P-39.3 - Act to ensure the protection of trainees in the workplace

Section 1 Disposition versions

2022-08-24

1. In this Act, unless the context indicates a different meaning,

“agreement” means an individual contract of employment, a collective agreement within the meaning of paragraph d of section 1 of the Labour Code (chapter C-27) or any other agreement relating to conditions of employment or to training conditions, including a regulation giving effect to such an agreement;

“Commission” means the Commission des normes, de l’équité, de la santé et de la sécurité du travail;

“employer” means any person, partnership or other entity that, within the scope of their activities, receives a trainee for the purposes of training;

“spouse” means either of two persons who

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

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

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

“trainee” means any person, whether or not a salaried employee, who does training with an employer; and

“training” means any job shadowing activity or activity for the acquisition or implementation of skills that is required to obtain a permit to practice issued by a professional order or that is part of a program of studies or training program at the secondary, vocational, college or university level offered by an educational institution and leading to a diploma, certificate or attestation of studies.

Persons to whom the definition of “spouse” in the first paragraph applies are considered to be cohabiting despite the temporary absence of one of them. The same rule applies if one of the persons is required to live permanently in another place for health reasons or because of imprisonment, unless the trainee is cohabiting with another spouse within the meaning of that definition.

2022, c. 2, s. 1.

Not in force

In force: 2022-08-24

1. In this Act, unless the context indicates a different meaning,

“agreement” means an individual contract of employment, a collective agreement within the meaning of paragraph d of section 1 of the Labour Code (chapter C-27) or any other agreement relating to conditions of employment or to training conditions, including a regulation giving effect to such an agreement;

“Commission” means the Commission des normes, de l’équité, de la santé et de la sécurité du travail;

“employer” means any person, partnership or other entity that, within the scope of their activities, receives a trainee for the purposes of training;

“spouse” means either of two persons who

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

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

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

“trainee” means any person, whether or not a salaried employee, who does training with an employer; and

“training” means any job shadowing activity or activity for the acquisition or implementation of skills that is required to obtain a permit to practice issued by a professional order or that is part of a program of studies or training program at the secondary, vocational, college or university level offered by an educational institution and leading to a diploma, certificate or attestation of studies.

Persons to whom the definition of “spouse” in the first paragraph applies are considered to be cohabiting despite the temporary absence of one of them. The same rule applies if one of the persons is required to live permanently in another place for health reasons or because of imprisonment, unless the trainee is cohabiting with another spouse within the meaning of that definition.

2022, c. 2, s. 1.