E-20.1 - Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter E-20.1

Act to secure the handicapped in the exercise of their rights

CHAPTER I DEFINITIONS

1. In this Act, unless otherwise indicated by the context,

(a)  “adapted work centre” means any association or body holding a certificate issued pursuant to section 37;

(b)  (paragraph repealed);

(c)  “institution” means any institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5);

(d)  (paragraph repealed);

(e)  “Office” means the Office des personnes handicapées du Québec established under section 2;

(f)  “promotional organization” means any organization established pursuant to an Act of Québec which is mainly dedicated to the safeguard of the rights, the promotion of the interests and the improvement of the living conditions of the handicapped;

(g)  “handicapped person”, or “the handicapped” in the plural, means a person limited in the performance of normal activities who is suffering, significantly and permanently, from a physical or mental deficiency, or who regularly uses a prosthesis or an orthopedic device or any other means of palliating his handicap.

1978, c. 7, s. 1; 1981, c. 23, s. 13; 1992, c. 21, s. 167, s. 375; 1994, c. 23, s. 23; 1997, c. 43, s. 237.

CHAPTER II THE OFFICE DES PERSONNES HANDICAPÉES DU QUÉBEC

DIVISION I ESTABLISHMENT

2. A body is established under the name of “Office des personnes handicapées du Québec”.

1978, c. 7, s. 2.

3. The Office is a corporation within the meaning of the Civil Code of Lower Canada; it is vested with the general powers of such a corporation and with the special powers conferred on it by this Act.

1978, c. 7, s. 3.

4. The Office has the rights and privileges of a mandatary of the Government.

The property of the Office forms part of the public domain, but the obligations of the Office may be levied on its property.

The Office binds none but itself when it acts in its own name.

1978, c. 7, s. 4.

5. The corporate seat of the Office shall be at the place determined by the Government; notice of the location or of any change of location of the corporate seat shall be published in the Gazette officielle du Québec.

The Office may hold its sittings at any place in Québec.

1978, c. 7, s. 5.

6. The Office is composed of fourteen members, including the chairman, all appointed by the Government.

Members of the Office other than the chairman shall be appointed in the following manner:

(a)  eleven members, including the vice-chairman, after consultation with those promotional organizations which are the most representative of the various regions of Québec;

(b)  one member after consultation with those promotional organizations which are the most representative of employers;

(c)  one member after consultation with those organizations which are the most representative of associations of employees.

1978, c. 7, s. 6; 1981, c. 23, s. 14.

7. The Deputy Minister of Health and Social Services, the Deputy Minister of Education, the Deputy Minister of Industry, Trade, Science and Technology, the Deputy Minister of Labour, the Deputy Minister of Employment and Solidarity, the Deputy Minister of Justice, the Deputy Minister of Municipal Affairs, the Deputy Minister of the department or the chief executive officer of the body designated under section 6 of the Act respecting government services to departments and public bodies (chapter S-6.1), the Deputy Minister of Transport, the Deputy Minister of Culture and Communications, the Deputy Minister of Environment and Wildlife or their representatives are also, ex officio, members of the Office but they do not vote.

1978, c. 7, s. 7; 1979, c. 77, s. 27; 1981, c. 9, s. 34; 1982, c. 53, s. 31; 1984, c. 27, s. 63; 1983, c. 40, s. 71; 1984, c. 36, s. 38; 1985, c. 21, s. 64; 1985, c. 23, s. 24; 1986, c. 52, s. 17; 1988, c. 41, s. 89; 1992, c. 44, s. 81; 1993, c. 51, s. 34; 1994, c. 12, s. 39; 1994, c. 14, s. 13; 1994, c. 16, s. 22; 1994, c. 17, s. 76; 1994, c. 18, s. 40; 1996, c. 29, s. 43; 1997, c. 63, s. 128.

8. The chairman shall be appointed for a period not exceeding five years and the other members referred to in section 6 shall be appointed for three years.

However, three of the first members other than the chairman and the vice-chairman shall be appointed for one year, four for two years and the remaining two members for three years.

1978, c. 7, s. 8.

9. Every member of the Office shall remain in office notwithstanding the expiry of his term until he is replaced or reappointed.

1978, c. 7, s. 9.

10. Any vacancy occurring during the term of office of a member other than the chairman shall be filled for the remainder of the term of such member in accordance with the mode of appointment prescribed in section 6.

