R-24.0.2 - Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements

Section 30 Disposition versions

2024-12-01

30. Where, in accordance with section 30 of the Act respecting the governance of the health and social services system (chapter G-1.021), the Minister modifies the division of the territory of a health region in which a resource association is recognized or has filed an application for recognition, the Minister so notifies the association or associations concerned in writing.

The recognized association or associations continue to represent the resources they represented before the modification until the Tribunal rules on their representativeness with respect to the new division of the territory of the health regions concerned.

Upon such ruling, the Tribunal may

(1)  grant or amend a recognition; or

(2)  recognize the resource association whose membership comprises an absolute majority of the resources in the modified health region, or hold a secret ballot under section 16 and grant recognition to the association that obtains the most votes in accordance with that section.

Despite the second paragraph of section 27, the group agreement that is binding on the association recognized for the group of resources in the modified health region applies, as of the date on which it is recognized, to all the resources.

The Tribunal revokes the recognition of any resource association that no longer meets the conditions set out in this Act.

2009, c. 24, s. 30; 2015, c. 15, s. 237; 2023, c. 34, s. 1240.

2016-01-01

30. If the Minister authorizes the amalgamation or a change in the legal structure of the public institution with respect to which a resource association has been recognized or has filed an application for recognition, the Minister notifies the association or associations concerned in writing.

The recognized association continues to represent the resources attached to the original public institution until the Tribunal rules on the representativeness of the association given the new public institution concerned.

Upon such ruling, the Tribunal may

(1)  grant or amend a recognition; or

(2)  recognize the resource association whose membership comprises an absolute majority of the resources attached to the new public institution, or hold a secret ballot under section 16 and grant recognition to the association that obtains the most votes in accordance with that section.

Despite the second paragraph of section 27, the group agreement that is binding on the association recognized for the group of resources attached to the new public institution applies, as of the date on which it is recognized, to all the resources.

The Tribunal revokes the recognition of any resource association that no longer meets the conditions set out in this Act.

2009, c. 24, s. 30; 2015, c. 15, s. 237.

2009-06-12

30. If the Minister authorizes the amalgamation or a change in the legal structure of the public institution with respect to which a resource association has been recognized or has filed an application for recognition, the Minister notifies the association or associations concerned in writing.

The recognized association continues to represent the resources attached to the original public institution until the Commission rules on the representativeness of the association given the new public institution concerned.

Upon such ruling, the Commission may

(1)  grant or amend a recognition; or

(2)  recognize the resource association whose membership comprises an absolute majority of the resources attached to the new public institution, or hold a secret ballot under section 16 and grant recognition to the association that obtains the most votes in accordance with that section.

Despite the second paragraph of section 27, the group agreement that is binding on the association recognized for the group of resources attached to the new public institution applies, as of the date on which it is recognized, to all the resources.

The Commission revokes the recognition of any resource association that no longer meets the conditions set out in this Act.

2009, c. 24, s. 30.