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Parity committee: rights, privileges and obligations (Articles 16 - 25)

Committee.

16. The parties to a collective agreement rendered obligatory must form a committee responsible for overseeing and ascertaining compliance with the decree. The committee shall also advise and inform the employees and professional employers of the conditions of employment determined in the decree.

Existing committee.

The Government may, however, order that the observance of a decree be supervised and ensured by an already-existing committee, if the latter consents thereto, or by the Commission des normes du travail.

R. S. 1964, c. 143, s. 16; 1979, c. 45, s. 160; 1996, c. 71, s. 16.

Adding to committee.

17. The Minister may, at any time, upon such conditions and for such term as he deems proper, add to the committee such members, not exceeding four, as are submitted to him in equal number by the employers and employees who are not parties to the agreement.

R. S. 1964, c. 143, s. 17.

Regulations.

18. The committee shall adopt regulations for its formation, the number of its members, their admission, their replacing, the appointing of substitutes and the administration of funds; fix its head office; determine the name under which it shall be designated and, generally, draw up regulations for its internal management and the exercise of the rights conferred upon it by law.

Replacement of members.

Notwithstanding any provision to the contrary relating to the replacing of members of the committee contained in the regulations, any party to the agreement may, after the lapse of one year, replace any member appointed by such party.

R. S. 1964, c. 143, s. 18; 1996, c. 71, s. 18.

Approval of regulations.

19. The regulations contemplated in section 18 shall be transmitted to the Minister and are approved, with or without amendment by the Government; and notice of such approval shall be published in the Gazette officielle du Québec.

Notice.

Such notice shall state the name under which the committee is to be designated and the place where its head office is situated.

Evidence.

Such publication shall be sufficient evidence of the formation and existence of the committee and of the name under which it is to be designated.

Presumption of legality.

The publication of the notice creates an absolute presumption establishing the legality of all the proceedings relating to the formation and existence of the committee.

Amendments.

Every amendment to the committee's regulations must likewise be transmitted to the Minister and shall have effect only after approval by the Government, with or without any change.

R. S. 1964, c. 143, s. 19; 1996, c. 71, s. 19; 1999, c. 40, s. 100.

Regulations.

20. The Government, after consultation with the Conseil consultatif du travail et de la main-d'oeuvre, may make general regulations respecting the regulations which a parity committee may make.

Coming into force.

Such general regulations shall come into force upon the date of their publication in the Gazette officielle du Québec.

Provisions inoperative.

From the date of such publication, every provision contained in a regulation of a parity committee and which is inconsistent with the provisions of such general regulation shall become inoperative.

1969, c. 49, s. 1; 1977, c. 5, s. 14.

Repeal of regulations.

21. The Government, after consultation with the Conseil consultatif du travail et de la main-d'oeuvre, may repeal any regulation in force of a parity committee, or any provision contained in such a regulation; such regulation or, as the case may be, such provision shall cease to be in force from the publication of the notice of repeal in the Gazette officielle du Québec.

1969, c. 49, s. 1; 1977, c. 5, s. 14.

Corporate powers:

22. From and after the publication of the notice contemplated in section 19, the committee is a legal person.

From the mere fact of its formation, it may, as of right:

Exercising employees' recourse;

  • (a) Exercise all recourses arising out of the decree or this Act in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so, notwithstanding any law to the contrary, any opposition, or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, to put him in default, to inform him of the suit, or to allege and prove the absence of suit within such delay of 15 days, or to produce the certificate of competency;

Exercising remedies;

  • (a.1) Exercise against the directors of a legal person all remedies available to and exercisable by employees under this Act or a decree;
  • b) On the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

Percentage;

  • (c) Recover from a professional employer who violates the provisions of any decree relating to wages a sum equal to 20% of the difference between the obligatory wage and that actually paid;

Settlement;

  • (d) Effect any settlement, compromise or transaction deemed expedient in the cases contemplated in the foregoing paragraphs;

General manager, secretary, inspectors and other employees.

  • (e) Appoint a general manager, a secretary, inspectors and other mandataries or employees, and determine their attributions and remuneration. Every person having the administration of the committee's funds must give security in the form of an insurance policy approved beforehand by the Minister.

Inspection;

The general manager, the secretary and any inspector may, as of right and at any reasonable time, enter any worksite or establishment of any employer and examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and any employee the rate of wage, duration of work, apprenticeship system and observance of the other provisions of the decree; require, even under oath and privately, from any employer or employee, even at the place of work, all information deemed necessary, and, such information having been written down, exact the signature of the person concerned;

Identification.

The general manager, the secretary or any inspector shall, on request, identify himself and produce a certificate of his capacity issued by the committee;

Documents;

The general manager, the secretary or any inspector may also require the production of any document referred to in the second paragraph or any document relating to the application of this Act, a decree or a regulation, make a copy thereof and certify it as a true copy of the original. The copy is admissible as proof and has the same probative value as the original;

Posting up;

  • (f) By demand in writing made to any professional employer or artisan, require that a copy sent to him of any provision of the decree, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

Registration system;

  • (g) By regulation, approved by the Government and published in the Gazette officielle du Québec, render obligatory for any professional employer a system of registration for any work which he controls or the keeping of a register in which are shown the name, address and social insurance number of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and ceased each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information deemed useful in the application of the decree;

Monthly report;

  • (h) By a regulation approved by the Government and published in the Gazette officielle du Québec, oblige any professional employer to transmit to it a monthly report giving:
    • (1) the name, address and social insurance number of each employee in his employ, his competency, the nature of his work, the regular and extra hours of labour done each week by the employee, the total number of such hours, his hourly wage rate and his total earnings;
    • (2) the allowances paid to each employee for annual vacations with pay and paid holidays and any other allowance or benefit of a monetary value.

