sd. II.
Not in force
311. Santé Québec institutions each have a council of multidisciplinary health services.
The council is composed of all the persons holding a college- or university-level diploma who exercise functions for the institution which are specific to the field of activity for which the diploma was granted and which are directly related to health services or to research or teaching in that field, except the persons who are members of the council of physicians, dentists, pharmacists and midwives, the council of nurses or the council of multidisciplinary social services.
2023, c. 34, s. 311.
Not in force
312. In accordance with the by-laws of the institution, the council of multidisciplinary health services is responsible to the interdisciplinary council for the evaluation of trajectories and clinical organization for giving its opinion on the following matters, considering them from the viewpoint of its members:
(1)  the trajectories of clinical services within the institution, in particular as concerns their pertinence and their efficiency;
(2)  the institution’s technical, scientific and clinical organization;
(3)  the distribution of clinical services; and
(4)  any other matter brought to its attention by the interdisciplinary council.
2023, c. 34, s. 312.
Not in force
313. In accordance with the institution’s by-laws, the council of multidisciplinary health services is responsible to the director of multidisciplinary health services for
(1)  forming, whenever required, the peer committees needed to assess and improve the quality of the professional practice of all its members within the institution;
(2)  making recommendations on the appropriate distribution of services provided by its members, in view of the local conditions of practice required to ensure the provision of services within the institution;
(3)  giving its opinion on the means to be used to assess and maintain the competence of its members; and
(4)  carrying out any other function entrusted to it by the director of multidisciplinary health services.
In exercising its responsibilities, the council of multidisciplinary health services takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.
2023, c. 34, s. 313.
Not in force
314. The council of multidisciplinary health services may, with the authorization of the president and executive director, call on any expert to assist it in the exercise of its functions and powers. That expert, like the council, has access to a user’s record where the information contained in it is necessary for the exercise of the expert’s functions.
Before beginning to exercise those functions, the expert must take the oath provided for in Schedule I.
No judicial proceedings may be brought against the expert for an act or omission made in good faith in the exercise of the expert’s functions.
2023, c. 34, s. 314.
Not in force
315. The functions of the council of multidisciplinary health services are exercised by an executive committee composed of at least three persons who hold different job titles and, if applicable, who are members of different professional orders, elected by and from among the members of the council, and of the director of multidisciplinary health services.
The institution’s president and executive director or the person designated by the latter may participate in the work of the executive committee.
The executive committee has the powers of the council of multidisciplinary health services necessary for the exercise of its functions. It supervises and coordinates the work of the council’s other committees, if applicable.
The director of multidisciplinary health services sees to the proper operation of the council’s committees and ensures that its members’ practice within the institution is properly assessed by the council.
2023, c. 34, s. 315.
Not in force
316. The council of multidisciplinary health services may adopt by-laws concerning its internal management, the creation and operation of committees, in addition to the executive committee, and the pursuit of its purposes. The by-laws must prescribe the rules for designating the chair of the council and the chair of its executive committee. The by-laws come into force after being approved by the director of multidisciplinary health services.
2023, c. 34, s. 316.
Not in force
317. The council of multidisciplinary health services must submit an annual report to the director of multidisciplinary health services and to the institution board of directors concerning the carrying out of its functions and the opinions resulting from it.
2023, c. 34, s. 317.
Not in force
§ 5.  — Rules specific to multidisciplinary social services personnel
2023, c. 34, Sd. 5.
Not in force
I.  — Director of multidisciplinary social services
2023, c. 34, Sd. I.
Not in force
318. The president and executive director of a Santé Québec institution appoints a director of multidisciplinary social services for the institution.
2023, c. 34, s. 318.
Not in force
319. Subject to the institution’s by-laws and under the immediate authority of the president and executive director, the director of multidisciplinary social services must
(1)  supervise and monitor the quality of the services provided by the personnel who are members of the council of multidisciplinary social services referred to in section 320;
(2)  ensure the appropriate distribution of the services provided by the personnel who are members of that council within the institution;
(3)  plan, coordinate and assess the activities carried on by that personnel in relation to the institution’s needs;
(4)  manage the human, material and financial resources under the director’s direction;
(5)  contribute to the development and support of the personnel who are members of the council of multidisciplinary social services; and
(6)  carry out any other function entrusted to the director by the president and executive director.
2023, c. 34, s. 319.
Not in force
II.  — Council of multidisciplinary social services
2023, c. 34, Sd. II.
Not in force
320. Santé Québec institutions each have a multidisciplinary social services council.
The council is composed of all the persons holding a college- or university-level diploma who exercise functions for the institution which are specific to the field of activity for which the diploma was granted and which are directly related to social services or to research or teaching in that field, except the persons who are members of the council of physicians, dentists, pharmacists and midwives, the council of nurses or the council of multidisciplinary health services.
2023, c. 34, s. 320.
Not in force
321. In accordance with the by-laws of the institution, the council of multidisciplinary social services is responsible to the interdisciplinary council for the evaluation of trajectories and clinical organization for giving its opinion on the following matters, considering them from the viewpoint of its members:
(1)  the trajectories of clinical services within the institution, in particular as concerns their pertinence and their efficiency;
(2)  the institution’s technical, scientific and clinical organization;
(3)  the distribution of clinical services; and
(4)  any other matter brought to its attention by the interdisciplinary council.
2023, c. 34, s. 321.
Not in force
322. In accordance with the institution’s by-laws, the council of multidisciplinary social services is responsible to the director of multidisciplinary social services for
(1)  forming, whenever required, the peer committees needed to assess and improve the quality of the professional practice of all its members within the institution;
(2)  making recommendations on the appropriate distribution of the services provided by its members, in view of the local conditions of practice required to ensure the provision of services within the institution;
(3)  giving its opinion on the means to be used to assess and maintain the competence of its members; and
(4)  carrying out any other function entrusted to it by the director of multidisciplinary social services.
In exercising its responsibilities, the council of multidisciplinary social services takes into account the necessity of providing adequate and efficient services to users, the institution’s organizational structure and the resources available to the institution.
2023, c. 34, s. 322.
Not in force
323. The council of multidisciplinary social services may, with the authorization of the president and executive director, call on any expert to assist it in the exercise of its functions and powers. That expert, like the council, has access to a user’s record where the information contained in it is necessary for the exercise of the expert’s functions.
Before beginning to exercise those functions, the expert must take the oath provided for in Schedule I.
No judicial proceedings may be brought against the expert for an act or omission made in good faith in the exercise of the expert’s functions.
2023, c. 34, s. 323.
Not in force
324. The functions of the council of multidisciplinary social services are exercised by an executive committee composed of at least three persons who hold different job titles and, if applicable, who are members of different professional orders, elected by and from among the members of the council, and of the director of multidisciplinary social services.
The institution’s president and executive director or the person designated by the latter may participate in the work of the executive committee.
The executive committee has the powers of the council of multidisciplinary social services necessary for the exercise of its functions. It supervises and coordinates the work of the council’s other committees, if applicable.
The director of multidisciplinary social services sees to the proper operation of the council’s committees and ensures that its members’ practice within the institution is properly assessed by the council.
2023, c. 34, s. 324.
Not in force
325. The council of multidisciplinary social services may adopt by-laws concerning its internal management, the creation and operation of committees, in addition to the executive committee, and the pursuit of its purposes. The by-laws must prescribe the rules for designating the chair of the council and the chair of its executive committee. The by-laws come into force after being approved by the institution’s director of multidisciplinary social services.
2023, c. 34, s. 325.
Not in force
326. The council of multidisciplinary social services must submit an annual report to the director of multidisciplinary social services and to the institution board of directors concerning the carrying out of its functions and the opinions resulting from it.
2023, c. 34, s. 326.
Not in force
DIVISION V
REPORTING
2023, c. 34, Div. V.
Not in force
327. A Santé Québec institution must, on or before 30 June each year, file an annual management report for the preceding fiscal year with the president and chief executive officer.
The report must be filed in the form determined by the Minister and contain any information required by the Minister.
2023, c. 34, s. 327.
Not in force
CHAPTER II
GROUPED INSTITUTIONS
2023, c. 34, c. II.
Not in force
328. Grouped institutions are the institutions referred to in Schedule II. They are public institutions even if they are not established under section 42. The Minister determines which Santé Québec institution each grouped institution is attached to.
Each grouped institution provides any group of services determined by the board of directors of Santé Québec from among those described in section 4, except local community services and child and youth protection services.
Sections 46 and 47 apply to a grouped institution, with the necessary modifications. Likewise, the resolution of the board of directors determining the services it offers includes the particulars provided for in paragraphs 1, 3 and 4 of section 48.
2023, c. 34, s. 328.
Not in force
329. The board of directors of Santé Québec administers the affairs of the grouped institutions and exercises with respect to them, with the necessary modifications, all the powers that Santé Québec has with respect to its institutions, subject to the special provisions of this chapter.
Santé Québec’s by-laws, as well as section 52, the first paragraph of section 53 and sections 65, 104 to 107, 116 to 122 and 179 to 187 also apply, with the necessary modifications, to grouped institutions.
