C-27, r. 4 - Regulation respecting the exercise of the right of association under the Labour Code

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter C-27, r. 4

Regulation respecting the exercise of the right of association under the Labour Code

Labour Code

(chapter C-27, s. 138).

DIVISION I GENERAL SCOPE

§ 1 . — Introductory provisions

1. In this Regulation, “party” means any person designated or recognized as such by the Administrative Labour Tribunal or legitimately seeking to be recognized as such by right.

R.R.Q., 1981, c. C-27, r. 3, s. 1.

2. Subject to the Labour Code (chapter C-27), the time limits prescribed by this Regulation are mandatory. However, the Tribunal may extend them for any valid reason, other than the time limit prescribed in section 43, provided the parties agree thereto.

R.R.Q., 1981, c. C-27, r. 3, s. 2; S.Q. 2006, c. 58, s. 7.

§ 2 . — Rules applicable to all proceedings

3. Any document brought before the Tribunal must be forwarded to his Québec or Montréal office.

R.R.Q., 1981, c. C-27, r. 3, s. 3; O.C. 494-85, s. 1.

3.1. Upon receipt of a petition or complaint, the Tribunal shall forward a copy thereof to the interested parties.

O.C. 494-85, s. 2.

4. (Revoked).

R.R.Q., 1981, c. C-27, r. 3, s. 4; O.C. 494-85, s. 3.

5. The Québec and Montréal offices serve the administrative regions described in Schedule I.

R.R.Q., 1981, c. C-27, r. 3, s. 5.

6. The Tribunal may require a party to produce any document or to state in writing, within the time allotted by it, any facts and representations concerning a complaint or petition.

Any party who refuses or neglects to follow up such request within the allotted time is deemed to have renounced the right to be heard during a hearing, if applicable.

R.R.Q., 1981, c. C-27, r. 3, s. 6; O.C. 494-85, s. 4.

7. The Tribunal may have any document notified:

(a)  according to all regular methods for making notification provided for in the Code of Civil Procedure (chapter C-25.01);

(b)  by forwarding a copy by registered mail, to the addressee at his last known home or business address;

(c)  if circumstances so warrant, the Tribunal may, on its own initiative or upon request, authorize that a document be notified by means of a public notice in newspapers;

(d)  the Tribunal may have any document served through a labour relations officer.

R.R.Q., 1981, c. C-27, r. 3, s. 7; I.N. 2016-01-01 (NCCP).

§ 3 . — Investigation

8. Any investigation carried out by the Tribunal shall be tape-recorded and may be taken down in shorthand. The Tribunal decides where the investigation is to take place and may take into consideration to this effect the region where the enterprise concerned is located.

R.R.Q., 1981, c. C-27, r. 3, s. 8; O.C. 494-85, s. 5.

8.1. A postponement shall be granted only on serious grounds and in circumstances unforeseeable by the party requiring such postponement.

No postponement shall be granted with the sole consent of the parties.

O.C. 494-85, s. 6.

8.2. The summons shall be served at least 5 clear days before appearance. However, in a case of emergency, the Tribunal may reduce such period.

O.C. 494-85, s. 6; I.N. 2016-01-01 (NCCP).

DIVISION II PETITION FOR CERTIFICATION AND VOTE

§ 1 . — Petition for certification

9. Any petition for certification shall be accompanied by a certified true copy of the resolution provided for in section 25 of the Labour Code (chapter C-27) and shall contain the following information:

(a)  the name of the petitioning association and, if applicable, the body to which it is affiliated;

(b)  a description of the bargaining unit sought;

(c)  the employer’s name and the address of the establishment(s) concerned.

R.R.Q., 1981, c. C-27, r. 3, s. 9; O.C. 494-85, s. 7.

10. The Tribunal shall forward a copy of all petitions for certification to any organization that submits a request to this effect.

The employer shall post the list of employees provided for in section 25 of the Labour Code (chapter C-27) for 5 days.

R.R.Q., 1981, c. C-27, r. 3, s. 10; O.C. 494-85, s. 8.

11. (Revoked).

R.R.Q., 1981, c. C-27, r. 3, s. 11; O.C. 494-85, s. 9.

§ 2 . — Vote

12. (Revoked).

R.R.Q., 1981, c. C-27, r. 3, s. 12; O.C. 494-85, s. 9.

13. When the Tribunal orders a vote to be taken, it appoints a returning officer. The labour relations officer who orders a vote to be taken under paragraphs b and c of section 28 of the Labour Code (chapter C-27), acts as returning officer.

