P-27.1 - Act respecting the process for determining the remuneration of criminal and penal prosecuting attorneys and respecting their collective bargaining plan

Updated to 15 February 2009

This document has official status.

chapter R-8.1.2

Act respecting the collective bargaining plan of criminal and penal prosecuting attorneys

This Act was formerly entitled: “An Act respecting Attorney General’s prosecutors”. The title of the Act was replaced by section 76 of chapter 34 of the statutes of 2005.

2005, c. 34, s. 76.

DIVISION I

Repealed, 2005, c. 34, s. 77.

1993, c. 29, s. 1; 2005, c. 34, s. 77.

1. (Repealed).

1969, c. 20, s. 1; 1993, c. 29, s. 2; 2002, c. 73, s. 1; 2004, c. 22, s. 1; 2005, c. 34, s. 77.

2. (Repealed).

1969, c. 20, s. 2; 1972, c. 13, s. 1; 2005, c. 34, s. 77.

3. (Repealed).

1969, c. 20, s. 3; 1992, c. 61, s. 595; 2005, c. 34, s. 77.

4. (Repealed).

1969, c. 20, s. 4; 1990, c. 4, s. 841; 1992, c. 61, s. 596; 1999, c. 40, s. 311; 1999, c. 61, s. 1; 2005, c. 34, s. 77.

5. (Repealed).

1969, c. 20, s. 5; 1972, c. 13, s. 2; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1993, c. 29, s. 3; 2000, c. 8, s. 242; 2002, c. 73, s. 2.

6. (Repealed).

1972, c. 13, s. 2; 2002, c. 73, s. 3; 2005, c. 34, s. 77.

7. (Repealed).

1969, c. 20, s. 6; 1993, c. 29, s. 5; 2005, c. 34, s. 77.

8. (Repealed).

1969, c. 20, s. 7; 1972, c. 13, s. 3; 1979, c. 32, s. 11; 1993, c. 29, s. 6.

9. (Repealed).

1969, c. 20, s. 8; 1992, c. 61, s. 597; 2005, c. 34, s. 77.

DIVISION II

Repealed, 2005, c. 34, s. 77.

1993, c. 29, s. 7; 2005, c. 34, s. 77.

9.1. (Repealed).

1993, c. 29, s. 7; 2004, c. 22, s. 2; 2005, c. 34, s. 77.

9.2. (Repealed).

1993, c. 29, s. 7; 2004, c. 22, s. 3; 2005, c. 34, s. 77.

9.3. (Repealed).

1993, c. 29, s. 7; 2004, c. 22, s. 4; 2005, c. 34, s. 77.

9.4. (Repealed).

1993, c. 29, s. 7; 2004, c. 22, s. 5; 2005, c. 34, s. 77.

9.5. (Repealed).

1993, c. 29, s. 7; 2005, c. 34, s. 77.

9.6. (Repealed).

1993, c. 29, s. 7; 2005, c. 34, s. 77.

9.7. (Repealed).

1993, c. 29, s. 7; 2004, c. 22, s. 6; 2005, c. 34, s. 77.

9.8. (Repealed).

1993, c. 29, s. 7; 2005, c. 34, s. 77.

9.9. (Repealed).

1993, c. 29, s. 7; 2004, c. 22, s. 7; 2005, c. 34, s. 77.

9.10. (Repealed).

1993, c. 29, s. 7; 2005, c. 34, s. 77.

9.11. (Repealed).

1993, c. 29, s. 7; 2005, c. 34, s. 77.

DIVISION III PROVISIONS RESPECTING THE COLLECTIVE BARGAINING PLAN

2002, c. 73, s. 4; 2005, c. 34, s. 78.

10. The Director of Criminal and Penal Prosecutions shall recognize as the exclusive representative of all criminal and penal prosecuting attorneys appointed under section 25 of the Act respecting the Director of Criminal and Penal Prosecutions (chapter D-9.1.1) for labour relations purposes, an association comprising more than half of those attorneys, except chief attorneys, assistant chief attorneys and attorneys the Director of Criminal and Penal Prosecutions considers appropriate to exclude owing to their confidential functions related to labour relations.

The Director or an association of attorneys may apply to the Commission des relations du travail for a verification of the representativeness of an association. The Commission may, for that purpose, require any information and the production of any document it considers necessary.

On report of the Commission, the Director may revoke the recognition of an association that is no longer representative.

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33; 2002, c. 73, s. 4; 2005, c. 34, s. 79.

10.1. The association may not enter into a service agreement with a union organization or be affiliated with such an organization.

2004, c. 22, s. 8.

11. The association shall not act in bad faith or in an arbitrary or discriminatory manner or show serious negligence in respect of an attorney it represents, whether or not the attorney is a member of the association.

