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A-3.001, r. 14.01
- Regulation respecting the remuneration of members of the Commission des lésions professionnelles other than commissioners
Table of contents
Act respecting industrial accidents and occupational diseases
Updated to 1 March 2017
This document has official status.
A-3.001, r. 14.01
Regulation respecting the remuneration of members of the Commission des lésions professionnelles other than commissioners
INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES — REMUNERATION — MEMBERS CLP
Act respecting industrial accidents and occupational diseases
(chapter A-3.001, s. 402)
From 1 January 2016, the Administrative Labour Tribunal replaces the Commission des lésions professionnelles (S.Q. 2015, c. 15, s. 255)
Commissioners who become members of the Administrative Labour Tribunal under section 258 receive the same remuneration they were receiving on 31 December 2015; they continue to be so remunerated, despite the coming into force of a regulation respecting remuneration and other conditions of employment, if the remuneration they receive is greater than that prescribed by the regulation, until parity is reached.
Until the coming into force of a regulation under section 61, the remuneration and other conditions of employment of persons who become members of the Administrative Labour Tribunal after it is established are determined by the Government.
The first paragraph does not apply to the additional remuneration received by a commissioner described in section 258 for an administrative office. (S.Q. 2015, c. 15, s. 266)
The employee benefits and other conditions of employment of commissioners, as they existed prior to 1 January 2016, remain applicable to persons who become members of the Administrative Labour Tribunal under section 258 until the coming into force of a regulation respecting remuneration and other conditions of employment. (S.Q. 2015, c. 15, s. 267)
This Regulation applies to members of the Commission des lésions professionnelles other than commissioners.
O.C. 1280-98, s. 1
A member shall receive a fee of $300 per period of sitting of one day of not more than 6 hours, including the time required for the preparation of records, the hearings and the expression of the opinions provided for in section 429.50 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), excluding the time required for travel and meals.
Should a member be, in particular instances, called for a period of sitting of a half-day of not more than 3 hours, he shall receive a fee of $150.
O.C. 1280-98, s. 2
Where the period of sitting is extended, a member shall receive an additional fee of $25 per additional 30-minute period.
O.C. 1280-98, s. 3
Where a period of sitting is cancelled upon an advance notice of 48 hours or less or, if scheduled on a Monday, upon an advance notice of 72 hours or less, a member shall receive two thirds of the fee he would have normally received.
Where the notice is given more than 48 hours in advance or, where a period of sitting is schedules on a Monday, more than 72 hours in advance, a member is entitled to no fee unless he demonstrates that he was unable to resume his usual gainful occupation and that he has suffered a loss of income, in which case he shall receive the fee provided for in the first paragraph.
O.C. 1280-98, s. 4
A member called to sit shall receive a travel allowance where, to that end, he must travel more than 100 km round trip.
The allowance paid is $25 per hour and corresponds to the time required for the trip using the fastest means of transportation considering the circumstances.
An additional allowance not exceeding $200 may be paid to a member, upon authorization by the president of the Commission or the person he designates, where the advance notice for a hearing at which his attendance is required forces him to exceptionally modify his travel schedule.
O.C. 1280-98, s. 5
A member whose attendance at an activity related to the performance of his duties is required by the Commission shall be entitled to the fees and allowances provided for in sections 2 to 5, with the necessary modifications.
O.C. 1280-98, s. 6
Remuneration payable to a member retired from the public sector as defined in Schedule I shall be reduced by an amount equal to half the amount of the retirement pension he receives from the public sector.
O.C. 1280-98, s. 7
A member who has received or receives an allowance or a severance pay from the public sector as defined in Schedule I and who receives remuneration as a member of the Commission during the period covered by such allowance or pay shall reimburse the portion of the allowance or severance pay that covers the period for which he receives remuneration, or he shall cease to receive it during that period.
O.C. 1280-98, s. 8
For the purposes of calculating the reduction in the remuneration paid to a member, the fees and allowances referred to in sections 2 to 5, as well as the retirement pension referred to in section 7 shall be calculated on an hourly basis and each $50-portion of additional allowance paid to a member under the third paragraph of section 5 is deemed to be, for the purposes of the calculation, a fee paid for one hour of work.
The retirement pension on an hourly basis shall be calculated as follows:
yearly retirement pension ÷ 261 working days ÷ 7 hours per working day.
O.C. 1280-98, s. 9
Travel and living expenses of members shall be reimbursed in accordance with the Directive concernant les frais de déplacement des personnes engagées à honoraires par des organsismes publics (C.T. 212379, 2013-03-26).
O.C. 1280-98, s. 10
Any claim for fees, allowances and travel and living expenses shall be made on the form put at the disposal of members by the Commission for that purpose.
O.C. 1280-98, s. 11
O.C. 1280-98, s. 12
ss. 7 and 8
1. The Government, a government department, the Conseil exécutif and the Conseil du trésor.
2. The Lieutenant-Governor’s staff, the National Assembly, the Public Protector, any person designated by the National Assembly to perform duties that come under the National Assembly, where the law provides that its personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1) and any body to which the National Assembly or one of its committees appoints the majority of the members.
3. Any body that is established by an Act, pursuant to an Act or by a decision of the Government, the Conseil du trésor or a minister and that meets one of the following conditions:
all or part of its appropriations for operating purposes appear under that heading in the budgetary estimates tabled in the National Assembly;
its employees are required by law to be appointed in accordance with the Public Service Act;
the Government or a Minister appoints at least half of its members or directors and at least half of its operating costs are borne directly or indirectly by the consolidated revenue fund or by other funds administered by a public body referred to in section 1 or 2 of this Schedule or by both at the same time.
4. The Public Curator.
5. Any body or agency, other than those mentioned in sections 1, 2 or 3 of this Schedule, instituted by an Act, pursuant to an Act, or by a decision of the Government, the Conseil du Trésor or a minister and at least half of whose members or directors are appointed by the Government or a minister.
6. Any joint-stock company, other than a government body mentioned in section 3 of this Schedule, of which more than 50% of the voting shares are part of the public domain or are owned by a government body referred to in sections 1 to 3 and 5 of this Schedule or by an undertaking referred to in this section.
7. Any educational institution at the university level referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1).
8. Any general and vocational college instituted in accordance with the General and Vocational Colleges Act (chapter C-29).
9. Any school board referred to in the Education Act (chapter I-13.3) or the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), and the Conseil scolaire de l’Île de Montréal.
10. Any private institution accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1).
11. Any other educational institution of which more than one-half of the operating expenses are paid out of the appropriations entered in the budgetary estimates tabled in the National Assembly.
12. Any public institution or private institution under agreement and any agency referred to in the Act respecting health services and social services (chapter S-4.2).
13. A regional council established under the Act respecting health services and social services for Cree Native persons (chapter S-5).
14. Any municipality, and any body declared by law to be the mandatary or agent of a municipality, and any body whose board of directors is composed for a majority of members of the municipal council, as well as any body otherwise under municipal authority.
15. Any urban community, intermunicipal board, intermunicipal transit corporation, intermunicipal board of transport, Kativik Regional Government and any other body whose board of directors is composed in the majority of elected municipal officers, except a private body.
O.C. 1280-98, Sch. I
O.C. 1280-98, 1998 G.O. 2, 4220
S.Q. 2005, c. 32, s. 309
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