D-2, r. 1 - Decree respecting security guards

Full text
1.01. For the purposes of the Decree, the following expressions mean:
(1)  security agency : a person carrying out or having someone else carry out for others security work provided for in paragraph 20;
(1.1)  security guard or guard : a person who, on behalf of or through a security agency, performs security work mentioned in paragraph 20;
(2)  arm : firearm;
(2.1)  crossing guard : an employee whose duty is to ensure the safety of students at school crossings and intersections;
(2.2)  office of the employer : address of the establishments of the employer as listed in the register of enterprises;
(3)  spouse means either of 2 persons who:
(a)  are married or in a civil union and cohabiting;
(b)  being of opposite sex or the same sex are living together in a de facto union and are the father and mother of the same child;
(c)  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more;
(3.1)  (subparagraph revoked);
(4)  P-1 premium : benefit paid to a guard having received special training to fight fires and who, upon a customer’s or the employer’s request, becomes a member of his fire-fighting team;
(5)  P-2 premium : benefit paid to a guard whose duties include the use of radar, or to an agent who is authorized to issue offence statements related to parking violations or to violations provided for in any other Act or regulation;
(6)  P-3 premium :
(a)  benefit paid to an incident control officer who is assigned to a psychiatric institution or to the psychiatric department of a general institution and who, in the normal and customary performance of his duties, is required to intervene physically with beneficiaries; this premium is also paid to an officer who accompanies a beneficiary when he goes from one place to another;
(b)  benefit paid to a guard who is assigned to a youth custody facility as defined in the Youth Criminal Justice Act (S.C. 2002, c. 1) and who, in the normal and customary performance of his duties, is required to intervene physically with beneficiaries; this premium is also paid to a guard who accompanies a beneficiary when he goes from one place to another;
(c)  benefit paid to a guard whose duties include the care or transportation of adult inmates;
(d)  benefit paid to a guard who is assigned to a health care institution and who, at the request of the customer of the employer, is required to intervene physically with persons in the normal and customary performance of his duties;
(7)  P-4 premium :
(a)  benefit paid to a guard who is asked to perform the task of first-aider or cardiopulmonary resuscitation (CPR) as a condition of employment;
(b)  benefit paid to a guard who is asked to use a heart defibrillator as a condition of employment;
(8)  P-5 premium : premium paid to a guard assigned to the task of road signalman, with the exception of the one governed by the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20);
(9)  P-6 premium : benefit paid to a guard working with an arm;
(10)  P-7 premium : benefit paid to a guard who requires a shelter and who must use his automobile to that effect;
(10.1)  (subparagraph revoked);
(10.2)  (subparagraph revoked);
(10.3)  P-9 premium : benefit paid to a security guard who is not provided with a uniform;
(10.4)  P-10 premium : benefit paid to a guard whose customer or employer requires a certificate from the Joint Sector-Based Construction Association on Occupational Health and Safety;
(11)  (subparagraph revoked);
(12)  
Class A employee : an employee who performs security work, without the intermediary of a higher class;
(12.1)  class A on-call employee : employee who performs security work without the intermediary of a higher class and does not have a fixed work schedule;
(13)  Class B employee : an employee entrusted with the direction or supervision of one or several employees in Class A or Class B;
(14)  regular A-01 employee : an employee who has completed a trial period and performed, taking into consideration the vacations provided for in the Decree and the Act and the absences authorized by the employer, an average of 30 hours of work per week between 1 November and 31 October of each year or, if the employee was hired during the reference year, since the date of hiring. A regular A-01 employee is available to work at all times up to 40 hours of work per week;
(15)  part-time A-02 employee : an employee who has completed a trial period but does not meet any of the conditions to be a regular A-01 employee;
(16)  trial A-03 employee : an employee who has not completed a trial period of 480 hours actually worked or 150 days;
(17)  casual employee A-04 : an employee hired for one of the following purposes:
(a)  to replace an employee during his absence;
(b)  to work during a strike or a lock-out;
(c)  to work during a sports, cultural, economic or social activity for a period not exceeding 4 consecutive weeks.
