S-2.1, r. 2 - Regulation respecting joint sector-based associations on occupational health and safety

À jour au 1^er janvier 2021

Ce document a valeur officielle.

chapter S-2.1, r. 2

Regulation respecting joint sector-based associations on occupational health and safety

Act respecting occupational health and safety

(chapter S-2.1, s. 223).

DIVISION I DEFINITIONS AND INTERPRETATION

1. In this Regulation, unless the context indicates otherwise,

“Act” means the Act respecting occupational health and safety (chapter S-2.1);

“agreement” means the agreement provided for in section 98 of the Act;

“employer signatory” means the employers’ association(s) referred to in section 98 of the Act that have entered into or become a party to an agreement;

“fiscal period” means the period extending from 1 January to 31 December;

“particular sector of activity” means a particular sector of activity within the meaning of section 98 of the Act;

“program of activities” means all the projects developed or promoted by a sector-based association to attain the objectives defined in section 101 of the Act;

“signatories” means the employer signatory(ies) and the union signatory(ies);

“trip” means authorized travelling by an employee in the performance of his duties, during which he incurs travel, accommodation or meal expenses;

“union signatory” means the union association(s) referred to in section 98 of the Act have that entered into or become a party to an agreement.

R.R.Q., 1981, c. S-2.1, r. 1, s. 1.

DIVISION II SECTORS OF ACTIVITIES

2. The sectors of activities for which only one sector-based association may be established are those described in Schedule A.

R.R.Q., 1981, c. S-2.1, r. 1, s. 2.

3. Employers, workers, employers’ associations and union associations working in a particular sector of activity are included in that sector of activity.

R.R.Q., 1981, c. S-2.1, r. 1, s. 3.

4. (Revoked).

R.R.Q., 1981, c. S-2.1, r. 1, s. 4; O.C. 1606-84, s. 1 .

DIVISION III COMPONENTS OF THE AGREEMENT

5. The components of the agreement prescribed in this Division are agreed upon by the signatories.

R.R.Q., 1981, c. S-2.1, r. 1, s. 5.

6. The name of a sector-based association consists of the expression “Joint association on health and safety in the __________ sector” to which is added the descriptive term prescribed for the sector of activities represented by the sector-based association. Any other name must be approved by the Commission des normes, de l’équité, de la santé et de la sécurité du travail.

R.R.Q., 1981, c. S-2.1, r. 1, s. 6.

7. The head office of a sector-based association is situated in a place in Québec.

R.R.Q., 1981, c. S-2.1, r. 1, s. 7.

8. A sector-based association consists of 2 categories of members: the employer signatory and the union signatory.

R.R.Q., 1981, c. S-2.1, r. 1, s. 8.

9. The signatories meet for the first time within 5 months after the agreement has been approved by the Commission and, thereafter, annually, within 5 months after the end of the fiscal period.

Signatories who, following approval of the agreement by the Commission, hold their first meeting during the last 4 months of a fiscal year are exempted from holding an annual meeting during the subsequent fiscal year.

R.R.Q., 1981, c. S-2.1, r. 1, s. 9; O.C. 2487-84, s. 1.

10. The board of directors is composed of at least 6 elected members half of whom are elected by the employer signatory and half by the union signatory.

The directors may be appointed in the same way if provided for by the signatories in the agreement.

R.R.Q., 1981, c. S-2.1, r. 1, s. 10.

11. To be eligible for the position of director, an applicant must have the following qualifications:

(1)  be an employer or officer of an employer, or a member of the personnel of an employer:

(a)  who belongs to a group organization of employers that has entered into or become a party to an agreement, and who represents the group organization in a sector-based association; or

(b)  who belongs to a group organization of employers that itself belongs to an association of group organizations of employers and has entered into an agreement or become a party thereto, and who represents the association in a sector-based association; or

(c)  who belongs to an association including employers and group organizations of employers that has entered into an agreement or become a party thereto, and who represents the association in a sector-based association; or

(d)  who belongs to a group organization of employers that itself belongs to an association including employers and group organizations of employers and that has entered into an agreement or become a party thereto, and who represents the association in a sector-based association; or

(2)  be a worker:

(a)  who belongs to a group of workers constituted as a professional syndicate, union, brotherhood or otherwise that has entered into an agreement or become a party thereto, and who represents the group in a sector-based association; or

(b)  who belongs to a group of workers that itself belongs to a group of syndicates, unions, brotherhoods or other groups of workers otherwise constituted that has entered into an agreement or become a party thereto, and who represents the group of syndicates, unions, brotherhoods or other groups of workers otherwise constituted in a sector-based association.

R.R.Q., 1981, c. S-2.1, r. 1, s. 11.

12. The directors are elected at the annual meeting or appointed for a term of 1 or 2 years. Where the term is 2 years, the term of a number of directors, the nearest number to half, elected at the first meeting or appointed by each signatory, is 1 year. The number of directors with a 1-year term is determined by a draw.

R.R.Q., 1981, c. S-2.1, r. 1, s. 12.

13. If, at any time, or at a set time, the directors are not elected or appointed, a sector-based association is in default.

The association may remedy the situation by holding the election at a subsequent meeting of signatories called for that purpose or by making the appointment; the retiring directors continue in office until their successors are elected or appointed.

The term of the successors expires when it would have expired had the successors been elected or appointed in accordance with the rules.

R.R.Q., 1981, c. S-2.1, r. 1, s. 13.

14. Any vacancy on the board of directors is filled in accordance with the rules governing elections or appointments to the vacant position.

R.R.Q., 1981, c. S-2.1, r. 1, s. 14.

15. The board of directors meets at least 4 times annually.

R.R.Q., 1981, c. S-2.1, r. 1, s. 15.

16. In the event of a tie-vote at a meeting of signatories, of the board of directors or, where applicable, of the executive committee, no second vote or casting-vote is permitted.

R.R.Q., 1981, c. S-2.1, r. 1, s. 16.

17. An employers’ association or a union association belonging to the sector of activities represented by a joint sector-based association may become a party to an agreement.

R.R.Q., 1981, c. S-2.1, r. 1, s. 17.

18. Subject to the components of the agreement prescribed in this Regulation, signatories may agree to cancel, amend or replace the agreement, in whole or in part, such as when a new party joins the agreement.

