R-12.1 - Act respecting the Pension Plan of Management Personnel

Schedule Disposition versions

2020-12-11

SCHEDULE I

(Section 1)

DIVISION I

NON-UNIONIZABLE EMPLOYMENT

The following are considered non-unionizable employments:

1. In the public and parapublic sectors, the positions held by management or non-management personnel determined according to the classification plans established by the authorities designated for each of the public and parapublic sectors, if the positions are provided for in the relevant organization plan of an employer that is approved by the designated authority, and if they are confirmed in accordance with Division II.

In addition, the positions held by management or non-management personnel in the sector referred to in paragraph 2 of section 11 must be recognized in the conditions of employment established by the designated authority.

2. In the departments and bodies referred to in paragraph 1 of section 11, the following employment, if it is part of the authorized staffing level for regular positions, and if it is confirmed in accordance with Division II:

(1) human resource management consultant;

(2) criminal and penal prosecuting attorney;

(3) mediator and conciliator; and

(4) (subparagraph repealed).

3. The following employment, in the government bodies referred to in section 37 of the Public Administration Act (chapter A-6.01) or in the bodies in which, under the law, the conditions of employment or the standards and scales of remuneration of the members of its personnel are determined by the Government, if the employment is confirmed in accordance with Division II:

(1) positions similar to positions of management personnel appointed under the Public Service Act (chapter F-3.1.1) that are referred to in the first paragraph of section 1;

(2) (subparagraph repealed);

(3) human resource management consultants, if the employment is subject to the conditions of employment of management personnel within the body and if the position is provided for in the relevant organization plan; and

(4) member of a specialized police force who is referred to in subparagraph c of paragraph 1 of section 8.4 of the Anti-Corruption Act (chapter L-6.1), except a member acting as such under the second paragraph of section 14 of that Act, or who is referred to in any of subparagraphs 2.1 to 3 of the second paragraph of section 289.5 of the Police Act (chapter P-13.1).

4. For members of the staff of the Lieutenant-Governor, of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the position of assistant executive secretary where the conditions of employment provide that the latter benefits from the conditions of employment of senior management officers appointed under the Public Service Act, if the positions are confirmed in accordance with Division II.

5. In private institutions and for all other employers party to the plan, positions similar to positions of management or non-management personnel in the public and parapublic sectors, in relation to their respective sectors, that are referred to in the first paragraph of section 1 and paragraph 1 of section 2, if they are confirmed in accordance with Division II.

6. Any employment not referred to in sections 1 to 3 that is similar to the employment referred to in section 1 and is held by a person who belongs to a class of employees designated pursuant to section 23 of the Act.

7. Employment held by persons appointed by the Government if their conditions of employment provide that the plan applies to them.

7.1. The employment of vice-chairman of the Société de l’assurance automobile du Québec.

DIVISION II

CONFIRMATION OF NON-UNIONIZABLE EMPLOYMENT

8. The Secretariat of the Conseil du trésor confirms the non-unionizable classification of

(1) employment held in the departments and bodies referred to in paragraph 1 of section 11; and

(2) employment referred to in sections 3, 4, and 5 if, in the latter case, it is held with a labour union or association representing the management personnel.

9. The Ministère de l’Éducation, du Loisir et du Sport or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 2 of section 11; and

(2) employment held in institutions or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology.

10. The Ministère de la Santé et des Services sociaux confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 3 of section 11; and

(2) employment held in establishments or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Health and Social Services.

DIVISION III

PUBLIC AND PARAPUBLIC SECTORS

11. For the purposes of this Schedule, the public and parapublic sectors are

(1) departments and bodies whose personnel is appointed under the Public Service Act;

(2) school boards within the meaning of the Education Act (chapter I-13.3) or within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or colleges within the meaning of the General and Vocational Colleges Act (chapter C-29); and

(3) agencies and public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), health and social services agencies, and public institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

12. This Schedule has effect from 1 July 2002.

2001, c. 31, Schedule I; T.B. 199279 of 21.01.2003, (2003) 135 G.O. 2, 883; 2004, c. 39, s. 273; 2005, c. 28, s. 195; 2005, c. 32, s. 308; 2005, c. 34, s. 75; 2007, c. 43, s. 163; 2011, c. 16, s. 252; 2013, c. 28, s. 203; 2020, c. 31, s. 27.

