R-14 - Act respecting the Syndical Plan of the Sûreté du Québec and of specialized police forces

À jour au 11 décembre 2020

Ce document a valeur officielle.

chapter R-14

Act respecting the Syndical Plan of the Sûreté du Québec and of specialized police forces

1968, c. 19; 2020, c. 31, s. 15.

1. In this Act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “Police Force” : the Sûreté du Québec;

(b)  “members of the Police Force” : the persons holding the appointments mentioned in subparagraphs 2 and 3 of the second paragraph of section 55 of the Police Act (chapter P-13.1) and in subparagraph 2 of the third paragraph of that section;

(b.1)  “members of the specialized anti-corruption police force” : the members of the specialized police force referred to in subparagraphs ii and iii of subparagraph c of paragraph 1 of section 8.4 of the Anti-Corruption Act (chapter L-6.1), except those referred to in the second paragraph of section 14 of that Act;

(b.2)  “members of the Bureau des enquêtes indépendantes” : the investigators of the Bureau des enquêtes indépendantes referred to in subparagraph 3 of the second paragraph of section 289.5 of the Police Act (chapter P-13.1);

(b.3)  “members of a specialized police force” : the members of the specialized anti-corruption police force and of the Bureau des enquêtes indépendantes;

(c)  “recognized association” : an association recognized by the Government under section 2;

(d)  “committee” : the joint parity committee instituted by section 7;

(e)  “labour contract” : a collective agreement within the meaning of the Labour Code (chapter C-27);

(f)  “strike” : a strike within the meaning of the Labour Code.

1968, c. 19, s. 1; 1968, c. 20, s. 1; 1977, c. 5, s. 14; 2000, c. 12, s. 329; 2008, c. 10, s. 24; 2020, c. 31, s. 16.

DIVISION I GENERAL PROVISIONS

2. The Government may recognize as the representative of all members of the Police Force or of a specialized police force an association comprising an absolute majority of such members.

1968, c. 19, s. 2; 2020, c. 31, s. 17.

3. For the purposes of such recognition, the association shall furnish the Government with a certified copy of its constitution and by-laws, a statement of the conditions for admission, entrance fees and assessments required of its members, and a list of its members.

1968, c. 19, s. 3.

4. The Government shall satisfy itself of the representative nature of the association and, if of the opinion that it represents an absolute majority of the members of the Police Force or of a specialized police force, it shall grant it the recognition contemplated in section 2.

1968, c. 19, s. 4; 2020, c. 31, s. 17.

5. The members of the Police Force or of the specialized anti-corruption police force shall not be members of an association which is not composed exclusively of members of the Police Force or exclusively of members of that specialized police force or which is affiliated or otherwise linked with another organization and shall not enter into a service agreement with such an association or organization.

The members of the Bureau des enquêtes indépendantes shall not be members of an association consisting of employees exercising the functions of a peace officer or which is affiliated or otherwise linked with an organization consisting of employees exercising the functions of a peace officer and shall not enter into a service agreement with such an association or organization.

1968, c. 19, s. 5; 2020, c. 31, s. 18.

6. The members of the Police Force and of specialized police forces are forbidden to strike.

1968, c. 19, s. 6; 2020, c. 31, s. 19.

DIVISION II JOINT PARITY COMMITTEE

7. A joint parity committee is instituted for each association recognized under section 2.

It shall consist of a chairman, who shall not have the right to vote, appointed by the Government, and eight other members of whom four shall be appointed by the Minister of Public Security and four by the recognized association.

1968, c. 19, s. 7; 1968, c. 20, s. 2; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 2020, c. 31, s. 20.

8. The committee shall:

(a)  carry on negotiations in which its members shall take part as representatives of the Minister of Public Security or of the recognized association, according as they have been appointed by the one or the other, with a view to making or renewing any labour contract respecting the remuneration, working hours, leave of absence, vacations and any other condition of employment entailing pecuniary advantages for the members of the Police Force or of a specialized police force and, for the members of the Police Force, the pension plan;

(b)  carry on such negotiations with a view to revising such a labour contract while it is in force;

(c)  study the representations of the recognized association regarding the application of such a labour contract;

(d)  settle grievances arising out of the application of such a labour contract;

(e)  hear and discuss the recommendations of the recognized association regarding improvements which may be made to the code of discipline and to the system of transfers and promotions, and concern itself with problems respecting a good team spirit within the Police Force or specialized police forces.

1968, c. 19, s. 8; 1968, c. 20, s. 3; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 2020, c. 31, s. 21.