The amendment, replacement or cancellation comes into force upon approval by the Commission.

R.R.Q., 1981, c. S-2.1, r. 1, s. 18.

19. In the event of a cancellation, the property of the sector-based association remaining after its debts have been paid is allotted to the Commission.

R.R.Q., 1981, c. S-2.1, r. 1, s. 19.

20. The procedure for the settlement of disagreements comprises the settlement of disagreements existing between the signatories of the agreement.

R.R.Q., 1981, c. S-2.1, r. 1, s. 20.

21. (Revoked).

R.R.Q., 1981, c. S-2.1, r. 1, s. 21; O.C. 1712-92, s. 1.

22. The signatories may agree to refer to the provisions of this Division. In such an event, the agreement is considered to contain the minimum rules provided for in this Division as if they had been restated integrally therein.

R.R.Q., 1981, c. S-2.1, r. 1, s. 22.

DIVISION IV CONDITIONS AND CRITERIA OF SUBSIDIES

23. The Commission grants an annual subsidy to a sector-based association applying therefor, on the conditions and in accordance with the criteria determined in this Division.

R.R.Q., 1981, c. S-2.1, r. 1, s. 23.

24. The signatories and sector-based association must have complied with the terms of the agreement and have carried out its obligations.

Periodic payments of the subsidy are also subject to the absence of default provided for above. However, the Commission may not suspend payment of a subsidy without notifying the association in default 3 months beforehand.

R.R.Q., 1981, c. S-2.1, r. 1, s. 24.

25. A sector-based association shall pledge to the Commission:

(1)  to pursue its objectives and carry out its program of activities;

(2)  subject to the second paragraph of section 28, to use the subsidy for the sole purpose for which it was granted.

R.R.Q., 1981, c. S-2.1, r. 1, s. 25.

26. Application for the subsidy is sent to the Commission by registered mail, not later than 30 September of each year. In particular, it must specify:

(1)  the general objectives the sector-based association intends to pursue during the next fiscal period;

(2)  the program of activities it intends to carry out during the next fiscal period;

(3)  its budgetary estimates for the next fiscal period;

(4)  its organization plan, including the following information:

(a)  a chart showing the different services of the association and their interrelations;

(b)  the number of employees and their occupations;

(c)  a summary description of the duties and responsibilities assigned to each employee.

R.R.Q., 1981, c. S-2.1, r. 1, s. 26; I.N. 2016-01-01 (NCCP).

27. To obtain a grant, a sector-based association undertakes:

(1)  to pay its employees in accordance with the wage policies set by the Commission for sector-based associations;

(2)  to reimburse travel expenses incurred by its employees in accordance with the policies set by the Commission for sector-based associations.

R.R.Q., 1981, c. S-2.1, r. 1, s. 27.

28. The budget is drawn up in accordance with the following programs: training and information, research, counselling and administrative support.

During a fiscal period, a sector-based association may not transfer funds from one program to another unless it has already obtained written authorization of the Commission to do so.

R.R.Q., 1981, c. S-2.1, r. 1, s. 28.

29. A budgetary deficit incurred without the permission of the Commission remains the responsibility of the sector-based association; at no time is the deficit made up by the Commission.

R.R.Q., 1981, c. S-2.1, r. 1, s. 29.

30. The Commission evaluates the subsidy application submitted to it by a sector-based association within the time limit prescribed in this Regulation, subject to the following criteria:

(1)  the number of establishments and the number of workers belonging to the sector of activities represented by the sector-based association;

(2)  the type of risks inherent to the sector of activities represented by the sector-based association and the number of workers directly exposed thereto;

(3)  the pertinence of the objectives pursued by the association with regard to those defined in section 101 of the Act;

(4)  the equivalence between the program of activities of the association and the priorities the Commission intends to undertake during the next fiscal period;

(5)  consideration of the information respecting activities and the annual reports of activities sent to the Commission in accordance with this Regulation.

R.R.Q., 1981, c. S-2.1, r. 1, s. 30.

DIVISION V INFORMATION AND ANNUAL REPORT OF ACTIVITIES

31. A sector-based association sends a description of its current program of activities and an evaluation of the results obtained at 30 April with regard to the objectives set, to the Commission before 1 June of each year.

R.R.Q., 1981, c. S-2.1, r. 1, s. 31.

32. A sector-based association sends to the Commission, before 31 March of each year, an annual report of its activities containing the following information:

(1)  the names of the signatories;

(2)  the names of the members of the board of directors;

(3)  the names of the members of the executive committee, where applicable;

(4)  the number of representatives that each signatory may delegate to a meeting of signatories;

(5)  the number of meetings held by the board of directors during the last year;

(6)  where applicable, the number of meetings held by the executive committee during the last year;

(7)  a summary description of the general objectives set for the last fiscal period;

(8)  the program of activities carried out during the last fiscal period and the positive or negative factors that influenced its carrying out;

(9)  the evaluation of the program of activities carried out with regard to the general objectives pursued during the last fiscal period;

(10)  the number of health and safety committees in the sector concerned and the number of such committees in which the association intervened.

R.R.Q., 1981, c. S-2.1, r. 1, s. 32; O.C. 1712-92, s. 2.

SCHEDULE A

(s. 2)

The sectors of activities for which only one sector-based association may be established are:

(1) the social affairs sector, including the following categories of establishments:

(a) hospitals: establishments (most often institutions) primarily engaged in providing medical, surgical or obstetrical care for in-patients, and licensed or approved as hospitals by the federal and/or a provincial government. This category includes general and specialized hospitals, psychiatric, tuberculosis, and other hospitals, but excludes institutions providing personal nursing care and accommodation only, which are described in subparagraph b (related health care institutions). Also excluded are institutions providing basic custodial or domiciliary care only, which are included in the category described in subparagraph h (welfare organizations);

(b) related health care institutions: establishments, such as nursing homes and infirmaries, primarily engaged in providing nursing care and accommodation for in-patients. Institutions providing basic custodial or domiciliary care only, such as homes for the aged or the blind, are classified in subparagraph h (welfare organizations);

(c) offices of physicians and surgeons: establishments of qualified and registered physicians and surgeons primarily engaged in the private practice of medicine, whether general or specialized, and whether in individual or group practice. Included are offices of psychiatrists, obstetricians, radiologists, pathologists, ophthalmologists, anaesthetists, etc. Excluded are offices of psychologists, optometrists, osteopaths, chiropractors and dentists, classified in subparagraphs d and e. Opticians’ offices are excluded;