2023, c. 34, s. 329.
Not in force
330. The organizational structure of a grouped institution is that of the Santé Québec institution to which it is attached. The president and executive director and the main officers of the Santé Québec institution exercise, with respect to the grouped institution, the same functions and responsibilities as those they exercise with respect to the Santé Québec institution.
The Santé Québec institution provides the grouped institution with the personnel and other resources necessary for its activities. Likewise, the physicians and dentists who practice their profession within the Santé Québec institution are authorized to practice, on the same conditions, within the grouped institution, and the service contracts binding the Santé Québec institution and midwives allow the latter to practice their profession, on the same conditions, for the grouped institution.
In addition, all the boards, councils, entities and committees of the Santé Québec institution, except the users’ committee referred to in section 179 and, where applicable, the residents’ committee referred to in that section and the advisory committee referred to in section 160, exercise, with respect to the grouped institution, the same functions and responsibilities as those they exercise with respect to the Santé Québec institution.
2023, c. 34, s. 330.
Not in force
331. Despite subparagraph 1 of the second paragraph of section 133, the institution board of directors of the Santé Québec institution to which a grouped institution is attached includes, as applicable, the representative designated by the foundation of the Santé Québec institution or of the grouped institution or, if there is more than one foundation, the person the foundations designate.
The representative’s or person’s term may not exceed four years.
2023, c. 34, s. 331.
Not in force
332. The resource allocation mechanisms established by Santé Québec under section 115 must provide for the allocation of a single resource envelope to the Santé Québec institution to which a grouped institution is attached for all its activities and those of the grouped institution.
Likewise, such a Santé Québec institution and such a grouped institution are considered as a whole for the purposes of the financial statements filed by Santé Québec under section 127. Santé Québec or its institution, as applicable, also files, in a unified manner, any act of an administrative nature, report or other document that must be filed by any of them.
2023, c. 34, s. 332.
Not in force
333. A grouped institution must contract only for the purposes of the conservation, administration and disposition of its immovables.
Despite the first paragraph, a grouped institution may enter into any contract with Santé Québec.
2023, c. 34, s. 333.
Not in force
334. The board of directors of Santé Québec must see to it that the members of a grouped institution adopt a by-law to determine the conditions to be admitted as a member of the institution, members’ rights and obligations and the criteria or conditions relating to their resignation, suspension or exclusion.
If the members of the institution fail to do so, the board of directors must act in their stead.
Any by-law by the members of the institution that is made under the first paragraph must, to come into force, be submitted to the board of directors for approval.
2023, c. 34, s. 334.
Not in force
335. The members of a grouped institution may, by by-law, form a board of governors or a board of delegates to represent them, and determine the composition, the rules of internal management and the functions and duties of such a board, as well as the method of appointment, the term of office, and the method of dismissal of a governor or delegate. Notices which must be sent to members of the institution are validly sent if addressed to the board of governors or delegates.
The by-law from the members of the institution may provide that the exercise of the powers assigned by this chapter to the members may be entrusted to the board of governors or delegates.
2023, c. 34, s. 335.
Not in force
336. A Santé Québec institution to which a grouped institution is attached records in a register the name, address and occupation of each member of the grouped institution and, where applicable, those of its governors or delegates. Similarly, it records in its books the by-laws adopted by the members and the minutes of their meetings as well as, where applicable, the by-laws adopted by the governors or delegates and the minutes of their meetings.
2023, c. 34, s. 336.
Not in force
337. The board of directors of Santé Québec must obtain the consent of at least two-thirds of the votes cast by the members of a grouped institution with regard to any decision relating to access to services of a cultural or linguistic nature provided in the facilities of that institution.
2023, c. 34, s. 337.
Not in force
338. A grouped institution that requests the withdrawal of a recognition under the third paragraph of section 29.1 of the Charter of the French language (chapter C-11) must, for the request to be admissible, attach the following documents to it:
(1)  a favourable recommendation by at least two-thirds of the votes cast by the members of the institution;
(2)  a favourable recommendation by the national committee formed under section 416; and
(3)  a favourable recommendation by at least two-thirds of the members of the regional committee formed for the health region under section 417.
2023, c. 34, s. 338.
Not in force
339. No constituting act of a grouped institution may be amended, revoked or abandoned without the written authorization of the Minister. However, the Minister may, with the same effects, give such authorization in cases where the constituting act of the institution has been amended, revoked or abandoned without that authorization.
For the purposes of this chapter, “constituting act” means the special Act constituting the institution, the letters patent, the supplementary letters patent, the articles of constitution or continuance and any other document or charter granted for its constitution.
2023, c. 34, s. 339.
Not in force
340. Where a grouped institution has been constituted by a special Act, the enterprise registrar may, despite any inconsistent legislative provision, issue supplementary letters patent to amend the constituting act of the institution on an application by Santé Québec authorized by the Minister in accordance with section 339.
The enterprise registrar publishes the supplementary letters patent in the Gazette officielle du Québec, with a notice indicating the date on which they come into effect. The Québec Official Publisher must include in the annual compilation of the statutes of Québec printed after the issuance of the supplementary letters patent a table indicating both the date of effect of the supplementary letters patent and the legislative provisions they amend.
The application referred to in the first paragraph must be signed by the president and chief executive officer of Santé Québec and by the chair of its board of directors. It must also be supported by a resolution adopted by the board of directors, which must be approved by at least two-thirds of the votes cast by the members of the institution.
2023, c. 34, s. 340.
Not in force
341. The board of directors of Santé Québec must notify the members of a grouped institution of any measure that may entail a reduction in the value or a change in the destination of the immovables of the institution.
The board of directors of Santé Québec may not alienate an immovable of such an institution or change its destination except with the approval of at least two-thirds of the votes cast by its members.
2023, c. 34, s. 341.
Not in force
342. Where the acquisition of an immovable surplus to requirements of a grouped institution or its construction or the work carried out on it has been financed with funds other than funds provided, in whole or in part, by government subsidy or other than funds provided entirely by public subscription, provided that such investment has not been the subject of a reimbursement or compensation, the proceeds from the alienation of the immovable and the income arising from the proceeds may be transferred to a foundation of the institution or paid into a special fund the administration of which is entrusted to the members of the institution to be used for one of the following purposes:
(1)  the purchase, construction, renovation, improvement, enlargement or development of immovable property of the institution;
(2)  the purchase, installation, improvement or replacement of furnishings, equipment or machinery of the institution;
(3)  the research activities of the institution;
(4)  the improvement of the quality of life of the users of the institution; or
(5)  the training and development of the human resources provided by the Santé Québec institution to which the grouped institution is attached, for specific needs.
The proceeds from the alienation of the immovable and the income arising from the proceeds may also be transferred to another non-profit legal person whose activities are related to the field of health and social services if the authorization required under subparagraph b of subparagraph 2 of the first paragraph of section 104, where applicable, so provides.
The rules set out in the first and second paragraphs also apply to funds constituted by the members of the institution before 23 June 1992 and which have traditionally been administered by those members.
Any immovable surplus to requirements may also be transferred to a foundation of the institution or, if the authorization required under subparagraph b of subparagraph 2 of the first paragraph of section 104, where applicable, so provides, to another non-profit legal person whose activities are related to the field of health and social services.
For the purposes of this section, “immovable surplus to requirements” means an immovable which the institution, Santé Québec and the Minister foresee will not be used for the purposes of another institution for whatever purpose for the five ensuing years.
2023, c. 34, s. 342.
Not in force
343. At the request of one or more groups composed of employees or professionals who work at a facility of a grouped institution or of persons from a sector of the population served by the grouped institution, Santé Québec must establish for the institution a single advisory committee charged with making recommendations to the board of directors of Santé Québec on the means to be implemented to preserve the cultural, historic, linguistic or local character of the institution and, if applicable, with establishing the necessary ties with the foundations of the institution as well as with the persons in charge of research activities.
The committee is composed of seven members who are qualified to carry out its mandate and appointed by Santé Québec’s board of directors. For that purpose, the board must invite interested groups to provide it with lists of names from which it selects the committee members.
The committee must establish its operating rules.
2023, c. 34, s. 343.
Not in force
CHAPTER III
PRIVATE INSTITUTIONS
2023, c. 34, c. III.
Not in force
DIVISION I
ORGANIZATION AND OPERATION
2023, c. 34, Div. I.
Not in force
344. A private institution must determine its administrative, professional and scientific organization.
2023, c. 34, s. 344.
Not in force
345. Section 46 applies, with the necessary modifications, to a private institution.
2023, c. 34, s. 345.
Not in force
346. A private institution must fulfill the following obligations:
(1)  create a watchdog committee to which sections 155, 156, 158 and 159 apply;
(2)  establish a risk management committee to which sections 174 and 176 to 178 apply;
(3)  establish a users’ committee and, where applicable, a residents’ committee to which sections 179 to 187 apply; and
(4)  adopt rules regarding disclosure to a user, to the representative of a user who is a minor or an incapable person of full age or, in the event of a user’s death, to the user’s heirs, legatees by particular title or the liquidator of the succession of any necessary information when an accident occurs.