Sections 47.3 to 47.6 and the second paragraph of section 116 of the Labour Code (chapter C-27) apply, with the necessary modifications, in the event of a contravention of the first paragraph.

2002, c. 73, s. 4; 2004, c. 22, s. 9; 2005, c. 34, s. 83.

12. The Director, in the name of the Government and with the authorization of the Conseil du trésor, shall negotiate for the purpose of entering into an agreement with the association regarding the rules, standards and scales applicable to the appointment, remuneration, employment benefits and other conditions of employment of the attorneys represented by the association.

However, no provision of the agreement may limit the powers of the Director or the Director’s representative, or the powers of the Government or the Conseil du trésor with regard to any of the following matters:

(1)  the granting of permanent tenure to an attorney and the determination of the duration of the probationary period upon recruitment;

(2)  the establishment of standards of ethics and discipline;

(3)  the establishment of organization plans and staffing procedures.

2002, c. 73, s. 4; 2005, c. 34, s. 80.

12.1. The negotiation stage begins on the one hundred and eightieth day prior to the expiry of the agreement.

Negotiations must be begun and carried on diligently and in good faith.

2004, c. 22, s. 10.

12.2. At any time during the negotiations, either of the parties may request the Minister of Labour to designate a conciliation officer to assist them in reaching an agreement.

Notice of the request must be given to the other party on the same day.

Upon receiving the request, the Minister must designate a conciliation officer.

2004, c. 22, s. 10.

12.3. The parties are bound to attend any meeting to which they are convened by the conciliation officer.

2004, c. 22, s. 10.

12.4. The right to strike or to declare a lock-out is acquired on the expiry date of the agreement, unless a new agreement has been reached between the parties.

2004, c. 22, s. 10.

12.5. A party may declare a strike or a lock-out if it has acquired the right to strike or to declare a lock-out pursuant to section 12.4 and if an agreement or list determining essential services has been approved by the Conseil des services essentiels established by the Labour Code (chapter C-27).

For that purpose, the party must notify the other party in writing not less than seven clear juridical days prior to the time it intends to resort to a strike or a lock-out. A strike or lock-out notice may not be renewed until after the day indicated in the previous notice as the time the party intended to resort to a strike or a lock-out.

2004, c. 22, s. 10.

12.6. In the event of a strike or a lock-out, the parties must maintain the following essential services in the interest of justice:

(1)  introducing or continuing proceedings involving a person in custody, before a court of Québec, including a joint trial where one of the accused is not in custody;

(2)  examining and deciding whether or not to proceed on penal complaints to be prescribed within one month;

(3)  continuing proceedings before the criminal court when the jury has been selected; and

(4)  presenting requests for a postponement.

After consulting with the association, the chief attorneys and the assistant chief attorneys shall designate 50 attorneys daily, making an effort to alternate among the attorneys, and assign them to the provision of the services required under subparagraphs 1 to 4.

2004, c. 22, s. 10; 2005, c. 34, s. 83.

12.7. The parties must make an agreement on essential services that is consistent with the requirements of section 12.6 and submit it to the Conseil des services essentiels for approval. If no agreement is reached, the party that wants to declare a strike or a lock-out must submit a list of essential services to the council for approval.

2004, c. 22, s. 10.

12.8. Upon receiving an agreement or a list, the council shall determine whether or not the essential services provided for in the agreement or the list are sufficient in relation to the requirements of section 12.6. The council may make any recommendations it deems appropriate to the parties with a view to amending the agreement or the list, or it may approve it with amendments.

Even if an agreement or a list submitted for approval is consistent with the requirements of section 12.6, the council may increase or modify the services provided for in the agreement or the list if it considers that the circumstances warrant it.

The parties are bound to attend any meeting to which they are convened by the council.

2004, c. 22, s. 10.

12.9. An agreement or a list approved by the council may not be modified without its approval.

2004, c. 22, s. 10.

12.10. The employer and the association must comply with the provisions of an agreement or a list approved by the council.

2004, c. 22, s. 10.

12.11. The Conseil des services essentiels, on its own initiative or at the request of an interested person, may inquire into a lock-out, a strike, a slowdown or any other concerted action that is contrary to law or during which the essential services provided for in an agreement or a list are not provided.

The council may also attempt to bring the parties to an agreement, or designate a person to do so and report on the situation.

Sections 111.17 to 111.20 of the Labour Code (chapter C-27) apply, with the necessary modifications, to situations referred to in the first paragraph.

2004, c. 22, s. 10.

12.12. For the duration of a strike or a lock-out declared in accordance with this Act, the employer is prohibited from

(a)  utilizing the services of a person, hired between the beginning of the negotiation stage and the end of the strike or lock-out, to discharge the duties of an attorney represented by the association;

(b)  utilizing the services of an attorney represented by the association, except to the extent provided for in an agreement or a list approved by the Conseil des services essentiels.