(d) offices of paramedical practitioners: establishments of qualified and registered paramedical practitioners primarily engaged in rendering health and allied services whether in individual or group practice. Included are establishments of osteopaths, chiropractors, optometrists, registered nurses, midwives, nursing assistants, etc. This category excludes offices of physicians and surgeons, offices of dentists and offices of healers as well as diagnostic and therapeutic services not specified elsewhere, including laboratories and clinics;

(e) offices of dentists: establishments of qualified and registered dentists primarily engaged in the private practice of dentistry, whether in individual or group practice. This category excludes establishments of dental technicians;

(f) diagnostic and therapeutic services, n.e.s.: establishments primarily engaged in rendering diagnostic and therapeutic services not specified elsewhere. This category includes such organizations as the Victorian Order of Nurses, Red Cross Blood Transfusion Service, and St. John Ambulance, as well as laboratories, (dental, medical, X-ray, etc.), providing professional analysis, diagnosis or treatment service to the medical or dental professions or to patients on prescription of a physician or dentist. Also included are group health associations except those offering health insurance to their members;

(g) miscellaneous health services: establishments commonly referred to as voluntary health associations primarily engaged in promoting health and health services other than diagnostic and therapeutic, such as the Canadian Hospital Association, Canadian Public Health Association, National Cancer Institute, etc. Excluded are professional or trade associations such as the Canadian Medical Association and Canadian Nurses’ Association, and establishments providing prepaid health insurance whose subscribers are supplied by health services by independent physicians or hospitals under contract;

(h) welfare organizations: establishments primarily engaged in providing basic domiciliary care only (no treatment or personal nursing care), such as homes for the aged or blind, boarding houses for the aged, day care centres, nurseries, shelters, etc. Also included are voluntary welfare organizations such as the Canadian National Institute for the Blind, the Canadian Council on Social Development and Centraide. This category excludes houses of detention for delinquents or criminals, such as corrective institutions;

(2) (paragraph revoked);

(3) the automobile service sector, including the following categories of establishments:

(a) wholesalers of motor vehicles and accessories: establishments primarily engaged in wholesale dealing in motor vehicles, motor vehicle accessories and parts, including tires. Establishments primarily engaged in wholesale dealing in garage and service station equipment, and establishments primarily engaged in rebuilding fuel pumps, water pumps, brake shoes, clutches, solenoids and voltage regulators or in servicing gasoline pumps and other service station equipment are also classified here, as are establishments primarily engaged in rebuilding, recapping, retreading or vulcanizing tires;

(b) tire, battery and accessories stores: establishments primarily engaged in retail dealing in new or used tires, tubes, batteries, and other automotive parts and accessories. Some establishments included here are known as “home and auto supply stores.” Installation, repair and replacement may also be done by these establishments, but establishments primarily engaged in automotive repair are classified in subparagraph e (motor vehicle repair shops), and establishments primarily engaged in tire retreading, recapping, rebuilding or vulcanizing and classified in subparagraph a (wholesalers of motor vehicles and accessories);

(c) gasoline service stations: establishments primarily engaged in retail dealing in gasoline, lubricating oils and greases. These establishments are sometimes known as filling stations or service stations. They may do some repair. Included are establishments primarily engaged in washing and polishing automobiles, as well as establishments primarily engaged in providing motor vehicle towing service;

(d) motor vehicle dealers: establishments primarily engaged in retail dealing in new and used automobiles and trucks. Such establishments usually have departments engaged in motor vehicle repair and often include service station facilities. Establishments primarily engaged in motor vehicle repair are classified in subparagraph e (motor vehicle repair shops); establishments primarily engaged in providing service station facilities are classified in subparagraph c (gasoline service stations);

(e) motor vehicle repair shops: establishments primarily engaged in the repair of motor vehicles; auto body work and painting, front end alignment, frame straightening, brake repair, carburetor repair, ignition system repair or exhaust system repair. Repair shops owned and operated by concerns for their own use and not offering their services to the general public are excluded. They are classified with the main establishment. Establishments (filling stations and service stations) primarily engaged in retail dealing in gasoline and oil are classified in subparagraph c (gasoline service station). Establishments primarily engaged in repairing tractors and farm implements are excluded;

(4) the transportation and storage sectors, including the following categories of establishments:

(a) moving and storage, used goods, uncrated: establishments primarily engaged in packing, transporting, and storing used household goods and any ancillary services related to this function. This includes the local and long distance movement of used household goods and the storage incidental to this activity whether it is of a long term or in-transit nature;

(b) other truck transport: establishments primarily engaged in the provision of local and long distance trucking, with the exception of those establishments primarily engaged in the transport of used uncrated goods. This subparagraph includes contract truckers even though their equipment may be highly specialized;

(c) bus transport, interurban and rural: establishments primarily engaged in operating interurban bus and coach lines. This subparagraph also includes establishments primarily engaged in operating a central bus terminal for several bus lines;

(d) taxicab operations: establishment primarily engaged in furnishing passenger transportation by automobiles not operated on a regular route or between fixed terminals. This industry does not include establishments primarily engaged in providing services for taxicab owners. These services may include telephone and radio telephone operations as well as maintenance and repair services for the members. Establishments primarily engaged in renting cars with driver and in operating limousines to airports or stations are classified in subparagraph f (other transportation);

(e) miscellaneous services incidental to transport: establishments primarily engaged in furnishing services incidental to transportation such as tourist agencies, forwarding, packing, crating, inspection and weighing services, including establishments primarily engaged in operating parking lots and garages for live storage of automobiles. Dead storage of automobiles is classified in subparagraph h (other storage and warehousing). Government travel agencies are excluded;

(f) other transportation: establishment primarily engaged in providing transportation services not elsewhere classified. This subparagraph includes establishments primarily engaged in operating air-cushioned vehicles, sightseeing buses, boats or aircraft; automobiles for hire with driver, limousines to airports or stations, ambulances, school buses and animal-drawn vehicles for the transport of passengers or freight, and establishments that provide the service of a driver without automobile rental;

(g) automobile and truck rental: establishments primarily engaged in the rental of passenger automobiles or trucks without drivers;

(h) other storage and warehousing: establishments primarily engaged in operating general merchandise warehouses, cold storage or other storage facilities except the storage of used uncrated goods. Warehouses and storage facilities operated as ancillary activity by establishments primarily engaged in another lien of business are not included in this subparagraph, but are classified according to the principal activity of the establishment concerned. Establishments primarily engaged in the transportation and storage of used uncrated goods are classified in subparagraph a (moving and storage, used goods, uncrated);

(i) other utilities (n.e.c): establishments primarily engaged in garbage or sewage disposal;

(5) (paragraph revoked);

(6) the provincial administration sector, including provincial government establishments primarily engaged in activities associated with public administration. The sector includes the Government, its departments and agencies the personnel of which is, on 13 April 2017 or subsequently, appointed in accordance with the Public Service Act (chapter F-3.1.1).

