E-15 - Industrial and Commercial Establishments Act

Replaced on 1 January 1981

This document has official status.

chapter E-15

Industrial and Commercial Establishments Act

Chapter E-15 is replaced by the Act respecting occupational health and safety (chapter S-2.1). (1979, c. 63, s. 285).

1979, c. 63, s. 285.

DIVISION I DECLARATORY AND INTERPRETATIVE

1. The civil laws of Québec, concerning the responsibility of the employer towards his employees, shall not be considered as in any way amended or varied by the provisions of this act.

R. S. 1964, c. 150, s. 1.

2. In this act, unless the context otherwise requires, the following words, terms and expressions shall, for the purposes of this act, have the following meanings:

(1)  The words “domestic workshop” mean every establishment in which only the members of the family are employed, either under the authority of the father or mother, or of the tutor or guardian, provided such establishment be not classed as dangerous, unhealthy, or incommodious, or that the work be not done by means of steam boilers or other motors;

(2)  The expression “head of establishment” or “employer” includes any person, partnership or corporation who has charge of all or part of an industrial or commercial establishment on his own account or on account of another person, partnership or corporation, as a contractor, subcontractor, manager, supervisor, foreman or agent, or otherwise;

(3)  The expression “industrial establishment” includes factories, mills, works, worksites and workshops of all kinds, together with the dependencies of each of such establishments. Worksites include construction and demolition sites and logging sites. A camp is deemed a dependency;

No premises or place shall be excluded from the definition of an industrial establishment by reason only that such place or premises is or are in the open air;

(4)  The expression “commercial establishment” includes any place where merchandise is offered for sale or purchase and any place where services are offered, together with the dependencies of each of such establishments; it does not include hotels, restaurants and stores where only members of the same family work;

(5)  The words “inspectors” and “sanitary physicians” mean the inspectors and sanitary physicians appointed by the Government, under the authority of this act, for enforcing the provision thereof;

(6)  The word “week”, unless otherwise defined in this act, means the period between zero hours on Sunday night and the same time on the following Saturday night;

(7)  The words “Minister” or “Deputy-Minister” mean the Minister of Labour and Manpower or the Deputy-Minister of Labour and Manpower of Québec.

R. S. 1964, c. 150, s. 2; 1968, c. 43, s. 17; 1968, c. 46, s. 1; 1975, c. 49, s. 1.

DIVISION II APPLICATION OF THE ACT

3. With the exception of mines, which are governed by the Mining Act (chapter M-13), and to which this act applies only when the same is formally enacted herein, all industrial and commercial establishments, shall be subject to the provisions of this act.

Domestic workshops in which no strange workman is employed, are excepted, unless such workshops be classified by the Government as dangerous, unwholesome or incommodious, or unless work be done therein by means of steam boilers or other motors.

The Government, by the regulations enacted by it under section 44, may exempt the whole or part of an industrial or commercial establishment from the application of this act or certain of its provisions.

R. S. 1964, c. 150, s. 3; 1965 (1st sess.), c. 34, s. 315; 1975, c. 49, s. 2.

DIVISION III SAFETY OF EMPLOYEES IN INDUSTRIAL AND COMMERCIAL ESTABLISHMENTS, AND SANITARY CONDITION OF SUCH ESTABLISHMENTS

§ 1 . — General provisions

4. The industrial and commercial establishments mentioned in section 3 shall be built and kept in such manner as to secure the safety of all employed in them; and, in those which contain mechanical apparatus, the machinery, mechanism, gearing, tools and engines shall be so placed and kept as to afford every possible security for the employees.

They shall also be kept in the cleanest possible manner; be sufficiently lighted and have a sufficient quantity of air for the number of persons employed; be provided with effective means for expelling the dust produced during the work, and also the gases and vapours which escape and the refuse resulting therefrom; in a word, fulfil all sanitary conditions necessary for the health of the persons employed, as required by the regulations made in virtue of the Public Health Act (Revised Statutes of Québec, 1964, chapter 161).

