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

Section 13.01 Disposition versions

2023-01-25

13.01. In this Part, unless the context indicates otherwise, the following terms mean:

(1)  “helper” : employee who collects or unloads solid waste;

(2)  “driver, Class I” : employee who drives a vehicle with the help of more than 1 helper;

(3)  “driver, Class II” : employee who drives a vehicle alone or with the help of 1 helper;

(4)  “driver, Class III” : employee who drives a vehicle with a double-steering and who collects solid waste;

(4.1)  “driver, Class IV” : employee who alone drives a straight truck with a tilt subframe;

(5)  “solid waste” : any waste product solid at 20 °C from industrial, commercial or agricultural activities, detritus, incineration residue, domestic garbage, rubbish, rubble and other trash solid at 20 °C; any product mentioned above that is collected for the purposes of recovery or recycling is also included.

Automobile bodies, soils and sands soaked with hydrocarbons, pesticides, explosive or spontaneously flammable products, pathological waste, manure, mining residues and radioactive waste, muds and solid residues from pulp and paper mills or from sawmills are excluded;

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

(6)  “mechanic” : employee whose duties are mainly connected to the mechanical repair and maintenance of a vehicle or to body repair;

(7)  “serviceman” : employee whose duties are mainly connected to the maintenance of a vehicle other than mechanical maintenance;

(8)  “welder” : employee whose main duties consist in welding metal parts in order to make or repair parts or tools;

(9)  “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;

(9.1)  “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;

(10)  “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 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. 13.01; O.C. 1393-91, s. 1; O.C. 955-93, s. 2; O.C. 569-95, s. 1; O.C. 580-2001, s. 4; O.C. 736-2005, s. 16; O.C. 42-2023, s. 10.

2012-09-01

13.01. In this Part, unless the context indicates otherwise, the following terms mean:

(1)  “helper”: employee who collects or unloads solid waste;

(2)  “driver, Class I”: employee who drives a vehicle with the help of more than 1 helper;

(3)  “driver, Class II”: employee who drives a vehicle alone or with the help of 1 helper;

(4)  “driver, Class III”: employee who drives a vehicle with a double-steering and who collects solid waste;

(4.1)  “driver, Class IV”: employee who alone drives a straight truck with a tilt subframe;

(5)  “solid waste”: any waste product solid at 20 ºC from industrial, commercial or agricultural activities, detritus, incineration residue, domestic garbage, rubbish, rubble and other trash solid at 20 ºC, except for automobile vehicle bodies, soils and sands soaked with hydrocarbons, pesticides, explosive or spontaneously flammable products, pathological waste, manures, mining residues and radioactive waste, muds and solid residues from pulp and paper mills or from sawmills; the abovementioned products are also included if they are collected for the purposes of recovery or recycling;

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

(6)  “mechanic”: employee whose duties are mainly connected to the mechanical repair and maintenance of a vehicle or to body repair;

(7)  “serviceman”: employee whose duties are mainly connected to the maintenance of a vehicle other than mechanical maintenance;

(8)  “welder”: employee whose main duties consist in welding metal parts in order to make or repair parts or tools;

(9)  “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;

(10)  “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 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. 13.01; O.C. 1393-91, s. 1; O.C. 955-93, s. 2; O.C. 569-95, s. 1; O.C. 580-2001, s. 4; O.C. 736-2005, s. 16.