C-27 - Labour Code

Section 138 Disposition versions

2016-01-01

138. The Government may make any regulation it deems proper to give effect to the provisions of this Code, in particular,

(a)  for the issue of the permits provided for in sections 9, 111.26 and 111.31;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that a 30-day period referred to in paragraph d or e of section 22 is at another time;

(c)  to change the number of duplicate originals or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to establish the procedure to be followed for the filing of an arbitration award and to determine the information that the grievances arbitrator must provide on the duration of the different stages of the arbitration procedure;

(f)  (paragraph repealed);

i.  (subparagraph repealed);

ii.  (subparagraph repealed);

iii.  (subparagraph repealed);

(g)  (paragraph repealed);

(h)  (paragraph repealed).

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56; 1983, c. 22, s. 92; 1994, c. 6, s. 36; 1999, c. 40, s. 59; 2001, c. 26, s. 64; 2006, c. 58, s. 31; 2011, c. 16, s. 146; 2014, c. 9, s. 3; 2015, c. 15, s. 139.

2014-10-22

138. The Government may make any regulation it deems proper to give effect to the provisions of this Code, in particular,

(a)  for the issue of the permits provided for in sections 9, 111.26 and 111.31;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that a 30-day period referred to in paragraph d or e of section 22 is at another time;

(c)  to change the number of duplicate originals or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to establish the procedure to be followed for the filing of an arbitration award and to determine the information that the grievances arbitrator must provide on the duration of the different stages of the arbitration procedure;

(f)  to determine a tariff of administrative fees, professional fees or charges attached to applications, complaints, proceedings or documents filed with or services provided by the Commission. The regulation may also

i.  provide that the administrative fees, professional fees or charges may vary according to the applications, complaints, proceedings, documents or services or according to the persons or categories or subcategories of persons;

ii.  determine the persons and categories or subcategories of persons who are exempt from the payment of duties, fees or charges and the applications, complaints, proceedings, documents or services to which the exemption applies;

iii.  prescribe, for the applications, complaints, proceedings, documents or services it designates, the terms and conditions of payment of the administrative fees, professional fees and charges;

Not in force

(g)  to determine the information to be included in the application for membership referred to in subparagraph b of the first paragraph of section 36.1;

Not in force

(h)  to fix the minimum amount of union dues referred to in subparagraph c of the first paragraph of section 36.1.

The Commission may, in a regulation passed by a majority of the commissioners, make rules of evidence and procedure specifying the manner in which the rules established under this Code or the special Acts pursuant to which the proceedings are brought are to be implemented, rules determining the documents or information that must be included in or submitted with complaints filed with, proceedings brought before or applications made to the Commission or that the Commission may consider appropriate to subsequently require, and rules concerning the mode of transmission of documents and the place where a document may be filed with the Commission.

The Commission may also establish rules to be observed by the parties in reaching an agreement or drawing up a list pursuant to Chapter V.1.

A regulation made under the second or third paragraph must be submitted to the Government for approval.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56; 1983, c. 22, s. 92; 1994, c. 6, s. 36; 1999, c. 40, s. 59; 2001, c. 26, s. 64; 2006, c. 58, s. 31; 2011, c. 16, s. 146; 2014, c. 9, s. 3.

2011-10-01

138. The Government may make any regulation it deems proper to give effect to the provisions of this Code, in particular,

(a)  for the issue of the permits provided for in section 8 or 9;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that a 30-day period referred to in paragraph d or e of section 22 is at another time;

(c)  to change the number of duplicate originals or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to establish the procedure to be followed for the filing of an arbitration award and to determine the information that the grievances arbitrator must provide on the duration of the different stages of the arbitration procedure;

(f)  to determine a tariff of administrative fees, professional fees or charges attached to applications, complaints, proceedings or documents filed with or services provided by the Commission. The regulation may also

i.  provide that the administrative fees, professional fees or charges may vary according to the applications, complaints, proceedings, documents or services or according to the persons or categories or subcategories of persons;

ii.  determine the persons and categories or subcategories of persons who are exempt from the payment of duties, fees or charges and the applications, complaints, proceedings, documents or services to which the exemption applies;

iii.  prescribe, for the applications, complaints, proceedings, documents or services it designates, the terms and conditions of payment of the administrative fees, professional fees and charges;

Not in force

(g)  to determine the information to be included in the application for membership referred to in subparagraph b of the first paragraph of section 36.1;

Not in force

(h)  to fix the minimum amount of union dues referred to in subparagraph c of the first paragraph of section 36.1.

