S-6.2 - Act respecting pre-hospital emergency services

Updated to 1 December 2024

This document has official status.

chapter S-6.2

Act respecting pre-hospital emergency services

TITLE I ORGANIZATION OF PRE-HOSPITAL EMERGENCY SERVICES

CHAPTER I OBJECT

1. The object of this Act is to ensure that persons in need of pre-hospital emergency services may at all times obtain an appropriate, efficient and quality response aimed at reducing the mortality and morbidity rate among the recipients of pre-hospital emergency services.

For that purpose, the Act establishes a framework for the organization of pre-hospital emergency services and fosters their integration into and harmonization with all other health and social services. The Act identifies the services to be put in place and the various players and defines their rights, roles and responsibilities.

2002, c. 69, s. 1.

2. For the purposes of this Act,

“regional entity” means the Nunavik Regional Board of Health and Social Services or the Cree Board of Health and Social Services of James Bay; and

“territorial institution” means a territorial institution governed by the Act respecting the governance of the health and social services system (chapter G-1.021) and that Santé Québec designates for each health region, except territorial institutions in the health regions of Laval and Montréal.

In addition, the territory referred to in Part IV.3 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) is considered to be part of the health region with which it is contiguous.

2002, c. 69, s. 2; 2005, c. 32, s. 308; 2023, c. 34, s. 1313.

CHAPTER II ROLES AND RESPONSIBILITIES AT THE NATIONAL LEVEL

DIVISION I THE MINISTER

3. The Minister of Health and Social Services shall determine the general policies underlying the organization of pre-hospital emergency services. The Minister shall propose and develop strategic plans and policies in that matter. For those purposes, the Minister’s responsibilities include

(1)  approving the five-year pre-hospital emergency service organization plan of Santé Québec and that of the regional entities;

(2)  ensuring interministerial coordination as regards pre-hospital emergency services;

(3)  determining the rules for the financing of pre-hospital emergency services and allocating the available financial resources among Santé Québec, Urgences-santé and the regional entities;

(4)  overseeing budgetary and financial follow-up with respect to Santé Québec and the regional entities;

(5)  determining the performance indicators enabling Santé Québec to measure the results obtained by pre-hospital emergency services in the health regions;

(6)  determining the policies for air ambulance transportation in cooperation with the partners;

(7)  determining, after consulting Santé Québec, the minimal content of the agreement entered into under section 38 which must provide for, among other things, the operating methods of first responder services, the standards of quality that must be met, the terms and conditions of financing, if applicable, and the terms and conditions of repayment of expenses considered to be eligible, the accountability mechanisms and the cases, conditions and circumstances in which a party may terminate the agreement; and

(8)  determining, in cooperation with Santé Québec, the regional entities and the associations representing holders of ambulance service permits, the minimal content of a contract under section 9 and applicable to all such holders, which must provide for, among other things, the costs of the pre-hospital services and other costs covered by the contract, the roles, obligations and responsibilities of each of the parties, the accountability mechanisms and the performance standards to be met by permit holders, the reports permit holders must furnish and the penalties applicable to permit holders for breach or non-fulfilment of the responsibilities under the contract; if the Minister is of the opinion that the minimal content of the contract cannot be so determined within a reasonable time, the Minister may determine it alone.

The Minister is also responsible for coordinating the implementation of pre-hospital emergency services in the territory of the regional entities. For that purpose

(1)  the Minister shall ensure the inter-regional coordination of pre-hospital emergency services in the territory of the regional entities so that efficient and effective use is made of the available resources; and

(2)  the Minister shall allocate the human, material and informational resources among the regional entities in an equitable manner and see to it that the resources are used efficiently and effectively.

For the purposes of the second paragraph and unless otherwise required by the context, the provisions of subparagraphs 1 to 3 of the second paragraph of section 4.1 apply to the Minister, with the necessary modifications.

2002, c. 69, s. 3; 2005, c. 32, s. 293; 2009, c. 45, s. 39; 2023, c. 34, s. 1314.

4. In addition to the powers conferred on the Minister by this Act, the Minister may make regulations

(1)  determining ambulance service zones;

(2)  determining standards for a region or a zone for the fixing of the maximum number of ambulance service permits.

Before making a regulation under the first paragraph, the Minister shall consult Santé Québec.

2002, c. 69, s. 4; 2023, c. 34, s. 1315.

DIVISION I.1 SANTÉ QUÉBEC

2023, c. 34, s. 1316.

4.1. Santé Québec is responsible for coordinating the supply of the pre-hospital emergency services in the health regions, subject to the responsibilities entrusted to Urgences-santé for the Montréal and Laval health regions under the provisions of Title II. For that purpose, Santé Québec shall determine the operational objectives of the pre-hospital emergency services in the regions and monitor the quality and effectiveness of those services.

Santé Québec’s responsibilities include

(1)  defining pre-hospital emergency services intervention methods and determining operational protocols in that matter;

(2)  identifying operational objectives and determining standards of quality for pre-hospital emergency services;

(3)  ensuring the inter-regional coordination of pre-hospital emergency services so that efficient and effective use is made of the available resources;

(4)  allocating the financial, human, material and informational resources among the health regions in an equitable manner and seeing to it that the resources are used efficiently and effectively;

(5)  overseeing budgetary and financial follow-up with respect to Urgences-santé;

(6)  implementing accountability mechanisms enabling the results obtained by the health regions’ pre-hospital emergency services to be measured in accordance with the performance indicators determined by the Minister under subparagraph 5 of the first paragraph of section 3, and overseeing the application and assessment of the resulting measures;

(7)  determining, where Santé Québec considers it necessary, the level of qualification required of players in the organization of pre-hospital emergency services;

(8)  establishing and maintaining the national workforce registry in which ambulance technicians must be registered;

(9)  establishing the national policies for the development and training of the workforce necessary to the organization of the pre-hospital emergency services in the health regions and evaluating them;

(10)  determining the management standards for air ambulance transportation; Santé Québec may assign all or part of the responsibility for the operation of such transportation and determine its financing;

(11)  fostering the involvement of the population as first responders within the framework of the organization of pre-hospital emergency services by promoting, in cooperation with the partners concerned, the role of first responder and its importance for persons in distress;

(12)  promoting research and public awareness concerning pre-hospital emergency services; and

(13)  approving the five-year priorities submitted by Urgences-santé.

2023, c. 34, s. 1316.

4.2. Santé Québec must, in its annual report referred to in section 127 of the Act respecting the governance of the health and social services system (chapter G-1.021), report on the difficulties encountered during the fiscal year concerning access to pre-hospital emergency services.

2023, c. 34, s. 1316.

DIVISION II NATIONAL MEDICAL DIRECTOR OF PRE-HOSPITAL EMERGENCY SERVICES

5. Santé Québec shall appoint a national medical director of pre-hospital emergency services. The director is to advise and assist Santé Québec or the Minister, as applicable, with respect to the medical aspect of pre-hospital emergency services.

The director must be a physician having relevant training and experience in emergency medicine.

2002, c. 69, s. 5; 2023, c. 34, s. 1317.

6. The additional functions of the national medical director are

(1)  to establish national standards of pre-hospital care and equipment and ensure that the standards are implemented, complied with and evaluated;

(2)  to make recommendations to Santé Québec on the level of clinical qualification required of players in the organization of pre-hospital emergency services, participate in interministerial coordination work relating to the determination of initial training programs, and establish national continuing education programs;

(3)  to determine clinical protocols concerning pre-hospital emergency services;

(4)  to participate in the development and maintenance of management information systems intended for performance analysis and quality enhancement in pre-hospital emergency services;

(5)  to establish national policies on the quality of pre-hospital emergency care;

(6)  to participate in the carrying out of the Government’s disaster risk management process provided for by the Act respecting civil protection to promote disaster resilience (chapter S-2.4);

(7)  to define and exercise the clinical authority necessary to maintain the standards of quality determined by Santé Québec with respect to the services provided and the qualification of the service providers;

(8)  to determine, with a view to awarding equivalencies to persons wishing to act as ambulance technicians, standards for recognizing certificates and other forms of official occupational certification and standards for recognizing prior training and experience, and to take the measures needed to facilitate such recognition.

The national medical director must send the Minister the clinical protocols determined under subparagraph 3 of the first paragraph. In addition, if the clinical protocols include activities reserved under section 31 of the Medical Act (chapter M-9), the national medical director must consult the Collège des médecins du Québec as the protocols are being determined.

For the purposes of the first paragraph, the national medical director may have access to certain personal or non-personal information held by a health communication centre, a regional entity or Urgences-santé and necessary for any of those purposes.

If the national medical director is of the opinion that a regional medical director designated under section 17 is not complying with the general policies, policies and standards or observing the protocols determined pursuant to sections 3, 4.1 and 6, the national medical director may address his or her recommendations to the board of directors of the regional entity or Urgences-santé or to the president and executive director of the territorial institution, as applicable, to which the regional medical director is responsible.

A copy of the recommendations may be transmitted by the national medical director to the Minister or to Santé Québec, as applicable, and, if the national medical director considers it necessary, to the Collège des médecins du Québec.

2002, c. 69, s. 6; 2005, c. 32, s. 308; 2009, c. 43, s. 10; 2024, c. 18, s. 13; 2023, c. 34, s. 1318.

CHAPTER III ROLES AND RESPONSIBILITIES AT THE REGIONAL LEVEL

DIVISION I SANTÉ QUÉBEC OR A REGIONAL ENTITY

2005, c. 32, s. 308; 2023, c. 34, s. 1319.

