r-8.2 - Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors

Updated to 1 January 2016

This document has official status.

chapter R-8.2

Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors

CHAPTER I SCOPE

1. This Act applies to the negotiation and making of a collective agreement within the meaning of the Labour Code (chapter C‐27) between an association of employees within the meaning of the said Code and a school board, a college and an institution. It also applies to the government agencies listed in Schedule C to the extent provided for in Chapter IV and to the public service to the extent provided for in Chapter V.

A school board includes a school board within the meaning of the Education Act (chapter I‐13.3) or, subject to section 35, within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I‐14) and any other similar body designated by the Government for the application of this Act.

A college means a college within the meaning of the General and Vocational Colleges Act (chapter C‐29).

An institution includes an agency, a public institution within the meaning of the Act respecting health services and social services (chapter S‐4.2), a private institution under agreement within the meaning of the said Act, except a private institution referred to in the second paragraph of section 551 thereof, and every body which provides services to an institution or to users in accordance with the said Act and declared by the Government to be classified, for the application of this Act, as an institution within the meaning of that Act.

An institution also includes a health and social services council, a public institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S‐5) and a private institution under agreement within the meaning of that Act.

1985, c. 12, s. 1; 1988, c. 84, s. 667; 1992, c. 21, s. 289, s. 375; 1994, c. 23, s. 23; 2001, c. 24, s. 110; 2005, c. 32, s. 308.

CHAPTER II

Repealed, 1998, c. 44, s. 51.

1998, c. 44, s. 51.

2. (Repealed).

1985, c. 12, s. 2; 1998, c. 44, s. 51.

3. (Repealed).

1985, c. 12, s. 3; 1998, c. 44, s. 51.

4. (Repealed).

1985, c. 12, s. 4; 1998, c. 44, s. 51.

5. (Repealed).

1985, c. 12, s. 5; 1992, c. 21, s. 375; 1998, c. 44, s. 51.

6. (Repealed).

1985, c. 12, s. 6; 1992, c. 21, s. 375; 1998, c. 44, s. 51.

7. (Repealed).

1985, c. 12, s. 7; 1998, c. 44, s. 51.

8. (Repealed).

1985, c. 12, s. 8; 1998, c. 44, s. 51.

9. (Repealed).

1985, c. 12, s. 9; 1998, c. 44, s. 51.

10. (Repealed).

1985, c. 12, s. 10; 1998, c. 44, s. 51.

11. (Repealed).

1985, c. 12, s. 11; 1998, c. 44, s. 51.

12. (Repealed).

1985, c. 12, s. 12; 1998, c. 44, s. 51.

13. (Repealed).

1985, c. 12, s. 13; 1998, c. 44, s. 51.

14. (Repealed).

1985, c. 12, s. 14; 1998, c. 44, s. 51.

15. (Repealed).

1985, c. 12, s. 15; 1998, c. 44, s. 51.

16. (Repealed).

1985, c. 12, s. 16; 1998, c. 44, s. 51.

17. (Repealed).

1985, c. 12, s. 17; 1998, c. 44, s. 51.

18. (Repealed).

1985, c. 12, s. 18; 1998, c. 44, s. 51.

19. (Repealed).

1985, c. 12, s. 19; 1992, c. 21, s. 375; 1998, c. 44, s. 51.

20. (Repealed).

1985, c. 12, s. 20; 1998, c. 44, s. 51.

21. (Repealed).

1985, c. 12, s. 21; 1998, c. 44, s. 51.

22. (Repealed).

1985, c. 12, s. 22; 1998, c. 44, s. 51.

23. (Repealed).

1985, c. 12, s. 23; 1998, c. 44, s. 51.

24. (Repealed).

1985, c. 12, s. 24; 1998, c. 44, s. 51.

CHAPTER III COLLECTIVE AGREEMENTS OF THE EDUCATION AND SOCIAL AFFAIRS SECTORS

DIVISION I GENERAL PROVISION

25. The clauses of a collective agreement binding between an association of employees and a school board, a college or an institution shall be negotiated and agreed by unions and management at the national level or at the local or regional level in accordance with the provisions of this chapter.

1985, c. 12, s. 25; 1992, c. 21, s. 375.

DIVISION II ORGANIZATION OF THE PARTIES

§ 1 . — The unions

26. Every association of employees that belongs to a group of associations of employees shall negotiate and agree the clauses contemplated in section 44 through a bargaining agent appointed by that group.

A group of associations of employees includes a union, federation, confederation, legal person, labour body or other organization which an association of employees representing persons employed by a school board, a college or an institution joins, or to which it belongs or is affiliated.

1985, c. 12, s. 26; 1992, c. 21, s. 375; 1999, c. 40, s. 248.

27. Every association of employees that does not belong to a group of associations of employees shall negotiate and agree the clauses contemplated in section 44 as well as those contemplated in sections 57 and 58 that are applicable to the employees that it represents, through a bargaining agent appointed by that association.

1985, c. 12, s. 27.

28. The clauses negotiated and agreed by a group of associations of employees are binding on every new association of employees that affiliates to that group while the clauses contemplated in section 44 are in effect.