Voting is governed by sections 13 to 25.

R.R.Q., 1981, c. C-27, r. 3, s. 13; O.C. 494-85, s. 10.

14. The returning officer convenes the interested parties as soon as possible and determines the agenda for such meeting.

R.R.Q., 1981, c. C-27, r. 3, s. 14.

15. For the purposes of voting, the employer shall draw up a list of employees according to the bargaining unit agreed upon by the parties or, if necessary, according to the decision of the Tribunal. The list shall contain the surname, given name and address of the said employees.

R.R.Q., 1981, c. C-27, r. 3, s. 15.

16. The employer gives the returning officer as many copies as the latter wishes for the smooth running of the voting.

R.R.Q., 1981, c. C-27, r. 3, s. 16.

17. The minutes shall mention any topic of disagreement between the parties as well as any refusal to sign the minutes.

The returning officer transmits a copy of the said minutes to the Tribunal, for decision.

R.R.Q., 1981, c. C-27, r. 3, s. 17.

18. Only those persons on the voters list and still employees on the voting day may vote.

R.R.Q., 1981, c. C-27, r. 3, s. 18.

19. Any employee who has been dismissed, suspended or transferred and whose reinstatement has been ordered under the Labour Code (chapter C-27) may vote, unless he has refused to resume his duties after having been duly called back to work.

Any employee who has filed a complaint under section 16 of the Labour Code may vote, but such vote is counted only if it can influence the representative character and if the employee subsequently obtains a reinstatement order.

R.R.Q., 1981, c. C-27, r. 3, s. 19; O.C. 494-85, s. 11.

20. The parties are forbidden to engage in any type of propaganda (electering) 36 hours prior to the opening and until the closing of the polls.

R.R.Q., 1981, c. C-27, r. 3, s. 20; O.C. 494-85, s. 12.

21. The returning officer or his deputy shall post the voting notice and a list of the voters’ names and surnames in one or more conspicuous places for employees, at least 48 hours before the polls open.

R.R.Q., 1981, c. C-27, r. 3, s. 21; O.C. 494-85, s. 13.

22. Each party involved in a vote appoints not more than 2 representatives for each poll. These representatives shall be authorized by their respective association to be present at the vote; if a representative has been substituted, he may not return in such capacity during voting hours. Such representatives may under no circumstances communicate with a voter.

R.R.Q., 1981, c. C-27, r. 3, s. 22.

23. Before voting begins, the returning officer or his deputy shall, in the presence of the duly-authorized representatives of the parties:

(a)  check the ballots;

(b)  check and lock each ballot box;

(c)  supply each representative with a list of employees who have the right to vote;

(d)  prepare a voting booth;

(e)  see that the vote takes place in an orderly manner. Should there be any disorder, he can immediately halt the vote. He shall then prepare minutes and transmit them immediately, in duplicate, to the Tribunal.

R.R.Q., 1981, c. C-27, r. 3, s. 23.

24. The returning officer or his deputy shall handle the vote as follows:

(a)  draw up a numbered list of voters as they appear;

(b)  give a ballot to each person eligible to vote as he appears;

(c)  initial the back of the ballot so that the initials may be seen when the ballot has been folded after voting;

(d)  see that the voter casts his ballot with all the freedom required and assist the voter, if requested;

(e)  take back the folded ballot and place it in the ballot box in full view of all.

R.R.Q., 1981, c. C-27, r. 3, s. 24.

25. Once ballots have been cast, the returning officer or his deputy shall, in the presence of the representatives of the parties:

(a)  receive all the ballot boxes;

(b)  count the vote by dividing the ballots according to whom they favour and discarding all irregular ballots;

(c)  allow a representative of each party to check, under his supervision, the ballots of each category;

(d)  place the ballots of each category in separate envelopes and label each as to its contents;

(e)  place the unused ballots in an envelope and label same as to its contents;

(f)  draw up the minutes of the vote, recording therein all objections brought forth and have the minutes signed by the parties’ representatives;

(g)  place all the envelopes containing ballots into a large envelope, enclose the minutes, write the names of the parties on each envelope, seal the envelope and have it signed by the representatives of the parties.

R.R.Q., 1981, c. C-27, r. 3, s. 25.

DIVISION III COMPLAINTS

§ 1 . — Complaint under section 12 of the Labour Code

26. Any complaint lodged under section 12 of the Labour Code (chapter C-27) shall:

(a)  mention the plaintiff’s name and address;

(b)  specify the name of the persons and of the employer or employee association against whom the complaint is being lodged;

(c)  concisely state the facts on which it rests.

