Reactions to bills and legislation

The purpose of the draft Regulation to amend the Regulation respecting the Gazette officielle du Québec is to abolish the annual subscription price for the electronic versions of Parts 1 and 2 of the Gazette officielle du Québec posted on the Publications du Québec website.

In a letter to the President and Director General of the Centre de services partagés, the Ombudsperson endorses the new provisions, which she sees as providing greater access to information for citizens who want to contribute to the government’s decisional process by giving their opinion on the draft regulations that affect them.   

Letter

The aim of the draft bill is to improve the accessibility of civil justice and service quality and promptness. The means proposed in the new Code of Civil Procedure include alternative modes of dispute resolution, more power for judges to intervene, better control of judicial proceedings, greater autonomy for citizens to act within the judicial system, and an increase in the maximum amount for claims brought before the Small Claims Division to $15,000.

In a letter to the Chair of the Committee on Institutions, the Ombudsperson expresses her general approval of the solutions proposed in the draft bill. However, she also makes the legislator aware of the importance of informing citizens about non-judicial recourse, more specifically, in their relations with government. She insists that such a course is crucial to developing trust between citizens and government departments, public agencies, bodies, and other government institutions.

Letter

One of the effects of the bill is to allow the direct deposit of the solidarity tax credit into accounts in financial institutions located outside of Québec. In a letter to the Chair of the Committee on Public Finance, the Ombudsperson welcomes this gain stemming from her recommendation. She notes that the same bill contains a specific deadline for taxpayers to apply to Revenu Québec for an adjustment after being double-taxed on an amount reimbursed by a succession before January 1, 2010. The Ombudsperson believes that this deadline (December 31, 2011) should be extended by two years to give citizens the opportunity to exercise their rights.

Letter

While welcoming the intention behind Bill 16 to increase protection for the elderly lodged in certified private residences, the Québec Ombudsperson cautions against the possible negative impacts of some of the changes proposed. "Some of the amendments introduced by the bill seem to me to be more a matter of easing for the benefit of operators than of tightening for the benefit of residents," she said.

Brief

In an effort to combat consumer debt overload, Bill 24 provides for new credit-related measures, which the Québec Ombudsman has thoroughly reviewed.

In a letter to the Minister of Justice, the Québec Ombudsperson expressed her support for the bill, noting that this eagerly awaited and appropriate legislation would have positive effects for consumers, whose overall debts are rising to worrying levels.

Letter

The main objective of the proposed regulation is to confer new medical duties on ambulance technicians trained in advanced care, thereby increasing their training requirements.

In a letter to the President of Office des professions, the Québec Ombudsperson welcomed the fact that a wider range of advanced pre-hospital care services would be available from ambulance technicians across Québec. However, she cautioned that, as the required training programs are not yet available, transitional provisions must be included to ensure the continuity of services currently provided.

Letter

The new provisions of Bill 22 clarify the rules applicable in the case of resiliation of a lease under certain articles of the Civil Code of Québec. In a letter to the Minister responsible for Seniors, the Québec Ombudsperson stresses the importance of this bill, which she feels would better protect renters—especially seniors—thanks to the removal of certain vague points and the possible reduction of the financial consequences of resiliation of a lease.

Letter

The draft regulation introduces a new obligation for holders of a certificate of authorization for certain drilling and fracturing work on gas or petroleum wells, namely, that from now on they must periodically file with the Minister of Sustainable Development, Environment and Parks the information collected in the course of their activities.

The Québec Ombudsperson is of the opinion that the slate of fines for non-compliance with this obligation varies widely and is unstructured. Given the cost of conducting the required analyses, certificate holders could opt to pay a fine rather than hire an expert, even when sanctions for repeat offences are taken into account.

As Raymonde Saint-Germain points out, it is vital that the regulation fulfill its intentions. She therefore recommends that the Minister strive to make the draft regulation better reflect the spirit and letter of Bill 89 (Act to amend the Environment Quality Act in order to reinforce compliance). To that end, she proposed the following measures:

• set out criteria for determining the fines imposed; and
• formally notify the Government or the Minister of any situation involving repeat offences so that the certificate of authorization issued to the offender can be reconsidered.