1985, c. 12, s. 28.

29. For the purposes of the negotiation of a collective agreement binding between an association of employees and a school board or a college, the following classes of personnel shall form separate groups:

(1)  the teachers employed by the school boards or, as the case may be, by the colleges;

(2)  the non-teaching professional staff;

(3)  the support staff.

1985, c. 12, s. 29.

§ 2 . — Management

1.  — The education sector

30. In the education sector, the following committees are established:

(1)  a management negotiating committee for French language school boards;

(2)  a management negotiating committee for English language school boards;

(3)  a management negotiating committee for the colleges.

1985, c. 12, s. 30; 1988, c. 84, s. 668; 1997, c. 47, s. 66.

31. The committees established under paragraphs 1 and 2 of section 30 are composed of persons appointed by the Minister of Education, Recreation and Sports and the committee established under paragraph 3 of that section is composed of persons appointed by the Minister of Higher Education, Research, Science and Technology. The committees also include persons appointed, as the case may be, by the group of school boards referred to in paragraph 1 of section 30, the group of school boards referred to in paragraph 2 of that section or the group of colleges.

A group of school boards or a group of colleges is an association, federation or other organization to which the majority of the school boards referred to in paragraph 1 of section 30, of the school boards referred to in paragraph 2 of that section or of the colleges belong and which is considered to be representative of such school boards by the Minister of Education, Recreation and Sports or of such colleges by the Minister of Higher Education, Research, Science and Technology, if it is not already recognized as such by law.

1985, c. 12, s. 31; 1988, c. 41, s. 88; 1993, c. 51, s. 46; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 180.

32. The members shall designate, in each committee, a chairman and a vice-chairman, one of whom shall be chosen from among the members appointed by the group and the other from among the members appointed by the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology.

The members shall agree in writing on the mode of operation of the committee and on the determination of the matters in respect of which the representatives of the group or the representatives of the Minister have a casting vote at deliberations of the committee.

Similarly, they shall agree on the mode of financing of the committee, the term of office of the members and, where such is the case, their remuneration and that of the agents of the committee.

The signature of the chairman of the Conseil du trésor shall confirm the commitment of the Government with respect to an agreement under this section.

1985, c. 12, s. 32; 2013, c. 28, s. 181.

33. The committees shall be responsible, under the authority delegated by the Government to the Minister of Education, Recreation and Sports or to the Minister of Higher Education, Research, Science and Technology, as the case may be, for the negotiation and agreement of the clauses contemplated in section 44. For that purpose, they shall prepare draft bargaining proposals, require bargaining mandates from the Conseil du trésor and, within the scope of the mandates determined by the latter, organize, direct and co-ordinate the negotiations carried on by the management party with the groups of associations of employees or, as the case may be, with the associations of employees.

1985, c. 12, s. 33; 1988, c. 41, s. 88; 1993, c. 51, s. 47; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 182.

34. The clauses negotiated and agreed by a committee shall be signed by the Minister and the chairman and vice-chairman of the committee.

The clauses are binding on all the school boards contemplated in paragraph 1 of section 30, all the school boards contemplated in paragraph 2 of section 30, or all the colleges, as the case may be.

1985, c. 12, s. 34.

35. Two management negotiating committees are established for the Cree School Board and the Kativik School Board.

The committees shall consist of persons appointed by the Minister of Education, Recreation and Sports and by the school board. Sections 32 to 34 are applicable to them, with the necessary modifications.

The function of the committees is to negotiate and agree, taking into account sections 597 and 668 of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), the clauses negotiated and agreed in accordance with sections 44 to 51 as well as those that are contemplated in sections 57 and 58 and that are applicable to the school boards.

The Cree School Board, the Kativik School Board and the associations of employees representing the employees of the school boards are bound by the clauses concerning salaries and salary scales that are negotiated and agreed at the national level and determined under sections 52 to 56.

1985, c. 12, s. 35; 1988, c. 84, s. 699; 1993, c. 51, s. 48; 1994, c. 16, s. 50; 2005, c. 28, s. 195.

2.  — The social affairs sector

36. A management negotiating committee shall be established in the social affairs sector.

The management negotiating committee shall consist of persons appointed by the Minister of Health and Social Services and of persons appointed by the groups of institutions.

1985, c. 12, s. 36; 1985, c. 23, s. 24; 1992, c. 21, s. 290, s. 375; 1994, c. 23, s. 23; 2001, c. 24, s. 111; 2003, c. 25, s. 53.

37. A group of institutions includes an association, union, federation or other organization which is considered to be representative of the institutions by the Minister of Health and Social Services, if it is not already recognized as such by law.

1985, c. 12, s. 37; 1985, c. 23, s. 24; 1992, c. 21, s. 375; 2003, c. 25, s. 54.

38. The members of the committee shall designate a chairman and a vice-chairman, one of whom is chosen from among the persons designated by the groups of institutions and the other from among the persons designated by the Minister.

The members shall agree in writing on the mode of operation of the committee and on the determination of the matters in respect of which the representatives of the groups or the representatives of the minister have a casting vote at deliberations of the committee.