7. In accordance with ministerial policies, objectives and priorities and having regard to the geographical location and size of the territory concerned, the density of the population of the territory and the availability of technologies, Santé Québec, for each of its territorial institutions, or a regional entity, as applicable, must

(1)  develop a five-year pre-hospital emergency service organization plan that includes its priorities in that area which must, if required, provide for the whole of the population, access to a 9-1-1 centre, a health communication centre, a first responder service, ambulance services and centres operated by receiving institutions, in particular those that dispense emergency services; Santé Québec or the regional entity, as applicable, may, according to the orientation of its plan, include programs for the general public and the school system;

(2)  determine the organization model for the pre-hospital emergency services offered for the territory concerned and the personnel assigned to the services;

(3)  coordinate the regional pre-hospital emergency services and ensure their interaction with the health and social services system;

(4)  determine, in accordance with ministerial policies, the medical supervisory framework for the providers of pre-hospital emergency services for the territory concerned;

(5)  establish, in accordance with the national policies on the quality of pre-hospital emergency care established under subparagraph 5 of the first paragraph of section 6, a procedure for and determine the means of non-emergency transportation to be used by users of health and social services between the facilities maintained by the institutions or between other service areas determined in the five-year pre-hospital emergency service organization plan of Santé Québec’s territorial institution or of the regional entity, as applicable;

(6)  participate in the carrying out of the Government’s disaster risk management process provided for by the Act respecting civil protection to promote disaster resilience (chapter S-2.4);

(7)  certify on the basis of the national standards related to development and training of the workforce, the bodies that may provide first responder training; and

(8)  determine staffing needs, apportion human, material and financial resources in an equitable manner and ensure that the resources are used efficiently in accordance with the five-year pre-hospital emergency service organization plan.

Santé Québec or a regional entity, as applicable, must also

(1)  issue ambulance service permits, and manage permit allocation and the number of ambulances per permit having regard to available resources and the five-year pre-hospital emergency service organization plan; and

(2)  prepare and maintain a list of all first responders available to provide services in accordance with the provisions of section 40.

Santé Québec or the regional entity, as applicable, shall submit its five-year pre-hospital emergency service organization plan to the Minister for approval.

2002, c. 69, s. 7; 2005, c. 32, s. 294; 2024, c. 18, s. 14; 2023, c. 34, s. 1320.

8. (Repealed).

2002, c. 69, s. 8; 2005, c. 32, s. 308; 2022, c. 6, s. 39; 2023, c. 34, s. 1321.

9. Santé Québec or the regional entity, as applicable, must, within the framework of the organization of pre-hospital emergency services, enter into a five-year service contract with any ambulance service permit holder under which the holder undertakes to provide the services as determined between them according to the schedules authorized by Santé Québec or the regional entity, as applicable.

2002, c. 69, s. 9; 2005, c. 32, s. 308; 2023, c. 34, s. 1322.

10. Where no agreement is reached between the parties within 90 days after Santé Québec or the regional entity, as applicable, submits a proposal, the Government shall fix the terms and conditions of the contract by order and the contract is deemed to have been entered into in accordance with section 9.

The terms and conditions of a contract remain in force despite the contract having expired, until a new contract is entered into between the parties.

2002, c. 69, s. 10; 2005, c. 32, s. 308; 2023, c. 34, s. 1323.

11. At the time of renewal of a contract or, in exceptional circumstances, for reasons of public interest related to the needs of the population, Santé Québec or the regional entity, as applicable, may, notwithstanding any inconsistent provision in the contract, revise the determination of the services to be provided by a permit holder.

In such a case, Santé Québec or the regional entity, as applicable, may reduce or increase the number of ambulances under the contract entered into with the permit holder. However, the regional entity must obtain the Minister’s authorization. The terms of the contract and permit must be adjusted to conform to the decision of Santé Québec or the regional entity, as applicable.

Santé Québec or the regional entity may also, with the authorization of the Minister, for the same reasons, withdraw the operating permit.

2002, c. 69, s. 11; 2005, c. 32, s. 308; 2023, c. 34, s. 1324.

12. Where Santé Québec reduces the number of ambulances or withdraws the permit or where the Minister authorizes the regional entity to reduce the number of ambulances or to withdraw a holder’s operating permit, Santé Québec or the Minister, as applicable, shall determine the indemnity payable as a result of the reduction or withdrawal and notify the permit holder.

The indemnity is payable only once in respect of each unit subtracted from the number of ambulances appearing on the permit on 19 December 2002.

The indemnity is in lieu of any right or remedy arising out of the reduction.

2002, c. 69, s. 12; 2023, c. 34, s. 1325.

13. Where the permit holder does not agree on the amount of the indemnity determined by the Minister or Santé Québec, as applicable, pursuant to section 12, the permit holder may require within 60 days after receipt of the notice of the Minister or of Santé Québec that the amount be determined by arbitration conducted in accordance with the rules of the Code of Civil Procedure (chapter C-25.01), with a notice to the Minister or Santé Québec to the effect that the Minister or Santé Québec is to appoint their own arbitrator.

2002, c. 69, s. 13; I.N. 2016-01-01 (NCCP); 2023, c. 34, s. 1326.

14. Notwithstanding articles 642, 645 and 648 of the Code of Civil Procedure (chapter C-25.01), the court may, on the application of a party made within 30 days of receiving the arbitration award, review the decision of the arbitrators on the ground of a manifest error of law or fact and fix the amount of the final indemnity. The decision of the court is not subject to appeal.

2002, c. 69, s. 14; I.N. 2016-01-01 (NCCP).

15. Santé Québec or the regional entity, as applicable, must provide, where applicable, for the necessary measures to dispose of resources which become surplus resources following the revision of the contract referred to in section 11.

2002, c. 69, s. 15; 2005, c. 32, s. 308; 2023, c. 34, s. 1327.

16. A person who requests or uses pre-hospital emergency services required or provided in his or her region may file, directly with Santé Québec or the regional entity concerned, as applicable, a complaint relating to the services the person received or should have received.

The provisions of Part VII of the Act respecting the governance of the health and social services system (chapter G-1.021) or of Divisions III to VII of Chapter III of Title II of Part I of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) apply to the processing of complaints.

2002, c. 69, s. 16; 2023, c. 34, s. 1328.

DIVISION II REGIONAL MEDICAL DIRECTOR OF PRE-HOSPITAL EMERGENCY SERVICES

17. Santé Québec, for each of its territorial institutions, and each regional entity shall designate a physician having relevant training and experience in emergency medicine who shall, in particular, in accordance with the national standards and policies,

(1)  exercise the clinical authority necessary to maintain the standards of quality;

(2)  monitor and measure the quality of the acts performed by the service providers of pre-hospital emergency services and ensure that any resulting recommendations made to employers and the service providers under their authority are acted upon;

(3)  ensure that the services required for continuing education and for the maintenance and evaluation of the qualifications of service providers in the pre-hospital emergency services are provided;

(4)  make recommendations on the pertinence of the medical equipment used by service providers and evaluate the use made of the equipment;

(5)  assume medical supervision of a health communication centre;

(6)  collaborate with the representatives of the Collège des médecins du Québec as regards the obligations of the College concerning the quality of the activities reserved under section 31 of the Medical Act (chapter M-9);

(7)  exercise any other function assigned by Santé Québec or the regional entity, as applicable.

The physician shall be designated under the name of “regional medical director of pre-hospital emergency services” when exercising those functions; the physician shall form part of the pre-hospital emergency service organizational structure of Santé Québec’s territorial institution or of the regional entity, as applicable.

For the purposes of subparagraphs 1 to 3 and 5 of the first paragraph, the regional medical director may have access to certain personal or non-personal information necessary to the exercise of such functions and held by a first responder service, a health communication centre, an ambulance service permit holder, an institution within the meaning of the Act respecting the governance of the health and social services system (chapter G-1.021), Santé Québec, a regional entity or an institution within the meaning of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2).

2002, c. 69, s. 17; 2005, c. 32, s. 308; 2023, c. 5, s. 256; 2023, c. 34, s. 1329.

DIVISION III HEALTH COMMUNICATION CENTRES

18. Santé Québec shall determine, with respect to the health regions’ territories, the number of health communication centres and the regions served by such centres. The Minister shall do the same with respect to the regional entities’ territorities.

Santé Québec or the Minister, as applicable, shall also determine the standards, specifications and quality criteria which a health communication centre must meet to be certified and the date on which the centre becomes operational.

To ensure its certification is maintained by Santé Québec or by the Minister, as applicable, a health communication centre must comply at all times with the conditions determined under the second paragraph and the performance criteria determined by Santé Québec or by the Minister, as applicable.

In the event of non-compliance with such conditions or performance criteria and following a request to that effect by Santé Québec, the health communication centre must take the corrective action requested by Santé Québec within such time as Santé Québec determines. If the health communication centre serves the territory of a regional entity, the request is forwarded by the Minister to the health communication centre.

If the health communication centre does not follow up on a request referred to in the fourth paragraph, Santé Québec or the Minister, as applicable, may apply the other measures provided for by this Act.

2002, c. 69, s. 18; 2005, c. 32, s. 308; 2023, c. 34, s. 1330.

19. Where more than one region is to be served by a health communication centre Santé Québec shall designate which of its territorial institutions is responsible for the implementation of the centre.

The territorial institution so designated must ensure that the health communication centre complies with the provisions of the third paragraph of section 18.

2002, c. 69, s. 19; 2005, c. 32, s. 308; 2023, c. 34, s. 1331.

20. At the request of the territorial institution responsible for the implementation of a health communication centre, the persons, authorities or bodies referred to in subparagraphs 1 to 5 of the second paragraph of section 21 shall constitute such a centre in conformity with this Act.

If no response is obtained within 60 days of the request, the territorial institution may establish the centre with the sole collaboration of the persons, authorities or bodies referred to in the first paragraph that gave their consent within the 60-day period.

2002, c. 69, s. 20; 2005, c. 32, s. 308; 2023, c. 34, s. 1332.

21. A health communication centre is a non-profit legal person constituted under an Act of Québec and having as its object the exercise of the functions specified in this Act.

The board of directors of a health communication centre shall be composed of the following persons who become members upon appointment:

(1)  two members designated by the ambulance service permit holders operating in the territory served by the centre;

(2)  one member appointed by the municipalities in the territory served by the centre;

(3)  seven members appointed by Santé Québec, three of whom are independent;

(4)  the regional medical director of pre-hospital emergency services of the territorial institution or of the regional entity whose territory is served by the centre or, if the centre serves the territory of more than one territorial institution, the regional medical director of one of those institutions appointed by the regional medical directors of those institutions;

(5)  (subparagraph replaced).

