R-8.3 - Act respecting the process of negotiation of collective agreements and the settlement of disputes in the municipal sector

Updated to 5 June 2025

This document has official status.

chapter R-8.3

Act respecting the process of negotiation of collective agreements and the settlement of disputes in the municipal sector

CHAPTER I OBJECT OF THE ACT AND GUIDING PRINCIPLES

2016, c. 24, c. I.

1. The purpose of this Act is to ensure, in determining the conditions of employment of employees in the municipal sector, that account is taken of the collective expectations of those employees and of the requirements of an effective and efficient management of financial resources intended for the provision of public services.

To that end, the determination of conditions of employment in that sector must at all times be guided by the following principles:

(1)  as a democratic institution, a municipality is accountable to its ratepayers for the use of proceeds from the taxes and tariffs it collects to provide the public services incumbent on it or on another municipal employer whose expenses it assumes in whole or in part, each municipal employer having as its primary mission the provision of quality services to the residents of every territory served;

(2)  the attraction and retention of qualified personnel require conditions of employment that are fair and reasonable in light of the qualifications required, the work performed and the nature of the services rendered;

(3)  equity among personnel members requires that appropriate relationships be maintained as regards the conditions pertaining to the various categories or classes of employment, in particular, with respect to the wages, wage increases and benefits that may be granted; and

(4)  it is the employer’s responsibility to hire qualified personnel and manage its workforce so as to satisfy its operational needs.

These principles must be interpreted so as not to limit the right of the parties to negotiate a collective agreement or the right to refer any matter relating to the conditions of employment of employees to arbitration.

2016, c. 24, s. 1; 2025, c. 1, s. 1.

2. In this Act,

“municipal sector” means

(1)  any municipality, except the Kativik Regional Government, the northern and Cree villages and the Naskapi village;

(2)  any metropolitan community;

(3)  any intermunicipal board;

(4)  any public transit authority;

(5)  any body declared by law to be the mandatary or agent of the municipality, any body whose board of directors is composed in the majority of members of the council of a municipality and whose budget is adopted by the council, and any body whose board of directors is composed in the majority of elected municipal officers;

(6)  the Société municipale d’habitation Champlain and any other body established under section 59 of Schedule C to the Charter of Ville de Québec, national capital of Québec (chapter C-11.5); or

(7)  the Société d’habitation et de développement de Montréal and any other body constituted under section 218 of Schedule C to the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4).

2016, c. 24, s. 2.

CHAPTER II PROVISIONS APPLICABLE TO POLICE OFFICERS AND FIREFIGHTERS

2016, c. 24, c. II.

DIVISION I APPLICATION

2016, c. 24, Div. I.

3. This chapter applies to the settlement of disputes between an association of employees certified within the meaning of the Labour Code (chapter C-27) to represent police officers or firefighters and a municipality or an intermunicipal board.

2016, c. 24, s. 3.

DIVISION II MEDIATION

2016, c. 24, Div. II.

4. If no collective agreement has been reached by the parties within the first 240 days of the stage of negotiation between the parties, the employer must notify the Minister of Labour and send a copy of the notice to the certified association. Despite section 53 of the Labour Code (chapter C-27), the stage of negotiation begins 90 days before the day of expiry of the current agreement or, in the case of the negotiation of an agreement by a newly certified association, on the day of the certification.

The employer may defer sending the notice if an agreement in principle is being examined by the employees. If the agreement is rejected, the employer must send the notice within seven days of the rejection.

If the employer fails to send the notice within the prescribed time, the certified association may do so itself.

2016, c. 24, s. 4; 2025, c. 1, s. 26.

5. On receiving the notice provided for in section 4, the Minister of Labour must appoint a mediator to help the parties settle their dispute. That Minister may act on his or her own initiative if no notice has been received on the 15th day after the day of expiry of either of the time limits provided for in that section, as applicable.

Despite the first paragraph, at all times, the Minister of Labour must appoint a mediator on the joint application of the parties.

2016, c. 24, s. 5; 2025, c. 1, s. 2.

6. The mediator has 60 days following the mediator’s appointment to bring the parties to an agreement. The Minister of Labour may, only once and at the joint request of the parties or at the request of the mediator, extend the period of mediation by not more than 60 days.

The parties are required to attend all meetings to which the mediator convenes them.

2016, c. 24, s. 6; 2025, c. 1, s. 26.

7. If there is no agreement at the expiry of the period of mediation, the mediator must give the parties a report specifying the matters on which there has been agreement and the matters which are still in dispute.

2016, c. 24, s. 7.

