D-2 - Act respecting collective agreement decrees

Section 22 Disposition versions

2011-06-13

22. From and after the publication of the notice contemplated in section 19, the committee is a legal person.

From the mere fact of its formation, it may, as of right:

(a)  exercise all recourses arising out of the decree or this Act in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of 15 days, or to produce the certificate of competency;

(a.1)  exercise against the directors of a legal person all remedies available to and exercisable by employees under this Act or a decree;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  recover from a professional employer who violates the provisions of any decree relating to wages a sum equal to 20% of the difference between the obligatory wage and that actually paid;

(d)  effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the foregoing paragraphs;

(e)  appoint a general manager, a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security in the form of an insurance policy approved beforehand by the Minister.

The general manager, the secretary and any inspector may, as of right and at any reasonable time, enter any worksite or establishment of any employer and examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

The general manager, the secretary or any inspector shall, on request, identify himself and produce a certificate of his capacity issued by the committee;

The general manager, the secretary or any inspector may also require the production of any document referred to in the second paragraph or any document relating to the application of this Act, a decree or a regulation, make a copy thereof and certify it as a true copy of the original. The copy is admissible as proof and has the same probative value as the original;

(f)  by demand in writing made to any professional employer or artisan, require that a copy sent to him of any provision of the decree, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  by regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name, address and social insurance number of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  by a regulation approved by the Government and published in the Gazette officielle du Québec, oblige any professional employer to transmit to it a monthly report giving:

(1)  the name, address and social insurance number of each employee in his employ, his competency, the nature of his work, the regular and extra hours of labour done each week by the employee, the total number of such hours, his hourly wage rate and his total earnings;

(2)  the allowances paid to each employee for annual vacations with pay and paid holidays and any other allowance or benefit of a monetary value.

The regulation may also render compulsory the use of a form;

(i)  by a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  (subparagraph repealed);

(2)  such levy shall not exceed the 1/2% of the employee’s remuneration, and the 1/2% of the professional employer’s pay-list;

(3)  the regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  the professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  the Government may, at any time, by an order published in the Gazette officielle du Québec, terminate or suspend the levy or reduce or increase the rate thereof;

(j)  (subparagraph repealed);

(k)  render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Act respecting workforce vocational training and qualification (chapter F-5);

(l)  by regulation approved with or without amendment by the Government, determine the amount of the attendance allowance to which its members are entitled in addition to their actual travelling expenses;

(m)  if the decree provides for social security benefits or the administration by the parity committee of a vacation pay fund:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

(n)  levy, up to the amount prescribed by the regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, out of the interest from the funds kept in trust for vacation pay, where such is the case, the sums necessary for the administration of the fund;

(o)  use, for its general administration, up to the amount and subject to the other conditions prescribed by regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, the unclaimed funds kept in trust until the employee submits his claim. Unclaimed amounts shall, however, if not claimed by the employees within three years following the date as of which the funds are payable, be transferred, after deduction of the amount prescribed by the regulation, to the Minister of Revenue together with a statement of the funds indicating the name and last known address of the employees and the date on which the funds were transferred to the Minister of Revenue; the Unclaimed Property Act (chapter B-5.1) applies to the funds so transferred to the Minister of Revenue;

(p)  support, subject to such conditions and to such extent as may be provided in the decree, the development of industrial strategies;

(q)  Participate, on the conditions and to the extent set out in the decree, in workforce skills development as a training mutual recognized under section 8 of the Act to promote workforce skills development and recognition (chapter D-8.3);

(r)  Use, as a training mutual, the subsidies paid to the committee for that purpose or, by a regulation approved with or without amendment by the Government, apply the following modes of financing only:

(1)  levy an amount not exceeding 1/2% of the professional employer’s total payroll calculated in accordance with section 4 of the Act to promote workforce skills development and recognition; such a regulation does not apply to professional employers exempted under that Act or under the committee regulation;

(2)  charge fees for the use of services offered as a training mutual and determine exemptions.

The Government may, at any time, by order published in the Gazette officielle du Québec, terminate or suspend any levy or reduce or increase the rate thereof.

Any insurance contract to give effect to subparagraph m of the second paragraph must be entered into by the committee as the policyholder and as the beneficiary of any amount paid by the insurer as a dividend, return or premium refund. Any such amount shall be included in the audited financial statements referred to in section 23 and shall be applied to the improvement of the insurance plan.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87; 1984, c. 45, s. 15; 1986, c. 95, s. 128; 1996, c. 71, s. 20; 1997, c. 80, s. 62; 2005, c. 44, s. 54; 2007, c. 3, s. 68, s. 72; 2007, c. 3, s. 55; 2011, c. 10, s. 98.

