R-24.0.1 - Act respecting the representation of certain home educational childcare providers and the negotiation process for their group agreements

Section 32 Disposition versions

2022-04-12

32. When negotiating the amount of a subsidy referred to in paragraph 1 of section 31, the parties determine what constitutes, for a full service load, funding comparable to the remuneration of persons engaging in analogous activities. To this end, the parties identify jobs in related sectors of activity and adopt an appropriate evaluation methodology.

The parties take into account, among other things, the parent’s contribution received by the home educational childcare provider, benefits enjoyed by the home educational childcare provider under any other Act, the compensation under sections 2 to 4 of the fourth paragraph and reasonable operating expenses incurred in providing childcare services. What constitutes reasonable operating expenses is determined by the parties.

The funding determined by the parties must be such that the net income from a home childcare operation with a full service load is equitable in relation to the annual salary for the jobs evaluated, taking into account, among other things, the number of days worked.

Such funding must comprise

(1)  an integrated, overall percentage to stand in lieu of monetary compensation for days of leave equivalent to those paid under the Act respecting labour standards (chapter N-1.1) and under the National Holiday Act (chapter F-1.1);

(2)  financial compensation to offset the difference between the rate of the premium or contribution applicable to a self-employed worker under the plans established by the Act respecting parental insurance (chapter A-29.011) and the Act respecting the Québec Pension Plan (chapter R-9), and the rates applicable to an employee under those plans;

(3)  financial compensation so that a home educational childcare provider may enjoy coverage under the Act respecting industrial accidents and occupational diseases (chapter A-3.001); and

(4)  financial compensation based on the contribution that a home educational childcare provider must pay under section 34.1.1 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5).

The subsidy determined as a result of this process is paid to the home educational childcare provider according to the terms and conditions determined by the Minister. Home educational childcare providers may also receive any other additional subsidy to which they are entitled under the Educational Childcare Act (chapter S-4.1.1).

2009, c. 36, s. 32; 2022, c. 9, s. 97.

2009-10-21

32. When negotiating the amount of a subsidy referred to in paragraph 1 of section 31, the parties determine what constitutes, for a full service load, funding comparable to the remuneration of persons engaging in analogous activities. To this end, the parties identify jobs in related sectors of activity and adopt an appropriate evaluation methodology.

The parties take into account, among other things, the parent’s contribution received by the home childcare provider, benefits enjoyed by the home childcare provider under any other Act, the compensation under sections 2 to 4 of the fourth paragraph and reasonable operating expenses incurred in providing childcare services. What constitutes reasonable operating expenses is determined by the parties.

The funding determined by the parties must be such that the net income from a home childcare operation with a full service load is equitable in relation to the annual salary for the jobs evaluated, taking into account, among other things, the number of days worked.

Such funding must comprise

(1)  an integrated, overall percentage to stand in lieu of monetary compensation for days of leave equivalent to those paid under the Act respecting labour standards (chapter N-1.1) and under the National Holiday Act (chapter F-1.1);

(2)  financial compensation to offset the difference between the rate of the premium or contribution applicable to a self-employed worker under the plans established by the Act respecting parental insurance (chapter A-29.011) and the Act respecting the Québec Pension Plan (chapter R-9), and the rates applicable to an employee under those plans;

(3)  financial compensation so that a home childcare provider may enjoy coverage under the Act respecting industrial accidents and occupational diseases (chapter A-3.001); and

(4)  financial compensation based on the contribution that a home childcare provider must pay under section 34.1.1 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5).

The subsidy determined as a result of this process is paid to the home childcare provider according to the terms and conditions determined by the Minister. Home childcare providers may also receive any other additional subsidy to which they are entitled under the Educational Childcare Act (chapter S-4.1.1).

2009, c. 36, s. 32.