Compulsory form;

The regulation may also render compulsory the use of a form;

Levy;

  • (i) By a regulation approved by the Government and published in the Gazette officielle du Québec, levy upon the professional employer alone or upon both the professional employer and the employee, or upon the employee alone, the sums required for the carrying out of the decree; such levying to be subject to the following conditions:
  • (1) (Subparagraph repealed);

Limitation;

  • (2) Such levy shall not exceed the 1/2% of the employee's remuneration, and the 1/2% of the professional employer's pay-list;

Artisan;

  • (3) The regulation may determine the basis for the calculation of the levy in the case of a workman or artisan who is not serving a professional employer, and determine that the levy shall be collectable from such workman or artisan although demandable only from the professional employer;

Withholding;

  • (4) The professional employer may be required to collect the levy imposed upon the employee by retaining same out of the wages of the latter;

Repeal, amendment;

  • (5) The Government may, at any time, by an order published in the Gazette officielle du Québec, terminate or suspend the levy or reduce or increase the rate thereof;

 

  • (j) (Subparagraph repealed);

Certificate of classification;

  • (k) Render obligatory the certificate of classification for the employees exempted from the certificate of vocational qualification issued under the Manpower Vocational Training and Qualification Act;

Attendance allowance;

  • (l) By regulation approved with or without amendment by the Government, determine the amount of the attendance allowance to which its members are entitled in addition to their actual travelling expenses;

Social security benefits

  • (m) If the decree provides for social security benefits or the administration by the parity committee of a vacation pay fund:
    • (1) collect the requisite contributions;
    • (2) verify the conditions upon which the benefits are payable;
    • (3) pay the benefits.

Administration of the fund;

  • (n) Levy, up to the amount prescribed by the regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, out of the interest from the funds kept in trust for vacation pay, where such is the case, the sums necessary for the administration of the fund;

Use of unclaimed funds

  • (o) Use, for its general administration, up to the amount and subject to the other conditions prescribed by regulation approved with or without amendment by the Government and published in the Gazette officielle du Québec, the unclaimed funds kept in trust until the employee submits his claim. Unclaimed amounts shall, however, if not claimed by the employees within three years following the date as of which the funds are payable, be transferred, after deduction of the amount prescribed by the regulation, to the Public Curator together with a statement of the funds indicating the name and last known address of the employees and the date on which the funds were transferred to the Public Curator; the provisions of the Public Curator Act (chapter C-81) pertaining to unclaimed property shall apply to the funds so transferred to the Public Curator;

Industrial strategies;

  • p) Support, subject to such conditions and to such extent as may be provided in the decree, the development of industrial strategies;

Manpower training;

  • (q) Participate, subject to such conditions and to such extent as may be provided in the decree, in the development of manpower training by drawing up and implementing a training plan subject to accreditation in accordance with section 8 of the Act to foster the development of manpower training (chapter D-7.1);

Subsidies.

  • (r) Use, for the purpose of drawing up and implementing an accredited training plan, the subsidies paid to the committee for such purpose or, by regulation approved with or without amendment by the Government, apply the following modes of financing only:
    • (1) the levy upon the professional employer of an amount not exceeding 1/2% of the employer's total payroll calculated in accordance with section 4 of the Act to foster the development of manpower training; such a regulation does not apply to a professional employer who is exempted under that Act or under the committee regulation;
    • (2) the imposition of fees for the use of services offered within the framework of the training plan, and the determination of exemptions.

Government.

The Government may, at any time, by order published in the Gazette officielle du Québec, terminate or suspend any levy or reduce or increase the rate thereof.

Insurance contract

Any insurance contract to give effect to subparagraph m of the second paragraph must be entered into by the committee as the policyholder and as the beneficiary of any amount paid by the insurer as a dividend, return or premium refund. Any such amount shall be included in the audited financial statements referred to in section 23 and shall be applied to the improvement of the insurance plan.

R. S. 1964, c. 143, s. 20 (part); 1968, c. 45, s. 61; 1969, c. 51, s. 60; 1978, c. 7, s. 87; 1984, c. 45, s. 15; 1986, c. 95, s. 128; 1996, c. 71, s. 20; 1997, c. 80, s. 62.

Budgetary estimates.

23. The committee shall transmit to the Minister its annual budgetary estimates and its audited financial statements, a copy of the statement of an independent auditor, a status report concerning each of the funds it administers, any document pertaining to a transfer of funds and an annual report.

Form.

The form of the documents shall be determined by the Minister.

Group insurance contract.

The committee shall also transmit a copy of any applicable group insurance contract and policy and pension plan.

Access.

The committee shall keep copies of all such documents and give access to them on request during regular office hours.

R. S. 1964, c. 143, s. 21; 1984, c. 45, s. 16; 1996, c. 71, s. 21.

Information.

23.1. The Minister may require any member, officer, mandatary or employee of the committee to provide him with any information or document pertaining to the carrying out of this Act.

Time limit.

The person required to provide the information or documents shall comply within the specified time.

1996, c. 71, s. 21.

Complaints.

24. The committee shall hear and consider any written complaint from a professional employer or from an employee respecting the carrying out of the decree.

Disclosure of identity.

The committee shall not disclose the identity of the employee concerned, unless he consents to it.

R. S. 1964, c. 143, s. 22; 1996, c. 71, s. 22.

Continued committee.

25. After a decree has ceased to be in force, the committee shall continue to exist and shall retain its powers for the accomplishing of the objects for which it was formed.

R. S. 1964, c. 143, s. 23.