In the case of the board of directors of a health communication centre serving the territory of a regional entity, the members referred to in subparagraph 3 of the second paragraph are appointed by the regional entity.

The term of office of a member of the board of directors other than the regional medical director of pre-hospital emergency services is three years. At the expiry of their terms, members remain in office until they are reappointed or replaced.

The director general of the health communication centre shall attend the meetings of the board of directors but has no vote.

2002, c. 69, s. 21; 2005, c. 32, s. 308; 2023, c. 34, s. 1333.

21.0.1. Notwithstanding any inconsistent provision of this Act or any other Act, the board of directors of a health communication centre that has been recognized as such under section 167 or 168 shall be composed of nine to fifteen persons, who become members upon designation.

One-fifth of the board of directors shall be composed of independent members, other than persons employed by Santé Québec, designated by the members of the centre from among the candidates proposed by Santé Québec.

The other four-fifths of the board of directors shall be designated by Santé Québec or by the centre’s members in the proportion that the revenues they respectively brought to the centre, for the most recent fiscal year completed before the designation, is of the sum of the centre’s revenues derived from its members and from Santé Québec for the same fiscal year.

For the purposes of the second paragraph, Santé Québec shall submit at least two candidates for each independent member to be designated.

2023, c. 34, s. 1334.

21.0.2. Three members constitute a quorum of the board of directors of a health communication centre. Even if there is a quorum, the board of directors may validly exercise its powers only if the majority of the members designated by Santé Québec and, in the case of a board of directors referred to in section 21.0.1, of the independent members are present.

The person who presides over meetings of the board of directors, except the board of directors referred to in section 21.0.1, must be one of its members designated by Santé Québec.

2023, c. 34, s. 1334.

21.0.3. Notwithstanding any inconsistent provision of this Act or any other Act, the board of directors of a health communication centre shall exercise the functions and powers and assume the responsibilities of the meeting of its members, except to the extent necessary for designating members of the board of directors.

2023, c. 34, s. 1334.

21.1. For the purposes of subparagraph 3 of the second paragraph of section 21 and sections 21.0.1 and 21.0.2, a member qualifies as independent if the member has no direct or indirect relation or interest, in particular of a financial, commercial, professional or philanthropic nature, that could interfere with the quality of the member’s decisions as regards the interests of the centre. The following are considered not to be independent members:

(1)  a member who is in the employ of the centre or of an ambulance service permit holder operating in the territory served by the centre, or who was in such employ in the three years preceding appointment to office;

(2)  a member who is 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); or

(3)  a member having an immediate family member who is a senior officer of the centre.

2023, c. 34, s. 1334.

22. The functions of a health communication centre are, in keeping with national and regional policies, to

(1)  receive the calls from a 9-1-1 centre or a person or institution requesting pre-hospital emergency services;

(2)  process and prioritize the calls in accordance with the protocols developed by Santé Québec or the Minister, as applicable;

(3)  assign and apportion available pre-hospital resources in an appropriate, efficient and effective manner;

(4)  use, where required, the information system developed by Santé Québec or the regional entity, as applicable, to monitor, on a daily basis, the situation in the centres operated by the institutions in the region;

(5)  authorize the transportation of a person to another facility operated by an institution in the event that the initially intended facility is overloaded;

(6)  ensure the operational follow-up and supervision of the resources assigned to a request for pre-hospital emergency services;

(7)  collaborate with Santé Québec or the regional entity, as applicable, in the monitoring and in measuring the quality of the acts performed by the personnel of the centre and the service providers of the pre-hospital emergency services; and

(8)  coordinate communications between the players in the organization of pre-hospital emergency services and the institutions.

A health communication centre shall, in the exercise of its functions, observe the protocols approved by Santé Québec or the Minister, as applicable.

The health communication centre shall also, in order to monitor the quality of the acts performed by the service providers of the pre-hospital emergency services, maintain an information system approved by Santé Québec or the Minister, as applicable, containing, in particular, information on the provision of services following a request for assistance, call processing, type of response and follow-up action.

2002, c. 69, s. 22; 2005, c. 32, s. 308; 2023, c. 34, s. 1335.

23. Ambulance service permit holders and the institutions are bound by decisions relating to the assignment of pre-hospital resources made by a health communication centre within the scope of its functions.

2002, c. 69, s. 23.

24. A health communication centre shall establish with each of the authorities responsible for the 9-1-1 centres operating in the territory it serves a protocol for the transfer of the 9-1-1 calls to the health communication centre for the purpose of standardizing procedures and ensuring service quality.

Such a protocol must be consistent with the standards of uniformity and call processing determined by Santé Québec or the Minister, as applicable, and must be approved by Santé Québec or the Minister, as applicable.

2002, c. 69, s. 24; 2023, c. 34, s. 1336.

25. Every health communication centre must use a call processing and call prioritization system approved by Santé Québec or the Minister, as applicable.

2002, c. 69, s. 25; 2023, c. 34, s. 1337.

25.1. Every health communication centre must enter into a management agreement containing at least the following elements with the regional entities whose territory it serves or with Santé Québec, if the centre serves the territory of a territorial institution:

(1)  the centre’s operational objectives, the measures to be taken to achieve them, policy directions for consolidation and technological development, the staffing plan, the financial resources and the main indicators to be used in measuring results; and

(2)  the manner in which periodic reports are to be produced.

Santé Québec or the regional entity, as applicable, must ensure compliance with the agreement and the achievement of the centre’s objectives. The agreement is a public document that Santé Québec or the regional entity, as applicable, must send to the Minister.

2009, c. 45, s. 40; 2023, c. 34, s. 1338.

26. No health communication centre may, on pain of absolute nullity, borrow moneys without the prior approval in writing of Santé Québec or the regional entity, as applicable.

2002, c. 69, s. 26; 2005, c. 32, s. 308; 2023, c. 34, s. 1339.

27. In exercising its functions, a health communication centre may not use property infrastructures, whether as owner or lessee, without first obtaining the authorization of the Minister or Santé Québec, as applicable, which may be subject to conditions.

2002, c. 69, s. 27; 2011, c. 16, s. 193; 2023, c. 34, s. 1340.

28. The fiscal year of a health communication centre ends on 31 March.

2002, c. 69, s. 28.

29. Before 1 July each year, Santé Québec or the regional entity, as applicable, shall inform the health communication centre of the amount the agency has allocated to the operating budget of the centre for the following fiscal year.

Within the next 60 days, the centre shall review, if necessary, the estimates of its operating budget, adopt a balanced operating budget and inform Santé Québec or the regional entity, as applicable.

2002, c. 69, s. 29; 2005, c. 32, s. 308; 2023, c. 34, s. 1341.

30. A health communication centre, in order to enable Santé Québec, if it serves the territory of a territorial institution, or the regional entity whose territory it serves to conduct the verifications necessary for the exercise of their functions and to ensure the availability of resources and the accessibility of services, shall, on request, collect and provide Santé Québec or the regional entity, as applicable, with any information or reports relating to the pre-hospital operations carried out in that territory, including those carried out by the ambulance and first responder services.

2002, c. 69, s. 30; 2005, c. 32, s. 308; 2009, c. 45, s. 41; 2023, c. 34, s. 1342.

31. The health communication centre shall, not later than 30 June, file its financial statements with Santé Québec, if the centre serves the territory of a territorial institution or, as applicable, with the regional entity whose territory is served by the centre and with the Minister together with a report on its activities for the preceding fiscal year containing all the information required by the Minister and Santé Québec or the regional entity, as applicable.

2002, c. 69, s. 31; 2005, c. 32, s. 308; 2023, c. 34, s. 1343.

32. (Repealed).

2002, c. 69, s. 32; 2005, c. 32, s. 308; 2023, c. 34, s. 1344.

33. A person authorized in writing by the Minister or by Santé Québec, as applicable, to make an inspection may, to ascertain whether this Act, its statutory instruments or any regulation applicable to a health communication centre made under this Act are being complied with,

(1)  enter, at any reasonable time, premises occupied by the centre;

(2)  examine and make a copy of any document relating to the activities carried on by the centre;

(3)  demand any information relating to such activities and the production of any document connected with them.

Every person having custody, possession or control of such documents and any other person working on the premises must give the inspector reasonable assistance, furnish the inspector with the information or documents required and facilitate the examination of them.

The inspector must, on request, produce a certificate attesting to the inspector’s quality.

2002, c. 69, s. 33; 2023, c. 34, s. 1345.

34. Santé Québec or the Minister, as applicable, may designate a controller who shall be responsible for seeing to the proper utilization of the public funds granted to a health communication centre if the centre does not exercise adequate budgetary control.

Every person performing administrative duties within the health communication centre is required to submit to the controller’s directives, within the limits of the powers conferred on the controller.

No commitment may be made on behalf of the health communication centre and no disbursement may be made without the countersignature of the controller. Any commitment made contrary to this paragraph is absolutely null.

2002, c. 69, s. 34; 2023, c. 34, s. 1346.

35. Santé Québec or the Minister, as applicable, may order that an inquiry be held into any matter pertaining to the administration, organization or operation of a health communication centre and designate a person entrusted with the inquiry.

The investigator is vested, for the purposes of the inquiry, with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

2002, c. 69, s. 35; 2023, c. 34, s. 1346.

36. Where Santé Québec or the Minister, as applicable, orders an inquiry or designates a controller, it may suspend all or part of the powers of the centre for a period not exceeding six months and appoint an administrator to exercise such powers.

Santé Québec or the Minister, as applicable, may extend the suspension or the term of the administrator for a period not exceeding six months.

2002, c. 69, s. 36; 2023, c. 34, s. 1347.

37. No person who is authorized to make an inspection under section 33, is appointed controller under section 34, or is appointed administrator under section 36 may be prosecuted for any act performed in good faith in the carrying out of the person’s functions.

