D-2, r. 9 - Decree respecting the automotive services industry in the Lanaudière-Laurentides regions

Section 1.01 Disposition versions

2022-11-01

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

(1)  “apprentice” : employee who learns one of the trades for which the parity committee delivers a qualification certificate;

(2)  “artisan” : person working on his own account alone or in partnership and who performs work governed by the Decree for others;

(3)  “parts clerk” : employee whose duties are related mainly to distributing or selling vehicle parts, accessories or tires where such parts, accessories or tires are distributed or sold to garages, service stations, parts shops, new or used car dealers and to any establishment whose activities are governed by the Decree or where such parts, accessories or tires are used by those establishments when performing work governed by the Decree and who has fulfilled the necessary conditions in order to obtain the qualification certificate required by the parity committee;

(4)  “messenger” : employee working in an establishment where the work governed by the Decree is performed, whose duties are related mainly to delivering vehicle parts, accessories or tires;

(5)  “journeyman” : employee whose duties are related mainly to performing one or another of the following tasks: maintenance, tests, inspection, changes and alterations or other work of the same type, necessary or useful to keep a vehicle in good working order, and who has been qualified by the parity committee for one or more of the following trades: bodyman, mechanic, painter, wheel aligner;

(6)  “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;

(7)  “dismantler” : employee whose duties are related mainly to dismantling a vehicle for the purposes of selling or storing the parts;

(8)  “grade” : period during which an employee acquires 2,000 hours of experience in one of the trades provided for in the Decree. Only those hours currently worked are taken into account in the computation of hours of experience;

(9)  “combination of road vehicles” : a combination of vehicles composed of a motorized heavy road vehicle hauling a trailer, a semi-trailer or a detachable axle;

(10)  “washer” : employee whose duties are related mainly to one or another of the following tasks: washing, cleaning, wiping or waxing vehicles or their parts, by hand or with machines;

(11)  

“semiskilled worker” : employee whose duties are related mainly to one or another of the following tasks:

(a)  restoring, overhauling, repairing or retooling vehicle parts or accessories without assembling them on the vehicle, and examining parts or accessories sold with guarantees, whether or not they are installed on a vehicle, where they are returned because of a defect;

(b)  installing accessories, upholstery, hubcaps, windshields or windows;

(c)  installing, repairing, removing or installing a radiator, trailer hitch or radio;

(d)  installing and repairing plates and springs of a heavy road vehicle or a combination of road vehicles;

(11.1)  “relative” means 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 of the employee or the employee’s spouse or a person under the tutorship 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;

(12)  (paragraph revoked);

(13)  “service attendant” : employee whose duties are related mainly to one or another of the following tasks: inspection or visual inspection only, lubricating, changing oil, applying anti-rust, balancing wheels, installing or repairing tires, tire pressure sensors, windshield wipers, light bulbs, filters, mufflers, except parts of those systems included between the engine and the catalyst inclusively, and installing or boosting road vehicle batteries. A service attendant may also change all fluids except for the air conditioning system. A service attendant may also restore to its initial condition the oil change indicator and the tire pressure indicator.

A service attendant may perform the duties mentioned in the preceding paragraph only insofar as those duties do not require the service attendant to handle other parts or other components of a system.

A service attendant may not carry on any other task included in the duties of a trade without holding an apprenticeship card for the trade, regardless of the proportion of such tasks in relation to all the tasks the service attendant is authorized to carry out;

(14)  (paragraph revoked);

(14.1)  “part-time employee” : employee other than an apprentice, a journeyman, a dismantler or a semiskilled worker who, for a given week, has worked less than 30 hours. This status is evaluated each workweek;

(15)  “uninterrupted service” : the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of 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;

(16)  “vehicle” : a combination of road vehicles and a heavy road vehicle within the meaning of this Decree as well as a motor vehicle and a road vehicle as defined in section 4 of the Highway Safety Code (chapter C-24.2), excluding mopeds and motorcycles as defined in section 4 of the Code, an all-terrain vehicle as defined in section 1 of the Regulation respecting all-terrain vehicles (chapter V-1.2, r. 6), a snowmobile as defined in section 1 of the Regulation respecting snowmobiles (chapter V-1.2, r. 1) and any other vehicle intended to be used off public roads owing to its nature, purpose or the operation of a law;

(17)  “heavy road vehicle” : a road vehicle whose net mass is 4,500 kg or more.

R.R.Q., 1981, c. D-2, r. 44, s. 1.01; O.C. 2573-82, s. 1; O.C. 556-89, s. 1; O.C. 619-92, s. 2; O.C. 630-98, s. 1; O.C. 1385-99, s. 3; O.C. 102-2003, s. 1; O.C. 781-2005, s. 1; O.C. 771-2009, s. 1; O.C. 988-2011, s. 1; O.C. 156-2020, s. 1; O.C. 179-2022, s. 1.

