R-24.0.2 - Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements

À jour au 12 juin 2009

Ce document a valeur officielle.

chapter R-24.0.2

Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements

CHAPTER I SCOPE

1. This Act applies to family-type resources within the meaning of the Act respecting health services and social services (chapter S-4.2) and to intermediate resources within the meaning of that Act provided, in the latter case, that the natural person operating the resource

(1)  takes in, at his or her principal place of residence, a maximum of nine users referred by one or more public institutions; and

(2)  even in the temporary absence of users, maintains his or her principal place of residence as a residence for such users.

This Act also applies to the associations that represent such resources.

2009, c. 24, s. 1.

2. This Act does not apply to persons a resource referred to in section 1 hires directly to provide assistance or act as a replacement on a temporary basis.

An intermediate resource who provides services through a legal person, even if the resource controls that legal person, is excluded from the application of this Act.

2009, c. 24, s. 2.

CHAPTER II RIGHT OF ASSOCIATION

DIVISION I RECOGNITION OF A RESOURCE ASSOCIATION

3. A resource to whom this Act applies has the right to belong to the resource association of that resource’s choice and to participate in the formation, activities and management of such an association.

2009, c. 24, s. 3.

4. A resource association is entitled to recognition by the Commission des relations du travail established by section 112 of the Labour Code (chapter C-27) if

(1)  it is a professional syndicate within the meaning of the Professional Syndicates Act (chapter S-40) or an association whose object is similar to that of such a syndicate;

(2)  it meets the conditions set out in this Act as to the representation of resources that are attached to a public institution and are part of one of the two following groups:

(a)  foster families and intermediate resources for children; or

(b)  foster homes and intermediate resources for adults; and

(3)  it meets the other conditions set out in this Act.

2009, c. 24, s. 4.

5. A resource association may only be recognized if its by-laws

(1)  provide for the right of its members to participate in meetings and to vote;

(2)  require that its financial statements be disclosed to its members each year and that copies be given free of charge to any member who requests them; and

(3)  require that any election to an office within the association be by secret ballot of its members.

2009, c. 24, s. 5.

6. For the purposes of the recognition of a resource association, only one person may sign a membership form and vote on behalf of a given resource.

To determine the specific character of a resource that takes in both adults and children, the greater number of recognized places assigned to one of the clienteles is the deciding factor. If an equal number of places is assigned to two clienteles, the resource chooses the group of resources it wishes to belong to.

If a resource is bound to more than one public institution, the combined number of places used by the institutions must be taken into account to determine whether the resource meets the requirement of subparagraph 1 of the first paragraph of section 1 regarding the maximum of nine users the resource may take in.

2009, c. 24, s. 6.

7. No person may use intimidation or threats to induce someone to become a member, refrain from becoming a member or cease to be a member of a resource association.

2009, c. 24, s. 7.

8. No person may, in any manner, seek to dominate or hinder the formation or activities of a resource association.

2009, c. 24, s. 8.

9. A complaint relating to section 7 or 8 must be filed with the Commission within 30 days after the alleged contravention comes to light.

2009, c. 24, s. 9.

10. An application for recognition of a resource association is made in the form of a written document addressed to the Commission and identifying the group of resources attached to a public institution it wishes to represent; the application must be sent together with duly dated membership forms. On receipt of the application, the Commission sends a copy to the Minister and to the institution concerned along with any information it considers appropriate.

The application must be authorized by a resolution of the association and be signed by representatives specially mandated for that purpose.

Within 20 days after receiving a copy of the application, the Minister sends to the Commission and the association a list of the names and contact information of all resources attached to the public institution named in the application.

The Commission may, by any means it considers appropriate, make a copy of the application available to the public for consultation.

2009, c. 24, s. 10.

11. An application for recognition must be accompanied by up-to-date documents evidencing the establishment of the association, a certified copy of its by-laws and a list of its members.

To be considered a member of an association, a resource must, on or before the date on which the application for recognition is filed,

(1)  be attached to the public institution named in the application;

(2)  have signed, and not revoked, a duly dated membership form; and

(3)  have personally paid the initiation fee, set by the association, within the 12 months preceding the date on which the association’s application for recognition is filed.

2009, c. 24, s. 11.