2002, c. 69, s. 37.

CHAPTER IV ROLES AND RESPONSIBILITIES AT THE LOCAL LEVEL

DIVISION I FIRST RESPONDER SERVICE

38. Santé Québec must, insofar as a five-year pre-hospital emergency service organization plan provides for it and taking into account the resources available, take the necessary measures to support the implementation of a first responder service in the territory of a territorial institution. The same applies to a regional entity with respect to its territory.

For that purpose, Santé Québec or the regional entity, as applicable, must enter into, with interested municipalities having jurisdiction in the territory of a territorial institution or the regional entity’s territory, as applicable, an agreement the content of which must be consistent with the content determined under subparagraph 7 of the first paragraph of section 3, under which the municipality shall designate one or more services able to offer first responder services. The services so designated must be certified by Santé Québec or by the regional entity, as applicable.

Any municipality may enter into an agreement described in the second paragraph. A municipality that is a party to such an agreement has the powers necessary for its execution in particular the power to entrust the responsibilities vested in it to a non-profit legal person constituted under an Act of Québec.

2002, c. 69, s. 38; 2005, c. 32, s. 296; 2023, c. 34, s. 1348.

DIVISION II ROLES AND RESPONSIBILITIES OF FIRST RESPONDERS

39. A first responder, on the exclusive assignment of the health communication centre, shall perform primary stabilization techniques on any person whose condition so requires, in accordance with the clinical intervention protocols determined for such purpose by the national medical director and in keeping with the level of training recognized by the Minister or by Santé Québec, as applicable.

Complementing the work of the ambulance technician, the first responder shall apply the protocols intended to prevent the condition of the person in distress from deteriorating and transfer the responsibility for emergency care to the ambulance technician upon the latter’s arrival at the scene.

In exceptional circumstances, such as geographic isolation, that prevent the establishment of the entire pre-hospital emergency services response chain, Santé Québec or the regional entity, as applicable, may, in the five-year pre-hospital emergency service organization plan it submits to the Minister, assign additional functions to a first responder service in relation to those assigned by this Act.

2002, c. 69, s. 39; 2005, c. 32, s. 297; 2023, c. 34, s. 1349.

40. To act as a first responder within an accredited service pursuant to an agreement under section 38, a person must

(1)  have successfully completed training recognized by Santé Québec and given by a body recognized by Santé Québec, by a regional entity or by Urgences-santé;

(2)  belong to a first responder service accredited by Santé Québec or a regional entity, as applicable, according to the terms and conditions set out in the agreement under section 38.

2002, c. 69, s. 40; 2005, c. 32, s. 308; 2023, c. 34, s. 1350.

41. In the exercise of his or her functions, the first responder must observe the clinical intervention protocols referred to in section 39 and agree to be under the supervision of regional medical authorities established under section 17.

If a first responder fails to comply with the provisions of the first paragraph, the regional medical director may order him or her to cease to act as a first responder, temporarily or permanently, within the framework of the organization of pre-hospital emergency services.

2002, c. 69, s. 41.

42. No person who acts as a first responder under this Act in accordance with the clinical intervention protocols determined by the national medical director under section 39 shall incur liability for any injury that may result from his or her intervention, unless the injury is due to an intentional or gross fault. The immunity also applies to the authority having established the first responder service.

Likewise, the person or body having required the intervention or assistance of a first responder service may not be held liable for any injury resulting from the intervention.

2002, c. 69, s. 42; 2023, c. 34, s. 1351.

43. A person who acts as a first responder under this Act must inform his or her employer of the duties incumbent upon a first responder and inform the employer when, on receiving a call from the health communication centre, he or she must leave work precipitously or cannot report for work.

No employer may, without a valid reason the burden of proof of which is on the employer, by discriminatory measures or reprisals, changes in conditions of employment, a transfer, suspension or dismissal or any other sanction, prevent a person from acting as a first responder or sanction him or her for having acted in that capacity.

Any person who feels aggrieved by a measure referred to in the second paragraph may exercise a recourse before the Administrative Labour Tribunal. The provisions applicable to a recourse relating to the exercise by an employee of a right under the Labour Code (chapter C-27) apply, with the necessary modifications.

2002, c. 69, s. 43; 2015, c. 15, s. 222.

DIVISION III AMBULANCE SERVICES

44. An ambulance service means any service which, in keeping with the five-year pre-hospital emergency service organization plan of Santé Québec or of the regional entity, as applicable, and the protocols determined by the national medical director or by Santé Québec, furnishes pre-hospital emergency care intended to prevent a person’s condition from deteriorating and transports the person in an ambulance to a centre operated by a receiving institution or between the facilities maintained by one or more institutions.

The provisions of this division do not apply to an enterprise that uses a vehicle to provide rescue services free of charge on land owned or held under a concession or lease by the enterprise provided that there is no indication that may lead to the belief that the vehicle is an ambulance.

2002, c. 69, s. 44; 2005, c. 32, s. 298; 2023, c. 34, s. 1352.

§ 1 . — Permits

45. This subdivision does not apply to Urgences-santé.

2002, c. 69, s. 45; 2023, c. 34, s. 1394.

46. The operation of an ambulance service is subject to the following conditions:

(1)  the operator must be the holder of an ambulance service permit issued by Santé Québec or by a regional entity, as applicable; and

(2)  the operator must have entered into a contract with Santé Québec or with a regional entity, as applicable, in conformity with the provisions of section 9.

2002, c. 69, s. 46; 2005, c. 32, s. 308; 2023, c. 34, s. 1353.

47. A permit may be issued to a natural person or a legal person. The permit shall indicate the region or zone in which the holder is authorized to operate, mainly but not exclusively, the ambulance service, and the number of ambulances the holder may use.

2002, c. 69, s. 47.

48. The Government may, by regulation, determine the conditions, the terms and the duties applicable to the issue or renewal of an ambulance service permit, the documents and information a permit holder must furnish and the records the permit holder must keep.

2002, c. 69, s. 48.

49. The contract entered into pursuant to section 9 must specify the number of ambulances covered by the permit of the holder having entered into the contract.

2002, c. 69, s. 49.

50. Santé Québec or a regional entity, as applicable, may refuse to increase the number of ambulances attached to a permit or to issue a permit if the number of ambulances available under the contracts entered into under section 9 is sufficient to enable Santé Québec or the regional entity to meet the needs identified in its estimates as regards the organization of pre-hospital emergency services.

2002, c. 69, s. 50; 2005, c. 32, s. 308; 2023, c. 34, s. 1354.

51. A permit is issued for a maximum period of 48 months ending on 31 March. It is renewed for a period of 48 months if the holder fulfils the conditions for renewal set out in the regulation made under section 48.

2002, c. 69, s. 51; 2023, c. 34, s. 1355.

52. The holder of an ambulance service permit may not transfer or assign the permit or transfer or assign the ownership of shares carrying 50% or more of the voting rights to one or more other persons, without the authorization of Santé Québec or the regional entity, as applicable, which may not deny authorization unless its decision is based on reasons of public interest related to the organization and quality of the services provided to the public.

The decision of Santé Québec or the regional entity, as applicable, must be communicated in writing to the permit holder within 60 days of the application.

Where a permit is transferred or assigned or the ownership of shares carrying 50% or more of the voting rights is transferred or assigned to one or more other persons in accordance with the first paragraph, Santé Québec or the regional entity, as applicable, shall transfer to the transferee or assignee the contract entered into with the transferor or assignor for the unexpired portion of the contract.

2002, c. 69, s. 52; 2005, c. 32, s. 308; 2023, c. 34, s. 1356.

53. A permit holder who wishes to modify or discontinue the services or operations the holder has undertaken to provide in the contract entered into with Santé Québec or the regional entity, as applicable, must obtain Santé Québec’s or the regional entity’s authorization and comply with any conditions it determines.

2002, c. 69, s. 53; 2005, c. 32, s. 308; 2023, c. 34, s. 1357.

54. Santé Québec or the regional entity, as applicable, may suspend, revoke or refuse to renew the permit of any holder who

(1)  has been convicted of an offence against this Act or a regulation made thereunder or of an indictable offence related to the activities in respect of which the permit is held;

(2)  in the opinion of Santé Québec or of the regional entity, as applicable, is unable to provide quality ambulance services consistent with the contract entered into with the agency;

(3)  is not in a position, owing to his or her financial situation, to perform the obligations arising from the contract entered into with Santé Québec or the regional entity, as applicable;

(4)  obtained a permit on false representations or no longer meets the conditions required for the renewal of the permit;

(5)  without the authorization of Santé Québec or the regional entity, as applicable, modifies the services required under the contract entered into with it.

Before making such a decision, Santé Québec or the regional entity, as applicable, shall give written notice as required under section 5 of the Act respecting administrative justice (chapter J-3) to the holder of the ambulance service permit and allow him or her at least 10 days to present observations.

2002, c. 69, s. 54; 2005, c. 32, s. 308; 2023, c. 34, s. 1358; I.N. 2024-12-01.

55. In cases which allow it, Santé Québec or the regional entity, as applicable, must, before suspending, revoking or refusing to renew a permit for one of the reasons provided in subparagraphs 2, 3 and 5 of the first paragraph of section 54, issue an order in writing requiring the holder to take the necessary corrective action within the time it specifies.

If the holder fails to comply with the order, Santé Québec or the regional entity, as applicable, may then suspend, revoke or refuse to renew the permit.

2002, c. 69, s. 55; 2005, c. 32, s. 308; 2023, c. 34, s. 1359.

56. Santé Québec or the regional entity, as applicable, shall give written notice of its decision to the ambulance service permit holder, including reasons, within 30 days of the date of the decision.

2002, c. 69, s. 56; 2005, c. 32, s. 308; 2023, c. 34, s. 1359.

57. The holder of an ambulance service permit that has been suspended or revoked or in respect of whose renewal authorization has been denied, or a permit holder in respect of whose permit or share ownership the transfer or assignment has been denied pursuant to section 52, may within 60 days after the date of notification, contest the decision of Santé Québec or the regional entity, as applicable, before the Administrative Tribunal of Québec.

