M-32.2, r. 1 - Terms and conditions respecting the signing of certain deeds, documents and writings of the ministère du Travail

Full text
chapter M-32.2, r. 1
Terms and conditions respecting the signing of certain deeds, documents and writings of the ministère du Travail
TRAVAIL — SIGNING
Act respecting the Ministère du Travail
(chapter M-32.2, s. 7).
M-32.2
September 1 2012
DIVISION I
GENERAL
1. Subject to other conditions of validity that may be prescribed by law, members of the personnel of the Ministère du Travail who hold the positions listed hereafter are authorized to sign alone and with the same authority as the Minister of Labour the deeds, documents and writings listed after their respective positions.
The same applies when those deeds, documents and writings are signed by a person authorized in writing to perform the duties on an interim or temporary basis or as a temporary replacement.
The Québec sales tax (QST) and the goods and services tax (GST) or, where applicable, the harmonized sales tax (HST) are not taken into account in the amounts provided for in these Terms and conditions.
O.C. 1028-2007, s. 1; O.C. 363-2013, s. 1.
1.1. The Associate Deputy Minister for Labour is authorized to sign all the deeds, documents or writings referred to in these Terms and conditions.
O.C. 272-2015, s. 1.
2. An assistant deputy minister is authorized to sign, for the sector of activity under the assistant deputy minister’s responsibility, except contracts pertaining to the information technologies sector,
(1)  supply contracts; and
(2)  services contracts.
O.C. 1028-2007, s. 2.
3. A director general is authorized to sign, for the administrative entity under the director general’s responsibility, except contracts pertaining to the information technologies sector,
(1)  supply contracts; and
(2)  services contracts.
O.C. 1028-2007, s. 3.
4. The secretary general of the department is authorized to sign, for the administrative entity under the secretary general’s responsibility, except contracts pertaining to the information technologies sector,
(1)  supply contracts; and
(2)  services contracts.
In addition to the authorizations referred to in the first paragraph, the secretary general of the department is authorized to sign,
(1)  for all the department’s activities,
(a)  construction contracts; and
(b)  leases;
(2)  for all the department’s activities in the information technologies sector,
(a)  supply contracts for less than $25,000; and
(b)  services contracts for less than $25,000.
O.C. 1028-2007, s. 4.
5. A director, including the Director of the Direction des communications, is authorized to sign, for the administrative entity under the director’s responsibility, except contracts pertaining to the information technologies sector,
(1)  supply contracts for less than $5,000; and
(2)  services contracts for less than $25,000.
O.C. 1028-2007, s. 5.
6. An assistant to the Deputy Minister, to an assistant deputy minister or to a director general is authorized to sign, for the administrative entity under the superior’s responsibility, except contracts pertaining to the information technologies sector,
(1)  supply contracts for less than $2,500; and
(2)  services contracts for less than $10,000.
O.C. 1028-2007, s. 6.
7. The secretary general of the department is authorized to certify as true any document or copy of a document emanating from the department or forming part of its records.
O.C. 1028-2007, s. 7.
8. The Assistant Deputy Minister responsible for the labour relations sector, the Director of the Bureau d’évaluation médicale, the Assistant Director or the Medical Director of that Bureau and the physician responsible for assignments are authorized to sign
(1)  a writing designating a member of the Bureau d’évaluation médicale under the first paragraph of section 218 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001); and
(2)  a writing notifying the parties to the contestation, the Commission des normes, de l’équité, de la santé et de la sécurité du travail and the health professionals concerned of the name and address of the designated member, in accordance with the third paragraph of section 218 of the Act.
O.C. 1028-2007, s. 8.
9. The Assistant Deputy Minister responsible for the labour relations sector, the director general who performs duties in matters of labour relations, mediation-conciliation, prevention and arbitration and a director under the latter’s responsibility are authorized to sign
(1)  a writing designating a person to promote the establishment or the maintenance of harmonious relations between an employer and the employees or the association representing them under paragraph 1 of section 13 of the Act respecting the Ministère du Travail (chapter M-32.2);
(2)  a writing designating a person to act as an arbitrator under section 47.5 of the Labour Code (chapter C-27);
(3)  a writing designating a person to act as a conciliation officer under section 54 of the Code;
(4)  a writing notifying the parties that the dispute is being referred to arbitration, in accordance with section 75 of the Code;
(5)  a writing designating a person to act as an arbitrator under the first paragraph of section 77 or the first paragraph of section 80 of the Code;
(6)  a writing granting an extension to an arbitrator and a writing extending that time limit, in accordance with section 90 of the Code;
(7)  a writing designating a person to act as an arbitrator or a mediator-arbitrator under the second paragraph of section 98 of the Code;
(8)  a writing designating a person to act as a grievance arbitrator under section 100 of the Code;
(9)  a writing designating a person to act as an arbitrator under section 11.4 of the Act respecting collective agreement decrees (chapter D-2);
(10)  a writing designating a person to act as a mediator under the second paragraph of section 81.20 or section 123.10 of the Act respecting labour standards (chapter N-1.1);
(11)  a writing designating a person to act as a mediator under section 176.15 of the Act respecting municipal territorial organization (chapter O-9);
(12)  a writing designating a person to act as a mediator under the first paragraph of section 46 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2);
(13)  a writing designating a person to act as a mediator-arbitrator under section 62 of that Act;
(14)  a writing designating a person to act as a mediator-arbitrator under section 128 of the Act respecting the consultation of citizens with respect to the territorial reorganization of certain municipalities (2003, chapter 14);
(15)  a writing designating a person to act as a mediator-arbitrator under the second paragraph of section 39 or the second paragraph of section 91 of the Act respecting bargaining units in the social affairs sector (chapter U-0.1);
(16)  a writing designating a person to act as a conciliation officer under section 43 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20); and
(17)  a writing designating a person to act as a conciliation officer under section 12.2 of the Act respecting the collective bargaining plan of criminal and penal prosecuting attorneys (chapter S-35).