The following are also included in that sector of activities: the Sûreté du Québec, the Commission des droits de la personne et des droits de la jeunesse, the Société de développement et de mise en valeur du Parc olympique, the Commission des services juridiques, the legal aid centres, the Institut national de santé publique du Québec, the Commission de la capitale nationale du Québec, the Conseil des arts et des lettres du Québec and the Public Protector;

(7) the printing and allied industries sector, the metal fabricating industries sector, the electrical products industries sector, the clothing industries sector and the textile and knitting sector, including the following categories of establishments:

(a) commercial printing: establishments primarily engaged in the production of commercial and/or job printing regardless of the printing method or process used (letterpress, including flexographic, planographic or lithographic; intaglio or gravure; stencil printing or silk screen; etc.). The following list of printed products is intended to be representative but not complete: newspapers, periodicals, books, maps, and all other printing done on a job or contract basis for other individuals or firms; printed office stationery and forms, snap-out sets (carbonized sets or carbonless reproducing sets), continuous forms, calendars, greeting cards, post cards, playing cards, wrappings, tickets, envelopes, tags, seals, labels, stamps (postage, revenue, trading, etc.), engraved stationery, bank notes, stock and bond certificates, catalogues, printed advertising matter, etc.

Establishments primarily engaged in publishing are included in subparagraph c (publishing only) if the publisher does not print his own publications, or in subparagraph d (publishing and printing) if the publisher prints his own publications.

Establishments primarily engaged in providing blueprints and such copying services are excluded;

(b) platemaking, typesetting and trade bindery industry: establishments (trade shops) primarily engaged in providing specialized services to the printing and publishing trades, advertising agencies or others: the making of image bearing photographic films, plates and printers’ dies of all types; doing typesetting; making binders or corers, doing hand or machine bindery work and allied post-printing or finishing operations.

Establishments primarily engaged in engraving jewellery and those primarily engaged in engraving on base metals for purposes other than printing are excluded;

(c) publishing only: this industry includes establishments primarily engaged in publishing only and which do no printing. The term “publishing”, as applied in this industry, includes publishing of books, newspapers, periodicals, almanacs, maps, guides and similar products;

(d) publishing and printing: establishments primarily engaged in publishing and printing newspapers, periodicals, books, almanacs, maps, guides, and the like. Establishments primarily engaged in printing newspapers, magazines, books, for publishers are included in subparagraph a (commercial printing). Establishments which publish only and do no printing are included in subparagraph c (publishing only);

(e) folding paperboard and set-up box manufacturers: establishments primarily engaged in manufacturing folding paperboard and set-up boxes. Establishments primarily engaged in manufacturing shipping boxes or cases made of corrugated or solid fibreboard and those primarily engaged in manufacturing paper or plastic bags are excluded;

(f) commercial photography: establishments primarily engaged in commercial photography, and in the developing and print processing of films. Photographic studios and establishments primarily engaged in photograph developing and print processing of standard motion picture films are excluded;

(g) boiler and plate works: establishments primarily engaged in manufacturing heating and power boilers, except cast iron sectional heating boilers, heavy gauge storage tanks, pressure tanks, smokestacks, plate work and similar boiler shop products. Cast iron sectional heating boilers are classified in subparagraph m (heating equipment manufacturers).

Some establishments in this category are engaged both in the fabrication of the product and its installation. In these cases, the establishment is classified on the basis of its principal activity, i.e. either fabricating or installing the product. Establishments installing mainly products of their own manufacture are considered as primarily engaged in fabrication, and are included in that category, but those primarily engaged in erecting purchased boilers or smokestacks are excluded. Establishments primarily engaged in fabricating and erecting large storage tanks which must be assembled at the site are classified in subparagraph h (fabricated structural metal industry), and establishments primarily engaged in manufacturing sheet metal tanks are classified in subparagraph j (metal stamping, pressing and coating industry);

(h) fabricated structural metal industry: establishments primarily engaged in fabricating heavy steel parts and similar parts of other metals and alloys for structural purposes. Products in this category include fabricated shapes for bridges, buildings, transmission towers, large tanks and similar structures. Although establishments in this category may erect buildings, bridges, and large tanks as well as fabricate the metal parts thereof, they are primarily engaged in fabrication. Establishments primarily engaged in the erection of buildings, bridges and large tanks from purchased metal parts are excluded;

(i) ornamental and architectural metal industry: establishments primarily engaged in manufacturing ornamental metal work, stairs and staircases, fire escapes, grilles, railings, metal windows (including hermetically sealed), doors and frames and metal partitions. Although establishments in this category may install products of their own manufacture, they are primarily engaged in fabrication. Establishments primarily engaged in the erection or installation of purchased fabricated metal products are excluded;

(j) metal stamping, pressing and coating industry: establishments primarily engaged in manufacturing sheet metal products such as bottle caps, heels caps, metal lath and metal boxes, including establishments primarily engaged in manufacturing pressed metal products such as kitchen utensils, hospital and similar utensils and containers, establishments primarily engaged in coating metal and metal products, such as vitreous enamelware, galvanizing and electroplating, and establishments primarily engaged in manufacturing tin cans and other tinware, and sheet metal products such as metal awnings, heating ducts, roofing and eaves trough. This category excludes establishments primarily engaged in tinsmithing and sheet metal work on construction projects. Establishments primarily engaged in making enamelled bathroom fixtures such as bath tubs and sinks are classified in subparagraph o (miscellaneous metal fabricating industries);