Similarly, they shall agree on the mode of financing of the committee, the term of office of the members and, where such is the case, on their remuneration and that of the agents of the committee.

The signature of the chairman of the Conseil du trésor shall confirm the commitment of the Government with respect to an agreement under this section.

1985, c. 12, s. 38; 1992, c. 21, s. 375; 2003, c. 25, s. 55.

39. The management negotiating committee shall be responsible, under the authority delegated to the Minister of Health and Social Services by the Government, for the negotiation and agreement of the clauses referred to in section 44. For that purpose, it shall prepare draft bargaining proposals, require bargaining mandates from the Conseil du trésor and, within the scope determined by the latter, organize, direct and co-ordinate the negotiations carried on by the management party with the groups of associations of employees or with the associations of employees.

1985, c. 12, s. 39; 1985, c. 23, s. 24; 1992, c. 21, s. 375; 2003, c. 25, s. 56.

40. (Repealed).

1985, c. 12, s. 40; 2003, c. 25, s. 57.

41. The clauses negotiated and agreed by the management negotiating committee shall be signed by the Minister and by the chairman and vice-chairman of the committee. They are binding on the institutions.

1985, c. 12, s. 41; 1985, c. 23, s. 24; 1992, c. 21, s. 375; 2003, c. 25, s. 58.

3.  — The Conseil du trésor

42. In accordance with the guidelines established by the Government, the Conseil du trésor shall

(1)  ensure the orderly progress of the negotiation of the clauses contemplated in section 44, and, for that purpose, may delegate an observer to the negotiating sessions;

(2)  authorize the bargaining mandates of the management committees in those matters that it considers to be of governmental interest, except matters defined as being the subject of clauses negotiated and agreed at the local or regional level under sections 57 and 58;

(3)  exercise, for the purposes of the negotiations contemplated in paragraph 1, the other powers conferred on it by law.

1985, c. 12, s. 42; 2003, c. 25, s. 59.

43. The Conseil du trésor shall invite the Minister of Education, Recreation and Sports, the Minister of Higher Education, Research, Science and Technology or the Minister of Health and Social Services, as the case may be, to participate in its deliberations where they deal with the negotiations referred to in sections 44 and 53.

1985, c. 12, s. 43; 1985, c. 23, s. 24; 1988, c. 41, s. 88; 1993, c. 51, s. 49; 1994, c. 16, s. 50; 2005, c. 28, s. 195; 2013, c. 28, s. 183.

DIVISION III MODE OF NEGOTIATION

§ 1 . — Clauses negotiated and agreed at the national level

44. The clauses negotiated and agreed at the national level shall deal with all the matters contained in the collective agreement, except those matters that are defined as being the subject of clauses negotiated and agreed at the local or regional level under sections 57 and 58.

They may also provide for modes of discussion between the parties for the duration of the collective agreement for the purpose of resolving difficulties.

1985, c. 12, s. 44.

45. The clauses negotiated and agreed at the national level may be the subject of arrangements negotiated and agreed at the local or regional level in accordance with section 70 or section 70.1.

1985, c. 12, s. 45; 2003, c. 25, s. 60.

46. At the request of either party, the Minister of Labour shall entrust a mediator with attempting to settle a dispute on matters that are the subject of a clause negotiated and agreed at the national level, except salaries and salary scales.

1985, c. 12, s. 46; 1992, c. 21, s. 375; 1994, c. 12, s. 66; 1996, c. 29, s. 43; 2003, c. 25, s. 61.

47. If no agreement is reached within sixty days after the date of his appointment, the mediator shall transmit to the parties a report containing his recommendations on the dispute.

The report shall be made public unless an agreement on the dispute has been reached.

The period provided for in the first paragraph may be extended with the consent of the parties.

1985, c. 12, s. 47.

48. The parties may agree on a procedure of mediation other than that provided in sections 46 and 47. They may, in particular, appeal to a board of mediation or a public interest group.

A third party designated under the first paragraph shall make to the parties a report of its recommendations on the dispute within the time limit they determine.

The report shall be made public unless an agreement on the dispute has been reached.

1985, c. 12, s. 48.

49. In case of a dispute on a matter that is the subject of a clause negotiated and agreed at the national level, the parties may also agree to make a joint report on the subject of their dispute and make it public.

1985, c. 12, s. 49.

50. Every person or group by whom or which a report is made public pursuant to section 47, 48 or 49 shall, on the same day, give a written notice thereof to the Minister of Labour.

The Minister shall, without delay, inform the parties of the date he received the notice.

1985, c. 12, s. 50; 1994, c. 12, s. 66; 1996, c. 29, s. 43.

51. The conditions of employment provided for under clauses negotiated and agreed at the national level shall continue to apply, notwithstanding their expiry, until the coming into force of new clauses negotiated and agreed at the national level.

1985, c. 12, s. 51.

§ 2 . — Salaries and salary scales

52. The clauses of the collective agreement which deal with salaries and salary scales shall be negotiated and agreed at the national level for a period ending, at the latest, on the last day of the year in the course of which an agreement concerning such clauses has been reached at the national level.