The provisions to which the first paragraph refers apply with the following modifications and any other necessary modifications:
(1)  a reference to the board of directors of the private institution or, if the institution is not a legal person, to the authorization holder is substituted for any reference to the institution board of directors of an institution of Santé Québec and for any reference to the board of directors of Santé Québec;
(2)  a reference to the private institution’s by-laws is substituted for any reference to Santé Québec’s by-laws; and
(3)  a reference to the most senior officer of the private institution is substituted for any reference to the president and executive director of an institution of Santé Québec.
Santé Québec may, by regulation, determine which powers, from among those conferred on a private institution’s most senior officer by the provisions referred to in the first paragraph, may be withdrawn or restricted by the institution’s board of directors in order for the board to exercise them itself.
2023, c. 34, s. 346.
Not in force
347. The watchdog committee created for a private institution under subparagraph 1 of the first paragraph of section 346 is composed of at least five persons including the most senior officer of the institution, a service quality and complaints commissioner and another person designated by Santé Québec and any other person that the institution’s board of directors designates or, if the institution is not a legal person, that the holder of the authorization designates.
2023, c. 34, s. 347.
Not in force
348. The composition of the risk management committee established for a private institution under subparagraph 2 of the first paragraph of section 346 must ensure a balanced representation of employees and users of the institution, of persons practising within the institution and, if applicable, of persons who, under a service contract, provide services to the institution’s users on behalf of the institution.
In addition, the institution’s most senior officer or the person designated by the officer is a committee member by virtue of office.
2023, c. 34, s. 348.
Not in force
349. Despite subparagraph 3 of the first paragraph of section 346, a private institution providing long-term lodging in facilities in more than one health region may choose to set up one users’ committee for each region or a single users’ committee for two or more regions.
2023, c. 34, s. 349.
Not in force
350. Every private institution must adopt a code of ethics which sets out
(1)  the rights of users;
(2)  the practices and conduct expected of persons who, within the institution, engage in activities in respect of users; and
(3)  the rules governing the use of the information referred to in section 378.
The institution must give a reproduction of the code of ethics to every user it lodges or who requests it.
2023, c. 34, s. 350.
Not in force
351. A private institution must appoint a person responsible for the quality of services.
The person responsible must, in particular, supervise and monitor the quality of clinical services offered to users and see that abnormal situations are detected in a timely manner. The person responsible must have the authority to diligently remedy such a situation or have free access to the person having such authority.
2023, c. 34, s. 351.
Not in force
352. A private institution operating a hospital centre, a residential and long-term care centre or a rehabilitation centre must appoint a director of nursing care, who must be a nurse.
Santé Québec may exempt a private institution from the obligation to appoint a director of nursing care if the number of beds the institution has in its facilities to lodge users does not warrant the appointment of such a director.
Santé Québec may also exempt a private institution operating a rehabilitation centre from that obligation if the nature of the services it provides does not warrant the appointment of such a director.
2023, c. 34, s. 352.
Not in force
353. Under the immediate authority of the private institution’s most senior officer, the director of nursing care exercises the following functions:
(1)  supervising and monitoring the quality of nursing care provided in the institution;
(2)  ensuring that rules governing nursing care which take into account the necessity of providing adequate and efficient services to the users as well as the organization and resources available to the institution are drawn up;
(3)  ensuring appropriate distribution of nursing care in the institution;
(4)  planning, coordinating and evaluating nursing care in relation to the needs of the institution;
(5)  managing the human, material and financial resources under the director’s direction;
(6)  where applicable, keeping and updating a register of the nurses authorized to engage in the activities referred to in section 36.1 of the Nurses Act (chapter I-8); and
(7)  exercising any other function conferred by the institution’s most senior officer.
2023, c. 34, s. 353.
Not in force
354. The director of nursing care may, for disciplinary reasons or on grounds of incompetence, limit or suspend a nurse’s right to engage in the activities referred to in section 36.1 of the Nurses Act (chapter I-8) in the centre.
The Ordre des infirmières et infirmiers du Québec must be informed of any measure taken under this section.
2023, c. 34, s. 354.
Not in force
355. If a private institution avails itself of the exemption to appoint a director of nursing care provided for in the second paragraph of section 352, it must appoint a person responsible for nursing care, who must be a nurse.
2023, c. 34, s. 355.
Not in force
356. If a director of nursing care or a person responsible for nursing care is appointed for a private institution, they may also exercise the functions of the person responsible for the quality of services provided for in section 351.
2023, c. 34, s. 356.
Not in force
DIVISION II
SUPPLY OF SERVICES
2023, c. 34, Div. II.
Not in force
357. A private institution determines its range of health services or social services in accordance with the authorization granted by Santé Québec for the operation of the institution.
The institution also determines parameters for the health services or social services it provides and submits such parameters to the approval of Santé Québec.
2023, c. 34, s. 357.
Not in force
358. Santé Québec may, if it considers that it is in the public interest, require that a private institution carry on the activities necessary for the provision of any services it determines, that it cease carrying on certain activities or that it amend its supply of services in any other manner. Before making such a decision, it must give the holder of the authorization the opportunity to submit observations.
The authorization holder must, within six months after the date of issue of the document attesting the authorization modified by Santé Québec and despite any inconsistent provision, take the necessary measures to carry out the modifications required as a consequence of Santé Québec’s decision.
2023, c. 34, s. 358.
Not in force
DIVISION III
VERIFICATION OF THE JUDICIAL RECORDS OF HUMAN RESOURCES
2023, c. 34, Div. III.
Not in force
359. A private institution must ensure that any person, including a professional, trainee or volunteer, who engages in an activity determined by regulation of Santé Québec in one of the institution’s facilities is the subject, in accordance with this division, of a verification of judicial record entries related to the aptitudes required and appropriate conduct for engaging in such an activity.
A judicial record entry related to the aptitudes required and appropriate conduct for engaging in a determined activity within an institution is
(1)  a finding of guilt, pronounced within a number of years that is less than the number of years prescribed by the regulation made under the first paragraph, for an offence under the regulation, unless a pardon has been obtained, or a proceeding still pending for such an offence; or
(2)  a finding of guilt for a criminal offence other than an offence referred to in subparagraph 1 which is related to those aptitudes and that conduct, unless a pardon has been obtained, or a proceeding still pending for such an offence.
The regulation provided for in the first paragraph may prescribe the intervals at which an institution must ensure that a person is the subject of the verification provided for in that paragraph.
2023, c. 34, s. 359.
Not in force
360. A request by a private institution for verification of a judicial record is to be made to a police force in Québec.
The institution must, for that purpose, obtain the consent of the person who is the subject of the verification for
(1)  the verification of their judicial record and the communication to any police force of the information necessary for the verification; and
(2)  the sending by the police force to the institution of any document provided for in the first paragraph of section 361.
A reproduction of the consent must be submitted with the request to the police force.
2023, c. 34, s. 360.
Not in force
361. A police force that conducts a verification is required to issue one of the following documents to the institution that requested it, as applicable:
(1)  a document certifying that databases available to them do not contain information that establishes that the person has a judicial record, including any proceedings still pending; this document is called a “certificate of no judicial record” ; or
(2)  a list of all of the entries on the person’s judicial record, including any proceedings still pending; the list is called a “judicial record list”.
The Government prescribes, by regulation, the form of those documents and the fees payable for their issue. No private institution may have those costs paid, even indirectly, by a member of its personnel or by a person who wishes to become a member of its personnel.
The institution must send to the person who is the subject of the verification a copy of the document that was issued to it.
The certificate of no judicial record issued under subparagraph 1 of the first paragraph is valid for a period of three years.
2023, c. 34, s. 361.
Not in force
362. No person who has received a list of their judicial record entries that includes an entry referred to in subparagraph 1 of the second paragraph of section 359 may engage in the determined activities in a facility maintained by a private institution.
2023, c. 34, s. 362.
Not in force
363. A person who has received a list of their judicial record entries that does not include any entry referred to in subparagraph 1 of the second paragraph of section 359 must, if they wish to continue or begin engaging in a determined activity in a facility maintained by a private institution, request the institution to decide whether the entries on the list are related to the aptitudes required and appropriate conduct for engaging in such an activity.
2023, c. 34, s. 363.
Not in force
364. A person who submits a request under section 363 may, for that purpose, submit observations to the institution.
2023, c. 34, s. 364.
Not in force
365. The institution that must decide whether judicial record entries are related to the aptitudes required and appropriate conduct for engaging in an activity must send the judicial record list to Santé Québec if the person who is the subject of the verification is the institution’s most senior officer, a candidate for that office or a person related to the natural person responsible for making the decision within the institution. The decision is then made by Santé Québec.
For the purposes of the first paragraph, a person is related to another person if that other person is
(1)  the person’s spouse or child, the child of the person’s spouse, the person’s father, mother or parent, uncle or aunt, or brother or sister, or their spouses;
(2)  the person’s partner or the partnership in which the person is a partner;
(3)  a legal person controlled by the person or by a person referred to in subparagraph 1;
(4)  a legal person in which the person holds, directly or indirectly, 10% or more of all voting rights attached to the shares issued by that legal person or 10% or more of all such shares;
(5)  a legal person of which the person is a director or officer; or
(6)  a person, other than a financial institution or Santé Québec, who directly or indirectly grants the person a security, a loan or any other economic benefit in relation to the constitution of the private institution or the funding of its activities.
