a-3.001, r. 7.1 - Regulation respecting suppliers

À jour au 23 février 2023

Ce document a valeur officielle.

chapter A-3.001, r. 7.1

Regulation respecting suppliers

Act respecting industrial accidents and occupational diseases

(chapter A-3.001, s. 454.1, pars. 2 and 3).

DIVISION I SCOPE

O.C. 102-2023, Div. I.

1. This Regulation applies to suppliers referred to in Division I of Chapter VIII.1 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

O.C. 102-2023, s. 1.

DIVISION II AUTHORIZATION

O.C. 102-2023, Div. II.

§ 1 . — Authorization application

O.C. 102-2023, Sd. 1.

2. The Commission des normes, de l’équité, de la santé et de la sécurité du travail authorizes a person or enterprise that sends to the Commission an authorization application using the form available on the Commission’s website and that meets the following conditions to be a supplier:

(1)  be a member of a professional order without restriction of the right to engage in professional activities respecting the goods or services provided to the beneficiaries, where applicable on the basis of the goods or services;

(2)  meet the special conditions set out in Schedule I that are associated with the goods or services provided, where applicable on the basis of the goods or services;

(3)  not be registered in the register of enterprises ineligible for public contracts established under the Act respecting contracting by public bodies (chapter C-65.1);

(4)  where the person or enterprise is an employer, not have failed to comply with the requirements set out in Chapters IX and X of the Act;

(5)  not have failed to pay a sum payable under the Act;

(6)  except in the case of a member of a professional order or an enterprise established by such members, hold liability insurance of at least $2,000,000 per claim establishing a guarantee against the financial consequences of the liability incurred as a result of errors or negligence in the provision of goods or services to the beneficiaries;

(7)  not have been found guilty, in the 5 years preceding the authorization application, of an offence under the Act related to the required abilities and the appropriate behaviour of a supplier of goods or services, unless a pardon was obtained;

(8)  not have a judicial record related to the required abilities and the appropriate behaviour of a supplier of goods or services, unless a pardon was obtained.

All the members of a professional order, in the case of subparagraph 1 of the first paragraph, or all persons, in the case of subparagraphs 2, 6, 7 and 8 of the first paragraph, who work with beneficiaries in an enterprise must meet the conditions set out in those subparagraphs.

O.C. 102-2023, s. 2.

3. The authorization application must be completed by a director or an officer, in the case of a legal person, and by a partner, in the case of a partnership. The person filing the application acts as respondent for the purposes of this Regulation.

O.C. 102-2023, s. 3.

§ 2 . — Information and documents to be provided

O.C. 102-2023, Sd. 2.

4. The applicant must provide the following information in the authorization application:

(1)  any restriction to the right to engage in professional activities;

(2)  name and contact information or, in the case of an enterprise, its name and the address of its principal establishment in Québec and, if it is registered, its Québec business number;

(3)  the address of the establishments where the goods or services will be provided to the beneficiaries;

(4)  a description of the goods or services that will be provided to the beneficiaries.

O.C. 102-2023, s. 4.

5. The applicant must attach to the authorization application,

(1)  a document certifying the applicant’s capacity as a member of a professional order or, in the case of an enterprise, the document for each member working with the beneficiaries, where applicable;

(2)  a document certifying that the applicant meets the special conditions set out in Schedule I or, in the case of an enterprise, the document for each person working with the beneficiaries, where applicable;

(3)  where the applicant is an employer, an attestation issued by the Commission within 30 days before the application confirming that the applicant has not failed to comply with the requirements set out in Chapters IX and X of the Act;

(4)  an attestation of insurance compliant with subparagraph 6 of the first paragraph of section 2, where applicable;

(5)  an official document from the enterprise confirming the appointment of the respondent acting in such capacity, where applicable; and

(6)  the applicant’s list of judicial records for which no pardon was obtained or, in the case of an enterprise, the list of judicial records of the members of a professional order or persons working with the beneficiaries, where applicable.

O.C. 102-2023, s. 5.

§ 3 . — Maintaining authorization

O.C. 102-2023, Sd. 3.