2014-01-05

SCHEDULE I

(Section 1)

DIVISION I

NON-UNIONIZABLE EMPLOYMENT

The following are considered non-unionizable employments:

1. In the public and parapublic sectors, the positions held by management or non-management personnel determined according to the classification plans established by the authorities designated for each of the public and parapublic sectors, if the positions are provided for in the relevant organization plan of an employer that is approved by the designated authority, and if they are confirmed in accordance with Division II.

In addition, the positions held by management or non-management personnel in the sector referred to in paragraph 2 of section 11 must be recognized in the conditions of employment established by the designated authority.

2. In the departments and bodies referred to in paragraph 1 of section 11, the following employment, if it is part of the authorized staffing level for regular positions, and if it is confirmed in accordance with Division II:

(1) human resource management consultant;

(2) criminal and penal prosecuting attorney;

(3) mediator and conciliator; and

(4) (subparagraph repealed).

3. The following employment, in the government bodies referred to in section 37 of the Public Administration Act (chapter A-6.01) or in the bodies in which, under the law, the conditions of employment or the standards and scales of remuneration of the members of its personnel are determined by the Government, if the employment is confirmed in accordance with Division II:

(1) positions similar to positions of management personnel appointed under the Public Service Act (chapter F-3.1.1) that are referred to in the first paragraph of section 1; and

(2) (subparagraph repealed);

(3) human resource management consultants, if the employment is subject to the conditions of employment of management personnel within the body and if the position is provided for in the relevant organization plan.

4. For members of the staff of the Lieutenant-Governor, of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the position of assistant executive secretary where the conditions of employment provide that the latter benefits from the conditions of employment of senior management officers appointed under the Public Service Act, if the positions are confirmed in accordance with Division II.

5. In private institutions and for all other employers party to the plan, positions similar to positions of management or non-management personnel in the public and parapublic sectors, in relation to their respective sectors, that are referred to in the first paragraph of section 1 and paragraph 1 of section 2, if they are confirmed in accordance with Division II.

6. Any employment not referred to in sections 1 to 3 that is similar to the employment referred to in section 1 and is held by a person who belongs to a class of employees designated pursuant to section 23 of the Act.

7. Employment held by persons appointed by the Government if their conditions of employment provide that the plan applies to them.

7.1. The employment of vice-chairman of the Société de l’assurance automobile du Québec.

DIVISION II

CONFIRMATION OF NON-UNIONIZABLE EMPLOYMENT

8. The Secretariat of the Conseil du trésor confirms the non-unionizable classification of

(1) employment held in the departments and bodies referred to in paragraph 1 of section 11; and

(2) employment referred to in sections 3, 4, and 5 if, in the latter case, it is held with a labour union or association representing the management personnel.

9. The Ministère de l’Éducation, du Loisir et du Sport or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 2 of section 11; and

(2) employment held in institutions or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology.

10. The Ministère de la Santé et des Services sociaux confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 3 of section 11; and

(2) employment held in establishments or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Health and Social Services.

DIVISION III

PUBLIC AND PARAPUBLIC SECTORS

11. For the purposes of this Schedule, the public and parapublic sectors are

(1) departments and bodies whose personnel is appointed under the Public Service Act;

(2) school boards within the meaning of the Education Act (chapter I-13.3) or within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or colleges within the meaning of the General and Vocational Colleges Act (chapter C-29); and

(3) agencies and public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), health and social services agencies, and public institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

12. This Schedule has effect from 1 July 2002.

2001, c. 31, Schedule I; T.B. 199279 of 21.01.2003, (2003) 135 G.O. 2, 883; 2004, c. 39, s. 273; 2005, c. 28, s. 195; 2005, c. 32, s. 308; 2005, c. 34, s. 75; 2007, c. 43, s. 163; 2011, c. 16, s. 252; 2013, c. 28, s. 203.

2011-10-01

SCHEDULE I

(Section 1)

DIVISION I

NON-UNIONIZABLE EMPLOYMENT

The following are considered non-unionizable employments:

1. In the public and parapublic sectors, the positions held by management or non-management personnel determined according to the classification plans established by the authorities designated for each of the public and parapublic sectors, if the positions are provided for in the relevant organization plan of an employer that is approved by the designated authority, and if they are confirmed in accordance with Division II.

In addition, the positions held by management or non-management personnel in the sector referred to in paragraph 2 of section 11 must be recognized in the conditions of employment established by the designated authority.

2. In the departments and bodies referred to in paragraph 1 of section 11, the following employment, if it is part of the authorized staffing level for regular positions, and if it is confirmed in accordance with Division II:

(1) human resource management consultant;

(2) criminal and penal prosecuting attorney;

(3) mediator and conciliator; and

(4) (subparagraph repealed).