2008-01-01

22. From and after the publication of the notice contemplated in section 19, the committee is a legal person.

From the mere fact of its formation, it may, as of right:

(a)  exercise all recourses arising out of the decree or this Act in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of 15 days, or to produce the certificate of competency;

(a.1)  exercise against the directors of a legal person all remedies available to and exercisable by employees under this Act or a decree;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  recover from a professional employer who violates the provisions of any decree relating to wages a sum equal to 20% of the difference between the obligatory wage and that actually paid;

(d)  effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the foregoing paragraphs;

(e)  appoint a general manager, a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security in the form of an insurance policy approved beforehand by the Minister.

The general manager, the secretary and any inspector may, as of right and at any reasonable time, enter any worksite or establishment of any employer and examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

The general manager, the secretary or any inspector shall, on request, identify himself and produce a certificate of his capacity issued by the committee;

The general manager, the secretary or any inspector may also require the production of any document referred to in the second paragraph or any document relating to the application of this Act, a decree or a regulation, make a copy thereof and certify it as a true copy of the original. The copy is admissible as proof and has the same probative value as the original;

(f)  by demand in writing made to any professional employer or artisan, require that a copy sent to him of any provision of the decree, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  by regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name, address and social insurance number of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  by a regulation approved by the Government and published in the Gazette officielle du Québec, oblige any professional employer to transmit to it a monthly report giving:

(1)  the name, address and social insurance number of each employee in his employ, his competency, the nature of his work, the regular and extra hours of labour done each week by the employee, the total number of such hours, his hourly wage rate and his total earnings;

(2)  the allowances paid to each employee for annual vacations with pay and paid holidays and any other allowance or benefit of a monetary value.

The regulation may also render compulsory the use of a form;

(i)  by a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  (subparagraph repealed);

(2)  such levy shall not exceed the 1/2% of the employee’s remuneration, and the 1/2% of the professional employer’s pay-list;

(3)  the regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  the professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  the Government may, at any time, by an order published in the Gazette officielle du Québec, terminate or suspend the levy or reduce or increase the rate thereof;

(j)  (subparagraph repealed);

(k)  render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Act respecting workforce vocational training and qualification (chapter F-5);

(l)  by regulation approved with or without amendment by the Government, determine the amount of the attendance allowance to which its members are entitled in addition to their actual travelling expenses;

(m)  if the decree provides for social security benefits or the administration by the parity committee of a vacation pay fund:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

(n)  levy, up to the amount prescribed by the regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, out of the interest from the funds kept in trust for vacation pay, where such is the case, the sums necessary for the administration of the fund;

(o)  use, for its general administration, up to the amount and subject to the other conditions prescribed by regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, the unclaimed funds kept in trust until the employee submits his claim. Unclaimed amounts shall, however, if not claimed by the employees within three years following the date as of which the funds are payable, be transferred, after deduction of the amount prescribed by the regulation, to the Minister of Revenue together with a statement of the funds indicating the name and last known address of the employees and the date on which the funds were transferred to the Minister of Revenue; the provisions of the Public Curator Act (chapter C-81) pertaining to unclaimed property shall apply to the funds so transferred to the Minister of Revenue;

(p)  support, subject to such conditions and to such extent as may be provided in the decree, the development of industrial strategies;

(q)  Participate, on the conditions and to the extent set out in the decree, in workforce skills development as a training mutual recognized under section 8 of the Act to promote workforce skills development and recognition (chapter D-8.3);

(r)  Use, as a training mutual, the subsidies paid to the committee for that purpose or, by a regulation approved with or without amendment by the Government, apply the following modes of financing only:

(1)  levy an amount not exceeding 1/2% of the professional employer’s total payroll calculated in accordance with section 4 of the Act to promote workforce skills development and recognition; such a regulation does not apply to professional employers exempted under that Act or under the committee regulation;

(2)  charge fees for the use of services offered as a training mutual and determine exemptions.

The Government may, at any time, by order published in the Gazette officielle du Québec, terminate or suspend any levy or reduce or increase the rate thereof.

Any insurance contract to give effect to subparagraph m of the second paragraph must be entered into by the committee as the policyholder and as the beneficiary of any amount paid by the insurer as a dividend, return or premium refund. Any such amount shall be included in the audited financial statements referred to in section 23 and shall be applied to the improvement of the insurance plan.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87; 1984, c. 45, s. 15; 1986, c. 95, s. 128; 1996, c. 71, s. 20; 1997, c. 80, s. 62; 2005, c. 44, s. 54; 2007, c. 3, s. 68, s. 72; 2007, c. 3, s. 55.