12. Recognition may be applied for

(1)  at any time with regard to a group of resources attached to a public institution for which no association is recognized;

(2)  12 months after the date on which an association was recognized, if no group agreement has been reached and provided no dispute is under arbitration and no concerted pressure tactics permitted under this Act are being used;

(3)  nine months after the date on which a group agreement expired, if a subsequent agreement has not been reached and provided no dispute is under arbitration and no concerted pressure tactics permitted under this Act are being used;

(4)  from the ninetieth to the sixtieth day prior to the date of expiry or renewal of a group agreement whose term is three years or less; and

(5)  from the one hundred and eightieth to the one hundred and fiftieth day prior to the expiry or renewal of a group agreement whose term is more than three years and, where such term so allows, during the period extending from the one hundred and eightieth to the one hundred and fiftieth day prior to the sixth anniversary of the signing or renewal of the group agreement and every second anniversary thereafter, except where such a period would end within 12 months of the one hundred and eightieth day prior to the expiry or renewal of the group agreement.

2009, c. 24, s. 12.

13. The filing of an application for recognition with respect to a group of resources without a recognized association renders inadmissible any other application filed after the date of the first filing.

For the purposes of the first paragraph, an application is deemed to have been filed on the day it is received by one of the offices of the Commission.

2009, c. 24, s. 13.

14. If an application for recognition is rejected by the Commission or withdrawn, no further application may be filed for a period of three months except in the case of an application inadmissible under section 13.

2009, c. 24, s. 14.

15. The Commission grants recognition if it is satisfied that the membership of the applicant association comprises an absolute majority of the resources who are attached to the public institution named in the application and are part of any of the two groups referred to in paragraph 2 of section 4, and that the other conditions set out in this Act have been met.

If between 35% and 50% of those resources are members of the association, the Commission holds a secret ballot to ensure that the association is truly representative. The Commission grants recognition to the association if it obtains an absolute majority of the votes of the resources attached to the institution and meets the other conditions set out in this Act.

2009, c. 24, s. 15.

16. If two or more associations seek recognition to represent the same group of resources attached to a public institution and the membership of one of them comprises an absolute majority of the resources in the group concerned, the Commission grants recognition to that association provided it meets the other conditions set out in this Act.

If none of the associations meet the requirements of the first paragraph, but at least one of them has a membership comprising between 35% and 50% of the resources in the group concerned, the Commission holds a secret ballot to ensure that the association is truly representative.

Only the association or associations whose membership comprises at least 35% of the resources concerned and the association of resources already recognized, if any, are to appear on the ballot. The Commission grants recognition to the association that obtains the most votes provided the resources who participate in the vote constitute the absolute majority of the resources and the other conditions set out in this Act are met.

2009, c. 24, s. 16.

17. The Commission makes its decision within 60 days of receiving an application and notifies the applicant; a copy of the decision is sent to the Minister.

If granted, recognition takes effect on the date of notification.

2009, c. 24, s. 17.

18. The Commission may not grant recognition to an association if it is established to the Commission’s satisfaction that section 7 or 8 has been contravened by that association.

The Commission may, on its own initiative, investigate any alleged contravention of either of those sections, and when ruling on an application for recognition, the Commission may, on its own initiative, invoke non-compliance.

2009, c. 24, s. 18.

19. A resource’s membership in a resource association may not be revealed by anyone during recognition or recognition revocation proceedings, except to the Commission, a member of its personnel, or the judge of a court to which an action under Title VI of Book V of the Code of Civil Procedure (chapter C-25) relating to a recognition is referred. These persons and any other person who becomes aware of a person’s membership in such an association are bound to secrecy.

2009, c. 24, s. 19.

20. A recognized resource association represents all the resources in the representation unit. It has the following rights and powers:

(1)  to defend and promote the economic, social, moral and professional interests of the resources;

(2)  to cooperate with any organization pursuing similar interests;

(3)  to research or study any subject likely to have an impact on the economic and social situation of the resources;

(4)  to set the amount of dues payable by the resources; and

(5)  to negotiate and sign a group agreement in accordance with this Act.

2009, c. 24, s. 20.

21. A recognized resource association notifies the Minister in writing of the amount it has set as dues and of any subsequent modification. Within 30 days after receiving such notification, the amount of the dues is withheld from the remuneration paid to the resources represented by the association. The total amount of the dues withheld is remitted to the association each month.

2009, c. 24, s. 21.

22. A recognized resource association must not act in bad faith or in an arbitrary or discriminatory manner, or exhibit serious negligence towards any resources, whether or not they are members of the association.

2009, c. 24, s. 22.

23. A resource who believes that an association has contravened section 22 may lodge a complaint with the Commission within six months after the occurrence of the alleged contravention.