3. The following employment, in the government bodies referred to in section 37 of the Public Administration Act (chapter A-6.01) or in the bodies in which, under the law, the conditions of employment or the standards and scales of remuneration of the members of its personnel are determined by the Government, if the employment is confirmed in accordance with Division II:

(1) positions similar to positions of management personnel appointed under the Public Service Act (chapter F-3.1.1) that are referred to in the first paragraph of section 1; and

(2) (subparagraph repealed);

(3) human resource management consultants, if the employment is subject to the conditions of employment of management personnel within the body and if the position is provided for in the relevant organization plan.

4. For members of the staff of the Lieutenant-Governor, of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the position of assistant executive secretary where the conditions of employment provide that the latter benefits from the conditions of employment of senior management officers appointed under the Public Service Act, if the positions are confirmed in accordance with Division II.

5. In private institutions and for all other employers party to the plan, positions similar to positions of management or non-management personnel in the public and parapublic sectors, in relation to their respective sectors, that are referred to in the first paragraph of section 1 and paragraph 1 of section 2, if they are confirmed in accordance with Division II.

6. Any employment not referred to in sections 1 to 3 that is similar to the employment referred to in section 1 and is held by a person who belongs to a class of employees designated pursuant to section 23 of the Act.

7. Employment held by persons appointed by the Government if their conditions of employment provide that the plan applies to them.

7.1. The employment of vice-chairman of the Société de l’assurance automobile du Québec.

DIVISION II

CONFIRMATION OF NON-UNIONIZABLE EMPLOYMENT

8. The Secretariat of the Conseil du trésor confirms the non-unionizable classification of

(1) employment held in the departments and bodies referred to in paragraph 1 of section 11; and

(2) employment referred to in sections 3, 4, and 5 if, in the latter case, it is held with a labour union or association representing the management personnel.

9. The Ministère de l’Éducation, du Loisir et du Sport confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 2 of section 11; and

(2) employment held in institutions or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Education, Recreation and Sports.

10. The Ministère de la Santé et des Services sociaux confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 3 of section 11; and

(2) employment held in establishments or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Health and Social Services.

DIVISION III

PUBLIC AND PARAPUBLIC SECTORS

11. For the purposes of this Schedule, the public and parapublic sectors are

(1) departments and bodies whose personnel is appointed under the Public Service Act;

(2) school boards within the meaning of the Education Act (chapter I-13.3) or within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or colleges within the meaning of the General and Vocational Colleges Act (chapter C-29); and

(3) agencies and public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), health and social services agencies, and public institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

12. This Schedule has effect from 1 July 2002.

2001, c. 31, Schedule I; T.B. 199279 of 21.01.2003, (2003) 135 G.O. 2, 883; 2004, c. 39, s. 273; 2005, c. 28, s. 195; 2005, c. 32, s. 308; 2005, c. 34, s. 75; 2007, c. 43, s. 163; 2011, c. 16, s. 252.

2007-12-21

SCHEDULE I

(Section 1)

DIVISION I

NON-UNIONIZABLE EMPLOYMENT

The following are considered non-unionizable employments:

1. In the public and parapublic sectors, the positions held by management or non-management personnel determined according to the classification plans established by the authorities designated for each of the public and parapublic sectors, if the positions are provided for in the relevant organization plan of an employer that is approved by the designated authority, and if they are confirmed in accordance with Division II.

In addition, the positions held by management or non-management personnel in the sector referred to in paragraph 2 of section 11 must be recognized in the conditions of employment established by the designated authority.

2. In the departments and bodies referred to in paragraph 1 of section 11, the following employment, if it is part of the authorized staffing level for regular positions, and if it is confirmed in accordance with Division II:

(1) human resource management consultant;

(2) criminal and penal prosecuting attorney;

(3) mediator and conciliator; and

(4) (subparagraph repealed).

3. The following employment, in the government bodies referred to in section 37 of the Public Administration Act (chapter A-6.01) or in the bodies in which, under the law, the conditions of employment or the standards and scales of remuneration of the members of its personnel are determined by the Government, if the employment is confirmed in accordance with Division II:

(1) positions similar to positions of management personnel appointed under the Public Service Act (chapter F-3.1.1) that are referred to in the first paragraph of section 1;

(2) mediators of the Conseil des services essentiels if the position is provided for in the relevant organization plan; and

(3) human resource management consultants, if the employment is subject to the conditions of employment of management personnel within the body and if the position is provided for in the relevant organization plan.

