D-2, r. 12 - Decree respecting the installation of petroleum equipment

Section 1.01 Disposition versions

2012-09-01

1.01. In this Decree, unless otherwise indicated, the following expressions mean:

(1)  “equipment”: tanks, piping, pumps, meters, safety devices, leakage detection devices, compressors, elevators, oil interceptors, waste oil tanks as well as their parts and accessories, intended for:

(a)  the operation of an establishment where motor vehicles are kept, maintained or repaired;

(b)  the operation of an establishment or filling centre where a petroleum product or its derivatives are sold, distributed, exchanged in bulk or stored liquid;

(c)  to tanks of tank trucks used for the transport of petroleum products or their liquid derivatives and related parts and accessories;

(2)  “installation”: all operations required for dismantling or setting up and for activating equipment, including excavation, backfilling, cement and welding framework as well as the construction of pump islands and the compressor base-plate;

(2.1)  “service”: the maintenance, inspection, alteration, connection, adjustment, replacement, restoration, repair, welding and checking of equipment on site;

(3)  “crew leader”: employee who fills the requirements of Class A for any trade and who is appointed by the employer to manage and supervise a group of employees while performing work and whose supervisory functions are not provided for in the definition of classifications;

(4)  “service mechanic”: employee who is a service attendant on a regular basis;

(5)  “shop mechanic”: employee who regularly inspects, verifies, maintains, adjusts, repairs, restores, modifies, assembles, installs and welds equipment in the shop;

(6)  “installation mechanic”: employee who is an installation attendant on a regular basis;

(7)  “tank-truck mechanic”: employee who regularly inspects, verifies, maintains, adjusts, repairs, restores, modifies, assembles, installs and welds equipment on tank-trucks;

(8)  (paragraph revoked);

(9)  “classes”: each of the trades includes 3 classes determined as follows:

i.  Class A: employee who can perform autonomously all duties provided for in the definition of the trade, including the reading of plans and drawings, the determination of work to be performed and needs to do so;

ii.  Class B: employee who will perform under supervision all duties provided for in the definition of the trade;

iii.  Class C: employee who will perform a portion of the duties provided for in the definition of the trade;

(10)  “working day”: day included in the employee’s workweek;

(11)  “spouse” means either of 2 persons who

(a)  are married or in a civil union and cohabiting;

(b)  being of opposite sex or the same sex are living together in a de facto union and are the father and mother of the same child;

(c)  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more;

(12)  “labourer”: employee who is chiefly engaged in unskilled work such as handling material, participating in excavation, backfilling and cement framework and assisting the mechanic in his functions; this word also includes the employee who is learning the trades of service mechanic, shop mechanic, installation mechanic and tank-truck mechanic;

(13)  “student”: employee who usually attends school and whose duration of employment does not exceed 65 working days per year;

(14)  “uninterrupted service”: the uninterrupted period during which an employee is bound to his employer by a work contract, even if the carrying out of the contract has been interrupted without the contract being cancelled, and the period during which fixed-duration contracts follow one another without an interruption that would allow, given the circumstances, to conclude that the contract has been cancelled.

R.R.Q., 1981, c. D-2, r. 33, s. 1.01; O.C. 1258-84, s. 1; O.C. 1636-88, s. 1; O.C. 1577-90, s. 1; O.C. 769-92, s. 1; O.C. 770-96, s. 1; O.C. 1152-99, s. 1; O.C. 1341-2001, s. 1; O.C. 655-2003, s. 1; O.C. 351-2006, s. 1; O.C. 1168-2009, s. 1.