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S-2.1, r. 29 - Regulation respecting the implementation of the Agreement on any program of the Ministère de la Santé et des Services sociaux

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chapter S-2.1, r. 29
Regulation respecting the implementation of the Agreement on any program of the Ministère de la Santé et des Services sociaux
Act respecting occupational health and safety
(chapter S-2.1, s. 223, 1st par., subpar. 39).
1. The Act respecting industrial accidents and occupational diseases (chapter A-3.001) applies to persons who participate in any program of the Ministère de la Santé et des Services sociaux to the extent and on the conditions provided by the agreement entered into by the Minister of Health and Social Services with the Commission de la santé et de la sécurité du travail attached as Schedule I.
O.C. 1198-2010, s. 1.
2. This Regulation replaces the Regulation respecting the implementation of the agreement on any program of the Ministère de la Santé et des Services sociaux, (O.C. 966-2002, 2002-08-21).
O.C. 1198-2010, s. 2.
3. (Omitted).
O.C. 1198-2010, s. 3.
AGREEMENT BETWEEN
THE MINISTER OF HEALTH AND SOCIAL SERVICES
AND
THE COMMISSION DE LA SANTÉ ET DE LA SÉCURITÉ DU TRAVAIL
WHEREAS, under section 1 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2), the Minister of Health and Social Services has charge of the direction and administration of the Ministère de la Santé et des Services sociaux and of the application of the Acts and regulations respecting health and social services;
WHEREAS, under paragraph h of section 3 of the same Act, the Minister must in particular promote the development and implementation of programs and services according to the needs of individuals, and families and other groups;
WHEREAS, under section 10 of the same Act, the Minister may enter into agreements with any government, one of its departments, with an international organization or with an agency of that government or organization for the purposes of the application of the Act or another Act within the competence of the Minister;
WHEREAS, under section 138 of the Act respecting occupational health and safety (chapter S-2.1), the Commission is a legal person within the meaning of the Civil Code of Québec and has the general powers of such a legal person and the special powers conferred upon it by that Act;
WHEREAS, under section 170 of the same Act, the Commission may make agreements with a Government department or agency, another government or a department or agency of such a government for the application of the Acts and regulations administered by it, according to law;
WHEREAS the Minister requires that the Act respecting industrial accidents and occupational diseases (chapter A-3.001) be applicable to workers covered by this Agreement and he or she intends to assume the obligations prescribed for employers;
WHEREAS, under section 16 of the Act respecting industrial accidents and occupational diseases, a person doing work under a project of any government, whether or not the person is a worker, may be considered to be a worker employed by that government, by an agency or by a legal person, on the conditions and to the extent provided by an agreement between the Commission and the government, agency or legal person concerned;
WHEREAS, under section 16 of that Act, the second paragraph of section 170 of the Act respecting occupational health and safety applies to the agreement, to wit, that the Commission may, by regulation, put into effect an agreement extending benefits arising out of Acts or regulations administered by it;
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
CHAPTER 1.00 ENABLING PROVISION

Enabling
provision 1.01 This Agreement is entered into under section 16
of the Act respecting occupational health and
safety (chapter A-3.001).

CHAPTER 2.00 PURPOSES

Purposes 2.01 The purposes of this Agreement is to provide to
what extent and on what conditions the Act
respecting occupational health and safety is to
apply to the workers governed and to determine the
respective obligations of the Minister and the
Commission.

CHAPTER 3.00 DEFINITIONS

3.01 For the purposes of this Agreement,

“service employment
paycheque” (a) “services employment paycheque” means the method
of paying for services provided by worker, which
will be managed by Services de paie Desjardins or
any other organization called upon to perform that
function;

“Commission” (b) “Commission” means the Commission de la santé et de
la sécurité du travail;

“employment
injury” (c) “employment injury” means an injury or a disease
arising out of or in the course of an industrial
accident, or an occupational disease, including
a recurrence, relapse or aggravation within the
meaning of the Act;

“Act” (d) “Act” means the Act respecting occupational health
and safety (chapter A-3.001);

“Minister” (e) “Minister” means the Minister of Health and Social
Services;

“worker” (f) “worker” means a person who provides services to a
user, particularly under the program indicated in
Schedule 1, and whose remuneration is paid by means
of the service employment paycheque;

“user” (g) “user” means a user referred to in the Act
respecting health services and social services
(chapter S-4.2) who uses the services of a
worker within the meaning of this Agreement.

