The administrators of the Québec Ombudsman are responsible for the accuracy, completeness and disclosure of the data. The Québec Ombudsman recommended that the department establish clear guidelines on this type of billing.
A FEW
STATISTICS
Requests under the jurisdiction of the Québec Ombudsman accounted for 50.9% of the total requests received. The areas under the jurisdiction of the Québec Ombudsman (correctional services, government services, health and social services and the disclosure of wrongdoing) also decreased (-14.7%).
PUBLIC SERVICE
Malgré la diminution des demandes fermées, le Protecteur du citoyen a constaté une augmentation significative des demandes liées au ministère de l'Immigration, de la Francophonie et de l'Intégration (de 252 à 840 demandes), au ministère de la Santé et des Services sociaux (de 53 à 216 demandes), au Ministère des Affaires municipales et de l'Habitation (de 18 à 45 demandes) et Office de la protection du consommateur (de 14 à 37 demandes). Ministère du Travail, de l'Emploi et de la Solidarité sociale 1 037 538 Diminution - 499 Commission des normes, de l'égalité et de la santé.
AGENCE DU
In 2017, the Québec Ombudsman observed that Revenu Québec sometimes attempted to collect debts for which the prescribed period had expired. The Québec Ombudsman is satisfied with Revenu Québec's cooperation and the measures put in place in response to its recommendations.
REVENU DU QUÉBEC
According to the Tax Administration Act, the period of limitation (statute of limitations) for a tax debt is 10 years after the day on which the notice of assessment is sent or, in the case of fees, from the time the fees are applied, unless Revenu Québec acted to collect the amount owed to him. This deadline prompts the government to act quickly to collect all types of debts.
REVENU QUÉBEC)
Starting in 2019, Revenu Québec began converting certain existing files from the old system to the new system. A week later, Revenu Québec received a new interim order extending the payments until the end of the same year.
COMMISSION DES NORMES, DE L’ÉQUITÉ, DE LA
In the case of accidents at work and occupational diseases, CNESST issues a compensation based on the income that the sick person has lost due to the accident or disease. The allowance is equal to 90% of the person's net salary before the accident or illness (with a cap on the amount of compensation).
SANTÉ ET DE LA SÉCURITÉ DU TRAVAIL
After the Québec Ombudsman intervened, the CNESST agreed to acknowledge its full liability to the plaintiff. The man believed that the CNESST had once again not assessed his salary correctly, so he complained to the Québec Ombudsman.
COMMISSION DES NORMES, DE L’ÉQUITÉ, DE LA SANTÉ ET
The mission of DGIVAC forces the agency to do this with the utmost respect for the victims who come to it for help. They may qualify if their doctor certifies that their condition prevents them from using available public transport.
DIRECTION GÉNÉRALE DE L’INDEMNISATION DES VICTIMES D’ACTES CRIMINELS
Following the intervention of the Québec Ombudsman, DGIVAC authorized the reimbursement of the cost of using the victim's vehicle at the preferential rate since her reinstatement four years ago. The public curator informs the tutors or curators of their responsibilities and supervises the administration of the files.
CURATEUR PUBLIC
The Quebec Ombudsman found that the curatorial public was in some cases negligent in its oversight role. The curatorial public is therefore committed to providing the best possible property management (rental or sale).
MINISTÈRE DE L’ÉDUCATION
The Québec Ombudsman immediately contacted the department, who confirmed that the contracts had not yet been sent to the regional organizations. The Québec Ombudsman will closely monitor the implementation of his recommendation and of the department's proposed solutions.
MINISTÈRE DE L’ÉNERGIE ET DES RESSOURCES
Another possibility is that the submitted elements are not sufficient for the ministry to determine that the cadastre needs to be changed. In addition, the Ombudsman of Québec noted that the AFE is particularly strict in such cases.
MINISTÈRE DE L’ENSEIGNEMENT
On this basis, the Québec Ombudsman asked the AFE to cancel the two-year suspension and restore the student's eligibility for financial assistance. The Québec Ombudsman therefore intervened with the AFE to ensure fairness by requesting that the student be recognized as having presumably enrolled status for July to October.
MINISTÈRE
In terms of the Environmental Quality Act, any intervention in wetlands and water bodies must receive prior approval from the Minister of the Environment. When the Department sees that an unauthorized intervention has taken place in such an environment, it issues a notice of non-compliance and orders remediation.
DE L’ENVIRONNEMENT ET DE LA LUTTE CONTRE
The departmental guidelines also specify that its own departments must have a full understanding of the circumstances surrounding the violation and impose adjusted and appropriate corrective measures as necessary. Certain factors may be taken into account, for example if the offender was misinformed by a third party such as a municipality that granted authorization that the department's rules were violated.