The Commission may, in a regulation passed by a majority of the commissioners, make rules of evidence and procedure specifying the manner in which the rules established under this Code or the special Acts pursuant to which the proceedings are brought are to be implemented, rules determining the documents or information that must be included in or submitted with complaints filed with, proceedings brought before or applications made to the Commission or that the Commission may consider appropriate to subsequently require, and rules concerning the mode of transmission of documents and the place where a document may be filed with the Commission.

The Commission may also establish rules to be observed by the parties in reaching an agreement or drawing up a list pursuant to Chapter V.1.

A regulation made under the second or third paragraph must be submitted to the Government for approval.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56; 1983, c. 22, s. 92; 1994, c. 6, s. 36; 1999, c. 40, s. 59; 2001, c. 26, s. 64; 2006, c. 58, s. 31; 2011, c. 16, s. 146.

2007-04-01

138. The Government may make any regulation it deems proper to give effect to the provisions of this Code, in particular,

(a)  for the issue of the permits provided for in section 8 or 9;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that a 30-day period referred to in paragraph d or e of section 22 is at another time;

(c)  to change the number of duplicate originals or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to establish the procedure to be followed for the filing of an arbitration award and to determine the information that the grievances arbitrator must provide on the duration of the different stages of the arbitration procedure;

(f)  to determine a tariff of administrative fees, professional fees or charges attached to applications, complaints, proceedings or documents filed with or services provided by the Commission. The regulation may also

i.  provide that the administrative fees, professional fees or charges may vary according to the applications, complaints, proceedings, documents or services or according to the persons or categories or subcategories of persons;

ii.  determine the persons and categories or subcategories of persons who are exempt from the payment of duties, fees or charges and the applications, complaints, proceedings, documents or services to which the exemption applies;

iii.  prescribe, for the applications, complaints, proceedings, documents or services it designates, the terms and conditions of payment of the administrative fees, professional fees and charges;

Not in force

(g)  to determine the information to be included in the application for membership referred to in subparagraph b of the first paragraph of section 36.1;

Not in force

(h)  to fix the minimum amount of union dues referred to in subparagraph c of the first paragraph of section 36.1.

The Commission may, in a regulation passed by a majority of the commissioners, make rules of evidence and procedure specifying the manner in which the rules established under this Code or the special Acts pursuant to which the proceedings are brought are to be implemented, rules determining the documents or information that must be included in or submitted with complaints filed with, proceedings brought before or applications made to the Commission or that the Commission may consider appropriate to subsequently require, and rules concerning the mode of transmission of documents and the place where a document may be filed with the Commission.

A regulation made under the second paragraph must be submitted to the Government for approval.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56; 1983, c. 22, s. 92; 1994, c. 6, s. 36; 1999, c. 40, s. 59; 2001, c. 26, s. 64; 2006, c. 58, s. 31.