CHAPTER 4.00 MINISTER’S OBLIGATIONS

Employer 4.01 The Minister is deemed to be the employer of any
worker covered by this Agreement.

Restrictions Despite the foregoing, the employer-employee
relationship is recognized as such only for the
purposes of indemnification, assessment and
imputation of the cost of benefits under the Act and
must not be deemed to be an admission of a factual
situation leading itself to interpretation in other
fields of activity.

Exclusions The workers covered by this Agreement are neither
employees, public servants or officers of the
Gouvernement du Québec, including the Ministère
de la Santé et des Services sociaux, nor of any
category of institutions specified in the Act
respecting health services and social services or of
a regional agency instituted under that Act.

General
obligations 4.02 As the employer, the Minister is bound by all the
obligations imposed by the Act, with the necessary
modifications, including the obligation to keep a
register of industrial accidents occurring in users’
domiciles.

Register
of accidents However, in the case of the register of industrial
accidents referred to in the first paragraph, the
Minister is required to put the register at the
disposal of the Commission only.

Information Upon request by the Commission, the Minister sends a
description of the tasks and activities performed by
the worker when the employment injury occurred.

Exceptions 4.03 Despite section 4.02, section 32 of the Act
concerning the dismissal, suspension or transfer
of a worker, discriminatory measures or reprisals,
as well as Chapter VII concerning the right to
return to work, are not applicable to the Minister.

First aid The Minister must see that first aid is given to a
worker suffering from an employment injury, in
accordance with sections 190 and 191 of the Act, and
pay the related costs.

Payment of
assessment 4.04 The Minister undertakes to pay the assessment
calculated by the Commission in accordance with
the Act and the regulations thereunder, as well
as the fixed administration expenses related to
each special envelope.

For the purposes of this Agreement, the Minister is
also required to make periodic payments, in
accordance with section 315.1 of the Act.

Assessment 4.05 For assessment purposes, the Minister is deemed
to pay a salary corresponding to the annual gross
employment income paid to the worker by means of
the service employment paycheque.

Annual
statement 4.06 Each year before 15 March, the Minister is to send
the Commission a statement indicating the amount of
annual gross salaries paid to the workers covered by
this Agreement during the preceding calendar year.

Register 4.07 The Minister keeps a detailed register of the
workers’ names and addresses and, upon request by
the Commission, provides it with the information if
needs for the purposes of this Agreement.

Description
of programs 4.08 The Minister sends the Commission, upon the coming
into force of this Agreement, a description of any
program appearing un Schedule 1.

New program
or amendment Any new program or any subsequent amendment to a
program appearing in Schedule 1 is also to be sent
so as to determine whether it should come or remain
under this Agreement.

CHAPTER 5.00 COMMISSION’S OBLIGATIONS

Worker
status 5.01 The Commission considers a worker covered by this
Agreement as a worker within the meaning of the Act.

Indemnity 5.02 A worker suffering from an employment injury is
entitled to an income replacement indemnity as of
the first day following the day the worker became
unable to carry on his or her employment by reason
of the injury.

Payment Despite the first paragraph of section 124 of the
Act, the Minister pays that worker, as of the
fifteenth full day following the day the worker
became unable to carry on his or her employment and
for all the time of that inability, the income
replacement indemnity determined by the Commission,
in accordance witch the Act.

Advance However, should the worker’s claim be refused by
the Commission, the amount paid by the Minister is
an advance with respect to the remuneration paid by
means of the service employment paycheque.

Reimbursement 5.03 The Commission reimburses the Minister the income
replacement indemnity paid by it as of the fifteenth
full day following the day the worker became unable
to carry on his or her employment and for all the
time of that inability, in accordance with the
second paragraph of section 5.02, to the extent that
the Commission recognizes the worker’s entitlement
to the payment of that indemnity.

