Arbitration Program within the national agreement between the Minister of Health and Social Services and the ARIHQ
Introduction
Arbitration Program (Civil) within the national agreement between the Minister of Health and Social Services and the Association des Ressources Intermédiaires d’Hébergement du Québec ("ARIHQ") as a representative body for intermediate resources for adults, (the “National Agreement”)
The goal of the National Agreement is, among other things, to establish and maintain an orderly relationship between the parties, the Institutions and the resources concerned; to lay down the provisions agreed upon under the Act Respecting Health Services and Social Services ("LSSSS") and it establishes the adequate mechanisms for the resolution of the difficulties that may arise.
The National Agreement provides for a civil arbitration procedure, to the exclusion of the courts.
Any disagreement is therefore is submitted to arbitration by the Association, within sixty (60) days of the decision rendered by the Institution through its disagreement procedure, or within sixty (60) days of the moment when such decision should have been rendered.
The arbitration normally takes place before one (1) sole arbitrator who must be a lawyer chosen by the Institution or the Minister as the case may be, and by the Association, from the list (Annex II to the National Agreement)
The (commercial) civil arbitrators from the Center who are listed (Annex II) are:
- Me Michel A. Jeanniot
- Me Jean Philippe Ewart
- Me Guy Sarault
- The Honorable Yves Fournier
However, if a disagreement is of national interest and with the consent of the Minister and the Association, the arbitration must be done before a disagreement resolution council comprised of one (1) arbitrator (from the list provided at Annex II) and two (2) representative designated by the parties.
For more information on rates, please visit the tariff section of our website.
For all other questions, we invite you to consult the current National Agreement or follow this link: https://www.arihq.com/wp-content/uploads/2018/06/Entente-nationale-signee.pdf
Arbitration rates within the framework of the National Agreement between the Minister of Health and Social Services and the Association des Ressources Intermédiaires d’Hébergement du Québec (ARIHQ)
Hourly rate for pre-hearing conference (commercial arbitration), hearing, advisement and drafting of the award(s): $ 335.
Minimum remuneration for a day or part of a day of hearing:
- 4 hours at stated hourly if a half day hearing is scheduled;
- 7 hours at the stated hourly rate if a full day is scheduled;
- 4 hours at the stated hourly rate if the hearing is scheduled in the evening.
Initial administration fees: $ 450 in all files.
Indemnity in the event of withdrawal, full settlement or postponement before the date of a scheduled hearing:
- No fees if more than 90 days before the date of the hearing;
- 1 hour per day of scheduled hearing at the stated hourly rate plus any inherent costs from 61 to 90 days prior to the hearing date;
- 2 hours per day of scheduled hearing at the stated hourly rate plus any inherent costs 31 to 60 days prior to the hearing date;
- 4 hours per day of scheduled hearing at the stated hourly rate plus any inherent costs 11 to 30 days prior to the hearing date;
- 6 hours per day of scheduled hearing at the stated hourly rate plus any inherent costs if 10 days or less before the date of the hearing.
Travel allowance: $ 100 per hour if traveling outside an 80 km office radius of the offices and/or outside normal working hours.
Meals, accommodation, and travel expenses: actual costs (pre-approved) & car allowance at: $ 0.70 / km.