M-32.2 - Act respecting the Ministère du Travail

Full text
chapter M-32.2
Act respecting the Ministère du Travail
LABOURJune 20 1996June 20 1996
The Ministère du Travail is designated under the name of Ministère du Travail, de l’Emploi et de la Solidarité sociale. Order in Council 1292-2018 dated 18 October 2018, (2018) 150 G.O. 2 (French), 7385.
CHAPTER I
ORGANIZATION OF THE DEPARTMENT
1. The Ministère du Travail shall be under the direction of the Minister of Labour appointed under the Executive Power Act (chapter E-18).
1996, c. 29, s. 1.
The Minister of Labour is designated under the name of Minister of Labour, Employment and Social Solidarity. The Ministère du Travail is designated under the name of Ministère du Travail, de l’Emploi et de la Solidarité sociale. Order in Council 1292-2018 dated 18 October 2018, (2018) 150 G.O. 2 (French), 7385.
2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of Labour.
1996, c. 29, s. 2.
3. Under the direction of the Minister, the Deputy Minister shall administer the department.
The Deputy Minister shall also perform any other functions assigned to him by the Government or the Minister.
1996, c. 29, s. 3.
4. In the discharge of his functions, the Deputy Minister has the authority of the Minister.
1996, c. 29, s. 4.
5. The Deputy Minister may delegate the performance of his functions under this Act, in writing and so far as he indicates, to a public servant or to the holder of a position.
The Deputy Minister may, in the instrument of delegation, authorize the subdelegation of such functions as he indicates; where applicable, he shall identify the public servant or holder of the position to whom the subdelegation may be made.
1996, c. 29, s. 5.
6. The personnel of the department shall be composed of the public servants necessary for the exercise of the functions of the Minister; they shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).
The Minister shall determine the duties of the public servants of the department so far as they are not determined by law or by the Government.
1996, c. 29, s. 6; 2000, c. 8, s. 242.
7. The signature of the Minister or of the Deputy Minister authenticates any document emanating from the department.
No deed, document or writing binds the Minister or may be attributed to him unless it is signed by him, by the Deputy Minister, by a member of the personnel of the department or by the holder of a position, and in the last two cases, only so far as determined by the Government.
1996, c. 29, s. 7.
8. The Government, on such conditions as it may fix, may permit the signature of the Minister or the Deputy Minister to be affixed by means of an automatic device to such documents as it determines.
The Government may also permit a facsimile of the signature to be engraved, lithographed or printed on such documents as it determines. The facsimile must be authenticated by the countersignature of a person authorized by the Minister.
1996, c. 29, s. 8.
8.1. The Minister may generally or specially delegate, in writing, the exercise of the powers conferred on the Minister under this Act or an Act under the Minister’s administration to a personnel member of the department or to the holder of a position.
2001, c. 26, s. 136.
9. Every document or copy of a document emanating from the department or forming part of its records, if signed or certified true by a person referred to in the second paragraph of section 7, is authentic.
1996, c. 29, s. 9.
CHAPTER II
FUNCTIONS AND POWERS OF THE MINISTER
10. The Minister shall perform his functions in the areas of labour relations, labour standards, the management of conditions of employment, occupational health and safety, as well as the safety of buildings and of equipment and facilities intended for public use.
1996, c. 29, s. 10.
11. The Minister shall devise and propose to the Government policies and measures relating to the areas within his competence, in particular to
(1)  encourage the establishment or maintenance of harmonious relations between employers and employees or the associations representing them;
(2)  adapt labour relations administration and labour standards to changes in the needs of persons, the labour market and the economy;
(3)  facilitate the management of workforce and of conditions of employment;
(4)  promote the evolution of work organization methods on the basis of the needs of persons, the labour market and the economy;
(5)  foster protection of the health, safety and physical integrity of workers;
(6)  promote the quality of the construction of buildings and of the equipment and facilities intended for public use as well as the security of the persons having access to them.
The Minister shall see to the implementation of the policies and measures, supervise their administration and coordinate their execution.
The Minister is also responsible for the administration of the Acts under his authority and he shall perform any other function assigned to him by the Government.
The Minister shall also, in collaboration with the bodies concerned, conduct or commission studies on changes in conditions of employment in Québec and make such studies available every five years.