2007-06-08

22. From and after the publication of the notice contemplated in section 19, the committee is a legal person.

From the mere fact of its formation, it may, as of right:

(a)  exercise all recourses arising out of the decree or this Act in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of 15 days, or to produce the certificate of competency;

(a.1)  exercise against the directors of a legal person all remedies available to and exercisable by employees under this Act or a decree;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  recover from a professional employer who violates the provisions of any decree relating to wages a sum equal to 20 % of the difference between the obligatory wage and that actually paid;

(d)  effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the foregoing paragraphs;

(e)  appoint a general manager, a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security in the form of an insurance policy approved beforehand by the Minister.

The general manager, the secretary and any inspector may, as of right and at any reasonable time, enter any worksite or establishment of any employer and examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

The general manager, the secretary or any inspector shall, on request, identify himself and produce a certificate of his capacity issued by the committee;

The general manager, the secretary or any inspector may also require the production of any document referred to in the second paragraph or any document relating to the application of this Act, a decree or a regulation, make a copy thereof and certify it as a true copy of the original. The copy is admissible as proof and has the same probative value as the original;

(f)  by demand in writing made to any professional employer or artisan, require that a copy sent to him of any provision of the decree, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  by regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name, address and social insurance number of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  by a regulation approved by the Government and published in the Gazette officielle du Québec, oblige any professional employer to transmit to it a monthly report giving:

(1)  the name, address and social insurance number of each employee in his employ, his competency, the nature of his work, the regular and extra hours of labour done each week by the employee, the total number of such hours, his hourly wage rate and his total earnings;

(2)  the allowances paid to each employee for annual vacations with pay and paid holidays and any other allowance or benefit of a monetary value.

The regulation may also render compulsory the use of a form;

(i)  by a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  (subparagraph repealed);

(2)  such levy shall not exceed the 1/2 % of the employee’s remuneration, and the 1/2 % of the professional employer’s pay-list;

(3)  the regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  the professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  the Government may, at any time, by an order published in the Gazette officielle du Québec, terminate or suspend the levy or reduce or increase the rate thereof;

(j)  (subparagraph repealed);

(k)  render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Act respecting workforce vocational training and qualification (chapter F-5);

(l)  by regulation approved with or without amendment by the Government, determine the amount of the attendance allowance to which its members are entitled in addition to their actual travelling expenses;

(m)  if the decree provides for social security benefits or the administration by the parity committee of a vacation pay fund:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

(n)  levy, up to the amount prescribed by the regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, out of the interest from the funds kept in trust for vacation pay, where such is the case, the sums necessary for the administration of the fund;

(o)  use, for its general administration, up to the amount and subject to the other conditions prescribed by regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, the unclaimed funds kept in trust until the employee submits his claim. Unclaimed amounts shall, however, if not claimed by the employees within three years following the date as of which the funds are payable, be transferred, after deduction of the amount prescribed by the regulation, to the Minister of Revenue together with a statement of the funds indicating the name and last known address of the employees and the date on which the funds were transferred to the Minister of Revenue; the provisions of the Public Curator Act (chapter C-81) pertaining to unclaimed property shall apply to the funds so transferred to the Minister of Revenue;

(p)  support, subject to such conditions and to such extent as may be provided in the decree, the development of industrial strategies;

(q)  participate, subject to such conditions and to such extent as may be provided in the decree, in the development of workforce training by drawing up and implementing a training plan subject to accreditation in accordance with section 8 of the Act to promote workforce skills development and recognition (chapter D-7.1);

(r)  use, for the purpose of drawing up and implementing an accredited training plan, the subsidies paid to the committee for such purpose or, by regulation approved with or without amendment by the Government, apply the following modes of financing only:

(1)  the levy upon the professional employer of an amount not exceeding 1/2 % of the employer’s total payroll calculated in accordance with section 4 of the Act to promote workforce skills development and recognition; such a regulation does not apply to a professional employer who is exempted under that Act or under the committee regulation;

(2)  the imposition of fees for the use of services offered within the framework of the training plan, and the determination of exemptions.

The Government may, at any time, by order published in the Gazette officielle du Québec, terminate or suspend any levy or reduce or increase the rate thereof.

Any insurance contract to give effect to subparagraph m of the second paragraph must be entered into by the committee as the policyholder and as the beneficiary of any amount paid by the insurer as a dividend, return or premium refund. Any such amount shall be included in the audited financial statements referred to in section 23 and shall be applied to the improvement of the insurance plan.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87; 1984, c. 45, s. 15; 1986, c. 95, s. 128; 1996, c. 71, s. 20; 1997, c. 80, s. 62; 2005, c. 44, s. 54; 2007, c. 3, s. 68, s. 72.

