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 2 December 2011

This document has official status.

chapter P-27.1

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

This Act was formerly entitled: “An Act respecting the collective bargaining plan of criminal and penal prosecuting attorneys”. The title of the Act was replaced by section 1 of chapter 31 of the statutes of 2011.

2005, c. 34, s. 76; 2011, c. 31, s. 1.

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Repealed, 2005, c. 34, s. 77.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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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Repealed, 2005, c. 34, s. 77.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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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 (Repealed).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. Except as regards matters listed in section 19.1, 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 conditions for the appointment and the conditions of employment of the attorneys represented by the association. Such an agreement has a four-year term.

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; 2011, c. 31, s. 2.

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 mediator 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 of Labour must designate a mediator. Following an intervention, the mediator must give the parties and the Minister a report. The Minister shall make the report public within 10 days after receiving it.

2004, c. 22, s. 10; 2011, c. 31, s. 3.

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

2004, c. 22, s. 10; 2011, c. 31, s. 4.

12.4. (Repealed).

2004, c. 22, s. 10; 2011, c. 31, s. 5.

12.5. (Repealed).

2004, c. 22, s. 10; 2011, c. 16, s. 153; 2011, c. 31, s. 5.

12.6. (Repealed).

2004, c. 22, s. 10; 2005, c. 34, s. 83; 2011, c. 31, s. 5.

12.7. (Repealed).

2004, c. 22, s. 10; 2011, c. 16, s. 154; 2011, c. 31, s. 5.

12.8. (Repealed).

2004, c. 22, s. 10; 2011, c. 16, s. 154; 2011, c. 31, s. 5.

12.9. (Repealed).

2004, c. 22, s. 10; 2011, c. 16, s. 154; 2011, c. 31, s. 5.

12.10. (Repealed).

2004, c. 22, s. 10; 2011, c. 16, s. 154; 2011, c. 31, s. 5.

12.11. (Repealed).

2004, c. 22, s. 10; 2011, c. 16, s. 154; 2011, c. 31, s. 5.

12.12. (Repealed).

2004, c. 22, s. 10; 2005, c. 34, s. 83; 2011, c. 16, s. 154; 2011, c. 31, s. 5.

12.13. (Repealed).

2004, c. 22, s. 10; 2005, c. 34, s. 83; 2011, c. 16, s. 154; 2011, c. 31, s. 5.

12.14. Where the Director and the association fail to come to an agreement within 270 days following the beginning of the negotiation stage, their disagreement is submitted to an arbitrator.

The Director and the association shall designate an arbitrator from a list jointly drawn up by them before the expiry of the agreement.

2011, c. 31, s. 6.

12.15. The arbitrator must hear the representations made by the Director and the association. The arbitrator’s decision must be transmitted to the parties on the last working day preceding the 181st day following the expiry of the agreement.

2011, c. 31, s. 6.

12.16. The decision rendered by the arbitrator constitutes a recommendation to the Government.

Within 30 days after receiving the recommendation, the Government must approve, amend or reject all or part of the arbitrator’s recommendation. The Government must make public its decision and the reasons on which it is based.

The decision of the Government has the same effect as an agreement signed by the Director and the association.

2011, c. 31, s. 6.

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 strike or a concerted slowdown or reduction of normal work activities.

2002, c. 73, s. 4; 2004, c. 22, s. 12; 2005, c. 34, s. 83; 2011, c. 31, s. 7.

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 or 15, to the exclusion of any other court or tribunal.

2004, c. 22, s. 13; 2011, c. 31, s. 8.

DIVISION III.1 DETERMINATION OF REMUNERATION

2011, c. 31, s. 9.

19.1. A committee on the remuneration of criminal and penal prosecuting attorneys is hereby established.

The function of the committee is to ascertain, every four years, whether the remuneration, group plans, conditions of employment with pecuniary value, conditions of employment that concern industrial accidents and occupational diseases, and work schedules are adequate. Its functions do not include evaluating pension plans or parental rights.

2011, c. 31, s. 9.

19.2. The committee has three members, appointed by the Government for a one-year term.

The association and the Government shall designate, by mutual agreement, the members of the committee including the chair.

Failing agreement on the choice of a chair, the Government shall appoint the chair after consulting the Chief Justice of Québec and the association. Failing agreement on the choice of the other members, the association and the Government shall each appoint one.

Attorneys, persons appointed in accordance with the Public Service Act (chapter F-3.1.1) and judges may not sit on the committee.

2011, c. 31, s. 9.

19.3. The Government proceeds with the appointment of the members of the committee at least 90 days before the expiry of the agreement.

2011, c. 31, s. 9.

19.4. When a member dies, resigns or is otherwise unable to act, the Government shall appoint a substitute member in the manner set out in section 19.2. The term of the substitute member corresponds to the unexpired portion of the term of the original member.

