(Quebec) Only Quebec could have modified Public Health Act (PSL) Instead of proposing a separate bill, Barreau du Québec decides to book the legislative speech proposed by the Minister of Health to establish a “clear transformation framework” for the resolution of health emergencies.
Released at 1:47 p.m.
The Bar Council issues a series of concerns about Bill 28 with the aim of ending the health emergency that has been in effect since March 13, 2020. Minister of Health and Social Services Christian Dube, President of Quebec Mr. .And Catherine Claveau argues that the government can rely on an amendment in the LSP to achieve its objectives.
“Barreau du Québec understands the government’s intention to proceed with the legal amendment. However, we still consider that the LSP should be amended to provide permanent rules for health emergencies and the return to normalcy,” he wrote in a letter dated March 18.
Amendments to the LSP may have made it possible to grant the existence of certain residual powers, such as wearing a mask.
Therefore, there is no need to introduce this bill. These amendments to the LSP would have made it possible to ensure a definite legal forecast for evolution over time over the declaration of a health emergency, particularly by providing a clear transformation framework.
Barreau du Québec, in a letter to Minister Dubé
Quebec retains powers until December 2022, when “three, four” will remain in effect once the emergency is lifted. Said Minister Dube on Thursday. “We’re going to divide the rest of the mandate into three categories: education, activities – namely vaccines and contracts – and […] One of the telemedicine and bonuses, ”he said under criticism.
Opposition groups called the bill a “hoax”, “empty test” and “carrot”. Mr. Dubai has promised to implement the “house” orders by March 25. This is a recommendation made by Barreau in his document.
Liability and contracts
Barreau du Québec regrets that Bill 28 provided no liability for the period provided for the change. Under the LSP, the government must present an “event report” describing the “implemented intervention measures and powers exercised”. Quebec has promised to do so by the end of the parliamentary session in June.
However, nothing is planned for the bill to be passed and until December 2022. Barrow suggests that the legislature should modify the text to provide an accountability mechanism. In addition, according to the bar, Quebec should better justify the five-year period that the government has to extend some contracts concluded by mutual agreement during a health emergency.
“The exceptional measures adopted under the LSP were accepted when the emergency situation prevailed and the supply, transportation and storage of materials needed for the fight against the COVID-19 epidemic could not be guaranteed using conventional rules. The case was long over two years after the outbreak,” Barr wrote.
Also, if the government wants to renew a contract, nothing will stop it from awarding a contract under the contract Contract law of public bodies.
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