R. S. 1964, c. 150, s. 4.

§ 2 . — Special Provisions

5. Regulations may be made by the Government to determine the special precautions necessary for the safety, health and morality of employees or of the classes of employees indicated by it in industrial and commercial establishments.

Such regulations may be amended and may be applied, either wholly or in part, to all industries or to certain methods of working.

R. S. 1964, c. 150, s. 5; 1968, c. 46, s. 2.

DIVISION IV HOURS OF WORK AND OTHER CONDITIONS OF EMPLOYMENT OF PERSONNEL LESS THAN 18 YEARS OF AGE

§ 1 . — Age and other Conditions as to Employment

6. (1)  The Government may prohibit work in any establishment which does not comply with the standards of safety and hygiene prescribed by this act and the regulations made thereunder.

It may also prescribe special standards regarding the qualifying age and such other conditions of employment for tasks and establishments which it classifies as dangerous, unhealthy or incommodious.

(2)  Subject to subsection 1, every member of the personnel of an establishment must be at least sixteen years of age.

(3)  The employer of the boy or girl shall, if required, exhibit to the inspector a certificate of age signed by the parents, tutor or other person having the lawful custody or control over such boy or girl, or the written opinion of a physician on the subject.

The inspector may require that such certificate be verified by affidavit.

R. S. 1964, c. 150, s. 6; 1968, c. 46, s. 3; 1975, c. 49, s. 4.

7. A new examination of the boys or girls allowed to work in a factory, may, at the request of the inspector, be made by one of the sanitary physicians or by any other physician, and, upon the advice of such physician, the employee examined may be discharged for being under age or physically unfit.

R. S. 1964, c. 150, s. 7.

8. It is forbidden for any employer in any industrial or commercial establishment, for any person carrying on any industry, trade or business, for any owner, tenant or manager of a theatre, cinema hall, club, amusement hall, arena, hotel or restaurant, for any telegraph company employing messengers, or in the case of printers or agents who distribute advertisements or hand-bills, and for owners of department stores who employ boys or girls as messengers, to employ any boy or girl less than sixteen years of age. However the inspector may, by means of a permit which he issues for such purpose, allow the persons contemplated by this section to employ any boy or a girl not less than fifteen years of age, between the end of one school year and the beginning of the next, or a boy or girl who attains fifteen years of age before 1 July of the year or who has been released in accordance with section 259 of the Education Act (chapter I-14) from the obligation to attend school.

This section shall not apply to the head of the family who employs his wife or his children in his industry or business; nor shall it apply to persons employing domestic or farm servants.

R. S. 1964, c. 150, s. 8; 1968, c. 46, s. 4; 1975, c. 49, s. 5.

9. It is likewise forbidden for any boy or girl less than sixteen years of age to sell papers, or carry on any business in the streets or public places, unless able to read and write fluently and easily.

Such various occupations shall not be continued after twenty hours.

R. S. 1964, c. 150, s. 9.

10. No employer, who employs a boy or a girl who has not complied with the provisions of this act, may, in case of accident, plead contributory negligence on the part of the victim.

R. S. 1964, c. 150, s. 12.

11. Employers must carefully keep the copies of age certificates furnished by apprentices, and put them at the disposal of the male and female inspectors for the purposes of the service.

R. S. 1964, c. 150, s. 13.

12. Every employer failing to comply with any of the requirements of sections 8 to 11, shall, for each such offence, be liable to the penalty prescribed by section 28.

R. S. 1964, c. 150, s. 14.

§ 2 . — Hours of employment

13. Except in the cases mentioned in section 15, no member of the personnel under eighteen years of age shall be employed in any of the industrial establishments mentioned in section 3, for more than nine hours in any one day or for more than fifty hours in any one week.

Such day of nine hours shall not commence before seven hours or end after eighteen hours.

R. S. 1964, c. 150, s. 15; 1968, c. 46, s. 6; 1975, c. 49, s. 6; 1979, c. 45, s. 165.

14. Except in the cases mentioned in section 15 and during the two weeks preceding New Year’s Day, no member of the personnel under eighteen years of age may work for more than fifty-four hours a week in any commercial establishment.

