D-2, r. 3 - Decree respecting the cartage industry in the Québec region

Section 1.01 Disposition versions

2023-01-25

1.01. In this Part, unless the context indicates otherwise, the following expressions mean:

(1)  “helper” : employee who helps the driver in the supervision and handling of any loading or unloading, without driving the road vehicle, even occasionally;

(2)  “labourer” : employee who performs the work covered by the professional jurisdiction of Part I of this Decree, excluding the work performed by employees governed by paragraphs 1 and 3 to 18;

(3)  “assistant-mechanic” : employee who works under the constant supervision of a qualified mechanic;

(4)  “driver, class A” : driver of a road vehicle that has a net weight of less than 1,500 kg;

(4.1)  “driver, class B” : driver of a road vehicle that has a net weight of 1,500 kg to 4,500 kg;

(5)  “road-train driver” : driver of a combination of road vehicles consisting of a tractor, semi-trailers and any dollies;

(6)  “truck drive” : driver of a road vehicle that has a net weight in excess of 4,500 kg;

(7)  “tractor semi-trailer driver” : driver of a road vehicle equipped with a fifth wheel designed to pull a semi-trailer;

(8)  “tank-truck driver” : driver of a tank truck;

(9)  “tank-trailer driver” : driver of a tractor designed to pull a tank trailer;

(10)  “float driver” : driver of a float tractor designed to pull a lowered semi-trailer with a goose-neck and used in the transportation of extra-heavy or very large parts whose height, length, width or weight exceeds the legal limits allowed on public highways or roads;

(11)  “loading machinery operator” : employee who drives a vehicle known as a “lift truck” or other loading or unloading machinery;

(12)  “dockman” : employee assigned to the loading or unloading of products or merchandise and who usually works in the warehouse;

(13)  “mechanic” : employee whose main duty consists in maintaining the employer’s vehicles and other equipment;

(14)  “packer” : employee assigned to packing for moving purposes;

(15)  “snow removal vehicle driver” : driver of a road vehicle used for snow removal except for trucks used to transport snow;

(16)  “welder” : employee whose main duty consists in welding metal parts in order to manufacture or repair parts or tools;

(17)  “secretary or shorthand typist” : employee whose main duty consists in preparing or transmitting correspondence, documents or vouchers necessary to the operations of an enterprise in the cartage industry;

(18)  “office clerk” : employee whose work consists, in particular, in taking orders, answering telephone calls and invoicing;

(19)  “cartage industry” : industry in which persons, partnerships or corporations perform, for others and for payment, the transport of merchandise or of any other transportable products or objects;

(20)  “road vehicle” : motorized vehicle that can travel on a road;

(21)  “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;

(21.1)  “relative” : the employee’s spouse, the child, father, mother, brother, sister and grandparents of the employee or the employee’s spouse as well as those persons’ spouses, their children, and their children’s spouses. The following are also considered to be an employee’s relative for the purposes of this Decree:

(a)  a person having acted, or acting, as a foster family for the employee or the employee’s spouse;

(b)  a child for whom the employee or the employee’s spouse has acted, or is acting, as a foster family;

(c)  a tutor or curator of the employee or the employee’s spouse or a person under the tutorship or curatorship of the employee or the employee’s spouse;

(d)  an incapable person having designated the employee or the employee’s spouse as mandatary;

(e)  any other person in respect of whom the employee is entitled to benefits under an Act for the assistance and care the employee provides owing to the person’s state of health;

(22)  “continuous service” : means the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of the work has been interrupted without cancellation of the contract, and the period during which fixed term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract was not renewed.

R.R.Q., 1981, c. D-2, r. 7, s. 1.01; O.C. 86-82, s. 2; O.C. 1338-85, s. 1; O.C. 552-89, s. 1; O.C. 1115-91, s. 2; O.C. 527-96, s. 1; O.C. 580-2001, s. 1; O.C. 736-2005, s. 1; O.C. 68-2008, s. 1; O.C. 115-2009, s. 3; O.C. 42-2023, s. 1.

2012-09-01

1.01. In this Part, unless the context indicates otherwise, the following expressions mean:

(1)  “helper”: employee who helps the driver in the supervision and handling of any loading or unloading, without driving the road vehicle, even occasionally;

(2)  “labourer”: employee who performs the work covered by the professional jurisdiction of Part I of this Decree, excluding the work performed by employees governed by paragraphs 1 and 3 to 18;

(3)  “assistant-mechanic”: employee who works under the constant supervision of a qualified mechanic;

(4)  “driver, class A”: driver of a road vehicle that has a net weight of less than 1,500 kg;

(4.1)  “driver, class B”: driver of a road vehicle that has a net weight of 1,500 kg to 4,500 kg;

(5)  “road-train driver”: driver of a combination of road vehicles consisting of a tractor, semi-trailers and any dollies;

(6)  “truck drive”: driver of a road vehicle that has a net weight in excess of 4,500 kg;

(7)  “tractor semi-trailer driver”: driver of a road vehicle equipped with a fifth wheel designed to pull a semi-trailer;

(8)  “tank-truck driver”: driver of a tank truck;

(9)  “tank-trailer driver”: driver of a tractor designed to pull a tank trailer;

(10)  “float driver”: driver of a float tractor designed to pull a lowered semi-trailer with a goose-neck and used in the transportation of extra-heavy or very large parts whose height, length, width or weight exceeds the legal limits allowed on public highways or roads;

(11)  “loading machinery operator”: employee who drives a vehicle known as a “lift truck” or other loading or unloading machinery;

(12)  “dockman”: employee assigned to the loading or unloading of products or merchandise and who usually works in the warehouse;

(13)  “mechanic”: employee whose main duty consists in maintaining the employer’s vehicles and other equipment;

(14)  “packer”: employee assigned to packing for moving purposes;

(15)  “snow removal vehicle driver”: driver of a road vehicle used for snow removal except for trucks used to transport snow;

(16)  “welder”: employee whose main duty consists in welding metal parts in order to manufacture or repair parts or tools;

(17)  “secretary or shorthand typist”: employee whose main duty consists in preparing or transmitting correspondence, documents or vouchers necessary to the operations of an enterprise in the cartage industry;

(18)  “office clerk”: employee whose work consists, in particular, in taking orders, answering telephone calls and invoicing;

(19)  “cartage industry”: industry in which persons, partnerships or corporations perform, for others and for payment, the transport of merchandise or of any other transportable products or objects;

(20)  “road vehicle”: motorized vehicle that can travel on a road;

(21)  “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;

(22)  “continuous service”: means the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of the work has been interrupted without cancellation of the contract, and the period during which fixed term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract was not renewed.

R.R.Q., 1981, c. D-2, r. 7, s. 1.01; O.C. 86-82, s. 2; O.C. 1338-85, s. 1; O.C. 552-89, s. 1; O.C. 1115-91, s. 2; O.C. 527-96, s. 1; O.C. 580-2001, s. 1; O.C. 736-2005, s. 1; O.C. 68-2008, s. 1; O.C. 115-2009, s. 3.