(k) wire and wire product manufacturers: establishments primarily engaged in drawing wire from rods and in manufacturing nails, spikes, staples, bolts, nuts, rivets, screws, washers, wire fencings, screenings, wire cloths, barbed wires, tire chains, uninsulated wire rope and cable, kitchen wire goods and other wire products. Establishments primarily engaged in manufacturing insulated wires and cables are classified in subparagraph v (manufacturers of electric wire and cable);

(l) hardware, tool and cutlery manufacturers: esta-blishments primarily engaged in manufacturing edge and hand tools, cutlery and hardware. Important products in this category are axes, chisels, dies, including extrusion moulds, and other metalworking tools; hammers, shovels, hoes, rakes, files, saws, builders’ hardware, marine hardware, non-electric razors and blades, table and kitchen cutlery and a miscellaneous group of products usually known under the term “hardware” and not classified elsewhere. This category also includes establishments primarily engaged in manufacturing bits, drills, except rock drill bits, which are excluded, and other cutting tools for machines or for power-driven hand tools. This category excludes establishment primarily engaged in manufacturing sterling silver cutlery, those primarily engaged in manufacturing machine tools or power-driven hand tools, and those primarily engaged in manufacturing machi-nists’ precision tools;

(m) heating equipment manufacturers: establishments primarily engaged in manufacturing commercial cooking equipment and major heating apparatus such as furnaces, oil burners, gas burners, steam and hot water heating apparatus and heating equipment not classified elsewhere, including establishments primarily engaged in manufacturing cast iron sectional heating boilers and convection or cast iron radiators. Establishments primarily engaged in manufacturing electric and non-electric domestic cooking equipment are classified in subparagraph q (manufacturers of major appliances, electric and non-electric);

(n) machine shops: machine shops primarily engaged in producing machine parts and equipment, other than complete machines, for the trade. This category includes machine shops providing custom and repair services, and establishments primarily engaged in rebuilding or remanufacturing automotive engines, transmissions or drives, but excludes establishments primarily engaged in rebuilding or repairing automotive generators, starter motors and alternators, and excludes establishments primarily engaged in rebuilding such automotive parts as fuel pumps, water pumps, brake shoes, clutches, solenoids and voltage regulators;

(o) miscellaneous metal fabricating industries: establishments primarily engaged in manufacturing metal products not elsewhere classified, such as weather stripping, guns, collapsible tubes, machinery fittings, plumbers’ goods, including enamelled plumbing fixtures, safes and vaults, and forgings such as chains (except tire chains, classified in subparagraph k, wire and wire products manufacturers), anchors and axles. This category also includes establishments primarily engaged fabricating bars and rods for reinforcing concrete and those primarily engaged in metal heat treating;

(p) manufacturers of small electrical appliances: establishments primarily engaged in manufacturing small electrical appliances such as vacuum cleaners, fans, toasters, irons and water heaters. Establishments primarily engaged in manufacturing household refrigerators and farm and home freezers, domestic cooking and heating stoves, domestic laundry equipment and sewing machines are classified in subparagraph q (manufacturers of major appliances, electric and non-electric);

(q) manufacturers of major appliances, electric and non-electric: establishments primarily engaged in manufacturing household type appliances and machines such as stoves, refrigerators, home and farm freezers, window type air conditioning units, laundry equipment and sewing machines. Establishments primarily engaged in manufacturing small household electric appliances are classified in subparagraph p (manufacturers of small electrical appliances);

(r) manufacturers of lighting fixtures: establishments primarily engaged in manufacturing electric lighting fixtures, excluding establishments primarily engaged in manufacturing electric table and floor lamps and shades;

(s) manufacturers of household radio and television receivers: establishments primarily engaged in manufacturing radio and television receiving sets, including establishments primarily engaged in manufacturing record playing, tape playing and recording equipment and parts, but excluding establishments primarily engaged in manufacturing records, tapes and other media for recording vocal or instrumental performances;

(t) communication equipment manufacturers: establishments primarily engaged in manufacturing radio and television transmitters, radar equipment, closed circuit television equipment, electronic navigational aids, public address apparatus, and the related parts and equipment, including establishments primarily engaged in manufacturing telephone and telegraph equipment and parts or electric and electronic signalling apparatus, including establishments primarily engaged in manufacturing electronic control panels and similar devices and including repair and overhaul of electronic equipment, except household equipment;

(u) manufacturers of electrical industrial equipment: establishments primarily engaged in manufacturing electric motors, generators and other electric power equipment for use in the generation, transmission and utilization of electric energy. Important products of this industry are steam turbine generator sets, motors, except railway, motor vehicle and aircraft motors, generators, transformers, switchgear, pole-line hardware, electric welding equipment and electric meters. Establishments primarily engaged in manufacturing electric wire and cable are classified in subparagraph v (manufacturers of electric wire and cable);

(v) manufacturers of electric wire and cable: establishments primarily engaged in manufacturing electric wire and cable, both insulated or armoured and non-insulated. Establishments primarily engaged in manufacturing non-electric wire and wire products are included in subparagraph k (wire and wire products manufacturers);

(w) manufacturers of miscellaneous electrical products: establishments primarily engaged in manufacturing electrical products not elsewhere classified, such as lamps, light bulbs and tubes of all kinds for lighting, incandescent filament lamps, vapour and fluorescent lamps, photoflash and photoflood lamps, wiring devices, panelboards (distribution, lighting and residential types), low voltage switchboards, carbon or graphic electrodes, conduit and fittings. This category includes establishments primarily engaged in manufacturing storage and primary batteries including wet and dry batteries. Establishments primarily engaged in manufacturing electronic computers, data processors and related control devices are excluded, and those primarily engaged in manufacturing lighting fixtures are classified in subparagraph r (manufacturers of lighting fixtures);

(x) men’s and boys’ clothing industries: establishments primarily engaged in manufacturing clothing for men and boys, in particular, the manufacturing of coats, topcoats, overcoats, raincoats, suits, jackets, pants, shirts, T-shirts, sleepwear, underwear, sportswear, such as windbreakers and bermuda shorts, winter sportswear, jeans and jean jackets, including the manufacturing of clothing for men and boys on a contract basis. This category excludes the manufacturing of knitted, leather, fur or vulcanized rubber clothing;

