S-4.2, r. 5.1 - Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions

Section 3 Disposition versions

2021-07-15

3. In this Regulation, unless otherwise indicated by the context:

“administrative reorganization” means an administrative operation resulting from the effect of an Act or of a decision on the part of the Minister or a concerned employer and involving the elimination of one or more positions of officer; this includes, among other things, the amalgamation of employers, the integration of one or more employers with another employer, a grouping of employers, a pooling of supervisory resources or the services of several employers, a grouping of an employer’s administrative units or the closure of an employer; (réorganization administrative)

“career reorientation” means the moving of an officer to a position in a lower evaluation class, at the officer’s request; (réorientation professionnelle)

“continuous service” means the duration of the employment relationship with one or more employers in the public and parapublic sectors, including start-up institutions, as a senior administrator, as a union member, as a unionizable non-member or officer without interruption in the employment relationship for a period of more than 6 months; (service continu)

“demotion” means the moving of an officer to a position in a lower evaluation, following a decision by the employer class; (rétrogradation)

“dismissal” means the termination by an employer of the contractual employment of an officer, at any time and for just and sufficient cause; (congédiement)

“employer” means an agency or a public or private institution covered by section 475 of the Act; (employeur)

“employers’ association” means the Association des centres jeunesse du Québec, Association québécoise d’établissements de santé et de services sociaux, the Association des établissements privés conventionnés - santé et services sociaux, the Association des établissements de la réadaptation en déficience physique du Québec, the Fédération québécoise des centres de réadaptation pour personnes alcooliques et autres toxicomanes, and the Fédération québécoise des centres de réadaptation pour personnes en déficience intellectuelle; (association d’employeurs)

“evaluation class” means a ranking unit of the classification system used for the positions of senior administrators and officers that corresponds to an evaluation point range reflecting the relative value of positions; (classe d’évaluation)

“home base” means the home base determined by the employer according to the following criteria:

(1)  the place where the officer usually carries out his duties;

(2)  the place where the officer regularly receives his instructions;

(3)  the place where the officer reports his activities; (port d’attache)

“intermediate officer” means a person whose position is considered to involve an intermediate level of supervision based on the tasks of the position in the employer’s organization plan, and whose evaluation class is consistent with the classification terms and conditions established by the Minister; (cadre intermédiaire)

“non-renewal of engagement” means the termination by the employer of the contractual employment relationship with the officer at the end of an engagement, but excludes a layoff; (non-rengagement)

“officer” means a person having line, staff or advisory responsibilities related to the planning, organization, direction, coordination and control functions who is appointed to a regular full-time or part-time management position; (cadre)

“officers’ association” means the Association des cadres supérieurs de la santé et des services sociaux, the Association des gestionnaires des établissements de santé et des services sociaux and the APER santé et services sociaux; (association de cadres)

“on reserve” means the situation of an officer who has chosen the reinstatement option following the elimination of his position in accordance with Chapter 5 on employment stability measures; (disponibilité)

“parapublic sector” means all public institutions as defined in section 98 of the Act respecting health services and social services, private institutions covered by section 475 of the Act, agencies referred to in section 339 of the Act, school service centres, school boards and general and vocational public colleges; (secteur parapublic)

“parental leave” means any leave prescribed in Chapter 4.1 on the parental rights plan; (congé parental)

“position” means any leave prescribed in Chapter 4.1 on the parental rights plan; (congé parental)

“position” means a set of tasks provided for in the employer’s organization plan and classified in accordance with the evaluation system for senior administrator or officer positions established by the Minister; a position may be full-time or part-time; (poste)

“probation” means the period during which an employer verifies whether the officer exhibits skill and an ability to adapt in carrying out his duties; (probation)

“promotion” means the transfer of an officer to a position in a higher evaluation class; (promotion)

“public sector” means government departments or public agencies whose staff is governed by the Public Service Act (chapter F-3.1.1); (secteur public)

“reassignment” means the transfer of athen officer, following a decision of the officer’s employer, to a position of union member or unionizable non-member within the institution; (affectation)

“recall list” means a recall list, a reserve list, a list of substitute persons or any other list that serves as such in accordance with the collective agreements in force with the employer; (liste de rappel)

“reinstatement” means the transfer of an officer to whom the employment stability measures apply to another position of senior administrator, officer, union member or unionizable non-member; (replacement)