1978, c. 7, s. 10.

11. The Government shall fix the indemnities and allowances to which the members are entitled, as well as the salary of the chairman. This salary, once fixed, shall not be reduced.

1978, c. 7, s. 11.

12. Eight members including the chairman or the vice-chairman are a quorum of the Office. In case of a tie-vote, the chairman or, if he is absent, the vice-chairman has a casting vote.

1978, c. 7, s. 12; 1981, c. 23, s. 15.

13. On pain of forfeiture of office, no member of the Office may have a direct or indirect interest in an undertaking putting his personal interest in conflict with that of the Office.

However, such forfeiture shall not be incurred if such interest devolves to him by succession or gift, provided that he renounces or disposes of it with all possible dispatch.

1978, c. 7, s. 13.

14. The chairman shall exercise his duties of office on a full-time basis.

1978, c. 7, s. 14.

15. The chairman is responsible for the administration of the business of the Office within the scope of its internal management by-laws.

1978, c. 7, s. 15.

16. If the chairman is unable to act, he shall be replaced by the vice-chairman.

1978, c. 7, s. 16.

17. The secretary and the other functionaries and employees of the Office are appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1978, c. 7, s. 17; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

18. An executive committee is established, composed of five members, including the chairman, the vice-chairman, and three other members of the Office referred to in section 6 appointed each year by the members of the Office.

1978, c. 7, s. 18.

19. The minutes of the sittings of the Office approved by it and certified by the secretary or by the person authorized to do so by by-law of internal management, are authentic; the same rule applies to documents and copies emanating from the Office or forming part of its records, when so certified.

1978, c. 7, s. 19.

20. The records established by the Office in respect of a handicapped person are confidential. No person shall give or take written or verbal communication of or otherwise have access to them, even for an inquiry, except with the express or implied authorization of the handicapped person, or on the order of the court, or in the other cases provided for by law or the regulations.

However, every person may examine such a record for the purpose of study, teaching or research, with the authorization of the Office, provided that the anonymity of the handicapped person is preserved.

Every handicapped person to whom the Office refuses access to or to give written or verbal communication of his record may, on summary motion, apply to the Administrative Tribunal of Québec to obtain access to or, as the case may be, communication of it.

The Tribunal shall order the Office to give such handicapped person access to or, as the case may be, communication of his record, unless the Office is of the opinion that it would be seriously prejudicial to the health of such handicapped person to examine his record.

1978, c. 7, s. 20; 1997, c. 43, s. 238.

21. The Office may obtain any information from any department or body of the Government whenever it is necessary for the application of this act.

However, where such information is confidential, the Office shall not give or receive written or verbal communication of or otherwise have access to it, even for an inquiry, except with the express or implied authorization of the handicapped person, or on the order of the court, or in the other cases provided by law or the regulations.

1978, c. 7, s. 21.

22. A handicapped person fourteen years old or over may validly give the authorization required under sections 20 and 21.

1978, c. 7, s. 22.

23. Not later than 31 May each year, the Office must transmit to the Minister a report of its activities for the preceding fiscal year; such report must also contain all such information as may be required by the Minister.

The Minister shall table the report of the Office in the National Assembly if he receives it during a session; if he receives it while the National Assembly is not sitting, he shall table it within thirty days after the opening of the next session or after resumption, as the case may be.

The Office must furnish the Minister with any other information he may require regarding its activities.

1978, c. 7, s. 23.

24. The Minister, within the scope of the responsibilities and powers conferred on him, may issue guidelines in regard to the Office’s objectives and orientations in exercising the functions conferred on it by the Act.

Such guidelines must be submitted to the Government for approval. If they are so approved, they are binding on the Office and it must conform to them.

Every guideline issued under this section must be tabled before the National Assembly, if it is in session, within fifteen days of its approval by the Government. If the guideline is issued while the National Assembly is not sitting, the guideline must be tabled before it within fifteen days of the opening of the next session or, as the case may be, of resumption.

1978, c. 7, s. 24.

DIVISION II FUNCTIONS OF THE OFFICE

§ 1 . — Duties and powers of the Office

25. The functions of the Office are to see to the coordination of the services offered to handicapped persons, to inform and advise handicapped persons, to promote their interests and to favour their educational vocational and social integration.