6. To maintain the authorization, the supplier must

(1)  comply, at all times, with the requirements provided for in section 2;

(2)  comply with any requirement incumbent on the supplier under the Act;

(3)  notify immediately the Commission, using the prescribed form, of any amendment to the information and documents the supplier sent to the Commission, and provide the amended documents;

(4)  establish a record in the name of the beneficiary and keep it for a minimum period of 5 years as of the date on which it is closed; and

(5)  ensure that the professional activities reserved to the members of a professional order are engaged in only by such a member or, where applicable, by a person or category of persons authorized to engage in such activities in accordance with a regulation under subparagraph h of the first paragraph of section 94 of the Professional Code (chapter C-26).

The record referred to in subparagraph 4 of the first paragraph must contain at least the following information and documents:

(1)  the date on which it is opened;

(2)  the beneficiary’s name, date of birth, contact information and record number of the Commission;

(3)  a description of the grounds for consultation;

(4)  a description of the good or service provided, the date on which it was provided and the name of the supplier and, in the case of an enterprise, the name of the person who provided the good or service;

(5)  a document containing the signature of the beneficiary confirming that the good or service has been received;

(6)  all supporting documents allowing the Commission to verify whether the supplier meets the requirements of the Act.

O.C. 102-2023, s. 6.

DIVISION III TRANSITIONAL AND FINAL

O.C. 102-2023, Div. III.

7. A person or enterprise that is deemed to be a supplier authorized under section 280 of the Act to modernize the occupational health and safety regime (2021, chapter 27) is not required to send an authorization application in accordance with Division II of this Regulation.

The person or enterprise must however immediately notify the Commission of any situation preventing the person or enterprise from complying with any of the conditions set out in section 6.

O.C. 102-2023, s. 7.

8. A person or enterprise that is deemed to be a supplier authorized under section 280 of the Act to modernize the occupational health and safety regime has 1 year as of 23 February 2023 to comply with the requirement set out in subparagraph 2 of the first paragraph of section 2 and, for that purpose, the person or enterprise sends to the Commission all the documents certifying that the person or enterprises meets the special conditions set out in Schedule I.

O.C. 102-2023, s. 8.

9. (Omitted).

O.C. 102-2023, s. 9.

SCHEDULE I

(s. 8)

Goods or services provided	Special conditions
Job search assistance services	• Hold one of the following bachelor’s degrees:
	Vocational and educational guidance
	Guidance
	Career development
	Social work
	Psychology
	or
	• Where the supplier holds a diploma other than those listed, a minimum experience of 1 year in employability is required
	or
	• Be registered in the répertoire des organismes spécialisés en employabilité recognized by Emploi Québec
	or
	• Be a certified or corporate member of the Association québécoise d’information scolaire et professionnelle
	• Be a professional member of the Association québécoise des professionnels du développement de carrière
Intervention with a worker with adjustment or social reintegration problems	• Hold a diploma in specialized education techniques or a bachelor’s degree in psychoeducation
	or
	• Be a member of the Association des Éducatrices et Éducateurs Spécialisés du Québec
Adaptation of the work station	• Hold a master’s degree in ergonomics
	or
	• Be a regular member of the Association professionnelle des ergonomes du Québec
	• Be a regular member of the Association of Canadian Ergonomists
Provide training services	• Have successfully completed training provided by a training centre recognized by the Ministère de l’Éducation du Québec or the Ministère de l’Enseignement supérieur
	or
	• Be a trainer accredited by the Commission des partenaires du marché du travail
	or
	• Be recognized as a trainer accredited by the Société de l’assurance automobile du Québec or the Association québécoise des transports
Design, fabricate and fit ocular prostheses	• Hold a certificate from the National Examining Board of Ocularists
Assess and intervene with a worker who is likely to have or has learning difficulties or disabilities	• Hold a bachelor’s degree in teaching school adjustment
	or
	• Be a qualified professional member of the Association des Orthopédagogues du Québec
Cannabis products for medical purposes	• Health Canada licence - Licence for the sale of medical cannabis
	º Licence for the sale for medical purposes with possession
	º Licence for the sale for medical purposes without possession
Psychotherapy services	• Psychotherapist’s permit issued by the Ordre des psychologues du Québec

O.C. 102-2023, Sch. I.

REFERENCES

O.C. 102-2023, 2023 G.O. 2, 114