For each of the two years following the year for which the clauses are applicable, the salaries and salary scales shall be determined in accordance with the provisions which follow.

1985, c. 12, s. 52.

53. After publication by the Institut de la statistique du Québec of the report provided for in section 4 of the Act respecting the Institut de la statistique du Québec (chapter I-13.011), the Conseil du trésor, in collaboration with the management negotiating committees established under this chapter, shall negotiate with the groups of associations of employees or, as the case may be, the associations of employees in view of reaching an agreement on the determination of the salaries and salary scales.

1985, c. 12, s. 53; 1998, c. 44, s. 52.

54. The chairman of the Conseil du trésor shall, each year, during the second or third week in March, table in the National Assembly a draft regulation fixing the salaries and salary scales for the current year.

If the National Assembly is not sitting during the second or third week in March, the chairman of the Conseil du trésor shall cause the draft to be published during those weeks in the Gazette officielle du Québec.

The draft regulation shall be accompanied with a notice that it will be submitted to the Government, for adoption with or without amendment, during the second or third week in April.

In no case may the draft regulation be submitted to the Government for adoption until the parties have been invited to a hearing on its content before a Parliamentary Committee.

1985, c. 12, s. 54.

55. The salaries and salary scales applicable for the current year are those provided for in the regulation adopted by the Government during the second or third week in April. In no case may the salaries and salary scales be lower than those of the preceding year.

The regulation shall come into force on the date of its adoption and shall have effect throughout the current year. It shall be published in the Gazette officielle du Québec.

1985, c. 12, s. 55.

56. Once fixed by regulation, the salaries and salary scales shall form part of the collective agreement and have the same effect as clauses negotiated and agreed at the national level.

1985, c. 12, s. 56.

§ 3 . — Clauses negotiated and agreed at the local or regional level

57. In the education sector, in respect of the support staff and the non-teaching professional staff of school boards, the matters pertaining to the clauses negotiated and agreed at the local or regional level are those that are defined by the parties in the course of the negotiation of the clauses negotiated and agreed at the national level.

1985, c. 12, s. 57; 2003, c. 25, s. 62.

58. In the education sector, in respect of the teaching staff, and in the case of colleges, in respect of the non-teaching professional staff, and in the social affairs sector, the matters listed in Schedule A or Schedule A.1, as the case may be, are the subject of clauses negotiated and agreed at the local or regional level.

The same applies, in respect of the same classes of personnel, to any other matter defined by the parties in the course of the negotiation of the clauses negotiated and agreed at the national level.

1985, c. 12, s. 58; 2003, c. 25, s. 63.

59. Every clause dealing with a matter defined as being the subject of clauses negotiated and agreed at the local or regional level has effect until it is amended, repealed or replaced pursuant to an agreement between the parties.

It shall continue to have effect notwithstanding the expiry of the clauses of the collective agreement which are negotiated and agreed at the national level.

1985, c. 12, s. 59.

60. In matters defined as being the subject of clauses negotiated and agreed at the local or regional level, an association of employees and an employer may, at all times, negotiate and agree on the replacement, amendment, addition or repeal of a clause of the collective agreement.

In no case, however, may any negotiation under the first paragraph give rise to a dispute.

1985, c. 12, s. 60.

61. Any agreement made pursuant to section 60 shall be filed with the Minister of Labour in accordance with the first paragraph of section 72 of the Labour Code (chapter C-27). It shall take effect in accordance with provisions set forth in the second paragraph of that section.

In no case may the agreement be the subject of negotiations before the expiry of two years, unless the parties decide to amend it before the lapse of that term.

1985, c. 12, s. 61; 2001, c. 26, s. 153; 2006, c. 58, s. 68.

62. If no agreement is reached on a matter that is the subject of clauses negotiated and agreed at the local or regional level, one party may request the Minister of Labour to appoint a mediator-arbitrator in view of the settlement of the disagreement.

1985, c. 12, s. 62; 1994, c. 12, s. 66; 1996, c. 29, s. 43.

63. The mediator-arbitrator shall endeavour to bring the parties to settle their disagreement. For that purpose, he shall meet the parties and, in case of refusal to attend a meeting, give them an opportunity to present their views.

1985, c. 12, s. 63.

64. If a disagreement still subsists sixty days after the appointment of the mediator-arbitrator, the parties may, in common agreement, request the mediator-arbitrator to rule on the subject of the disagreement. If the mediator-arbitrator is then of opinion that a settlement is not likely to be reached by the parties, he shall rule on the question and inform the parties of his decision.

The decision of the mediator-arbitrator is deemed to be an agreement within the meaning of section 60.

1985, c. 12, s. 64.

65. If the mediator-arbitrator makes no decision under section 64, he shall make a report of his recommendations on the subject of the disagreement to the parties.

The mediator-arbitrator shall make the report public ten days after having transmitted it to the parties.

1985, c. 12, s. 65.

66. The parties may agree on any other mode of settlement of a disagreement.

1985, c. 12, s. 66.

