S-2.1, r. 29 - Regulation respecting the implementation of the Agreement on any program of the Ministère de la Santé et des Services sociaux

Updated to 1 September 2012

This document has official status.

chapter S-2.1, r. 29

Regulation respecting the implementation of the Agreement on any program of the Ministère de la Santé et des Services sociaux

Act respecting occupational health and safety

(chapter S-2.1, s. 223, 1st par., subpar. 39).

1. The Act respecting industrial accidents and occupational diseases (chapter A-3.001) applies to persons who participate in any program of the Ministère de la Santé et des Services sociaux to the extent and on the conditions provided by the agreement entered into by the Minister of Health and Social Services with the Commission de la santé et de la sécurité du travail attached as Schedule I.

O.C. 1198-2010, s. 1.

2. This Regulation replaces the Regulation respecting the implementation of the agreement on any program of the Ministère de la Santé et des Services sociaux, (O.C. 966-2002, 2002-08-21).

O.C. 1198-2010, s. 2.

3. (Omitted).

O.C. 1198-2010, s. 3.

SCHEDULE I

AGREEMENT BETWEEN

THE MINISTER OF HEALTH AND SOCIAL SERVICES

AND

THE COMMISSION DE LA SANTÉ ET DE LA SÉCURITÉ DU TRAVAIL

WHEREAS, under section 1 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2), the Minister of Health and Social Services has charge of the direction and administration of the Ministère de la Santé et des Services sociaux and of the application of the Acts and regulations respecting health and social services;

WHEREAS, under paragraph h of section 3 of the same Act, the Minister must in particular promote the development and implementation of programs and services according to the needs of individuals, and families and other groups;

WHEREAS, under section 10 of the same Act, the Minister may enter into agreements with any government, one of its departments, with an international organization or with an agency of that government or organization for the purposes of the application of the Act or another Act within the competence of the Minister;

WHEREAS, under section 138 of the Act respecting occupational health and safety (chapter S-2.1), the Commission is a legal person within the meaning of the Civil Code of Québec and has the general powers of such a legal person and the special powers conferred upon it by that Act;

WHEREAS, under section 170 of the same Act, the Commission may make agreements with a Government department or agency, another government or a department or agency of such a government for the application of the Acts and regulations administered by it, according to law;

WHEREAS the Minister requires that the Act respecting industrial accidents and occupational diseases (chapter A-3.001) be applicable to workers covered by this Agreement and he or she intends to assume the obligations prescribed for employers;

WHEREAS, under section 16 of the Act respecting industrial accidents and occupational diseases, a person doing work under a project of any government, whether or not the person is a worker, may be considered to be a worker employed by that government, by an agency or by a legal person, on the conditions and to the extent provided by an agreement between the Commission and the government, agency or legal person concerned;

WHEREAS, under section 16 of that Act, the second paragraph of section 170 of the Act respecting occupational health and safety applies to the agreement, to wit, that the Commission may, by regulation, put into effect an agreement extending benefits arising out of Acts or regulations administered by it;

THEREFORE, THE PARTIES AGREE AS FOLLOWS:

CHAPTER             1.00        ENABLING PROVISION

Enabling
provision           1.01        This Agreement is entered into under section 16
                                of the Act respecting occupational health and
                                safety (chapter A-3.001).

CHAPTER             2.00        PURPOSES

Purposes            2.01        The purposes of this Agreement is to provide to
                                what extent and on what conditions the Act
                                respecting occupational health and safety is to
                                apply to the workers governed and to determine the
                                respective obligations of the Minister and the
                                Commission.

CHAPTER             3.00        DEFINITIONS

                    3.01        For the purposes of this Agreement,

“service employment
paycheque”                 (a)  “services employment paycheque” means the method
                                 of paying for services provided by worker, which
                                 will be managed by Services de paie Desjardins or
                                 any other organization called upon to perform that
                                 function;

“Commission”               (b)  “Commission” means the Commission de la santé et de
                                 la sécurité du travail;

“employment
injury”                    (c)  “employment injury” means an injury or a disease 
                                 arising out of or in the course of an industrial 
                                 accident, or an occupational disease, including
                                 a recurrence, relapse or aggravation within the
                                 meaning of the Act;

“Act”                      (d)  “Act” means the Act respecting occupational health
                                 and safety (chapter A-3.001);

“Minister”                 (e)  “Minister” means the Minister of Health and Social
                                 Services;

“worker”                   (f)  “worker” means a person who provides services to a 
                                 user, particularly under the program indicated in
                                 Schedule 1, and whose remuneration is paid by means
                                 of the service employment paycheque;

“user”                      (g)  “user” means a user referred to in the Act 
                                 respecting health services and social services
                                 (chapter S-4.2) who uses the services of a 
                                 worker within the meaning of this Agreement.