O.C. 1028-2007, s. 9.
10. The Assistant Deputy Minister responsible for the labour relations sector is authorized to sign
(1)  any document concerning the appointment of an investigator under section 109.4 of the Labour Code (chapter C-27); and
(2)  a writing designating a person to act as a director under section 79.21 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).
O.C. 1028-2007, s. 10.
11. The Assistant Deputy Minister responsible for the labour relations sector, the director general who performs duties in matters of labour relations, mediation-conciliation, prevention and arbitration and a director under the latter’s responsibility are authorized to sign
(1)  a writing designating a person to act, upon a joint application by the parties, as a mediator under the first paragraph of section 94 of the Labour Code (chapter C-27);
(2)  a writing granting an extension to a mediator, in accordance with the second paragraph of section 94 of the Code;
(3)  a writing notifying the parties that the dispute shall be referred to an arbitrator or a mediator-arbitrator according to the form of arbitration selected in accordance with the first paragraph of section 97 of the Code;
(4)  a writing enabling a copy of the mediator’s report to be forwarded to the arbitrator, in accordance with the third paragraph of section 98 of the Code; and
(5)  a writing notifying the parties of the date on which the Minister of Labour received the notice according to which a report was made public, in accordance with the second paragraph of section 50 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).
O.C. 1028-2007, s. 11.
12. The Assistant Deputy Minister responsible for the labour relations sector, the director general who performs duties in matters of labour relations, mediation-conciliation, prevention and arbitration and a director under the latter’s responsibility are authorized to sign a writing designating a person to act as a mediator under section 99.10 of the Labour Code (chapter C-27).
O.C. 1028-2007, s. 12.
13. The Assistant Deputy Minister responsible for the research and policies sector, the director general who performs duties in the sector of research, policies and collective agreement decrees and the director of the branch responsible for collective agreement decrees are authorized to sign
(1)  a writing requiring any document or information, in accordance with sections 4.1 and 6.1, the first paragraph of section 6.2 and section 23.1 of the Act respecting collective agreement decrees (chapter D-2); and
(2)  a writing notifying the applicant of the Minister of Labour’s intention to declare the application inadmissible and the reasons therefor and giving the applicant an opportunity to present observations and, where appropriate, to produce documents, in accordance with the second paragraph of section 4.2 of that Act.
O.C. 1028-2007, s. 13; O.C. 577-2008, s. 1.
14. The Assistant Deputy Minister responsible for the research and policies sector and the director general who performs duties in the sector of research, policies and collective agreement decrees are authorized to sign
(1)  a writing approving a security in the form of an insurance policy under subparagraph e of the first paragraph of section 22 of the Act respecting collective agreement decrees (chapter D-2);
(2)  a writing giving members of a parity committee the opportunity to present observations in writing, in accordance with the first paragraph of section 26.2 of that Act; and
(3)  a writing designating a person to act as a mediator under section 99 of the Regulation respecting the guarantee plan for new residential buildings (chapter B-1.1, r. 8).
O.C. 1028-2007, s. 14; O.C. 577-2008, s. 2.
DIVISION II
PROVISIONS RELATING TO THE SUPPLY OF SERVICES BY A PUBLIC BODY
15. The Assistant Deputy Minister of the Direction générale des services à la gestion of the Ministère de l’Emploi et de la Solidarité sociale is authorized to sign, in connection with the supply of services to the Ministère du Travail,
(1)  supply contracts;
(2)  services contracts; and
(3)  leases.
O.C. 1028-2007, s. 15.
16. The Assistant Director General of the Direction générale adjointe des ressources budgétaires, financières et matérielles of the Ministère de l’Emploi et de la Solidarité sociale is authorized to sign, in connection with the supply of services to the Ministère du Travail,
(1)  supply contracts;
(2)  services contracts; and
(3)  leases.
O.C. 1028-2007, s. 16.
17. The Director of the Direction de la gestion des espaces et des services auxiliaires of the Ministère de l’Emploi et de la Solidarité sociale is authorized to sign, in connection with the supply of services to the Ministère du Travail, for all the activities pertaining to the physical reorganization of administrative units,
(1)  supply contracts for less than $25,000;
(2)  services contracts for less than $25,000; and
(3)  leases.
O.C. 1028-2007, s. 17.
18. The Director of the Direction des opérations financières et contractuelles of the Ministère de l’Emploi et de la Solidarité sociale is authorized to sign, in connection with the supply of services to the Ministère du Travail,
(1)  supply contracts for less than $25,000; and
(2)  services contracts for less than $25,000.
O.C. 1028-2007, s. 18.
19. The person responsible for the Division des opérations contractuelles of the Service des opérations financières et contractuelles of the Ministère de l’Emploi et de la Solidarité sociale is authorized to sign, in connection with the supply of services to the Ministère du Travail,
(1)  supply contracts for less than $10,000; and
(2)  services contracts for less than $10,000.
O.C. 1028-2007, s. 19.
REFERENCES
O.C. 1028-2007, 2007 G.O. 2, 3500
O.C. 577-2008, 2008 G.O. 2, 2454
O.C. 363-2013, 2013 G.O. 2, 983
O.C. 272-2015, 2015 G.O. 2, 474
S.Q. 2015, c. 15, s. 237