The Office shall

(a)  favour, within the departments, municipalities, school boards and other public or private agencies, the coordination and promotion of services required by the handicapped to facilitate their access to dwelling facilities and to goods and services, their moving about, their entry on the labour market, their access to educational services and their participation in socio-cultural and recreational activities;

(b)  see to the preparation of service programmes in accordance with Chapter III;

(c)  prepare, after consultation with the interested persons and bodies, inventories establishing the needs of the handicapped and the existing resources;

(d)  prepare, assemble and distribute documents or information concerning the improvement of the lot of the handicapped and the services and benefits available to them to facilitate their participation in socio-economic life;

(e)  promote the implementation, by institutions and agencies, of preventive measures designed to safeguard the physical and mental integrity of persons;

(f)  keep a register of the dwelling facilities accessible to handicapped persons using wheel-chairs;

(g)  organize, in cooperation with employment centres or any other agency, information campaigns directed at employers and employees to promote the employment of handicapped persons;

(h)  carry out research and studies on the educational, vocational and social integration of handicapped persons, the protection of their rights and the promotion of their interests;

(i)  periodically compile and publish statistics concerning the handicapped population of Québec.

1978, c. 7, s. 25; 1988, c. 84, s. 610; 1992, c. 21, s. 375; 1996, c. 2, s. 677.

26. The Office may,

(a)  at the request of a handicapped person, represent and assist him in dealings with departments, public agencies, municipalities, school boards, educational institutions, institutions and insurance companies to ensure the exercise of his rights;

(b)  designate regional representatives and determine their functions, powers and duties;

(c)  conclude, in accordance with law, agreements with another government of Canada, a foreign government or a department or agency of any such government for the application of this Act;

(d)  subject to paragraph c, conclude agreements with any establishment or agency to promote the school, vocational and social integration of the handicapped;

(e)  determine criteria concerning the identification of handicapped persons.

1978, c. 7, s. 26; 1988, c. 84, s. 611; 1992, c. 21, s. 375; 1996, c. 2, s. 678.

27. The Office may authorize, in writing, a person, an institution or an agency to exercise all or part of the powers and duties conferred on it by this Act.

1978, c. 7, s. 27; 1992, c. 21, s. 375.

28. The Office may form special advisory committees to study special questions, and entrust such committees with gathering any pertinent information and reporting their findings and recommendations to the Office.

Such committees may be composed wholly or in part of persons who are not members of the Office; the attendance allowances and fees of such persons shall be determined by the Office in accordance with the standards established for that purpose by the Government.

1978, c. 7, s. 28.

29. The Office may, at the request of a handicapped person, provide for his identification in the manner and for the purposes determined by regulation. However, such identification shall not be required of a handicapped person for a purpose other than that for which it was obtained.

1978, c. 7, s. 29.

30. Any handicapped person whose request for identification is rejected may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec.

1978, c. 7, s. 30; 1997, c. 43, s. 239.

30.1. (Repealed).

1987, c. 94, s. 106; 1997, c. 49, s. 9.

31. The Office must, for safety purposes, prescribe, by regulation, a symbol allowing the identification of dwelling facilities occupied by a handicapped person who is significantly restricted in his movements.

1978, c. 7, s. 31.

32. Subject to section 20, the Office may, by regulation, determine the contents and establish rules on the preservation, consultation and destruction of the record of a handicapped person.

1978, c. 7, s. 32.

33. The Office may make by-laws

(a)  for its internal management;

(b)  for the establishment of an executive committee and the determination of its powers;

(c)  for the determination of the duties and powers of its personnel;

(d)  for the establishment of committees entrusted with the employment of handicapped persons in adapted work centres contemplated in section 37, and the determination of the powers of such committees.

The by-laws of the Office come into force on the day of their publication in the Gazette officielle du Québec.

1978, c. 7, s. 33; 1980, c. 11, s. 102.

§ 2 . — Promotional organizations

34. The Office may grant subsidies to the promotional organizations to foster their promotion of the interests of handicapped persons.

1978, c. 7, s. 34.

35. Every promotional organization receiving subsidies from the Office shall, not later than 30 June each year, file with the Office a report of its activities for the preceding fiscal year. Such report shall contain the following information:

(a)  a copy of its memorandum of incorporation and by-laws;

(b)  a financial statement comprising, in particular, information relating to the utilisation of the subsidies; and

(c)  any other information required by the Office.

1978, c. 7, s. 35.

§ 3 . — Adapted work centres

36. No one may use the title of “adapted work centre” or act as such unless he holds a certificate issued by the Office.

1978, c. 7, s. 36.