CHAPTER             4.00        MINISTER’S OBLIGATIONS

Employer            4.01        The Minister is deemed to be the employer of any
                                worker covered by this Agreement.

Restrictions                    Despite the foregoing, the employer-employee
                                relationship is recognized as such only for the
                                purposes of indemnification, assessment and 
                                imputation of the cost of benefits under the Act and
                                must not be deemed to be an admission of a factual
                                situation leading itself to interpretation in other
                                fields of activity.

Exclusions                      The workers covered by this Agreement are neither
                                employees, public servants or officers of the
                                Gouvernement du Québec, including the Ministère
                                de la Santé et des Services sociaux, nor of any
                                category of institutions specified in the Act
                                respecting health services and social services or of
                                a regional agency instituted under that Act.

General
obligations         4.02        As the employer, the Minister is bound by all the
                                obligations imposed by the Act, with the necessary
                                modifications, including the obligation to keep a
                                register of industrial accidents occurring in users’
                                domiciles.

Register
of accidents                    However, in the case of the register of industrial
                                accidents referred to in the first paragraph, the
                                Minister is required to put the register at the
                                disposal of the Commission only.

Information                     Upon request by the Commission, the Minister sends a
                                description of the tasks and activities performed by
                                the worker when the employment injury occurred.

Exceptions          4.03        Despite section 4.02, section 32 of the Act
                                concerning the dismissal, suspension or transfer
                                of a worker, discriminatory measures or reprisals,
                                as well as Chapter VII concerning the right to 
                                return to work, are not applicable to the Minister.

First aid                       The Minister must see that first aid is given to a
                                worker suffering from an employment injury, in
                                accordance with sections 190 and 191 of the Act, and
                                pay the related costs.

Payment of
assessment          4.04        The Minister undertakes to pay the assessment 
                                calculated by the Commission in accordance with
                                the Act and the regulations thereunder, as well
                                as the fixed administration expenses related to
                                each special envelope.

                                For the purposes of this Agreement, the Minister is
                                also required to make periodic payments, in 
                                accordance with section 315.1 of the Act.

Assessment          4.05        For assessment purposes, the Minister is deemed
                                to pay a salary corresponding to the annual gross
                                employment income paid to the worker by means of
                                the service employment paycheque.

Annual
statement           4.06        Each year before 15 March, the Minister is to send
                                the Commission a statement indicating the amount of
                                annual gross salaries paid to the workers covered by
                                this Agreement during the preceding calendar year.

Register            4.07        The Minister keeps a detailed register of the 
                                workers’ names and addresses and, upon request by
                                the Commission, provides it with the information if
                                needs for the purposes of this Agreement.

Description
of programs         4.08        The Minister sends the Commission, upon the coming
                                into force of this Agreement, a description of any
                                program appearing un Schedule 1.

New program
or amendment                    Any new program or any subsequent amendment to a 
                                program appearing in Schedule 1 is also to be sent
                                so as to determine whether it should come or remain
                                under this Agreement.

CHAPTER             5.00        COMMISSION’S OBLIGATIONS

Worker
status              5.01        The Commission considers a worker covered by this
                                Agreement as a worker within the meaning of the Act.

Indemnity           5.02        A worker suffering from an employment injury is
                                entitled to an income replacement indemnity as of
                                the first day following the day the worker became
                                unable to carry on his or her employment by reason
                                of the injury.

Payment                         Despite the first paragraph of section 124 of the
                                Act, the Minister pays that worker, as of the
                                fifteenth full day following the day the worker
                                became unable to carry on his or her employment and
                                for all the time of that inability, the income 
                                replacement indemnity determined by the Commission,
                                in accordance witch the Act.

Advance                         However, should the worker’s claim be refused by
                                the Commission, the amount paid by the Minister is
                                an advance with respect to the remuneration paid by
                                means of the service employment paycheque.

Reimbursement       5.03        The Commission reimburses the Minister the income
                                replacement indemnity paid by it as of the fifteenth
                                full day following the day the worker became unable
                                to carry on his or her employment and for all the
                                time of that inability, in accordance with the 
                                second paragraph of section 5.02, to the extent that
                                the Commission recognizes the worker’s entitlement
                                to the payment of that indemnity.

