S-2.1, r. 5 - Regulation respecting health and safety committees

Section 10 Disposition versions

2012-09-01

10. Where several certified associations representing all the workers of an establishment fail to agree on the appointment of workers on a committee, the workers are appointed in accordance with the following terms and conditions:

(1)  the certified association that, where applicable, represents the absolute majority of the workers shall appoint the absolute majority of the workers’ representatives on the committee;

(2)  (a)  subject to the provisions in subparagraph b, the certified associations not referred to in paragraph 1 shall appoint, where applicable, their representatives on the committee in accordance with the following procedures:

i.  the certified association that represents the highest percentage of workers of an establishment appoints a representative;

ii.  the percentage of the certified association that made the last appointment is reduced by half;

iii.  the certified association that then represents the highest percentage of workers appoints another representative;

iv.  the procedure outlined in ii and iii is repeated until no more appointments remain.

A certified association may join together with one or several other certified associations for the purposes of applying this subparagraph. The overall percentage of workers represented by the joining together in the establishment is thus taken into consideration.

Where 2 or several certified associations or groups of associations have an equal number of representatives, the representative is appointed by a draw, with each association or group of associations presenting the name of one candidate for the draw. The representative is deemed appointed by the association or group of associations whose candidate’s name is drawn.

(b)  if, as a result of applying the terms and conditions of appointment described in subparagraph a, a certified association or group of certified associations could not appoint a representative on the committee, and despite subparagraph a, the last representative to be appointed is appointed by a draw between the certified associations or groups of certified associations that have not appointed a representative on the committee.

A certified association authorized to appoint a workers’ representative on the committee that fails to do so within 30 days after a failure to reach an agreement is noted is deemed to have refused or neglected to appoint its representative on the committee.

O.C. 2025-83, s. 10.