S-2.1, r. 7.1 - Regulation respecting registration, travel and accommodation expenses of training programs on prevention mechanisms specific to construction sites

À jour au 1^er janvier 2024

Ce document a valeur officielle.

chapter S-2.1, r. 7.1

Regulation respecting registration, travel and accommodation expenses of training programs on prevention mechanisms specific to construction sites

Act to modernize the occupational health and safety regime

(2021, chapter 27, ss. 224, 230, 232, 233 and 308).

Act respecting occupational health and safety

(chapter S-2.1, s. 207.1, 3rd par., s. 211, 3rd par., s. 215.3, 3rd par., and s. 223, 1st par., subpars. 24 and 42).

DIVISION I SCOPE

O.C. 1705-2023, Div. I.

1. The standards set out in this Regulation apply to a person who must participate in a training program to obtain a certificate referred to in the Regulation respecting prevention mechanisms specific to construction sites (chapter S-2.1, r. 8.2) by reason of that person’s designation as a job-site committee member, a health and safety representative or a health and safety coordinator on a construction site.

O.C. 1705-2023, s. 1.

DIVISION II REGISTRATION EXPENSES

O.C. 1705-2023, Div. II.

2. The registration expenses for a training program are borne by the Commission des normes, de l’équité, de la santé et de la sécurité du travail where a person provides to the instructor a document from a principal contractor or a representative association, as the case may be, showing that the person has been designated as a job-site committee member, a health and safety representative or a health and safety coordinator on a construction site, and provided that the person obtains the training certificate.

The Commission pays the registration expenses directly to the instructors according to the terms and conditions that the Commission and the instructors have agreed on.

O.C. 1705-2023, s. 2.

3. Despite section 2, a person who is admitted to a training program but, at the time of registration, was not designated as a job-site committee member, a health and safety representative or a health and safety coordinator on a construction site may obtain reimbursement by the Commission of the registration expenses the person paid if the person is designated as such within 12 months of the issue of their training certificate.

A person who attended that training program as part of a more general program leading to a secondary school, college or university diploma may obtain reimbursement only of the registration expenses relating to the component of the training that led to the certificate.

In order to obtain the reimbursement of registration expenses, the person must file an application in the manner prescribed by section 7 and provide the registration fee receipt issued by the instructor.

O.C. 1705-2023, s. 3.

DIVISION III TRAVEL AND ACCOMMODATION EXPENSES

O.C. 1705-2023, Div. III.

4. The indemnities granted to a person when the training program or a part of that program is not offered remotely and requires the person’s presence at a place of training located outside the usual work place are the following:

(1)  $0.600 per km for transportation expenses according to the shortest road distance between the person’s domicile and the place of training for each day that travel is required between the 2 places to participate in the training;

(2)  $61.15 per day of training for meal expenses;

(3)  $15 per day of training for parking expenses.

O.C. 1705-2023, s. 4.

5. In addition to the indemnities provided for in section 4, when the place of training is situated more than 120 km from the person’s domicile, the person is entitled to the following indemnities:

(1)  $151 for each day requiring lodging to participate in the training where the lodging is required between 1 November and 31 May or $166 where the lodging is required between 1 June and 31 October;

(2)  $7.75 for each day with an overnight stay;

(3)  an indemnity corresponding to 10 km for each day of training, according to the rates set out in paragraph 1 of section 4, for travel between the place of lodging and the place of training.

However, if the place of training is more than 320 km from the person’s domicile, the person is entitled to the indemnities in subparagraphs 1 and 2 of the first paragraph for an additional day.

O.C. 1705-2023, s. 5.

6. A person who attends the training program as part of a more general program leading to a secondary school, college or university diploma is not entitled to the indemnities provided for in this Division.

O.C. 1705-2023, s. 6.

DIVISION IV PAYMENT OF INDEMNITIES

O.C. 1705-2023, Div. IV.

7. To be entitled to the payment of the indemnities provided for in Division III, a person who has attended a training program must, within 12 months of the issue of their training certificate, file an application with the Commission by completing the form made available on the Commission’s website, and provide a document from a principal contractor or a representative association, as the case may be, showing that the person has been designated as a job-site committee member, a health and safety representative or a health and safety coordinator on a construction site.

A person who was not designated as a job-site committee member, a health and safety representative or a health and safety coordinator on a construction site at the time of registration, may obtain the payment of indemnities by the Commission if the person was designated as such within 12 months of the issue of their training certificate.

The person must keep the supporting documents for the expenses incurred for a period of 12 months from the time the application is filed in order to allow the Commission to verify that the person meets the requirements of this Regulation.

O.C. 1705-2023, s. 7.

8. Within the scope of the application provided for in section 7, the Commission may, on presentation of the reasons in writing along with supporting documents, grant a supplementary amount, in addition to the indemnities provided for in Division III, because of exceptional circumstances, in particular where the length of the journey or poor road conditions make travel on the day of training difficult or dangerous.

O.C. 1705-2023, s. 8.

9. The indemnities provided for in paragraphs 1 and 2 of section 4 and section 5 are revalorized according to the amendments that the Conseil du trésor may make to the Directive sur les frais remboursables lors d’un déplacement et autres frais inhérents (C.T. 194603, 2000-03-30) concerning indemnities for kilometrage up to 8,000 km, meal expenses for each full day away and hotel lodging expenses for Ville de Montréal. However, for the application of this Regulation, such amendments will have effect only from the 1 January that follows their adoption by the Conseil du trésor and be applicable only with respect to the expenses incurred as of that date.

The indemnity provided for in paragraph 3 of section 4 is revalorized on 1 January of every year according to the method provided for sections 119 to 123 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

The Commission publishes the revalorized amounts in Part 1 of the Gazette officielle du Québec.

O.C. 1705-2023, s. 9.

DIVISION V FINAL

O.C. 1705-2023, Div. V.

10. (Omitted).

O.C. 1705-2023, s. 10.

REFERENCES

O.C. 1705-2023, 2023 G.O. 2, 3145