M-32.2 - Act respecting the Ministère du Travail

Updated to 8 June 2007

This document has official status.

chapter M-32.2

Act respecting the Ministère du Travail

The Ministère du Travail is designated under the name of Ministère du Travail, de l’Emploi et de la Solidarité sociale. Order in Council 32-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1257.

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.

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.

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.