1996, c. 29, s. 11; 2002, c. 80, s. 85; 2007, c. 3, s. 72.
12. The Minister shall encourage the participation of representatives or spokespersons of the employers and workers in the establishment of policies and measures that concern them in the areas within his competence.
1996, c. 29, s. 12.
12.1. The Minister shall establish a labour and workforce advisory committee under the name “Comité consultatif du travail et de la main-d’oeuvre” to advise the Minister on any question that the Minister submits to it respecting matters within the Minister’s competence. It shall also advise any other minister on any question related to labour or the workforce that the Minister submits to it, at the request of the other minister, respecting matters within the competence of that other minister.
The advisory committee may also study any matter relating to labour or the workforce and, with the Minister’s approval, commission studies and research it judges conducive to or necessary for the achievement of its objects.
2011, c. 16, s. 82.
12.2. The advisory committee shall release the general policy that guides it in advising the Minister in respect of the list of arbitrators referred to in section 77 of the Labour Code (chapter C-27) and advising the Minister under this section. The policy may include criteria for the appraisal of the arbitrators’ qualifications and conduct.
The Minister shall examine complaints about the remuneration and expenses claimed by arbitrators on the list, and about the conduct and qualifications of those arbitrators.
The Minister shall endeavour to resolve complaints to the satisfaction of the complainant and the arbitrator. If a complaint cannot be so resolved, the Minister may ask the advisory committee for its opinion before making a decision on the complaint.
2011, c. 16, s. 82.
12.3. The advisory committee may solicit opinions and suggestions from the public on any matter it is studying or about to study, and may submit recommendations on the matter to the ministers referred to in section 12.1.
2011, c. 16, s. 82.
12.4. The advisory committee may form special committees to study specific questions, gather pertinent information and report to the committee on their findings and recommendations.
A special committee is composed of an equal number of committee members appointed under each of subparagraphs 2 and 3 of the first paragraph of section 12.6.
At the request of the advisory committee, the Minister may appoint persons who are not members of the committee as temporary members of a special committee. These persons are not remunerated; however, they may be compensated for the costs they incur to attend meetings and may receive an attendance allowance and the fees set by the Government.
2011, c. 16, s. 82.
12.5. The members of the advisory committee may not be prosecuted by reason of an act performed in good faith in the exercise of their functions under section 12.2, section 77 of the Labour Code (chapter C-27) or section 216 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).
2011, c. 16, s. 82.
12.6. The advisory committee is composed of the following members, appointed by the Minister:
(1)  a committee chair;
(2)  six persons chosen from among those recommended by the most representative employee associations;
(3)  six persons chosen from among those recommended by the most representative employer associations.
The Deputy Minister of Labour or the Deputy Minister’s delegate is a member of the committee by virtue of office but is not entitled to vote.
2011, c. 16, s. 82.
12.7. The members of the advisory committee, other than the chair and the Deputy Minister of Labour or the Deputy Minister’s delegate, are appointed for three years; the chair is appointed for five years.
2011, c. 16, s. 82.
12.8. The members of the advisory committee remain in office, despite the expiry of their term, until they are replaced or reappointed.
2011, c. 16, s. 82.
12.9. A vacant position on the advisory committee, except that of the Deputy Minister of Labour or the Deputy Minister’s delegate, is filled in the manner prescribed for the appointment of the member to be replaced.
2011, c. 16, s. 82.
12.10. The chair of the advisory committee directs the committee’s activities, prepares meeting agendas, calls and presides at meetings, coordinates and ensures the continuity of the committee’s work, sees to the preparation of files, provides members with information on the matters to be studied and serves as liaison between the committee and the Minister of Labour or any other minister referred to in section 12.1.
The Minister sets the chair’s fees, allowances, salary and, if warranted, additional salary.
2011, c. 16, s. 82.
12.11. The chair of the advisory committee, if absent from a meeting, is replaced on an alternating basis by one of the members appointed under subparagraphs 2 and 3 of the first paragraph of section 12.6, after being designated for this purpose by the other members present.
2011, c. 16, s. 82.
12.12. The members of the advisory committee other than the committee chair and the Deputy Minister of Labour or the Deputy Minister’s delegate are not remunerated. However, they are entitled to a reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Minister.
