S-4.2, r. 5.2 - Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions

Section 4 Disposition versions

2021-07-15

4. In this Regulation, unless otherwise indicated by the context,

“administrative reorganization” means an administrative operation resulting from the effect of an Act of a decision on the part of the Minister or a concerned employer and involving the elimination of one or more positions of senior administrator; this includes, among other things, the amalgamation of employers, the integration of one or more employers with another employer, a grouping of employers, a pooling of supervisory resources or the services of several employers, a grouping of an employer’s administrative units or the closure of an employer; (réorganisation administrative)

“assistant executive director” means a senior administrator holding a management position ranked as such by the Minister; (directeur général adjoint)

“association” means the Association des directeurs généraux des services de santé et des services sociaux du Québec; (association)

“continuous service” means the duration of the employment relationship with one or more employers in the public and parapublic sectors, including start-up institutions, as a senior administrator or officer without interruption in the employment relationship for a period of more than 6 months; (service continu)

“dismissal” means the termination by an employer of the contractual employment contract as a senior administrator at any time and for cause; (congédiement)

“employer” means an agency or a public institution; (employeur)

“employers’ association” means the Association des centres jeunesse du Québec, the Association québécoise d’établissements de santé et de services sociaux, the Association des établissements privés conventionnés - santé et services sociaux, the Association des établissements de la réadaptation en déficience physique du Québec, the Fédération québécoise des centres de réadaptation pour personnes alcooliques et autres toxicomanes, and the Fédération québécoise des centres de réadaptation pour personnes en déficience intellectuelle; (association d’employeurs)

“evaluation class” means a ranking unit of the classification system used for the positions of senior administrators and officers that corresponds to an evaluation point range reflecting the relative value of positions; (classe d’évaluation)

“executive director” means a ranking unit of the classification system used for the positions of senior administrators and officers that corresponds to an evaluation point range reflecting the relative value of positions; (classe d’évaluation)

“home base” means the head office of the employer or the place where the senior administrator usually carries on his duties, if different from the head office of the employer; (port d’attache)

“non-renewal of engagement” means the termination by the employer of the employment relationship with a senior administrator at the end of an engagement, but not a layoff; (non-rengagement)

“officer” means a person having line, staff or advisory responsibilities related to the planning, organization, direction, coordination and control functions who is appointed to a regular full-time or part-time management position; (cadre)

“on reserve” means the situation of a senior administrator who has chosen reinstatement following the elimination of his position in accordance with Chapter 5 on employment stability measures; (disponibilité)

“parapublic sector” means the grouping of all public institutions as defined in section 98 of the Act respecting health services and social services (chapter S-4.2), private institutions governed by section 475 of the Act, agencies referred to in section 339 of the Act, school service centres, school boards and general and vocational public colleges; (secteur parapublic)

“parental leave” means any leave prescribed in Chapter 4.1 on the parental rights plan; (congé parental)

“position” means a set of tasks provided for in the employer’s organization plan and classified in accordance with the evaluation system for senior administrator or officer positions established by the Minister; a position may be full-time or part-time; (poste)

“public sector” means government departments or public agencies whose staff is governed by the Public Service Act (chapter F-3.1.1); (secteur public)

“reinstatement” means the transfer of a senior administrator to whom employment stability measures apply to another position of senior administrator, officer, union members or unionizable non-member; (replacement)

“retirement plan” means the Government and Public Employees Retirement Plan (RREGOP) established under the Act respecting the Government and Public Employees Retirement plan (chapter R-10), the Teachers Pension Plan (RRE) established under the Act respecting the Teachers Pension Plan (chapter R-11) or the Civil Service Superannuation Plan (RRF) established under the Act respecting the Civil Service Superannuation Plan (chapter R-12) and the Pension Plan of Management Personnel (RRPE) instituted pursuant to the Act respecting the pension plan of management personnel (chapter R-12.1); (régime de retraite)

“salary” means the portion of direct monetary compensation of an officer corresponding to the salary class established for the position, including adjustments to salary classes and salary progression; (salaire)

“senior administrator” means an executive director, an assistant executive director and a senior managerial advisor; (hors-cadre)

“senior managerial advisor” means a senior administrator holding a full-time or part-time management position ranked as such by the Minister; (conseiller-cadre à la direction générale)

“termination of engagement” means the termination by the employer of the employment contract of a senior administrator before the end of the contract. (résiliation d’engagement)

O.C. 1217-96, s. 4; T.B. 196313, s. 4; M.O. 2006-019, s. 1; M.O. 2007-006, s. 1; O.C. 816-2021, s. 99.