2022-03-02

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

(1)  “apprentice” : employee who learns one of the trades for which the parity committee delivers a qualification certificate;

(2)  “artisan” : person working on his own account alone or in partnership and who performs work governed by the Decree for others;

(3)  “parts clerk” : employee whose duties are related mainly to distributing or selling vehicle parts, accessories or tires where such parts, accessories or tires are distributed or sold to garages, service stations, parts shops, new or used car dealers and to any establishment whose activities are governed by the Decree or where such parts, accessories or tires are used by those establishments when performing work governed by the Decree and who has fulfilled the necessary conditions in order to obtain the qualification certificate required by the parity committee;

(4)  “messenger” : employee working in an establishment where the work governed by the Decree is performed, whose duties are related mainly to delivering vehicle parts, accessories or tires;

(5)  “journeyman” : employee whose duties are related mainly to performing one or another of the following tasks: maintenance, tests, inspection, changes and alterations or other work of the same type, necessary or useful to keep a vehicle in good working order, and who has been qualified by the parity committee for one or more of the following trades: bodyman, mechanic, painter, wheel aligner;

(6)  “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;

(7)  “dismantler” : employee whose duties are related mainly to dismantling a vehicle for the purposes of selling or storing the parts;

(8)  “grade” : period during which an employee acquires 2,000 hours of experience in one of the trades provided for in the Decree. Only those hours currently worked are taken into account in the computation of hours of experience;

(9)  “combination of road vehicles” : a combination of vehicles composed of a motorized heavy road vehicle hauling a trailer, a semi-trailer or a detachable axle;

(10)  “washer” : employee whose duties are related mainly to one or another of the following tasks: washing, cleaning, wiping or waxing vehicles or their parts, by hand or with machines;

(11)  

“semiskilled worker” : employee whose duties are related mainly to one or another of the following tasks:

(a)  restoring, overhauling, repairing or retooling vehicle parts or accessories without assembling them on the vehicle, and examining parts or accessories sold with guarantees, whether or not they are installed on a vehicle, where they are returned because of a defect;

(b)  installing accessories, upholstery, hubcaps, windshields or windows;

(c)  installing, repairing, removing or installing a radiator, trailer hitch or radio;

(d)  installing and repairing plates and springs of a heavy road vehicle or a combination of road vehicles;

(11.1)  “relative” means 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;

(12)  (paragraph revoked);

(13)  “service attendant” : employee whose duties are related mainly to one or another of the following tasks: inspection or visual inspection only, lubricating, changing oil, applying anti-rust, balancing wheels, installing or repairing tires, tire pressure sensors, windshield wipers, light bulbs, filters, mufflers, except parts of those systems included between the engine and the catalyst inclusively, and installing or boosting road vehicle batteries. A service attendant may also change all fluids except for the air conditioning system. A service attendant may also restore to its initial condition the oil change indicator and the tire pressure indicator.

A service attendant may perform the duties mentioned in the preceding paragraph only insofar as those duties do not require the service attendant to handle other parts or other components of a system.

A service attendant may not carry on any other task included in the duties of a trade without holding an apprenticeship card for the trade, regardless of the proportion of such tasks in relation to all the tasks the service attendant is authorized to carry out;

(14)  (paragraph revoked);

(14.1)  “part-time employee” : employee other than an apprentice, a journeyman, a dismantler or a semiskilled worker who, for a given week, has worked less than 30 hours. This status is evaluated each workweek;

(15)  “uninterrupted service” : the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of 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;

(16)  “vehicle” : a combination of road vehicles and a heavy road vehicle within the meaning of this Decree as well as a motor vehicle and a road vehicle as defined in section 4 of the Highway Safety Code (chapter C-24.2), excluding mopeds and motorcycles as defined in section 4 of the Code, an all-terrain vehicle as defined in section 1 of the Regulation respecting all-terrain vehicles (chapter V-1.2, r. 6), a snowmobile as defined in section 1 of the Regulation respecting snowmobiles (chapter V-1.2, r. 1) and any other vehicle intended to be used off public roads owing to its nature, purpose or the operation of a law;

(17)  “heavy road vehicle” : a road vehicle whose net mass is 4,500 kg or more.

