Act to Combat Maltreatment of Seniors and Other Persons of Full Age in Vulnerable Situations

Overview

The Act to Combat Maltreatment of Seniors and Other Persons of Full Age in Vulnerable Situations (CQLR c L-6.3) protects any person who has disclosed cases of maltreatment in an institution to the local service quality and complaints Commissioner. The Act also protects against any reprisal.

What kind of disclosure is protected?

The Act protects any person who, while acting in good faith and on the basis of reasonable belief, has disclosed information regarding maltreatment in an institution of seniors and other persons of full age in vulnerable situations to the service quality and complaints commission.

Under the Act, maltreatment s.2 means a single or repeated act, or a lack of appropriate action, that occurs in a relationship where there is an expectation of trust, and that intentionally or unintentionally causes harm or distress to a person.

Under the Act, an institution  s.2  means an institution within the meaning of the Act respecting health services and social services or the Cree Board of Health and Social Services of James Bay.

Who is eligible for protection?

The Act only protects persons who have disclosed information regarding a maltreatment in an institution to their local service quality and complaints commission.

How are whistleblowers protected?

The Act prohibits any person from taking any kind of reprisal against anyone who has reported maltreatment or cooperated in the examination of a complaint s.11.

Under the Act, a reprisal s.11 includes disciplinary measures, demotion, suspension, transfer, termination of employment or any measures that adversely affect the employment or working conditions of a person.

Transferring a user or resident, breaking their lease, or prohibiting or restricting visits to users or residents is also presumed to be a reprisal.

The Commissioner must take all necessary measures to preserve the confidentiality of any information that would allow a person who has reported maltreatment to be identified s. 10.

How should disclosures be made?

Be careful! Despite presenting some challenges for follow ups, one of the best protections for whistleblowers is their anonymity. Be cautious when providing any information through electronic means, especially emails! Read the security tips section.

In order to make a disclosure to your local service quality and complaints Commissioner, you can file a verbal or written complaint by phone at 1 844 630-5125 or by email at commissariat.plaintes.comtl@ssss.gouv.qc.ca.

For additional information regarding the process following your disclosure, please visit the Service Quality and Complaints Commission Website.