C-55 - Act respecting the Conseil consultatif du travail et de la main-d’oeuvre

À jour au 1^er octobre 2000

Ce document a valeur officielle.

chapter C-55

Act respecting the Conseil consultatif du travail et de la main-d’oeuvre

1. A body for study and consultation, hereinafter called “the Council”, is established under the name of “Conseil consultatif du travail et de la main-d’oeuvre”.

1968, c. 44, s. 1; 1977, c. 5, s. 14.

2. The Council shall advise the Minister of Labour on any question that the Minister submits to it respecting matters within his competence. It shall also give its opinion to any other minister on any question related to labour or manpower that the Minister of Labour submits to it, on the request of the other minister, respecting matters within the competence of that other minister.

The Council may, in addition, subject to section 16 of the Advisory Council on Labour and Manpower Act (Statutes of Québec, 1968, chapter 44), undertake the study of any question appertaining to the field of labour and manpower and cause such studies and research to be carried out as it deems useful or necessary for the pursuit of its objects.

1968, c. 44, s. 2; 1981, c. 9, s. 34; 1982, c. 53, s. 21; 1992, c. 44, s. 81; 1994, c. 12, s. 20; 1996, c. 29, s. 17.

2.1. The Council shall release the general policy taken into consideration for the purpose of advising the Minister of Labour in respect of the list of arbitrators referred to in section 77 of the Labour Code (chapter C-27) and advising him under this section. The policy may include criteria for the appraisal of the arbitrators’ qualifications and conduct.

The Council shall examine the complaints it receives concerning the remuneration paid to and the expenses claimed by the arbitrators whose names appear on the list as well as those concerning the conduct and qualifications of the arbitrators. The Council shall also examine any complaint concerning an arbitrator submitted to it by the Minister.

The Council shall attempt to settle complaints to the satisfaction of the complainant and the arbitrator. If no settlement is reached, the Council shall transmit its findings together with the recommendations that it deems appropriate to the Minister of Labour, with a copy to the complainant and the arbitrator.

1991, c. 76, s. 1; 1994, c. 12, s. 21; 1996, c. 29, s. 18.

3. The Council may invite opinions and suggestions from the public on any question of which it is about to make or is making a study, and submit its recommendations on the question to the Ministers referred to in section 2.

1968, c. 44, s. 3; 1981, c. 9, s. 34; 1982, c. 53, s. 22.

4. The Council is composed of the following members, appointed by the Government:

(1)  the president;

(2)  six persons chosen from among those who are recommended by the most representative associations of employees;

(3)  six persons chosen from among those who are recommended by the most representative employers’ associations.

The Deputy Minister of Labour, or his delegate, is also a member ex officio of the Council but is not entitled to vote.

1968, c. 44, s. 4; 1981, c. 9, s. 34; 1982, c. 53, s. 23; 1992, c. 44, s. 81; 1994, c. 12, s. 22; 1996, c. 29, s. 19; 1997, c. 23, s. 1.

5. The members of the Council, other than the president and the Deputy Minister of Labour or his delegate, shall be appointed for three years; the president shall be appointed for five years.

1968, c. 44, s. 5; 1981, c. 9, s. 34; 1982, c. 53, s. 24; 1992, c. 44, s. 81; 1994, c. 12, s. 23; 1996, c. 29, s. 20.

6. The members of the Council shall remain in office, notwithstanding the expiry of their term, until reappointed or replaced.

1968, c. 44, s. 6.

7. Any vacancy occurring during the term of office of a member of the Council other than the Deputy Minister of Labour or his delegate shall be filled by following the method prescribed for the appointment of the member to be replaced.

1968, c. 44, s. 7; 1981, c. 9, s. 34; 1982, c. 53, s. 25; 1992, c. 44, s. 81; 1994, c. 12, s. 24; 1996, c. 29, s. 20.

8. The president of the Council shall direct the activities thereof; he shall prepare the agenda of the sittings, which he shall call and preside over, coordinate the work of the Council and ensure the continuity thereof, see that the files are prepared, give the members of the Council information relating to the problems to be studied and ensure co-operation between the Council and the Minister of Labour or any other minister referred to in section 2.

The Government shall fix the fees, allowances or salary, or additional salary, as the case may be, of the president.

1968, c. 44, s. 8; 1981, c. 9, s. 34; 1982, c. 53, s. 26; 1992, c. 44, s. 81; 1994, c. 12, s. 25; 1996, c. 29, s. 21.

9. The members of the Council, other than the president and the Deputy Minister of Labour or his delegate, shall be indemnified for their expenses in attending sittings and shall receive an attendance allowance fixed by the Government.

1968, c. 44, s. 9; 1981, c. 9, s. 34; 1982, c. 53, s. 27; 1992, c. 44, s. 81; 1994, c. 12, s. 26; 1996, c. 29, s. 22.

10. The Secretary of the Council shall be appointed by the Government which shall fix his fees, allowances or salary, or additional salary, as the case may be.

If the secretary is appointed permanently, he shall not be dismissed except in accordance with section 33 of the Public Service Act (chapter F-3.1.1).

Any other officer or employee of the Council shall be appointed in accordance with the Public Service Act.

1968, c. 44, s. 10; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

11. The Council may hold its sittings at any place in Québec.

Nine members shall constitute a quorum of the Council.

1968, c. 44, s. 11; 1997, c. 23, s. 2.

12. If the president is absent from a sitting of the Council, he shall be replaced alternately by one of the members contemplated in subparagraphs 2 and 3 of section 4, designated for such purpose by the members of the Council present at the sitting.

1968, c. 44, s. 12.

13. The Council, subject to section 16 of chapter 44 of the statutes of 1968, may constitute special committees for the study of particular questions and direct them to collect pertinent information and to report their findings and recommendations to the Council.

Such committees shall be composed of members of the Council chosen in equal number from each of the classes of members contemplated in subparagraphs 2 and 3 of section 4.

The Minister, at the request of the Council, may add to any committee so constituted, as temporary members, persons who are not members of the Council. Such persons shall receive no salary as such; they may be indemnified for their expenses in attending sittings and receive an attendance allowance and fees fixed by the Government.

1968, c. 44, s. 13.

13.1. No member of the Council may be prosecuted by reason of an act done in good faith in the performance of his duties under section 2.1 of this Act, section 77 of the Labour Code (chapter C-27) and section 216 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

1991, c. 76, s. 2.

14. The Council may make by-laws for its internal management. Such by-laws must be submitted for the approval of the Government.

1968, c. 44, s. 14.

15. The Council, not later than 30 June each year, shall forward to the Minister of Labour a report of its activities for its preceding fiscal year and of the studies it has carried out or caused to be carried out in accordance with the second paragraph of section 2.

The Minister of Labour shall table the report of the Council in the National Assembly within 30 days after its receipt. If the Minister receives the report when the Assembly is not sitting, he shall table it within 30 days after the opening of the next session or, as the case may be, within 15 days after resumption.

1968, c. 44, s. 15; 1981, c. 9, s. 34; 1982, c. 53, s. 28; 1982, c. 62, s. 143; 1992, c. 44, s. 81; 1994, c. 12, s. 27; 1996, c. 29, s. 22.

16. The Minister of Labour shall have charge of the carrying out of this Act.

1968, c. 44, s. 17; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1994, c. 12, s. 28; 1996, c. 29, s. 22.

17. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 44 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 16 and 19, effective from the coming into force of chapter C-55 of the Revised Statutes.