2002, c. 69, s. 57; 2005, c. 32, s. 308; 2023, c. 34, s. 1360.

58. Section 114 of the Act respecting administrative justice (chapter J-3) applies, with the necessary modifications, to a decision of Santé Québec or of a regional entity, as applicable, that is contested under section 57.

2002, c. 69, s. 58; 2005, c. 32, s. 308; 2023, c. 34, s. 1361.

59. Sections 33 and 37 apply, with the necessary modifications, to permit holders.

2002, c. 69, s. 59.

§ 2 . — Responsibilities and obligations of permit holders

60. A permit holder has the following responsibilities:

(1)  to offer ambulance services in compliance with the applicable legislative and regulatory provisions, ministerial policies and objectives and the terms and conditions of the service contracts entered into with Santé Québec or the regional entity, as applicable, under section 9;

(2)  to participate in the local and regional implementation activities of pre-hospital emergency services;

(3)  to render an account to Santé Québec or the regional entity, as applicable, whose form and content shall be determined in the contract entered into under section 9, concerning, in particular, the achievement of results objectives;

(4)  to manage human and material resources in conformity with the contract entered into with Santé Québec or the regional entity, as applicable; and

(5)  to participate actively in the development of quality management programs relating to operations and implement the resulting measures.

In the exercise of responsibilities under the first paragraph, a permit holder may only have access to the personal or non-personal information held by a health communication centre that is necessary for the purpose of exercising such responsibilities.

A permit holder may only obtain such information insofar as it concerns the permit holder’s own operations or the employees under the permit holder’s responsibility.

2002, c. 69, s. 60; 2005, c. 32, s. 308; 2023, c. 34, s. 1362.

61. A permit holder must provide to Santé Québec or the regional entity, as applicable, within the prescribed time, any information, documents and reports required pursuant to the contract entered into in accordance with section 9.

2002, c. 69, s. 61; 2005, c. 32, s. 308; 2023, c. 34, s. 1363.

62. A permit holder may not use to provide ambulance services any vehicle other than a vehicle that meets the technical specifications at the time it is put into service and contains the equipment and material determined by regulation of the Government under section 77.

2002, c. 69, s. 62.

DIVISION IV AMBULANCE TECHNICIANS

63. To act as an ambulance technician, a person must

(1)  have completed the initial college training recognized by the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie and passed the relevant examination or have completed training recognized as equivalent by the national medical director under subparagraph 8 of the first paragraph of section 6, or hold a certificate or other form of official occupational certification issued in Canada that attests that the holder is qualified and authorized to act as an ambulance technician and that is recognized by the national medical director in accordance with that subparagraph; and

(2)  be registered in the national workforce registry maintained by Santé Québec in accordance with subparagraph 8 of the second paragraph of section 4.1 and have obtained an ambulance technician qualification certificate.

2002, c. 69, s. 63; 2005, c.28, s. 195; 2009, c. 43, s. 11; 2013, c. 28, s. 201; 2023, c. 34, s. 1364.

64. The Government may, by regulation, determine the conditions that an ambulance technician must satisfy to be registered in the national workforce registry and obtain an ambulance technician qualification certificate.

The Government may also in the same manner determine the continuing education requirements and the qualification assessment process to which an ambulance technician is subject every four years as a condition for the maintenance of registration in the national workforce registry.

2002, c. 69, s. 64.

64.1. An ambulance technician’s name, the technician’s practice status, the continuing education activities in which the technician has taken part and the date of the technician’s first and subsequent registrations in the national workforce registry are entered in the national workforce registry and are public information.

In addition, the Government may, by regulation, determine which of the other information in the registry is public information.

2009, c. 45, s. 42.

65. An ambulance technician shall provide the necessary care to a person whose condition requires pre-hospital emergency services in accordance with the clinical intervention protocols determined by the national medical director.

The ambulance technician shall ascertain the presence of signs or symptoms requiring the application of protocols to prevent the person’s condition from deteriorating and, where necessary, transport the person with diligence to a centre operated by the designated receiving institution or between the facilities maintained by one or more institutions.

2002, c. 69, s. 65; 2023, c. 34, s. 1365.

66. In the exercise of his or her functions, an ambulance technician must observe the protocols referred to in section 65 and submit to the regional medical supervision established under section 17 and participate in the supervision of the regional medical authorities established pursuant to section 17.

2002, c. 69, s. 66.

67. At the request of a regional medical director of pre-hospital emergency services, an ambulance technician may be temporarily or permanently struck from the national workforce registry maintained in accordance with subparagraph 8 of the second paragraph of section 4.1 by Santé Québec by a review committee formed under section 70, if the ambulance technician

(1)  does not comply with the continuing education requirements, refuses to submit to the qualification assessment process referred to in the second paragraph of section 64 for the maintenance of registration, refuses to participate in the qualification assessment process, or does not submit to medical supervision related to the application of the protocols referred to in section 65 in the exercise of his or her functions;

(2)  has been convicted of an offence under this Act or a regulation made thereunder;

(3)  has been convicted of an indictable offence related to the carrying on of the activities in respect of which the ambulance technician is registered in the national workforce registry.

2002, c. 69, s. 67; 2023, c. 34, s. 1366.

68. In an urgent case and to ensure the quality of the care provided, the regional medical director may request an employer to temporarily suspend all or some of the clinical duties of an ambulance technician under the employer’s responsibility and to require the ambulance technician to take the corrective action the regional medical director considers necessary.

The national medical director must be informed of every request for the total suspension of duties as well as the corrective action required within five days after the request.

2002, c. 69, s. 68.

69. Before requesting that an ambulance technician be temporarily or permanently struck from the national workforce registry maintained by Santé Québec, a regional medical director of pre-hospital emergency services must, in the cases enumerated in paragraph 1 of section 67, request the ambulance technician to take corrective action within the time he or she specifies and so inform the technician’s employer.

In the cases referred to in paragraphs 2 and 3 of section 67, or where the ambulance technician does not comply with a request of the regional medical director under the first paragraph or under section 68 within the time specified, the regional medical director may, within 60 days after the request, request the national medical director of pre-hospital emergency services to form a review committee which may confirm the ambulance technician’s registration or temporarily or permanently strike the ambulance technician from the registry.

The regional medical director must inform the technician’s employer of the reasons for the request made to the national medical director.

2002, c. 69, s. 69; 2023, c. 34, s. 1367.

70. The review committee shall be composed of

(1)  the national medical director of pre-hospital emergency services;

(2)  an ambulance technician designated by the union of ambulance technicians of which the technician concerned is a member or, if the technician is not a union member, an ambulance technician chosen by the technician concerned to represent him or her;

(3)  two persons, including a regional medical director, designated by Santé Québec from among the persons working within its institutions other than the territorial institution in whose territory the ambulance technician concerned acted, who are not attached to that institution or, if the ambulance technician acted in the territory of a regional entity, two persons designated by the Minister from among the persons working within a regional entity;

(4)  a person designated by the operators of ambulance services having no employment relationship with the ambulance technician concerned;

(5)  an ambulance technician instructor designated by the general and vocational colleges that provide ambulance technician training;

(6)  an ambulance technician designated by one or more organizations whose main object is the development and enhancement of the fields of practice of ambulance technicians.

If the persons or bodies mentioned in subparagraphs 2 to 6 of the first paragraph fail to agree on the designation of their representatives within the time specified in the second paragraph of section 69, Santé Québec or the Minister, as applicable, shall designate them.

2002, c. 69, s. 70; 2023, c. 34, s. 1368.

71. Before making its decision, the review committee must notify the ambulance technician in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the ambulance technician at least 10 days to present observations.

2002, c. 69, s. 71.

72. The review committee must, within 30 days after its establishment, notify its reasoned decision in writing to the ambulance technician whose registration is confirmed or who is struck from the registry and shall, where the ambulance technician is struck from the registry, specify on which of the grounds provided in section 67 its decision is based.

The review committee shall also transmit a copy of the decision to the technician’s employer.

2002, c. 69, s. 72.

73. An ambulance technician who has been struck from the registry may, within 60 days after the date of the notice, contest the decision of the review committee before the Administrative Tribunal of Québec.

The filing of a motion to bring a proceeding before the Administrative Tribunal of Québec suspends the execution of the contested decision. However, the suspension does not authorize an ambulance technician to continue to provide care to a person whose condition requires pre-hospital emergency services.

2002, c. 69, s. 73.

74. The review committee whose decision is contested is subject to the obligations set out in the first paragraph of section 114 of the Act respecting administrative justice (chapter J-3), with the necessary modifications.

2002, c. 69, s. 74.

75. The striking of an ambulance technician from the national workforce registry entails forfeiture of that ambulance technician’s qualification certificate.

2002, c. 69, s. 75.

76. Division II of Chapter IV and section 78 of the Act respecting labour standards (chapter N-1.1) do not apply to employees of holders of ambulance service permits who are ambulance technicians whose work schedules, as established under contracts entered into pursuant to section 9, are made up of periods of work, on-call periods and periods of rest.

2002, c. 69, s. 76.

CHAPTER V VEHICLES

DIVISION I AMBULANCES

77. The Government shall determine, by regulation, the technical specifications applicable to any vehicle that is to be used as an ambulance within the scope of pre-hospital emergency services or for the transportation, between the facilities maintained by the institutions, of users requiring care or medical support during the transportation, and the equipment and material that may be used in such a vehicle.

The Government shall determine in the same manner the inspection standards for such a vehicle, subject to the inspection standards established under any other Act, and for the equipment and material referred to in the first paragraph.

Such a vehicle may only be used by the holder of an ambulance service permit and only for the provision of ambulance services.

2002, c. 69, s. 77.

DIVISION II OTHER VEHICLES

78. The Government shall determine, by regulation, the cases, conditions and circumstances in which a vehicle other than a vehicle referred to in section 77 may be used to transport users whose condition does not require care or medical support during the transportation between the facilities maintained by the institutions.