Such working hours must be apportioned between seven hours and twenty-two hours.

R. S. 1964, c. 150, s. 16; 1968, c. 46, s. 7; 1975, c. 49, s. 7.

15. The chief inspector, when he deems it warranted by the circumstances and in order to make up unavoidably lost time or to satisfy the exigencies of industry, may extend, for a period of time not exceeding eight weeks, the periods of employment of members of the personnel less than eighteen years of age, to fifty-five hours in a week provided that work shall not commence before seven hours or extend beyond twenty-one hours.

R. S. 1964, c. 150, s. 17; 1968, c. 46, s. 8; 1975, c. 49, s. 8.

16. Notwithstanding the provisions of sections 13 and 15, the chief inspector may grant a permit authorizing the double gang arrangement in an industrial establishment. In such case, however, the period of work must not exceed eight hours for each gang or sixteen hours for the two gangs; the distribution of the working hours for the two gangs must be made between seven hours and zero hours.

The chief inspector, if he considers it warranted by the circumstances, may issue a permit to authorize overtime work or the establishment of a third gang for a period not to exceed eight weeks.

R. S. 1964, c. 150, s. 18; 1968, c. 46, s. 9; 1975, c. 49, s. 9; 1979, c. 45, s. 165.

DIVISION V GENERAL DUTIES OF EMPLOYERS

17. Each employer or head of any industrial or commercial establishment mentioned in section 3 shall comply with all the provisions concerning him, and more particularly shall:

(1)  Forward to the inspector, within thirty days from the opening of an establishment, a written notice containing his name and address, the name of the factory, the place where it is situated, the nature of the work, and the nature and amount of the motive power therein;

(2)  In the case of new construction or of alterations to an existing building submit to the inspector the architect’s or the engineer’s plans and specifications, or both, describing the planned building or the planned alterations to the existing building, as the case may be, as well as the plans, where required by regulation of the false work and temporary installations necessary for the execution of the construction;

(3)  Send, within forty-eight hours of the accident, a written notice to the inspector, informing him of any accident whereby any workman has been killed or has suffered serious bodily injury, whereby he has been prevented from working, and stating the place of residence of the person injured or killed, or the place to which he has been removed, so as to enable the inspector to hold the inquiry required by law;

(4)  Keep a register in which shall be entered:

(a)  The names, ages and places of abode of the members of his personnel, and, whenever the place of abode is in a municipality in which houses are numbered, the street and number;

(b)  The time of each day and week during which the members of his personnel were at work and the hour at which they commenced and finished working;

(5)  Afford the inspector every means necessary for facilitating the thorough inspection of the establishment and its dependencies;

(6)  Keep posted up, in the most conspicuous places in the establishment, the notices and provisions of the law and regulations supplied to him by the inspector, and keep them entire and legible until the latter orders them to be altered or removed;

(7)  Furnish the inspector with a certificate from a health officer, that his establishment fulfils the conditions as to health and sanitary conditions required by this act and the regulations made in virtue of the Public Health Act (Revised Statutes of Québec, 1964, chapter 161);

(8)  Furnish the inspector every year with a certificate of inspection of the boilers and other motors in the establishment, as well as of the steam-pipes.

(9)  Submit to the inspector, on demand, the plans of the installations and of the arrangement of the equipment;

(10)  Prepare a programme for the prevention of work accidents and occupational diseases.

R. S. 1964, c. 150, s. 19; 1975, c. 49, s. 11.

DIVISION VI DUTIES OF OWNERS, TENANTS OR OCCUPANTS OF PROPERTY ON WHICH INDUSTRIAL ESTABLISHMENTS ARE BUILT

18. (1)  The owner, tenant and occupant of the property on which the industrial or commercial establishment is built, shall be jointly and severally responsible for the construction and repair of fire-escapes, as well as for the changes made in such industrial establishment.

(2)  The dimensions and form of the fire-escapes, as well as any alterations made therein, shall be approved by the inspector.