If the Commission is of the opinion that the association has contravened section 22, it may authorize the resource to submit the complaint to an arbitrator appointed by the Minister of Labour for a decision in accordance with the disagreement arbitration procedure provided for in the group agreement or, in the absence of such a procedure, in accordance with the procedure provided for in section 56. The association pays the expenses incurred by the resource.

2009, c. 24, s. 23.

24. If a complaint is referred to an arbitrator under section 23, the Minister may not allege the association’s non-observance of the procedure or the time periods provided for in the group agreement for the settlement of disagreements.

2009, c. 24, s. 24.

25. At the Commission’s request, a recognized resource association must send a list of its members to the Commission, in the form and within the time determined by the Commission.

The association must also, at the Commission’s request, send a copy of any change in its constitution or by-laws to the Commission.

2009, c. 24, s. 25.

26. The Minister or a resource association whose membership comprises at least 35% of the resources in the same group attached to a public institution may, within the time periods specified in paragraphs 2 to 5 of section 12, ask the Commission to verify whether a recognized association still exists or still meets the conditions for recognition under this Act.

The Commission notifies the parties of the result of the verification and allows them to present observations within 10 days after receiving such notification.

2009, c. 24, s. 26.

27. The Commission revokes the recognition of any association that has ceased to exist or no longer meets the conditions set out in this Act and, if appropriate, grants recognition to another association.

A newly recognized association is subrogated by operation of law in all rights and obligations resulting from a group agreement that is binding on another association and in force. It is bound by the agreement as though it were named in it and becomes a party to any proceeding relating to the group agreement in the place and stead of the former association.

2009, c. 24, s. 27.

28. When the Commission revokes a recognition, it notifies the association and the Minister. The revocation takes effect on the date of notification and entails the forfeiture of any rights and advantages the association may have enjoyed under this Act or a group agreement.

2009, c. 24, s. 28.

29. At any time, at the request of an interested party, the Commission may decide whether a person is a resource to whom this Act applies or a member of an association or belongs to the representation unit, or any other question that may arise while an association is recognized.

2009, c. 24, s. 29.

DIVISION II MODIFICATION WITH RESPECT TO A PUBLIC INSTITUTION

30. If the Minister authorizes the amalgamation or a change in the legal structure of the public institution with respect to which a resource association has been recognized or has filed an application for recognition, the Minister notifies the association or associations concerned in writing.

The recognized association continues to represent the resources attached to the original public institution until the Commission rules on the representativeness of the association given the new public institution concerned.

Upon such ruling, the Commission may

(1)  grant or amend a recognition; or

(2)  recognize the resource association whose membership comprises an absolute majority of the resources attached to the new public institution, or hold a secret ballot under section 16 and grant recognition to the association that obtains the most votes in accordance with that section.

Despite the second paragraph of section 27, the group agreement that is binding on the association recognized for the group of resources attached to the new public institution applies, as of the date on which it is recognized, to all the resources.

The Commission revokes the recognition of any resource association that no longer meets the conditions set out in this Act.

2009, c. 24, s. 30.

31. At the request of an interested party, the Commission may rule on any question relating to the applicability of section 30 and resolve any difficulty arising from its application and effects, in the manner it considers the most appropriate.

2009, c. 24, s. 31.

DIVISION III GROUP AGREEMENTS

53. Any concerted pressure tactic which deprives a user of a service to which the user is entitled or diminishes the quality of such a service during the term of a collective agreement is prohibited.

At any other time, such pressure tactics may only be used if

(1)  90 days have elapsed since the receipt of the notice required under section 39;

(2)  the pressure tactics have been authorized in a secret ballot by a majority vote of the members of the recognized association who participate in the ballot or, if the negotiations involve a group of associations, by a majority vote of the members of the associations in the group who participate in the ballot; and

(3)  the recognized association or group of associations sends the Minister and the Conseil des services essentiels established by section 111.0.1 of the Labour Code (chapter C-27) written notice of the pressure tactics it is contemplating at least 15 days before resorting to them.

The Conseil des services essentiels may, on its own initiative or at the request of an interested person, exercise its powers under the Labour Code in order to enforce this section if, in its opinion, a pressure tactic is being used in contravention of the first paragraph or a pressure tactic used in accordance with the second paragraph is compromising or is likely to compromise the health or safety of a user.

2009, c. 24, s. 53.

54. A resource may not be penalized solely for lawfully using pressure tactics not prohibited under section 53 or for acting on any other right conferred by this Act.