2006-04-01

22. From and after the publication of the notice contemplated in section 19, the committee is a legal person.

From the mere fact of its formation, it may, as of right:

(a)  exercise all recourses arising out of the decree or this Act in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of 15 days, or to produce the certificate of competency;

(a.1)  exercise against the directors of a legal person all remedies available to and exercisable by employees under this Act or a decree;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  recover from a professional employer who violates the provisions of any decree relating to wages a sum equal to 20 % of the difference between the obligatory wage and that actually paid;

(d)  effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the foregoing paragraphs;

(e)  appoint a general manager, a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security in the form of an insurance policy approved beforehand by the Minister.

The general manager, the secretary and any inspector may, as of right and at any reasonable time, enter any worksite or establishment of any employer and examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

The general manager, the secretary or any inspector shall, on request, identify himself and produce a certificate of his capacity issued by the committee;

The general manager, the secretary or any inspector may also require the production of any document referred to in the second paragraph or any document relating to the application of this Act, a decree or a regulation, make a copy thereof and certify it as a true copy of the original. The copy is admissible as proof and has the same probative value as the original;

(f)  by demand in writing made to any professional employer or artisan, require that a copy sent to him of any provision of the decree, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  by regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name, address and social insurance number of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  by a regulation approved by the Government and published in the Gazette officielle du Québec, oblige any professional employer to transmit to it a monthly report giving:

(1)  the name, address and social insurance number of each employee in his employ, his competency, the nature of his work, the regular and extra hours of labour done each week by the employee, the total number of such hours, his hourly wage rate and his total earnings;

(2)  the allowances paid to each employee for annual vacations with pay and paid holidays and any other allowance or benefit of a monetary value.

The regulation may also render compulsory the use of a form;

(i)  by a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  (subparagraph repealed);

(2)  such levy shall not exceed the 1/2 % of the employee’s remuneration, and the 1/2 % of the professional employer’s pay-list;

(3)  the regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  the professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  the Government may, at any time, by an order published in the Gazette officielle du Québec, terminate or suspend the levy or reduce or increase the rate thereof;

(j)  (subparagraph repealed);

(k)  render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Manpower Vocational Training and Qualification Act;

(l)  by regulation approved with or without amendment by the Government, determine the amount of the attendance allowance to which its members are entitled in addition to their actual travelling expenses;

(m)  if the decree provides for social security benefits or the administration by the parity committee of a vacation pay fund:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

(n)  levy, up to the amount prescribed by the regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, out of the interest from the funds kept in trust for vacation pay, where such is the case, the sums necessary for the administration of the fund;

(o)  use, for its general administration, up to the amount and subject to the other conditions prescribed by regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, the unclaimed funds kept in trust until the employee submits his claim. Unclaimed amounts shall, however, if not claimed by the employees within three years following the date as of which the funds are payable, be transferred, after deduction of the amount prescribed by the regulation, to the Minister of Revenue together with a statement of the funds indicating the name and last known address of the employees and the date on which the funds were transferred to the Minister of Revenue; the provisions of the Public Curator Act (chapter C-81) pertaining to unclaimed property shall apply to the funds so transferred to the Minister of Revenue;

(p)  support, subject to such conditions and to such extent as may be provided in the decree, the development of industrial strategies;

(q)  participate, subject to such conditions and to such extent as may be provided in the decree, in the development of manpower training by drawing up and implementing a training plan subject to accreditation in accordance with section 8 of the Act to foster the development of manpower training (chapter D-7.1);

(r)  use, for the purpose of drawing up and implementing an accredited training plan, the subsidies paid to the committee for such purpose or, by regulation approved with or without amendment by the Government, apply the following modes of financing only:

(1)  the levy upon the professional employer of an amount not exceeding 1/2 % of the employer’s total payroll calculated in accordance with section 4 of the Act to foster the development of manpower training; such a regulation does not apply to a professional employer who is exempted under that Act or under the committee regulation;

(2)  the imposition of fees for the use of services offered within the framework of the training plan, and the determination of exemptions.

The Government may, at any time, by order published in the Gazette officielle du Québec, terminate or suspend any levy or reduce or increase the rate thereof.

Any insurance contract to give effect to subparagraph m of the second paragraph must be entered into by the committee as the policyholder and as the beneficiary of any amount paid by the insurer as a dividend, return or premium refund. Any such amount shall be included in the audited financial statements referred to in section 23 and shall be applied to the improvement of the insurance plan.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87; 1984, c. 45, s. 15; 1986, c. 95, s. 128; 1996, c. 71, s. 20; 1997, c. 80, s. 62; 2005, c. 44, s. 54.