2011, c. 31, s. 9.

19.5. The Government shall determine, by order, the fees to be paid to the members of the committee, and the cases and conditions in which and extent to which the expenses incurred by the members in the exercise of their functions are to be reimbursed.

2011, c. 31, s. 9.

19.6. The chair of the committee shall manage the financial resources of the committee within the scope of the applicable legislation, regulations and rules.

Within such scope, the chair may call upon the support services and professional services considered necessary by the chair to ensure the successful discharge of the committee’s functions. To that end the chair may, in particular, enter into an agreement concerning the temporary assignment of members of the public service to the committee.

Subject to the first paragraph, the committee may give experts the mandate to examine any matter it submits to them.

2011, c. 31, s. 9.

19.7. The chair of the committee has the powers vested in a chief executive officer by the Financial Administration Act (chapter A-6.001) with regard to applications to charge a commitment and applications for payment.

Sections 30 and 31 of that Act do not apply to the committee.

2011, c. 31, s. 9.

19.8. Chapter III, Chapter IV with the exception of section 53, and sections 73 and 74 of the Public Administration Act (chapter A-6.01) apply to the committee.

2011, c. 31, s. 9.

19.9. Each fiscal year of the committee ends on 31 March.

2011, c. 31, s. 9.

19.10. As soon as the committee has been established, the chair of the committee shall submit to the Minister of Justice the committee’s budget estimates for the current fiscal year and the subsequent fiscal year.

The chair of the committee shall also submit supplementary budget estimates to the Minister when, during the fiscal year, the committee’s expenses exceed the budget estimates.

The Minister of Justice shall table the committee’s budget estimates or, if applicable, its supplementary budget estimates in the National Assembly within 10 days of receiving them or, if the Assembly is not sitting, within 10 days of resumption.

2011, c. 31, s. 9.

19.11. The books and accounts of the committee are audited by the Auditor General.

2011, c. 31, s. 9.

19.12. The sums required for the remuneration of members and for any other operating costs are taken out of the Consolidated Revenue Fund.

2011, c. 31, s. 9.

19.13. The committee, within the scope of its functions, receives observations from the association and the Government.

Where it considers it relevant, the committee may invite any person or body to submit observations.

2011, c. 31, s. 9.

19.14. The committee shall consider the following factors:

(1)  the particularities of attorneys’ functions;

(2)  the need to attract advocates possessing the skills and qualifications required for the office of attorney;

(3)  the conditions of employment and the total remuneration per hour of work of attorneys in Québec and elsewhere in Canada, taking differences in the cost of living and collective wealth into account;

(4)  the responsibilities of attorneys in Québec and elsewhere in Canada, their workload, the requirements of employers, salary structures and difficulties in attracting and retaining attorneys;

(5)  the economic situation prevailing in Québec, the general state of the Québec economy and the state of Québec’s public finances;

(6)  the conditions of employment and the remuneration of advocates in Québec’s private sector and those of other employees of the State; and

(7)  any other factor considered relevant by the committee.

2011, c. 31, s. 9.

19.15. The committee shall make a report to the Government containing the recommendations it considers appropriate on the last working day preceding the 181st day following the expiry of the agreement.

The Minister of Justice shall table the report in the National Assembly within 10 days of receiving it or, if the Assembly is not sitting, within 10 days of resumption.

2011, c. 31, s. 9.

19.16. The National Assembly may approve, amend or reject some or all of the committee’s recommendations, by way of a resolution stating the reasons on which it is based. The Government shall take, with diligence, the necessary steps to implement the resolution and, if need be, do so retroactively to the expiry date of the agreement.

If the National Assembly fails to adopt a resolution on or before the 45th day of sitting following the day on which the committee’s report is tabled, the Government must take, with diligence, the necessary steps to implement the recommendations.

The conditions of employment that are the object of the National Assembly resolution or, if there is none, of the committee’s recommendations are deemed to be part of the agreement referred to in section 12.

2011, c. 31, s. 9.

DIVISION IV PENAL PROVISIONS

2004, c. 22, s. 13.

20. (Repealed).

2004, c. 22, s. 13; 2005, c. 34, s. 83; 2011, c. 31, s. 10.

21. (Repealed).

2004, c. 22, s. 13; 2011, c. 31, s. 10.

22. (Repealed).

2004, c. 22, s. 13; 2011, c. 31, s. 10.

23. (Repealed).

2004, c. 22, s. 13; 2011, c. 31, s. 10.

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. (Repealed).

2004, c. 22, s. 13; 2005, c. 34, s. 83; 2011, c. 16, s. 154; 2011, c. 31, s. 10.

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. (Repealed).

2004, c. 22, s. 13; 2011, c. 31, s. 10.

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.