2011, c. 16, s. 82.
13. For the purposes of the performance of his functions and the administration of the Acts under his authority, the Minister may, in particular,
(1)  at any time, designate a person to promote the establishment or the maintenance of harmonious relations between an employer and his employees or the association representing them. Such person shall report to the Minister;
(2)  carry out or cause to be carried out, and disseminate, such studies, research and analyses as he considers useful, including comparative analyses of the development outside Québec of matters within his competence;
(3)  collect, compile, analyze and disseminate available information on labour relations, labour standards, work organization, the labour market, conditions of employment and any other activity carried on by his department or the bodies under his authority;
(4)  in accordance with law, enter into agreements with any government, department or body.
1996, c. 29, s. 13.
14. The Minister, in the performance of his functions, may inquire, or designate a person to inquire, into any matter within his competence.
1996, c. 29, s. 14.
15. No conciliator, mediator or mediator-arbitrator of the Ministère du Travail and no person designated by the Minister to help parties settle a disagreement may be compelled to disclose or produce, before a court or an arbitrator or before a body or a person exercising judicial or quasi-judicial functions, anything made known to or learned by them, or any document prepared or obtained, in the performance of their functions.
Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person shall have access to such a document.
1996, c. 29, s. 15.
16. The Minister shall table a report of the activities of the Ministère du Travail in the National Assembly for each fiscal year, within six months from the end of that year or, if the Assembly is not sitting, within 30 days of resumption.
1996, c. 29, s. 16.
CHAPTER II.1
TARIFFING
2001, c. 26, s. 137.
16.1. The Government may determine, by regulation, a tariff of administrative fees, professional fees or other charges attached to applications filed with or services provided by the Ministère du Travail relating to the application of this Act or any other Act. The regulation may also
(1)  provide that administrative or professional fees and charges may vary according to the applications or services or according to the categories or subcategories of persons;
(2)  determine the persons and categories or subcategories of persons who are exempt from the payment of administrative or professional fees and charges and the applications or services to which the exemption applies;
(3)  prescribe, for the applications or services it designates, the terms and conditions of payment of the administrative fees, professional fees and charges.
2001, c. 26, s. 137.
CHAPTER III
AMENDING PROVISIONS
ACT RESPECTING THE CONSEIL CONSULTATIF DU TRAVAIL ET DE LA MAIN-D’OEUVRE
17. (Amendment integrated into c. C-55, s. 2).
1996, c. 29, s. 17.
18. (Amendment integrated into c. C-55, s. 2.1).
1996, c. 29, s. 18.
19. (Amendment integrated into c. C-55, s. 4).
1996, c. 29, s. 19.
20. (Amendment integrated into c. C-55, ss. 5, 7).
1996, c. 29, s. 20.
21. (Amendment integrated into c. C-55, s. 8).
1996, c. 29, s. 21.
22. (Amendment integrated into c. C-55, ss. 9, 15, 16).
1996, c. 29, s. 22.
ACT RESPECTING MANPOWER VOCATIONAL TRAINING AND QUALIFICATION
23. (Amendment integrated into c. F-5, s. 1).
1996, c. 29, s. 23.
24. (Amendment integrated into c. F-5, s. 41).
1996, c. 29, s. 24.
25. (Amendment integrated into c. F-5, s. 43).
1996, c. 29, s. 25.
26. (Amendment integrated into c. F-5, s. 45).
1996, c. 29, s. 26.
27. (Amendment integrated into c. F-5, s. 51).
1996, c. 29, s. 27.
28. (Amendment integrated into c. F-5, s. 53).
1996, c. 29, s. 28.
ACT RESPECTING THE MINISTÈRE DE L’EMPLOI
29. (Amendment integrated into c. F-3.1.1.1, title).
1996, c. 29, s. 29.
30. (Omitted).
1996, c. 29, s. 30.
31. (Amendment integrated into c. F-3.1.1.1, Division II, heading).
1996, c. 29, s. 31.
32. (Amendment integrated into c. F-3.1.1.1, s. 13).
1996, c. 29, s. 32.
33. (Amendment integrated into c. F-3.1.1.1, s. 14).
1996, c. 29, s. 33.
34. (Omitted).
1996, c. 29, s. 34.
35. (Omitted).