Financial
envelope 5.04 Upon request by the Minister, the Commission
allocates a specific financial envelope to each
program covered by this Agreement.

Program
referred to In the case of the program referred to in
schedule 1, it is classified in the unit of
operation “Immovable maintenance services”
(77020) or, following amendments made to that unit
of operation following the signing of this
Agreement, in a unit corresponding to those
activities.

Other programs The Commission may allocate to any new program
covered by this Agreement an envelope classified
according to the rate of a unit corresponding to the
activities included in that new program.

Applicable rate 5.05 The Commission fixes for the program provided for in
the second paragraph of section 5.04 either the
specific assessment rate of the unit, or a
personalized assessment rate, provided in the latter
case that the Minister meets the conditions of the
Act and its regulations for each assessment year.

Other programs The foregoing also applies to any new program
covered by this Agreement.

Retrospective
adjustment The Commission also carries out the retrospective
adjustment of the annual assessment applicable to
the Minister, provided that the Commission meets the
conditions of the Act and its regulations for the
assessment year.

CHAPTER 6.00 MISCELLANEOUS

Follow-up 6.01 Both the Commission and the Minister designate,
within 15 days of the coming into force of this
Agreement, a person responsible for the follow-up
of this Agreement.

Addresses
of notices 6.02 Any notice required by this Agreement is to be sent
to the Commission or Minister at the following
addresses:

(a) Le Secrétaire de la Commission
Commission de la santé et de la sécurité du
travail
1199, rue de Bleury, 14e étage
Montréal (Québec) H3C 4E1;

(b) Le Secrétaire du ministère
Ministère de la Santé et des Services sociaux
1075, chemin Sainte-Foy
Québec (Québec) G1S 2M1.

CHAPTER 7.00 COMING INTO FORCE, TERM AND TERMINATION

Effective date 7.01 This Agreement takes effect on the date of coming
into force of the Regulation made for that purpose
by the Commission under section 170 of the Act
respecting occupational health and safety.

Term It remains in force until 31 December 2011.

Tacit renewal 7.02 This Agreement will be renewed tacitly from one
calendar year to the next, unless one of the parties
sends the other a notice by registered or certified
mail indicating that it intends to terminate the
Agreement or to make amendments thereto, at least 90
days before the Agreement expires.

Amendment 7.03 In the latter case, the notice must include the
amendments that the party intends to make.

Renewal Sending such a notice does not prevent the tacit
renewal of this Agreement for one year. If the
parties disagree on the amendments to be made, the
Agreement comes to an end, without further notice,
at the end of that renewal period.

CHAPTER 8.00 CANCELLATION OF THE AGREEMENT

Default 8.01 If the Minister fails to respect any of his or her
obligations, the Commission may ask the Minister to
rectify the default within the time set by it. If
the situation is not rectified within the prescribed
time, the Commission may cancel this Agreement
unilaterally, upon written notice.

Date 8.02 The Agreement is then cancelled on the date on which
the written notice is sent.

Financial
adjustments 8.03 In the event of cancellation, the Commission makes
the financial adjustments taking into account the
amounts payable under this Agreement.

Amount due Any amount due following those financial adjustments
is payable on the due date specified on the notice
of assessment.

Common
agreement 8.04 The parties may cancel this Agreement at any time
if they both agree thereto.

Damages 8.05 In the event of cancellation, neither party may
be obligated to pay damages or any other form
of indemnity or fees to the other party.

IN WITNESS WHEREOF, the parties have signed


at __________ on this __________ at __________ on this __________

( ) day of __________ 2010 ( ) day of __________ 2010

_______________________________ _______________________________
JACQUES COTTON LUC MEUNIER
Deputy Minister Chair of the board of directors and
Ministère de la Santé et Chief Executive Officer
des Services sociaux Commission de la santé et de
la sécurité du travail
SCHEDULE 1 TO THE AGREEMENT
Program covered by the agreement
— Direct allowance program for home services.
O.C. 1198-2010, Sch. I.
REFERENCES
O.C. 1198-2010, 2010 G.O. 2, 3859B
© Gouvernement du Québec