S-6

Act to ensure the provision of essential health services and social services in the event of a labour dispute

Repealed on 06June 23 1978

chapter S-6

Act to ensure the provision of essential health services and social services in the event of a labour dispute

ESSENTIAL HEALTH AND SOCIAL SERVICES06June 23 197806June 23 1978

1978, c. 52, s. 7.

DIVISION I

INTERPRETATION

1. In this act, unless the context indicates a different meaning,

(a)  “establishment” means an establishment within the meaning of the Act respecting health services and social services (chapter S-5) and any non-profit undertaking which carries on activities ordinarily carried on by an establishment, which mainly supplies common services to establishments and which is declared by the Gouvernement to be like an establishment;

(b)  “services” means the health services and social services ordinarily provided by an establishment;

(c)  “recipient” means a person entitled to receive health services and social services within the meaning of the Act respecting health services and social services (chapter S-5);

(d)  “Court” means the Labour Court created in accordance with the Labour Code (chapter C-27).

The terms and expressions “association of employees”, “employers’ association”, “strike”, “lock-out”, “employee” and “employer” have the meaning given them by the Labour Code (chapter C-27).

1975, c. 52, s. 1.

DIVISION II

THE COMMISSIONER

2. The Gouvernement shall appoint a commissioner for essential services from among the judges who are members of the Court.

It shall also appoint assistant commissioners for essential services to the Court and fix their salary.

1975, c. 52, s. 2.

3. The commissioner for essential services shall direct, coordinate and apportion the work of the assistant commissioners.

1975, c. 52, s. 3.

4. The commissioner for essential services and each of his assistants have the powers and immunity granted to commissioners appointed under the Act respecting public inquiry commissions (chapter C-37).

1975, c. 52, s. 4.

5. No extraordinary recourse provided in articles 834 to 845 of the Code of Civil Procedure may be exercised nor any injunction granted against the commissioner or an assistant commissioner acting in his official capacity.

1975, c. 52, s. 5.

6. Two judges of the Court of Appeal may, on a motion, annul summarily any writ, order or injunction issued or granted in contravention to section 5.

1975, c. 52, s. 6.

DIVISION III

STRIKE OR LOCK-OUT

7. Notwithstanding the provisions of any other general law or special act, a strike or a lock-out in an establishment is prohibited unless the parties are entitled thereto under the Labour Code and a prior agreement has been concluded between the parties respecting the essential services which must be maintained during a strike or a lock-out and respecting the manner in which such services are to be maintained or unless, failing such an agreement between the parties, a decision is rendered by the commissioner or an assistant commissioner, in accordance with section 11 of this act.

An agreement or a decision shall deal, in particular, with the minimum number of occupational posts which must be filled effectively by regular employees in order to provide essential services, and with the availability of such services to and the special needs of recipients.

1975, c. 52, s. 7.

8. Where the Minister of Labour and Manpower receives a notification in accordance with section 54 of the Labour Code (chapter C-27), he shall send copy thereof forthwith to the commissioner for essential services at the office of the clerk of the Court.

1975, c. 52, s. 8.

9. From the time the notice mentioned in section 8 is sent, the parties shall have the obligation to meet and to negotiate an agreement, diligently and in good faith. They may, at any time before the expiry of the delay of 30 days fixed by section 10, agree upon the appointment of a mediator charged with inducing them to reach an agreement.

Where the parties reach an agreement respecting essential services, the mediator, if one has been appointed, or the parties jointly must file copy thereof forthwith for the commissioner for essential services at the office of the clerk of the Court.

The agreement becomes executory from the time it is filed. A copy must be posted up by the parties in a conspicious place in the establishment.

1975, c. 52, s. 9.

10. Where, 30 days after the sending of the notification referred to in section 8, no text of any agreement has been filed with the clerk of the Court, the commissioner for essential sevices shall intervene exofficio, personally or through one of his assistants.

The commissioner or the assistant seized of the case shall meet with the parties and the mediator, if one has been appointed; he shall take cognizance of the respective positions and make them public.

The parties have the obligation to attend every meeting to which they are convoked by the commissioner or the assistant, to make his task easier as far as possible and to observe the procedure he may indicate.

1975, c. 52, s. 10.

11. The commissioner or the assistant shall himself, within a delay of 30 days after being seized of the case, render a decision determining the essential services that must be maintained and the manner in which they must be maintained. He shall make his decision public.

Such decision becomes executory from service thereof at the address of each of the parties, or to any officer, director, employee, assistant or adviser thereof. Service may be made at any hour on any day.