67. Any clause negotiated and agreed at the local or regional level has no effect where it modifies the scope of a clause negotiated and agreed at the national level or a clause contemplated in section 56.

The same rule applies to every decision made by a person appointed to rule on the subject of a disagreement pursuant to section 64, section 66 or the second paragraph of section 68.

1985, c. 12, s. 67.

68. Where a clause ceases to have effect by reason of the application of section 67, the parties shall negotiate in view of its replacement.

If a disagreement on the replacement of the clause still subsists sixty days after the appointment of a mediator-arbitrator, one party may request him to rule on the matter that is the subject of the disagreement.

1985, c. 12, s. 68.

69. Except in matters of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised, and no provisional remedy may be ordered against the mediator-arbitrator appointed by the Minister under section 62 or section 68.

1985, c. 12, s. 69; I.N. 2016-01-01 (NCCP).

§ 4 . — Local arrangements

70. In the education sector, in respect of the support staff and in respect of the non-teaching professional staff of the school boards, the parties may, once the collective agreement is in force, agree on local or regional arrangements in view of the implementation or replacement of a clause of the collective agreement negotiated and agreed at the national level on a matter provided for in Schedule B and that is applicable to the school board or, as the case may be, to the college.

In addition to what is provided for in the first paragraph, the parties to a collective agreement may also negotiate and agree such arrangements to the extent that a clause negotiated and agreed at the national level provides therefor.

1985, c. 12, s. 70; 1992, c. 21, s. 375; 2003, c. 25, s. 64.

70.1. In the social affairs sector, the parties to a collective agreement may negotiate and agree on arrangements at the local or regional level to the extent that a clause negotiated and agreed at the national level provides therefor.

2003, c. 25, s. 65.

71. In no case may the negotiation of a local arrangement give rise to a dispute.

1985, c. 12, s. 71.

72. An arrangement agreed upon pursuant to section 70 or section 70.1 is without effect where it alters the scope of a clause negotiated and agreed at the national level and which is not subject to a local arrangement.

1985, c. 12, s. 72; 2003, c. 25, s. 66.

73. Every arrangement agreed upon locally or regionally shall have effect until the date of its replacement or, at the latest, until the coming into force of the new clauses negotiated and agreed at the national level.

1985, c. 12, s. 73.

74. Every arrangement agreed upon locally or regionally shall be filed with the Minister of Labour in accordance with the first paragraph of section 72 of the Labour Code (chapter C-27).

1985, c. 12, s. 74; 2001, c. 26, s. 154; 2006, c. 58, s. 68.

CHAPTER IV COLLECTIVE AGREEMENTS IN THE GOVERNMENT AGENCIES SECTOR

75. The clauses of a collective agreement binding between an association of employees and a government agency shall be negotiated and agreed in accordance with this chapter.

1985, c. 12, s. 75.

76. The Government may strike off from Schedule C any agency appearing in it, add to it any agency it has struck off or any other agency. It may also add or strike off a subsidiary of any agency it designates.

1985, c. 12, s. 76.

77. Every association of employees shall negotiate and agree all the clauses of a collective agreement binding between it and a government agency through a bargaining agent appointed by the association.

1985, c. 12, s. 77.

78. Before undertaking the negotiation of a collective agreement with an association of employees, every government agency shall submit to the minister responsible a draft document setting out the general components of a policy on remuneration and conditions of employment.

The Minister shall submit the draft, for approval, to the Conseil du trésor which shall determine, in collaboration with the Minister and the agency, the terms and conditions according to which the orderly progress of the negotiations is ensured.

1985, c. 12, s. 78.

79. The policy on remuneration and conditions of employment approved with or without amendment by the Conseil du trésor, and the terms and conditions determined for ensuring the orderly progress of the negotiations are binding on the agency, and it must comply therewith.

1985, c. 12, s. 79.

80. Every government agency shall negotiate, agree and sign the clauses of a collective agreement within the framework defined in sections 78 and 79.

1985, c. 12, s. 80.

CHAPTER V PROVISIONS APPLICABLE TO THE PUBLIC SERVICE

81. Sections 46 to 56, adapted as required, apply to a collective agreement binding between the Government and an association of employees recognized or certified under sections 64 to 67 of the Public Service Act (chapter F-3.1.1).

1985, c. 12, s. 81.

CHAPTER VI AMENDMENTS TO THE LABOUR CODE

82. (Amendment integrated into c. C-27, s. 1).

1985, c. 12, s. 82.

83. (Amendment integrated into c. C-27, s. 109.1).

1985, c. 12, s. 83.

84. (Amendment integrated into c. C-27, s. 111.0.8).

1985, c. 12, s. 84.

85. (Amendment integrated into c. C-27, s. 111.0.10).

1985, c. 12, s. 85.

86. (Amendment integrated into c. C-27, s. 111.0.12).

1985, c. 12, s. 86.

87. (Amendment integrated into c. C-27, s. 111.6).

1985, c. 12, s. 87.

88. (Amendment integrated into c. C-27, s. 111.8).

1985, c. 12, s. 88.

89. (Amendment integrated into c. C-27, ss. 111.10-111.10.8).

