February 9, 2017

Bill 130 – An Act to amend certain provisions regarding the clinical organization and management of health and social services institutions


In a letter to the Committee on Health and Social Services, the Québec Ombudsman commented on two aspects of Bill 130—the complaint examination system and the role of institutions in cases of confinement.

The complaint examination system

The Québec Ombudsman feels that the amendments proposed by the Bill do not ensure the independence or the exclusivity of the functions of persons acting under the authority of service quality and complaints commissioners or assistant commissioners. So that this independence is secured, it recommended that section 31 of the Act respecting health services and social services be amended to include persons acting under the authority of a service quality and complaints commissioner or an assistant commissioner.

The role of institutions in cases of confinement

As the Québec Ombudsman sees it, section 15 addresses several of the deficiencies in connection with the application of the Act respecting the protection of persons whose mental state presents a danger to themselves or to others. It nonetheless made two recommendations concerning reporting, one on the inclusion in institutions’ annual management reports of information about the duration of the instances of confinement, the another on breaking down data by institution in order to obtain more accurate data.