On June 4, 2025, Ombudsperson Marc-André Dowd sent a letter to Mr. Luc Provençal, chair of the Committee on Health and Social Services. In the letter, he comments on Bill 103 – An Act mainly to regulate supervised consumption sites in order to promote their harmonious cohabitation with the community.
Mr. Dowd supports the decision to establish a minimum distance between supervised consumption sites and certain locations where children are present (schools, daycare centres, etc.).
However, he is concerned that the bill:
- Does not apply this minimum distance to supervised consumption sites on Santé Québec premises.
- Does not stipulate that the Minister must specify the reasons for decisions to grant, renew or withdraw authorization for supervised consumption services, or to review the conditions thereof. This is a requirement under the Act respecting administrative justice.
- Does not allow for any appeal before the Tribunal administratif du Québec (TAQ) in the event of a change or addition to the conditions of an authorization, or in the event of a refusal to renew an authorization.
The Protecteur du citoyen makes three recommendations to the Committee. The first aims to ensure that the minimum distance applies to all supervised consumption sites. The second is that the Minister should be required to provide reasons for decisions, in accordance with procedural fairness. The third recommendation seeks to ensure that citizens have the right to challenge a ministerial decision in this specific context before the TAQ.