1996, c. 29, s. 35.
ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE DE DÉVELOPPEMENT DE LA MAIN-D’OEUVRE
36. (Amendment integrated into c. S-22.001, s. 17).
1996, c. 29, s. 36.
37. (Amendment integrated into c. S-22.001, ss. 18, 93, 96).
1996, c. 29, s. 37.
ACT RESPECTING NORTHERN VILLAGES AND THE KATIVIK REGIONAL GOVERNMENT
38. (Amendment integrated into c. V-6.1, s. 379).
1996, c. 29, s. 38.
ACT TO FOSTER THE DEVELOPMENT OF MANPOWER TRAINING
39. (Amendment integrated into c. D-7.1, s. 22).
1996, c. 29, s. 39.
40. (Amendment integrated into c. D-7.1, s. 24).
1996, c. 29, s. 40.
41. (Amendment integrated into c. D-7.1, s. 30).
1996, c. 29, s. 41.
42. (Amendment integrated into c. D-7.1, ss. 39, 41, 65, 67).
1996, c. 29, s. 42.
OTHER LEGISLATION
43. The words “Minister of Employment”, “Deputy Minister of Employment” and “Ministère de l’Emploi” are replaced by the words “Minister of Labour”, “Deputy Minister of Labour” and “Ministère du Travail”, respectively, wherever they appear in the following provisions:
(1)  (amendment integrated into c. A-20.01, s. 6);
(2)  (amendment integrated into c. A-29, ss. 54, 65);
(3)  (amendment integrated into c. B-1.1, s. 298);
(4)  (amendment integrated into c. C-27, ss. 1, 23, 27, 151);
(5)  (amendment integrated into c. C-59, s. 7);
(6)  (amendment integrated into c. D-2, s. 1);
(7)  (amendment integrated into c. D-10, s. 14.1);
(8)  (amendment integrated into c. E-1.1, ss. 4, 17, 18);
(9)  (amendment integrated into c. E-18, s. 4);
(10)  (amendment integrated into c. E-20.1, ss. 7, 66, 69, 70);
(11)  (amendment integrated into c. F-1.1, s. 17.2);
(12)  (amendment integrated into c. I-12.1, s. 2);
(13)  (amendment integrated into c. I-13.01, s. 2);
(14)  (amendment integrated into c. M-3, s. 1);
(15)  (amendment integrated into c. M-4, s. 1);
(16)  (amendment integrated into c. M-6, s. 2);
(17)  (amendment integrated into c. M-34, s. 1);
(18)  (amendment integrated into c. N-1.1, s. 1);
(19)  (amendment integrated into c. R-8.2, ss. 46, 50, 62, 96);
(20)  (amendment integrated into c. R-20, ss. 1, 126.1);
(21)  (amendment integrated into c. S-3, ss. 10, 44);
(22)  (amendment integrated into c. S-40, s. 25);
(23)  (omitted);
(24)  (omitted);
(25)  (omitted);
(26)  (omitted).
1996, c. 29, s. 43.
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
44. Unless the context indicates otherwise, in any Act not referred to in sections 17 to 43 of this Act and in any regulation, order in council, order, proclamation, contract, agreement or other document,
(1)  a reference to the Minister or Deputy Minister of Employment or to the Ministère de l’Emploi is, according to the matter concerned, a reference to the Minister or Deputy Minister of Labour or to the Ministère du Travail, or to the minister designated by the Government under section 13 of the Act respecting certain fonctions relating to manpower and employment (chapter F-3.1.1.1);
(2)  a reference to the Act respecting the Ministère de l’Emploi (chapter M-15.01) is, according to the matter concerned, a reference to the Act respecting the Ministère du Travail (chapter M-32.2), the Act respecting certain functions relating to manpower and employment or to the corresponding provision of either of the said Acts.
1996, c. 29, s. 44.
45. Any regulation or order made under the Act respecting the Ministère de l’Emploi (chapter M-15.01) shall remain in force until replaced or repealed.
1996, c. 29, s. 45.
46. (Omitted).
1996, c. 29, s. 46.
REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 29 of the statutes of 1996, in force on 1 March 1997, is repealed, except paragraphs 23 to 26 of section 43 and section 46, effective from the coming into force of chapter M-32.2 of the Revised Statutes.