A-2.1, r. 3.2 - Regulation to exempt certain public bodies from the obligation to establish a committee on access to information and the protection of personal information

Updated to 1 June 2023

This document has official status.

chapter A-2.1, r. 3.2

Regulation to exempt certain public bodies from the obligation to establish a committee on access to information and the protection of personal information

Act respecting Access to documents held by public bodies and the Protection of personal information

(chapter A-2.1, s. 155, 1st par., subpar. 4).

1. The Lieutenant-Governor and the National Assembly are exempt from the obligation to establish the committee on access to information and the protection of personal information provided for in section 8.1 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

O.C. 744-2023, s. 1.

2. All public bodies that employed 50 employees or fewer during the preceding calendar year are exempt from the obligation to establish the committee on access to information and the protection of personal information provided for in section 8.1 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

The number of employees in a public body is its average number of employees, determined on the basis of the number of employees on the employer’s paylist for each pay period in a calendar year.

O.C. 744-2023, s. 2.

3. For the purposes of the application of section 2, an employee is any natural person who undertakes to do work for remuneration under the direction or control of an employer, except

(1)  a student who works during the school year in an establishment chosen by an educational institution under a program recognized by the Ministère de l’Éducation, du Loisir et du Sport or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie which combines practical experience with academic training or a student who works in a field related to the student’s field of study in the educational institution the student is attending;

(2)  a student employed for his or her vacation period or employed part-time during the school year;

(3)  a trainee undergoing professional training recognized by law;

(4)  a person who engages in an activity within the framework of an employment-assistance measure or program established under Title I of the Individual and Family Assistance Act (chapter A-13.1.1) and in respect of whom the provisions concerning the minimum wage in the Act respecting labour standards (chapter N-1.1) do not apply;

(5)  a firefighter.

O.C. 744-2023, s. 3.

4. In the case of a public body referred to in sections 1 and 2, the duties entrusted to the committee on access to information and the protection of personal information by the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) are performed by the person in charge of the protection of personal information or, in the case of a municipality, a professional order or a school service centre, by the director general.

O.C. 744-2023, s. 4.

5. (Omitted).

O.C. 744-2023, s. 5.

REFERENCES

O.C. 744-2023, 2023 G.O. 2, 813