D-2, r. 15 - Decree respecting building service employees in the Montréal region

Section 1.01 Disposition versions

2021-07-15

1.01. In this Decree, the following words and expressions mean:

(a)  “public building” : a school, a vocational training centre and an adult education centre established by a school service centre or school board, a college established under the General and Vocational Colleges Act (chapter C-29), an education institution at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1), a private educational establishment governed by the Act respecting private education (chapter E-9.1), an establishment within the meaning of the Act respecting health services and social services (chapter S-4.2), an establishment housing a non-profit social and community organization, a day care centre, kindergarten, stop-over centre or childcare centre within the meaning of the Act respecting childcare centres and other childcare services (chapter C-8.2), a clinic, convalescent home, shelter or other establishments for the needy, a public library, cultural centre, museum, exhibition hall, heritage interpretation centre, a church, chapel, convent, monastery, novitiate, a hall for public entertainment, a cinema, theatre, café, club, bar, restaurant, cafeteria, tavern, brasserie, hotel, motel, inn, conference hall, municipal hall, an exhibition, fair, stands on race-courses or used for public or sporting amusements or other events, an arena, plant, industry, workroom, manufacture, warehouse, government building, office, office building, bank, credit union, store, shopping centre, tunnel, station, airport, ship berth, railway terminal or car terminal, a house with several apartments or dwelling units and any other place similar to one of the buildings mentioned in this paragraph or used as such;

(b)  “regular employee” : any employee who has worked 280 hours for his employer.

The employee reintegrated by the employer who has not acquired regular status shall complete the missing hours.

(c)  “maintenance work” : any work connected with washing, cleaning and sweeping, or other work of the same type performed inside or outside of a public building;

(d)  “Class A work” : heavy maintenance work such as washing walls, windows, ceilings, light fixtures, chalk-boards, sweeping floors with a dust mop one metre or more in width; stripping, washing or treating floors, removing spots on floors with a wet mop that is more than 340.2 g and a bucket that is more than 12 litres, cleaning carpets, removing waste and the contents of recycling bins larger than 11.34 kg and dusting areas not accessible from floor level;

(e)  “Class B work” : any light maintenance work in areas accessible from floor level exclusively, such as dusting, cleaning offices, tables, chairs and other furniture, cleaning ashtrays and wastepaper baskets of 11.34 kg or less, washing light fixtures and cleaning marks on walls and floors with a wet mop that is 340.2 g or less and a bucket that is 12 litres or less, sweeping floors with a broom, a dust mop or a vacuum cleaner, washing glass partitions and doing light maintenance of washrooms;

(f)  “Class C work” : the washing of windows and interior and exterior surfaces of buildings requiring the employee to work above ground on a scaffold, bosun’s chair or to be held by safety belts inside or outside windows;

(g)  “working day” : a day on which an employee is normally asked to work;

(h)  “professional employer” : an employer who has in his employ 1 or more employees covered by the jurisdiction of the Decree;

(i)  “employer” : any person, partnership, firm or corporation that has maintenance work done by an employee;

(j)  “uninterrupted service” : 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 which, under the circumstances, would make it possible to conclude that the contract was not renewed;

(k)  “spouse” means either of 2 persons who:

i.  are married or in a civil union and cohabiting;

ii.  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;

iii.  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more.

(l)  “Parity Committee” : Comité paritaire de l’entretien d’édifices publics, région de Montréal.

R.R.Q., 1981, c. D-2, r. 39, s. 1.01; O.C. 275-82, s. 1; O.C. 1810-89, s. 2; O.C. 262-94, s. 1; Erratum, 1994 G.O. 2, 1259; O.C. 1382-99, s. 1; O.C. 1436-2001, s. 1; O.C. 736-2005, s. 1; O.C. 352-2006, s. 1; O.C. 1097-2011, s. 1; O.C. 289-2021, s. 2; O.C. 816-2021, s. 44.

2021-03-31

1.01. In this Decree, the following words and expressions mean:

(a)  “public building” : a school, a vocational training centre and an adult education centre established by a school board, a college established under the General and Vocational Colleges Act (chapter C-29), an education institution at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1), a private educational establishment governed by the Act respecting private education (chapter E-9.1), an establishment within the meaning of the Act respecting health services and social services (chapter S-4.2), an establishment housing a non-profit social and community organization, a day care centre, kindergarten, stop-over centre or childcare centre within the meaning of the Act respecting childcare centres and other childcare services (chapter C-8.2), a clinic, convalescent home, shelter or other establishments for the needy, a public library, cultural centre, museum, exhibition hall, heritage interpretation centre, a church, chapel, convent, monastery, novitiate, a hall for public entertainment, a cinema, theatre, café, club, bar, restaurant, cafeteria, tavern, brasserie, hotel, motel, inn, conference hall, municipal hall, an exhibition, fair, stands on race-courses or used for public or sporting amusements or other events, an arena, plant, industry, workroom, manufacture, warehouse, government building, office, office building, bank, credit union, store, shopping centre, tunnel, station, airport, ship berth, railway terminal or car terminal, a house with several apartments or dwelling units and any other place similar to one of the buildings mentioned in this paragraph or used as such;

(b)  “regular employee” : any employee who has worked 280 hours for his employer.

The employee reintegrated by the employer who has not acquired regular status shall complete the missing hours.

