Asserting your rights

When a problem situation can’t be resolved simply, or when the user is still not satisfied, the Act Respecting Health Services and Social Services provides a system that enables users to express their point of view  and be heard, listened to, and respected. It’s called the Complaints Examination System , and its aim is to improve the quality of services offered.

When informed of a problematic situation experienced by a user, facility management and those responsible for services must take the necessary corrective action to remedy the situation. The primary objective is to improve the quality of care and services.
Thus, expressing dissatisfaction is an excellent way of improving the quality of care and services. It’s a useful contribution for the user and all users of the facility.

Is it possible that a client’s predicament is the result of a misunderstanding? A simple mistake? Can it be resolved without having to file a complaint? The answer is often yes. The user must first contact the right person in their facility (i.e., the person responsible for care and services) to inform them of the facts, clarify the situation, and ask for an explanation. Communication, exchange, and dialogue with the right person will, in most cases, result in a resolution of the problem. A simple report may suffice. But sometimes one must go beyond reporting.

Any user of the health and social services network, a user’s representative, or the executor or legal representatives of a deceased user.

How a complaint is forwarded to the appropriate authority depends on the nature of the wrongdoing (professional misconduct, failure to respect users’ rights, institutional failure, criminal act, or human rights violation), various legislative measures, and service agreements. The complaint examination system is complex, but complaints are generally received by the facility’s complaints and service quality commissioner. The facility’s users committee can direct users to the appropriate authorities or resources and support them in this process.
In each facility, a service quality and complaints commissioner is appointed to receive and respond to complaints within 45 days. This is a legal requirement. Complaints can be made verbally or in writing, and they are treated in the strictest confidence.

To formulate a complaint, the user can be assisted and accompanied by:

• le comité des usagers de l’établissement;
• le complaints and service quality commissioner.;
• le centre d’assistance et d’accompagnement aux plaintes (CAAP).

If the user is dissatisfied with the response received from the facility and the measures put in place to resolve the situation, they may contact the Protecteur du citoyen du Québec.