4. For members of the staff of the Lieutenant-Governor, of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the position of assistant executive secretary where the conditions of employment provide that the latter benefits from the conditions of employment of senior management officers appointed under the Public Service Act, if the positions are confirmed in accordance with Division II.

5. In private institutions and for all other employers party to the plan, positions similar to positions of management or non-management personnel in the public and parapublic sectors, in relation to their respective sectors, that are referred to in the first paragraph of section 1 and paragraph 1 of section 2, if they are confirmed in accordance with Division II.

6. Any employment not referred to in sections 1 to 3 that is similar to the employment referred to in section 1 and is held by a person who belongs to a class of employees designated pursuant to section 23 of the Act.

7. Employment held by persons appointed by the Government if their conditions of employment provide that the plan applies to them.

7.1. The employment of vice-chairman of the Société de l’assurance automobile du Québec.

DIVISION II

CONFIRMATION OF NON-UNIONIZABLE EMPLOYMENT

8. The Secretariat of the Conseil du trésor confirms the non-unionizable classification of

(1) employment held in the departments and bodies referred to in paragraph 1 of section 11; and

(2) employment referred to in sections 3, 4, and 5 if, in the latter case, it is held with a labour union or association representing the management personnel.

9. The Ministère de l’Éducation, du Loisir et du Sport confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 2 of section 11; and

(2) employment held in institutions or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Education, Recreation and Sports.

10. The Ministère de la Santé et des Services sociaux confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 3 of section 11; and

(2) employment held in establishments or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Health and Social Services.

DIVISION III

PUBLIC AND PARAPUBLIC SECTORS

11. For the purposes of this Schedule, the public and parapublic sectors are

(1) departments and bodies whose personnel is appointed under the Public Service Act;

(2) school boards within the meaning of the Education Act (chapter I-13.3) or within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or colleges within the meaning of the General and Vocational Colleges Act (chapter C-29); and

(3) agencies and public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), health and social services agencies, and public institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

12. This Schedule has effect from 1 July 2002.

2001, c. 31, Schedule I; T.B. 199279 of 21.01.2003, (2003) 135 G.O. 2, 883; 2004, c. 39, s. 273; 2005, c. 28, s. 195; 2005, c. 32, s. 308; 2005, c. 34, s. 75; 2007, c. 43, s. 163.

2007-03-15

SCHEDULE I

(Section 1)

DIVISION I

NON-UNIONIZABLE EMPLOYMENT

The following are considered non-unionizable employments:

1. In the public and parapublic sectors, the positions held by management or non-management personnel determined according to the classification plans established by the authorities designated for each of the public and parapublic sectors, if the positions are provided for in the relevant organization plan of an employer that is approved by the designated authority, and if they are confirmed in accordance with Division II.

In addition, the positions held by management or non-management personnel in the sector referred to in paragraph 2 of section 11 must be recognized in the conditions of employment established by the designated authority.

2. In the departments and bodies referred to in paragraph 1 of section 11, the following employment, if it is part of the authorized staffing level for regular positions, and if it is confirmed in accordance with Division II:

(1) human resource management consultant;

(2) criminal and penal prosecuting attorney;

(3) mediator and conciliator; and

(4) labour commissioner.

3. The following employment, in the government bodies referred to in section 37 of the Public Administration Act (chapter A-6.01) or in the bodies in which, under the law, the conditions of employment or the standards and scales of remuneration of the members of its personnel are determined by the Government, if the employment is confirmed in accordance with Division II:

(1) positions similar to positions of management personnel appointed under the Public Service Act (chapter F-3.1.1) that are referred to in the first paragraph of section 1;

(2) mediators of the Conseil des services essentiels if the position is provided for in the relevant organization plan; and

(3) human resource management consultants, if the employment is subject to the conditions of employment of management personnel within the body and if the position is provided for in the relevant organization plan.

4. For members of the staff of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the position of assistant executive secretary where the conditions of employment provide that the latter benefits from the conditions of employment of senior management officers appointed under the Public Service Act, if the positions are confirmed in accordance with Division II.

5. In private institutions and for all other employers party to the plan, positions similar to positions of management or non-management personnel in the public and parapublic sectors, in relation to their respective sectors, that are referred to in the first paragraph of section 1 and paragraph 1 of section 2, if they are confirmed in accordance with Division II.

6. Any employment not referred to in sections 1 to 3 that is similar to the employment referred to in section 1 and is held by a person who belongs to a class of employees designated pursuant to section 23 of the Act.