37. The Office may grant an adapted work centre certificate to any cooperative or non-profit organization which:

(a)  produces goods or services;

(b)  employs, in majority, handicapped persons incapable of working under ordinary conditions, to allow them to utilize and develop their capacity for work under appropriate working conditions;

(c)  provides handicapped persons with useful and remunerative work; and

(d)  complies with the requirements prescribed by regulation.

1978, c. 7, s. 37; 1982, c. 26, s. 300.

38. The Office may grant to any adapted work centre subsidies in accordance with the terms and conditions fixed by regulation, as well as technical or professional assistance.

1978, c. 7, s. 38.

39. Not later than 30 June each year, every adapted work centre shall file with the Office a report of its activities for the preceding fiscal year. Such report shall contain the information required by the Office.

1978, c. 7, s. 39.

40. The Office may, if it has reasonable cause to believe that an adapted work centre does not meet one of the requirements prescribed by section 37 or utilizes subsidies for purposes other than those for which they were granted, assume provisional administration of such centre.

1978, c. 7, s. 40.

41. From the date where the Office decides to assume provisional administration of an adapted work centre, the powers of the centre are suspended for a period of not more than ninety days.

The Minister may, upon the recommendation of the Office, extend such period.

1978, c. 7, s. 41.

42. As soon as possible after assuming the provisional administration of an adapted work centre, the Office shall make a report to the Minister of its findings, accompanied with its recommendations.

The Office must, before submitting such report to the Minister, give the adapted work centre the opportunity to present observations.

1978, c. 7, s. 42; 1997, c. 43, s. 240.

43. The Office may suspend, annul or refuse to renew the certificate of any adapted work centre which

(a)  is guilty of an offence against this Act or the regulations; or

(b)  no longer fulfils the conditions required for obtaining its certificate.

The Office shall, before making such a decision, notify the adapted work centre in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow it at least 10 days to present observations.

1978, c. 7, s. 43; 1997, c. 43, s. 241.

44. Any adapted work centre whose application for a certificate is refused or whose certificate is suspended or revoked may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec.

1978, c. 7, s. 44; 1997, c. 43, s. 242.

CHAPTER III EDUCATIONAL, VOCATIONAL AND SOCIAL INTEGRATION

DIVISION I SERVICE PROGRAMME

45. Every handicapped person who is a resident of Québec within the meaning of the Health Insurance Act (chapter A-29) may apply to the Office for the preparation of a service programme to facilitate his educational, vocational and social integration. This application must be presented in accordance with the procedure prescribed by regulation of the Office.

1978, c. 7, s. 45.

46. The applicant must provide all the information necessary for the consideration of his application.

1978, c. 7, s. 46.

47. The Office shall decide on the eligibility of a handicapped person for a service program, in accordance with the criteria and standards fixed by regulation, within sixty days of the receipt of the application. The decision of the Office must be substantiated and forwarded to the handicapped person in writing.

1978, c. 7, s. 47.

48. Every handicapped person who believes himself aggrieved pursuant to a decision rendered by the Office under section 47 may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec.

1978, c. 7, s. 48; 1997, c. 43, s. 243.

49. The Office shall see to the preparation of the service program of a handicapped person it declares eligible in accordance with section 47, in particular, by appealing directly to existing resources and local and regional organizations.

1978, c. 7, s. 49.

50. A service program may include any or several of the following elements:

(a)  a functional, medical and social rehabilitation program;

(b)  a social integration program;

(c)  educational and vocational guidance;

(d)  a general educational and vocational study program;

(e)  a remunerative employment.

Such a service program may be amended to take account of new circumstances.

In the elaboration of a service program and in making amendments to it, the Office must respect the free choice of the handicapped person.

1978, c. 7, s. 50.

51. In preparing and executing a service program, the Office shall help the handicapped person to obtain the required services from the departments, public agencies and other public administrative bodies.

1978, c. 7, s. 51.

DIVISION II MATERIAL ASSISTANCE

52. The Office may grant material assistance to any handicapped person eligible for a service programme under this act and the regulations.

1978, c. 7, s. 52.

53. Material assistance is granted as a complement in accordance with the standards, terms and conditions prescribed by regulation for the purpose of allowing the service programme to be carried out. In granting this assistance, account is taken of the needs of the handicapped person, the resources at his disposal, and the benefits, allowances and other advantages he may receive under any other legislative or regulatory provision.