2012-09-01

4. In this Regulation, unless otherwise indicated by the context,

“administrative reorganization” means an administrative operation resulting from the effect of an Act of a decision on the part of the Minister or a concerned employer and involving the elimination of one or more positions of senior administrator; this includes, among other things, the amalgamation of employers, the integration of one or more employers with another employer, a grouping of employers, a pooling of supervisory resources or the services of several employers, a grouping of an employer’s administrative units or the closure of an employer; (réorganisation administrative)

“assistant executive director” means a senior administrator holding a management position ranked as such by the Minister; (directeur général adjoint)

“association” means the Association des directeurs généraux des services de santé et des services sociaux du Québec; (association)

“continuous service” means the duration of the employment relationship with one or more employers in the public and parapublic sectors, including start-up institutions, as a senior administrator or officer without interruption in the employment relationship for a period of more than 6 months; (service continu)

“dismissal” means the termination by an employer of the contractual employment contract as a senior administrator at any time and for cause; (congédiement)

“employer” means an agency or a public institution; (employeur)

“employers’ association” means the Association des centres jeunesse du Québec, the Association québécoise d’établissements de santé et de services sociaux, the Association des établissements privés conventionnés - santé et services sociaux, the Association des établissements de la réadaptation en déficience physique du Québec, the Fédération québécoise des centres de réadaptation pour personnes alcooliques et autres toxicomanes, and the Fédération québécoise des centres de réadaptation pour personnes en déficience intellectuelle; (association d’employeurs)

“evaluation class” means a ranking unit of the classification system used for the positions of senior administrators and officers that corresponds to an evaluation point range reflecting the relative value of positions; (classe d’évaluation)

“executive director” means a senior administrator holding a full-time or part-time regular management position ranked as such by the Minister; (directeur général)

“home base” means the head office of the employer or the place where the senior administrator usually carries on his duties, if different from the head office of the employer; (port d’attache)

“non-renewal of engagement” means the termination by the employer of the employment relationship with a senior administrator at the end of an engagement, but not a layoff; (non-rengagement)

“officer” means a person having line, staff or advisory responsibilities related to the planning, organization, direction, coordination and control functions who is appointed to a regular full-time or part-time management position; (cadre)

“on reserve” means the situation of a senior administrator who has chosen reinstatement following the elimination of his position in accordance with Chapter 5 on employment stability measures; (disponibilité)

“parapublic sector” means the grouping of all public institutions as defined in section 98 of the Act respecting health services and social services (chapter S-4.2), private institutions governed by section 475 of the Act, agencies referred to in section 339 of the Act, school boards and general and vocational public colleges; (secteur parapublic)

“parental leave” means any leave prescribed in Chapter 4.1 on the parental rights plan; (congé parental)

“position” means a set of tasks provided for in the employer’s organization plan and classified in accordance with the evaluation system for senior administrator or officer positions established by the Minister; a position may be full-time or part-time; (poste)

“public sector” means government departments or public agencies whose staff is governed by the Public Service Act (chapter F-3.1.1); (secteur public)

“reinstatement” means the transfer of a senior administrator to whom employment stability measures apply to another position of senior administrator, officer, union members or unionizable non-member; (replacement)

“retirement plan” means the Government and Public Employees Retirement Plan (RREGOP) established under the Act respecting the Government and Public Employees Retirement plan (chapter R-10), the Teachers Pension Plan (RRE) established under the Act respecting the Teachers Pension Plan (chapter R-11) or the Civil Service Superannuation Plan (RRF) established under the Act respecting the Civil Service Superannuation Plan (chapter R-12) and the Pension Plan of Management Personnel (RRPE) instituted pursuant to the Act respecting the pension plan of management personnel (chapter R-12.1); (régime de retraite)

“salary” means the portion of direct monetary compensation of an officer corresponding to the salary class established for the position, including adjustments to salary classes and salary progression; (salaire)

“senior administrator” means an executive director, an assistant executive director and a senior managerial advisor; (hors-cadre)

“senior managerial advisor” means a senior administrator holding a full-time or part-time management position ranked as such by the Minister; (conseiller-cadre à la direction générale)

“termination of engagement” means the termination by the employer of the employment contract of a senior administrator before the end of the contract. (résiliation d’engagement)

O.C. 1217-96, s. 4; T.B. 196313, s. 4; M.O. 2006-019, s. 1; M.O. 2007-006, s. 1.