R-8.3, r. 2 - Regulation respecting the remuneration of members of a dispute settlement board and disputes arbitrators in the municipal sector

Updated to 23 March 2023

This document has official status.

chapter R-8.3, r. 2

Regulation respecting the remuneration of members of a dispute settlement board and disputes arbitrators in the municipal sector

Act respecting the process of negotiation of collective agreements and the settlement of disputes in the municipal sector

(chapter R-8.3, ss. 34 and 47).

1. This Regulation applies to members of a dispute settlement board and to disputes arbitrators appointed under sections 10 and 45 of the Act respecting the process of negotiation of collective agreements and the settlement of disputes in the municipal sector (chapter R-8.3).

O.C. 692-2017, s. 1.

2. Each member, other than the member acting as chair, of a dispute settlement board or a disputes arbitrator is entitled to fees of $255 for each hour of arbitration hearing. The hourly rate to which the chair of a dispute settlement board is entitled is $282.

Each member of a dispute settlement board or a disputes arbitrator is entitled, for each arbitration hearing, to a minimum of 3 hours of fees at the rates set in the first paragraph.

O.C. 692-2017, s. 2; O.C. 160-2023, s. 1.

2.1. Each member of a dispute settlement board or disputes arbitrator is entitled to fees at the rates set in section 2 for each hour of a preparatory conference held with the parties.

O.C. 160-2023, s. 2.

2.2. Each member of a dispute settlement board is also entitled to a maximum of 1 hour of fees at the rates set in section 2 for the joint planning of each arbitration hearing held.

O.C. 160-2023, s. 2.

3. For the deliberations and the drafting of the decision, each member of a dispute settlement board or a disputes arbitrator is entitled to fees at the rates set in section 2 to a maximum of

(1)  14 hours if no arbitration hearing is held;

(2)  14 hours for 1 arbitration hearing;

(3)  22 hours for 2 arbitration hearings;

(4)  27 hours for 3 arbitration hearings; and

(5)  27 hours for the first 3 hearings and 3 hours for each subsequent hearing where there are 4 arbitration hearings or more.

However, the total number of hours allowed for the drafting of the decision of a dispute settlement board must be allocated among the 3 members of the board, as they specify.

O.C. 692-2017, s. 3.

4. Where disputes arbitration requires prior disposal of issues on elements other than work and remuneration conditions that are the subject of the dispute, the chair of a dispute settlement board or a disputes arbitrator is entitled to an additional maximum number of 25 hours of fees, and the other members of a dispute settlement board are entitled to an additional maximum number of 5 hours of fees, at the rates set in section 2.

O.C. 692-2017, s. 4; O.C. 160-2023, s. 3.

5. For all expenses related to arbitration, namely fees for opening files, telephone calls, correspondence and the drafting and filing of duplicates or copies of the arbitration award, a member of a dispute settlement board or disputes arbitrator is entitled, at the rates set in section 2, to fees determined as follows:

(1)  the chair of a dispute settlement board is entitled to 3 hours of fees;

(2)  the other members of a dispute settlement board are entitled to 1 hour of fees;

(3)  a disputes arbitrator is entitled to 1.5 hours of fees.

O.C. 692-2017, s. 5; O.C. 160-2023, s. 3.

6. The transportation costs and meal and accommodation expenses, and other travel costs of a member of a dispute settlement board or a disputes arbitrator are reimbursed according to the Directive concernant les frais de déplacement des personnes engagées à honoraires par des organismes publics (C.T. 212379, 2013-03-26).

O.C. 692-2017, s. 6; O.C. 160-2023, s. 4.

7. A member of a dispute settlement board or a disputes arbitrator is entitled to a travel allowance when performing duties outside an 80-kilometre radius from the office.

The amount of the allowance corresponds to the amount obtained by multiplying the rate of $144 by the number of hours required for a round trip using the fastest means of transportation.

O.C. 692-2017, s. 7; O.C. 160-2023, s. 5.

8. When a case is fully settled or postponed at the request of a party, each member of a dispute settlement board or a disputes arbitrator is entitled, as an indemnity and at the rates set in section 2, to fees determined as follows:

(1)  1 hour of fees if the settlement or postponement occurs between 45 and 31 days before the date of the arbitration hearing;

(2)  3 hours of fees if the settlement or postponement occurs between 30 and 11 days before the date of the arbitration hearing;

(3)  5 hours of fees if the settlement or postponement occurs 10 or fewer days before the date of the arbitration hearing.

O.C. 692-2017, s. 8; O.C. 160-2023, s. 6.

9. The chair of a dispute settlement board or a disputes arbitrator is entitled to reimbursement of the actual costs incurred in renting a room for an arbitration hearing.

O.C. 692-2017, s. 9.

9.1. The fees provided for in section 2, as well as the travel allowance provided for in section 7, are adjusted on 1 January of each year by a rate corresponding to the annual change in the average all-items Consumer Price Index for Québec without alcoholic beverages, tobacco products, smoker’s supplies and recreational cannabis for the 12-month period ending on 30 September of the year preceding that for which the fees and travel allowance must be adjusted.

Such fees and travel allowance, so adjusted, are decreased to the nearest dollar if they include a dollar fraction under $0.50; they are increased to the nearest dollar if they include a dollar fraction equal to or over $0.50.

The Minister responsible for municipal affairs informs the public of the result of the adjustment made under this section in Part 1 of the Gazette officielle du Québec and by any other means the Minister considers appropriate.

O.C. 160-2023, s. 7.

10. A member of a dispute settlement board or a disputes arbitrator may not claim any fees, expenses, allowances and indemnities other than those set by this Regulation.

O.C. 692-2017, s. 10.

11. The parties assume jointly and equally payment of the fees, expenses, allowances and indemnities of a member of a dispute settlement board or a disputes arbitrator.

O.C. 692-2017, s. 11.

12. A member of a dispute settlement board or a disputes arbitrator must submit a detailed account of fees, making it possible to verify the validity of the fees, expenses, allowances or indemnities claimed per day.

Those accounts are sent to the parties by the disputes arbitrator or the chair of the board in the case of a dispute settlement board.

O.C. 692-2017, s. 12.

13. (Omitted).

O.C. 692-2017, s. 13.

REFERENCES

O.C. 692-2017, 2017 G.O. 2, 2106

O.C. 160-2023, 2023 G.O. 2, 285