(y) women’s and girls’ clothing industries: establishments primarily engaged in manufacturing clothing for women and girls, in particular, the manufacturing of coats, jackets, blouson-style jackets, ski-wear, jeans, jean skirts and jean jackets, T-shirts, sportswear, dresses, natural or synthetic fabric blouses and shirts, underwear, sleepwear, wedding clothes and maternity clothes, including the manufacturing of clothing for women and girls on a contract basis. This category excludes the manufacturing of knitted, leather, fur or vulcanized rubber clothing;

(z) children’s and babies’ clothing industries: establishments primarily engaged in manufacturing clothing for children and babies, in particular, the manufacturing of underwear and sleepwear, including the manufacturing of clothing for children and babies on a contract basis. This category excludes the manufacturing of knitted, leather, fur or vulcanized rubber clothing. This category also excludes establishments primarily engaged in manufacturing clothing for small boys that is classified in either of the categories of men’s and boys’ clothing industries and establishments primarily engaged in manufacturing clothing for small girls that is classified in either of the categories of women’s and girls’ clothing industries;

(aa) other clothing industries: establishments primarily engaged in manufacturing sweaters for men, women and children, except knitted sweaters. This category also includes establishments primarily engaged in manufacturing work clothes, occupational clothing, uniforms and parts of uniforms of any fabric, except vulcanized rubber or leather, including, in particular, establishments primarily engaged in manufacturing coveralls, overalls, work suits and military uniforms. This category also includes establishments primarily engaged in manufacturing uniforms for sports teams, except knitted uniforms or uniforms made from leather or vulcanized rubber. It also includes establishments primarily engaged in manufacturing gloves, mitts and mittens for men, women and children, except knitted gloves, mitts and mittens, establishments primarily engaged in manufacturing fur trimmings (cuffs, collars, etc.) for men, women and children, establishments primarily engaged in manufacturing foundation garments, except knitted foundation garments, establishments primarily engaged in manufacturing hats made from leather, wool, cloth or other materials, except fur or knitted hats, and establishments primarily engaged in manufacturing articles of clothing not classified above, such as belts, ties or beach wear, except knitted articles;

(bb) cotton yarn and cloth mills: establishments primarily engaged in spinning, twisting, winding or spooling cotton yarn and in weaving fabrics wholly or mainly of cotton such as duck, sheetings, prints, towellings, bedspread fabrics, table damask, drapery and upholstery fabrics;

(cc) wool yarn and cloth mills: establishments primarily engaged in spinning and winding yarn containing wool for sale as such, and establishments primarily engaged in weaving woollen and worsted fabrics such as suitings, coatings, dress goods and flannel; blankets and blanketings; and other woollen and worsted fabrics. This category includes establishments primarily engaged in weaving paper-makers’ felt of all textile materials. Establishments primarily engaged in mills whose chief products are knitted goods are classified in subparagraph ll (knitting, except the hosiery industry);

(dd) man-made fibre, yarn and cloth mills: establishments primarily engaged in manufacturing man-made textile fibres (including fibreglass), yarns, threads and broad woven goods. This category includes establishments engaged in the extrusion of man-made textile filaments from purchased resins, but excludes establishments primarily engaged in producing the basic synthetic material in such forms as liquids, chips, powders or flakes;

(ee) cordage and twine industry: establishments primarily engaged in manufacturing rope, cable, cordage, net, twine and related goods from hemp, jute, cotton, paper, flax and other fibres;

(ff) felt and fibre processing mills: establishments primarily engaged in manufacturing pressed felt of any fibre by means of heating, moisture and pressure; in making punched felt for rugs, cushions and other products from hair, jute, wool or other fibres; in preparing fibres for spinning (except synthetic fibres); in manufacturing batting, padding, wadding and upholstery filling; or in processing waste and recovered fibres and flock. This category includes establishments primarily engaged in wool scouring, carbonizing, and combing, and in making and converting top. Establishments primarily engaged in manufacturing paper-makers’ felts are classified in subparagraph cc (wool yarn and cloth mills). Establishments primarily engaged in making other woven felts are excluded;

(gg) carpet, mat and rug industry: establishments primarily engaged in manufacturing carpets and rugs of wool, cotton or synthetic materials; jute and cocoa fibre mats and matting; and rag carpets and rugs. This category excludes rubber mat manufacturing;

(hh) canvas products, and cotton and jute bag industries: establishments primarily engaged in manufacturing awnings, tents, sails, tarpaulins, canopies and bags made from canvas, cotton, jute, burlap and other textile fabrics;

(ii) automobile fabric accessories industries: establishment primarily engaged in manufacturing automobile upholstery materials and body linings, automobile seat cushions and backs, seat belts and other fabric accessories;

(jj) miscellaneous textile industries: establishments primarily engaged in the manufacture of threads for use in sewing, crocheting, darning, hand knitting, embroidering and related purposes; narrow fabrics, such as ribbons, tapes and bindings, elastic cord, lacing, elastic and non-elastic webbing, textile belting and fire hoses; house furnishings, such as curtains, draperies and bedspreads; linen and jute fabrics; trimmings and Schiffli machine embroideries; bandages, gauze, surgical dressings and sanitary napkins; stuffed sleeping bags and textile products not classified elsewhere. This category also includes establishments primarily engaged in the dyeing, sponging and finishing of woollen and worsted, cotton linen, silk and synthetic goods;

(kk) hosiery mills: establishments primarily engaged in knitting full-fashioned or seamless hosiery or pantyhose. Establishments primarily engaged in dyeing or finishing hosiery and other textile products on a custom basis are classified in subparagraph jj (miscellaneous textile industries);

(ll) knitting mills: establishment primarily engaged in manufacturing knit outerwear, underwear, gloves and other knit articles except hosiery;

(8) the transportation equipment and machinery industries sector (except electrical machinery), including the following categories of establishments:

(a) aircraft and aircraft parts manufacturers: establishments primarily engaged in manufacturing airplanes, gliders, ballons and aircrafts parts, such as engines, propellers and pontoons. Aircraft repair is included in this industry, as are establishments primarily engaged in manufacturing parts for guided missiles and space vehicles. Air cushioned vehicle are classified in subparagraph h (miscellaneous vehicle manufacturers), and the manufacture of aeronautical instruments is excluded;