2007-01-13

138. The Government may make any regulation it deems proper to give effect to the provisions of this Code, in particular,

(a)  for the issue of the permits provided for in section 8 or 9;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that a 30-day period referred to in paragraph d or e of section 22 is at another time;

(c)  to change the number of duplicates or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to establish the procedure to be followed for the filing of an arbitration award and to determine the information that the grievances arbitrator must provide on the duration of the different stages of the arbitration procedure;

(f)  to determine a tariff of administrative fees, professional fees or charges attached to applications, complaints, proceedings or documents filed with or services provided by the Commission. The regulation may also

i.  provide that the administrative fees, professional fees or charges may vary according to the applications, complaints, proceedings, documents or services or according to the persons or categories or subcategories of persons;

ii.  determine the persons and categories or subcategories of persons who are exempt from the payment of duties, fees or charges and the applications, complaints, proceedings, documents or services to which the exemption applies;

iii.  prescribe, for the applications, complaints, proceedings, documents or services it designates, the terms and conditions of payment of the administrative fees, professional fees and charges;

Not in force

(g)  to determine the information to be included in the application for membership referred to in subparagraph b of the first paragraph of section 36.1;

Not in force

(h)  to fix the minimum amount of union dues referred to in subparagraph c of the first paragraph of section 36.1.

The Commission may, in a regulation passed by a majority of the commissioners, make rules of evidence and procedure specifying the manner in which the rules established under this Code or the special Acts pursuant to which the proceedings are brought are to be implemented, rules determining the documents or information that must be included in or submitted with complaints filed with, proceedings brought before or applications made to the Commission or that the Commission may consider appropriate to subsequently require, and rules concerning the mode of transmission of documents and the place where a document may be filed with the Commission.

A regulation made under the second paragraph must be submitted to the Government for approval.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56; 1983, c. 22, s. 92; 1994, c. 6, s. 36; 1999, c. 40, s. 59; 2001, c. 26, s. 64; 2006, c. 58, s. 31.

2002-11-25

138. The Government may make any regulation it deems proper to give effect to the provisions of this Code, in particular,

(a)  for the issue of the permits provided for in section 8 or 9;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that a 30-day period referred to in subparagraph d or e of the first or second paragraph of section 22 is at another time;

(c)  to change the number of duplicates or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to require any document or information that must be submitted with a petition or motion from an association;

(f)  to determine a tariff of administrative fees, professional fees or charges attached to applications, complaints, proceedings or documents filed with or services provided by the Commission. The regulation may also

i.  provide that the administrative fees, professional fees or charges may vary according to the applications, complaints, proceedings, documents or services or according to the persons or categories or subcategories of persons;

ii.  determine the persons and categories or subcategories of persons who are exempt from the payment of duties, fees or charges and the applications, complaints, proceedings, documents or services to which the exemption applies;

iii.  prescribe, for the applications, complaints, proceedings, documents or services it designates, the terms and conditions of payment of the administrative fees, professional fees and charges;

Not in force

(g)  to determine the information to be included in the application for membership referred to in subparagraph b of the first paragraph of section 36.1;

Not in force

(h)  to fix the minimum amount of union dues referred to in subparagraph c of the first paragraph of section 36.1.

The Commission may, in a regulation passed by a majority of the commissioners, make rules of evidence and procedure specifying the manner in which the rules established under this Code or the special Acts pursuant to which the proceedings are brought are to be implemented, and rules concerning the mode of transmission of documents and the place where a document may be filed with the Commission.

A regulation made under the second paragraph must be submitted to the Government for approval.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56; 1983, c. 22, s. 92; 1994, c. 6, s. 36; 1999, c. 40, s. 59; 2001, c. 26, s. 64.

1999-10-22

138. After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the labour commissioner general may make any regulation he deems proper to give effect to the provisions of this code in matters within his jurisdiction or within the jurisdiction of the labour commissioners or the certification agents, and in particular:

(a)  for the issue of the permits provided for in section 8 or 9;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that a 30-day period referred to in subparagraph d or e of section 22 is at another time;

(c)  to change the number of duplicates or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to establish the procedure to be followed for the filing of an arbitration award and the information which the grievances arbitrator must furnish on the duration of the period for each step of the procedure followed for arbitration.

After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the majority of the members of the Court, at a meeting called for such purpose by the chief judge, may make regulations applicable to procedure and the trial of suits before it.