2023, c. 34, s. 365.
Not in force
366. If an institution or, as applicable, Santé Québec decides that a person’s judicial record entries are related to the aptitudes required and appropriate conduct for engaging in a determined activity in one of its facilities, it issues the person a notice to that effect. The decider must first allow the person to submit observations.
Otherwise, it issues to the person a certificate of no judicial record attesting that the person has no judicial record related to the aptitudes required and appropriate conduct for engaging in such an activity. The certificate is valid for a period of three years.
Santé Québec also sends the institution a copy of the notice or certificate issued to the person who is the subject of the verification.
The institution keeps any notice or certificate it issues or receives.
The Government prescribes, by regulation, the form and content of the certificate.
2023, c. 34, s. 366.
Not in force
367. No person to whom a notice of the presence of judicial record entries has been issued may engage in the determined activities referred to in section 359 in a facility maintained by a private institution.
2023, c. 34, s. 367.
Not in force
368. Any person referred to in section 359 must inform the private institution in which that person engages in an activity of any change in their judicial record.
2023, c. 34, s. 368.
Not in force
369. An institution is not required to ensure that a person referred to in section 359 is the subject of the verification provided for in that section if the person
(1)  holds a valid certificate of no judicial record issued under subparagraph 1 of the first paragraph of section 361 or the second paragraph of section 366 attesting that they do not have any judicial record entries related to aptitudes required and appropriate conduct for engaging in the activity they are engaging in or intend to engage in within the institution; and
(2)  provides an affidavit attesting that they have not been accused or convicted, since the certificate was issued, of an offence referred to in the second paragraph of section 359.
2023, c. 34, s. 369.
Not in force
370. Santé Québec prepares a judicial record verification guide for private institutions and ensures its dissemination.
2023, c. 34, s. 370.
Not in force
371. Santé Québec may, by regulation, prescribe any terms it considers necessary for the application of the judicial record verification provided for in this division to persons who have been residing in Canada for less than a year and to persons having resided outside Canada for the period provided for in the regulation.
2023, c. 34, s. 371.
Not in force
DIVISION IV
CONTRIBUTIONS, FOUNDATIONS AND INSURANCE
2023, c. 34, Div. IV.
Not in force
372. Any private institution may receive gifts, legacies, subsidies or other voluntary contributions from any person or any public or private body wishing to assist in the carrying out of the institution’s mission.
Where the institution receives a contribution allocated by its contributor for special purposes, or to provide the institution with capital that must be preserved and of which only the income may be used, it must deposit or invest the contribution in accordance with the provisions of the Civil Code respecting investments presumed sound, until it disposes of the contribution in accordance with its allocation.
2023, c. 34, s. 372.
Not in force
373. A private institution may, with the prior authorization of Santé Québec, entrust the administration of the contributions it receives to a foundation of the institution provided that the foundation meets the conditions set out in section 120, with the necessary modifications, that it is established in accordance with the statutes of Québec and that nothing in its constituting act prevents it from administering such funds.
The foundation acts as an administrator of the property of others entrusted with full administration, unless the institution entrusts the foundation with simple administration only.
In cases of dissolution of the foundation of the institution, the funds which have not yet been used for the special purposes stipulated, together with the accrued income and interest derived from the investment of the funds, must be returned to the institution and administered in the manner prescribed in the second paragraph of section 372.
2023, c. 34, s. 373.
Not in force
374. A private institution that is not represented by the health and social services network insurance manager referred to in the first paragraph of section 788 for its damage insurance needs must enter into a damage insurance contract with regard to acts for which it may be held liable.
2023, c. 34, s. 374.
Not in force
DIVISION V
USERS’ RECORDS
2023, c. 34, Div. V.
Not in force
375. A private institution must establish and keep a record for each user who receives health services or social services from it, subject to the regulation made under subparagraph 1 of the second paragraph of section 77.
2023, c. 34, s. 375.
Not in force
DIVISION VI
ASSESSMENT AND REPORTING
2023, c. 34, Div. VI.
Not in force
376. A private institution must send a report on its activities to Santé Québec, according to the form and content and at the intervals determined by regulation of Santé Québec.
2023, c. 34, s. 376.
Not in force
377. Every two years, a private institution must, using the form prescribed by Santé Québec, provide a statement to Santé Québec attesting that the institution’s facilities and their capacity are the same as those specified in the authorization.
2023, c. 34, s. 377.
Not in force
378. Every private institution must, at the request of Santé Québec, take part in the assessment of the overall performance of the health and social services system; it must comply with the directives Santé Québec gives it for that purpose.
An institution may use the name, address, telephone number and other contact information for reaching a user that are contained in the user’s record to carry out surveys to ascertain user expectations and satisfaction with respect to the quality of the services offered by the institution.
A user may at any time request that the institution no longer use the information concerning the user for such a purpose.
2023, c. 34, s. 378.
Not in force
TITLE II
PROVISION OF HEALTH SERVICES AND SOCIAL SERVICES
2023, c. 34, Tit. II.
Not in force
CHAPTER I
PROVISIONS APPLICABLE TO PUBLIC AND PRIVATE INSTITUTIONS
2023, c. 34, c. I.
Not in force
379. The function of an institution is to ensure the provision of safe, continuous and accessible quality health services or social services which respect the rights and spiritual needs of individuals and which aim at preventing or solving health and well-being problems and responding to the needs of the various population groups.
2023, c. 34, s. 379.
Not in force
380. An institution must follow recognized practices in the following matters:
(1)  governance and means suitable for ensuring the quality of services, in particular with regard to their safety, pertinence and effectiveness; and
(2)  governance and means suitable for preventing and controlling infections associated with its provision of services.
2023, c. 34, s. 380.
Not in force
381. It is incumbent on the most senior officer of an institution to see to it that the recognized practices in the matters referred to in paragraph 2 of section 380 are followed.
To that end, that officer must entrust to certain persons forming part of the personnel and to certain other persons carrying on their activities within the institution, or to a committee composed of such persons, the responsibilities for seeing to the implementation of those practices, to compliance with the measures for preventing and controlling infections associated with the provision of services, and to the detection of situations contrary to them.
2023, c. 34, s. 381.
Not in force
382. The public institution must ensure that a physician can, in a timely manner, advise, regarding infection prevention and control, the institution’s most senior officer, the persons or committee that have been entrusted with the responsibilities referred to in the second paragraph of section 381, and the institution’s professional councils and other entities that so request.
The holder of the authorization for the operation of a private institution and the territorial institution established for the health region where the institution is operated must, by an agreement entered into under section 518, agree on the terms according to which the territorial institution offers the services of a physician to advise, regarding infection prevention and control, the authorization holder’s most senior officer and the persons or committee that have been entrusted with the responsibilities referred to in the second paragraph of section 381. The territorial institution offers those services taking into account the resources at its disposal and the priorities and needs of the region.
The physician referred to in the first and second paragraphs also exercises, within the institution, any other function relating to infection prevention and control that may be prescribed in the regulation made under section 75.
2023, c. 34, s. 382.
Not in force
383. An institution must
(1)  receive and assess the needs of any person requiring health services or social services;
(2)  treat users with courtesy, fairness and understanding, with respect for their dignity, autonomy, needs and safety;
(3)  directly provide the physical, mental and psychosocial health services or social services required in keeping with the objectives set out in section 2 or, in accordance with this Act, have them provided on its behalf by a person or group with which it has entered into an agreement under section 518 or 528;
(4)  see that its services are provided in continuity and complementarity with those provided by the other persons and groups, and that such services are organized in a way that reflects the needs of the population it serves; and
(5)  direct persons to whom it is unable to provide certain services to a person or group that provides them.
2023, c. 34, s. 383.
Not in force
384. No health services and social services supplied by an institution or on its behalf may be provided from a distance, except in the cases and on the conditions that Santé Québec determines by regulation.
2023, c. 34, s. 384.
Not in force
385. An institution operating a local community service centre ensures that persons who require local community services of a preventive or curative nature, or local community rehabilitation or reintegration services, for themselves or for their families are contacted, that their needs are assessed and that the required services are offered to them within its facilities or in their living environment, at school, in the workplace or at home or, if necessary, ensures that they are referred to the centres, bodies or persons best suited to assist them.
2023, c. 34, s. 385.
Not in force
386. Santé Québec determines, by regulation, the conditions and procedure of registration, enrolment, admission, transfer, discharge or absence for the users.
The regulation may prescribe the information to be required from a user, in particular at the time of the user’s enrolment or admission in or to a centre operated by an institution.
2023, c. 34, s. 386.
Not in force
387. The most senior officer of an institution which has set up a clinical department of emergency medicine must see that the following standards are drawn up and submitted for approval to the board of directors of Santé Québec:
(1)  adequate operating standards for its emergency service; and
(2)  standards which are consistent with an adequate distribution of emergency cases for the use and allocation of beds.