1978, c. 7, s. 53.

54. The Office shall determine the nature, amount or value and the duration of the material assistance as well as those costs of execution of the service programme which are to be discharged by the handicapped person or his family, within the meaning of section 5 of the Act respecting income security (chapter S-3.1.1).

The decision of the Office must be substantiated and forwarded to the handicapped person in writing.

1978, c. 7, s. 54; 1988, c. 51, s. 115.

55. Amounts paid and goods furnished as material assistance pursuant to this division are unassignable and unseizable. Such material assistance must be used for the purposes for which it was granted and must not be taken into account when granting or computing benefits, allowances or income replacement benefits under any other provision of law or the regulations.

1978, c. 7, s. 55.

56. Every handicapped person to whom the Office grants material assistance shall without delay notify the Office of any change in his situation which renders inaccurate any information furnished by him to obtain material assistance.

1978, c. 7, s. 56.

57. No material assistance shall be granted unless the handicapped person, on the conditions prescribed by regulation, undertakes to contribute to the execution of his service programme, furnish to the Office all the information and documents necessary to decide on his eligibility and defray the expenses of execution of the programme which are left to him or his family.

1978, c. 7, s. 57.

58. The Office may reduce, suspend for the space of time it determines or cancel material assistance in the case of a handicapped person who, without sufficient reason, refuses or neglects to respect the undertaking contemplated in section 57.

The decision of the Office must be substantiated and forwarded to the handicapped person in writing.

The Office shall, before making such a decision, notify the handicapped person in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow him at least 10 days to present observations.

1978, c. 7, s. 58; 1997, c. 43, s. 244.

59. Every handicapped person who believes himself aggrieved pursuant to a decision rendered by the Office under section 52, 54 or 58 may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec.

1978, c. 7, s. 59; 1997, c. 43, s. 245.

60. Every person who receives material assistance whereas he is not entitled to it, or who uses it for purposes other than those for which it was granted, is indebted to the Office for the amount or value thereof.

The amount or value of such material assistance may, at all times, be recovered by the Office as a debt due to the public treasury or be deducted from any future payment.

1978, c. 7, s. 60.

DIVISION III CONTRACT OF VOCATIONAL INTEGRATION

61. The Office may enter with any employer and a handicapped person who is the recipient of a service programme into a contract for the vocational integration of such person into the labour market. The term of such a contract shall not exceed six months but may be renewed.

1978, c. 7, s. 61.

DIVISION IV EMPLOYMENT OF THE HANDICAPPED

62. The Office may, in accordance with the terms and conditions provided by regulation, grant subsidies to an employer other than an adapted work centre to enable him to adapt job openings to the capacities of a handicapped person or to otherwise promote his employment.

The Office may require from an employer to whom it has so granted a subsidy, reports on the utilization he has made thereof and any information and document it may require in connection with the employment of a handicapped person.

The Office may, by regulation, determine the form and content of the reports it may require from an employer under the preceding paragraph and the time when such reports must be filed.

1978, c. 7, s. 62.

63. Every employer having fifty or more employees on the date of the coming into force of this section shall, within the period fixed in accordance with section 64, which in no case may be later than 1 July 1984, submit to the Office, in cooperation with the representative of the association of employees, where that is the case, a program designed to ensure the hiring of handicapped persons within a reasonable period.

1978, c. 7, s. 63; 1981, c. 23, s. 16.

63.1. Every other employer having fifty or more employees after the date of the coming into force of section 63 shall, within the period fixed in accordance with section 64, submit to the Office, in cooperation with the representative of the association of employees, where that is the case, a program designed to ensure the hiring of handicapped persons within a reasonable period.

1981, c. 23, s. 16.

63.2. The Office shall, before 1 July 1985 for a program submitted to it in accordance with section 63, or within one year from the date on which a program is submitted to it in accordance with section 63.1, analyse it, approve it or request that it be changed or that a new program be submitted to it within the period that it determines.

1981, c. 23, s. 16.

63.3. The Office may require, from an employer whose hiring program it has approved, a report on the implementation of the program, and may, by regulation, prescribe the intervals at which such a report must be filed, the tenor thereof and the documents that must accompany it.

The Office may, after examining the report, request that the hiring program be changed or that a new program be submitted to it within the period that it determines.

1981, c. 23, s. 16.