1999-07-01

22. From and after the publication of the notice contemplated in section 19, the committee is a legal person.

From the mere fact of its formation, it may, as of right:

(a)  Exercise all recourses arising out of the decree or this Act in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of 15 days, or to produce the certificate of competency;

(a.1)  Exercise against the directors of a legal person all remedies available to and exercisable by employees under this Act or a decree;

(b)  On the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  Recover from a professional employer who violates the provisions of any decree relating to wages a sum equal to 20 % of the difference between the obligatory wage and that actually paid;

(d)  Effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the foregoing paragraphs;

(e)  Appoint a general manager, a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security in the form of an insurance policy approved beforehand by the Minister.

The general manager, the secretary and any inspector may, as of right and at any reasonable time, enter any worksite or establishment of any employer and examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

The general manager, the secretary or any inspector shall, on request, identify himself and produce a certificate of his capacity issued by the committee;

The general manager, the secretary or any inspector may also require the production of any document referred to in the second paragraph or any document relating to the application of this Act, a decree or a regulation, make a copy thereof and certify it as a true copy of the original. The copy is admissible as proof and has the same probative value as the original;

(f)  By demand in writing made to any professional employer or artisan, require that a copy sent to him of any provision of the decree, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  By regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name, address and social insurance number of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  By a regulation approved by the Government and published in the Gazette officielle du Québec, oblige any professional employer to transmit to it a monthly report giving:

(1)  the name, address and social insurance number of each employee in his employ, his competency, the nature of his work, the regular and extra hours of labour done each week by the employee, the total number of such hours, his hourly wage rate and his total earnings;

(2)  the allowances paid to each employee for annual vacations with pay and paid holidays and any other allowance or benefit of a monetary value.

The regulation may also render compulsory the use of a form;

(i)  By a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  (Subparagraph repealed);

(2)  Such levy shall not exceed the 1/2 % of the employee’s remuneration, and the 1/2 % of the professional employer’s pay-list;

(3)  The regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  The professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  The Government may, at any time, by an order published in the Gazette officielle du Québec, terminate or suspend the levy or reduce or increase the rate thereof;

(j)  (Subparagraph repealed);

(k)  Render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Manpower Vocational Training and Qualification Act;

(l)  By regulation approved with or without amendment by the Government, determine the amount of the attendance allowance to which its members are entitled in addition to their actual travelling expenses;

(m)  If the decree provides for social security benefits or the administration by the parity committee of a vacation pay fund:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

(n)  Levy, up to the amount prescribed by the regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, out of the interest from the funds kept in trust for vacation pay, where such is the case, the sums necessary for the administration of the fund;

(o)  Use, for its general administration, up to the amount and subject to the other conditions prescribed by regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, the unclaimed funds kept in trust until the employee submits his claim. Unclaimed amounts shall, however, if not claimed by the employees within three years following the date as of which the funds are payable, be transferred, after deduction of the amount prescribed by the regulation, to the Public Curator together with a statement of the funds indicating the name and last known address of the employees and the date on which the funds were transferred to the Public Curator; the provisions of the Public Curator Act (chapter C-81) pertaining to unclaimed property shall apply to the funds so transferred to the Public Curator;

(p)  Support, subject to such conditions and to such extent as may be provided in the decree, the development of industrial strategies;

(q)  Participate, subject to such conditions and to such extent as may be provided in the decree, in the development of manpower training by drawing up and implementing a training plan subject to accreditation in accordance with section 8 of the Act to foster the development of manpower training (chapter D-7.1);

(r)  Use, for the purpose of drawing up and implementing an accredited training plan, the subsidies paid to the committee for such purpose or, by regulation approved with or without amendment by the Government, apply the following modes of financing only:

(1)  the levy upon the professional employer of an amount not exceeding 1/2 % of the employer’s total payroll calculated in accordance with section 4 of the Act to foster the development of manpower training; such a regulation does not apply to a professional employer who is exempted under that Act or under the committee regulation;

(2)  the imposition of fees for the use of services offered within the framework of the training plan, and the determination of exemptions.

The Government may, at any time, by order published in the Gazette officielle du Québec, terminate or suspend any levy or reduce or increase the rate thereof.

Any insurance contract to give effect to subparagraph m of the second paragraph must be entered into by the committee as the policyholder and as the beneficiary of any amount paid by the insurer as a dividend, return or premium refund. Any such amount shall be included in the audited financial statements referred to in section 23 and shall be applied to the improvement of the insurance plan.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87; 1984, c. 45, s. 15; 1986, c. 95, s. 128; 1996, c. 71, s. 20; 1997, c. 80, s. 62.