The shifts performed as a casual employee A-04 do not enter in the computation of the shifts required to obtain the status of regular A-01, part-time A-02 or trial A-03 employee;
(18)  week : a period of 7 consecutive days extending from midnight at the beginning of a given day to midnight at the end of the 7th day; the employer must inform the parity committee in writing, within 15 days, of the day his or her workweek begins. That choice remains in force for the term provided for in section 9.01, but may be modified upon 60 days’ written notice by the employer to the parity committee;
(18.1)  
day : a space of time of 24 hours extending from midnight to midnight;
(19)  continuous service : means an uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of work has been interrupted without cancellation of the contract, and a period during which fixed term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract was not renewed;
(20)  security work : duties related to watching, monitoring, safety or protection, comprising any of the following tasks:
(a)  monitoring, watching or protecting persons, property or premises;
(b)  searching;
(c)  issue, when authorized, violation reports related to parking or other violations provided for in any other Act;
(d)  directing or controlling traffic;
(e)  supervising the employees of an employer’s customer;
(f)  patrolling in a motor vehicle, on a bicycle or on foot;
(g)  preventing shoplifting;
(h)  preventing theft, fire and vandalism;
(i)  ensuring, as a school crossing guard, the safety of children at school crossings or at intersections;
The following tasks may be considered security work when performed as a complement to any of the security tasks mentioned in the first paragraph:
(a)  directing or driving persons to their destinations;
(b)  checking passes;
(c)  giving out information;
(d)  receiving persons;
(e)  collecting and registering found objects.
R.R.Q., 1981, c. D-2, r. 1, s. 1.01; O.C. 441-84, s. 3; Erratum, 1984 G.O. 2, 1695; O.C. 999-84, s. 1; O.C. 16-86, s. 1; O.C. 1162-89, s. 1; O.C. 93-90, s. 1; O.C. 1391-91, s. 1; O.C. 1075-94, s. 1; O.C. 1247-94, s. 1; O.C. 1105-95, s. 1; O.C. 1566-98, s. 1; O.C. 799-2003, s. 2; O.C. 767-2009, s. 2; O.C. 1127-2013, s. 3; 1165-2019O.C. 1165-2019, s. 2.
1.01. For the purposes of the Decree, the following expressions mean:
(1)  “security agency”: a person carrying out or having someone else carry out for others security work provided for in paragraph 20;
(1.1)  “security guard or guard”: a person who, on behalf of or through a security agency, performs security work mentioned in paragraph 20;
(2)  “arm”: firearm;
(2.1)  “crossing guard”: an employee whose duty is to ensure the safety of students at school crossings and intersections;
(2.2)  “office of the employer”: address of the establishments of the employer as listed in the register of enterprises;
(3)  “spouse” means either of 2 persons who:
(a)  are married or in a civil union and cohabiting;
(b)  being of opposite sex or the same sex are living together in a de facto union and are the father and mother of the same child;
(c)  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more;
(3.1)  “regular duty”: assignment of a minimum of 4 consecutive weeks comprising 3 or more shifts and a minimum of 21 working hours per week;
(4)  “P-1 premium”: benefit paid to a guard having received special training to fight fires and who, upon a customer’s or the employer’s request, becomes a member of his fire-fighting team;
(5)  “P-2 premium”: benefit paid to a guard holding a diploma in police techniques and whose customer or employer requires that diploma as a condition for hiring; this premium is also paid to a guard whose duties include the use of radar, or to an agent who is authorized to issue offence statements related to parking violations or to violations provided for in any other Act or regulation;
(6)  “P-3 premium”: (a) benefit paid to an incident control officer who is assigned to a psychiatric institution or to the psychiatric department of a general institution and who, in the normal and customary performance of his duties, is required to intervene physically with beneficiaries; this premium is also paid to an officer who accompanies a beneficiary when he goes from one place to another;
(b)  benefit paid to a guard who is assigned to a youth custody facility as defined in the Youth Criminal Justice Act (S.C. 2002, c. 1) and who, in the normal and customary performance of his duties, is required to intervene physically with beneficiaries; this premium is also paid to a guard who accompanies a beneficiary when he goes from one place to another;
(c)  benefit paid to a guard whose duties include the care or transportation of adult inmates;
(d)  benefit paid to a guard who is assigned to a health care institution and who, at the request of the customer of the employer, is required to intervene physically with persons in the normal and customary performance of his duties;