After consultation with the territorial departments concerned, the board of directors of Santé Québec approves the standards drawn up under the first paragraph where it considers them appropriate for distributing emergency cases and ensuring a prompt and adequate response to the needs of the users.
The board of directors of Santé Québec may establish the standards described in the first paragraph where the institution fails to draw them up or submit them to the board.
2023, c. 34, s. 387.
Not in force
388. An institution must comply with the standards approved or established under section 387.
2023, c. 34, s. 388.
Not in force
389. An institution must develop for users of a class determined by regulation of Santé Québec, to the extent prescribed therein, an intervention plan in order to identify the users’ needs, the objectives pursued, the means to be used and the estimated period during which services are to be provided to them. The intervention plan must ensure coordination of the services provided to the user by the various resource persons of the institution that are involved.
2023, c. 34, s. 389.
Not in force
390. Where a user of a class determined by regulation of Santé Québec is to receive over an extended period health services or social services which require, in addition to the participation of an institution, that of other resource persons, the institution which provides the greater part of the services involved or the resource person designated jointly by the resource persons concerned must, as soon as possible, develop an individualized service plan for the user.
2023, c. 34, s. 390.
Not in force
391. Each of the plans referred to in sections 389 and 390, respectively, must be developed with the participation of the user, as provided in section 13.
The plans must contain a timetable for assessment and review. They may, however, be modified at any time to take account of new circumstances.
Furthermore, the plans must, where applicable, mention the objectives and means aimed at fostering the cultural continuity of an Indigenous child who is entrusted to an alternative living environment under the Youth Protection Act (chapter P-34.1).
2023, c. 34, s. 391.
Not in force
392. Any personnel member assigned to performing tasks within an institution, any person practising in a centre operated by an institution, any person undergoing training or any person who, under a service contract, provides services to users of an institution on behalf of the institution must, as soon as possible after becoming aware of any incident or accident, report it to the most senior officer of the institution or to a person the officer designates.
Such incidents or accidents must be reported using the form provided for such purposes. The form must be filed in the user’s record.
2023, c. 34, s. 392.
Not in force
393. Force, isolation, mechanical means or chemicals may be used as a measure to control a person in a facility maintained by an institution only to prevent the person from inflicting harm upon themselves or others. The use of such a measure must be minimal, resorted to only exceptionally and must be adapted to the person’s physical and mental state.
Any measure referred to in the first paragraph applied in respect of a person must be noted in detail in the person’s record. In particular, a description of the means used, the time during which they were used and a description of the behaviour which gave rise to the application or continued application of the measure must be recorded.
Every institution must adopt a procedure for the application of such measures in keeping with the orientations determined by the Minister, make the procedure known to the users of the institution and evaluate the application of such measures annually.
2023, c. 34, s. 393.
Not in force
394. Any institution referred to in section 6 or 9 of the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001) must adopt a procedure to regulate the confinement of persons in its facilities. The procedure must be in keeping with the orientations determined by the Minister and be made known to personnel assigned to performing tasks within the institution and the persons practising in a centre it operates as well as the users concerned and their significant family members.
The procedure must, among other things, provide that the following be entered or filed in the confined user’s record:
(1)  the duration, including the start and end dates, of the confinement, as well as the time in the case of preventive or temporary confinement;
(2)  a description of the danger that warrants placing and keeping the user under confinement;
(3)  a reproduction of the psychiatric examination reports, of the applications for confinement in the facilities of the institution presented to the court by Santé Québec, if it is a public institution, or by a private institution and of any judgment ordering confinement;
(4)  if a psychiatric assessment was carried out without a temporary confinement order, a note attesting that the user’s consent to the assessment was obtained; and
(5)  the date on which the information required under section 15 of the Act respecting the protection of persons whose mental state presents a danger to themselves or to others was transmitted to the user.
The most senior officer of the institution must report at least once every three months on the implementation of the procedure, indicating, for the period concerned, the number of preventive or temporary confinements, the number of confinements authorized under article 30 of the Civil Code and the number of applications for confinement in the facilities of the institution presented to the court by Santé Québec, if it is a public institution, or by the private institution. If it is a public institution, the report must be sent to the board of directors of Santé Québec. A summary of the reports submitted must be included in a separate section of Santé Québec’s annual management report referred to in section 127. If it is a private institution, the report must be sent to its board of directors or, if the institution is not a legal person, to the holder of the authorization and the institution must include a summary of such reports obtained in the activity report it sends Santé Québec under section 376.
2023, c. 34, s. 394.
Not in force
395. Subject to sections 396 to 400, an institution may provide only medications in respect of which a notice of compliance has been issued by the federal government for the therapeutic indications recognized by the Institut national d’excellence en santé et en services sociaux that appear on the list drawn up by the Minister for that purpose.
2023, c. 34, s. 395.
Not in force
396. For purposes of a specific medical necessity, an institution may provide medications not appearing on the list referred to in section 395 and medications appearing on the list but that are used for therapeutic indications not set out in the list, provided that the intended therapeutic indication for a particular user appears in the notice of compliance issued by the federal government.
Similarly, the institution may provide, for exceptional treatment purposes, medications other than those appearing on the list and which have obtained the notice of compliance issued by the federal government for a therapeutic indication other than the intended therapeutic indication for the user or in respect of which no notice of compliance has been issued by the federal government.
For the purposes of the first paragraph, “specific medical necessity” means a demonstrated need which, given the user’s particular condition, cannot be fulfilled by any of the therapeutic indications of the medications recorded on the list referred to in section 395.
For the purposes of the second paragraph, “exceptional treatment” means a medication that is required because of an exceptional demonstrated need that, given the seriousness of the user’s particular condition, cannot be fulfilled by any of the therapeutic indications of the medications for which a notice of compliance has been issued by the federal government.
2023, c. 34, s. 396.
Not in force
397. A professional authorized to prescribe medications must, to use a medication which may be provided subject to the conditions set out in section 396, obtain a written authorization from the institution’s pharmacology committee. The committee may not grant its authorization if the Institut national d’excellence en santé et en services sociaux has, in a notice to the Minister, refused to recognize the therapeutic value of the medication for the therapeutic indication for which the application for authorization is made.
The professional must set out in writing both the medication’s favourable efficacy potential and the other reasons for the application. The professional must submit the scientific data in support of the application showing that the medication the professional wishes to use will effectively meet the user’s particular needs.
The pharmacology committee renders a decision in writing, with reasons.
2023, c. 34, s. 397.
Not in force
398. Despite the first paragraph of section 397, the committee may grant an authorization if the user’s particular condition is such that the taking of the medication cannot be delayed without the risk of entailing, in the short term, complications that could lead to an irreversible deterioration of the user’s condition.
In such a case, the professional must, in the reasons set out in accordance with the second paragraph of section 397, attest that the user’s particular condition is the one referred to in the first paragraph and demonstrate that the medication is essential with regard to the therapeutic indication for which the application is made, including by showing that no other option known to the professional could prevent the risk referred to in the first paragraph.
For the purposes of this section, “irreversible deterioration” means rapid or slow deterioration that is impossible to remedy. In addition, the moment of deterioration of the user’s condition is to be evaluated in particular by considering the pace at which the user’s condition is likely to deteriorate, and the time within which it is foreseeable that new data enabling a reassessment of the medication’s therapeutic value by the Institut d’excellence en santé et en services sociaux or new treatments may be available.
2023, c. 34, s. 398.
Not in force
399. The anonymized decision of a pharmacology committee that grants an authorization referred to in section 398 is sent to the Institut national d’excellence en santé et en services sociaux for the purposes of the register it keeps in accordance with section 9.1 of the Act respecting the Institut national d’excellence en santé et en services sociaux (chapter I-13.03).
2023, c. 34, s. 399.
Not in force
400. In case of emergency, a professional authorized to prescribe medications may use a medication which may be provided subject to the conditions set out in section 396 before obtaining the written authorization provided for in section 397.
In such a case, the professional must, as soon as possible, inform the pharmacology committee and justify, before the committee, both the urgency of using the medication and the decision to use it, based, among other things, on the scientific data referred to by the professional.
The committee may then order that the use of the medication be continued or stopped, or it may set conditions for such use.
2023, c. 34, s. 400.
Not in force
401. The list referred to in section 395 is updated periodically by the Minister after consideration of the recommendations of the Institut national d’excellence en santé et en services sociaux.
The Régie de l’assurance maladie du Québec must publish the list and each of its updated versions.
Any corrections made by the Régie de l’assurance maladie du Québec under section 60.2 of the Act respecting prescription drug insurance (chapter A-29.01) apply, where applicable, under the same conditions and in the same manner, to the list referred to in section 395 of this Act.
2023, c. 34, s. 401.
Not in force
402. The list referred to in section 395 and its updated versions come into force on the date of their publication on the website of the Régie de l’assurance maladie du Québec or on any later date specified in the accompanying notice from the Minister.
The publication imparts authentic value to the list or its updated versions and to the Minister’s notice.
2023, c. 34, s. 402.