1996-12-23

22. From and after the publication of the notice contemplated in section 19, the committee is a legal person.

From the mere fact of its formation, it may, as of right:

(a)  Exercise all recourses arising out of the decree or this Act in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of 15 days, or to produce the certificate of competency;

(a.1)  Exercise against the directors of a legal person all remedies available to and exercisable by employees under this Act or a decree;

(b)  On the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  Recover from a professional employer who violates the provisions of any decree relating to wages a sum equal to 20 % of the difference between the obligatory wage and that actually paid;

(d)  Effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the foregoing paragraphs;

(e)  Appoint a general manager, a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security in the form of an insurance policy approved beforehand by the Minister.

The general manager, the secretary and any inspector may, as of right and at any reasonable time, enter any worksite or establishment of any employer and examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

The general manager, the secretary or any inspector shall, on request, identify himself and produce a certificate of his capacity issued by the committee;

The general manager, the secretary or any inspector may also require the production of any document referred to in the second paragraph or any document relating to the application of this Act, a decree or a regulation, make a copy thereof and certify it as a true copy of the original. The copy is admissible as proof and has the same probative value as the original;

(f)  By demand in writing made to any professional employer or artisan, require that a copy sent to him of any provision of the decree, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  By regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name, address and social insurance number of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  By a regulation approved by the Government and published in the Gazette officielle du Québec, oblige any professional employer to transmit to it a monthly report giving:

(1)  the name, address and social insurance number of each employee in his employ, his competency, the nature of his work, the regular and extra hours of labour done each week by the employee, the total number of such hours, his hourly wage rate and his total earnings;

(2)  the allowances paid to each employee for annual vacations with pay and paid holidays and any other allowance or benefit of a monetary value.

The regulation may also render compulsory the use of a form;

(i)  By a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  (Subparagraph repealed);

(2)  Such levy shall not exceed the 1/2 % of the employee’s remuneration, and the 1/2 % of the professional employer’s pay-list;

(3)  The regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  The professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  The Government may, at any time, by an order published in the Gazette officielle du Québec, terminate or suspend the levy or reduce or increase the rate thereof;

(j)  (Subparagraph repealed);

(k)  Render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Manpower Vocational Training and Qualification Act;

(l)  By regulation approved with or without amendment by the Government, determine the amount of the attendance allowance to which its members are entitled in addition to their actual travelling expenses;

(m)  If the decree provides for social security benefits or the administration by the parity committee of a vacation pay fund:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

(n)  Levy, up to the amount prescribed by the regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, out of the interest from the funds kept in trust for vacation pay, where such is the case, the sums necessary for the administration of the fund;

(o)  Use, for its general administration, up to the amount and on the conditions prescribed by regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, the unclaimed funds kept in trust until the employee submits his claim;

(p)  Support, subject to such conditions and to such extent as may be provided in the decree, the development of industrial strategies;

(q)  Participate, subject to such conditions and to such extent as may be provided in the decree, in the development of manpower training by drawing up and implementing a training plan subject to accreditation in accordance with section 8 of the Act to foster the development of manpower training (chapter D-7.1);

(r)  Use, for the purpose of drawing up and implementing an accredited training plan, the subsidies paid to the committee for such purpose or, by regulation approved with or without amendment by the Government, apply the following modes of financing only:

(1)  the levy upon the professional employer of an amount not exceeding 1/2 % of the employer’s total payroll calculated in accordance with section 4 of the Act to foster the development of manpower training; such a regulation does not apply to a professional employer who is exempted under that Act or under the committee regulation;

(2)  the imposition of fees for the use of services offered within the framework of the training plan, and the determination of exemptions.

The Government may, at any time, by order published in the Gazette officielle du Québec, terminate or suspend any levy or reduce or increase the rate thereof.

Any insurance contract to give effect to subparagraph m of the second paragraph must be entered into by the committee as the policyholder and as the beneficiary of any amount paid by the insurer as a dividend, return or premium refund. Any such amount shall be included in the audited financial statements referred to in section 23 and shall be applied to the improvement of the insurance plan.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87; 1984, c. 45, s. 15; 1986, c. 95, s. 128; 1996, c. 71, s. 20.

1987-02-15

22. From and after the publication of the notice contemplated in section 19, the committee shall constitute a corporation and shall have the general powers, rights and privileges appertaining to ordinary civil corporations.

