Reactions to bills and legislation

The Québec Ombudsman commends the desire to update the chartered administrators' Code of Ethics and strengthen their duties and obligations in order to improve the protection of the public and has issued recommendations to ensure that the proposed amendments achieve this objective.

• Letter to the President of the Office des professions du Québec (PDF, 77 Ko)

The Québec Ombudsman welcomes the amendments that will allow study participants and their heirs or legal representatives access to the complaint examination procedure.

• Letter to the President of the Committee on Health and Social Services (PDF, 76 Ko)

The Québec Ombudsman offered comments on the Commission d’accès à l’information (CAI) 2011 Five-Year Report: Technology and Privacy, in a Time of Societal Choices, submitted for general consultation to the Commission des institutions. The Ombudsman supports most of the recommendations in the report. It notes, however, that several of the recommendations will have an impact on the CAI's ability to exercise the duties assigned to it under the Act respecting access. The wait times to be heard by a CAI commissioner are already quite long.

• Commentaires du Protecteur du citoyen présentés à la Commission des institutions dans le cadre de la consultation générale sur le Rapport quinquennal 2011 de la CAI (PDF,  228 Ko)

The Québec Ombudsperson acknowledges the soundness of the amendments made to the Tax Administration Act to take more effective action against economic crimes against the State. She also notes the increased tax credit for homecare of the elderly and the amount granted to natural caregivers of elderly spouses.

• Letter to the Chair of the Commission des finances publiques (PDF, 41 Ko)

In a letter to the Minister of Employment and Social Solidarity, the Ombudsperson expresses concern about the amendments to the Individual and Family Assistance Regulation. Although she agrees with certain principles of the Draft Regulation, particularly the prevention of abuse, she fears that it increases the vulnerability of some social assistance recipients. Ms. Saint-Germain makes three recommendations to the Minister:

• That access to the temporarily limited capacity allowance be maintained for recipients 55 years old or over, until the statistics and studies indicate a positive evolution of their employability and the impact of government employment assistance programs.
• That the current conditions of eligibility for special benefits for living expenses for additional services with accommodations be maintained. On this question, the Ombudsperson believes that the duration and number of stays at a centre offering addiction should depend on clinical criteria rather than a predetermined standard.
• That a provision be added to the Draft Regulation to ensure that the rates for the special benefits set out in the Regulation correspond to the actual costs disbursed by the recipients.

• Letter concerning the Regulation to amend the Individual and Family Assistance Regulation (PDF, 93 kB)

Pending an overhaul of the crime victims compensation system, which the Québec Ombudsman has been calling for since 2002, it endorses the government’s will  to increase assistance to crime victims and their families.

In a letter to the Chair of the Committee on Institutions, the Ombudsperson made recommendations concerning:

• payment of crime scene cleaning costs;
• payment of the costs incurred for resiliation of a residential lease;
• the lump sum indemnity to a deceased dependent person;
• the deadline for applying for benefits.

• Letter to the Chair of the Committee on Institutions (PDF, 79 Ko)

Today the Ombudsperson endorsed Bill 12 as part of the special consultations and public hearings on this bill. In her estimation, the bill strikes a balance between the public interest and the rights of all peace officers concerned. When the bill is passed and the act becomes law, it will establish a civilian organization that combines independence and expertise. The organization will be tasked with conducting investigations on incidents involving police officers that resulted in serious injury to civilians or civilian fatalities. That being the case, Ms. Saint-Germain made five recommendations aimed at fostering deployment and enforcement of the act.

• Brief by the Québec Ombudsman on Bill 12 (269 PDF, Ko)
• Text of the Ombudsperson's address before the Committee on Institutions on Bill 12
• News release Bill 12 (PDF, 65 Ko)

The Québec Ombudsman agrees with the introduction in the draft regulations published in the Gazette officielle on January 23 of new professional activities that may be engaged in by a pharmacist, including prescribing and administering certain medications. In a letter to the Chair of the Office des professions du Québec, also sent to the Minister of Health and Social Services, Raymonde Saint-Germain qualified this by saying that she was worried about the possible financial impact of some of the measures on citizens.  She fears that pharmacists will bill for services currently provided free of charge by physicians.

• The Ombudsperson’s letter to the Chair of the Office des professions du Québec (PDF, 52 Ko) (French version only)

In the Ombudsperson’s opinion, the draft regulation “is likely to improve the situation of recipients of last resort financial assistance as well as that of certain people related to them.” She is especially satisfied with the extension of the application deadline for the special benefit for funeral expenses from 30 to 90 days.

• The Ombudsperson’s letter to the Minister of Employment and Social Solidarity (PDF, 177 Ko)

Raymonde Saint-Germain’s viewpoint is that the amendments to the Regulation respecting occupational health and safety and the Safety Code for the Construction Industry will help prevent construction and maintenance workers’ exposure to asbestos.  The draft regulation provides that within two years of its being assented to, all buildings where there are workers must be inspected with a view to recovering fireproofing or insulation containing asbestos. Every employer must also have a log of the outcomes of the inspections and any follow-up and keep it updated.

• Letter to the Chair and Chief Executive Officer of the Commission de la santé et de la sécurité du travail (CSST) (PDF, 111 Ko)