1985, c. 12, s. 89.

90. (Amendment integrated into c. C-27, s. 111.11).

1985, c. 12, s. 90.

91. (Amendment integrated into c. C-27, ss. 111.12-111.14).

1985, c. 12, s. 91.

92. (Amendment integrated into c. C-27, Chapter V.1, Division IV, ss. 111.16-111.20).

1985, c. 12, s. 92.

93. (Amendment integrated into c. C-27, s. 139).

1985, c. 12, s. 93.

94. (Amendment integrated into c. C-27, s. 140.1).

1985, c. 12, s. 94.

95. (Amendment integrated into c. C-27, s. 146.2).

1985, c. 12, s. 95.

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

96. The Minister of Labour is responsible for the administration of this Act.

1985, c. 12, s. 96; 1994, c. 12, s. 66; 1996, c. 29, s. 43.

The Minister Responsible for Government Administration and Chair of the Conseil du trésor assumes responsibility for developing and coordinating a global collective negotiation strategy for the government administration. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

97. The provisions of a collective agreement in force on 19 June 1985 or filed in the office of the labour commissioner under section 8 of chapter 45 of the statutes of 1982 shall continue to apply notwithstanding their expiry, in accordance with section 51 or 59, as the case may be.

1985, c. 12, s. 97.

98. For the year 1985, the Institut may, if it considers it appropriate, confine itself, in respect of the findings it is required to publish under section 19, to giving an account of the available surveys, analyses and studies that it considers relevant.

1985, c. 12, s. 98.

99. In any Act, regulation, order, decree, contract collective agreement, or other document, any reference to the Act respecting management and union parties organization in collective bargaining in the sectors of education, social affairs and government agencies (chapter O-7.1) is a reference to this Act or to the equivalent provision of this Act, unless otherwise indicated by the context.

1985, c. 12, s. 99 (part).

100. (This section ceased to have effect on 19 June 1990).

1985, c. 12, s. 100; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

101. (Omitted).

1985, c. 12, s. 101.

SCHEDULE A

LIST OF THE MATTERS NEGOTIATED AND APPROVED AT THE LOCAL OR REGIONAL LEVEL IN THE EDUCATION SECTOR

I — COLLEGES SECTOR

(a) IN RESPECT OF THE TEACHING STAFF

(1) Recognition of local parties

(2) Union dues

(3) Release for union activities (except for union releases at the national level)

(4) Meetings and posting

(5) Information (except information transmitted by the Department)

(6) Labour relations committee

(7) Departments

(8) Selection of teachers

(9) Education committee

(10) Engagement (subject to employment security, priorities of employment and tenure acquisition)

(11) Seniority (subject to calculation for purposes of reassignment)

(12) Disciplinary measures

(13) Leaves for professional activities and leaves without pay (except those provided for parental leaves or leaves for participation in public affairs)

(14) Payment of salary

(15) Moving expenses

(16) Civil liability

(17) Professional improvement (subject to allocated amounts and apportionment of provincial fund)

(18) Hygiene and safety

(19) Placement on reserve

(20) Distribution of work-load

(21) Annual vacations (except quantum)

(22) Grievance and arbitration (only as to matters negotiated locally)

(23) Parking

(24) Savings fund

(25) Sexual harassment

(b) IN RESPECT OF NON-TEACHING PROFESSIONAL STAFF

(1) Recognition of local parties

(2) Union dues

(3) Release for union activities (except for union releases at the national level)

(4) Meetings and posting

(5) Information (except information transmitted by the Department)

(6) Labour relations committee

(7) Practice and professional liability

(8) Educational and professional activities

(9) Education committee

(10) Engagement (subject to employment security, priorities of employment and tenure acquisition)

(11) Seniority (subject to calculation for purposes of reassignment)

(12) Disciplinary measures

(13) Leaves for professional activities and leaves without pay (except those provided for parental leaves or leaves for participation in public affairs)

(14) Method of payment of salary

(15) Moving expenses

(16) Overtime (except quantum)

(17) Professional training and improvement at the local level (subject to allocated amounts and apportionment of the provincial fund destined for the regions)

(18) Hygiene and safety

(19) Work schedule (except quantum)

(20) Transfer

(21) Annual vacations (except quantum)

(22) Grievance and arbitration (only as to matters negotiated locally)

(23) Parking

(24) Savings fund

(25) Sexual harassment

(26) Paid holidays (except quantum)

(27) Contract work

(28) Civil liability

II — SCHOOL BOARDS SECTOR

IN RESPECT OF THE TEACHING STAFF

(1) Recognition of local parties

(2) Communication and posting of union notices

(3) Use of school board premises for union purposes

(4) Documentation

(5) Union prerogatives

(6) Union representative

(7) Deduction of union dues or equivalent dues

(8) Mechanisms of participation

(9) Engagement (subject to employment security, priorities of employment and tenure acquisition)

(10) Personal record

(11) Dismissal and non re-engagement

(12) Resignation and breach of contract

(13) Regulations concerning absences

(14) Leaves without pay (except those provided for parental leaves, for participation in public affairs and for union activities)

(15) Leaves for activities relating to education

(16) Distribution of work days in the calendar year

(17) Hygiene and safety

(18) Payment of salary

(19) Travel expenses

(20) Assignment and transfer procedure

(21) Distribution of duties and responsibilities among the teachers of a school board

(22) Distribution of working hours

(23) Supply teaching, group meetings and meetings with parents

(24) Supervision of arrival and movement of pupils not included in teaching task

(25) Civil liability

(26) Professional improvement (subject to allocated amounts and provincial improvement programs)

(27) Grievance and arbitration (only as to matters negotiated locally)

(28) Savings fund

1985, c. 12, Schedule A.