(c)  “maintenance work” : any work connected with washing, cleaning and sweeping, or other work of the same type performed inside or outside of a public building;

(d)  “Class A work” : heavy maintenance work such as washing walls, windows, ceilings, light fixtures, chalk-boards, sweeping floors with a dust mop one metre or more in width; stripping, washing or treating floors, removing spots on floors with a wet mop that is more than 340.2 g and a bucket that is more than 12 litres, cleaning carpets, removing waste and the contents of recycling bins larger than 11.34 kg and dusting areas not accessible from floor level;

(e)  “Class B work” : any light maintenance work in areas accessible from floor level exclusively, such as dusting, cleaning offices, tables, chairs and other furniture, cleaning ashtrays and wastepaper baskets of 11.34 kg or less, washing light fixtures and cleaning marks on walls and floors with a wet mop that is 340.2 g or less and a bucket that is 12 litres or less, sweeping floors with a broom, a dust mop or a vacuum cleaner, washing glass partitions and doing light maintenance of washrooms;

(f)  “Class C work” : the washing of windows and interior and exterior surfaces of buildings requiring the employee to work above ground on a scaffold, bosun’s chair or to be held by safety belts inside or outside windows;

(g)  “working day” : a day on which an employee is normally asked to work;

(h)  “professional employer” : an employer who has in his employ 1 or more employees covered by the jurisdiction of the Decree;

(i)  “employer” : any person, partnership, firm or corporation that has maintenance work done by an employee;

(j)  “uninterrupted service” : 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 which, under the circumstances, would make it possible to conclude that the contract was not renewed;

(k)  “spouse” means either of 2 persons who:

i.  are married or in a civil union and cohabiting;

ii.  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;

iii.  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more.

(l)  “Parity Committee” : Comité paritaire de l’entretien d’édifices publics, région de Montréal.

R.R.Q., 1981, c. D-2, r. 39, s. 1.01; O.C. 275-82, s. 1; O.C. 1810-89, s. 2; O.C. 262-94, s. 1; Erratum, 1994 G.O. 2, 1259; O.C. 1382-99, s. 1; O.C. 1436-2001, s. 1; O.C. 736-2005, s. 1; O.C. 352-2006, s. 1; O.C. 1097-2011, s. 1; O.C. 289-2021, s. 2.

2012-09-01

1.01. In this Decree, the following words and expressions mean:

(a)  “public building”: a school, a vocational training centre and an adult education centre established by a school board, a college established under the General and Vocational Colleges Act (chapter C-29), an education institution at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1), a private educational establishment governed by the Act respecting private education (chapter E-9.1), an establishment within the meaning of the Act respecting health services and social services (chapter S-4.2), an establishment housing a non-profit social and community organization, a day care centre, kindergarten, stop-over centre or childcare centre within the meaning of the Act respecting childcare centres and other childcare services (chapter C-8.2), a clinic, convalescent home, shelter or other establishments for the needy, a public library, cultural centre, museum, exhibition hall, heritage interpretation centre, a church, chapel, convent, monastery, novitiate, a hall for public entertainment, a cinema, theatre, café, club, bar, restaurant, cafeteria, tavern, brasserie, hotel, motel, inn, conference hall, municipal hall, an exhibition, fair, stands on race-courses or used for public or sporting amusements or other events, an arena, plant, industry, workroom, manufacture, warehouse, government building, office, office building, bank, credit union, store, shopping centre, tunnel, station, airport, ship berth, railway terminal or car terminal, a house with several apartments or dwelling units and any other place similar to one of the buildings mentioned in this paragraph or used as such;

(b)  “regular employee”: any employee who has worked 280 hours for his employer.

The employee reintegrated by the employer who has not acquired regular status shall complete the missing hours.

(c)  “maintenance work”: any work connected with washing, cleaning and sweeping, or other work of the same type performed inside or outside of a public building;

(d)  “Class A work”: heavy maintenance work such as washing walls, windows, ceilings, light fixtures, chalk-boards, sweeping floors with a dust mop one metre or more in width; stripping, washing or treating floors, removing spots on floors with a wet mop that is more than 340.2 g and a bucket that is more than 12 litres, cleaning carpets, removing waste and the contents of recycling bins larger than 11.34 kg and dusting areas not accessible from floor level;

(e)  “Class B work”: any light maintenance work in areas accessible from floor level exclusively, such as dusting, cleaning offices, tables, chairs and other furniture, cleaning ashtrays and wastepaper baskets of 11.34 kg or less, washing light fixtures and cleaning marks on walls and floors with a wet mop that is 340.2 g or less and a bucket that is 12 litres or less, sweeping floors with a broom, a dust mop or a vacuum cleaner, washing glass partitions and doing light maintenance of washrooms;

(f)  “Class C work”: the washing of windows and interior and exterior surfaces of buildings requiring the employee to work above ground on a scaffold, bosun’s chair or to be held by safety belts inside or outside windows;

(g)  “working day”: a day on which an employee is normally asked to work;

(h)  “professional employer”: an employer who has in his employ 1 or more employees covered by the jurisdiction of the Decree;

(i)  “employer”: any person, partnership, firm or corporation that has maintenance work done by an employee;

(j)  “uninterrupted service”: 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 which, under the circumstances, would make it possible to conclude that the contract was not renewed;

(k)  “spouse” means either of 2 persons who:

i.  are married or in a civil union and cohabiting;

ii.  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;

iii.  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more.

R.R.Q., 1981, c. D-2, r. 39, s. 1.01; O.C. 275-82, s. 1; O.C. 1810-89, s. 2; O.C. 262-94, s. 1; Erratum, 1994 G.O. 2, 1259; O.C. 1382-99, s. 1; O.C. 1436-2001, s. 1; O.C. 736-2005, s. 1; O.C. 352-2006, s. 1; O.C. 1097-2011, s. 1.