Legal Updates in the Quebec Healthcare Sector

A recent federal policy update and Quebec legislative changes are changing the healthcare landscape in Quebec, and may impact a variety of businesses operating in this sector.

New Canada Health Act Services Policy

The Canadian federal Minister of Health recently announced in his Letter to provinces and territories on the importance of upholding the Canada Health Act that a new Canada Health Act Services Policy (CHA Policy) will come into effect on April 1, 2026, with provinces and territories required to report patient charges by December 2028.

The CHA Policy aims to ensure patients across Canada will no longer be charged for medically necessary services provided by non-physician healthcare professionals if such services would otherwise be provided without charge if delivered by a physician. This change aims to ensure that medically necessary physician-equivalent services remain insured as provinces and territories expand the scope of practice for certain regulated healthcare professionals, such as pharmacists and nurse practitioners.

New Legislative Changes Applicable to the Practice of Pharmacy in Quebec

The CHA Policy is timely, given in Quebec healthcare professionals practising in the province have recently been granted expanded powers. The Act to amend the Professional Code for the modernization of the professional system and to broaden certain professional practices in the field of health and social services (Professional Code Modernization Act), previously known as Bill 67, aims to modernize the legal framework governing all professionals in Quebec and introduces significant amendments that target certain types of professionals, including pharmacists.

The Professional Code Modernization Act amends the Pharmacy Act to effectively shift the scope of the practice of pharmacy from medication-centric to a more comprehensive, holistic approach to patient health focusing on the prevention and treatment of illness through the proper use and management of medications.

Moreover, the scope of activities reserved to pharmacists has been broadened as it relates to prescribing medications, removing the prescription renewal period limit, expanding pharmacists’ authority to substitute another medication for one that was prescribed and administering medication, such that administration is no longer solely limited to demonstrating proper use of the medication, vaccination purposes or emergency situations.

The Professional Code Modernization Act also repeals the Regulation respecting certain professional activities that may be engaged in by a pharmacist, which determined the terms and conditions under which a pharmacist could engage in professional activities reserved to physicians. The Ordre des pharmaciens du Québec is currently working with the Office des professions du Québec to develop regulations that may enable pharmacists to extend prescriptions without delays, administer medications for therapeutic purposes and substitute medications in more situations.

Changes Applicable to Other Professionals in Quebec

The Professional Code Modernization Act also:

• More broadly permits members of professional orders in Quebec to practise their professions within organizations regardless of their juridical form (e.g., non-profit organizations, limited liability partnerships, etc.), provided given conditions are met
• Enables the issuance of temporary restrictive permits and special permits for specific professional activities
• Empowers certain healthcare professionals to make mental health diagnoses

Conclusion

Given that the Professional Code Modernization Act aims to improve access to primary care and to standardize pharmaceutical services across Quebec’s healthcare facilities, it appears to have been welcomed by healthcare professionals. The changes are recognized as a milestone for healthcare access and the practice of pharmacy in the province, and this reform represents a significant and much-anticipated expansion of the professional autonomy of pharmacists, allowing them to, among other things, prescribe medications more broadly. Businesses operating in the Quebec healthcare sector should take note of these changes and adapt to the changing landscape.

For further information, please contact the authors of this bulletin or any other member of our Life Sciences group.