8. At the same time, the mediator must give a copy of the report with comments to the Minister of Labour.

2016, c. 24, s. 8; 2025, c. 1, s. 3.

DIVISION III ARBITRATION OF DISPUTES

2016, c. 24, Div. III; 2025, c. 1, s. 4.

9. On receiving a mediator’s report, the Minister of Labour must refer the dispute to an arbitrator and notify the parties. That Minister must send the mediator’s report to the arbitrator.

2016, c. 24, s. 9; 2025, c. 1, s. 5.

9.1. Within 10 days of receiving a notice given by the Minister of Labour indicating that he or she refers the dispute to arbitration, the parties must consult with each other regarding the choice of an arbitrator from a list that Minister has drawn up for the purposes of dispute arbitration under this division.

If the parties reach an agreement, the Minister of Labour must appoint the person the parties have chosen to act as arbitrator. In the absence of an agreement, he or she must appoint the arbitrator from that list.

2025, c. 1, s. 6.

9.2. The Minister of Labour enters on the list referred to in section 9.1 the names of the persons jointly proposed by all the associations he or she recognizes by order, after consultation with the minister responsible for municipal affairs, as being the most representative of the municipalities, intermunicipal boards, police officers and firefighters.

The associations referred to in the first paragraph must send their joint proposals to the Minister of Labour not later than 90 days before the date on which the list expires.

If the number of joint proposals is insufficient, the Minister of Labour must enter on the list the names of the persons he or she has chosen from among the names appearing on the list referred to in section 77 of the Labour Code (chapter C-27).

The list referred to in section 9.1 is valid for a period not exceeding five years. During that period, the Minister of Labour may amend the list after consulting with the associations referred to in the first paragraph.

2025, c. 1, s. 6.

9.3. In order to be entered on the list referred to in section 9.1, a person must undertake in writing not to act as arbitrator in a grievance relating to the interpretation or application of an arbitration award rendered by that person in accordance with this division.

An arbitrator’s written undertaking is valid for as long as the arbitrator’s name is entered on the list or any subsequent list.

2025, c. 1, s. 6.

9.4. The arbitrator must proceed to the arbitration with assessors unless, within 15 days of the arbitrator’s appointment, the parties reach an agreement to the contrary.

Each party must designate, within 15 days of the arbitrator’s appointment, an assessor to assist the arbitrator and represent it during the hearing of the dispute and the deliberation. If a party fails to designate an assessor within the prescribed time, the arbitrator may proceed in the absence of that party’s assessor.

The arbitrator may proceed in the absence of an assessor who does not attend after having been duly convened.

2025, c. 1, s. 6.

9.5. If a disagreement occurs, other than a dispute or grievance between a municipality or an intermunicipal board and an association of employees certified to represent its police officers or firefighters, the Minister of Labour may entrust a mediator with meeting the parties and attempting to bring them to an agreement.

2025, c. 1, s. 6.

9.6. On receiving the mediator’s report, the Minister of Labour may, despite section 102 of the Labour Code (chapter C-27), refer the disagreement to an arbitrator as if it were a dispute referred to in this division.

2025, c. 1, s. 6.

10. (Repealed).

2016, c. 24, s. 10; 2025, c. 1, s. 7.

11. (Repealed).

2016, c. 24, s. 11; 2025, c. 1, s. 7.

12. (Repealed).

2016, c. 24, s. 12; 2025, c. 1, s. 7.

13. (Repealed).

2016, c. 24, s. 13; 2025, c. 1, s. 7.

14. Only matters not having been the subject of an agreement evidenced in the mediator’s report may be submitted to the arbitrator for an arbitration award.

The arbitrator has exclusive jurisdiction to determine such matters on the basis of the mediator’s report or, as the case may be, on the basis of the mediator’s own observation of the matters on which no agreement was reached during the mediation.

2016, c. 24, s. 14; 2025, c. 1, ss. 8 and 27.

15. The arbitrator is required to render his or her award according to equity and good conscience.

2016, c. 24, s. 15; 2025, c. 1, ss. 8 and 27.

16. The arbitrator must render his or her award on the basis of the evidence collected at the inquiry.

2016, c. 24, s. 16; 2025, c. 1, ss. 8 and 27.