Letter

Bill 2 validates the Order in Council dated 11 November 2009 (quashed by the Superior Court of Québec in November 2010), whose specific purpose was to authorize the Minister of Transport to use lots situated in an agricultural zone for purposes other than agriculture (extension of Highway 87).

The Québec Ombudsperson transmitted its comments on the following points to the Chair of the Committee on Transportation and the Environment:

• the importance for the legislator to ensure respect of the rights of all citizens concerned by the effects of the bill by seeing to it that they are treated with justice and fairness and in keeping with democratic values;
• the exceptional nature of any legislative provision retroactive in scope, and, in such case, the need to demonstrate that it is necessary;
• the fair balance that parliamentarians must strike between, on the one hand, exercise of the National Assembly's sovereignty, and, on the other, its values and procedural fairness.

Letter

The proposed changes in the Act to improve the management of the health and social services network will have little practical or immediate effect on the improvement of services to the public. "Access to clearly defined, well-integrated and well-dispensed services at a reasonable cost requires a simplification of structures, strengthened accountability and clarification of the basket of services, which are not addressed in this bill," stated Raymonde Saint-Germain.

Press release

Speech

The Québec Ombudsperson has written to Minister Raymond Bachand, expressing her concern about Bill 117, which provides for mandatory automatic transfer of the new solidarity tax credit. Although she supports the principle of automatic transfers of funds, since they reduce the Government's administrative costs, Ms. Saint-Germain is worried that people who do not have an account with a financial institution will be unable to obtain the new credit.

The Québec Ombudsperson's letter

The Québec Ombudsperson contacted the Minister of Sustainable Development, Environment and Parks regarding the draft regulation amending the activities framework of the proposed Samuel-De Champlain Biodiversity Reserve. The draft regulation provides that the government may authorize gas and oil exploration. The Ombudsperson recommends that such activities not be carried out in a proposed or existing biodiversity reserve.

The Québec Ombudsperson's Letter

The purpose of the bill includes giving the board jurisdiction over any matter relating to setting rent, changing other conditions of a lease or revising rent.  This jurisdiction would include powers to curb abuse of procedure (foreclosure). While noting its agreement on this last point, the Québec Ombudsman pointed out that the bill must be improved to resolve the recurring problem of excessive delays.

Speech

Among other things, the purpose of the bill is to:

• Create a new attribution process for subsidized places
• Curtail the development of daycare chains
• Make shareholders accountable
• Introduce a new penalty regime
• Create new powers to put an end to illegal childcare

The Québec Ombudsman supports these improvements. Its recommendations include stepping up inspections related to the application of the educational program, an issue that is not addressed by the current bill.

Speech

The bill governs the cohabitation of the users of off-road vehicles and the people who live along the trails, especially in terms of hours of use, distance from houses and signage. The Québec Ombudsman wrote to the President of the Commission des transports et de l'environnement asking to lift the current moratorium which protects the users and managers of the interregional trails from legal recourse by local residents, which the bill extends to December 1, 2017.

Letter from the Ombudsperson

The main purpose of the draft regulation is to increase the duties charged to issue copies of acts, certificates and attestations, based on the service channel. The Québec Ombudsman wrote to the President of the Conseil du Trésor to recommend that care be taken, in the new regulations, not to penalize low-income households. It also asked for certain information to be provided concerning the new duties (basis and details of calculations, report in 2013).

Letter from the Ombudsperson

Among other things, the bill seeks to facilitate the reciprocal enforcement by Québec and other States (including other Canadian provinces) of decisions related to labour standards that order the payment of a sum of money. The Québec Ombudsman wrote to the Ministre du Travail to express support for the changes proposed under this bill.

Letter from the Ombudsperson

Among other things, the purpose of the bill is to respond to the Supreme Court ruling invalidating the prohibition to send a child to an unsubsidized private English school in order to subsequently acquire access to English public schooling. The Québec Ombudsman wrote to the president of the Commission de la culture et de l’éducation to recommend various measures to safeguard the transparency and integrity of the regulatory processes.

