C-27 - Labour Code

Section 118 Disposition versions

2016-01-01

118. (Repealed).

R. S. 1964, c. 141, s. 103; 1969, c. 47, s. 38; 1969, c. 48, s. 30; 1977, c. 41, s. 1; 1985, c. 6, s. 493; 1990, c. 4, s. 229; 2001, c. 26, s. 63; 2006, c. 58, s. 17; 2015, c. 15, s. 138.

2007-01-13

118. The Commission may, in particular,

(1)  summarily reject any motion, application, complaint or procedure it considers to be improper or dilatory;

(2)  refuse to rule on the merits of a complaint where it considers that the complaint may be settled by an arbitration award disposing of a grievance, except in the case of a complaint referred to in section 16 of that Code or in sections 123 and 123.1 of the Act respecting labour standards (chapter N-1.1) or a complaint filed under another Act;

(3)  make any order, including a provisional order, it considers appropriate to safeguard the rights of the parties;

(4)  determine any question of law or fact necessary for the exercise of its jurisdiction;

(5)  confirm, modify or quash the contested decision or order and, if appropriate, render the decision or order which, in its opinion, should have been rendered or made initially;

(6)  render any decision it considers appropriate;

(7)  ratify an agreement, if in conformity with the law;

(8)  dissolve an association of employees if it is proved to the Commission that the association participated in a contravention of section 12.

If an association dissolved under subparagraph 8 of the first paragraph is a professional syndicate, the Commission shall send an authentic copy of its decision to the enterprise registrar, who shall give notice of the decision in the Gazette officielle du Québec.

R. S. 1964, c. 141, s. 103; 1969, c. 47, s. 38; 1969, c. 48, s. 30; 1977, c. 41, s. 1; 1985, c. 6, s. 493; 1990, c. 4, s. 229; 2001, c. 26, s. 63; 2006, c. 58, s. 17.

2002-11-25

118. The Commission may, in particular,

(1)  summarily reject any motion, application, complaint or procedure it considers to be improper or dilatory;

(2)  refuse to rule on the merits of a complaint where it considers that the complaint may be settled by an arbitration award disposing of a grievance, except in the case of a complaint referred to in section 16 of that Code or in sections 123 and 123.1 of the Act respecting labour standards (chapter N-1.1) or a complaint filed under another Act;

(3)  make any order, including a provisional order, it considers appropriate to safeguard the rights of the parties;

(4)  determine any question of law or fact necessary for the exercise of its jurisdiction;

(5)  confirm, modify or quash the contested decision or order and, if appropriate, render the decision or order which, in its opinion, should have been rendered or made initially;

(6)  render any decision it considers appropriate;

(7)  ratify a conciliation agreement, if in conformity with the law.

R. S. 1964, c. 141, s. 103; 1969, c. 47, s. 38; 1969, c. 48, s. 30; 1977, c. 41, s. 1; 1985, c. 6, s. 493; 1990, c. 4, s. 229; 2001, c. 26, s. 63.

1990-10-01

118. In addition to the other matters which are declared by law to be within its competence, such Court shall have jurisdiction, to the exclusion of any other Court, to hear and decide, in appeal, as to any decision of a labour commissioner who closes a case, and as to any decision of the labour commissioner general made under section 8 or section 9.

Such Court shall also have exclusive jurisdiction, in first instance, to hear the proof and render judgment in penal proceedings instituted for the sanctioning of any offence under any provision of this Code.

R. S. 1964, c. 141, s. 103; 1969, c. 47, s. 38; 1969, c. 48, s. 30; 1977, c. 41, s. 1; 1985, c. 6, s. 493; 1990, c. 4, s. 229.

1985-05-28

118. In addition to the other matters which are declared by law to be within its competence, such Court shall have jurisdiction, to the exclusion of any other Court, to hear and decide,

(a)  in appeal, as to any decision of a labour commissioner who closes a case, and as to any decision of the labour commissioner general made under section 8 or section 9;

(b)  in first instance, in any penal prosecution brought under this Code.

Notwithstanding the first paragraph, in any penal prosecution brought before the court, every justice of the peace or every person vested with the powers of a justice of the peace may exercise the powers conferred on him under the Summary Convictions Act (chapter P-15) except the power to hear the proof and to render judgment on the prosecution.

R. S. 1964, c. 141, s. 103; 1969, c. 47, s. 38; 1969, c. 48, s. 30; 1977, c. 41, s. 1; 1985, c. 6, s. 493.

1978-02-01

118. In addition to the other matters which are declared by law to be within its competence, such Court shall have jurisdiction, to the exclusion of any other Court, to hear and decide,

(a)  in appeal, as to any decision of a labour commissioner who closes a case, and as to any decision of the labour commissioner general made under section 8 or section 9;

(b)  in first instance, in any penal prosecution brought under this Code.

R. S. 1964, c. 141, s. 103; 1969, c. 47, s. 38; 1969, c. 48, s. 30; 1977, c. 41, s. 1.

1977-12-31

118. In addition to the other matters which are declared by law to be within its competence, such Court shall have jurisdiction, to the exclusion of any other Court, to hear and decide,

(a)  in appeal, as to any decision of an investigation commissioner who closes a case, and as to any decision of the chief investigation commissioner made under section 8 or section 9;

(b)  in first instance, in any penal prosecution brought under this Code.

R. S. 1964, c. 141, s. 103; 1969, c. 47, s. 38; 1969, c. 48, s. 30.