17. Subject to section 16, the arbitrator must, in rendering his or her award, take into account

(1)  the financial and fiscal situation of the municipality concerned or of the municipalities which are party to the agreement creating the intermunicipal board concerned and the impact of the decision on that municipality or those municipalities and their ratepayers;

(2)  the conditions of employment applicable to the employees concerned;

(3)  the conditions of employment applicable to the other employees of the municipality concerned or of the municipalities which are party to the agreement creating the intermunicipal board concerned;

(4)  the policy on remuneration and the latest increases granted by the Government to employees in the public and parapublic sectors;

(5)  the conditions of employment applicable in similar municipalities and intermunicipal boards;

(6)  requirements relating to the sound management of public finances;

(7)  prevailing local economic conditions; and

(8)  prevailing and anticipated wage and economic conditions in Québec.

The arbitrator may also take into account any other evidence referred to in section 16.

2016, c. 24, s. 17; 2025, c. 1, ss. 8 and 27.

18. The arbitrator must hear the dispute with diligence and according to the procedure and the method of proof it considers appropriate.

2016, c. 24, s. 18; 2025, c. 1, s. 27.

19. Arbitration sittings are public, but the arbitrator of his or her own motion or upon application by either party may order private sittings.

2016, c. 24, s. 19; 2025, c. 1, s. 9.

20. The arbitrator has all the powers of a judge of the Superior Court for the conduct of its sittings; but it cannot order imprisonment.

2016, c. 24, s. 20; 2025, c. 1, s. 27.

21. Upon application by the parties or on the initiative of the arbitrator, witnesses are summoned by means of a written order signed by the arbitrator. The arbitrator may administer oaths.

2016, c. 24, s. 21; 2025, c. 1, s. 10.

22. A person duly summoned to appear under section 21 who refuses to attend or to testify may be compelled to do so as if the person had been summoned according to the Code of Civil Procedure (chapter C-25.01).

2016, c. 24, s. 22.

23. A person summoned to testify under section 21 is entitled to the same indemnity as witnesses before the Superior Court and to the reimbursement of travelling and living expenses.

Such amount is payable by the party who proposed the summons, but a person who receives a salary during such a period is entitled only to the reimbursement of travelling and living expenses.

If a person is duly summoned on the initiative of the arbitrator, the amount is payable in equal shares by the parties.

2016, c. 24, s. 23; 2025, c. 1, s. 27.

24. The arbitrator may communicate or otherwise notify any order, document or proceeding issued by it or the parties involved.

2016, c. 24, s. 24; 2025, c. 1, s. 27.

25. The arbitration award must give reasons and be in writing. It must be signed by the arbitrator.

2016, c. 24, s. 25; 2025, c. 1, s. 11.

26. An arbitrator who resigns, refuses to act or is unable to act is replaced according to the procedure prescribed for the original appointment.

If an assessor resigns, refuses to act or is unable to act, the party having appointed the assessor appoints a replacement. The arbitrator may continue the arbitration if the party fails to appoint a replacement within the time indicated by the arbitrator.

2016, c. 24, s. 26; 2025, c. 1, s. 12.

27. At any time before rendering a final award, the arbitrator may render any interim decision the arbitrator deems fair and useful.

2016, c. 24, s. 27; 2025, c. 1, s. 13.

28. The arbitrator must render his or her award within six months of being appointed.

If the Minister considers that the circumstances and the interest of the parties so warrant, the Minister may grant the arbitrator an extension. The Minister may, on the same conditions, grant an additional extension.

2016, c. 24, s. 28; 2025, c. 1, s. 14.

29. The arbitrator must record in his or her award the stipulations relating to the matters that were the subject of an agreement evidenced in the mediator’s report.

The parties may, at any time, come to an agreement on a matter that is the subject of the dispute and the corresponding stipulations must also be recorded in the award by the arbitrator, who may not amend them except for the purpose of making such adaptations as are necessary to make the stipulations consistent with a clause of the award.

2016, c. 24, s. 29; 2025, c. 1, ss. 15 and 27.

30. The award is binding on the parties for a specified period of five years from the expiry of the collective agreement or, in the case of a first collective agreement, from the date of certification. The parties may, however, agree to amend the content, in whole or in part.

2016, c. 24, s. 30; 2025, c. 1, s. 15.

31. The arbitrator must forward the original of his or her award to the Minister of Labour and send, at the same time, a copy of it to the minister responsible for municipal affairs and to each party.

2016, c. 24, s. 31; 2025, c. 1, s. 16.

32. The arbitrator may at any time correct an award containing an error in writing or calculation or any other clerical error.

2016, c. 24, s. 32; 2025, c. 1, ss. 17 and 27.

33. The award has the effect of a collective agreement signed by the parties in accordance with the Labour Code (chapter C-27).

It may be executed under the authority of a court of competent jurisdiction at the suit of a party who is not obliged to implead the person for whose benefit the party is acting.

2016, c. 24, s. 33; 2025, c. 1, s. 17.