R.R.Q., 1981, c. D-2, r. 44, s. 1.01; O.C. 2573-82, s. 1; O.C. 556-89, s. 1; O.C. 619-92, s. 2; O.C. 630-98, s. 1; O.C. 1385-99, s. 3; O.C. 102-2003, s. 1; O.C. 781-2005, s. 1; O.C. 771-2009, s. 1; O.C. 988-2011, s. 1; O.C. 156-2020, s. 1; O.C. 179-2022, s. 1.

2020-03-11

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

(1)  “apprentice” : employee who learns one of the trades for which the parity committee delivers a qualification certificate;

(2)  “artisan” : person working on his own account alone or in partnership and who performs work governed by the Decree for others;

(3)  “parts clerk” : employee whose duties are related mainly to distributing or selling vehicle parts, accessories or tires where such parts, accessories or tires are distributed or sold to garages, service stations, parts shops, new or used car dealers and to any establishment whose activities are governed by the Decree or where such parts, accessories or tires are used by those establishments when performing work governed by the Decree and who has fulfilled the necessary conditions in order to obtain the qualification certificate required by the parity committee;

(4)  “messenger” : employee working in an establishment where the work governed by the Decree is performed, whose duties are related mainly to delivering vehicle parts, accessories or tires;

(5)  “journeyman” : employee whose duties are related mainly to performing one or another of the following tasks: maintenance, tests, inspection, changes and alterations or other work of the same type, necessary or useful to keep a vehicle in good working order, and who has been qualified by the parity committee for one or more of the following trades related to the automobile industry: wheelwright, bodyman, electrician, blacksmith, machinist, mechanic, upholsterer, upholsterer cleaner, painter, welder, radiator specialist, wheel alignment specialist, tune-up specialist, brake specialist, differential specialist, frame specialist, exhaust system specialist, tester, automatic transmission specialist, suspension specialist, tire specialist and door and moulding adjuster;

(6)  “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;

(7)  “dismantler” : employee whose duties are related mainly to dismantling a vehicle for the purposes of selling or storing the parts;

(8)  “grade” : period during which an employee acquires 2,000 hours of experience in one of the trades provided for in the Decree. Only those hours currently worked are taken into account in the computation of hours of experience;

(9)  “combination of road vehicles” : a combination of vehicles composed of a motorized heavy road vehicle hauling a trailer, a semi-trailer or a detachable axle;

(10)  “washer” : employee whose duties are related mainly to one or another of the following tasks: washing, cleaning, wiping or waxing vehicles or their parts, by hand or with machines;

(11)  “semiskilled worker” : employee whose duties are related mainly to one or another of the following tasks:

(a)  restoring, overhauling, repairing or retooling vehicle parts or accessories without assembling them on the vehicle, and examining parts or accessories sold with guarantees, whether or not they are installed on a vehicle, where they are returned because of a defect;

(b)  installing accessories, upholstery, hubcaps, windshields or windows;

(c)  installing, repairing, removing or installing a radiator, trailer hitch or radio;

(d)  installing and repairing plates and springs of a heavy road vehicle or a combination of road vehicles;

(11.1)  “relative” means 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;

(12)  (paragraph revoked);

(13)  “service attendant” : employee whose duties are related mainly to one or another of the following tasks:

(a)  lubricating, changing oil, applying anti-rust, balancing wheels, installing, repairing, removing or installing shock absorbers, windshield wipers, headlights, filters, tires and mufflers, and installing or boosting vehicle batteries;

(b)  transporting customers only if he performs other tasks governed by the Decree;

(14)  (paragraph revoked);

(14.1)  “part-time employee” : employee other than an apprentice, a journeyman, a dismantler or a semiskilled worker who, for a given week, has worked less than 30 hours. This status is evaluated each workweek;

(15)  “uninterrupted service” : the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of 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;

(16)  “vehicle” : a combination of road vehicles and a heavy road vehicle within the meaning of this Decree as well as a motor vehicle and a road vehicle as defined in section 4 of the Highway Safety Code (chapter C-24.2), excluding mopeds and motorcycles as defined in section 4 of the Code, an all-terrain vehicle as defined in section 1 of the Regulation respecting all-terrain vehicles (chapter V-1.2, r. 6), a snowmobile as defined in section 1 of the Regulation respecting snowmobiles (chapter V-1.2, r. 1) and any other vehicle intended to be used off public roads owing to its nature, purpose or the operation of a law;

(17)  “heavy road vehicle” : a road vehicle whose net mass is 4,500 kg or more.

R.R.Q., 1981, c. D-2, r. 44, s. 1.01; O.C. 2573-82, s. 1; O.C. 556-89, s. 1; O.C. 619-92, s. 2; O.C. 630-98, s. 1; O.C. 1385-99, s. 3; O.C. 102-2003, s. 1; O.C. 781-2005, s. 1; O.C. 771-2009, s. 1; O.C. 988-2011, s. 1; O.C. 156-2020, s. 1.