Letter from the Ombudsperson

One of the effects of the bill is to authorize the Régie des rentes du Québec to suspend the payment of the refundable tax credit for child assistance (CIRSE) pending an investigation into the recipient’s eligibility. The Québec Ombudsman wrote to the President of the Commission des finances publiques to recommend that the use of such a measure be exceptional and subject to strict rules.

Letter from the Ombudsperson

The draft regulation concerns a minimum rate of return for profits from games of chance, and a legal and safe public supply of online games administered by Loto-Québec. The Québec Ombudsman wrote to the Minister of Finance concerning the State’s responsibility for ensuring public safety in interactive television games.

Letter from the Ombudsperson (French Version Only)

The main purpose of the bill is to create a framework for the legal services provided in long and complex trials or pursuant to court orders under the Criminal Code. The Québec Ombudsman wrote to the Chair of the Committee on Institutions concerning:

• the fees charged to wards when the Curateur public opens a protective supervision program;
• the fact that the Regulation respecting legal aid does not recognize the replacement of a legal representative as being an admissible service.

Letter from the Ombudsperson (French Version Only)

Among other things, the Bill sets out new highway safety standards for snow removal operations and the wearing of protective helmets by cyclists. The Québec Ombudsman wrote to the Chair of the Committee on Transportation and the Environment in order to:

• recommend that the Ministère des Transports should exercise its right of disallowance for snow blowers;
• comment on the sanctions applicable for failure to wear a protective helmet.

Letter from the Ombudsperson (French Version Only)

The purpose of the draft regulation is to include provisions concerning publicity in the Code of Ethics of Physicians. The Québec Ombudsman approached the President of the Office des professions concerning the information given to users on:

• the effects of physician status (public insurance plan and fees);
• the recourses available to them in disputes concerning a physician’s fees.

Letter from the Ombudsperson (French Version Only)

The draft bill introduces the possibility of open adoption and adoption in which the bond of filiation with the original parents is not dissolved in certain exceptional cases, and also changes the rules concerning the confidentiality of adoption files. The Québec Ombudsman spoke to the Committee on the importance of ensuring that the rights of children are upheld, and also emphasized the right of adopted people to obtain access to information on their background.

Speech (French Version Only)

Among other things, the draft regulation concerns the fees charged for reports prepared by health professionals on behalf of the Société de l’assurance automobile du Québec. The Québec Ombudsman wrote to the Minister of Transport, recommending that accident victims should not be penalized by a lower reimbursement if their physician did not use the correct form, and that the SAAQ should review both the fees currently stipulated in the Regulation and the prescribed method for periodic review.

Letter from the Ombudsperson (French Version Only)

The purpose of the draft regulation is to provide better protection for members of the general public who use the services of midwives. The Québec Ombudsman wrote to the President of the Office des professions, recommending that the duties and obligations set out in the Code of Ethics of Midwives should include the declaration and disclosure of incidents and accidents.

Letter from the Ombudsperson (French Version Only)

The bill grants the Government the regulatory power to set the minimum and maximum amounts chargeable for a course required to obtain a driver’s permit for a vehicle in the "passenger vehicle" class. The Québec Ombudsman wrote to the Chair of the Committee on Transportation and the Environment in order to make recommendations concerning:

• the cost of driving courses for motorcycles and mopeds;
• continuation of the pre-publication requirement.

Letter from the Ombudsperson (French Version Only)

The bill extends the mandatory certification process to certain resources offering lodging, as determined by regulation, including resources for people with problems relating to drug addiction and pathological gaming. The Québec Ombudsman presented a brief to the Committee:

• promoting the inclusion of the concept of "living environment" for resources offering lodging, along with the associated requirements;
• requesting that any transitions required to obtain certification should take place with due respect for the resource's residents.

Mémoire (French Version Only)

Among other things, the bill addresses:

• the payment of tolls and administrative fees;
• citizens' recourses against the Ministère des Transports' partners in the field of transport infrastructures.

The Québec Ombudsman wrote to the Chair of the Committee on Transportation and the Environment in order to make recommendations concerning:

• an administrative, non-judicial method of recovering unpaid tolls;
• a simple, independent complaints mechanism for all users of infrastructures operated by the MTQ's partners.