The Government shall determine in the same manner, in the case of a region where the geographic location, the size of the territory or the density of the population so warrants, the cases, conditions and circumstances in which a vehicle other than a vehicle referred to in section 77 may be used to offer services complementary to regular pre-hospital emergency services or to transport users requiring care or medical support during the transportation, and the technical specifications applicable to such a vehicle.

The Government shall also determine in the same manner

(1)  the qualification standards required of the personnel assigned to the vehicles ;

(2)  the equipment and material that may be used in the vehicles ; and

(3)  the inspection standards for the vehicles, subject to the inspection standards established under any other Act, and for the equipment and material referred to in subparagraph 2.

2002, c. 69, s. 78.

CHAPTER VI RATES

79. The Government may, by regulation, set the rates that may be charged for transportation by pre-hospital emergency services vehicle or establish standards enabling such rates to be set.

The rates or standards may vary according to whether transportation is between the facilities maintained by one or more institutions or between regions, according to the type of vehicle used or services provided during the transportation or according to the resident or non-resident status of the person transported. Specific rates may also be determined for the placing of a vehicle referred to in section 77 or 78 on stand-by, as well as the cases, conditions and circumstances in which such rates may be charged.

The Government may, in the same manner, designate the person, body or government from whom the payment of a rate may be required. The designation may vary according to the age or the economic situation of the person transported or according to whether the person is a person not required to pay the rate for such transportation himself or herself or who may be reimbursed in whole or in part.

2002, c. 69, s. 79.

80. No person may charge a rate for transportation or for making a vehicle available that differs from the rate set under section 79.

2002, c. 69, s. 80.

CHAPTER VI.1 PILOT PROJECT

2023, c. 34, s. 1369.

80.1. The Minister may develop and implement a pilot project whose object is to increase the contribution of the service providers of pre-hospital emergency services with regard to the provision of health services and social services and to the continuity of those services, in particular by providing a framework for the interventions of ambulance technicians in a para-hospital setting.

The Minister shall determine, by regulation, the standards and obligations applicable within the framework of a pilot project, which may differ from the standards and obligations provided for by this Act or the regulations or by the Regulation respecting the professional activities that may be engaged in within the framework of pre-hospital emergency services and care (chapter M-9, r. 2.1). The Government shall also determine the monitoring and reporting mechanisms applicable within the framework of a pilot project, and the information that is necessary for the purposes of those mechanisms and that must be sent to the Minister by any person or group.

A pilot project is established for a period of up to three years which the Minister may extend by up to two years.

2023, c. 34, s. 1369.

CHAPTER VII PENAL PROVISIONS

81. Every person who contravenes any provision of section 46, the first paragraph of section 52 or section 53, 62 or 80 is guilty of an offence and is liable to a fine of $2,500 to $5,000.

2002, c. 69, s. 81.

82. Every person who knowingly furnishes false or misleading information, reports or other documents required to be communicated under this Act or the regulations or a contract entered into pursuant to this Act to the Minister, Santé Québec, the regional entity or any other person is guilty of an offence and is liable to a fine of $2,500 to $5,000.

2002, c. 69, s. 82; 2005, c. 32, s. 308; 2023, c. 34, s. 1370.

83. Every person who hinders or prevents a person from exercising functions in connection with an inspection, investigation or verification conducted pursuant to this Act is guilty of an offence and is liable to a fine of $2,500 to $5,000.

2002, c. 69, s. 83.

84. Every employer who contravenes the second paragraph of section 43 is guilty of an offence and is liable to a fine of $200 to $1,000.

2002, c. 69, s. 84.

85. Every person who aids, abets, counsels, allows, authorizes or commands another person to commit an offence under this Act is guilty of an offence.

Every person convicted of an offence under this section is liable to the same penalty as that prescribed for the offence whose commission the person aided or abetted.

2002, c. 69, s. 85.

TITLE II SPECIAL PROVISIONS APPLICABLE TO URGENCES-SANTÉ

2002, c. 69, Tit. II; 2023, c. 34, s. 1394.

86. (Repealed).

2002, c. 69, s. 86; 2005, c. 32, s. 308; 2023, c. 34, s. 1371.

87. “Corporation d’urgences-santé de la région de Montréal Métropolitain”, a legal person established under section 149.1 of the Act respecting health services and social services for Cree Native persons (chapter S-5), shall continue as “Urgences-santé” and shall carry on its activities for the Montréal and Laval health regions.

2002, c. 69, s. 87; 2023, c. 34, s. 1372.

88. The head office of Urgences-santé shall be situated in the territory of Ville de Montréal at the address determined by the board of directors.

2002, c. 69, s. 88; 2023, c. 34, s. 1394.

89. Part III of the Companies Act (chapter C-38) applies to Urgences-santé, subject to any inconsistent provisions of this Act.

2002, c. 69, s. 89; 2023, c. 34, s. 1394.

90. Under the responsibility of Santé Québec, Urgences-santé’s functions are to plan, organize and coordinate the organization of pre-hospital emergency services, including the establishment of a first responder service, for the Montréal and Laval health regions. To that end, Urgences-santé shall assume the functions and responsibilities conferred on

(1)  a health communication centre by sections 22 and 24;

(2)  a first responder service by section 39 and paragraph 2 of section 40; and

(3)  an ambulance service by section 44, subparagraphs 1, 2 and 5 of the first paragraph of section 60 and section 62.

Urgences-santé may also directly or indirectly exercise activities ancillary to those provided for in the first paragraph, act as a consultant in matters relating to the organization, management or training of the players in the organization of pre-hospital emergency services, and see to the commercial development or the dissemination of that expertise within or outside Québec.

Before exercising or causing to be exercised any of the activities provided for in the second paragraph, Urgences-santé must enter into an agreement with Santé Québec and make public the conditions of the agreement.

In addition, Urgences-santé must, as regards pre-hospital emergency services, ensure coordination between its services and the policies of Santé Québec.

2002, c. 69, s. 90; 2005, c. 32, s. 308; 2023, c. 34, s. 1373.

90.1. The functions and responsibilities conferred on Santé Québec with respect to health regions by the provisions of Title I shall be assumed by Urgences-santé for the Montréal and Laval health regions, taking into account the following adaptations:

(1)  the five-year pre-hospital emergency service organization plan adopted by Urgences-santé under subparagraph 1 of the first paragraph of section 7 is approved, in accordance with subparagraph 1 of the first paragraph of section 3, by Santé Québec;

(2)  a reference to the five-year plan of a territorial institution of Santé Québec or of the regional entity is a reference to Urgences-santé’s five-year plan;

(3)  Santé Québec shall determine the standards, specifications and quality criteria that Urgences-santé must comply with in exercising the functions provided for in subparagraph 1 of the first paragraph of section 90; and

(4)  Urgences-santé shall submit to Santé Québec its annual planning as concerns the elements referred to in the first paragraph of section 25.1.

2023, c. 34, s. 1374.

90.2. The provisions of Title I, except subparagraphs 2, 4 to 10 and 13 of the second paragraph of section 4.1, subparagraph 1 of the second paragraph of section 7, sections 9 to 16, 18 to 21.1, 25.1 to 37 and 45 to 59, apply to Urgences-santé, with the necessary modifications.

2023, c. 34, s. 1374.

91. Urgences-santé is administered by a board of directors of 12 members appointed by the Government. The board is composed of the following members:

(1)  the president and chief executive officer;

(2)  the chair of the board of directors;

(3)  one member appointed from among the president and executive directors of an institution of Santé Québec situated in its territory;

(4)  one member appointed from among the physicians in charge of a local emergency room or who direct or coordinate such an emergency room’s activities;

(5)  one member appointed from among the employees of Urgences-santé;

(6)  one member appointed from among the persons having used the services of Urgences-santé during the 48 months preceding their appointment;

(7)  one member with experience in the local municipal sector;

(8)  one member with experience in the local business sector;

(9)  one member with expertise in emergency measures and civil protection;

(10)  one member with expertise in auditing;

(11)  one member with expertise in governance and risk management; and

(12)  one member with expertise in human resources management.

2002, c. 69, s. 91; 2005, c. 32, s. 308; 2022, c. 19, s. 297; 2023, c. 34, s. 1375; I.N. 2024-12-01.

92. (Repealed).

2002, c. 69, s. 92; 2022, c. 19, s. 298.

93. The term of office of a member of the board of directors ends when the member loses the qualifications required for appointment.

2002, c. 69, s. 93; 2022, c. 19, s. 299.

94. (Repealed).

2002, c. 69, s. 94; 2022, c. 19, s. 300.

95. (Repealed).

2002, c. 69, s. 95; 2022, c. 19, s. 300.

96. The functions of the president and chief executive officer shall be exercised on a full-time basis.

2002, c. 69, s. 96; 2022, c. 19, s. 301.

97. If the president and chief executive officer is unable to act, the Government may appoint a person to exercise the functions of that office while the president and chief executive officer is unable to act, and fix the person’s remuneration and other conditions of employment.

2002, c. 69, s. 97; 2022, c. 19, s. 302.

98. The members of the personnel of Urgences-santé, other than the president and chief executive officer, shall be appointed according to the staffing plan established by by-law of Urgences-santé.

Subject to the provisions provided for in a collective agreement, Urgences-santé shall determine, by by-law, the standards and scales of remuneration, employment benefits and other conditions of employment of the members of its personnel other than the president and chief executive officer, in accordance with the conditions defined by the Government.

2002, c. 69, s. 98; 2022, c. 19, s. 303; 2023, c. 34, s. 1394.

99. (Repealed).

2002, c. 69, s. 99; 2020, c. 5, s. 143.

100. (Repealed).

2002, c. 69, s. 100; 2020, c. 5, s. 143.

101. The fiscal year of Urgences-santé ends on 31 March.

2002, c. 69, s. 101; 2023, c. 34, s. 1394.

102. Urgences-santé shall provide to Santé Québec any information or report she may require on its activities.

2002, c. 69, s. 102; 2023, c. 34, s. 1376.