Any complaint relating to the first paragraph must be filed with the Commission within 30 days after the alleged contravention comes to light.

2009, c. 24, s. 54.

CHAPTER III MISCELLANEOUS PROVISIONS

58. The Government may, by regulation, establish a protective re-assignment plan for persons operating a resource to whom this Act applies, determine its requirements and mechanics and the rights and obligations of the parties involved, as well as the powers and duties of the Commission de la santé et de la sécurité du travail established by section 137 of the Act respecting occupational health and safety (chapter S-2.1) and of the Commission des lésions professionnelles established by section 367 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

The Government may also, by regulation, determine how the plan is to be funded and managed.

Such a plan is administered by the Commission de la santé et de la sécurité du travail.

2009, c. 24, s. 58.

59. The provisions of the Labour Code (chapter C-27) respecting the Commission des relations du travail, its commissioners and its labour relations officers apply, with the necessary modifications, to any application that lies within the purview of the Commission under this Act. Likewise, the provisions of the Code and its regulations that set out rules of procedure, evidence and practice apply to any application the Commission may receive.

2009, c. 24, s. 59.

61. The group representation and negotiation process established by this Act is complete and applies to the exclusion of any other process.

2009, c. 24, s. 61.

62. No provision of this Act or of a group agreement may restrict or affect the powers and responsibilities conferred by the Act respecting health services and social services (chapter S-4.2) and its regulations on public institutions, health and social services agencies or the Minister, nor restrict or affect the jurisdiction conferred on the Administrative Tribunal of Québec by that Act.

2009, c. 24, s. 62.

63. No provision of this Act or a group agreement may restrict or affect the powers and responsibilities

(1)  of a health and social services agency with regard to the recognition of resources to whom the agreement applies;

(2)  of a public institution with regard to recruiting and evaluating such resources;

(3)  of a public institution with regard to the clinical and professional services required by the users referred to such resources; or

(4)  of an institution with regard to controlling the quality of the services delivered to the users referred to such resources and with regard to making sure, by means of monitoring visits, that the intervention plan developed for those users is being followed.

The exercise of such powers and responsibilities does not result in the legal subordination of the resources to the public institution or the health and social services agency.

2009, c. 24, s. 63.

CHAPTER IV PENAL PROVISIONS

65. Any person, association or group that fails to comply with a decision of the Commission des relations du travail is guilty of an offence and is liable to a fine of $1,000 to $14,000 and of $2,000 to $28,000 for a second or subsequent conviction.

2009, c. 24, s. 65.

66. Any person, association or group that contravenes section 7 is guilty of an offence and liable to a fine of $2,000 to $30,000.

2009, c. 24, s. 66.

67. Any person, association or group that contravenes section 8 is guilty of an offence and liable to a fine of $1,000 to $14,000.

2009, c. 24, s. 67.

68. A resource association that contravenes section 25 is guilty of an offence and liable to a fine of $500 to $5,000.

2009, c. 24, s. 68.

70. Any person, association or group that declares, instigates or participates in pressure tactics contrary to section 53 is guilty of an offence and liable to the following fines for each day the tactics continue:

(1)  $75 to $225 in the case of a resource or a person who assists or replaces a resource;

(2)  $800 to $10,400 in the case of an officer, employee, director, agent or advisor of a resource association or a group of such associations; and

(3)  $7,000 to $126,000 in the case of a resource association or a group of such associations.

2009, c. 24, s. 70.

71. If a resource association or a group of such associations contravenes any of sections 65, 66 and 68 to 70, the officer or representative of the association or group who authorized, permitted or consented to the commission of the offence is a party to the offence and liable to the fines provided for in those sections. In the case of a second or subsequent conviction, the fines are doubled.

2009, c. 24, s. 71.

CHAPTER V AMENDING PROVISIONS

LABOUR CODE

89. (Amendment integrated into c. C-27, Schedule I).

2009, c. 24, s. 89.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES

112. (Amendment integrated into c. S-4.2, s. 302).

2009, c. 24, s. 112.

113. (Omitted).

2009, c. 24, s. 113.

114. (Amendment integrated into c. S-4.2, s. 303).

2009, c. 24, s. 114.

115. (Amendment integrated into c. S-4.2, ss. 303.1-303.2).

2009, c. 24, s. 115.

116. (Amendment integrated into c. S-4.2, s. 304).

2009, c. 24, s. 116.