R. S. 1964, c. 150, s. 20.

DIVISION VII INSPECTION OF INDUSTRIAL AND COMMERCIAL ESTABLISHMENTS

§ 1 . — Appointment of Inspectors and Sanitary Physicians

19. For the purpose of carrying out this act and the regulations made under its authority, the Government shall appoint inspectors, one of whom shall be chief inspector.

The sanitary condition of industrial and commercial establishments shall be under the control of the Minister of Social Affairs.

One or more sanitary physicians may, on the recommendation of the Minister of Social Affairs, be appointed by the Government, with special authority to supervise, under the direction of the said Minister, the sanitary conditions of industrial and commercial establishments, as well as the execution of the sanitary regulations made by the Government.

R. S. 1964, c. 150, s. 21; 1970, c. 42, s. 17.

20. The Government shall determine the salaries of the inspectors and of the sanitary physicians, in accordance with the provisions of the Civil Service Act (chapter F-3.1) and define their powers and duties which are not formally defined by this act.

R. S. 1964, c. 150, s. 22; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140.

21. Such officers shall be under the general control and direction of the Minister; they shall report to him every year and whenever called upon so to do with respect to the observance of the law.

The sanitary physicians shall also make reports of a similar nature and in the same manner to the Minister of Social Affairs.

R. S. 1964, c. 150, s. 23; 1970, c. 42, s. 17.

§ 2 . — Duties of such Officers

22. On entering into office, the said officers shall take the following oath before the Minister or Deputy-Minister:

I swear that I will faithfully and conscientiously fulfil the duties of my office of (as the case may be), and that I will not in any manner reveal the secrets of manufacture nor generally the processes followed in manufactures which may come to my knowledge in the performance of my duties. So help me God.

R. S. 1964, c. 150, s. 24; 1968, c. 43, s. 17.

§ 3 . — Powers of Officers

23. (1)  The inspectors and sanitary physicians may enter at all reasonable times, by day or night, the industrial and commercial establishments mentioned in section 3.

(2)  They may call for the production of any register, certificate, notice or document prescribed by this act or the regulations, examine the same and take copies thereof or extracts therefrom, and make any suggestions and put any questions which they may consider pertinent; they may, without charge, take samples of materials or articles used by the workers, for analysis, but must then inform the head of the establishment of their action.

(3)  For the purposes of subsections 1 and 2 of this section, they may get a constable to accompany them when they have reason to fear that they will be molested in the execution of their duty.

(4)  They shall have concurrent powers with the authorities charged with the execution of the law and of the regulations respecting safety and health in industrial and commercial establishments, including mines.

(5)  The inspectors may hold inquiries whenever they deem proper, and for such purpose examine any person employed in the establishment, summon witnesses, administer the oath to them, and exercise all the powers which may be necessary to carry out the provisions of this act and of the regulations.

No person examined by the inspector shall, however, be required to answer any questions or give any evidence tending to incriminate himself.

The costs of the inquiry shall be paid by the employers, whenever it is established that they are in default, and shall be recoverable by action brought by the inspector before any court of competent jurisdiction.

(6)  They may be present at inquests held by the coroners and at investigations held by the fire investigation commissioners for the cities of Québec and Montréal, in cases of fire or accident in an industrial or commercial establishment, and examine the witnesses with a view of ascertaining the cause of such fire or accident.

(7)  They may make any suggestions they think advisable to the proper authorities in the interest of health and safety in industrial and commercial establishments.

(8)  The inspector may order work suspended in an establishment where he considers there is an immediate danger of accident; he must at the same time indicate to the head of the establishment the measures to be taken to eliminate the risk of accident.

Work may be resumed only after the inspector has authorized it.

The contestation before the courts of the decision of the inspector to suspend the work shall not suspend the execution of the order.