SCHEDULE A.1

LIST OF THE MATTERS NEGOTIATED AND AGREED AT THE LOCAL OR REGIONAL LEVEL IN THE SOCIAL AFFAIRS SECTOR

1- Concept of position, except concept of reserved position, and conditions of application

2- Concepts of unit and activity centre

3- Duration and conditions of probationary period

4- Temporarily vacant position:

— definition

— circumstances required for filling the position

5- Concept of re-assignment and conditions of application, except remuneration

6- Rules applicable to employees on temporary assignment, except those relating to employees with employment security, employees on disability leave, and employees covered by the parental rights plan

7- Rules applicable to voluntary transfers in the facilities maintained by the institution, except those relating to employees with employment security and employees on disability leave, and those relating to remuneration

8- Bumping procedure (conditions of application of the general principles negotiated and agreed at the national level), except remuneration

9- Working hours and weekly schedule, except remuneration

10- Conditions governing time compensation for overtime work, recall, and standby duties, except rates and remuneration

11- Paid holidays, floating holidays, and annual vacation, except quanta and remuneration

12- Granting and conditions of leave without pay, except leave without pay under the parental rights plan and leave without pay to work in a northern institution

13- Human resources development, except allocated amounts and retraining of employees with employment security

14- Activities carried on with users within the meaning of the Act respecting health services and social services outside facilities maintained by an institution governed by that Act, or with beneficiaries within the meaning of the Act respecting health services and social services for Cree Native persons outside an institution governed by that Act

15- Mandate and mode of operation of local committees with respect to the matters listed in this schedule, except any release for union activities required to negotiate those matters

16- Rules of conduct between the parties

17- Posting of notices

18- Professional orders

19- Professional practice and liability

20- Special conditions applicable during transportation of users within the meaning of the Act respecting health services and social services or beneficiaries within the meaning of the Act respecting health services and social services for Cree Native persons

21- Loss or destruction of personal property

22- Rules to be followed when uniforms are required by the employer

23- Locker room and dressing room

24- Payment of salaries

25- Establishment of a savings union

26- Moving allowances, except the quanta

2003, c. 25, s. 67.

SCHEDULE B

LIST OF THE MATTERS THAT MAY BE THE SUBJECT OF ARRANGEMENTS AT THE LOCAL OR REGIONAL LEVEL

I — Repealed, 2003, c. 25, s. 68.

II — EDUCATION SECTOR

(1) IN THE COLLEGE SECTOR, IN RESPECT OF THE SUPPORT STAFF

(1) Recognition of local parties

(2) Union security

(3) Union dues

(4) Release for union activities (except releases at the national level)

(5) Meetings and posting

(6) Information (except information transmitted by the Department)

(7) Labour relations committee

(8) Education committee

(9) Engagement (subject to employment security, priorities of employment and tenure acquisition)

(10) Seniority (subject to calculation for purposes of re-assignment)

(11) Disciplinary measures

(12) Leave without pay (except those provided for parental leaves and for participation in public affairs)

(13) Payment of salary

(14) Civil liability

(15) Work schedule (except quantum)

(16) Overtime work (except quantum)

(17) Professional training and improvement (subject to allocated amounts)

(18) Hygiene and safety

(19) Clothes and uniforms

(20) Temporary lay-off

(21) Annual vacation (except the quantum)

(22) Grievance and arbitration (only as to matters negotiated locally)

(23) Parking

(24) Savings fund

(25) Sexual harassment

(26) Paid holidays (except the quantum)

(27) Contract work

(2) SCHOOL BOARDS SECTOR

(a) In respect of the non-teaching professional staff

(1) Communication and posting of union notices

(2) Use of school board premises

(3) Documentation

(4) Union prerogatives

(5) Union representative

(6) Deduction of union dues or equivalent deductions

(7) Consultation mechanism

(8) Engagement (subject to employment security, priorities of employment and tenure acquisition)

(9) Personal record and disciplinary measures

(10) Dismissal, non re-engagement, breach of contract and resignation

(11) Regulations concerning absences

(12) Leaves without pay

(13) Leaves for education related activities

(14) Work schedule

(15) Hygiene and safety

(16) Payment of salary

(17) Travel expenses

(18) Assignment and transfer

(19) Staggering of paid holidays

(20) Civil liability

(21) Professional improvement (except quantum and regional improvement)

(22) Grievance and arbitration (only as to matters negotiated locally)