Not in force
403. The Minister may, before entering a medication on the list referred to in section 395, make a listing agreement with the manufacturer of the medication, provided the contract for the supply of that medication is not subject, under the Act respecting contracting by public bodies (chapter C-65.1), to a public call for tenders.
The purpose of such an agreement is to provide for the payment of sums by the manufacturer to the Minister in particular by means of a rebate or discount which may vary according to the volume of sales of the medication.
The price of the medication specified in the supply contract does not take into account the sums paid under the listing agreement.
2023, c. 34, s. 403.
Not in force
404. For the purpose of making a listing agreement, the Minister may temporarily exclude a medication from the application of section 396.
The exclusion does not apply to a person to whom the medication was provided before the date of publication of the notice of exclusion or in the cases prescribed by the regulation made under the sixth paragraph of section 60 of the Act respecting prescription drug insurance (chapter A-29.01).
The notice of a medication’s exclusion is published on the website of the Régie de l’assurance maladie du Québec and comes into force on the date of its publication or on any later date specified in the notice. A notice of the end date of the exclusion is also published on the website. Publication on the Régie’s website imparts authentic value to such notices.
2023, c. 34, s. 404.
Not in force
405. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no one has a right of access to a listing agreement.
Only the following information is to be published in the annual report on the activities of the department required under section 12 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2):
(1)  the name of the manufacturer of medications;
(2)  the name of the medication; and
(3)  the annual total sum received under listing agreements, but only in the cases where at least three agreements made with different manufacturers of medications are in force in the fiscal year.
2023, c. 34, s. 405.
Not in force
406. The Minister designates from among the institutions recognized under section 29.1 of the Charter of the French language (chapter C-11) those which are required to make health services and social services accessible in the English language to English-speaking persons.
If an institution is deemed to have obtained such recognition with respect to some of its facilities, the Minister may designate from among the facilities those which are required to make health services and social services accessible in the English language to English-speaking persons.
2023, c. 34, s. 406.
Not in force
CHAPTER II
PROVISIONS APPLICABLE TO PUBLIC INSTITUTIONS
2023, c. 34, c. II.
Not in force
DIVISION I
GENERAL PROVISIONS
2023, c. 34, Div. I.
Not in force
407. Santé Québec may not offer new services which would require professional resources or highly specialized equipment determined by the Minister, or acquire highly specialized equipment determined by the Minister, before obtaining the Minister’s authorization in writing.
2023, c. 34, s. 407.
Not in force
408. A public institution facilitates, taking resources into account, accessibility to health services and social services, in their own language, for members of the various ethnocultural communities of Québec as well as for Indigenous persons, when the situation so requires.
2023, c. 34, s. 408.
Not in force
DIVISION II
RESPONSIBILITIES OF TERRITORIAL INSTITUTIONS
2023, c. 34, Div. II.
Not in force
409. A territorial institution established in a health region is responsible for the local health and social services network territories in that region.
Where the board of directors of Santé Québec establishes more than one territorial institution in a single health region, the board determines the local health and social services networks for which each institution is responsible.
2023, c. 34, s. 409.
Not in force
410. A territorial institution must inform the users in its territory of the health services and social services that are offered to them and of their rights, remedies and obligations in that respect.
It must also promote the population’s participation in the improvement of health services and social services.
2023, c. 34, s. 410.
Not in force
411. The president and executive director of a territorial institution must, for each territory for which the territorial institution is responsible, network the other public institutions and the other persons or groups in a position to provide services to the population of that territory to ensure, collectively, continuous access to a broad range of general, specialized and superspecialized health services and social services aimed at satisfying the social and health needs and distinctive characteristics of that population.
The persons and groups forming such a network comprise
(1)  private institutions;
(2)  various groups of professionals;
(3)  community organizations;
(4)  social economy enterprises;
(5)  private providers; and
(6)  service providers in the other sectors of activity that have an impact on health services and social services.
2023, c. 34, s. 411.
Not in force
412. The president and executive director of a territorial institution must ensure the supply of services required given the social and health needs and the distinctive characteristics of the population of each territory for which the territorial institution is responsible. To that end, the president and executive director
(1)  defines and establishes mechanisms for the reception, referral and follow-up of users;
(2)  introduces mechanisms or enters into agreements with the service providers forming the network;
(3)  takes in charge, accompanies and supports persons, especially those with particular and more complex needs, in order to provide, within the network, the continuity of service required by their state of health; and
(4)  together with the territorial departments of family medicine and specialized medicine, creates conditions that foster accessibility to general and specialized medical services and their continuity and networking, focusing in particular on accessibility
(a)  to technical diagnostic facilities for all physicians;
(b)  to clinical information, including the results of diagnostic tests such as laboratory tests and medical imaging, drug profiles and record summaries; and
(c)  to specialists by family physicians with a view to the hierarchization of services.
2023, c. 34, s. 412.
Not in force
413. In order to act on health and well-being determinants and to improve the health and social services offered, the president and executive director of a territorial institution draws up and submits to the president and chief executive officer a plan concerning the mechanisms enabling the consultation and mobilization of service providers in the institution’s territory from the sectors of activity having an impact on health services and social services and of other members of the population in its territory.
In drawing up the plan, the president and executive director must consult the institution board of directors.
The president and chief executive officer may approve the plan submitted, with or without amendment.
The plan so approved must be reviewed each time the president and chief executive officer so requests.
2023, c. 34, s. 413.
Not in force
414. The president and executive director of a territorial institution must make public a report on the implementation of the plan referred to in section 413, according to the form and content and at the intervals determined by the president and chief executive officer.
2023, c. 34, s. 414.
Not in force
CHAPTER III
ENGLISH LANGUAGE AND ETHNOCULTURAL COMMUNITIES
2023, c. 34, c. III.
Not in force
415. Santé Québec develops a program of access to English-language health services and social services for the English-speaking population it serves.
The program must identify the services offered by institutions that are accessible in the English language for those persons.
Santé Québec may, with the consent of a private institution, specify in the access program the services that may be provided in the English language to its users by the institution under an agreement.
The program must be approved by the Government and revised at least once every five years.
2023, c. 34, s. 415.
Not in force
416. A national committee, whose formation is provided for by regulation of the Government, is responsible for giving its opinion to the Government on
(1)  the provision of health services and social services in the English language; and
(2)  the approval, evaluation and modification by the Government of the access program developed by Santé Québec in accordance with section 415.
The regulation must provide for the composition of the committee, its rules of operation and internal management, the rules governing the administration of its affairs and its functions, duties and powers.
2023, c. 34, s. 416.
Not in force
417. Regional committees, whose formation is provided for by regulation of Santé Québec, are established within Santé Québec and responsible for
(1)  giving their opinion to Santé Québec concerning the access program developed by Santé Québec in accordance with section 415; and
(2)  evaluating the access program and suggesting modifications to it where expedient.
Subject to section 418, Santé Québec determines, by regulation, the composition of the regional committees, their process for an invitation for applications, their rules of operation and internal management, the rules governing the administration of their affairs, and their functions, duties and powers.
2023, c. 34, s. 417.
Not in force
418. A regional committee is composed of not fewer than 7 nor more than 11 members who are representative of the health region’s English-speaking population.
Santé Québec’s board of directors selects the committee members from among the candidates included in the lists drawn up by organizations that promote the interests of English-speaking persons and are identified by the national committee formed in accordance with section 416.
Despite subparagraph 1 of the second paragraph of section 51, if there is more than one public institution in the health region, Santé Québec may delegate the powers referred to in the second paragraph to a member of its personnel assigned to performing tasks within a territorial institution or to the institution board of directors of that institution.
2023, c. 34, s. 418.
Not in force
419. A public institution must, jointly with the bodies representing the ethnocultural communities and the other institutions of its region, facilitate accessibility to health and social services in a manner which is respectful of the characteristics of those ethnocultural communities.
2023, c. 34, s. 419.
Not in force
420. A national committee, whose formation is provided for by regulation of the Minister, is responsible for giving an opinion to the Minister on the provision of health services and social services to persons from ethnocultural communities.
The regulation must provide for the composition of the committee, its rules of operation and internal management, the rules governing the administration of its affairs, and its functions, duties and powers.
2023, c. 34, s. 420.
Not in force
TITLE III
RESEARCH AND UNIVERSITY AFFAIRS
2023, c. 34, Tit. III.
Not in force
CHAPTER I
GENERAL PROVISION
2023, c. 34, c. I.
Not in force
421. Santé Québec must promote and foster teaching, research and innovation, the use of leading-edge practices and the transfer of knowledge.
It must ensure compliance with the teaching and research mission of the institutions designated under sections 426 and 427.
2023, c. 34, s. 421.
Not in force
CHAPTER II
CONTRACTS OF AFFILIATION AND OTHER CONTRACTS RELATED TO EDUCATION, PROBATIONARY PERIODS, TRAINING OR RESEARCH
2023, c. 34, c. II.
Not in force
422. The president and executive director of an institution of Santé Québec may, if authorized by the board of directors of Santé Québec and by the Minister, on behalf of Santé Québec enter into a contract of affiliation with a university for the purpose of offering teaching or research services within a centre operated by the institution.
