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Juridical extension (Articles 2 - 8)

Decree.

2. The Government may order that a collective agreement respecting any trade, industry, commerce or occupation shall also bind all the employees and professional employers in Québec or in a stated region of Québec, within the scope determined in such decree.

R. S. 1964, c. 143, s. 2; 1996, c. 71, s. 2.

Application.

3. Any party to an agreement may apply to the Government for the passing of the decree contemplated in section 2.

R. S. 1964, c. 143, s. 3.

True copy.

4. The application must be addressed to the Minister, accompanied by a true copy of the agreement and, where applicable, by a true copy of the collective agreement on which the agreement in writing is based.

Single decree.

A single decree may be passed upon the receipt of several agreements.

R. S. 1964, c. 143, s. 4; 1968, c. 43, s. 17; 1981, c. 9, s. 34; 1982, c. 53, s. 56;
1994, c. 12, s. 32; 1996, c. 71, s. 3.

Documents

4.1. The Minister may require that the parties to the agreement or their members provide him with any document or information he considers necessary for his assessment of the application.

1996, c. 71, s. 4.

Admissibility.

4.2. The application is admissible if the Minister considers that the provisions of sections 3, 4 and 4.1 are complied with and that the application, upon inspection, meets the criteria set out in sections 6, 9 and 9.1.

Observations.

The Minister may not decide that an application is inadmissible without first informing the applicant of his intention and of the reasons therefor and giving him an opportunity to present observations and, where appropriate, to produce documents to complete the application.

1996, c. 71, s. 4.

Notice.

5. The Minister shall publish in the Gazette officielle du Québec a notice of receipt of the application together with the text of the related draft decree. The notice shall also be published in a French language newspaper and in an English language newspaper.

Costs.

The costs incurred for the publication of the notice in the newspapers and for the translation of the notice and draft decree shall be borne by the applicant.

Objections.

The notice published in the newspapers shall specify that any objection must be filed within 45 days of publication or within a shorter time if the Minister considers that the urgency of the situation so requires. The notice must set out the reason for the shorter time limit.

R. S. 1964, c. 143, s. 5; 1996, c. 71, s. 5.

Decree.

6. At the expiry of the time specified in the notice, the Minister may recommend that the Government issue a decree ordering the extension of the agreement, with such changes as are deemed expedient, if the considers:

  • 1° that the proper field of activity is defined in the application;
  • 2° that the provisions of the agreement:
    • (a) have acquired a preponderant significance and importance for the establishment of conditions of employment;
    • (b) may be extended without any serious inconvenience for enterprises competing with enterprises established outside Québec;
    • (c) do not significantly impair the preservation and development of employment in the defined field of activity; and
    • (d) do not result, where they provide for a classification of operations or for various classes of employees, in unduly burdening the management of the enterprises concerned.

Minister.

For the purposes of subparagraph 1 of the first paragraph, the Minister shall have regard to the nature of the work, the products and services and the characteristics of the market to which the application applies as well as the fields of activity defined as the scope of other decrees.

Conditions.

The Minister shall, where applicable, give proper consideration to the particular conditions prevailing in the various regions of Québec.

R. S. 1964, c. 143, s. 6; 1996, c. 71, s. 6.

Applicability.

6.1. Sections 4 to 6 apply to an application for amendment. The publication and translation costs referred to in section 5 shall, however, be borne by the committee.

Exception.

Sections 4 to 6, except sections 4.1 and 5, do not apply where the amendment applied for is the designation, addition or substitution of a contracting party or the correction of a provision of the decree containing an error in writing or calculation or any other clerical error.

1996, c. 71, s. 7.

Revision.

6.2. Where the Minister considers it necessary upon receiving an application for amendment under the first paragraph of section 6.1, he may revise the provisions of the decree not covered by the application on the basis of the criteria provided for in section 6. He may, for such purpose, require any
information or document he considers necessary.

Recommendation.

After consulting with the contracting parties or the committee, and after publication of a notice as provided for in section 5, the Minister may recommend that the Government issue a decree giving effect to the revised provisions.

1996, c. 71, s. 7.

Minister's decision.

6.3. If the Minister does not recommend the granting of the application by the Government, he shall inform the applicant in writing and specify the reasons for his decision.

1996, c. 71, s. 7.

Coming into force.

7. Notwithstanding section 17 of the Regulations Act (chapter R-18.1), a decree comes into force on the day of its publication in the Gazette officielle du Québec or on any later date fixed therein.

R. S. 1964, c. 143, s. 7; 1996, c. 71, s. 8.

Extension.

8. The Government may, at any time, extend the term of a decree.

Repeal

After consulting with the contracting parties or the committee, and after publication of a notice as provided for in section 5, the Government may repeal a decree or amend a decree in conformity with section 6.

Applicability.

Divisions III and IV of the Regulations Act (chapter R-18.1) do not apply to a decree extending the term of a decree. Such a decree comes into force on the date of its issue and shall be published in the Gazette officielle du Québec.

R. S. 1964, c. 143, s. 8; 1996, c. 71, s. 9.