34. The fees and expenses of the arbitrator are borne equally by the parties.

The Regulation respecting the remuneration of arbitrators (chapter C-27, r. 6) applies, with the necessary modifications, to the remuneration of the arbitrators governed by this Act. Among such modifications, the Regulation applies as if the arbitration were that of a dispute referred to arbitration under section 75 of the Labour Code (chapter C-27).

The Minister may set up a financial assistance program intended for the parties.

2016, c. 24, s. 34; 2025, c. 1, s. 18.

35. An arbitrator cannot be prosecuted for acts performed in good faith in the exercise of the functions of office.

2016, c. 24, s. 35; 2025, c. 1, s. 27.

36. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be presented nor any injunction granted against arbitrators acting in their official capacity.

2016, c. 24, s. 36; 2025, c. 1, s. 19.

CHAPTER III PROVISIONS APPLICABLE TO OTHER EMPLOYEES

2016, c. 24, c. III.

DIVISION I APPLICATION

2016, c. 24, Div. I.

37. This chapter applies to the settlement of disputes between a certified association, within the meaning of the Labour Code (chapter C-27), representing employees other than police officers or firefighters, and a municipal sector employer.

2016, c. 24, s. 37.

DIVISION II MEDIATION

2016, c. 24, Div. II.

38. If no collective agreement has been reached by the parties on the 150th day after the day the right to strike or to a lock-out is acquired, the employer must notify the Minister of Labour and send a copy of the notice to the certified association.

The parties may jointly inform the minister responsible for the administration of the Labour Code (chapter C-27) that they are extending the period provided for in the first paragraph to the 180th day.

The employer may defer sending the notice if an agreement in principle is being examined by the employees. If the agreement is rejected, the employer must send the notice within seven days of the rejection.

If the employer fails to send the notice within the prescribed time, the certified association may do so itself.

2016, c. 24, s. 38; 2025, c. 1, s. 26.

39. On receiving the notice provided for in section 38, the Minister of Labour must appoint a mediator to help the parties settle their dispute. That Minister may act on his or her own initiative if no notice has been received on the 15th day after the day of expiry of either of the time limits provided for in that section, as applicable.

Despite the first paragraph, at all times, the Minister of Labour must appoint a mediator on the joint application of the parties.

Section 6, concerning mediation, applies, with the necessary modifications.

If there is no agreement at the expiry of the period of mediation, the mediator must give the parties a report specifying the matters on which there has been agreement and the matters which are still in dispute. At the same time, the mediator must give a copy of the report to the Minister of Labour and to the minister responsible for municipal affairs. The report must be given to the arbitrator appointed in accordance with section 44.

2016, c. 24, s. 39; 2025, c. 1, s. 20.

DIVISION III SPECIAL MANDATARY

2016, c. 24, Div. III.

40. If exceptional circumstances so warrant, a party may, after submission of the mediator’s report under Division II, apply to the Minister, in writing and giving reasons, for the appointment of a special mandatary to foster settlement of the dispute.

2016, c. 24, s. 40.

41. The Minister must appoint a special mandatary if the Minister is of the opinion, after consultation with the Minister of Labour, that all means of settling the dispute have been exhausted and that, in light of the exceptional circumstances described by the applying party, the continuation of the dispute may seriously jeopardize the provision of public services.

2016, c. 24, s. 41; 2025, c. 1, s. 26.

42. The special mandatary must possess, in addition to recognized experience in labour relations, experience in the municipal field or in the field of economy.

The instrument of appointment of the special mandatary specifies the term of the special mandatary and any other condition to which the special mandatary is subject.

The term of the special mandatary may, at the special mandatary’s request, be extended by the Minister for a maximum period of 30 days.

2016, c. 24, s. 42.

43. At the end of the special mandatary’s term or as soon as the special mandatary considers that it is unlikely that the parties may come to an agreement, the special mandatary must submit an activity report to the parties and the Minister.

The parties are required to provide the special mandatary with all the relevant information needed to perform the special mandatary’s mandate.

The report contains the recommendations the special mandatary considers appropriate for the settlement of the dispute. Such recommendations must take into account the criteria provided for in section 17 for the sake of fairness to the parties. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‑2.1), no person has a right of access to the report.

2016, c. 24, s. 43.

DIVISION IV ARBITRATION

2016, c. 24, Div. IV.

44. After an unsuccessful mediation conducted in accordance with Division II, the parties may jointly apply to have their dispute submitted to a single arbitrator.

However, an application for the appointment of a special mandatary under Division III suspends the right to arbitration until the Minister or the Government decides not to grant the application or until the report provided for in section 43 has been submitted.

