D-2, r. 10 - Decree respecting the automotive services industry in the Montréal region

Section 2.01 Disposition versions

2012-09-01

2.01. Professional and Industrial Jurisdiction

(1)  The Decree applies to the following work:

(a)  repairing, altering or inspecting a vehicle, its parts or accessories;

(b)  restoring, overhauling, repairing, retooling, or any other work of the same type performed on vehicle parts, accessories or tires, as well as their installation on that vehicle;

(c)  completely or partially dismantling a vehicle;

(d)  selling gasoline, lubricants or any other similar products used for a vehicle where, in the establishment where such work is performed, work specified in paragraphs a, b, c, f or g is also performed;

(e)   washing, waxing or cleaning a vehicle where, in the establishment where such work is performed, work mentioned in paragraphs a, b, c, f or g is also performed;

(f)  distributing or selling vehicle parts, accessories or tires to garages, service stations, parts shops, new or used car dealers or to any establishment whose activities are governed by the Decree;

(g)  distributing or selling vehicle parts, accessories or tires by an establishment specified in paragraph f when performing work governed by the Decree;

(h)  delivering vehicle parts, accessories or tires where, in the establishment where such work is performed, other work governed by the Decree is also performed.

(2)  Exclusions: The Decree does not apply to:

(a)  work specified in subsection 1 when done exclusively for the employer’s own service or own needs or when done exclusively on farm machinery;

(b)  work specified in subsection 1 performed on a vehicle leased for 12 months or less if the economic activity of the establishment where the work is performed consists solely in leasing motor vehicles; however, that work is governed by this Decree, when performed on a vehicle leased for more than 12 months;

(c)  vulcanizing and retreading;

(d)  the sale of vehicle parts, accessories or tires to parts shops or to wholesalers carried out:

i.  in a warehouse or in a distribution centre;

ii.  in a warehouse only, where the establishment of the employer utilizes it, at a same time, as a parts warehouse and as a parts shop.

R.R.Q., 1981, c. D-2, r. 46, s. 2.01; O.C. 296-92, s. 4; O.C. 355-96, s. 1; O.C. 1386-99, s. 5.