(b) motor vehicle manufacturers: establishments primarily engaged in manufacturing or assembling complete motor vehicles such as passenger automobiles, commercial cars and buses, trucks, and specials purpose motor vehicles such as ambulances and taxicabs;

(c) truck body and trailer manufacturers: establishments primarily engaged in manufacturing truck and bus bodies but not in manufacturing complete trucks or buses, including establishments primarily engaged in manufacturing truck trailers and tractor-type bus trailers, and those primarily engaged in manufacturing trailer for attachment to passenger cars;

(d) motor vehicle parts and accessories manufacturers: establishments primarily engaged in manufacturing motor vehicle parts, except truck and bus bodies, and accessories for use on motor vehicles, such as engines, brakes, clutches, axles, gears, transmissions, wheels, frames, radiators, springs, automobile hardware, heaters, horns, and mirrors. The manufacture of tires and tubes, automobile glass, automobile fabric accessories and batteries is excluded;

(e) railroad rolling stock industry: establishments primarily engaged in building and rebuilding locomotives of any type or gauge and railroad cars (including frames and parts) for freight and passenger service;

(f) shipbuilding and repair: establishments primarily engaged in building and repairing all types of ships of more than 5 tons displacement;

(g) boatbuilding and repair: establishments primarily engaged in building and repairing all types of boats. This industry, for the most part, handles the smaller type of craft, such as motorboats, sailboats, rowboats, lifeboats and canoes;

(h) miscellaneous vehicle manufacturers: establishments primarily engaged in manufacturing transportation equipment not elsewhere classified, including snowmobiles, air-cushioned vehicles and animal-drawn vehicles including sleighs, as well as parts for any vehicles included;

(i) agricultural implement industry: establishments primarily engaged in manufacturing agricultural implements such as ploughs, threshing machines, binders, fertilizing machinery, milking machines and mowing machines. The industry also includes establishments primarily engaged in manufacturing truck tractors. Establishments primarily engaged in manufacturing truck tractors for highway use are classified in subparagraph b (motor vehicle manufacturers). Establishments primarily engaged in manufacturing industrial tractors for handling materials in industrial plants, depots and docks are classified in subparagraph j (miscellaneous machinery and equipment manufacturers). Establishments primarily engaged in manufacturing hand tools, such as hoes, rakes, and shovels, are excluded;

(j) miscellaneous machinery and equipment manufacturers: establishments primarily engaged in manufacturing machinery and equipment designed particularly for use in construction and mining operations including earth moving machinery and equipment, and earth and rock boring and drilling equipment including rock drill bits; establishments primarily engaged in manufacturing other special-industry machinery except agricultural machinery, including such products as textile machinery, pulp and paper machinery, printing machinery and food processing machinery; establishments primarily engaged in manufacturing machinery and equipment not designed for use in any particular industry or classified elsewhere, including such products as marine engines, general purpose engines, pumping equipment, equipment for the transmission of mechanical powers, ventilating, exhaust and dust collecting equipment, conveyor systems, elevators and lifting and hoisting machinery.

Establishments primarily engaged in manufacturing industrial tractors for handling materials in industrial plants, depots and docks are included here, as are establishments primarily engaged in manufacturing wood-working machinery and in manufacturing machine tools which are power-driven machines employing a cutting tool for work on metal. Establishments primarily engaged in manufacturing bits, drills and other cutting tools for machines or for power-driven hand tools are excluded;

(k) commercial refrigeration and air conditioning equipment manufacturers: establishments primarily engaged in manufacturing electric and non-electric commercial refrigerating equipment such as display cases, counters and frozen food storage cabinets, and refrigeration units for installation in custom or built-in refrigeration facilities. The industry also includes establishments primarily engaged in manufacturing self-contained air conditioning units, except window type, and air conditioning equipment for installation in custom and built-in air conditioning systems;

(l) office and store machinery manufacturers: establishments primarily engaged in manufacturing office and store machinery such as typewriters, cash registers, coin-operated vending machines, mechanical computing machines, and scales and balances. Establishments primarily engaged in manufacturing electronic computers, data processors and related control devices are included here;

(9) the forestry and sawmill sector, including the following categories of establishments:

(a) logging: establishments primarily engaged in felling and bucking, bunching, yarding, forwarding, decking and loading of roundwood and establishments primarily engaged in the recovery of lost logs including sinkers. Establishments primarily engaged in transporting wood with specialized logging trucks and in driving, booming, sorting, rafting and towing of wood — if not licensed as public carriers — are included also, as are barking mills engaged in producing barked or rossed pulpwood;

(b) forestry services: public or private establishments primarily engaged in forestry patrol, fire inspection, fire fighting, forest nurseries, reforestation and other forestry services. Forestry consultants are excluded;

(c) sawmills, planing mills and shingle mills: establishments primarily engaged in sawing lumber (boards, timbers, dimension stock), spoolwood, lath and other mill products such as shingles, cooperage stock and box shook from logs or bolts; in dressing and working lumber to produce standard matched, shiplapped or patterned products. Establishments primarily engaged in manufacturing hardwood flooring and millwork products other than lumber are excluded. Pulp barking mills are included in subparagraph a (logging);

(10) the paper and allied industries sector, including the following categories of establishments:

(a) pulp and paper mills: this industry includes pulp mills producing chemical or mechanical woodpulp; and combined pulp and paper mills and paper mills manufacturing newsprint, book and writing papers, Kraft paper, paperboard or building and insulation board. Establishments primarily engaged in manufacturing converted paper and paperboard products are classified in subparagraph c (paper box and bag manufacturers) or subparagraph d (miscellaneous paper converters);

(b) asphalt roofing manufacturers: establishments primarily engaged in manufacturing asphalt-saturated shingles and siding, roofing felts and sheathings, smooth-surfaced and mineral-surfaced roll roofings;

(c) paper box and bag manufacturers: establishments primarily engaged in manufacturing shipping boxes or cases made of corrugated or solid fibreboard; paper bags and paper and paperboard containers not elsewhere classified. Many establishments included in this industry produce bags and other containers of synthetic materials and of metal foil. Establishments primarily engaged in manufacturing folding cartons and set-up boxes are excluded;