Financial
envelope            5.04        Upon request by the Minister, the Commission 
                                allocates a specific financial envelope to each
                                program covered by this Agreement.

Program
referred to                     In the case of the program referred to in 
                                schedule 1, it is classified in the unit of
                                operation “Immovable maintenance services” 
                                (77020) or, following amendments made to that unit
                                of operation following the signing of this
                                Agreement, in a unit corresponding to those
                                activities.

Other programs                  The Commission may allocate to any new program
                                covered by this Agreement an envelope classified
                                according to the rate of a unit corresponding to the
                                activities included in that new program.

Applicable rate     5.05        The Commission fixes for the program provided for in
                                the second paragraph of section 5.04 either the
                                specific assessment rate of the unit, or a 
                                personalized assessment rate, provided in the latter
                                case that the Minister meets the conditions of the
                                Act and its regulations for each assessment year.

Other programs                  The foregoing also applies to any new program 
                                covered by this Agreement.

Retrospective
adjustment                      The Commission also carries out the retrospective
                                adjustment of the annual assessment applicable to
                                the Minister, provided that the Commission meets the
                                conditions of the Act and its regulations for the 
                                assessment year.

CHAPTER             6.00        MISCELLANEOUS

Follow-up           6.01        Both the Commission and the Minister designate,
                                within 15 days of the coming into force of this
                                Agreement, a person responsible for the follow-up
                                of this Agreement.

Addresses
of notices          6.02        Any notice required by this Agreement is to be sent
                                to the Commission or Minister at the following
                                addresses:

                                (a) Le Secrétaire de la Commission
                                    Commission de la santé et de la sécurité du
                                    travail
                                    1199, rue de Bleury, 14e étage
                                    Montréal (Québec) H3C 4E1;

                                (b) Le Secrétaire du ministère
                                    Ministère de la Santé et des Services sociaux
                                    1075, chemin Sainte-Foy
                                    Québec (Québec) G1S 2M1.

CHAPTER             7.00        COMING INTO FORCE, TERM AND TERMINATION

Effective date      7.01        This Agreement takes effect on the date of coming
                                into force of the Regulation made for that purpose
                                by the Commission under section 170 of the Act
                                respecting occupational health and safety.

Term                            It remains in force until 31 December 2011.

Tacit renewal       7.02        This Agreement will be renewed tacitly from one
                                calendar year to the next, unless one of the parties
                                sends the other a notice by registered or certified
                                mail indicating that it intends to terminate the
                                Agreement or to make amendments thereto, at least 90
                                days before the Agreement expires.

Amendment           7.03        In the latter case, the notice must include the
                                amendments that the party intends to make.

Renewal                         Sending such a notice does not prevent the tacit
                                renewal of this Agreement for one year. If the
                                parties disagree on the amendments to be made, the
                                Agreement comes to an end, without further notice,
                                at the end of that renewal period.

CHAPTER             8.00        CANCELLATION OF THE AGREEMENT

Default             8.01        If the Minister fails to respect any of his or her
                                obligations, the Commission may ask the Minister to
                                rectify the default within the time set by it. If 
                                the situation is not rectified within the prescribed
                                time, the Commission may cancel this Agreement
                                unilaterally, upon written notice.

Date                8.02        The Agreement is then cancelled on the date on which
                                the written notice is sent.

Financial
adjustments         8.03        In the event of cancellation, the Commission makes
                                the financial adjustments taking into account the 
                                amounts payable under this Agreement.

Amount due                      Any amount due following those financial adjustments
                                is payable on the due date specified on the notice 
                                of assessment.

Common
agreement           8.04       The parties may cancel this Agreement at any time
                               if they both agree thereto.

Damages             8.05       In the event of cancellation, neither party may
                               be obligated to pay damages or any other form
                               of indemnity or fees to the other party.

IN WITNESS WHEREOF, the parties have signed


at __________ on this __________                at __________ on this __________

(  ) day of __________ 2010                     (  ) day of __________ 2010

_______________________________                 _______________________________
JACQUES COTTON                                  LUC MEUNIER
Deputy Minister                                 Chair of the board of directors and
Ministère de la Santé et                        Chief Executive Officer
des Services sociaux                            Commission de la santé et de
                                                la sécurité du travail

SCHEDULE 1 TO THE AGREEMENT

Program covered by the agreement

— Direct allowance program for home services.

O.C. 1198-2010, Sch. I.

REFERENCES

O.C. 1198-2010, 2010 G.O. 2, 3859B