THE OFFICE QUÉBEC-AMÉRIQUES POUR LA JEUNESSE
THE COMMISSION DE LA SANTÉ ET DE LA SÉCURITÉ DU TRAVAIL
WHEREAS the Office Québec-Amériques pour la jeunesse, established under section 1 of the Act respecting the Office Québec-Amériques pour la jeunesse (chapter O-5.1) is, under section 2 of that Act, a legal person, mandatary of the State and has the general powers of such a legal person and the special powers conferred upon it by that Act;
WHEREAS, the Commission de la santé et de la sécurité du travail, established under section 137 of the Act respecting occupational health and safety (chapter S-2.1), is, under section 138 of the Act, 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 Act respecting occupational health and safety, 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, under section 3 of the Act respecting the Office Québec-Amériques pour la jeunesse, the mission of the Office is to develop relations between young people in Québec and young people elsewhere in the Americas and, for such purposes, to promote understanding of their respective cultures, increase exchanges between individuals and groups and encourage the development of cooperation networks, more particularly, by developing exchange and cooperation programs accessible to young people from all backgrounds and including training activities such as internships;
WHEREAS the Office has requested that the Act respecting industrial accidents and occupational diseases (chapter A-3.001) apply to certain trainees and it intends to assume the obligations prescribed for employers;
WHEREAS, under section 16 of that Act, a person doing work under a project of any government, whether or not the person is a worker, may be deemed 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 such agreement, the effect of that section 16 being that the Commission must proceed by way of a regulation in order to give effect to an agreement extending benefits arising out of Acts or regulations administered by it;
THEREFORE, THE PARTIES HEREBY AGREE TO THE FOLLOWING:
1.1 This Agreement is entered into under section 16 of the Act.
PURPOSES OF AGREEMENT
Purposes of agreement
2.1 The purposes of this Agreement are to provide for the application of the Act to certain trainees of the Office and to determine the respective obligations of the Office and of the Commission, on the conditions and to the extent set forth herein.
For the purposes of this Agreement,
(a) Commission means the Commission de la santé et de la sécurité du travail;
(b) employment means, as the case may be, the remunerated employment the trainee has at the time the employment injury appears or for which the trainee is registered with the Commission. If the trainee has no remunerated employment or is not registered with the Commission at the time the injury appears, his or her usual employment or, if the trainee does not carry on such employment, the employment that could have been the trainee’s usual employment, considering the trainee’s training, work experience and physical and intellectual capacity before the employment injury appeared;
(c) employment injury means an injury or a disease arising out of or in the course of an industrial, or an occupational disease, including a recurrence, relapse or aggravation;
(d) Act means the Act respecting industrial accidents and occupational diseases;
(e) Office means the Office Québec-Amériques pour la jeunesse;
(f) trainee means a person who is doing work under a program administered by the Office, in particular the programs listed in Schedule 1, who is not a person covered by section 10 or paragraph 4 of section 11 of the Act.
OBLIGATIONS OF THE OFFICE
4.1 The Office is deemed to be the employer of any trainee covered by this Agreement.
Despite the foregoing, that employer-employee relationship is recognized only for the purposes of indemnities, assessments and imputation of the cost of benefits payable under the Act and must not be considered as an admission of a factual situation lending itself to interpretation in other fields of activity.
4.2 As an employer, the Office is bound, with the necessary modifications, by all the obligations provided for in the Act, including in particular the obligation to keep a register of industrial accidents occurring in the establishment within the meaning of the Act respecting occupational health and safety where the trainees are located and the obligations to inform the Commission, using the form prescribed by the Commission, that a trainee is unable to continue the program by reason of the employment injury.
Register of accidents
However, the Office is required to make the register of industrial accidents referred to in the preceding paragraph available only to the Commission.
At the request of the Commission, the Office forwards a description of the program and tasks or activities performed by the trainee at the time the employment injury appeared.
4.3 Despite section 4.2, section 32 of the Act pertaining to the dismissal, suspension or transfer of a worker, the practice of discrimination or the taking of reprisals against the worker, sections 179 and 180 concerning temporary assignment and Chapter VII of the Act respecting the right to return to work do not apply to the Office.
The Office must ensure that first aid is given to a trainee who suffers an employment injury, in accordance with sections 190 and 191 of the Act, and must pay for the related costs.
Payment of assessment
4.4 The Office agrees to pay the assessment calculated by the Commission in accordance with the Act and the regulations made thereunder and the fixed administrative costs associated with each financial record.
For the purposes of this Agreement, the Office is also bound to make periodic payments, in accordance with section 315.1 of the Act.
4.5 For assessment purposes, the Office is deemed to pay wages that correspond, as the case may be, to the gross annual employment income of each trainee at the time the trainee registered in a program provided for in Schedule 1, to the unemployment insurance benefits received by the trainee or to the minimum wage, if the trainee has no other employment income.
The assessment is based on the wages that the Office is deemed to pay and on the length of the training period. However, the wages that the Office is deemed to pay may not in any case be less than $2,000 per trainee.