64. The Office may, by regulation,

(1)  define the words “employer” and “employee” for the purposes of the application of this division;

(2)  establish categories of employers according to regions, the nature of the activities they carry on and the number of employees they employ;

(3)  fix for each of the categories so established, the period within which the plan contemplated in section 63 or 63.1 must be submitted to it; and

(4)  determine the content of that plan and the documents that the employer must annex thereto.

1978, c. 7, s. 64; 1981, c. 23, s. 17.

65. (Repealed).

1978, c. 7, s. 65; 1981, c. 23, s. 18.

CHAPTER IV MISCELLANEOUS PROVISIONS

66. The Office must enter with the Commission de la santé et de la sécurité du travail into a service contract whereby the parties undertake, within the scope of their respective jurisdictions, to render available and provide services to persons qualified to benefit by this Act and the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

Such a contract must determine the nature of the services which the Office undertakes to render available to beneficiaries of the Act respecting industrial accidents and occupational diseases and the undertaking of the Commission de la santé et de la sécurité du travail to reimburse to the Office the cost of the services provided to them.

The terms of such contract must be approved by the Minister of Health and Social Services and the Minister of Labour.

1978, c. 7, s. 66; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1985, c. 6, s. 477; 1985, c. 23, s. 24; 1994, c. 12, s. 40; 1996, c. 29, s. 43.

67. Every public transport company must, within the year following 2 April 1979, submit for approval to the Minister of Transport a development programme for the purpose of providing, within a reasonable delay, public transportation for the handicapped within the territory served by it.

Such programme may take account of the rate of equipment replacement and the nature of the services offered.

The Minister of Transport may approve the programme, or, as the case may be, require that it be modified, or that a new programme be submitted to him within such time as he may determine.

After approving a programme, the Minister of Transport shall see to it that it is complied with and carried out.

In this section, “public transport company” means any public agency or public body established under the Act respecting the Communauté urbaine de Montréal (chapter C-37.2), the Act respecting the Communauté urbaine de Québec (chapter C-37.3), the Act respecting the Communauté urbaine de l’Outaouais (chapter C-37.1), the Charter of the City of Laval (1965, 1st session, chapter 89), the Act respecting the Société de transport de la rive sud de Montréal (1985, chapter 32) or the Act respecting municipal and intermunicipal transit corporations (chapter C-70) to act as a carrier within the meaning of the Transport Act (chapter T-12).

1978, c. 7, s. 67.

68. (Repealed).

1978, c. 7, s. 68; 1980, c. 11, s. 103; 1988, c. 8, s. 85; 1997, c. 83, s. 32.

69. Every owner of an immovable subject to the Public Buildings Safety Act (chapter S-3) or to the Act respecting occupational health and safety (chapter S-2.1) and not subject to the Building Code (Order in Council 3326, 29 September 1976) must present to the Minister of Labour a development programme for the purpose of providing the accessibility of his immovable to handicapped persons.

The Minister of Labour may by regulation, determine the groups of immovables that will be contemplated by this section each year and the standards of accessibility to which their owners must conform.

The owner of an immovable must present his development plan within one year from the time his immovable is contemplated by such a regulation.

Such programme may take account of the cost of the alterations to be made to the immovable and the nature of the services offered.

The Minister of Labour shall, within one year from the presentation of a development plan, analyse it, and approve it or demand that it be altered or that a new plan be submitted to him within such time as he determines.

The owner of an immovable must make his immovable accessible within three years from the date of approval of his development plan.

After approving a programme, the Minister of Labour shall see to it that it is complied with and carried out.

1978, c. 7, s. 69; 1980, c. 11, s. 104; 1979, c. 63, s. 333; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1994, c. 12, s. 41; 1996, c. 29, s. 43.

70. Notwithstanding the right granted by section 10 of the Charter of human rights and freedoms (chapter C-12), the Government may, by regulation, exempt certain types or classes of immovables from the application of section 69.

The Minister of Labour may also, where he considers that the costs of the alterations to be made to the immovable and the nature of the services offered therein do not justify the providing of accessibility thereto to handicapped persons, exempt such immovable from the application of section 69.

Every draft regulation under the first paragraph is published in the Gazette officielle du Québec with a notice stating that at the expiry of not less than 90 days following such publication, it is to be submitted for approval to the Government.

The regulations contemplated in the first paragraph come into force on the day of publication in the Gazette officielle du Québec of either a notice of their approval by the Government or, if amended by it, their final text.