From the mere fact of its formation, it may, as of right:

(a)  Exercise all recourses arising out of the decree or this Act in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of fifteen days, or to produce the certificate of competency;

(b)  On the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  Recover from the employer who violates the provisions of any decree relating to wages a sum equal to 20% of the difference between the obligatory wage and that actually paid;

(d)  Effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the three foregoing paragraphs;

(e)  Appoint a general manager, a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security by a guarantee policy which shall be transmitted to the Minister.

The general manager, the secretary and any inspector may, as of right and at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

The general manager, the secretary or any inspector shall, on request, identify himself and produce a certificate of his capacity issued by the committee;

The general manager, the secretary or any inspector may also require the production of any document referred to in the second paragraph or any document relating to the application of this Act, a decree or a regulation, make a copy thereof and certify it as a true copy of the original. The copy is admissible as proof and has the same probative value as the original;

(f)  By demand in writing made to any employer or artisan, require that a copy sent to him of any provision of the decree, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  By regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name in full, address and social insurance number of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  By a regulation approved by the Government and published in the Gazette officielle du Québec, oblige any professional employer to transmit to it a monthly report giving:

(1)  the name in full, address and social insurance number of each employee in his employ, his competency, the nature of his work, the regular and extra hours of labour done each week by the employee, the total number of such hours, his hourly wage rate and his total earnings;

(2)  the allowances paid to each employee for annual vacations with pay and paid holidays and any other allowance or benefit of a monetary value.

The regulation may also render compulsory the use of a form;

(i)  By a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  (Subparagraph repealed);

(2)  Such levy shall not exceed the 1/2% of the employee’s remuneration, and the 1/2% of the professional employer’s pay-list;

(3)  The regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  The professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  The Government may, at any time, by an order published in the Gazette officielle du Québec, terminate or suspend the levy or reduce or increase the rate thereof;

(j)  (Subparagraph repealed);

(k)  Render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Manpower Vocational Training and Qualification Act;

(l)  By regulation approved with or without amendment by the Government, determine the amount of the attendance allowance to which its members are entitled in addition to their actual travelling expenses;

(m)  If the decree provides for social security benefits or the administration by the parity committee of a vacation pay fund:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

(n)  Levy, up to the amount prescribed by the regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, out of the interest from the funds kept in trust for vacation pay, where such is the case, the sums necessary for the administration of the fund;

(o)  Use, for its general administration, up to the amount and on the conditions prescribed by regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, the unclaimed funds kept in trust until the employee submits his claim.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87; 1984, c. 45, s. 15; 1986, c. 95, s. 128.

1984-12-21

22. From and after the publication of the notice contemplated in section 19, the committee shall constitute a corporation and shall have the general powers, rights and privileges appertaining to ordinary civil corporations.

From the mere fact of its formation, it may, as of right:

(a)  Exercise all recourses arising out of the decree or this Act in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of fifteen days, or to produce the certificate of competency;

(b)  On the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  Recover from the employer who violates the provisions of any decree relating to wages a sum equal to 20% of the difference between the obligatory wage and that actually paid;

(d)  Effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the three foregoing paragraphs;

(e)  Appoint a general manager, a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security by a guarantee policy which shall be transmitted to the Minister.

The general manager, the secretary and any inspector may, as of right and at any time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

The general manager, the secretary or any inspector may also require the production of any document referred to in the second paragraph or any document relating to the application of this Act, a decree or a regulation, make a copy thereof and certify it as a true copy of the original. The copy is admissible as proof and has the same probative value as the original;

(f)  By demand in writing made to any employer or artisan, require that a copy sent to him of any provision of the decree, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  By regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name in full, address and social insurance number of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  By a regulation approved by the Government and published in the Gazette officielle du Québec, oblige any professional employer to transmit to it a monthly report giving:

(1)  the name in full, address and social insurance number of each employee in his employ, his competency, the nature of his work, the regular and extra hours of labour done each week by the employee, the total number of such hours, his hourly wage rate and his total earnings;

(2)  the allowances paid to each employee for annual vacations with pay and paid holidays and any other allowance or benefit of a monetary value.

The regulation may also render compulsory the use of a form;

(i)  By a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  (Subparagraph repealed);

(2)  Such levy shall not exceed the 1/2% of the employee’s remuneration, and the 1/2% of the professional employer’s pay-list;

(3)  The regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  The professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  The Government may, at any time, by an order published in the Gazette officielle du Québec, terminate or suspend the levy or reduce or increase the rate thereof;

(j)  (Subparagraph repealed);

(k)  Render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Manpower Vocational Training and Qualification Act;

(l)  By regulation approved with or without amendment by the Government, determine the amount of the attendance allowance to which its members are entitled in addition to their actual travelling expenses;

(m)  If the decree provides for social security benefits or the administration by the parity committee of a vacation pay fund:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

(n)  Levy, up to the amount prescribed by the regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, out of the interest from the funds kept in trust for vacation pay, where such is the case, the sums necessary for the administration of the fund;

(o)  Use, for its general administration, up to the amount and on the conditions prescribed by regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, the unclaimed funds kept in trust until the employee submits his claim.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87; 1984, c. 45, s. 15.