R.R.Q., 1981, c. C-27, r. 3, s. 26.

27. (Revoked).

R.R.Q., 1981, c. C-27, r. 3, s. 27; O.C. 494-85, s. 14.

§ 2 . — Complaint under section 15 et seq. of the Labour Code

28. Any complaint lodged under section 15 et seq. of the Labour Code (chapter C-27) shall be forwarded to the Tribunal and shall mention:

(a)  the plaintiff’s name and address;

(b)  the name and address of the employer against whom the complaint is being lodged;

(c)  the date of the sanction or measure referred to in the complaint;

(d)  a statement of the plaintiff claiming that he believes to have been illegally subjected to the sanction or measure referred to in the complaint because he has exercised a right conferred upon him by the Labour Code.

R.R.Q., 1981, c. C-27, r. 3, s. 28; O.C. 494-85, s. 15.

29. (Revoked).

R.R.Q., 1981, c. C-27, r. 3, s. 29; O.C. 494-85, s. 16.

DIVISION IV MISCELLANEOUS APPLICATIONS

I.N. 2016-01-01 (NCCP).

§ 1 . — Petition for repeal of certificate under section 41 of the Labour Code

30. When a petition for repeal of certification submitted under section 41 of the Labour Code (chapter C-27), entails revising the representative character of the association, section 36.1 of the Labour Code applies, with the necessary modifications.

R.R.Q., 1981, c. C-27, r. 3, s. 30.

§ 2 . — (Inoperative)

I.N. 2016-01-01 (NCCP).

31. (Inoperative).

R.R.Q., 1981, c. C-27, r. 3, s. 31; I.N. 2016-01-01 (NCCP).

§ 3 . — Petition for suspending negotiations, under section 42 of the Labour Code

32. When a party wishes to have negotiations or the time limits for collective bargaining suspended and prevent the renewal of a collective agreement in pursuance of section 42 of the Labour Code (chapter C-27), it shall:

(a)  apply to the Tribunal and state the grounds for its petition;

(b)  forward by registered mail, a copy of its petition to the parties and advise thereof the Tribunal before whom the matter was referred.

R.R.Q., 1981, c. C-27, r. 3, s. 32; O.C. 494-85, s. 17; I.N. 2016-01-01 (NCCP).

33. Any objection to such petition shall be filed with the Tribunal within the 10 days following receipt of the copy of the petition.

Should there be no objection within the established time limit, the Tribunal shall process the petition immediately.

R.R.Q., 1981, c. C-27, r. 3, s. 33.

34. The Tribunal shall decide whether or not the facts and circumstances warrant that the parties be convened for a hearing; such hearing shall be held as soon as possible.

R.R.Q., 1981, c. C-27, r. 3, s. 34.

§ 4 . — Permit to pass or have access to mining camps under section 9 of the Labour Code

35. A permit to pass or to have access to mining camps under section 9 of the Labour Code (chapter C-27) must be applied for in writing and must mention the name of the owner of the mining enterprise or mining concession holder, or the name of the subcontractor(s), the reasons for applying for the permit, the territory for which it is sought and the association represented by the applicant. Moreover, the said permit shall mention whether employees are living on lands under the owner’s control.

R.R.Q., 1981, c. C-27, r. 3, s. 35.

36. When issued, a permit shall state the name of the representative, the name of the association represented, the territory concerned and the term for which it is issued.

The permit is valid only when countersigned by the representative.

R.R.Q., 1981, c. C-27, r. 3, s. 36.

37. The Tribunal shall forthwith advise the owner of the mining enterprise, the mining concession holder or the subcontractor referred to in the permit and send him a copy thereof.

R.R.Q., 1981, c. C-27, r. 3, s. 37.

§ 5 . — Amendment

38. The Tribunal may allow a party to amend a petition, a complaint or its claims; it shall determine when and how it may be done.

A labour relations officer may also allow a party to amend a petition; the labour relations officer shall determine when and how it may be done. However, such amendment may only concern paragraphs a, b or c of section 9 and must be accepted by the parties concerned.

R.R.Q., 1981, c. C-27, r. 3, s. 38; O.C. 494-85, s. 18.

DIVISION V MISCELLANEOUS

§ 1 . —

(Revoked)

R.R.Q., 1981, c. C-27, Div. V, Sd. 1; O.C. 494-85, s. 19.

39. (Revoked).