The president and executive director of such an institution may also, on behalf of Santé Québec, enter into a contract for the purpose of participating in university training or research programs. Such a contract must be submitted to the president and chief executive officer and to the Minister or the persons they may respectively designate.
The president and executive director of such an institution may also enter into a contract with any educational institution, other than a university, recognized by the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology for the purpose of securing facilities to which students in the field of health and social services may go for probationary periods or professional training. The contract must be transmitted to the president and chief executive officer or to the person the latter designates.
The president and executive director of such an institution may amend or terminate a contract of affiliation with the authorizations specified in the first paragraph.
2023, c. 34, s. 422.
Not in force
423. Section 422 applies to the entering into of a contract covered by that section by a grouped or private institution, with the necessary modifications.
The institution enters into the contract in its own name. A private institution is not required to be authorized to enter into the contract by the board of directors of Santé Québec or to submit or transmit the contract to the president and chief executive officer or to the person the latter designates.
2023, c. 34, s. 423.
Not in force
424. The terms and conditions of the contracts provided for in section 422 must be consistent with the principles and general rules established by the Minister in cooperation with the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology, as applicable.
2023, c. 34, s. 424.
Not in force
425. The most senior officer of an institution affiliated with a university assigns the status of medical resident to a person holding a doctoral degree in medicine who is undergoing a post-doctoral training program at a centre operated by the institution.
2023, c. 34, s. 425.
Not in force
CHAPTER III
DESIGNATION OF INSTITUTIONS
2023, c. 34, c. III.
Not in force
426. The Minister may, after consulting the Minister of Economy and Innovation and the Minister of Higher Education, Research, Science and Technology, designate as a “university hospital centre” or as an “affiliated university centre” an institution operating a hospital centre and which meets the following conditions:
(1)  it offers, in addition to hospital services, specialized or highly specialized services in two or more medical disciplines as part of an integrated vision of health and social services;
(2)  it participates in the education provided to students, professionals and other resource persons in the field of health and social services;
(3)  it evaluates the technologies and methods of intervention related to its advanced sectors;
(4)  it contributes to the development of innovations and of advanced practices;
(5)  it manages a research centre or structure recognized by the Fonds de recherche du Québec established by the Act respecting the Ministère de l’Économie et de l’Innovation (chapter M-14.1); and
(6)  it contributes to the transfer and valorization of knowledge.
Designation as a university hospital centre may be granted where the level of the activities carried on by the institution that enables it to meet the conditions set out in the first paragraph is higher than that of an institution designated as an affiliated university centre.
2023, c. 34, s. 426; 2024, c. 16, s. 17.
Not in force
427. The Minister may, after consulting the Minister of Economy and Innovation and the Minister of Higher Education, Research, Science and Technology, designate as a “university institute” any institution which meets the following conditions:
(1)  it provides, in addition to the other activities it is empowered to carry on, advanced services in a field of intervention within the health or social sector or in an interdisciplinary field of intervention related to health and social services;
(2)  it participates in the education provided to students, professionals and other resource persons in the field of health and social services;
(3)  it manages a research centre or structure recognized by the Fonds de recherche du Québec;
(4)  it evaluates technologies and methods of intervention related to its advanced sector;
(5)  it contributes to the development of innovations and of advanced practices; and
(6)  it contributes to the transfer and valorization of knowledge.
An institution may have more than one designation as a university institute.
2023, c. 34, s. 427; 2024, c. 16, s. 18.
Not in force
CHAPTER IV
SPECIAL RULES FOR DESIGNATED INSTITUTIONS
2023, c. 34, c. IV.
Not in force
428. The premises where the specialized, highly specialized or advanced services for which an institution obtained a designation under section 426 or 427 are offered must remain in the same centre where the services were offered when the designation was made. Those premises may be moved to another centre only if the Minister authorizes the move.
The same applies to the premises where, in a centre, teaching activities for which the centre was designated are carried on.
2023, c. 34, s. 428.
Not in force
429. An institution designated as a university institute or a university hospital centre or which manages a research centre recognized by the Fonds de recherche du Québec and which, under the terms of its contract of affiliation, takes part in clinical and basic research activities may provide medications, on the conditions and in the circumstances prescribed by this Act and by government regulation.
2023, c. 34, s. 429; 2024, c. 16, s. 19.
Not in force
CHAPTER V
INTEGRATED UNIVERSITY HEALTH AND SOCIAL SERVICES NETWORKS
2023, c. 34, c. V.
Not in force
430. Despite section 6, this chapter applies to the territories referred to in sections 530.1 and 530.89 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and to the territory of the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5).
For the purposes of this chapter, “institution” means, in addition to the institutions governed by this Act, those governed by the Act respecting health services and social services for the Inuit and Naskapi and the Act respecting health services and social services for Cree Native persons.
2023, c. 34, s. 430.
Not in force
431. The Minister, in collaboration with the Minister of Higher Education, Research, Science and Technology, divides the territory of Québec into integrated university health and social services networks.
The mission of an integrated university health and social services network is to support its members in the organization of services and to mobilize them in order to facilitate access to health services and social services.
2023, c. 34, s. 431.
Not in force
432. The members of an integrated university health and social services network are the public institutions that have facilities in the network’s territory and the universities that have a contract of affiliation referred to in the first paragraph of section 422 with one of those institutions.
For each integrated university health and social services network territory, Santé Québec must establish a network connecting the institutions and universities forming part of the integrated network.
2023, c. 34, s. 432.
Not in force
433. The activities of an integrated university health and social services network are directed by a management committee comprising the following members:
(1)  the president and chief executive officer of Santé Québec;
(2)  the most senior officers of the institutions forming part of the network;
(3)  for the university forming part of the network that has a faculty of medicine,
(a)  the dean of that faculty; and
(b)  the dean, or a person holding an equivalent position, of the faculty of social sciences; and
(4)  for any other university forming part of the network, the rector, or a person holding an equivalent position.
Subject to the committee’s by-laws, a member referred to in the first paragraph may designate a person to participate in the member’s place in the committee’s work.
The committee may also invite any person whose participation in its work it considers relevant.
2023, c. 34, s. 433.
Not in force
434. The president and executive director of the institution of Santé Québec forming part of the integrated health and social services network designated as a university hospital centre, except such an institution serving children exclusively, acts as president of the network. A first vice-president is appointed by and from among the deans of the faculties of social sciences of the universities forming part of the network. A second vice-president is appointed by and from among the deans of the faculties of health sciences of the universities forming part of the network. Their term of office is two years and may be renewed.
2023, c. 34, s. 434.
Not in force
435. The president calls the meetings of the management committee, chairs them and ensures that they are conducted properly. The president also sees that the decisions made by the committee are carried out.
2023, c. 34, s. 435.
Not in force
436. The management committee of an integrated university health and social services network may adopt by-laws governing its meetings and the conduct of its affairs.
2023, c. 34, s. 436.
Not in force
437. Each integrated university health and social services network makes proposals on the following subjects to Santé Québec or to the Minister, as applicable:
(1)  the supply of services in the recognized areas of expertise of the institutions forming part of the network in accordance with the hierarchization of services;
(2)  the assistance offered to the universities forming part of the network to extend, in the regions, access to health and social services training;
(3)  the transfer of knowledge between members of the network;
(4)  mobilization regarding research and innovation;
(5)  access to programs fostering the maintenance of qualifications for partners from various professions related to the field of health and social services;
(6)  collaboration with the other integrated university health and social services networks in order to determine the priority spheres of action, decide on the distribution of activities, and ensure the dissemination of results;
(7)  measures for the fluidity, accessibility and continuity of health services and social services;
(8)  the grouping of specialized medical staff to avoid duplication in a territory; and
(9)  any other subject determined by Santé Québec or the Minister.
2023, c. 34, s. 437.
Not in force
438. Each institution designated as a university institute, a university hospital centre or an affiliated university centre forming part of an integrated university health and social services network must
(1)  contribute to the supply of services proposed by the network in the institution’s recognized areas of expertise;
(2)  ensure the supply of general, specialized and superspecialized services and, at the request of Santé Québec’s board of directors, make its contribution to the other institutions in the network’s territory to prevent any interruption of services;
(3)  offer, in accordance with the terms and conditions Santé Québec’s board of directors may determine, general and specialized services to the territorial institutions in the territory of its health region; and
(4)  contribute to advancing the culture of innovation.
2023, c. 34, s. 438.
Not in force
PART IV
TERRITORIAL DEPARTMENTS AND OTHER MEASURES FOR ACCESS TO MEDICAL SERVICES
2023, c. 34, Part IV.
Not in force
TITLE I
TERRITORIAL DEPARTMENTS OF FAMILY MEDICINE AND SPECIALIZED MEDICINE
2023, c. 34, Tit. I.
Not in force
CHAPTER I
GENERAL PROVISIONS
2023, c. 34, c. I.
Not in force
439. Santé Québec forms, for each health region, a territorial department of family medicine and a territorial department of specialized medicine.
If there is more than one public institution in such a region, Santé Québec may form more than one of those departments; it then determines to which of those institutions each department is attached.