1978, c. 7, s. 70; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1994, c. 12, s. 41; 1996, c. 29, s. 43.

Not in force

71. Notwithstanding the right granted by section 10 of the Charter of human rights and freedoms, no handicapped person may allege discrimination solely by the fact that an immoveable is inaccessible to him if such immoveable is not subject to the Public Buildings Safety Act (chapter S-3), the Act respecting occupational health and safety (chapter S-2.1) or the regulations under those acts, if the immoveable conforms to those acts or regulations or if the owner of the immoveable complies with the development programme approved pursuant to section 69.

Furthermore, no handicapped person may allege discrimination solely by the fact that an immoveable is inaccessible to him before the expiration of one year following 15 November 1980.

1978, c. 7, s. 71; 1979, c. 63, s. 333.

72. Notwithstanding the right granted by section 10 of the Charter of human rights and freedoms, no handicapped person may, in the year following the coming into force of section 67, allege discrimination based of the sole fact that the means of transportation are not accessible for him and, after the expiration of such delay, the handicapped person shall not do so if the public transport company conforms to the development programme approved pursuant to section 67.

1978, c. 7, s. 72; 1997, c. 83, s. 33.

72.1. Sections 63 to 63.3 apply notwithstanding the Charter of human rights and freedoms (chapter C-12).

1982, c. 61, s. 26.

73. Every member, functionary or employee of the Office entrusted with supervising the observance of this act or the regulations may, during working hours, enter the premises of an adapted work centre or of an employer who has entered into a contract of vocational integration or who has received a subsidy, to oversee the execution of the contract and to assure himself that the subsidy is being used for the purposes for which it was granted. For such purpose, he may investigate and examine any relevant book, register and document and make copies thereof. He must, on demand, furnish a certificate attesting his mandate, bearing the signature of the chairman of the Office.

1978, c. 7, s. 73.

74. The regulations and by-laws of the Office provided for in sections 29, 31, 32, 37, 38, 45, 47, 52, 53, 57, 62 and 64 are approved by the Government.

Every draft regulation under the sections referred to in the first paragraph is published in the Gazette officielle du Québec with a notice stating that at the expiry of not less than ninety days following such publication, it is to be submitted for approval to the Government.

The regulations contemplated in the first paragraph come into force on the day of publication in the Gazette officielle du Québec of either a notice of their approval by the Government or, if amended by it, their final text.

1978, c. 7, s. 74.

CHAPTER V PENAL PROVISIONS

1992, c. 61, s. 302.

75. Every person who contravenes one of the provisions of this Act or of the regulations thereunder is guilty of an offence and is liable to a fine of not more than $1,400 in the case of a natural person, or a fine of not more than $7,000 in the case of a legal person.

In the case of a second or subsequent conviction, the fines provided for in the preceding paragraph are increased to $2,800 in the case of a natural person and $13,975 in the case of a legal person.

1978, c. 7, s. 75; 1986, c. 58, s. 35; 1990, c. 4, s. 418; 1991, c. 33, s. 38.

76. Every person utilizing a white cane or a dog guide while not being a visually handicapped person is guilty of an offence and is liable to the penalties provided in section 75.

In this section,

(a)  “white cane” means a cane the surface of which is at least two-thirds white; and

(b)  “dog guide” means a dog trained to guide a visually handicapped person.

1978, c. 7, s. 76.

77. (Repealed).

1978, c. 7, s. 77; 1992, c. 61, s. 303.

CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS

78. (Repealed).

1978, c. 7, s. 78; 1979, c. 48, s. 129.

79. (Repealed).

1978, c. 7, s. 79; 1979, c. 48, s. 129.

80. (Inoperative, 1979, c. 51, s. 259).

1978, c. 7, s. 80.

81. (Amendment integrated into c. C-27.1, a. 568).

1978, c. 7, s. 81.

82. (Omitted).

1978, c. 7, s. 82.

83. (Omitted).

1978, c. 7, s. 83.

84. (Omitted).

1978, c. 7, s. 84.

85. (Omitted).

1978, c. 7, s. 85.

86. (Amendment integrated into c. E-3, s. 49).

1978, c. 7, s. 86.

87. (Amendment integrated into c. D-2, s. 22).

1978, c. 7, s. 87.

88. (Amendment integrated into c. D-2, s. 29).