1975, c. 52, s. 11.

12. When an agreement is reached or a decision is rendered by the commissioner or one of his assistants, the parties may agree to certain changes, which shall become executory on being approved by the commissioner of essential services and filed by one of the parties with the clerk of the Court. The filing party must notify the other party accordingly.

Similarly, on a motion from a party or a recipient, the commissioner or the assistant designated by him may agree to re-examine and, if he considers it expedient, after consultation with the parties, change, his decision. The change becomes executory from service thereof on the parties. Such service may be made in accordance with the second paragraph of section 11.

The commissioner shall make public every change which becomes executory in accordance with this section.

1975, c. 52, s. 12.

13. Where an agreement is reached or a decision is rendered under section 11, the employer, to supply services not considered essential and usually supplied by the employees of the establishment, shall not hire other employees.

1975, c. 52, s. 13.

14. The commissioner and his assistants have all the powers necessary for the exercise of their jurisdiction and shall, in particular, make any order they consider appropriate to safeguard the rights of the parties or of recipients.

1975, c. 52, s. 14.

15. Subject to section 12, a decision of the commissioner or one of his assistants is final and without appeal.

1975, c. 52, s. 15.

16. The clerk of the Court must, on request, send forthwith to the Minister of Labour and Manpower and to the Minister of Social Affairs a copy of any agreement or any decision of the commissioner or his assistants.

1975, c. 52, s. 16.

DIVISION IV

FINAL PROVISIONS

17. An association of employees which authorizes, encourages or incites a person to go on strike in an establishment, in the absence of an agreement or decision referred to in section 7, or which authorizes, encourages or incites a person to contravene the terms of an executory agreement or decision, is guilty of an offence and liable, on summary proceeding, in addition to the costs, to a fine of $5,000 to $20,000 for each day or part of a day during which the offence continues.

Where an association of employees is guilty of an offence mentioned in the first paragraph, each of its officers, directors, employees, agents or advisers who participated in the commission of the offence, assented thereto or acquiesced therein, is deemed to have been a party to the offence and is personally liable to the penalty provided for such offence, whether or not the association of employees has been prosecuted or convicted.

1975, c. 52, s. 17.

18. Every officer, director, employee, agent or adviser of an association of employees who authorizes, encourages or incites a person to strike in an establishment, in the absence of an agreement or decision referred to in section 7, or authorizes, encourages or incites a person to contravene the terms of an executory agreement or decision, is guilty of an offence and is personally liable, on summary proceeding, in addition to the costs, to a fine of $2 000 to $10 000 for each day or part of a day during which the offence continues.

The association of employees whose officer, director, employee, agent or adviser is guilty of an offence mentioned in the first paragraph, is a party to such offence and is liable to the penalty provided for in the same manner as such person.

1975, c. 52, s. 18.

19. Every employer or employers’ association who or which, in any manner, orders a lock-out in an establishment in the absence of an agreement or decision referred to in section 7, or who or which contravenes the terms of an executory agreement or decision, is guilty of an offence and liable, on summary proceeding, to a fine of $5,000 to $20,000 for each day or part of a day during which the offence continues.

Where an employer or an employer’s association is guilty of an offence mentioned in the first paragraph, each director, agent or adviser thereof who participated in the commission of the offence, assented thereto or acquiesced therein, is deemed to have been a party to the offence and is personally liable to the penalty provided for the offence, whether or not the employer or employers’ association has been prosecuted or convicted.

1975, c. 52, s. 19.

20. Every employee who participates in a strike in an establishment, in the absence of an agreement or decision referred to in section 7, or who contravenes the terms of an executory agreement or decision, is guilty of an offence and is liable, on summary proceeding, in addition to the costs, to a fine of $40 to $200 for each day or part of a day during which the offence continues.

1975, c. 52, s. 20.

21. Proceedings for contraventions to this act shall be instituted by the Attorney-General or by a person generally or specially authorized by him for such purpose.

1975, c. 52, s. 21.

22. The moneys required for the application of this act shall be taken out of the consolidated revenue fund.

1975, c. 52, s. 22.

23. Where the Minister of Labour and Manpower has received a notification contemplated in section 54 of the Labour Code before 19 December 1975, from a party to the negotiations relating to the establishments, he shall forthwith send a copy thereof, for the commissioner for essential services, to the clerk of the Court.

The notification shall then be deemed, for the purposes of section 10 of this act, to have been sent on 19 December 1975.

1975, c. 52, s. 23.

24. The Minister of Labour and Manpower shall be responsible for the application of this act.

1975, c. 52, s. 25.