(7)  “P-4 premium”: (a) benefit paid to a guard holding a certificate to the effect that he took a first aid course of at least 16 hours or a CPR course and whose customer or employer requires that certificate as a condition for hiring;
(b)  benefit paid to a guard who is required to have training to use a heart defibrillator;
(8)  “P-5 premium”: premium paid to a guard assigned to the task of road signalman, with the exception of the one governed by the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20);
(9)  “P-6 premium”: benefit paid to a guard working with an arm;
(10)  “P-7 premium”: benefit paid to a guard who requires a shelter and who must use his automobile to that effect;
(10.1)  (subparagraph revoked);
(10.2)  “P-8 premium”: benefit paid to a guard holding a diploma of college studies in industrial and commercial security and whose customer or employer requires that diploma as a condition for hiring;
(10.3)  “P-9 premium”: benefit paid to a security guard who is not provided with a uniform;
(10.4)  “P-10 premium”: benefit paid to a guard whose customer or employer requires a certificate from the Joint Sector-Based Construction Association on Occupational Health and Safety;
(11)  “shift”: for the purpose of determining the status of an employee, a shift is a maximum period of 12 consecutive hours, without considering the interruptions for meals, during which an employee performs for his employer the services required;
(12)  “Class A employee”: an employee who performs security work, without the intermediary of a higher class;
(12.1)  “class A on-call employee”: employee who performs security work without the intermediary of a higher class and does not have a fixed work schedule;
(13)  “Class B employee”: an employee entrusted with the direction or supervision of one or several employees in Class A or Class B;
(14)  “regular employee A-01”: an employee who has once worked 3 shifts or more and a minimum of 21 hours per week during more than 6 weeks within a 6-month period.
An employee who has acquired the status of a regular employee A-01 and who no longer wants to perform regular work or declares that he is no longer available to perform weekly work becomes a part-time employee A-02;
(15)  “part-time employee A-02”: an employee who has not worked 3 shifts or more and a minimum of 21 hours per week during more than 6 weeks within a 6-month period.
However, when a part-time employee A-02 works on the occasion of one of the holidays provided for in section 6.02, or when he replaces a regular employee A-01 during the annual vacation period, that is from 15 May to 31 August, the shifts carried out during such periods do not enter in the computation of the shifts required to obtain the status of regular employee A-01;
(16)  “trial employee A-03”: an employee who has not completed a trial period of 120 days;
(17)  “casual employee A-04”: an employee hired for one of the following purposes:
(a)  to replace an employee during his absence;
(b)  to work during a strike or a lock-out;
(c)  to work during a sports, cultural, economic or social activity for a period not exceeding 4 consecutive weeks.
The shifts performed as a casual employee A-04 do not enter in the computation of the shifts required to obtain the status of regular A-01, part-time A-02 or trial A-03 employee;
(18)  “week”: a period of 7 consecutive days extending from midnight at the beginning of a given day to midnight at the end of the seventh day; the employer must inform the parity committee in writing, within 15 days, of the day his or her workweek begins. That choice remains in force for the term provided for in section 9.01, but may be modified upon 60 days’ written notice by the employer to the parity committee;
(18.1)  “day”: a space of time of 24 hours extending from midnight to midnight;
(19)  “continuous service”: means an uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of work has been interrupted without cancellation of the contract, and a period during which fixed term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract was not renewed;
(20)  “security work”: duties related to watching, monitoring, safety or protection, comprising any of the following tasks:
(a)  monitoring, watching or protecting persons, property or premises;
(b)  searching;
(c)  issue, when authorized, violation reports related to parking or other violations provided for in any other Act;
(d)  directing or controlling traffic;
(e)  supervising the employees of an employer’s customer;
(f)  patrolling in a motor vehicle, on a bicycle or on foot;
(g)  carrying out monitoring work in order to prevent shoplifting;
(h)  preventing theft, fire and vandalism;
(i)  ensuring, as a school crossing guard, the safety of children at school crossings or at intersections;
The following tasks may be considered security work when performed as a complement to any of the security tasks mentioned in the first paragraph:
(a)  directing or driving persons to their destinations;
(b)  checking passes;
(c)  giving out information;
(d)  receiving persons;
(e)  collecting and registering found objects.