9. The committee shall meet at least once a month. It shall also meet at the request of the chairman who shall convene it whenever requested by the Minister of Public Security or the recognized association.

1968, c. 19, s. 9; 1968, c. 20, s. 4; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

10. When it deems it expedient, the committee shall submit to the Government its recommendation on any matter referred to in paragraphs a, b and c of section 8.

1968, c. 19, s. 10.

11. Any member or former member of the Police Force or of a specialized police force who considers himself to be wronged as a result of what he considers a violation or misinterpretation of a labour contract applicable to him may require the recognized association to submit his grievance to the committee in writing.

Upon proof that the recognized association refuses to submit the grievance, the committee may hear it upon the written application of the member or former member.

Every grievance must be presented within ninety days of the date when it arose.

1968, c. 19, s. 11; 1968, c. 20, s. 5; 2020, c. 31, s. 22.

12. As soon as it is seized of a grievance by the recognized association or by a member or former member, as the case may be, the committee shall dispose thereof with all possible dispatch.

Every decision of the committee on any question contemplated in paragraph d of section 8 shall bind the parties.

1968, c. 19, s. 12; 1968, c. 20, s. 6.

DIVISION III ARBITRATION

13. If 30 days prior to the expiration of the labour contract binding the Government and the recognized association, the members of the committee representing one party cannot agree with the members representing the other party as to the renewal of such contract or the making of a new contract, the dispute shall, upon the request of one of the parties, be submitted to a judge chosen by the parties to act as arbitration officer or, failing agreement, to a judge of the Court of Québec designated by the chief judge of such court.

The award of the arbitration officer shall be rendered within 60 days after he has been chosen or designated, unless such time is prolonged by the parties.

1968, c. 19, s. 13; 1968, c. 20, s. 7; 1986, c. 86, s. 41; 1988, c. 21, s. 66; 1988, c. 46, s. 24; 1999, c. 40, s. 253; 2020, c. 31, s. 23.

14. If, after having negotiated unsuccessfully for sixty days, the members of the committee representing one of the parties cannot agree with the members representing the other party on any matter contemplated in paragraph b, c or d of section 8, either party may submit the matter to arbitration by giving written notice to such effect to one of the judges of the Court of Québec designated as arbitration officers in the labour contract and by forwarding a copy of such notice to the other party.

If the judge who has received such notice does not agree, within seven days of receipt thereof, to act as arbitration officer, the notice contemplated in the preceding paragraph shall be given successively, in like manner, to the other judges designated.

Notwithstanding the first paragraph, if the disagreement is in connection with a matter contemplated in paragraph d of section 8, either of the parties may submit the matter to the arbitration of a person chosen from the list established in conformity with section 77 of the Labour Code (chapter C-27).

1968, c. 19, s. 14; 1968, c. 20, s. 8; 1979, c. 67, s. 42; 1983, c. 22, s. 105; 1988, c. 21, s. 134.

15. If no designated judge agrees to act, the matter in dispute shall be submitted to a judge of the Court of Québec chosen by the chief judge of that court unless the question may be submitted to arbitration in accordance with the third paragraph of section 14, in which case the parties must resort to it.

1968, c. 19, s. 15; 1979, c. 67, s. 43; 1988, c. 21, s. 66.

16. The arbitration officer who acts under section 14 or 15 shall render his decision within 30 days after the date on which the evidence is terminated, unless such time is extended by the parties.

1968, c. 19, s. 16; 1999, c. 40, s. 253.

17. Sections 81 to 91 of the Labour Code (chapter C-27) shall apply with the necessary modifications to any arbitration officer who acts under this division.

1968, c. 19, s. 17.

18. Any decision of an arbitration officer rendered in accordance with this division upon any matter contemplated in paragraph d of section 8 shall be binding upon the parties. Any other decision rendered by an arbitration officer in accordance with this division shall constitute a recommendation to the Government.

1968, c. 19, s. 18.

19. As soon as the recommendations of the committee made under section 10 or the decision of an arbitration officer rendered under this division upon the matters contemplated in paragraphs a, b and c of section 8 have been approved by the Government, they shall have the effect of a labour contract signed by the parties.

1968, c. 19, s. 19.

19.1. The Minister of Public Security is responsible for the administration of this Act.

1986, c. 86, s. 33; 1988, c. 46, s. 24.

DIVISION IV

This Division ceased to have effect on 17 April 1987.

20. (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 19 of the statutes of 1968, in force on 31 December 1977, is repealed, except section 21, effective from the coming into force of chapter R-14 of the Revised Statutes.