CLIMATIQUES
Loss of documents related to the Québec Experience Program (PEQ) This year, the Québec Ombudsman noted a significant increase in the number of complaints about documents lost by the ministry, including those sent by mail. The standard procedure is for a branch of the department to receive and open the mail and then forward it to that department.
MINISTÈRE DE L’IMMIGRATION,
Under these circumstances, the Ministry had to allow candidates facing such difficulties to resubmit their documents so that the processing of their file could be resumed. Please note that since January 26, 2021, candidates must submit their application for permanent selection under the Québec Experience Program (PEQ) through the ARRIMA platform.
DE LA FRANCISATION ET DE L’INTÉGRATION
The department also acted on the Québec Ombudsman's recommendation by correcting similar files submitted to it by the organization. Faced with this fact, and after the Québec Ombudsman intervened, the Department introduced measures to absorb the backlog.
DE LA JUSTICE
Time limits for civil actions in sexual assault cases: follow-up to the Québec Ombudsman's opinion. The Québec Ombudsman believed that all time limits should be abolished in certain specific cases.
MINISTÈRE DES FORÊTS, DE LA FAUNE
After investigating them, wildlife protection officers can forward cases to the Director of Public Prosecutions for prosecution of the offenders. Despite the ministry's position that individuals are responsible for following up on their files, they agreed to send the citizen a written explanation.
MINISTÈRE DES TRANSPORTS
The Québec Ombudsman intervened with the department so that citizens would not be left without a solution. The ministry agreed to allow the citizen to expand or move the access road, provided it did not interfere with public roads.
MINISTÈRE DU TRAVAIL, DE L’EMPLOI ET DE
In April 2018, the Quebec Ombudsman recommended to the Committee on Labor and the Economy (parliamentary committee) that child support payments be excluded from countable income in determining financial assistance benefits of last resort. The Quebec Ombudsman will remain attentive to the introduction of the necessary corrective measures.
RETRAITE QUÉBEC
According to the Québec Ombudsman, Retraite Québec's evaluation should also have taken into account social and The Québec Ombudsman saw that the SHQ remained inactive in situations where there were problems it could address.
SOCIÉTÉ D’HABITATION
The Société d'habitation du Québec has noted the findings of the Québec Ombudsman and particular attention will be paid to its recommendations. The Québec Ombudsman has made recommendations to ensure the program is accessible to its intended recipients.
SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC
The SAAQ agents, who complied, asked them to provide a semi-authentic birth certificate (a certificate issued to someone born outside Québec) and a letter confirming their name change. At the Québec Ombudsman's request, DEC designated a person with whom the SALQ can contact when someone cannot provide the required documents.
CORRECTIONAL SERVICES
Cette section présente les principales conclusions du Protecteur du citoyen concernant les établissements correctionnels des établissements médico-légaux dont la Direction générale des services correctionnels du ministère de la Sécurité publique est responsable. La Commission québécoise des Libérations Paroles est un autre organisme relevant de la compétence du Protecteur du citoyen.
MINISTÈRE DE LA
Effects of quarantine and isolation measures on living conditions / IMPACT OF COVID-19. For those arrested at the beginning of the pandemic, one of the measures implemented to limit the spread of COVID-19 was their quarantine.
SÉCURITÉ PUBLIQUE
Les mesures sanitaires mises en œuvre dans les établissements correctionnels en raison de la COVID-19 ont été élaborées par le ministère de la Sécurité publique en consultation avec la direction de la santé publique du ministère de la Santé et des Services sociaux.
DIRECTION GÉNÉRALE
DES SERVICES CORRECTIONNELS
In the following weeks, the Quebec Ombudsman noted the gradual resumption of court hours in most of the sections in question. The Quebec Ombudsman is aware of the challenges created by the health crisis regarding the relationship between detainees and correctional officers.
HEALTH AND SOCIAL
HEALTH
AND SOCIAL SERVICES
Although requests for assistance involve agencies under the jurisdiction of the Québec Ombudsman, they do not result in investigations. In the event of a complaint, the citizen is then informed of the conclusions of the Québec Ombudsman.
DISABILITIES
Accordingly, the Québec Ombudsman recommended that the CISSS clarify the roles and responsibilities of the rehabilitation center and those of the intermediate resources under the center's supervision, including the residence in question. An investigation by the Québec Ombudsman showed that in terms of the care and service continuum for adults with an autism spectrum disorder (ASD), the implementation of the plan for access to services for people with a disability12 is lagging.
TROUBLED YOUTH
Based on these facts, the Quebec Ombudsman recommended that the young person be reimbursed by the CISSS. Partly because of the CISSS's hesitation in deciding what to do, parents' concerns grew and they complained to the Ombudsman in Québec.