1978, c. 7, s. 88.

89. (Omitted).

1978, c. 7, s. 89.

90. (Amendment integrated into c. C-19, s. 412).

1978, c. 7, s. 90.

91. (Amendment integrated into c. C-19, s. 415).

1978, c. 7, s. 91.

92. (Amendment integrated into c. I-14, s. 207).

1978, c. 7, s. 92.

93. (Amendment integrated into c. I-14, s. 258).

1978, c. 7, s. 93.

94. (Amendment integrated into c. I-14, s. 480).

1978, c. 7, s. 94.

95. (Amendment integrated into c. I-14, s. 484).

1978, c. 7, s. 95.

96. (Omitted).

1978, c. 7, s. 96.

97. (Amendment integrated into c. S-8, s. 51).

1978, c. 7, s. 97.

98. (Amendment integrated into c. S-8, s. 53).

1978, c. 7, s. 98.

99. (Amendment integrated into c. S-8, s. 86).

1978, c. 7, s. 99.

100. (Omitted).

1978, c. 7, s. 100.

101. (Amendment integrated into c. C-37.3, s. 188).

1978, c. 7, s. 101.

102. (Amendment integrated into c. C-37.2, s. 253).

1978, c. 7, s. 102.

103. (Amendment integrated into c. C-37.1, s. 171).

1978, c. 7, s. 103.

104. (Omitted).

1978, c. 7, s. 104.

105. (Amendment integrated into c. R-10, s. 2).

1978, c. 7, s. 105.

106. (Amendment integrated into c. C-34, s. 21).

1978, c. 7, s. 106.

107. (Amendment integrated into c. C-34, s. 26).

1978, c. 7, s. 107.

108. (Amendment integrated into c. C-34, s. 28).

1978, c. 7, s. 108.

109. (Amendment integrated into c. C-34, s. 29).

1978, c. 7, s. 109.

110. (Amendment integrated into c. C-34, s. 32).

1978, c. 7, s. 110.

111. (Amendment integrated into c. C-34, s. 33).

1978, c. 7, s. 111.

112. (Amendment integrated into c. C-12, s. 10).

1978, c. 7, s. 112.

113. (Amendment integrated into c. C-12, s. 48).

1978, c. 7, s. 113.

114. The Government shall charge a minister with the application of this Act.

1978, c. 7, s. 114; 1981, c. 9, s. 41.

The Minister of Social Services is charged with the application of this Act. Order in Council 1652-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6520.

115. The moneys required for the carrying out of this Act shall be taken for the fiscal year 1978/1979, out of the Consolidated Revenue Fund and, for subsequent fiscal years, out of the moneys granted each year for such purpose by the Parliament.

1978, c. 7, s. 115.

116. This Act is binding on the Crown.

1978, c. 7, s. 116.

117. This Act will come into force on the date to be fixed by order of the Government, except the provisions excluded by such proclamation, which will come into force on any later date to be fixed by order of the Government.

1978, c. 7, s. 117.

118. (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 SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 7 of the statutes of 1978, in force on 1 June 1979, is repealed, except sections 78 to 85, 96 and 101 to 104, effective from the coming into force of chapter E-20.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 92 and 101 to 103 of chapter 7 of the statutes of 1978, in force on 1 November 1980, are repealed effective from the coming into force of the updating to 1 November 1980 of chapter E-20.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), the first, second and fourth paragraphs of section 68, the first, fourth and seventh paragraphs of section 69 and the second paragraph of section 70 of chapter 7 of the statutes of 1978, in force on 31 December 1981, are repealed effective from the coming into force of the updating to 31 December 1981 of chapter E-20.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 81 of chapter 7 of the statutes of 1978, in force on 1 January 1984, is repealed effective from the coming into force of the updating to 1 January 1984 of chapter E-20.1 of the Revised Statutes.

Section 7 of this Act will be amended upon the coming into force of section 41 of chapter 27 of the statutes of 1994 on the date fixed by order of the Government.

Sections 69 and 71 of this Act will be amended upon the coming into force of sections 134 and 135 of chapter 74 of the statutes of 1991 on the date or dates fixed by order of the Government.

Section 54 of this Act will be amended upon the coming into force of section 181 of chapter 36 of the statutes of 1998 on the date fixed by order of the Government.

Section 71 referred to in this Act as “not in force” will come into force on the date fixed by order of the Government (1978, c. 7, s. 117).