“retirement plan” means the Government and Public Employees Retirement Plan (RREGOP) instituted pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Teachers Pension Plan (RRE) instituted pursuant to the Act respecting the Teachers Pension Plan (chapter R-11) or the Civil Service Superannuation Plan (RRF) instituted pursuant to the Act respecting the Civil Service Superannuation Plan (chapter R-12) and the Pension Plan of Management Personnel (RRPE) instituted pursuant to the Act respecting the pension plan of management personnel (chapter R-12.1); (regime de retraite)

“salary” means the portion of direct monetary compensation of an officer corresponding to the salary class established for the position, including adjustments to salary classes and salary progression; (salaire)

“senior administrator” means an executive director, an assistant executive director or a senior managerial advisor; (hors-cadre)

“senior officer” means an officer appointed by the board of directors of an employer whose position is considered to involve a higher level of supervision based on the tasks of the position in that employer’s organization plan, and whose evaluation class is consistent with the classification terms and conditions established by the Minister; (cadre supérieur)

“suspension without pay” means a temporary stoppage of the work loads of an officer, of the corresponding salary and of the related indemnities, premiums and allowances, as a result of a decision by the employer, for disciplinary reasons; (suspension sans solde)

“termination of engagement” excludes a layoff and means the severance by the employer, during the course of the engagement, of the contractual employment relationship with a person as an officer, as well as the transfer of a senior officer, without severance of the contractual employment relationship and during the course of the engagement, to a position of intermediate officer, and the transfer of an officer decided by the employer and involving a reduction of the weekly work load; (résiliation d’engagement)

“transfer” means the transfer of an officer to a position in the same evaluation class. (mutation).

O.C. 1218-96, s. 3; T.B. 196312, s. 4; M.O. 2006-018, s. 2; M.O. 2007-007, s. 1; M.O. 2011-019, s. 2; M.O. 2014-009, s. 1; O.C. 816-2021, s. 98.

2014-12-30

3. In this Regulation, unless otherwise indicated by the context:

“administrative reorganization” means an administrative operation resulting from the effect of an Act or of a decision on the part of the Minister or a concerned employer and involving the elimination of one or more positions of officer; this includes, among other things, the amalgamation of employers, the integration of one or more employers with another employer, a grouping of employers, a pooling of supervisory resources or the services of several employers, a grouping of an employer’s administrative units or the closure of an employer; (réorganization administrative)

“career reorientation” means the moving of an officer to a position in a lower evaluation class, at the officer’s request; (réorientation professionnelle)

“continuous service” means the duration of the employment relationship with one or more employers in the public and parapublic sectors, including start-up institutions, as a senior administrator, as a union member, as a unionizable non-member or officer without interruption in the employment relationship for a period of more than 6 months; (service continu)

“demotion” means the moving of an officer to a position in a lower evaluation, following a decision by the employer class; (rétrogradation)

“dismissal” means the termination by an employer of the contractual employment of an officer, at any time and for just and sufficient cause; (congédiement)

“employer” means an agency or a public or private institution covered by section 475 of the Act; (employeur)

“employers’ association” means the Association des centres jeunesse du Québec, Association québécoise d’établissements de santé et de services sociaux, the Association des établissements privés conventionnés - santé et services sociaux, the Association des établissements de la réadaptation en déficience physique du Québec, the Fédération québécoise des centres de réadaptation pour personnes alcooliques et autres toxicomanes, and the Fédération québécoise des centres de réadaptation pour personnes en déficience intellectuelle; (association d’employeurs)

“evaluation class” means a ranking unit of the classification system used for the positions of senior administrators and officers that corresponds to an evaluation point range reflecting the relative value of positions; (classe d’évaluation)

“home base” means the home base determined by the employer according to the following criteria:

(1)  the place where the officer usually carries out his duties;

(2)  the place where the officer regularly receives his instructions;

(3)  the place where the officer reports his activities; (port d’attache)

“intermediate officer” means a person whose position is considered to involve an intermediate level of supervision based on the tasks of the position in the employer’s organization plan, and whose evaluation class is consistent with the classification terms and conditions established by the Minister; (cadre intermédiaire)

“non-renewal of engagement” means the termination by the employer of the contractual employment relationship with the officer at the end of an engagement, but excludes a layoff; (non-rengagement)

“officer” means a person having line, staff or advisory responsibilities related to the planning, organization, direction, coordination and control functions who is appointed to a regular full-time or part-time management position; (cadre)

“officers’ association” means the Association des cadres supérieurs de la santé et des services sociaux, the Association des gestionnaires des établissements de santé et des services sociaux and the APER santé et services sociaux; (association de cadres)

“on reserve” means the situation of an officer who has chosen the reinstatement option following the elimination of his position in accordance with Chapter 5 on employment stability measures; (disponibilité)