7. Employment held by persons appointed by the Government if their conditions of employment provide that the plan applies to them.

DIVISION II

CONFIRMATION OF NON-UNIONIZABLE EMPLOYMENT

8. The Secretariat of the Conseil du trésor confirms the non-unionizable classification of

(1) employment held in the departments and bodies referred to in paragraph 1 of section 11; and

(2) employment referred to in sections 3, 4, and 5 if, in the latter case, it is held with a labour union or association representing the management personnel.

9. The Ministère de l’Éducation, du Loisir et du Sport confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 2 of section 11; and

(2) employment held in institutions or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Education, Recreation and Sports.

10. The Ministère de la Santé et des Services sociaux confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 3 of section 11; and

(2) employment held in establishments or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Health and Social Services.

DIVISION III

PUBLIC AND PARAPUBLIC SECTORS

11. For the purposes of this Schedule, the public and parapublic sectors are

(1) departments and bodies whose personnel is appointed under the Public Service Act;

(2) school boards within the meaning of the Education Act (chapter I-13.3) or within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or colleges within the meaning of the General and Vocational Colleges Act (chapter C-29); and

(3) agencies and public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), health and social services agencies, and public institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

12. This Schedule has effect from 1 July 2002.

2001, c. 31, Schedule I; T.B. 199279 of 21.01.2003, (2003) 135 G.O. 2, 883; 2004, c. 39, s. 273; 2005, c. 28, s. 195; 2005, c. 32, s. 308; 2005, c. 34, s. 75.

2006-01-01

SCHEDULE I

(Section 1)

DIVISION I

NON-UNIONIZABLE EMPLOYMENT

The following are considered non-unionizable employments:

1. In the public and parapublic sectors, the positions held by management or non-management personnel determined according to the classification plans established by the authorities designated for each of the public and parapublic sectors, if the positions are provided for in the relevant organization plan of an employer that is approved by the designated authority, and if they are confirmed in accordance with Division II.

In addition, the positions held by management or non-management personnel in the sector referred to in paragraph 2 of section 11 must be recognized in the conditions of employment established by the designated authority.

2. In the departments and bodies referred to in paragraph 1 of section 11, the following employment, if it is part of the authorized staffing level for regular positions, and if it is confirmed in accordance with Division II:

(1) human resource management consultant;

(2) Attorney General’s prosecutor;

(3) mediator and conciliator; and

(4) labour commissioner.

3. The following employment, in the government bodies referred to in section 37 of the Public Administration Act (chapter A-6.01) or in the bodies in which, under the law, the conditions of employment or the standards and scales of remuneration of the members of its personnel are determined by the Government, if the employment is confirmed in accordance with Division II:

(1) positions similar to positions of management personnel appointed under the Public Service Act (chapter F-3.1.1) that are referred to in the first paragraph of section 1;

(2) mediators of the Conseil des services essentiels if the position is provided for in the relevant organization plan; and

(3) human resource management consultants, if the employment is subject to the conditions of employment of management personnel within the body and if the position is provided for in the relevant organization plan.

4. For members of the staff of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the position of assistant executive secretary where the conditions of employment provide that the latter benefits from the conditions of employment of senior management officers appointed under the Public Service Act, if the positions are confirmed in accordance with Division II.

5. In private institutions and for all other employers party to the plan, positions similar to positions of management or non-management personnel in the public and parapublic sectors, in relation to their respective sectors, that are referred to in the first paragraph of section 1 and paragraph 1 of section 2, if they are confirmed in accordance with Division II.

6. Any employment not referred to in sections 1 to 3 that is similar to the employment referred to in section 1 and is held by a person who belongs to a class of employees designated pursuant to section 23 of the Act.

7. Employment held by persons appointed by the Government if their conditions of employment provide that the plan applies to them.

DIVISION II

CONFIRMATION OF NON-UNIONIZABLE EMPLOYMENT

8. The Secretariat of the Conseil du trésor confirms the non-unionizable classification of

(1) employment held in the departments and bodies referred to in paragraph 1 of section 11; and

(2) employment referred to in sections 3, 4, and 5 if, in the latter case, it is held with a labour union or association representing the management personnel.

9. The Ministère de l’Éducation, du Loisir et du Sport confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 2 of section 11; and

(2) employment held in institutions or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Education, Recreation and Sports.

10. The Ministère de la Santé et des Services sociaux confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 3 of section 11; and

(2) employment held in establishments or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Health and Social Services.

DIVISION III

PUBLIC AND PARAPUBLIC SECTORS

11. For the purposes of this Schedule, the public and parapublic sectors are

(1) departments and bodies whose personnel is appointed under the Public Service Act;

(2) school boards within the meaning of the Education Act (chapter I-13.3) or within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or colleges within the meaning of the General and Vocational Colleges Act (chapter C-29); and

(3) agencies and public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), health and social services agencies, and public institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

12. This Schedule has effect from 1 July 2002.

2001, c. 31, Schedule I; T.B. 199279 of 21.01.2003, (2003) 135 G.O. 2, 883; 2004, c. 39, s. 273; 2005, c. 28, s. 195; 2005, c. 32, s. 308.

2005-06-17

SCHEDULE I

(Section 1)

DIVISION I

NON-UNIONIZABLE EMPLOYMENT

The following are considered non-unionizable employments:

1. In the public and parapublic sectors, the positions held by management or non-management personnel determined according to the classification plans established by the authorities designated for each of the public and parapublic sectors, if the positions are provided for in the relevant organization plan of an employer that is approved by the designated authority, and if they are confirmed in accordance with Division II.

In addition, the positions held by management or non-management personnel in the sector referred to in paragraph 2 of section 11 must be recognized in the conditions of employment established by the designated authority.

2. In the departments and bodies referred to in paragraph 1 of section 11, the following employment, if it is part of the authorized staffing level for regular positions, and if it is confirmed in accordance with Division II:

(1) human resource management consultant;

(2) Attorney General’s prosecutor;

(3) mediator and conciliator; and

(4) labour commissioner.

3. The following employment, in the government bodies referred to in section 37 of the Public Administration Act (chapter A-6.01) or in the bodies in which, under the law, the conditions of employment or the standards and scales of remuneration of the members of its personnel are determined by the Government, if the employment is confirmed in accordance with Division II:

(1) positions similar to positions of management personnel appointed under the Public Service Act (chapter F-3.1.1) that are referred to in the first paragraph of section 1;

(2) mediators of the Conseil des services essentiels if the position is provided for in the relevant organization plan; and

(3) human resource management consultants, if the employment is subject to the conditions of employment of management personnel within the body and if the position is provided for in the relevant organization plan.

4. For members of the staff of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the position of assistant executive secretary where the conditions of employment provide that the latter benefits from the conditions of employment of senior management officers appointed under the Public Service Act, if the positions are confirmed in accordance with Division II.

5. In private institutions and for all other employers party to the plan, positions similar to positions of management or non-management personnel in the public and parapublic sectors, in relation to their respective sectors, that are referred to in the first paragraph of section 1 and paragraph 1 of section 2, if they are confirmed in accordance with Division II.

6. Any employment not referred to in sections 1 to 3 that is similar to the employment referred to in section 1 and is held by a person who belongs to a class of employees designated pursuant to section 23 of the Act.

7. Employment held by persons appointed by the Government if their conditions of employment provide that the plan applies to them.

DIVISION II

CONFIRMATION OF NON-UNIONIZABLE EMPLOYMENT

8. The Secretariat of the Conseil du trésor confirms the non-unionizable classification of

(1) employment held in the departments and bodies referred to in paragraph 1 of section 11; and

(2) employment referred to in sections 3, 4, and 5 if, in the latter case, it is held with a labour union or association representing the management personnel.

9. The Ministère de l’Éducation, du Loisir et du Sport confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 2 of section 11; and

(2) employment held in institutions or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Education, Recreation and Sports.

10. The Ministère de la Santé et des Services sociaux confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 3 of section 11; and

(2) employment held in establishments or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Health and Social Services.

DIVISION III

PUBLIC AND PARAPUBLIC SECTORS

11. For the purposes of this Schedule, the public and parapublic sectors are

(1) departments and bodies whose personnel is appointed under the Public Service Act;

(2) school boards within the meaning of the Education Act (chapter I-13.3) or within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or colleges within the meaning of the General and Vocational Colleges Act (chapter C-29); and

(3) regional boards and public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), health and social services boards, and public institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

12. This Schedule has effect from 1 July 2002.

2001, c. 31, Schedule I; T.B. 199279 of 21.01.2003, (2003) 135 G.O. 2, 883; 2004, c. 39, s. 273; 2005, c. 28, s. 195.

2005-01-01

SCHEDULE I

(Section 1)

DIVISION I

NON-UNIONIZABLE EMPLOYMENT

The following are considered non-unionizable employments:

1. In the public and parapublic sectors, the positions held by management or non-management personnel determined according to the classification plans established by the authorities designated for each of the public and parapublic sectors, if the positions are provided for in the relevant organization plan of an employer that is approved by the designated authority, and if they are confirmed in accordance with Division II.

In addition, the positions held by management or non-management personnel in the sector referred to in paragraph 2 of section 11 must be recognized in the conditions of employment established by the designated authority.

2. In the departments and bodies referred to in paragraph 1 of section 11, the following employment, if it is part of the authorized staffing level for regular positions, and if it is confirmed in accordance with Division II:

(1) human resource management consultant;

(2) Attorney General’s prosecutor;

(3) mediator and conciliator; and

(4) labour commissioner.

3. The following employment, in the government bodies referred to in section 37 of the Public Administration Act (chapter A-6.01) or in the bodies in which, under the law, the conditions of employment or the standards and scales of remuneration of the members of its personnel are determined by the Government, if the employment is confirmed in accordance with Division II:

(1) positions similar to positions of management personnel appointed under the Public Service Act (chapter F-3.1.1) that are referred to in the first paragraph of section 1;

(2) mediators of the Conseil des services essentiels if the position is provided for in the relevant organization plan; and

(3) human resource management consultants, if the employment is subject to the conditions of employment of management personnel within the body and if the position is provided for in the relevant organization plan.

4. For members of the staff of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the position of assistant executive secretary where the conditions of employment provide that the latter benefits from the conditions of employment of senior management officers appointed under the Public Service Act, if the positions are confirmed in accordance with Division II.

5. In private institutions and for all other employers party to the plan, positions similar to positions of management or non-management personnel in the public and parapublic sectors, in relation to their respective sectors, that are referred to in the first paragraph of section 1 and paragraph 1 of section 2, if they are confirmed in accordance with Division II.

6. Any employment not referred to in sections 1 to 3 that is similar to the employment referred to in section 1 and is held by a person who belongs to a class of employees designated pursuant to section 23 of the Act.

7. Employment held by persons appointed by the Government if their conditions of employment provide that the plan applies to them.

DIVISION II

CONFIRMATION OF NON-UNIONIZABLE EMPLOYMENT

8. The Secretariat of the Conseil du trésor confirms the non-unionizable classification of

(1) employment held in the departments and bodies referred to in paragraph 1 of section 11; and

(2) employment referred to in sections 3, 4, and 5 if, in the latter case, it is held with a labour union or association representing the management personnel.

9. The Ministère de l’Éducation confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 2 of section 11; and

(2) employment held in institutions or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Education.

10. The Ministère de la Santé et des Services sociaux confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 3 of section 11; and

(2) employment held in establishments or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Health and Social Services.

DIVISION III

PUBLIC AND PARAPUBLIC SECTORS

11. For the purposes of this Schedule, the public and parapublic sectors are

(1) departments and bodies whose personnel is appointed under the Public Service Act;

(2) school boards within the meaning of the Education Act (chapter I-13.3) or within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or colleges within the meaning of the General and Vocational Colleges Act (chapter C-29); and

(3) regional boards and public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), health and social services boards, and public institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

12. This Schedule has effect from 1 July 2002.

2001, c. 31, Schedule I; T.B. 199279 of 21.01.2003, (2003) 135 G.O. 2, 883; 2004, c. 39, s. 273.

2003-01-21

SCHEDULE I

(Section 1)

DIVISION I

NON-UNIONIZABLE EMPLOYMENT

1. In the public and parapublic sectors, the positions held by management or non-management personnel determined according to the classification plans established by the authorities designated for each of the public and parapublic sectors, if the positions are provided for in the relevant organization plan of an employer that is approved by the designated authority, and if they are confirmed in accordance with Division II.

In addition, the positions held by management or non-management personnel in the sector referred to in paragraph 2 of section 11 must be recognized in the conditions of employment established by the designated authority.

2. In the departments and bodies referred to in paragraph 1 of section 11, the following employment, if it is part of the authorized staffing level for regular positions, and if it is confirmed in accordance with Division II:

(1) human resource management consultant;

(2) Attorney General’s prosecutor;

(3) mediator and conciliator; and

(4) labour commissioner.

3. The following employment, in the government bodies referred to in section 37 of the Public Administration Act (chapter A-6.01) or in the bodies in which, under the law, the conditions of employment or the standards and scales of remuneration of the members of its personnel are determined by the Government, if the employment is confirmed in accordance with Division II:

(1) positions similar to positions of management personnel appointed under the Public Service Act (chapter F-3.1.1) that are referred to in the first paragraph of section 1;

(2) mediators of the Conseil des services essentiels if the position is provided for in the relevant organization plan; and

(3) human resource management consultants, if the employment is subject to the conditions of employment of management personnel within the body and if the position is provided for in the relevant organization plan.

4. For members of the staff of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the position of assistant executive secretary where the conditions of employment provide that the latter benefits from the conditions of employment of senior management officers appointed under the Public Service Act, if the positions are confirmed in accordance with Division II.

5. In private institutions and for all other employers party to the plan, positions similar to positions of management or non-management personnel in the public and parapublic sectors, in relation to their respective sectors, that are referred to in the first paragraph of section 1 and paragraph 1 of section 2, if they are confirmed in accordance with Division II.

6. Any employment not referred to in sections 1 to 3 that is similar to the employment referred to in section 1 and is held by a person who belongs to a class of employees designated pursuant to section 23 of the Act.

7. Employment held by persons appointed by the Government if their conditions of employment provide that the plan applies to them.

DIVISION II

CONFIRMATION OF NON-UNIONIZABLE EMPLOYMENT

8. The Secretariat of the Conseil du trésor confirms the non-unionizable classification of

(1) employment held in the departments and bodies referred to in paragraph 1 of section 11; and

(2) employment referred to in sections 3, 4, and 5 if, in the latter case, it is held with a labour union or association representing the management personnel.

9. The Ministère de l’Éducation confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 2 of section 11; and

(2) employment held in institutions or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Education.

10. The Ministère de la Santé et des Services sociaux confirms the non-unionizable classification of

(1) employment held with employers referred to in paragraph 3 of section 11; and

(2) employment held in establishments or with employers referred to in section 5, except those referred to in section 8, whose activities fall within the jurisdiction of the Minister of Health and Social Services.

DIVISION III

PUBLIC AND PARAPUBLIC SECTORS

11. For the purposes of this Schedule, the public and parapublic sectors are

(1) departments and bodies whose personnel is appointed under the Public Service Act;

(2) school boards within the meaning of the Education Act (chapter I-13.3) or within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) or colleges within the meaning of the General and Vocational Colleges Act (chapter C-29); and

(3) regional boards and public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2), health and social services boards, and public institutions within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5).

12. This Schedule has effect from 1 July 2002.

2001, c. 31, Schedule I; T.B. 199279 of 21.01.2003, (2003) 135 G.O. 2, 883.

2001-06-21

SCHEDULE I

(Section 1)

NON-UNIONIZABLE EMPLOYMENT

The following is non-unionizable employment :

I. in the public and parapublic sectors and in bodies whose employees are appointed under the Public Service Act (chapter F-3.1.1) :

(1) the positions or employment held by management or non-management personnel determined according to the classification plans for management personnel established by the authorities designated for each of the public and parapublic sectors ;

(2) the following positions or employment in the public service sector :

(a) human resource management consultant ;

(b) labour commissioner ;

(c) Attorney General’s prosecutor ;

(d) mediator and conciliator ;

II. in State-owned enterprises and government bodies in which the conditions of employment and the standards and scales of remuneration of the personnel are determined by the Government or approved by the Conseil du trésor pursuant to section 22 of the Financial Administration Act (chapter A-6) :

(1) the positions identified in the classification plans for management personnel approved by the Conseil du trésor and subject to the conditions of employment of management personnel, where applicable. Such positions must be similar to management positions in the public service determined according to the classification plans for management personnel in that sector ;

(2) mediators of the Conseil des services essentiels ;

(3) human resource management consultants who are subject to the conditions of employment of the management personnel of the body ;

III. for members of the staff of a Minister, of a person referred to in section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or of the other Members, the position of executive secretary and, where applicable, the positions of assistant executive secretary where the conditions of employment provide that they benefit from the conditions of employment of senior management officers of the public service ;

IV. a position or employment not referred to in paragraphs I to III that is similar to a position or employment designated in paragraph I and is held by a person who belongs to a class of employees designated pursuant to section 23 ;

V. in private institutions and for all other employers party to the plan, positions similar to positions of management personnel in the public and parapublic sectors determined in relation to the classification plans for management personnel established by the designated authority of the sector concerned and, as the case may be, conditions of employment determined by that authority ;

VI. employment held by persons designated by the Government if their conditions of employment provide that the plan applies to them.

2001, c. 31, Schedule I.