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Procedure (Articles 43 - 54)

Preference matter.

43. Every suit taken in virtue of this act before the civil courts shall be a matter which must be heard and decided by preference.

R. S. 1964, c. 143, s. 52; 1965 (1st sess.), c. 80, a. 1.

Cumulation.

44. The recourses of several employees against the same professional employer may be cumulated in a single demand whether emanating from the employees or from the committee, and the total claimed shall determine the competency of the court of original jurisdiction as well as of appeal.

R. S. 1964, c. 143, s. 53; 1996, c. 71, s. 33.

Payment to committee.

45. After receiving a claim from the committee, the professional employer cannot validly pay the sums which are the object of such claim, save by handing them over to the committee.

Interest.

The amount owed to the employee bears interest, from the date of the claim, at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31).

R. S. 1964, c. 143, s. 54; 1996, c. 71, s. 34.

Amount remitted to employee.

46. The committee shall remit to the employees the net amount realized in exercising their recourses, after deducting the percentage provided for in subparagraph c of section 22.

Deduction.

At the request of the Minister of Employment and Solidarity, the committee shall also deduct from that amount the amount repayable under section 102 of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001). The committee shall remit the amount thus deducted to the Minister of Employment and Solidarity.

R. S. 1964, c. 143, s. 55; 1988, c. 51, s. 114; 1992, c. 44, s. 81; 1994, c. 12, s. 34; 1997, c. 63, s. 128; 1998, c. 36, s. 179.

Percentage added.

47. The percentage collectable from the professional employer may be added to the amount of the demand formulated by the committee, and must likewise be accorded to the committee when the latter continues suit in place of the employee.

R. S. 1964, c. 143, s. 56; 1996, c. 71, s. 35.

Cancellation of fraudulent contract.

48. The committee may also, if need be, join to its suit a demand for the cancellation of any contract or arrangement, intended to infringe or evade the provisions of this Act or of a decree, effected between the employees whose recourses it is exercising and the professional employer or third persons, and this, before the court having jurisdiction by reason of the amount claimed by the committee and without being obliged to bring the employees into the suit.

R. S. 1964, c. 143, s. 57; 1996, c. 71, s. 36.

Leading questions.

49. Where an employee produced as a witness by a committee is examined, the questions may be leading if such employee is in the employ of the opposite party.

R. S. 1964, c. 143, s. 58; 1965 (1st sess.), c. 80, a. 1.

Report by experts.

50. In the event of contestation of the employee's competency, the classification of operations or the hours of labour in any civil suit involving a decree, the court must, if thereunto requested by the committee-plaintiff, order a report by experts.

R. S. 1964, c. 143, s. 59.

51. [Repealed]

1990, c. 4, s. 379.

Penal proceedings.

52. The committee may, in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings for an offence under a provision of this Act.

Fine.

The fine imposed for such an offence belongs to the committee, when it has taken charge of the proceedings.

R. S. 1964, c. 143, s. 61; 1992, c. 61, s. 257.

53. [Repealed]

1992, c. 61, s. 258.

54. [This section ceased to have effect on 17 April 1987]

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.