“parapublic sector” means all public institutions as defined in section 98 of the Act respecting health services and social services, private institutions covered by section 475 of the Act, agencies referred to in section 339 of the Act, school boards and general and vocational public colleges; (secteur parapublic)

“parental leave” means any leave prescribed in Chapter 4.1 on the parental rights plan; (congé parental)

“position” means a set of tasks provided for in the employer’s organization plan and classified in accordance with the evaluation system for senior administrator or officer positions established by the Minister; a position may be full-time or part-time; (poste)

“probation” means the period during which an employer verifies whether the officer exhibits skill and an ability to adapt in carrying out his duties; (probation)

“promotion” means the transfer of an officer to a position in a higher evaluation class; (promotion)

“public sector” means government departments or public agencies whose staff is governed by the Public Service Act (chapter F-3.1.1); (secteur public)

“reassignment” means the transfer of athen officer, following a decision of the officer’s employer, to a position of union member or unionizable non-member within the institution; (affectation)

“recall list” means a recall list, a reserve list, a list of substitute persons or any other list that serves as such in accordance with the collective agreements in force with the employer; (liste de rappel)

“reinstatement” means the transfer of an officer to whom the employment stability measures apply to another position of senior administrator, officer, union member or unionizable non-member; (replacement)

“retirement plan” means the Government and Public Employees Retirement Plan (RREGOP) instituted pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Teachers Pension Plan (RRE) instituted pursuant to the Act respecting the Teachers Pension Plan (chapter R-11) or the Civil Service Superannuation Plan (RRF) instituted pursuant to the Act respecting the Civil Service Superannuation Plan (chapter R-12) and the Pension Plan of Management Personnel (RRPE) instituted pursuant to the Act respecting the pension plan of management personnel (chapter R-12.1); (regime de retraite)

“salary” means the portion of direct monetary compensation of an officer corresponding to the salary class established for the position, including adjustments to salary classes and salary progression; (salaire)

“senior administrator” means an executive director, an assistant executive director or a senior managerial advisor; (hors-cadre)

“senior officer” means an officer appointed by the board of directors of an employer whose position is considered to involve a higher level of supervision based on the tasks of the position in that employer’s organization plan, and whose evaluation class is consistent with the classification terms and conditions established by the Minister; (cadre supérieur)

“suspension without pay” means a temporary stoppage of the work loads of an officer, of the corresponding salary and of the related indemnities, premiums and allowances, as a result of a decision by the employer, for disciplinary reasons; (suspension sans solde)

“termination of engagement” excludes a layoff and means the severance by the employer, during the course of the engagement, of the contractual employment relationship with a person as an officer, as well as the transfer of a senior officer, without severance of the contractual employment relationship and during the course of the engagement, to a position of intermediate officer, and the transfer of an officer decided by the employer and involving a reduction of the weekly work load; (résiliation d’engagement)

“transfer” means the transfer of an officer to a position in the same evaluation class. (mutation).

O.C. 1218-96, s. 3; T.B. 196312, s. 4; M.O. 2006-018, s. 2; M.O. 2007-007, s. 1; M.O. 2011-019, s. 2; M.O. 2014-009, s. 1.

2012-09-01

3. In this Regulation, unless otherwise indicated by the context:

“administrative reorganization” means an administrative operation resulting from the effect of an Act or of a decision on the part of the Minister or a concerned employer and involving the elimination of one or more positions of officer; this includes, among other things, the amalgamation of employers, the integration of one or more employers with another employer, a grouping of employers, a pooling of supervisory resources or the services of several employers, a grouping of an employer’s administrative units or the closure of an employer; (réorganization administrative)

“career reorientation” means the moving of an officer to a position in a lower evaluation class, at the officer’s request; (réorientation professionnelle)

“continuous service” means the duration of the employment relationship with one or more employers in the public and parapublic sectors, including start-up institutions, as a senior administrator, as a union member, as a unionizable non-member or officer without interruption in the employment relationship for a period of more than 6 months; (service continu)

“demotion” means the moving of an officer to a position in a lower evaluation, following a decision by the employer class; (rétrogradation)

“dismissal” means the termination by an employer of the contractual employment of an officer, at any time and for just and sufficient cause; (congédiement)

“employer” means an agency or a public or private institution covered by section 475 of the Act; (employeur)