2012-09-01

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

(1)  “apprentice”: employee who learns one of the trades for which the parity committee delivers a qualification certificate;

(2)  “artisan”: person working on his own account alone or in partnership and who performs work governed by the Decree for others;

(3)  “parts clerk”: employee whose duties are related mainly to distributing or selling vehicle parts, accessories or tires where such parts, accessories or tires are distributed or sold to garages, service stations, parts shops, new or used car dealers and to any establishment whose activities are governed by the Decree or where such parts, accessories or tires are used by those establishments when performing work governed by the Decree and who has fulfilled the necessary conditions in order to obtain the qualification certificate required by the parity committee;

(4)  “messenger”: employee working in an establishment where the work governed by the Decree is performed, whose duties are related mainly to delivering vehicle parts, accessories or tires;

(5)  “journeyman”: employee whose duties are related mainly to performing one or another of the following tasks: maintenance, tests, inspection, changes and alterations or other work of the same type, necessary or useful to keep a vehicle in good working order, and who has been qualified by the parity committee for one or more of the following trades related to the automobile industry: wheelwright, bodyman, electrician, blacksmith, machinist, mechanic, upholsterer, upholsterer cleaner, painter, welder, radiator specialist, wheel alignment specialist, tune-up specialist, brake specialist, differential specialist, frame specialist, exhaust system specialist, tester, automatic transmission specialist, suspension specialist, tire specialist and door and moulding adjuster;

(6)  “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;

(7)  “dismantler”: employee whose duties are related mainly to dismantling a vehicle for the purposes of selling or storing the parts;

(8)  “grade”: period during which an employee acquires 2,000 hours of experience in one of the trades provided for in the Decree. Only those hours currently worked are taken into account in the computation of hours of experience;

(9)  “combination of road vehicles”: a combination of vehicles composed of a motorized heavy road vehicle hauling a trailer, a semi-trailer or a detachable axle;

(10)  “washer”: employee whose duties are related mainly to one or another of the following tasks: washing, cleaning, wiping or waxing vehicles or their parts, by hand or with machines;

(11)  “semiskilled worker”: employee whose duties are related mainly to one or another of the following tasks:

(a)  restoring, overhauling, repairing or retooling vehicle parts or accessories without assembling them on the vehicle, and examining parts or accessories sold with guarantees, whether or not they are installed on a vehicle, where they are returned because of a defect;

(b)  installing accessories, upholstery, hubcaps, windshields or windows;

(c)  installing, repairing, removing or installing a radiator, trailer hitch or radio;

(d)  installing and repairing plates and springs of a heavy road vehicle or a combination of road vehicles;

(12)  “pump attendant”: employee whose duties are related mainly to the sale of gasoline or lubricants and to the supervision of pumps;

(13)  “service attendant”: employee whose duties are related mainly to one or another of the following tasks:

(a)  lubricating, changing oil, applying anti-rust, balancing wheels, installing, repairing, removing or installing shock absorbers, windshield wipers, headlights, filters, tires and mufflers, and installing or boosting vehicle batteries;

(b)  transporting customers only if he performs other tasks governed by the Decree;

(14)  (paragraph revoked);

(14.1)  “part-time employee”: employee other than an apprentice, a journeyman, a dismantler or a semiskilled worker who, for a given week, has worked less than 30 hours. This status is evaluated each workweek;

(15)  “uninterrupted service”: the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of 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;

(16)  “vehicle”: a combination of road vehicles and a heavy road vehicle within the meaning of this Decree as well as a motor vehicle and a road vehicle as defined in section 4 of the Highway Safety Code (chapter C-24.2), excluding mopeds and motorcycles as defined in section 4 of the Code, an all-terrain vehicle as defined in section 1 of the Regulation respecting all-terrain vehicles (chapter V-1.2, r. 6), a snowmobile as defined in section 1 of the Regulation respecting snowmobiles (chapter V-1.2, r. 1) and any other vehicle intended to be used off public roads owing to its nature, purpose or the operation of a law;

(17)  “heavy road vehicle”: a road vehicle whose net mass is 4,500 kg or more.

R.R.Q., 1981, c. D-2, r. 44, s. 1.01; O.C. 2573-82, s. 1; O.C. 556-89, s. 1; O.C. 619-92, s. 2; O.C. 630-98, s. 1; O.C. 1385-99, s. 3; O.C. 102-2003, s. 1; O.C. 781-2005, s. 1; O.C. 771-2009, s. 1; O.C. 988-2011, s. 1.