The OFFICE QUÉBEC/WALLONIE-BRUXELLES pour la jeunesse, having its head office at 11, boulevard René-Lévesque Est, Montréal, represented by Alfred Pilon, Joint Executive Secretary, duly authorized,
hereinafter called “THE AGENCY”
The COMMISSION DE LA SANTÉ ET DE LA SÉCURITÉ DU TRAVAIL, having its head office at 524, rue Bourdages, Québec, represented by Luc Meunier, Chair of the Board of Directors and Chief Executive Officer, duly authorized,
hereinafter called “THE COMMISSION”
UNDER SECTION 16 OF THE ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY
WHEREAS the Agence Québec/Wallonie-Bruxelles pour la jeunesse was established under the Agreement signed on 31 May 1984 between the Gouvernement du Québec and the Executive of the Communauté française de Belgique concerning the Agence Québec/Wallonie-Bruxelles pour la jeunesse made pursuant to the cooperation agreement of 3 November 1982;
WHEREAS section 8 of the Act to recognize bodies promoting international exchanges for young people (chapter O-10) provides that the Agence Québec/Wallonie-Bruxelles pour la jeunesse is a legal person and that the agreement governing the Agence and any subsequent amendment made to it shall be published in the Gazette officielle du Québec;
WHEREAS sections 9 and 10 of that Act provides that the Agence Québec/Wallonie-Bruxelles pour la jeunesse shall have the rights and privileges of a mandatary of the State and the provisions of Title V of Book I of the Civil Code shall apply to the Agence;
WHEREAS, on 29 March 2007, the Gouvernement du Québec and the Government of the Communauté française de Belgique entered into a new agreement relating to the Agence Québec/Wallonie-Bruxelles pour la jeunesse, and under section 1 of the Agreement, the Agence Québec/Wallonie-Bruxelles pour la jeunesse becomes the Office Québec/Wallonie-Bruxelles pour la jeunesse;
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 a legal person under section 138 of that Act;
WHEREAS,under section 170 of that 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 mission of the agency is to offer various individual or group training programs, designed as professional springboards to enable young people aged 18 to 35 to take part in an international initiative directly related to their field of studies, their sector of professional activity and their social involvement;
WHEREAS the agency has requested that the Act respecting industrial accidents and occupational diseases (chapter A-3.001) apply to trainees covered by this Agreement and that it intends to assume the obligations prescribed for employers;
WHEREAS section 16 of that Act provides that 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 that provision also provides that the second paragraph of section 170 of the Act respecting occupational health and safety applies to such an agreement; accordingly, the Commission shall make regulations in order to give effect to an agreement extending the benefits of the 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 respecting industrial accidents and occupational dieases (chapter A-3.001), hereinafter called “the Act”.
PURPOSES OF THE AGREEMENT
2.1 The purposes of this Agreement are to provide for the application of the Act to trainees of the agency and to determine the respective obligations of the Office Québec/Wallonie-Bruxelles pour la jeunesse and the Commission de la santé et de la sécurité du travail 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, that for which the trainee is registered with the Commission or, if the trainee has no remunerated employment or is not registered with the Commission at the time the injury appears, the trainees usual 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 injury appeared;
(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;
(d) agency means the Office Québec/Wallonie-Bruxelles pour la jeunesse;
(e) trainee means a person who is doing work under the programs administered by the agency, in particular the programs provided for in the Schedule, except a person covered by section 10 or paragraph 4 of section 11 of the Act.
OBLIGATIONS OF THE AGENCY
4.1 The agency is deemed to be the employer of any trainee covered by this Agreement.
Despite the foregoing, the employer-employee relationship shall be recognized as such for the purposes of indemnity, assessment and imputation of the cost of benefits payable under the Act and shall not be considered as an admission of a factual situation lending itself to interpretation in other fields of activity.
4.2 As the employer, the agency 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 having occurred in the establishments within the meaning of the Act respecting occupational health and safety where the trainees are present and the obligation to notify 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
Despite the foregoing, the agency is required to make the register available solely to the Commission.
At the request of the Commission, the agency shall send a description of the program and of the 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 agency.
The agency shall see to it that first aid is given to a trainee who suffers an employment injury, in accordance with sections 190 and 191 of the Act, and pay the related costs.
Payment of assessment
4.4 The agency undertakes to pay the assessment calculated by the Commission in accordance with the Act and its regulations and the fixed administrative costs associated with each financial record.
For the purposes of this Agreement and from the coming into force of section 315.1 of the Act, the agency is also required to make periodic payments in accordance with that section.
4.5 For assessment purposes, the agency is deemed to pay wages that correspond, as the case may be, to the annual gross employment income of each trainee at the time the trainee registered in a program provided for in the Schedule, to the employment 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 agency is deemed to pay and on the length of the training period. However, the wages that the agency is deemed to pay may not in any case be less than $2,000 per trainee.