“employers’ association” means the Association des centres jeunesse du Québec, Association québécoise d’établissements de santé et de services sociaux, the Association des établissements privés conventionnés - santé et services sociaux, the Association des établissements de la réadaptation en déficience physique du Québec, the Fédération québécoise des centres de réadaptation pour personnes alcooliques et autres toxicomanes, and the Fédération québécoise des centres de réadaptation pour personnes en déficience intellectuelle; (association d’employeurs)

“evaluation class” means a ranking unit of the classification system used for the positions of senior administrators and officers that corresponds to an evaluation point range reflecting the relative value of positions; (classe d’évaluation)

“home base” means the home base determined by the employer according to the following criteria:

(1)  the place where the officer usually carries out his duties;

(2)  the place where the officer regularly receives his instructions;

(3)  the place where the officer reports his activities; (port d’attache)

“intermediate officer” means a person whose position is considered to involve an intermediate level of supervision based on the tasks of the position in the employer’s organization plan, and whose evaluation class is consistent with the classification terms and conditions established by the Minister; (cadre intermédiaire)

“non-renewal of engagement” means the termination by the employer of the contractual employment relationship with the officer at the end of an engagement, but excludes a layoff; (non-rengagement)

“officer” means a person having line, staff or advisory responsibilities related to the planning, organization, direction, coordination and control functions who is appointed to a regular full-time or part-time management position; (cadre)

“officers’ association” means the Association des cadres supérieurs de la santé et des services sociaux, the Association des gestionnaires des établissements de santé et des services sociaux and the APER santé et services sociaux; (association de cadres)

“on reserve” means the situation of an officer who has chosen the reinstatement option following the elimination of his position in accordance with Chapter 5 on employment stability measures; (disponibilité)

“parapublic sector” means all public institutions as defined in section 98 of the Act respecting health services and social services, private institutions covered by section 475 of the Act, agencies referred to in section 339 of the Act, school boards and general and vocational public colleges; (secteur parapublic)

“parental leave” means any leave prescribed in Chapter 4.1 on the parental rights plan; (congé parental)

“position” means a set of tasks provided for in the employer’s organization plan and classified in accordance with the evaluation system for senior administrator or officer positions established by the Minister; a position may be full-time or part-time; (poste)

“probation” means the period during which an employer verifies whether the officer exhibits skill and an ability to adapt in carrying out his duties; (probation)

“promotion” means the transfer of an officer to a position in a higher evaluation class; (promotion)

“public sector” means government departments or public agencies whose staff is governed by the Public Service Act (chapter F-3.1.1); (secteur public)

“recall list” means a recall list, a reserve list, a list of substitute persons or any other list that serves as such in accordance with the collective agreements in force with the employer; (liste de rappel)

“reinstatement” means the transfer of an officer to whom the employment stability measures apply to another position of senior administrator, officer, union member or unionizable non-member; (replacement)

“retirement plan” means the Government and Public Employees Retirement Plan (RREGOP) instituted pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Teachers Pension Plan (RRE) instituted pursuant to the Act respecting the Teachers Pension Plan (chapter R-11) or the Civil Service Superannuation Plan (RRF) instituted pursuant to the Act respecting the Civil Service Superannuation Plan (chapter R-12) and the Pension Plan of Management Personnel (RRPE) instituted pursuant to the Act respecting the pension plan of management personnel (chapter R-12.1); (regime de retraite)

“salary” means the portion of direct monetary compensation of an officer corresponding to the salary class established for the position, including adjustments to salary classes and salary progression; (salaire)

“senior administrator” means an executive director, an assistant executive director or a senior managerial advisor; (hors-cadre)

“senior officer” means an officer appointed by the board of directors of an employer whose position is considered to involve a higher level of supervision based on the tasks of the position in that employer’s organization plan, and whose evaluation class is consistent with the classification terms and conditions established by the Minister; (cadre supérieur)

“suspension without pay” means a temporary stoppage of the work loads of an officer, of the corresponding salary and of the related indemnities, premiums and allowances, as a result of a decision by the employer, for disciplinary reasons; (suspension sans solde)

“termination of engagement” excludes a layoff and means the severance by the employer, during the course of the engagement, of the contractual employment relationship with a person as an officer, as well as the transfer of a senior officer, without severance of the contractual employment relationship and during the course of the engagement, to a position of intermediate officer, and the transfer of an officer decided by the employer and involving a reduction of the weekly work load; (résiliation d’engagement)

“transfer” means the transfer of an officer to a position in the same evaluation class. (mutation).

O.C. 1218-96, s. 3; T.B. 196312, s. 4; M.O. 2006-018, s. 2; M.O. 2007-007, s. 1; M.O. 2011-019, s. 2.