103. Not later than 30 June, Urgences-santé shall submit its financial statements and an annual management report for the preceding fiscal year to Santé Québec.

The financial statements and the annual management report must contain all the information required by Santé Québec.

2002, c. 69, s. 103; 2022, c. 19, s. 431; 2023, c. 34, s. 1377.

103.1. For the purposes of the Financial Administration Act (chapter A-6.001), the Minister of Health and Social Services is the minister responsible for Urgences-santé.

2023, c. 34, s. 1378.

104. Any person who requests or uses the pre-hospital emergency services of Urgences-santé may file with Urgences-santé a complaint relating to the services the person received or should have received from Urgences-santé.

Urgences-santé shall appoint a member of its personnel to exercise the functions of a service quality and complaints commissioner provided for in the Act respecting the governance of the health and social services system (chapter G-1.021) and establish, by by-law, a complaint examination procedure. The provisions of Part VII of that Act apply, with the necessary modifications, to the processing of complaints by Urgences-santé.

2002, c. 69, s. 104; 2005, c. 32, s. 299; 2023, c. 34, s. 1379.

105. (Repealed).

2002, c. 69, s. 105; 2022, c. 19, s. 304.

106. A person authorized in writing by Santé Québec to make an inspection may, to ascertain whether this Act, its statutory instruments or any regulation applicable to Urgences-santé made under this Act are being complied with,

(1)  enter, at any reasonable time, premises occupied by Urgences-santé;

(2)  examine and make a copy of any document relating to the activities carried on by Urgences-santé;

(3)  demand any information relating to such activities and the production of any document connected with them.

Every person having custody, possession or control of such documents and any other person working on the premises must give the inspector reasonable assistance, furnish the inspector with the information or documents requested and facilitate the examination of them.

The inspector must, on request, produce a certificate attesting to the inspector’s quality.

2002, c. 69, s. 106; 2023, c. 34, s. 1380.

107. Santé Québec may designate a controller who shall be responsible for seeing to the proper utilization of the public funds granted to Urgences-santé if Urgences-santé does not exercise adequate budgetary control.

Every person performing administrative duties within Urgences-santé is required to submit to the controller’s directives, within the limits of the powers conferred on the controller.

No undertaking may be entered into on behalf of Urgences-santé nor any disbursement made without the countersignature of the controller. Any undertaking entered into in contravention of this paragraph is absolutely null.

2002, c. 69, s. 107; 2023, c. 34, s. 1381.

108. Santé Québec may order that an inquiry be held into any matter pertaining to the administration, organization or operation of Urgences-santé and designate a person it entrusts with the inquiry.

The investigator is vested, for the purposes of the inquiry, with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

2002, c. 69, s. 108; 2023, c. 34, s. 1382.

109. Where Santé Québec orders an inquiry or designates a controller, it may suspend all or part of the powers of Urgences-santé for a period not exceeding six months and appoint an administrator to exercise such powers.

Santé Québec may extend the suspension of powers and the administrator’s mandate for a period not exceeding six months.

2002, c. 69, s. 109; 2023, c. 34, s. 1383.

110. Santé Québec may, for a period not exceeding 120 days, assume the provisional administration of Urgences-santé,

(1)  where Urgences-santé refuses or neglects to comply with the directives given to it pursuant to section 105 or to take the measures required to meet the objectives set forth in the directives;

(2)  where Urgences-santé engages in practices or tolerates a situation that could endanger the health or welfare of persons who call upon its services or that are inconsistent with the functions conferred upon Urgences-santé;

(3)  where it is seriously remiss in the performance of its obligations under this Act, its statutory instruments or any regulation, especially by incurring expenditures not provided for in its budget;

(4)  where Santé Québec has reasonable grounds to believe that there has been a serious fault, such as embezzlement, breach of trust or other misconduct by a member of the board of directors.

The period of 120 days may be extended by the Minister for a period not exceeding 90 days.

2002, c. 69, s. 110; 2023, c. 34, s. 1384.

111. Where Santé Québec assumes provisional administration of Urgences-santé, the powers of Urgences-santé are suspended and are exercised by Santé Québec.

2002, c. 69, s. 111; 2023, c. 34, s. 1385.

112. Santé Québec shall make a provisional report of the administration to the Minister as soon as possible, setting forth Santé Québec’s findings and recommendations.

Before submitting the report to Minister, Santé Québec shall give Urgences-santé an opportunity to present observations. Santé Québec shall attach to the report a summary of the observations presented to it by Urgences-santé.

2002, c. 69, s. 112; 2023, c. 34, s. 1386.

113. The Minister may, if the provisional report confirms the existence of a situation described in the first paragraph of section 110,

(1)  order that the situation be remedied within the time it specifies ;

(2)  decide that Santé Québec is to continue the provisional administration or suspend it until Urgences-santé complies with any conditions imposed by the Minister.

2002, c. 69, s. 113; 2023, c. 34, s. 1387.

114. Santé Québec shall make a final report to the Minister upon ascertaining that the situation described in the provisional report has been corrected or that it will not be possible to correct it.

2002, c. 69, s. 114; 2023, c. 34, s. 1388.

115. The Minister may, after receiving the final report of Santé Québec,

(1)  terminate the provisional administration of Urgences-santé on the date the Minister specifies;

(2)  declare the members of the board of directors of Urgences-santé forfeited of office and provide for the appointment of their replacements;

(3)  exercise any power conferred upon the Minister by section 113.

2002, c. 69, s. 115; 2023, c. 34, s. 1389; I.N. 2024-12-01.

116. A person who, under the authority of Santé Québec, assumes the provisional administration of Urgences-santé, is authorized to make an inspection under section 106, is appointed controller under section 107 or is appointed administrator under section 109 may not be prosecuted for any act performed in good faith in the carrying out of his or her functions.

2002, c. 69, s. 116; 2023, c. 34, s. 1390.

TITLE III INFORMATION SYSTEM

117. For the purpose of measuring and assessing the quality of the provision of pre-hospital emergency services, Santé Québec or the Minister, as applicable, may establish a system for the collection of information concerning the request for services, the provision of services and the use of resources.

The information may be collected from service providers, Santé Québec, Urgences-santé or regional entities.

2002, c. 69, s. 117; 2023, c. 34, s. 1391.

118. Whenever a person being transported or the person’s representative is unable to provide the information at the time of transportation, Santé Québec or an institution other than a Santé Québec institution, as applicable, must furnish to the person responsible for completing a declaration of transportation the following information respecting the person transported if it has the information in its possession: the name, address, age and health insurance number of the person and, where applicable, the name and address of the person’s military unit, the person’s veteran’s number, the name and number of the person’s Indian band and the person’s recipient number for the purposes of a financial assistance program provided for in Chapter I, II, V or VI of Title II of the Individual and Family Assistance Act (chapter A-13.1.1).

The information thus obtained may not be used for purposes other than obtaining payment for the transportation provided and fixing the remuneration or amount payable to the person providing the transportation service.

In addition, Santé Québec or the Minister, as applicable, may, for the purposes of statistics or for planning transportation services, require information on any transportation made, from any person having possession of such information. No information may be transmitted that would allow the persons transported to be identified.

2002, c. 69, s. 118; 2005, c. 15, s. 173; 2018, c. 11, s. 26; 2023, c. 5, s. 257; 2023, c. 34, s. 1392.

TITLE IV AMENDING, TRANSITIONAL AND FINAL PROVISIONS

119. (Amendment integrated into c. A-2.1 , s. 7).

2002, c. 69, s. 119.

120. (Amendment integrated into c. A-6.001, Schedule 2).

2002, c. 69, s. 120.

121. (Amendment integrated into c. A-25, s. 155.5).

2002, c. 69, s. 121.

122. (Amendment integrated into c. A-29, s. 3).

2002, c. 69, s. 122.

123. (Amendment integrated into c. C-24.2, s. 4).

2002, c. 69, s. 123.

124. (Amendment integrated into c. C-24.2, s. 439).

2002, c. 69, s. 124.

125. (Amendment integrated into c. C-27, s. 111.0.16).

2002, c. 69, s. 125.

126. (Amendment integrated into c. C-27, Schedule I).

2002, c. 69, s. 126.

127. (Amendment integrated into c. J-3, s. 25).

2002, c. 69, s. 127.

128. (Amendment integrated into c. J-3, s. 119).

2002, c. 69, s. 128.

129. (Amendment integrated into c. J-3, Schedule I).

2002, c. 69, s. 129.

130. (Amendment integrated into c. M-1.1, s. 1).

2002, c. 69, s. 130.

131. (Amendment integrated into c. M-1.1, ss. 2, 3, 8, 9, 10, 18, 19, 20, 23 and 25).

2002, c. 69, s. 131.

132. (Amendment integrated into c. L-0.2, title).

2002, c. 69, s. 132.

133. (Amendment integrated into c. L-0.2, s. 1).

2002, c. 69, s. 133.

134. (Amendment integrated into c. L-0.2, s. 2).

2002, c. 69, s. 134.

135. (Amendment integrated into c. L-0.2, s. 2.1).

2002, c. 69, s. 135.

136. (Amendment integrated into c. L-0.2, s. 31).

2002, c. 69, s. 136.

137. (Amendment integrated into c. L-0.2, s. 34).

2002, c. 69, s. 137.

138. (Amendment integrated into c. L-0.2, s. 35).

2002, c. 69, s. 138.

139. (Amendment integrated into c. L-0.2, s. 36).

2002, c. 69, s. 139.

140. (Amendment integrated into c. L-0.2, s. 37).

2002, c. 69, s. 140.

141. (Amendment integrated into c. L-0.2, s. 39).

2002, c. 69, s. 141.

142. (Amendment integrated into c. L-0.2, s. 40).

2002, c. 69, s. 142.

143. (Amendment integrated into c. L-0.2, s. 40.1).

2002, c. 69, s. 143.

144. (Amendment integrated into c. L-0.2, ss. 40.2 to 40.3.1).

