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The Chair was at the press conference announcing the introduction of Bill 115 aiming at countering mistreatment of older adults in vulnerable situations on October 19, 2016 (November 22, 2016)

Themes: Laws
  • Gaétan Barrette, Minister of Health and Social Services;
  • Lucie Charlebois, Minister for Rehabilitation, Youth Protection, Public Health and Healthy Living;
  • Stéphanie Vallée, Minister of Justice;
  • Several key partners, including Marie Beaulieu, the Chairholder.

The purpose of Bill 115 is to facilitate the reporting of mistreatment of older adults in vulnerable situations within the health and social services network and to improve response effectiveness. This Bill applies to people who receive health services and social services, whether services provided in a facility maintained by the institution or in-home services. In order to do so, Bill 115 places particular emphasis on existing mechanisms. Five key measures are put forward:

  1. “Institutions within the meaning of the Act respecting health services and social services are required to adopt and implement a policy to combat maltreatment of persons in vulnerable situations […]”.
  2. “The local service quality and complaints commissioner is responsible for dealing with complaints and reports made within the scope of the policy to combat maltreatment of persons in vulnerable situations. Measures are also to be put in place to preserve the confidentiality of information relating to the identity of persons who report maltreatment, to protect them against reprisals and to grant them immunity from proceedings after making such a report in good faith.”
  3. Facilitate the reporting of situations by stakeholders and professionals by clarifying the scope of professional secrecy and the circumstances in which it can be waived.
  4. […] the Government may determine, by regulation, the terms governing the use of monitoring mechanisms, such as cameras or any other technological means, on premises governed by the Act respecting health services and social services.
  5. Implement a socio-legal agreement in each region of Québec.

This bill is the result of a collaborative effort between various ministries and consultations involving several key partners, including the Chair. When Bill 399- An Act to eliminate maltreatment of vulnerable persons lodged in the health and social services network was tabled in 2013, former Minister Réjean Hébert had given the Chair a threefold mandate:

  • Perform a Canadian and International critical inventory of reporting mechanisms of mistreatment in nursing homes;
  • Produce an inventory of the existing reporting mechanisms in Québec and their use;
  • Perform an international literature review in order to highlight the emerging topics on mistreatment in nursing homes.

Following the mandate, the Chair produced a report summarizing the data collected as well as proposing a series of recommendations. The Executive Summary of this report (In French Only) was submitted to the Government of Québec in May 2016.

As the name indicates, the Bill is introduced to MNAs to be discussed, reviewed and amended, if need be. So, Québec must be patient; the adoption of this Bill is not going to happen anytime soon.  The Chair is satisfied with the content of this Bill for now and would like to emphasize the contribution of the Minister Charbonneau for the progress made on this key issue.