R.R.Q., 1981, c. D-2, r. 1, s. 1.01; O.C. 441-84, s. 3; Erratum, 1984 G.O. 2, 1695; O.C. 999-84, s. 1; O.C. 16-86, s. 1; O.C. 1162-89, s. 1; O.C. 93-90, s. 1; O.C. 1391-91, s. 1; O.C. 1075-94, s. 1; O.C. 1247-94, s. 1; O.C. 1105-95, s. 1; O.C. 1566-98, s. 1; O.C. 799-2003, s. 2; O.C. 767-2009, s. 2; O.C. 1127-2013, s. 3.
1.01. For the purposes of the Decree, the following expressions mean:
(1)  “security agency”: a person carrying out or having someone else carry out for others security work provided for in paragraph 20;
(1.1)  “security guard or guard”: a person who, on behalf of or through a security agency, performs security work mentioned in paragraph 20;
(2)  “arm”: firearm;
(2.1)  “crossing guard”: an employee whose duty is to ensure the safety of students at school crossings and intersections;
(3)  “spouse” means either of 2 persons who:
(a)  are married or in a civil union and cohabiting;
(b)  being of opposite sex or the same sex are living together in a de facto union and are the father and mother of the same child;
(c)  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more;
(3.1)  “regular duty”: assignment of a minimum of 4 consecutive weeks comprising 3 or more shifts and a minimum of 21 working hours per week;
(4)  “P-1 premium”: benefit paid to a guard having received special training to fight fires and who, upon a customer’s or the employer’s request, becomes a member of his fire-fighting team;
(5)  “P-2 premium”: benefit paid to a guard holding a diploma in police techniques and whose customer or employer requires that diploma as a condition for hiring; this premium is also paid to a guard whose duties include the use of radar, or to an agent who is authorized to issue offence notices or offence statements related to parking violations or to violations provided for in any other Act or regulation;
(6)  “P-3 premium”: (a) benefit paid to an incident control officer who is assigned to a psychiatric institution or to the psychiatric department of a general institution and who, in the normal and customary performance of his duties, is required to intervene physically with beneficiaries; this premium is also paid to an officer who accompanies a beneficiary when he goes from one place to another;
(b)  benefit paid to a guard who is assigned to a youth custody facility as defined in the Youth Criminal Justice Act (S.C. 2002, c. 1) and who, in the normal and customary performance of his duties, is required to intervene physically with beneficiaries; this premium is also paid to a guard who accompanies a beneficiary when he goes from one place to another;
(c)  benefit paid to a guard whose duties include the care or transportation of adult inmates;
(7)  “P-4 premium”: (a) benefit paid to a guard holding a certificate to the effect that he took a first aid course of at least 16 hours or a CPR course and whose customer requires that certificate as a condition for hiring;
(b)  benefit paid to a guard who is required to have training to use a heart defibrillator;
(8)  “P-5 premium”: premium paid to a guard assigned to the task of road signalman, with the exception of the one governed by the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20);
(9)  “P-6 premium”: benefit paid to a guard working with an arm;
(10)  “P-7 premium”: benefit paid to a guard who requires a shelter and who must use his automobile to that effect;
(10.1)  “P-8 premium”: benefit paid to a guard requiring a communication device and who provides it at the employer’s request;
(10.2)  “P-9 premium”: benefit paid to a guard holding a diploma of college studies in industrial and commercial security and whose customer or employer requires that diploma as a condition for hiring;
(10.3)  “P-10 premium”: benefit paid to a security guard who is not provided with a uniform;
(11)  “shift”: for the purpose of determining the status of an employee, a shift is a maximum period of 12 consecutive hours, without considering the interruptions for meals, during which an employee performs for his employer the services required;
(12)  “Class A employee”: an employee who performs security work, without the intermediary of a higher class;
(12.1)  “class A on-call employee”: employee who performs security work without the intermediary of a higher class and does not have a fixed work schedule;
(13)  “Class B employee”: an employee entrusted with the direction or supervision of one or several employees in Class A or Class B;
(14)  “regular employee A-01”: an employee who has once worked 3 shifts or more and a minimum of 21 hours per week during more than 6 weeks within a 6-month period.