(d) miscellaneous paper converters: establishments primarily engaged in coating, treating, cutting and otherwise converting paper and paperboard. Many of these establishments also use synthetic materials and metal foil to produce articles similar to those manufactured of paper and paperboard. Important products of establishments classified in this subparagraph are waxed paper, crepe paper, paper napkins, envelopes and stationery, gummed paper, wallpaper, paper plates and cups, mailing tubes;

(11) the wood and furniture industries sector, including the following categories of establishments:

(a) veneer and plywood mills: establishments primarily engaged in producing plywood or veneer;

(b) sash, door and other millwork plants: establishments primarily engaged in manufacturing mill products such as sash, doors, window and door frames, interior woodwork, mouldings and hardwood flooring. This industry also includes establishments primarily engaged in manufacturing prefabricated, wood-framed buildings or prefabricated panels for buildings or in manufacturing laminated beams and structures. Establishments primarily engaged in producing rough, dressed or worked lumber are excluded. Establishments primarily engaged in producing plywood or veneer are classified in subparagraph a (veneer and plywood mills);

(c) wooden box factories: establishments primarily engaged in manufacturing wooden boxes and pallets, crates, fruit and vegetable baskets. This industry includes establishments making box shook from swan lumber;

(d) coffin and casket industry: establishments primarily engaged in the manufacture of coffins, caskets and other morticians’ supplies;

(e) miscellaneous wood industries: establishments primarily engaged in wood preservation, in wood turning and in manufacturing wood products not elsewhere classified including sawdust briquettes. Principal products are beekeepers’ and poultrymen’s supplies, excelsior, woodenware (clothespins, washboards, stepladders, pails and tubs), sanitary woodwork and particle board. Establishments primarily engaged in manufacturing cooperage such as barrels, casks, kegs, and other containers made of staves are included in this industry.Establishments primarily engaged in manufacturing cooperage stock, but not cooperage are excluded;

(f) household furniture manufacturers: establishments primarily engaged in manufacturing household furniture of all kinds and of all materials. This industry also includes upholstery, cabinet making and furniture repairing shops;

(g) office furniture manufacturers: establishments primarily engaged in manufacturing office furniture such as desks, chairs, tables, filing cabinets of all kinds and of all materials;

(h) miscellaneous furniture and fixtures manufacturers: establishments primarily engaged in manufacturing store furniture and fixtures, public building and professional furniture and fixtures of all kinds and of all materials. This industry also includes establishments primarily engaged in manufacturing mattresses and springs. Manufacturers of stone furniture are excluded;

(i) electric lamp and shade manufacturers: establishments primarily engaged in manufacturing electric table and floor lamps and shades of all types and of all materials. Establishments primarily engaged in manufacturing electric fixtures are excluded;

(12) the mining (including milling) and mining services sector, excluding quarries and sand pits, including the following categories of establishments:

(a) gold mines: establishments primarily engaged in mining gold veins and ore veins in which gold is usually the largest economic part. This category includes the dressing and beneficiating of ore and production of bullion at the site of the mine;

(b) copper mines: establishments primarily engaged in mining copper veins and ore veins in which copper is usually the largest economic part. This category includes ore dressing (crushing, grinding, cleaning, screening, classification) the concentration of valuable mineral species, drying, the shipping of concentrates, smelting and tailings disposal;

(c) zinc mines: establishments primarily engaged in operating mines where zinc is the largest economic part. This category includes the stages of ore dressing, the concentration of valuable mineral species, drying, the shipping of concentrates, and tailings disposal;

(d) iron mines: establishments primarily engaged in extracting, dressing and beneficiating iron ore, and transport and handling activities directly dependent on the establishments;

(e) other metal mines: establishments primarily engaged in extracting, dressing and beneficiating metal ore other than gold, copper, zinc and iron;

(f) asbestos mines: establishments primarily engaged in extracting and milling asbestos fibre;

(g) feldspar and quartz mines: establishments primarily engaged in mining and milling feldspar and quartz;

(h) salt mines: establishments primarily engaged in mining, refining and handling salt;

(i) talc mines: establishments primarily engaged in mining talc;

(j) other non-metal mines: establishments primarily engaged in mining and milling non-metallic minerals other than asbestos, feldspar, quartz, salt and talc. Establishments primarily engaged in extracting and treating peat are excluded;

(k) contract drilling and prospecting: establishments primarily engaged in contract drilling other than for water, oil or gas. Old style prospecting is included in this category. Establishments primarily engaged in providing geophysical exploration services are excluded;

(l) services incidental to mine exploration, development and extraction: establishments primarily engaged in providing to mining companies contract services such as drilling, the sinking of shafts and tunnels, the removal of overburden, drainage, pumping and other work incidental to mine exploration, development and extraction;

(13) the municipal affairs sector, including establishments primarily engaged in public administration at the local or regional level and establishments of any agency acting on behalf of a municipality within which the municipality may be represented, which it may supervise, or over which it may exercise budgetary control or require that accounts be rendered;

(14) (paragraph revoked).

R.R.Q., 1981, c. S-2.1, r. 1, Sch. A; O.C. 47-83, s. 1; O.C. 582-83, s. 1; O.C. 1405-83, s. 1; O.C. 1406-83, s. 1; O.C. 1606-84, s. 2 ; O.C. 687-85, s. 1; O.C. 1712-92, s. 3; O.C. 448-2009, s. 1; O.C. 920-2015, s. 1; O.C. 186-2017, s. 1; O.C. 1209-2020, s. 1.

REFERENCES

R.R.Q., 1981, c. S-2.1, r. 1

O.C. 47-83, 1983 G.O. 2, 705

O.C. 582-83, 1983 G.O. 2, 1465

O.C. 1405-83, 1983 G.O. 2, 2729

O.C. 1406-83, 1983 G.O. 2, 2731

O.C. 1606-84, 1984 G.O. 2, 3174

O.C. 2487-84, 1984 G.O. 2, 3973

O.C. 687-85, 1985 G.O. 2, 1507

O.C. 1712-92, 1992 G.O. 2, 5120

O.C. 448-2009, 2009 G.O. 2, 1510

O.C. 920-2015, 2015 G.O. 2, 2908

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

O.C. 186-2017, 2017 G.O. 2, 632

S.Q. 2020, c. 10, s. 64

O.C. 1209-2020, 2020 G.O. 2, 3147