2016, c. 24, s. 44.

45. On receiving an application in conformity with section 44, the Minister must appoint an arbitrator and notify the parties.

2016, c. 24, s. 45.

46. The arbitrator is selected from among the persons recognized as qualified for appointment as arbitrators by decision of the Government.

Those persons must be recommended by a selection committee formed and acting in accordance with the conditions determined by the Government.

To be recognized as and remain qualified, those persons must

(1)  be members of the Barreau du Québec and have recognized experience in labour relations or in the municipal field;

(2)  not be, nor have been in the year preceding the recognition, employees, officers or other representatives of an employer in the municipal sector, of an association representing employees of that sector or of a grouping of such employers or associations; and

(3)  undertake in writing not to act as arbitrator with respect to a grievance that relates to the interpretation or implementation of a decision rendered in accordance with this chapter.

The recognition by the Government of the persons qualified for appointment as arbitrators is valid for a period of five years.

2016, c. 24, s. 46.

47. Sections 13 to 25 and 27 to 36 apply to arbitration conducted under this division, with the necessary modifications.

2016, c. 24, s. 47.

CHAPTER IV OTHER PROVISIONS

2016, c. 24, c. IV.

48. Sections 54 to 57 and Divisions I and I.1 of Chapter IV of the Labour Code (chapter C-27) do not apply to a dispute to which this Act applies.

The other provisions of that Code apply in the municipal sector, to the extent that they are not inconsistent with this Act.

2016, c. 24, s. 48.

49. An application for arbitration made under Chapter III terminates any strike or lock-out in progress.

2016, c. 24, s. 49.

50. Despite section 65 of the Labour Code (chapter C-27), a collective agreement binding a certified association and a municipal sector employer, including a first collective agreement, must have a specified period of a least five years.

2016, c. 24, s. 50.

CHAPTER V AMENDING, TRANSITIONAL AND FINAL PROVISIONS

2016, c. 24, c. V.

DIVISION I AMENDING PROVISIONS

2016, c. 24, Div. I.

LABOUR CODE

51. (Omitted).

2016, c. 24, s. 51.

ACT RESPECTING MUNICIPAL TERRITORIAL ORGANIZATION

52. (Amendment integrated into c. O-9, s. 176.22).

2016, c. 24, s. 52.

REGULATION RESPECTING THE REMUNERATION OF ARBITRATORS

53. (Amendment integrated into c. C-27, r. 6, s. 19).

2016, c. 24, s. 53.

DIVISION II TRANSITIONAL AND FINAL PROVISIONS

2016, c. 24, Div. II.

54. For collective agreements expired before 1 January 2014 for which no new collective agreements have been reached by the parties before 2 November 2016, the notice provided for in section 4 or 38 must be given by the employer on the 75th day after 2 November 2016.

For collective agreements expired in 2014 for which no new collective agreements have been reached by the parties before 2 November 2016, the notice provided for in section 4 or 38 must be given by the employer on the 105th day after 2 November 2016.

For collective agreements expired in 2015 for which no new collective agreements have been reached by the parties before 2 November 2016, the notice provided for in section 4 or 38 must be given by the employer on the 135th day after 2 November 2016.

For collective agreements expired between 1 January 2016 and the 90th day before 2 November 2016 for which no new collective agreements have been reached by the parties before 2 November 2016, the notice provided for in section 4 or 38 must be given by the employer on the 150th day after 2 November 2016.

The parties may jointly send the notice provided for in sections 4 and 38 before the expiry of the time limits provided for in the preceding paragraphs.

The stage of negotiation provided for in section 4 is deemed to begin on 2 November 2016 when

(1)  a collective agreement expiring within 90 days before or after that date is being renewed; or

(2)  a first collective agreement involving an association that has been certified less than 90 days before that date is being negotiated.

The second and third paragraphs of section 4 and the third and fourth paragraphs of section 38 apply with the necessary modifications.

The Minister may act on the Minister’s own initiative if no notice has been received on the 15th day after the day of expiry of a time limit provided for in the first four paragraphs.

2016, c. 24, s. 54.

55. (Repealed).

2016, c. 24, s. 55; 2025, c. 1, s. 21.

56. (Repealed).

2016, c. 24, s. 56; 2025, c. 1, s. 21.

57. (Repealed).

2016, c. 24, s. 57; 2025, c. 1, s. 21.

58. The minister who is responsible for municipal affairs is responsible for the administration of this Act.

2016, c. 24, s. 58.

59. (Omitted).

2016, c. 24, s. 59.