A territorial department formed in a region in which there is only one public institution is attached to that institution.
2023, c. 34, s. 439.
Not in force
440. A territorial department is directed by a physician appointed by a parity committee formed under section 441, from among the three physicians elected by the members of the department to the department’s supervisory committee. The parity committee determines the appointed physician’s term of office, which may not exceed four years.
The parity committee may, if it has serious reasons to do so, have the physician directing the territorial department relieved from duty and, after consultation with the supervisory committee, replaced by another physician who is a member of that committee.
The physician appointed under the first paragraph is called “medical director of family medicine” or “medical director of specialized medicine” depending on whether the physician directs the territorial department of family medicine or the territorial department of specialized medicine.
2023, c. 34, s. 440.
Not in force
441. A parity committee is formed for each territorial department.
The committee is composed of three persons designated by Santé Québec and of three physicians chosen by and from among the members of the territorial department.
In addition to the functions provided for in section 440, the parity committee exercises the following functions:
(1)  determining the criteria for appointing the physician directing the territorial department;
(2)  annually assessing the exercise of that physician’s functions within the department; and
(3)  making the recommendations it considers necessary to that physician regarding the exercise of the latter’s functions.
The criteria determined under subparagraph 1 of the third paragraph must ensure, among other things, the appointment of a physician who qualifies as an independent person in the opinion of the parity committee.
Physicians qualify as independent persons if they have no direct or indirect relationships or interests, in particular of a financial, commercial, professional or philanthropic nature, that could interfere with the exercise of their functions.
Physicians are deemed not to be independent persons if they are members of the board of directors of, or are employed by, Santé Québec or a representative organization with which the Minister has entered into an agreement under section 19 of the Health Insurance Act (chapter A-29) or a body affiliated with that organization.
2023, c. 34, s. 441.
Not in force
442. The Santé Québec representative who is a member of the territorial department’s supervisory committee ensures that the department assumes the responsibilities conferred on it by law.
2023, c. 34, s. 442.
Not in force
443. The physician who directs a territorial department is responsible for seeing that the functions entrusted to the department are exercised in full, properly and without delay, within the framework of the powers conferred on Santé Québec and in keeping with the responsibilities of the institutions in the department’s territory.
2023, c. 34, s. 443.
Not in force
444. The functions of a territorial department are exercised by a supervisory committee.
2023, c. 34, s. 444.
Not in force
445. The supervisory committee of a territorial department may adopt by-laws concerning its internal management, the creation and mode of operation of committees or sub-territorial units, and the pursuit of the department’s objectives.
Such by-laws may also prescribe the manner in which all or some of the functions assigned to the supervisory committee may be entrusted to the physician who directs the department. The by-laws come into force after being approved by the Santé Québec representative who is a member of the territorial department’s supervisory committee.
2023, c. 34, s. 445.
Not in force
CHAPTER II
SPECIAL PROVISIONS FOR TERRITORIAL DEPARTMENTS OF FAMILY MEDICINE
2023, c. 34, c. II.
Not in force
446. Where, under section 439, Santé Québec forms only one territorial department of family medicine for a health region, the department is composed of all the family physicians who receive remuneration from the Régie de l’assurance maladie du Québec and practise in the region, including those who practise in a private health facility.
Where it forms more than one such department for a single health region, Santé Québec must divide the region’s territory in such a way that every family physician who receives remuneration from the Régie de l’assurance maladie du Québec and practises in the region belongs to only one of the departments.
2023, c. 34, s. 446.
Not in force
447. The territorial department of family medicine develops the organization of family medicine services and submits it to the Santé Québec representative who is a member of the department’s supervisory committee.
The department must specify, for each local health and social services network territory, the services provided in each place of practice and the nature of the existing and expected services in terms of accessibility and of management of the various clienteles; it must also ensure the implementation and application of Santé Québec’s decision concerning the organization of such services.
It makes any recommendation it considers appropriate for achieving the purpose set out in section 411.
2023, c. 34, s. 447.
Not in force
448. The territorial department of family medicine must set objectives for measuring the implementation of the organization of family medicine services it develops. It measures the achievement of the objectives.
It must mobilize the physicians who are members of the department toward the achievement of those objectives.
It must also report to the Santé Québec representative who is a member of the department’s supervisory committee, according to the form and content and at the intervals determined by the representative, on the implementation of the organization of family medicine services and on the achievement of the objectives referred to in the first paragraph.
2023, c. 34, s. 448.
Not in force
449. The territorial department of family medicine, in addition to the other functions conferred on it by this Act, exercises the following functions:
(1)  making recommendations on the nature of the family medicine services arising from priority programs and ensuring the implementation of Santé Québec’s decision relating to such matters;
(2)  making recommendations on the list of specific medical activities referred to in section 468 and ensuring the implementation of Santé Québec’s decision relating to the list;
(3)  giving its opinion on any project concerning the provision of family medicine services;
(4)  giving its opinion on certain projects relating to the use of medications; and
(5)  performing any other function relating to family medicine services that is assigned to it by the president and chief executive officer of Santé Québec or by the Santé Québec representative who is a member of the department’s supervisory committee.
2023, c. 34, s. 449.
Not in force
450. The supervisory committee of the territorial department of family medicine is composed of the following members:
(1)  three physicians elected by and from among the physicians who are members of the department;
(2)  two to nine physicians who are members of the department, depending on the number set in accordance with section 451, appointed by the three physicians referred to in subparagraph 1; and
(3)  the Santé Québec representative.
For the purposes of subparagraph 3 of the first paragraph, the Santé Québec representative is
(1)  where the department is attached to one institution, its president and executive director;
(2)  where the department is attached to more than one institution, the officer designated by Santé Québec; or
(3)  if applicable, the assistant president and executive director or the physician designated by the person referred to in subparagraph 1 or subparagraph 2.
If there is a faculty of medicine in the department’s territory, the supervisory committee must also include a member appointed by the dean of the faculty as well as a family medicine resident acting as an observer.
The majority of the members of the supervisory committee must be physicians practising in primary health care.
2023, c. 34, s. 450.
Not in force
451. The rules in addition to those of section 450 relating to the composition of the supervisory committee of the territorial department of family medicine, the procedure governing the election or appointment of the members referred to in subparagraphs 1 and 2 of the first paragraph of that section and their terms of office are determined by a by-law adopted by the physicians who are members of the department, at a general meeting called for that purpose.
The rules relating to the composition of the supervisory committee prescribed by the by-law must ensure equitable representation of the parts of the department’s territory and of the various environments of medical practice. The by-law comes into force after being approved by the Santé Québec representative who is a member of the department’s supervisory committee.
2023, c. 34, s. 451.
Not in force
CHAPTER III
SPECIAL PROVISIONS FOR TERRITORIAL DEPARTMENTS OF SPECIALIZED MEDICINE
2023, c. 34, c. III.
Not in force
452. Where, under section 439, Santé Québec forms only one territorial department of specialized medicine for a health region, the department is composed of all the medical specialists who receive remuneration from the Régie de l’assurance maladie du Québec and practise in the region, including those who practise in a private health facility.
Where it forms more than one such department for a single health region, Santé Québec must provide that the departments are to group the medical specialists who receive such remuneration and practise in the region in one of the following ways and in such a manner that each of them belongs to only one of the departments:
(1)  according to whether they practice in a part of the region’s territory determined by Santé Québec;
(2)  according to their specialty; or
(3)  according to both of the ways referred to in subparagraphs 1 and 2.
2023, c. 34, s. 452.
Not in force
453. The territorial department of specialized medicine develops the organization of specialized medical services offered by the department’s physicians in the department’s territory and submits it to the Santé Québec representative who is a member of the department’s supervisory committee.
For each specialty, the department must specify, for each local health and social services network territory, the services likely to best meet the needs of the population; it must also ensure the implementation and application of Santé Québec’s decision concerning the organization of such services.
It makes any recommendation it considers appropriate for achieving the purpose set out in section 411.
2023, c. 34, s. 453.
Not in force
454. The territorial department of specialized medicine must set objectives for measuring the implementation of the organization of specialized medical services it develops. It measures the achievement of the objectives.
It must mobilize the physicians who are members of the department toward the achievement of those objectives.
It must also report to the Santé Québec representative who is a member of the department’s supervisory committee, according to the form and content and at the intervals determined by the representative, on the implementation of the organization of specialized medical services and on the achievement of the objectives referred to in the first paragraph.
2023, c. 34, s. 454.
Not in force
455. The territorial department of specialized medicine, in addition to the other functions conferred on it by this Act, exercises the following functions:
(1)  giving its opinion on any project concerning the provision of specialized medical services and the renewal, distribution and development of specialized medical equipment, in compliance with the territorial organization of specialized medical services;
(2)  making recommendations on the list of specific medical activities referred to in section 476 and ensuring the implementation of Santé Québec’s decision relating to the list;
(3)  giving its opinion on certain projects relating to the use of medications; and
(4)  performing any other function relating to specialized medicine that is assigned to it by the president and chief executive officer of Santé Québec or by the Santé Québec representative who is a member of the department’s supervisory committee.
2023, c. 34, s. 455.
Not in force