R. S. 1964, c. 150, s. 25; 1968, c. 16, s. 38; 1975, c. 49, s. 12.

24. Any person who wilfully delays one of such officers in the exercise of the powers conferred on them by section 23, or who fails to comply with an order or summons received, or who conceals or attempts to conceal any member of the personnel to prevent any one of them from appearing and being examined, shall be deemed to obstruct the officer in the performance of his duty, and be liable to the fine or imprisonment enacted by section 30.

R. S. 1964, c. 150, s. 26; 1975, c. 49, s. 13.

DIVISION VIII NOTICES AND SERVICES

25. (1)  All notices required by this act to be given, shall be valid if received by the person for whom they are intended, or if left at his domicile or place of business within the delay fixed herein, irrespective of the mode by which such notice was conveyed.

(2)  All notices, orders, requisitions, summons and documents required or authorized to be served for the purposes of this act, may be served by delivering the same to or at the domicile of the person himself, or by leaving a true copy with a reasonnable person of his family or at the establishment where the person is employed, or by leaving a true copy with one of the employees, or by a prepaid letter sent through the post.

(3)  When such documents are required to be served on an employer, they shall be deemed to be properly addressed, if addressed to him at the establishment in respect of which he is employer, with the addition of the proper postal address, but without naming the employer.

R. S. 1964, c. 150, s. 27.

26. The inspector shall cause to be prepared such notices of the provisions of this act and of the regulations made therunder as he deems necessary to enable the employers and employees in any establishment to become acquainted with their responsibilities and duties.

Such notices shall also give the name and address of the inspector.

R. S. 1964, c. 150, s. 28.

27. The notices to be given by the employers, and the registers they are required to keep under section 17, shall be made and drawn up in the form prescribed by the inspector.

R. S. 1964, c. 150, s. 29.

DIVISION IX OFFENCES AND PENALTIES

28. Whoever keeps an industrial or commercial establishment contrary to the provisions of this act is guilty of an offence and shall be liable, in addition to costs,

(a)  in the case of an individual, to a fine of not less than two hundred dollars nor more than six hundred dollars;

(b)  in the case of a corporation, to a fine of not less than five hundred dollars nor more than two thousand dollars;

(c)  for the first subsequent offence within two years, to a fine the amount of which shall not be less or greater than twice the fines provided for in subparagraph a or b, as the case may be;

(d)  for any other subsequent offence within two years, to a fine the amount of which shall not be less or greater than three times the fines provided for in subparagraph a or b, as the case may be.

R. S. 1964, c. 150, s. 30; 1968, c. 46, s. 11; 1975, c. 49, s. 14.

29. The parents, tutors or guardians of any boy or girl, employed in an industrial or commercial establishment in contravention of this act, shall be guilty of an offence against this act, unless such contravention be without their consent, and without connivance or negligence on their part, and shall, on summary conviction thereof, be liable to a fine of not more than fifty dollars and costs.

R. S. 1964, c. 150, s. 31; 1968, c. 46, s. 12.

30. Whoever hinders or attempts to hinder or in any way impede an inspector or a sanitary physician in the execution of the duties of his office is guilty of an offence and liable, in addition to costs,

(a)  in the case of an individual, to a fine of not less than two hundred dollars nor more than six hundred dollars;

(b)  in the case of a corporation, to a fine of not less than five hundred dollars nor more than two thousand dollars;

(c)  for the first subsequent offence within two years, to a fine the amount of which shall not be less or greater than twice the fines provided for in subparagraph a or b, as the case may be;

(d)  for any other subsequent offence within two years, to a fine the amount of which shall not be less or greater than three times the fines provided for in subparagraph a or b, as the case may be.

R. S. 1964, c. 150, s. 32; 1968, c. 46, s. 13; 1975, c. 49, s. 15.

31. If an establishment be not kept in conformity with the provisions of this act or of the regulations made thereunder, the court, in addition to the penalties to which the employer is liable, may order such employer to comply therewith, within the time named in the order, under penalty of a fine of not more than fifty dollars for each day after the expiration of the period during which the order is not complied with.

The court may, however, upon application, and for valid reasons, extend the delays, either by the same or by a subsequent order.