1979-02-15

22. From and after the publication of the notice contemplated in section 19, the committee shall constitute a corporation and shall have the general powers, rights and privileges appertaining to ordinary civil corporations.

From the mere fact of its formation, it may, as of right:

(a)  Exercise all recourses arising out of the decree in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of fifteen days, or to produce the certificate of competency;

(b)  On the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  Recover as well from the employer as from the employee who violate the provisions of any decree relating to wages, and from each of them, a sum equal to 20% of the difference between the obligatory wage and that actually paid;

(d)  Effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the three foregoing paragraphs;

(e)  Appoint a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security by a guarantee policy which shall be transmitted to the Minister.

The secretary and any inspector may, as of right and at any time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

(f)  By demand in writing made to any employer or artisan, require that a copy sent to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  By regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name in full and residence of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  By a regulation published in the Gazette officielle du Québec, oblige any professional employer to transmit to him a monthly report in writing giving the name in full and address of each employee in his employ, his competency, the regular and extra hours of labour done each week and the nature of such labour and the wage paid;

(i)  By a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  The estimate of the receipts and expenses must be submitted to the Government at the same time as the by-law fixing the method and rate of the levy;

(2)  Such levy shall not exceed the one-half per cent of the employee’s remuneration, and the one-half per cent of the professional employer’s pay-list;

(3)  The regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  The professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  The Government may, at any time, by an order published in the Gazette officielle du Québec, terminate the levy or reduce or increase the rate thereof;

(j)  (Subparagraph repealed);

(k)  Render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Manpower Vocational Training and Qualification Act;

(l)  By regulation approved by the Government, grant to its members, in addition to their travelling expenses, fees not exceeding five dollars for each attendance; such remuneration not to be paid for more than one meeting per week;

(m)  If the decree provides for social security benefits:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87.

1977-12-31

22. From and after the publication of the notice contemplated in section 19, the committee shall constitute a corporation and shall have the general powers, rights and privileges appertaining to ordinary civil corporations.

From the mere fact of its formation, it may, as of right:

(a)  Exercise all recourses arising out of the decree in favour of employees who have not caused a suit to be served within a period of fifteen days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of fifteen days, or to produce the certificate of competency;

(b)  On the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for fifteen days;

(c)  Recover as well from the employer as from the employee who violate the provisions of any decree relating to wages, and from each of them, a sum equal to 20% of the difference between the obligatory wage and that actually paid;

(d)  Effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the three foregoing paragraphs;

(e)  Appoint a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee’s funds must give security by a guarantee policy which shall be transmitted to the Minister.

The secretary and any inspector may, as of right and at any time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

(f)  By demand in writing made to any employer or artisan, require that a copy sent to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(g)  By regulation, approved by the Gouvernement and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name in full and residence of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

(h)  By a regulation published in the Gazette officielle du Québec, oblige any professional employer to transmit to him a monthly report in writing giving the name in full and address of each employee in his employ, his competency, the regular and extra hours of labour done each week and the nature of such labour and the wage paid;

(i)  By a regulation approved by the Gouvernement and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:

(1)  The estimate of the receipts and expenses must be submitted to the Gouvernement at the same time as the by-law fixing the method and rate of the levy;

(2)  Such levy shall not exceed the one-half per cent of the employee’s remuneration, and the one-half per cent of the professional employer’s pay-list;

(3)  The regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

(4)  The professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

(5)  The Gouvernement may, at any time, by an order published in the Gazette officielle du Québec, terminate the levy or reduce or increase the rate thereof;

(j)  By resolution, grant, upon proof deemed sufficient, to any employee of limited physical or mental fitness, a certificate authorizing him to work upon conditions determined and different from those contemplated in the decree;

(k)  Render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Manpower Vocational Training and Qualification Act;

(l)  By regulation approved by the Gouvernement, grant to its members, in addition to their travelling expenses, fees not exceeding five dollars for each attendance; such remuneration not to be paid for more than one meeting per week;

(m)  If the decree provides for social security benefits:

(1)  collect the requisite contributions;

(2)  verify the conditions upon which the benefits are payable;

(3)  pay the benefits.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60.