(23) Contract work

(24) Annual vacation (except quantum)

(25) Savings fund

(26) Overtime (except quantum)

(b) In respect of the support staff

(1) Posting

(2) Union meetings and use of premises

(3) Documentation

(4) Union prerogatives

(5) Union representation

(6) Union dues

(7) Labour relations committee (participation)

(8) Disciplinary measures

(9) Leaves without pay

(10) Work schedule

(11) Hygiene and safety

(12) Payment of remuneration

(13) Travel expenses

(14) Transfer of personnel (subject to job security, job priority and acquisition of permanent status)

(15) Distribution of paid holidays

(16) Professional improvement (except quantum)

(17) Civil liability

(18) Grievance and arbitration (only as to matters negotiated locally)

(19) Contract work

(20) Annual vacation (except quantum)

(21) Savings fund

(22) Clothing and uniforms

(23) Overtime (except quantum)

1985, c. 12, Schedule B; 1992, c. 21, s. 291, s. 375; 1994, c. 40, s. 457; 1994, c. 23, s. 23; 2003, c. 25, s. 68.

SCHEDULE C

LIST OF GOVERNMENT AGENCIES

— The Agence du revenu du Québec

— The Agence métropolitaine de transport

— The Autorité des marchés financiers

— Bibliothèque et Archives nationales du Québec

— The Caisse de dépôt et placement du Québec

— The Centre de la francophonie des Amériques

— The Centre de recherche industrielle du Québec

— The Commission de la capitale nationale du Québec

— The Commission de la construction du Québec

— The Commission des droits de la personne et des droits de la jeunesse

— The Commission des services juridiques

— The Conseil des arts et des lettres du Québec

— The Conservatoire de musique et d’art dramatique du Québec

— The Corporation d’urgences-santé de la région de Montréal Métropolitain

— The École nationale de police du Québec

— The École nationale des pompiers du Québec

— Financement-Québec

— The Fondation de la faune du Québec

— Héma-Québec

— Hydro-Québec

— The Institut national d’excellence en santé et en services sociaux

— The Institut national de santé publique du Québec

— The Institut national des mines

— Investissement Québec

— The Musée d’art contemporain de Montréal

— The Musée de la civilisation

— The Musée national des beaux-arts du Québec

— The Office de la sécurité du revenu des chasseurs et piégeurs cris

— The Office Québec-Amériques pour la jeunesse

— The Office Québec-Monde pour la jeunesse

— The Protecteur du citoyen

— Québec Research Fund–Health

— Québec Research Fund–Nature and Technology

— Québec Research Fund–Society and Culture

— The Régie de l’énergie

— The Régie des installations olympiques

— The regional legal aid centres

— The Société de développement de la Baie James

— The Société de développement des entreprises culturelles

— The Société de financement des infrastructures locales du Québec

— The Société de la Place des Arts de Montréal

— The Société de télédiffusion du Québec

— The Société des alcools du Québec

— The Société des établissements de plein air du Québec

— The Société des loteries du Québec

— The Société des traversiers du Québec

— The Société du Centre des congrès de Québec

— The Société du Grand théâtre de Québec

— The Société du Palais des congrès de Montréal

— The Société du parc industriel et portuaire de Bécancour

— The Société du Plan Nord

— The Société québécoise d’information juridique

— The Société québécoise de récupération et de recyclage

— The Société québécoise des infrastructures

— The Sûreté du Québec

1985, c. 12, Schedule C; 1986, c. 89, s. 50; O.C. 791-86 of 04.06.86, (1986) 118 G.O. 2 (French), 2085; 1990, c. 46, s. 47; 1992, c. 44, s. 70; 1995, c. 27, s. 19; 1996, c. 23, s. 54; 1996, c. 20, s. 36; 1996, c. 61, s. 130; 1997, c. 63, s. 120; 1998, c. 41, s. 75; 1998, c. 42, s. 47; 2001, c. 24, s. 112; O.C. 1161-2001 of 26.09.01, (2001) G.O. 2, 5677; O.C. 1437-2001 of 28.11.01, (2001) G.O. 2, 6186; 2002, c. 64, s. 20; 2002, c. 45, s. 554; O.C. 464-2004 of 12.05.04, (2004) 136 G.O. 2, 1641; 2004, c. 37, s. 90; 2004, c. 32, s. 56; 2004, c. 25, s. 65; 2006, c. 46, s. 55; O.C. 74-2007 of 30.01.07, (2007) 139 G.O. 2, 973; 2006, c. 26, s. 20; 2009, c. 53, s. 46; 2010, c. 15, s. 78; 2009, c. 6, s. 32; 2010, c. 31, s. 155; 2011, c. 16, s. 247; 2011, c. 16, Sch. II, s. 70; 2011, c. 16, s. 247; 2013, c. 23, s. 130; 2014, c. 16, s. 89; O.C. 565-2015 of 30.06.15, (2015) 147 G.O. 2, 1375.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 12 of the statutes of 1985, in force on 1 September 1985, is repealed, except section 101, effective from the coming into force of chapter R-8.2 of the Revised Statutes.