R. S. 1964, c. 150, s. 33; 1968, c. 46, s. 14.

32. Every person who wilfully makes a false entry in any register or falsifies any document prescribed by this act, or who makes or signs any false declaration, or who makes use of such false entry, document or declaration when he knows that it is false, is guilty of an offence and shall be liable, in addition to costs,

(a)  in the case of an individual, to a fine of not less than two hundred dollars nor more than six hundred dollars;

(b)  in the case of a corporation, to a fine of not less than five hundred dollars nor more than two thousand dollars;

(c)  for the first subsequent offence within two years, to a fine the amount of which shall not be less or greater than twice the fines provided for in subparagraph a or b, as the case may be;

(d)  for any other subsequent offence within two years, to a fine the amount of which shall not be less or greater than three times the fines provided for in subparagraph a or b, as the case may be.

R. S. 1964, c. 150, s. 34; 1968, c. 46, s. 15; 1975, c. 49, s. 16.

33. Every employer who refuses or neglects to keep a register of the persons employed by him in his establishment or to enter their hours of work therein, in accordance with section 17, is guilty of an offence and shall be liable, in addition to costs,

(a)  in the case of an individual, to a fine of not less than two hundred dollars nor more than six hundred dollars;

(b)  in the case of a corporation, to a fine of not less than five hundred dollars nor more than two thousand dollars;

(c)  for the first subsequent offence within two years, to a fine the amount of which shall not be less or greater than twice the fines provided for in subparagraph a or b, as the case may be;

(d)  for any other subsequent offence within two years, to a fine the amount of which shall not be less or greater than three times the amount of the fines provided for in subparagraph a or b, as the case may be.

R. S. 1964, c. 150, s. 35; 1968, c. 46, s. 15; 1975, c. 49, s. 17.

34. Every person who infringes any provision of this act or of a regulation made thereunder is guilty of an offence and shall be liable, if no other penalty is provided for such offence, in addition to costs,

(a)  in the case of an individual, to a fine of not less than one hundred dollars nor more than four hundred dollars;

(b)  in the case of a corporation, to a fine of not less than two hundred dollars nor more than one thousand dollars;

(c)  for any subsequent offence within two years, to a fine the amount of which shall not be less or greater than twice the fines provided for in subparagraph a or b, as the case may be;

(d)  for any other subsequent offence within two years, to a fine the amount of which shall not be less or greater than three times the amount of the fines provided for in subparagraph a or b, as the case may be.

R. S. 1964, c. 150, s. 36; 1968, c. 46, s. 15; 1975, c. 49, s. 18.

35. Notwithstanding the first paragraph of section 41, if the offence contemplated in section 28 or 34, as the case may be, is such as to directly endanger the life or health of the personnel of an industrial or commercial establishment, the offender is liable, on prosecution by the Attorney General or a person designated by him for that purpose, to a fine the amount of which shall not be less or greater than ten times the fines provided for in subparagraph a or b, as the case may be, of section 28 or section 34, whichever applies.

1975, c. 49, s. 19.

36. If any offence be committed against this act or the regulations, for which an employer is legally responsible, and it appear to the satisfaction of the court before whom the same is tried, that the offence has been committed without the personal consent, concurrence or knowledge of such employer, but by some other person, such court may summon such other person to answer for such offence, and such other person shall be liable to the penalty herein provided for such offence, and on due proof shall be convicted thereof, instead of the employer.

R. S. 1964, c. 150, s. 37.

37. (1)  In prosecutions for contraventions to this act or a regulation, proof of guilt of an agent, mandatary or employee of a physical or moral person suffices to establish proof of guilt of the person unless the latter establishes that the offence was committed without his knowledge, without his consent, or despite the steps taken to avoid it.

(2)  Where an offence is committed by a moral person, every director, officer, employee or agent of such corporation who ordered or authorized or consented to the committing of the offence is deemed to have participated in the offence and is liable to the same penalty as that provided for a corporation, whether or not the corporation has been prosecuted or found guilty.