R.R.Q., 1981, c. C-27, r. 3, s. 39; O.C. 272-82, s. 1; O.C. 494-85, s. 19.

§ 2 . — Forms

40. For the purposes of the Labour Code (chapter C-27) and of this Regulation, the parties may use the forms supplied by the Tribunal. Such forms are only suggested models and their use is not mandatory.

R.R.Q., 1981, c. C-27, r. 3, s. 40.

§ 3 . — Files

41. (Revoked).

R.R.Q., 1981, c. C-27, r. 3, s. 41; O.C. 272-82, s. 2; O.C. 494-85, s. 20.

42. The collective agreement to be filed, pursuant to section 72 of the Labour Code (chapter C-27), is accepted when the following conditions are met:

(a)  the names of the association and the employer are the same as those appearing in the certification;

(b)  the copies or the true copies of the collective agreement are signed by the association and by the employer and the Schedules are added thereto;

(c)  the collective agreement is dated;

(d)  the collective agreement is written in the official language.

R.R.Q., 1981, c. C-27, r. 3, s. 42; O.C. 494-85, s. 21; O.C. 931-94, s. 1.

43. The Minister issues a certificate attesting to the filing of a collective agreement; if necessary, he informs the party that has filed the collective agreement of the reason for the refusal of the filing.

Any certified association shall inform the Minister of its affiliation with another union organization, within the 15 working days following the issuing of the certification.

The employer shall forward to the Minister, within the same time limit, the following particulars:

(a)  his type of operations;

(b)  the number of employees contemplated by the collective agreement according to their occupational category;

(c)  the number of male and female employees contemplated by the collective agreement;

(d)  the number of male and female employees contemplated by the collective agreement who work on a part-time basis.

R.R.Q., 1981, c. C-27, r. 3, s. 43; O.C. 253-87, s. 1.

44. When an identical collective agreement concluded between an employer’s association and an employees’ association is filed, section 72 of the Labour Code (chapter C-27) is considered as having been respected by each employer governed by the agreement, if the said employer has authorized, in writing, his association to sign and to file the agreement and if it includes his address, his file number and the number of employees concerned.

R.R.Q., 1981, c. C-27, r. 3, s. 44.

SCHEDULE I

(s. 5)

QUÉBEC AND MONTRÉAL OFFICES

The Québec and Montréal offices respectively serve the following administrative regions:

Québec offices

Region No. 1:

Bas-Saint-Laurent and Gaspésie (Lower St. Lawrence and the Gaspé Region)

sub-region 01: Gaspé

sub-region 03: Sainte-Anne-des-Monts

Region No. 2:

Saguenay–Lac-Saint-Jean

sub-region 01: Chicoutimi

sub-region 04: Roberval

Region No. 3:

Québec

sub-region 01: Rivière-du-Loup

sub-region 03: Québec

sub-region 04: Chaudière

Region No. 4:

Trois-Rivières

sub-region 01: Bois-Francs

sub-region 03: Mauricie

Region No. 9:

Côte-Nord (North Coast)

sub-region 01: Saguenay

sub-region 03: Mingan

Montréal offices

Region No. 5:

Cantons de l’Est (Eastern Townships)

Region No. 6:

Montréal

sub-region 01: Granby

sub-region 02: Saint-Jean

sub-region 03: Beauharnois

sub-region 04: Saint-Hyacinthe

sub-region 06: Greater Montréal

sub-region 07: Richelieu

sub-region 08: Joliette

sub-region 09: Terrebonne

Region No. 7:

Outaouais (Ottawa Valley)

sub-region 01: Hull

sub-region 03: Labelle

Region No. 8:

Nord-Ouest (North-West)

sub-region 01: Rouyn-Noranda

sub-region 03: Abitibi

Region No. 10:

Nouveau-Québec (New Québec).

R.R.Q., 1981, c. C-27, r. 3, Sch. I.

SCHEDULE II

(Obsolete)

O.C. 494-85, s. 22.

SCHEDULE III

(Obsolete)

O.C. 253-87, s. 2.

REFERENCES

R.R.Q., 1981, c. C-27, r. 3

O.C. 272-82, 1982 G.O. 2, 689; Suppl. 292

O.C. 494-85, 1985 G.O. 2, 1270

O.C. 253-87, 1987 G.O. 2, 1021

O.C. 931-94, 1994 G.O. 2, 2376

S.Q. 2001, c. 26, s. 204

S.Q. 2006, c. 58, s. 7

S.Q. 2015, c. 15, s. 237