Every regulation made under this section shall be approved by the Government and, if so approved, shall come into force 10 days after the date of its publication in the Gazette officielle du Québec.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56; 1983, c. 22, s. 92; 1994, c. 6, s. 36; 1999, c. 40, s. 59.

1994-05-19

138. After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the labour commissioner general may make any regulation he deems proper to give effect to the provisions of this code in matters within his jurisdiction or within the jurisdiction of the labour commissioners or the certification agents, and in particular:

(a)  for the issue of the permits provided for in section 8 or 9;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that a 30-day period referred to in subparagraph d or e of section 22 is at another time;

(c)  to change the number of duplicates or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to establish the procedure to be followed for the filing of an arbitration award and the information which the grievances arbitrator must furnish on the duration of the delay for each step of the procedure followed for arbitration.

After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the majority of the members of the Court, at a meeting called for such purpose by the chief judge, may make regulations applicable to procedure and the trial of suits before it.

Every regulation made under this section shall be approved by the Government and, if so approved, shall come into force 10 days after the date of its publication in the Gazette officielle du Québec.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56; 1983, c. 22, s. 92; 1994, c. 6, s. 36.

1983-09-01

138. After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the labour commissioner general may make any regulation he deems proper to give effect to the provisions of this Code in matters within his jurisdiction or within the jurisdiction of the labour commissioners or the certification agents, and in particular:

(a)  for the issue of the permits provided for in section 8 or 9;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that the period of thirty days provided for in paragraph d of section 22 is at another time;

(c)  to change the number of duplicates or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to establish the procedure to be followed for the filing of an arbitration award and the information which the grievances arbitrator must furnish on the duration of the delay for each step of the procedure followed for arbitration.

After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the majority of the members of the Court, at a meeting called for such purpose by the chief judge, may make regulations applicable to procedure and the trial of suits before it.

Every regulation made under this section shall be approved by the Government and, if so approved, shall come into force ten days after the date of its publication in the Gazette officielle du Québec.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56; 1983, c. 22, s. 92.

1978-02-01

138. After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the labour commissioner general may make any regulation he deems proper to give effect to the provisions of this Code in matters within his jurisdiction or within the jurisdiction of the labour commissioners or the certification agents, and in particular:

(a)  for the issue of the permits provided for in section 8 or 9;

(b)  to provide for a certification system suitable to the temporary and seasonal nature of logging operations and the fishing and fish preparation industries and in particular decide that the period of thirty days provided for in paragraph d of section 22 is at another time;

(c)  to change the number of duplicates or true copies to be filed in accordance with section 72 and to establish the procedure to be followed for such filing and the information which the parties must furnish him on such occasion;

(d)  to determine the special terms and conditions of filing of a collective agreement applicable to several employers or to several certified associations;

(e)  to establish the procedure to be followed for the filing of an arbitration award and the information which the court of arbitration must furnish on the duration of the delay for each step of the procedure followed for arbitration.

After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the majority of the members of the Court, at a meeting called for such purpose by the chief judge, may make regulations applicable to procedure and the trial of suits before it.

Every regulation made under this section shall be approved by the Government and, if so approved, shall come into force ten days after the date of its publication in the Gazette officielle du Québec.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14; 1977, c. 41, s. 56.

1977-12-31

138. After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the chief investigation commissioner may make any regulation he deems proper to give effect to the provisions of this code in matters within his jurisdiction or within the jurisdiction of the investigation commissioners or the investigators, and in particular to establish the conditions on which a person may be recognized as a member of an association of employees and to provide for a certification system suitable to the temporary and seasonal nature of logging operations and fishing and fish preparation industries.

After consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the majority of the members of the Court, at a meeting called for such purpose by the chief judge, may make regulations applicable to procedure and the trial of suits before it.

Every regulation made under this section shall be approved by the Gouvernement and, if so approved, shall come into force ten days after the date of its publication in the Gazette officielle du Québec.

R. S. 1964, c. 141, s. 115; 1969, c. 47, s. 38; 1969, c. 48, s. 34; 1977, c. 5, s. 14.