R. S. 1964, c. 150, s. 38; 1975, c. 49, s. 20.

38. When an offence for which an employer is responsible under this act or the regulations, has in fact been committed by some agent, servant, workman or other person, such agent, servant, workman or other person shall be liable to the same fine, penalty and punishment for such offence as if he were the employer.

R. S. 1964, c. 150, s. 39.

39. Except for a subsequent offence within two years and in the cases contemplated in sections 30 and 35, no penal proceedings shall be taken by virtue of this act or the regulations unless the person authorized thereto has mailed prior notice to the offender describing the offence and specifying the minimum fine, the amount of the costs and the place where payment must be made within ten days following the notice.

Payment of the required amount within the delay indicated in the notice shall prevent penal proceedings.

After such payment, the accused must be considered guilty of the offence.

Such payment cannot however be invoked as an admission of civil liability.

Failure to give the notice required by this section cannot be invoked against proceedings for an offence and it is not necessary to allege that it was given, or to adduce proof of it. But, if the accused, at his appearance, admits guilt and then proves that he was not given such notice, he cannot be sentenced to pay a higher amount as a fine than he would have had to pay by virtue of the notice.

1975, c. 49, s. 21.

40. In proceedings by virtue of this act or the regulations, it is not necessary to produce the original of book, register, order or any document in the possession of the Ministère du travail et de la main-d’oeuvre or of the Office de la Construction du Québec, as the case may be. A copy or extract duly certified true by the chief inspector makes proof of the content of the original.

1975, c. 49, s. 21; 1975, c. 51, s. 37; 1977, c. 5, s. 14.

DIVISION X JURISDICTION OF CERTAIN COURTS AND PROCEDURE

41. All prosecutions under this act shall be brought by the inspector or a person designated therefor by the Minister.

Prosecutions under this act shall be brought in conformity with the Summary Convictions Act (chapter P-15) and Part II of that act applies thereto.

R. S. 1964, c. 150, s. 40; 1974, c. 11, s. 40.

42. No penal prosecution under this act may be instituted more than six months after the offence has come to the knowledge of the inspector.

R. S. 1964, c. 150, s. 42.

DIVISION XI APPLICATION OF FINES

43. All fines imposed under this act shall be collected by the inspector or a person designated therefor by the Minister and paid to the Minister of Finance for the uses of Québec.

R. S. 1964, c. 150, s. 43; 1974, c. 11, s. 42.

DIVISION XII REGULATIONS

44. The Government may, by regulations:

(1)  Enact the measures contemplated in section 3 and in paragraph 2 of section 17;

(2)  Classify as dangerous, unhealthy or incommodious, such establishments as it considers dangerous to the health of the operatives, especially the personnel less than eighteen years of age;

(3)  Determine the duties of employers and managers of establishments which are not formally determined in this act;

(4)  Determine the powers and duties, not formally determined by this act, of the officers appointed to see to the carrying out of this act and of the regulations;

(5)  Prescribe all the special precautions which may be necessary in connection with the matters indicated in section 5;

(6)  Determine the minimum conditions to be met by programmes for the prevention of work accidents and occupational diseases required under this act;

(7)  Determine the measures to be taken by the head of an establishment respecting the living conditions of workmen before a worksite is established;

(8)  Determine the obligations to which holders of permits issued by virtue of section 8 are subject, prescribe the form and tenor of applications for permits, the fees payable, the documents that must accompany applications for permits, the information that may be demanded, the places where permits must be posted up and the indications they must exhibit, and the cases in which they may be revoked.

This division shall not, however, affect the right possessed by municipal councils of passing and enforcing by-laws on the subject.

Nor shall anything therein affect the rules and regulations adopted on the same subject by the Government in virtue of the Public Health Act (Revised Statutes of Québec, 1964, chapter 161).

R. S. 1964, c. 150, s. 44; 1968, c. 46, s. 17; 1975, c. 49, s. 22.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 150 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter E-15 of the Revised Statutes.

This act will be replaced upon the coming into force of section 285 of chapter 63 of the statutes of 1979.