The draft Regulation respecting access to surgical services under the Act respecting the governance of the health and social services system is an important step toward improving timely access to surgical care in Quebec. The draft text outlines requirements that both public and private health service providers must follow to ensure that patients benefit from a coordinated, transparent, and fair system for surgical services. The proposal reflects the government’s intention to make access more equitable, reduce delays, and bring private institutions and professionals into a more integrated network of service delivery.

At its core, the draft Regulation establishes mandatory compliance for private health service providers when a formal mechanism for access to surgical services has been put in place under the governing legislation. Private providers, such as specialized medical centres and private hospital institutions, will be required to adhere to these mechanisms. They will not be able to selectively accept patients but must instead provide services to any individual who is referred to them by the designated authority responsible for managing specialized or super-specialized services. This requirement represents a shift toward standardizing access rules and eliminating situations where private centres might prioritize patients based on their own criteria. Instead, the referral mechanism ensures that the distribution of patients is guided by system-wide priorities and timeframes determined by Santé Québec.

A second pillar of the Regulation relates to the role of dentists and physicians who provide surgical services. The draft requires these professionals to use any official distribution and referral system that is created for surgical services. This provision directly targets uniformity in how patients are directed toward appropriate care. By obligating all practitioners to use the same system, the Regulation seeks to close gaps and prevent fragmentation in the surgical referral process. The objective is to foster seamless collaboration between providers and ensure that patients move through the system in a more predictable and transparent manner.

Another notable aspect of the Regulation is its emphasis on communication with patients who are waiting for surgery. Santé Québec will be required to keep users informed about the progress of their requests, the level of priority attached to their case, and the average wait times. The use of technological tools is encouraged to provide this information efficiently and consistently. This measure addresses longstanding criticisms regarding a lack of clear communication in surgical wait times.

The Regulation also clarifies its scope by stating that the compliance obligations placed on private providers, dentists, and physicians do not apply to mechanisms or referral systems that were established before the Regulation comes into force. This transitional provision is intended to provide clarity and prevent retroactive application, allowing providers to adapt to the new framework once it becomes effective.

Quebec (Draft) August 20, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.