An employee who has acquired the status of a regular employee A-01 and who no longer wants to perform regular work or declares that he is no longer available to perform weekly work becomes a part-time employee A-02;
(15)  “part-time employee A-02”: an employee who has not worked 3 shifts or more and a minimum of 21 hours per week during more than 6 weeks within a 6-month period.
However, when a part-time employee A-02 works on the occasion of one of the holidays provided for in section 6.02, or when he replaces a regular employee A-01 during the annual vacation period, that is from 15 May to 31 August, the shifts carried out during such periods do not enter in the computation of the shifts required to obtain the status of regular employee A-01;
(16)  “trial employee A-03”: an employee who has not completed a trial period of 120 days;
(17)  “casual employee A-04”: an employee hired for one of the following purposes:
(a)  to replace an employee during his absence;
(b)  to work during a strike or a lock-out;
(c)  to work during a sports, cultural, economic or social activity for a period not exceeding 4 consecutive weeks.
The shifts performed as a casual employee A-04 do not enter in the computation of the shifts required to obtain the status of regular A-01, part-time A-02 or trial A-03 employee;
(18)  “week”: a period of 7 consecutive days extending from midnight at the beginning of a given day to midnight at the end of the seventh day; the employer must inform the parity committee in writing, within 15 days, of the day his or her workweek begins. That choice remains in force for the term provided for in section 9.01, but may be modified upon 60 days’ written notice by the employer to the parity committee;
(18.1)  “day”: a space of time of 24 hours extending from midnight to midnight;
(19)  “continuous service”: means an uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of work has been interrupted without cancellation of the contract, and a period during which fixed term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract was not renewed;
(20)  “security work”: duties related to watching, monitoring, safety or protection, comprising any of the following tasks:
(a)  monitoring, watching or protecting persons, property or premises;
(b)  searching;
(c)  issue, when authorized, violation reports related to parking or other violations provided for in any other Act;
(d)  directing or controlling traffic;
(e)  supervising the employees of an employer’s customer;
(f)  patrolling in a motor vehicle, on a bicycle, on horseback or on foot;
(g)  carrying out monitoring work in order to prevent shoplifting;
(h)  preventing theft, fire and vandalism;
(i)  ensuring, as a school crossing guard, the safety of children at school crossings or at intersections;
The following tasks may be considered security work when performed as a complement to any of the security tasks mentioned in the first paragraph:
(a)  directing or driving persons to their destinations;
(b)  checking passes;
(c)  giving out information;
(d)  receiving persons;
(e)  collecting and registering found objects.
R.R.Q., 1981, c. D-2, r. 1, s. 1.01; O.C. 441-84, s. 3; Erratum, 1984 G.O. 2, 1695; O.C. 999-84, s. 1; O.C. 16-86, s. 1; O.C. 1162-89, s. 1; O.C. 93-90, s. 1; O.C. 1391-91, s. 1; O.C. 1075-94, s. 1; O.C. 1247-94, s. 1; O.C. 1105-95, s. 1; O.C. 1566-98, s. 1; O.C. 799-2003, s. 2; O.C. 767-2009, s. 2.