4.6 The Office sends to the Commission, before 15 March of each year, a statement setting out, in particular, the amount of gross wages paid to the trainees during the preceding calendar year calculated on the basis of the length of the training period.
4.7 The Office keeps a detailed register of the names and addresses of the trainees and, if trainees are employed during their training, the names and addresses of their respective employers.
The Office must make such register available to the Commission if the latter so requires.
Description of programs
4.8 The Office forwards to the Commission, on the coming into force of this Agreement, a description of every program appearing in Schedule 1.
New program or amendment
Every new program or every subsequent amendment to a program appearing in Schedule1 must be forwarded so that it may be evaluated and a decision may be made whether to include or to retain it under this Agreement.
OBLIGATIONS OF THE COMMISSION
5.1 The Commission considers a trainee covered by this Agreement to be a worker within the meaning of the Act, except in respect of travel between Québec and the country where the training period will be undertaken.
5.2 A trainee who suffers an employment injury is entitled to an income replacement indemnity from the first day following the beginning of his or her inability to carry on employment by reason of the injury.
Despite section 60 of the Act, the Commission pays to such trainee the income replacement indemnity to which the trainee is entitled.
Calculation of indemnity
5.3 For the purposes of calculating the income replacement indemnity, the trainee’s gross annual employment income is, as the case may be, that which the trainee derives from the remunerated employment the trainee has at the time the employment injury appears, that which corresponds to the unemployment insurance benefits received, that for which the trainee is registered with the Commission or, if the trainee is unemployed or is an independent worker not registered with the Commission, that determined on the basis of the minimum wage provided for in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3) and the regular work week referred to in section 52 of the Act respecting labour standards (chapter N-1.1), as they read on the date on which they are to be applied when the injury appears
Recurrence, relapse, aggravation
In the event of a recurrence, a relapse or an aggravation, where the trainee holds remunerated employment, the gross annual income is, for the purposes of calculating the income replacement indemnity, established in accordance with section 70 of the Act. However, if unemployed at the time of the recurrence, relapse or aggravation, the gross annual employment income is that which the trainee derived from the employment out or in the course of which the trainee suffered the employment injury; that gross income is revalorized on 1 January of each year from the date on which the trainee ceased to hold the employment.
5.4 At the request of the Office, the Commission opens a special financial record for each program covered by this Agreement.
Unit of economic activity
Such record must be classified in the unit corresponding to the economic activities described in the “Programme d’aide à la création d’emploi” unit or, should amendments be made after this Agreement is signed, in a unit corresponding to those activities.
Monitoring of progress
6.1 Within 15 days following the coming into force of this Agreement, both the Commission and the Office designate a person who will be responsible for monitoring the progress of this Agreement.
Addresses for notices
6.2 Every notice provided for in this Agreement must be sent to 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) President and Chief Executive Officer of the Office
Office Québec-Amériques pour la jeunesse,
265, rue de la Couronne, bureau 200
Québec (Québec) G1K 6E1
COMING INTO FORCE, TERM AND CANCELLATION
7.1 This Agreement takes effect on the date of coming into force of the Regulation made for that purpose by the Commission under section 170 and subparagraph 39 of the first paragraph of section 223 of the Act respecting occupational health and safety.
The Agreement remains in force until 31 December 2011.
7.2 It is subsequently renewed tacitly from one calendar year to the next, unless one of the parties sends to the other party, by registered or certified mail, at least 90 days before the term expires, a notice in writing to the effect that it intends to terminate the Agreement or make amendments thereto.
7.3 In the latter case, the notice must contain the amendments which the party wishes to make.
The sending of such notice does not preclude the tacit renewal of this Agreement for a period of 1 year. If the parties do not agree on the amendments to be made to the Agreement, the Agreement must be terminated, without further notice, at the expiry of that period.
CANCELLATION OF AGREEMENT
8.1 If the Office fails to comply with any of its obligations, the Commission may request that the Office remedy that failure within a period fixed by the Commission. Should the failure not be remedied within the period fixed, the Commission may cancel this Agreement unilaterally by giving notice in writing.
8.2 This Agreement is then cancelled on the date of the notice in writing.
8.3 In the event of cancellation, the Commission makes financial adjustments taking into account the amounts payable under this Agreement.
Any sum due after such financial adjustments have been made is payable on the due date appearing on the notice of assessment.
8.4 The parties may, by mutual agreement, cancel this Agreement at any time.
8.5 In the event of cancellation, neither party must be required to pay damages, interest or any other form of indemnity or charges to the other party.
IN WITNESS WHEREOF, the parties have signed
at _______________, on this __________ at _______________, on this___________
( ) day of _______________________ 2010. ( ) day of _______________________ 2010.
ALFRED PILON, LUC MEUNIER,
President and Chief Chair of the board of director
Executive Officer and Chief Executive Officer
Office Québec-Amérique Commission de la santé et de
pour la jeunesse de la sécurité du travail
SCHEDULE I TO THE AGREEMENT
LIST OF PROGRAMS SUBJECT TO THE AGREEMENT
— Training programs in the workplace outside Québec: