48.11.18. Every freight mover who is not a member of a certified freight movers group must, to avoid having the Commission prohibit his or her heavy vehicle from being put into operation or operated pursuant to the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3), pay to the certified group of his or her choice the annual contribution fixed at a special meeting of the members of the group for the financing of the group’s activities.
Every freight mover, whether a member or an affiliate of the certified freight movers group to which he or she pays a contribution, has the right to vote at the special meeting at which the annual contribution is fixed and has only one vote. Where a certified group of freight movers is affiliated with an organization, a member or affiliate only has a right to vote at a special meeting of the group even if certain rules of the organization provide for special mechanisms, as regards contributions for the financing of its activities, that apply to all groups with which it is affiliated.
This section shall operate only if more than 50% of the persons named on the list of freight movers established in accordance with section 48.11.16 decide in favour of its application, either personally or through the certified group to which they belong. The Commission shall agree with the certified freight movers groups on the procedure to be determined by the Commission to allow the results of the decision to be established and published and, where applicable, to ensure that contributions are paid.
This section does not apply to a freight mover to which a collective agreement, within the meaning of the Labour Code (chapter C-27) or the Canada Labour Code (Revised Statutes of Canada, 1985, chapter L-2), applies and who pays dues to a certified association not certified by the Commission as a freight movers group.
2000, c. 35, s. 2; 2005, c. 39, s. 52.