4.6 The agency shall send to the Commission, before 15 March, a statement setting out, in particular, the amount of gross wages, calculated on the basis of the length of the training period, paid to the trainees during the preceding calendar year.
For an assessment year preceding the year in which section 315.1 of the Act comes into force, the agency shall also include in that statement an estimate of the gross wages calculated on the basis of the length of the training period of the trainees registered or likely to be registered for a training period during the current calendar year.
4.7 The agency shall keep a detailed register of the names and addresses of the trainees and, if the trainees are employed during their training period, the names and addresses of their respective employers.
The agency shall put the register at the disposal of the Commission if the latter so requires.
Description of programs
4.8 The agency shall send to the Commission, upon the coming into force of this Agreement, a description of the programs provided for in the Schedule.
New program or amendment
Every new program or every subsequent amendment to a program provided for in the Schedule shall be sent so as to determine whether to include it or retain it under this Agreement.
OBLIGATIONS OF THE COMMISSION
5.1 The Commission shall consider 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 carried out.
5.2 A trainee who suffers an employment injury is entitled to an income replacement indemnity from the first day following the beginning of the trainee’s inability to carry on employment by reason of the employment injury.
Despite section 60 of the Act, the Commission shall pay to such a trainee the income replacement indemnity to which the trainee is entitled.
Computation of the indemnity
5.3 For the purpose of computing 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 employment insurance benefits received, that for which the trainee is registered with the Commission or, if the trainee is unemployed or a self-employed 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 (R.R.Q., 1981, 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 or aggravation
In the event of a recurrence, a relapse or an aggravation, when the trainee has a remunerated employment, the gross annual income is, for the purpose of computing the income replacement indemnity, established in accordance with section 70 of the Act. However, if the trainee is unemployed at the time of the recurrence, relapse or aggravation, the gross annual income is that which the trainee derived from employment out of or in the course of which the employment injury appeared; that gross income is revalorized on 1 January of each year from the date the trainee ceased to hold the employment.
5.4 At the request of the agency, the Commission shall open a special financial record for each program provided for in the Schedule.
Unit of activity
Such record shall be classified in the unit corresponding to the 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 of agreement
6.1 Within 15 days of the coming into force of this Agreement, both the Commission and the agency shall designate a person responsible for monitoring the progress of this Agreement.
Addresses for notices
6.2 Every notice prescribed by this Agreement shall be sent to the Commission and agency to the following persons and at the following addresses:
(a) Le Secrétaire de la Commission
Commission de la santé et de la sécurité du travail
1199, rue de Bleury, 14° étage
Montréal (Québec) H3C 4E1;
(b) Le Secrétaire général de l’Office
Office Québec/Wallonie-Bruxelles pour la jeunesse
11, boulevard René-Lévesque Est, bureau 100
Montréal (Québec) H2X 3Z6.
COMING INTO FORCE, TERM, AMENDMENT AND CANCELLATION
7.1 This Agreement takes effect on the date of coming into force of the Regulation adopted by the Commission under sections 170 and 223 of the Act respecting occupational health and safety to give it effect.
This Agreement remains in force until 31 December 2008.
7.2 It shall subsequently be 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 end of the term, a notice in writing indicating that the party intends to terminate or make amendments to the Agreement.
7.3 In the latter case, the notice shall contain the amend ments which the party wishes to make.
The sending of such a notice shall not preclude the tacit renewal of this Agreement for a period of one year. If the parties do not agree on the amendments to be made to the Agreement, the Agreement ends, without further notice, at the end of the period of tacit renewal.
7.4 The parties may amend this Agreement by mutual agreement at any time.
7.5 If the agency fails to comply with any of its obligations, the Commission may request that the agency remedy that failure within a period set by the Commission. Should the failure not be remedied within the period set, the Commission may cancel this Agreement unilaterally upon written notice.
7.6 The Agreement is then cancelled on the date the notice in writing was sent.
7.7 The parties may cancel this Agreement by mutual agreement at any time.
7.8 In the event of cancellation, the Commission shallmake financial adjustments on the basis of the amounts payable under this Agreement.
Any amount due after the financial adjustments have been made is payable on the due date appearing on the notice of assessment.
7.9 In the event of cancellation, neither party shall 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 Québec, this Friday, At Québec, this eighteenth
fourteenth (14th) day of (18th) day of
December 2007 December 2007
ALFRED PILON, LUC MEUNIER,
Secretary General Chair of the Board of
Office Québec/ Directors and
Wallonie-Bruxelle Chief Executive Officer
pour la jeunesse Commission de la santé
et de la sécurité du travail