2002, c. 69, s. 144.

145. (Amendment integrated into c. L-0.2, s. 41).

2002, c. 69, s. 145.

146. (Amendment integrated into c. L-0.2, s. 65).

2002, c. 69, s. 146.

147. (Amendment integrated into c. L-0.2, s. 69).

2002, c. 69, s. 147.

148. (Amendment integrated into c. L-0.2, s. 71).

2002, c. 69, s. 148.

149. (Amendment integrated into c. P-42, s. 11.12).

2002, c. 69, s. 149.

150. (Amendment integrated into c. R-10, Schedule I).

2002, c. 69, s. 150.

151. (Amendment integrated into c. R-10, Schedule III).

2002, c. 69, s. 151.

152. (Amendment integrated into c. S-4.2, s. 60).

2002, c. 69, s. 152.

153. (Amendment integrated into c. S-4.2, s. 61).

2002, c. 69, s. 153.

154. (Amendment integrated into c. S-4.2, s. 340).

2002, c. 69, s. 154.

155. (Amendment integrated into c. S-5, s. 1.1).

2002, c. 69, s. 155.

156. (Amendment integrated into c. S-5, ss. 149.1 to 149.34)

2002, c. 69, s. 156.

157. (Amendment integrated into c. R-12.1, Schedule II).

2002, c. 69, s. 157.

158. (Amendment integrated into c. R-12.1, Schedule V).

2002, c. 69, s. 158.

159. (Amendment integrated into c. P-31.1, s. 8).

2002, c. 69, s. 159.

160. (Amendment integrated into c. P-31.1, s. 20).

2002, c. 69, s. 160.

161. (Amendment integrated into c. S-2.2, s. 166).

2002, c. 69, s. 161.

162. An ambulance service permit that is valid on 19 December 2002 remains valid until a new permit is issued pursuant to the provisions of this Act.

2002, c. 69, s. 162.

163. A contract entered into under section 149.27 of the Act respecting health services and social services for Cree Native persons (chapter S-5) that is in force on 19 December 2002 remains valid and continues to produce its effects until a new contract is entered into in accordance with the provisions of section 9 of this Act.

2002, c. 69, s. 163.

164. The call coordination centre “Centrale de coordination santé de la région de Québec (03) Inc.”, a legal person constituted on 15 December 1995 under Part III of the Companies Act (chapter C-38) and recognized in accordance with the provisions of section 149.26 of the Act respecting health services and social services for Cree Native persons (chapter S-5), is recognized as a health communication centre within the meaning of this Act, if it complies with the provisions determined under the second paragraph of section 18.

The centre must, before 19 March 2003, take the necessary measures to modify its board of directors and bring it into conformity with section 21.

If the centre fails to do so, the Québec regional board of health and social services shall appoint the board members within the following month.

2002, c. 69, s. 164.

165. The call coordination centre “Groupe Alerte Santé Inc.”, a legal person constituted on 20 February 1997 under Part IA of the Companies Act (chapter C-38), is authorized to apply to the Inspector General of Financial Institutions for the issue of letters patent constituting its members as a legal person governed by Part III of the Companies Act pursuant to section 221 of that Act ; for that purpose, the shareholders of the legal person are deemed to be its members.

On the date on which the letters patent are issued,

(1)  the authorized capital stock of the legal person and all its issued shares are cancelled ;

(2)  the shareholders of the legal person are entitled as former shareholders to claim from the legal person, within one month after the date of issue of the letters patent, the book value of their shares as established in the legal person’s audited financial statements at 31 March 2002.

The legal person’s property continues to belong to the legal person, and the legal person retains its rights, obligations and responsibilities in respect of third persons without prejudice to the causes of actions having already arisen.

If the centre “Groupe Alerte Santé Inc.” fails to apply for the issue of the new letters patent by 19 March 2003, the Minister may, without further formality, determine that the regions which would have been served by “Groupe Alerte Santé Inc.” will be served by another health communication centre determined by the Minister.

2002, c. 69, s. 165.

166. Following the issue of letters patent in conformity with section 21, the call coordination centre “Groupe Alerte Santé Inc.”, recognized in accordance with the provisions of section 149.26 of the Act respecting health services and social services for Cree Native persons (chapter S-5), shall be recognized as a health communication centre within the meaning of this Act, if it complies with the provisions determined under the second paragraph of section 18.

The centre must, before 19 March 2003, take the necessary measures to ensure that the composition of its board of directors is in conformity with section 22, failing which the Montérégie regional board of health and social services shall appoint the board members within the following month.

2002, c. 69, s. 166.

167. The centre “La Centrale des appels d’urgence Chaudière-Appalaches”, a legal person constituted on 31 May 1994 under Part III of the Companies Act (chapter C-38), is recognized as a health communication centre within the meaning of this Act, if it complies with the provisions determined under the second paragraph of section 18.

Notwithstanding the provisions of the first paragraph of section 21, the centre may continue to carry on all the activities carried on on 19 December 2002.

However, the centre must, before 19 March 2003, take the necessary measures to ensure that the operations inherent in a health communication centre within the meaning of this Act and the budgets attached to such operations are separated from the other activities of the legal person.

2002, c. 69, s. 167; 2023, c. 34, s. 1393.

168. The centre “Centre d’appel d’urgence des régions de l’est du Québec (CAUREQ)”, a legal person constituted on 5 March 1996 under Part III of the Companies Act (chapter C-38), is recognized as a health communication centre within the meaning of this Act, if it complies with the provisions determined under the second paragraph of section 18.

Notwithstanding the provisions of the first paragraph of section 21, the centre may continue to carry on all the activities carried on on 19 December 2002.

However, the centre must, before 19 March 2003, take the necessary measures to ensure that the operations inherent in a health communication centre within the meaning of this Act and the budgets attached to such operations are separated from the other activities of the legal person.

2002, c. 69, s. 168; 2023, c. 34, s. 1393.

169. Any natural or legal person or any group of natural or legal persons in operation on 7 November 2001 that receives calls from persons requesting ambulance services for any of the territories of regional boards served by a health communication centre as determined by the Minister under section 18, is authorized to pursue such activities until the communication centre is in operation.

As of that date, the person or group of persons must ensure that all activity has ceased and that the necessary measures have been taken so that any call that may be received by the person or group is transferred directly to the health communication centre serving the territory from which the call originates.

After a health communication centre is in operation for the territory served by a person or group referred to in the first paragraph, the Minister shall, in the cases the Minister deems appropriate and after obtaining the authorization of the Conseil du trésor, pay to that person or group the amount of an indemnity considered reasonable by the Minister.

2002, c. 69, s. 169.

170. Any person who, on 31 May 2011, is the holder of a valid ambulance technician qualification card issued by an agency or Corporation d’urgences-santé de la région de Montréal Métropolitain and is employed in that capacity by the Corporation or an ambulance service permit holder shall be registered of right in the national workforce registry maintained by the Minister under paragraph 10 of section 3.

The Corporation d’urgences-santé and every agency in whose territory a permit holder operates an ambulance service shall take the necessary measures to furnish to the national medical director of pre-hospital emergency services the list of all the persons to whom the first paragraph applies, within one month after the coming into force of the regulation respecting the conditions to be met by an ambulance technician for registration in the national workforce registry established by the Government under section 64.

2002, c. 69, s. 170; 2005, c. 32, s. 308.

171. Any person who, on 31 May 2011, is the holder of a valid ambulance technician qualification card issued by an agency or the Corporation d’urgences-santé de la région de Montréal Métropolitain but is not employed in that capacity may, within 24 months after the coming into force of the regulation respecting the conditions to be met by an ambulance technician for registration in the national workforce registry established by the Government under section 64, be registered in the register.

2002, c. 69, s. 171; 2005, c. 32, s. 308.

171.1. Any person who, on 31 May 2011, does not hold a valid ambulance technician qualification card issued by an agency or the Corporation d’urgences-santé de la région de Montréal métropolitain but held such a card in the three years preceding the coming into force of the regulation respecting the conditions to be met by an ambulance technician for registration in the national workforce registry made by the Government under section 64, and who trains ambulance technicians or works in quality assurance or pre-hospital service management, may be registered in the national workforce registry.

2009, c. 45, s. 43.

172. Insofar as it is consistent with the provisions of this Act, every order, order in council, regulation, by-law, other statutory instrument or decision made or rendered by the Government, the Minister, an agency, a regional council or any other competent authority pursuant to any of the provisions of the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2) or Division VI.1 of the Act respecting health services and social services (chapter S-5) for Cree Native persons that applies to the persons or bodies to which this Act applies, shall continue to apply until provided to the contrary or until it is replaced pursuant to the provisions of this Act.

2002, c. 69, s. 172; 2005, c. 32, s. 308; 2009, c. 30, s. 58; 2016, c. 1, s. 145.

173. The persons appointed in accordance with paragraphs 1 to 5 of section 149.6 of the Act respecting health services and social services for Cree Native persons (chapter S-5) are deemed to be appointed under paragraphs 1 to 5 of section 91 of this Act and shall remain in office until the end of their terms.

The persons appointed in accordance with paragraphs 6 to 8 of section 149.6 of the Act respecting health services and social services for Cree Native persons shall remain in office until replaced in accordance with paragraphs 6 to 9 of section 91 of this Act.

2002, c. 69, s. 173.

174. The person who, on 19 December 2002, holds the office of executive director of Corporation d’urgences-santé de la région de Montréal Métropolitain shall continue to hold that office until the end of his or her term.

2002, c. 69, s. 174.

175. The Minister of Health and Social Services is responsible for the administration of this Act.

2002, c. 69, s. 175.

The Minister Responsible for Government Administration and Chair of the Conseil du trésor assumes responsibility for developing and coordinating a global collective negotiation strategy for the government administration. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

176. (Omitted).

2002, c. 69, s. 176.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 69 of the statutes of 2002, in force on 1 April 2003, is repealed, except section 176, effective from the coming into force of chapter S-6.2 of the Revised Statutes.