117. (Amendment integrated into c. S-4.2, ss. 305.1-305.3).

2009, c. 24, s. 117.

118. (Amendment integrated into c. S-4.2, s. 306).

2009, c. 24, s. 118.

120. (Amendment integrated into c. S-4.2, s. 312).

2009, c. 24, s. 120.

121. (Amendment integrated into c. S-4.2, s. 314).

2009, c. 24, s. 121.

CHAPTER VI TRANSITIONAL PROVISIONS

123. An existing contract between a public institution and a resource to whom this Act applies remains in force until the coming into force of an agreement signed under section 32, and ceases to have effect on that date, except for elements it comprises which the parties may include in a specific agreement referred to in section 55.

To that end, all rules, compensation rates or scales, agreements determining the general conditions, terms and conditions under which activities are carried out and services are delivered by the resources, as well as all other elements determined under the legislative provisions introduced in the Act respecting health services and social services (chapter S-4.2) by the Act to amend the Act respecting health services and social services (2003, chapter 12) are applicable until the date mentioned in the first paragraph.

This section applies, with the necessary modifications, to the resources to whom this Act applies but who are not represented by a recognized association, until the elements mentioned in section 64 come into force.

2009, c. 24, s. 123.

124. An existing contract between a public institution and an intermediate resource to whom this Act does not apply remains in force until the coming into force of an agreement signed under section 303.1 of the Act respecting health services and social services, as replaced by section 115, and ceases to have effect on that date.

To that end, the second paragraph of section 123 also applies until that date.

2009, c. 24, s. 124.

125. Subject to sections 126 and 127, any certification granted to an association representing resources under the Labour Code (chapter C-27), any pending petition for certification and any resulting recourses brought by such an association or by a resource before the Commission des relations du travail are without effect.

2009, c. 24, s. 125.

126. A certification granted under the Labour Code (chapter C-27) before 18 December 2003 with respect to resources to whom this Act applies is deemed to be a recognition granted under this Act. The Commission des relations du travail grants such recognition and amends the description of the bargaining unit to adapt it to the representation groups provided for in this Act. The Commission only includes resources to whom this Act applies in each representation group. If the certified institution has since been amalgamated or divided, or if its legal structure has otherwise been modified, the Commission applies section 45 and, with the necessary modifications, section 46 of the Labour Code.

2009, c. 24, s. 126.

127. A petition for certification filed with the Commission des relations du travail before 12 June 2009 with respect to resources to whom this Act applies is dealt with by the Commission in accordance with the Labour Code (chapter C-27). For that sole purpose, the resources are considered employees within the meaning of the Labour Code. The Commission grants such recognition and amends the description of the bargaining unit referred to in the petition to adapt it to the representation groups provided for in this Act. The Commission only includes resources to whom this Act applies in each representation group.

2009, c. 24, s. 127.

129. The Government may, by regulation made before 12 June 2010, enact any other transitional provision or measure for the carrying out of this Act.

Such a regulation is not subject to the publication requirement of section 8 of the Regulations Act (chapter R-18.1) or to the requirement of section 17 of that Act as regards its date of coming into force.

However, if the regulation so provides, it may apply from a date not prior to 12 June 2009.

2009, c. 24, s. 129.

130. A regulation made before 12 June 2010 for the purposes of section 58 of this Act may have a shorter publication period than required under section 11 of the Regulations Act (chapter R-18.1), but not shorter than 20 days.

Such a regulation is not subject to the requirement of section 17 of that Act as regards its date of coming into force.

2009, c. 24, s. 130.

CHAPTER VII FINAL PROVISIONS

131. The Act respecting labour standards (chapter N-1.1) and the Act respecting occupational health and safety (chapter S-2.1) do not apply to the resources to whom this Act applies.

However, sections 40 to 48 of the Act respecting occupational health and safety apply until the first regulation under section 58 comes into force.

2009, c. 24, s. 131.

132. The Commission de l’équité salariale established by the Pay Equity Act (chapter E-12.001) may not receive a complaint filed by a resource to whom this Act applies.

2009, c. 24, s. 132.

133. The Minister of Health and Social Services is responsible for the administration of this Act.

2009, c. 24, s. 133.

The Minister Responsible for Government Administration and Chair of the Conseil du trésor assumes responsibility for developing and coordinating a global collective negotiation strategy for the government administration. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

134. Sections 131 and 132 have effect from 13 May 2009.

2009, c. 24, s. 134.

135. (Omitted).

2009, c. 24, s. 135.