2004, c. 22, s. 10; 2005, c. 34, s. 83.

12.13. If an agreement or a list determining essential services approved by the council is violated by the association or the attorneys it represents, the employer is exempt from the application of section 12.12 to the extent necessary to ensure compliance with the agreement or the list.

2004, c. 22, s. 10; 2005, c. 34, s. 83.

13. The agreement on the conditions of employment of attorneys may contain any provision that is not contrary to public policy, not prohibited by law and not inconsistent with the provisions of this Act.

2002, c. 73, s. 4; 2004, c. 22, s. 11; 2005, c. 34, s. 83.

14. The agreement is binding on all the attorneys represented by the association.

2002, c. 73, s. 4; 2005, c. 34, s. 83.

15. The employer shall, according to the terms of the agreement, withhold from the salary of every attorney represented by the association, and remit to the association, an assessment in the amount specified by the association.

2002, c. 73, s. 4; 2005, c. 34, s. 83.

16. Any disagreement as to the interpretation or application of the agreement shall be submitted by the employer or the association to the Commission de la fonction publique in accordance with the provisions of the agreement.

Sections 116 to 119 and 123 of the Public Service Act (chapter F-3.1.1) apply to the matters submitted to the Commission under this section.

The Commission may, in disciplinary matters, confirm, amend or set aside the decision of the employer and, if appropriate, substitute therefor the decision it deems fair and reasonable, in view of all circumstances.

2002, c. 73, s. 4.

17. All attorneys must perform their duties and functions without resorting to a concerted slowdown or reduction of normal work activities.

2002, c. 73, s. 4; 2004, c. 22, s. 12; 2005, c. 34, s. 83.

18. The Government may, by an order made on the recommendation of the Director, determine the rules, standards and scales applicable to the appointment, remuneration, employment benefits and other conditions of employment of attorneys excluded under section 10 from representation by the association.

2002, c. 73, s. 4; 2005, c. 34, s. 81.

19. The Commission des relations du travail shall hear and dispose of any complaint based on section 11, 12.1, 12.3, 12.12, 12.13 or 15 other than a penal complaint, to the exclusion of any other court or tribunal.

2004, c. 22, s. 13.

DIVISION IV PENAL PROVISIONS

2004, c. 22, s. 13.

20. Any person declaring, carrying on or taking part in a strike contrary to the provisions of this Act is guilty of an offence and is liable, for each day or part of a day during which the strike continues, to a fine of $50 to $125 in the case of an attorney, $1,000 to $10,000 in the case of a director or officer of the association, and $5,000 to $50,000 in the case of the association.

2004, c. 22, s. 13; 2005, c. 34, s. 83.

21. If the employer declares or carries on a lock-out contrary to the provisions of this Act, it is guilty of an offence and is liable, for each day or part of a day during which the lock-out continues, to a fine of $5,000 to $50,000.

2004, c. 22, s. 13.

22. Any person contravening section 12.10 is guilty of an offence and is liable to a fine of $1,000 to $10,000 for each day or part of a day during which the offence continues.

2004, c. 22, s. 13.

23. If the employer contravenes section 12.12, it is guilty of an offence and is liable to a fine of $1,000 to $5,000 for each day or part of a day during which the offence continues.

2004, c. 22, s. 13.

24. Any person contravening section 17 is guilty of an offence and is liable to a fine of $50 to $125 for each day or part of a day during which the offence continues.

2004, c. 22, s. 13.

25. Any person impeding the action of the Conseil des services essentiels or a person appointed by it or any person misleading them by concealment or misrepresentation is guilty of an offence and is liable to a fine of $50 to $125 in the case of an attorney, $1,000 to $10,000 in the case of a director or officer of the association, and $5,000 to $50,000 in the case of the association or the employer.

2004, c. 22, s. 13; 2005, c. 34, s. 83.

26. Any person aiding or abetting the commission of an offence is party to the offence and is liable to the same penalty as that prescribed for the offender, and, where the offence is committed by the association, any director or officer who in any manner approves the act constituting the offence or acquiesces to the commission of the offence is guilty of the offence.

2004, c. 22, s. 13.

27. If two or more persons conspire to commit an offence, each of them is guilty of each offence committed by any of them in carrying out the conspiracy.

2004, c. 22, s. 13.

28. Only the association, on a resolution of its board and in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), may institute penal proceedings for an offence under a provision of this Act committed by the employer.

2004, c. 22, s. 13.

SCHEDULE

(Repealed).

1969, c. 20, Schedule; 1972, c. 13, s. 4; 1977, c. 5, s. 14; 1999, c. 40, s. 311; 2005, c. 34, s. 82.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter S-35 of the Revised Statutes, in force on 1 August 2008, is repealed effective from the coming into force of chapter R-8.1.2 of the Revised Statutes.