Letter from the Ombudsperson (French Version Only)

The bill establishes new rules of governance for university-level institutions and provides more autonomy for the constituent institutions of the Université du Québec. The Québec Ombudsman wrote to the Committee on Culture and Education, recommending the introduction of an impartial, independent ombudsman in every university.

Letter from the Ombudsperson (French Version Only)

The draft regulation includes provisions determining the conditions on which an exemption may be granted for vehicles not equipped with winter tires during the winter season. The Québec Ombudsman informed the Minister of Transport that it approved of the flexibility of the measures introduced, while emphasizing that they must remain exceptions.

Letter from the Ombudsperson (French Version Only)

Among other things, the bill provides for the introduction of a dispute processing mechanism. The Québec Ombudsman wrote to the Chair of the Committee on Culture and Education, recommending that the mechanism should fulfill all the necessary conditions for impartiality and independence, and that access to the mechanism should be extended.

Letter from the Ombudsperson (French Version Only)

The bill extends the mandatory certification process to certain resources offering lodging, as determined by regulation, including resources for people with problems relating to drug addiction and pathological gaming. The Québec Ombudsman recommended that the Minister for Social Services should ensure proper coordination of the process, to avoid mistakes in the certification of seniors' residences.

Letter from the Ombudsperson (French Version Only)

The draft regulation defines the complaint examination procedure. The Québec Ombudsman wrote to the Minister of Education, Recreation and Sports to emphasize the importance of an independent student ombudsman with increased powers.

Letter from the Ombudsperson (French Version Only)

The draft regulation concerns gradual access to driving and mandatory driving courses. The Québec Ombudsman wrote to the Minister of Transport, recommending that the bill should include a rigorous fee structure for driving courses.

Letter from the Ombudsperson (French Version Only)

The purpose of the bill is to protect the general public in its dealings with professional mental health and human relations counsellors. The Québec Ombudsman wrote to the Chair of the Committee on Institutions, recommending that because of its concerns regarding the coordination of the process, the Office des professions should have the power to settle disputes between the professional orders.

Letter from the Ombudsperson (French Version Only)

Bill 49 (An Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements, and amending various provisions) provides for recognition of associations of family-type resources and certain intermediate resources.

Bill 51 (An Act respecting the representation of certain home childcare providers and the negotiation process for their group agreements, and amending various legislative provisions) addresses the status of home childcare providers and any additional contributions that parents may be asked to pay.

The Québec Ombudsman wrote to the Chair of the Committee on Social Affairs, commenting on the pre-publication requirements and the provisions of the two bills affecting the transparency of government actions.

Letter from the Ombudsperson (French Version Only)

The bill enacts the Code and proposes that a position of Ethics Commissioner be created. The Québec Ombudsman made recommendations to the Chair of the Committee on Institutions concerning:

• the obligations of former Cabinet members;
• the time allowed for the President of the National Assembly to table an investigation report;
• exemption of the new Code from the requirements of the Act respecting access to documents held by public bodies and the protection of personal information;
• replacement of the Ethics Commissioner.

Letter from the Ombudsperson (French Version Only)

Among other things, the bill aims to protect the health of women who use assisted procreation services, and the children who are born as a result. The Québec Ombudsman write to the Chair of the Committee on Social Affairs, recommending access to a complaints processing mechanism for people who use assisted procreation services.

Letter from the Ombudsperson (French Version Only)

Among other things, the bill addresses the conditions for a pat-down frisk. The Québec Ombudsman wrote to the Chair of the Committee on Institutions, recommending that pat-down frisks should be carried out by an officer of the same gender as the person being frisked, except in emergencies. 

Letter from the Ombudsperson (French Version Only)

The draft regulation aims to authorize a broader range of care provided by the operator and staff of seniors’ residences, on certain conditions. The Québec Ombudsman wrote to the President of the Office des professions with recommendations concerning staff training, CSSS supervision and liability insurance coverage for residents.

Letter from the Ombudsman (French Version Only)