D-2, r. 16.1 - Decree respecting personnel in the traffic control industry in Québec

Section 2 Disposition versions

2023-02-24

2. For the purposes of this Decree, unless the context indicates otherwise,

(1)  “office of the employer” means the establishment where the employer carries on its main activities. In the case of several establishments, it means the office of the establishment closest to the address of the employee at the time of the employee’s hiring, unless the employee’s contract of employment specifies another office;

(2)  “roadway” means that part of a public highway ordinarily used for vehicular traffic;

(3)  “public highway” means the surface of land or of a structure, the maintenance of which is entrusted to a municipality, a government or one of its bodies, over part of which one or more roadways open to public vehicular traffic and, where such is the case, one or more cycle lanes are laid out, except

(a)  highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune or the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation;

(b)  highways under construction or repair, but only with respect to vehicles assigned to the construction or repair; and

(c)  highways which the Government determines, under section 5.2 of the Highway Safety Code (chapter C-24.2), as being exempt from the application of that Code;

(4)  “parity committee” means the Comité paritaire de l’industrie de la signalisation routière du Québec;

(5)  “spouse” means either of 2 persons who

(a)  are married or in a civil union and cohabiting;

(b)  being of opposite sex or the same sex are living together in a de facto union and are the father and mother of the same child; or

(c)  are of opposite sex or the same sex and have been living together in a de facto union for one year or more;

(6)  “retaining device” means a frontal or side retaining device used on road construction sites and intended to protect employees in work areas exposed to traffic and road users from new obstacles attributable to the nature of the work or traffic patterns;

(7)  “employee” means a natural person who, for an employer, performs traffic control work as defined in paragraph 11;

(8)  “regular employee” means an employee who has completed 300 hours of uninterrupted service. A maximum of eight hours of work per day since the employee’s last hiring date is considered in the calculation of the number of hours worked;

(9)  “week” means a period of 7 consecutive days extending from midnight at the beginning of a given day to midnight at the end of the seventh day. The employer must inform the parity committee in writing, within 15 days, of the day on which the week begins. That choice remains in force for the term set out in section 49, but may be modified on 60 days’ written notice by the employer to the parity committee;

(10)  “uninterrupted service” means the uninterrupted period during which an employee is bound to the employer by a contract of employment, even if the performance of the work has been interrupted without cancellation of the contract, and the period during which fixed-term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract has not been renewed;

(11)  “traffic control work” means the following tasks when carried out on a public highway as part of the work and temporary events described in Division 4.3 of Chapter 4 of the manual entitled “Tome V – Traffic Control Devices”:

(a)  installing, operating, moving, dismantling, servicing and maintaining traffic control and traffic management equipment;

(b)  installing, operating, moving, dismantling, servicing and maintaining retaining devices and other equipment used to protect road users or workers at work;

(c)  driving a protection vehicle on which an impact attenuator is mounted;

(d)  driving an accompanying work vehicle;

(e)  maintenance and surveillance patrol;

(f)  slowdown patrol;

(g)  driving an escort vehicle; and

(h)  the work of a traffic control person consisting in directing traffic on a public highway so as to stop, slow and control traffic, protecting road users and workers at work by regulating the flow of traffic, giving directives and traffic control signals to road users and ensuring traffic fluidity.

The task of applying pavement markings that constitute traffic control devices is not considered to be traffic control work.

For the purposes of this Decree, the manual entitled “Tome V – Traffic Control Devices” means the standards determined and set out by the Minister of Transport under the second paragraph of section 289 of the Highway Safety Code.

O.C. 1529-2022, s. 2.

Not in force

In force: 2023-02-24

2. For the purposes of this Decree, unless the context indicates otherwise,

(1)  “office of the employer” means the establishment where the employer carries on its main activities. In the case of several establishments, it means the office of the establishment closest to the address of the employee at the time of the employee’s hiring, unless the employee’s contract of employment specifies another office;

(2)  “roadway” means that part of a public highway ordinarily used for vehicular traffic;

(3)  “public highway” means the surface of land or of a structure, the maintenance of which is entrusted to a municipality, a government or one of its bodies, over part of which one or more roadways open to public vehicular traffic and, where such is the case, one or more cycle lanes are laid out, except

(a)  highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune or the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation;

(b)  highways under construction or repair, but only with respect to vehicles assigned to the construction or repair; and

(c)  highways which the Government determines, under section 5.2 of the Highway Safety Code (chapter C-24.2), as being exempt from the application of that Code;

(4)  “parity committee” means the Comité paritaire de l’industrie de la signalisation routière du Québec;

(5)  “spouse” means either of 2 persons who

(a)  are married or in a civil union and cohabiting;

(b)  being of opposite sex or the same sex are living together in a de facto union and are the father and mother of the same child; or

(c)  are of opposite sex or the same sex and have been living together in a de facto union for one year or more;

(6)  “retaining device” means a frontal or side retaining device used on road construction sites and intended to protect employees in work areas exposed to traffic and road users from new obstacles attributable to the nature of the work or traffic patterns;

(7)  “employee” means a natural person who, for an employer, performs traffic control work as defined in paragraph 11;

(8)  “regular employee” means an employee who has completed 300 hours of uninterrupted service. A maximum of eight hours of work per day since the employee’s last hiring date is considered in the calculation of the number of hours worked;

(9)  “week” means a period of 7 consecutive days extending from midnight at the beginning of a given day to midnight at the end of the seventh day. The employer must inform the parity committee in writing, within 15 days, of the day on which the week begins. That choice remains in force for the term set out in section 49, but may be modified on 60 days’ written notice by the employer to the parity committee;

(10)  “uninterrupted service” means the uninterrupted period during which an employee is bound to the employer by a contract of employment, even if the performance of the work has been interrupted without cancellation of the contract, and the period during which fixed-term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract has not been renewed;

(11)  “traffic control work” means the following tasks when carried out on a public highway as part of the work and temporary events described in Division 4.3 of Chapter 4 of the manual entitled “Tome V – Traffic Control Devices”:

(a)  installing, operating, moving, dismantling, servicing and maintaining traffic control and traffic management equipment;

(b)  installing, operating, moving, dismantling, servicing and maintaining retaining devices and other equipment used to protect road users or workers at work;

(c)  driving a protection vehicle on which an impact attenuator is mounted;

(d)  driving an accompanying work vehicle;

(e)  maintenance and surveillance patrol;

(f)  slowdown patrol;

(g)  driving an escort vehicle; and

(h)  the work of a traffic control person consisting in directing traffic on a public highway so as to stop, slow and control traffic, protecting road users and workers at work by regulating the flow of traffic, giving directives and traffic control signals to road users and ensuring traffic fluidity.

The task of applying pavement markings that constitute traffic control devices is not considered to be traffic control work.

For the purposes of this Decree, the manual entitled “Tome V – Traffic Control Devices” means the standards determined and set out by the Minister of Transport under the second paragraph of section 289 of the Highway Safety Code.

O.C. 1529-2022, s. 2.