RÉGIE DE L’ASSURANCE MALADIE DU QUÉBEC
On October 28, 2020, the Committee on Public Administration (Parliamentary Committee) heard from RAMQ and the Ministère de la Santé et des Services sociaux (MSSS) on the follow-up to the recommendations in the Québec Ombudsman's report. Dissatisfied with RAMQ's response and delay after delay (which suspended his eligibility and postponed surgery), the man contacted the Québec Ombudsman.
MENTAL HEALTH
At the time of the Québec Ombudsman's investigation, the exits had resumed, in accordance with the department's directives. At the time of writing, the Quebec Ombudsman was awaiting a response from the MSSS.
PHYSICAL HEALTH
At the request of the Ombudsman of Québec, the hospital allowed the patient to be released after she tested negative for COVID-19. It made recommendations to the hospital concerned (Royal Victoria Hospital (MUHC)) and also to the MSSS, which accepted the recommendations of the Ombudsman of Québec.
HOME SUPPORT
The Québec ombudsman was also assured that the social worker would continue to find a stable relief resource that matched the needs of the woman and her spouse. A woman almost 90 years old contacted the Québec ombudsman because the home support services she received due to a stoma had been cut.
SUPPORT FOR
In the context of his investigations, the Québec Ombudsman regularly finds disturbing shortcomings in the quality of health care and health services. These accolades were particularly numerous and valuable as the Québec Ombudsman conducted his investigation into the COVID-19 crisis in residential and long-term care homes (CHSLDs).
ELDERLY AUTONOMY
The Québec Ombudsman's investigation showed that the employee was not equipped to properly care for the resident. So far, the Québec Ombudsman has collected testimonies from several hundred people during the investigation.
SERVICE SUPPORT
However, the changes proposed in the draft regulation were only a partial response to the recommendations of the Ombudsman of Québec. Upon investigation, the Quebec ombudsman discovered that the girl had been misinformed about the registration procedures.
PUBLIC INTEGRITY
This section reports the main findings of the Ombudsman of Québec on the requirements of the law to facilitate the disclosure of wrongdoing in relation to public authorities. The law provides that anyone can disclose a violation involving a public authority to the Québec Ombudsman in complete confidence and without fear of reprisal.
PUBLIC
Therefore, the findings of the Quebec Ombudsman in its Annual Report must be taken in context and understood in light of this extraordinary situation.
INTEGRITY
Under the Act to facilitate the disclosure of wrongdoing in relation to public bodies (the Act), a person can file a report of wrongdoing involving a public body with the Ombudsman of Québec in complete confidence and without fear of retaliation by that body. Nevertheless, the Québec Ombudsman takes into account the applicable legislative framework in cases of violations.
STAGES IN THE QUÉBEC
OMBUDSMAN’S HANDLING OF DISCLOSURES
- RECEPTION OF THE DISCLOSURE
- ANALYSIS OF THE ADMISSIBILITY OF THE DISCLOSURE
- AUDIT FOR ESTABLISHING THE ACCURACY OF THE ALLEGATIONS
- INVESTIGATION
- CONCLUSION
- RECOMMENDATIONS
If the disclosure is sent to the Québec Ombudsman, he or she will determine whether the disclosure falls within its jurisdiction. However, the Québec Ombudsman remained concerned that certification was not obtained despite the regulation.
DISCLOSURES CONCERNING THE MUNICIPAL SPHERE
When he completed his audit, the Quebec Ombudsman found that people in the municipal fire safety department (the assistant director and some deputies) had not received the training required by the Regulation. Finally, due to the ongoing legal proceedings related to the alleged environmental violations, the Québec Ombudsman ceased to examine this component of the disclosure.
A CASE OF GROSS MISMANAGEMENT
MISUSE OF PUBLIC FUNDS OR PROPERTY
Given the foregoing, the Québec ombudsman recommended that the public body take the necessary measures regarding the drivers who committed the violations, so that such acts are not repeated. After the Québec Ombudsman intervened with the public body, an internal audit was carried out to verify the allegation.
SERIOUS BREACH OF THE STANDARDS OF ETHICS AND PROFESSIONAL CONDUCT
LIST OF
RECOMMENDATIONS
FOLLOW- UP TO
THE RECOMMENDATIONS
IN THE QUÉBEC OMBUDSMAN’S 2019-2020 ANNUAL REPORT
PUBLIC SERVICE
IS SATISFIED with the action plan it has received from the Ministry to improve the management of disaster claimant applications and files. It believes that the proposed measures and actions are appropriate to ensure better management of claims, while allowing the Ministry to correct the problems brought to its attention.
CORRECTIONAL SERVICES
Selon le ministère de la Santé et des Affaires sociales, les groupes de pilotage auraient dû l'être. Les personnes privées de liberté continuent de se voir refuser l'accès à la procédure de traitement des plaintes du ministère de la Santé et des Affaires sociales.
HEALTH AND SOCIAL SERVICES NETWORK