The reform of the occupational health and safety system that was initiated in 2021 has reached one of its final steps as new obligations for employers come into force. As of October 6, 2025, employers must comply with several provisions of the Act to modernize the occupational health and safety regime (“the AMOHSR”), as well as the Regulation respecting prevention and participation mechanisms in an establishment (“the Regulation”), in effect since October 1, 2025. As concerns about psychosocial risks are growing in our society and, in particular, in the workplace, the need, or even the obligation, for employers to take reasonable measures to protect the health, safety and physical and psychological integrity of workers has become very important. In fact, according to a study conducted by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), statistics on psychosocial risks (violence, stress, harassment) show that there has been a 71.4% increase in injuries attributable to this type of risk since 2020.1 Thus, recent legislative and regulatory changes aim to strengthen the protection of workers’ physical and psychological health. They require employers to take a proactive approach in order to adapt to societal changes. It goes without saying that this approach also promises to reduce the costs arising from legal action, complaints, and claims for employment injuries made to the CNESST. Psychosocial risks in the workplace The recent amendments made by the AMOHSR explicitly recognize the importance of employers identifying, correcting and controlling psychosocial risks in the workplace, on the same footing as all other risks that may affect the health and safety of workers.  The main new features of the permanent regime The permanent regime establishing prevention and participation mechanisms in an establishment is enacted by the Regulation, under the Act respecting occupational health and safety (AMOHSR). It replaces the “interim mechanisms” that initially applied when the AMOHSR came into force. The main changes concern the obligations to prepare a prevention program or action plan, to implement it and to update it. The obligations of establishments with 19 or fewer workers a) To prepare and implement an action plan. The action plan is a prevention tool intended to eliminate, at the source, dangers to the health, safety, and physical and mental well-being of workers.2 The AMOHSR stipulates that the action plan must, at a minimum, include the following elements:3 “the identification of the risks that may affect the health of the establishment’s workers, including the chemical, biological, physical, ergonomic and psychosocial risks related to the work, as well as the risks that may affect the workers’ safety; the measures and priorities for action to eliminate or, failing that, to control the identified risks, giving precedence to the hierarchy of preventive measures established by regulation as well as the scheduling to accomplish the measures and priorities; the supervision and maintenance measures to ensure that the identified risks are eliminated or controlled; the identification of the individual protective means and equipment that, in addition to being in compliance with the regulations, are those best adapted to meet the needs of the establishment’s workers; and the occupational health and safety training and information.” b) To designate a health and safety liaison officer. The liaison officer plays a key role in the establishment’s worker participation mechanism. In particular, this person collaborates on the preparation and implementation of the action plan. The liaison officer issues written recommendations to the employer and participates in the identification and analysis of risks, including psychosocial risks, that may affect the health and safety of workers.4 Obligations of establishments with 20 or more workers a) To prepare and implement a prevention program. The prevention program includes all the elements of the action plan, but is more complex and offers a long-term overview of how prevention is organized in the workplace.5 The AMOHSR specifies the minimum elements that the prevention program must include.6 In short, this program includes the following in addition to what is provided for in the action plan: Pre-employment medical checkups and medical examinations during employment Establishing and updating a list of dangerous substances and contaminants Maintaining an adequate first aid service to respond to emergencies The AMOHSR amended this program, which was initially provided for under the AROH, to explicitly include the protection of workers’ mental health by adding the analysis of psychosocial risks. b) To establish a health and safety committee. The health and safety committee (“HSC”) plays an important role, particularly in developing the prevention program, identifying risks, including psychosocial risks, and analyzing the workplace; it proposes measures to correct and control these risks.7 In the absence of an agreement between the employer and the workers, the Regulation provides for the makeup of the HSC, the procedures and methods for appointing the workers’ representatives, and the rules of operation of the HSC.  c) To designate a health and safety representative. The health and safety representative is a member of the HSC and assists it in its mandates, including workplace inspections, receiving and analyzing accident reports, and identifying hazards, including psychosocial risks, for workers.8 In the absence of an agreement between the members of the HSC, the Regulation stipulates the minimum time required for the performance of the health and safety representative’s duties (which depends on the number of workers and the level of the establishment).9 The training obligation The health and safety liaison officer must participate in a theoretical training course developed by the CNESST within one year of their appointment as liaison officer.10 The health and safety representative and the members of the HSC must also complete a theoretical training course of a minimum duration of one day, delivered by the CNESST or by a person or organization recognized by it, within 120 days of their appointment.11 Note that the CNESST offers employers an information tool through its occupational health program which focuses on three increasingly prevalent psychosocial risks: violence, harassment and exposure to a potentially traumatic event. This program provides an overview of the identification of these risks and offers, as an example, a table of preventive measures that can be taken depending on the risk and the psychosocial factor concerned. 12 Conclusion By putting an emphasis on psychosocial risks and adapting the prevention mechanisms, these additions to the health and safety regime aim to guarantee a healthy and safe working environment. The legislation gives employers a transition period to comply with the new obligations. As of October 6, 2025, employers have one year to implement either the prevention program or the action plan.13 Both must be updated annually.14 These new obligations are part of a trend among legislators to enhance workplace prevention measures, focusing in particular on worker participation, training, and information sharing. To that end, the Regulation respecting the measures to prevent or put a stop to sexual violence was published in draft form on October 29, 2025.15 Employers will have new obligations regarding the information they must provide to workers, particularly concerning workplace risks that have been identified or analyzed in relation to situations of sexual violence.16 Furthermore, under this draft regulation, a procedure for handling complaints or reports will need to be established, as well as specific training on situations of sexual violence.17 Companies must assess and adjust their practices in order to meet these new obligations. Commission des normes, de l’équité, de la santé et de la sécurité du travail, Statistiques sur les risques psychosociaux liés au travail (statistics on work-related psychosocial risks), October 2025. S. 147 AMOHSR inserting s. 61.2 of the Act respecting occupational health and safety (“the AROH”). Ibid; CNESST, Contenu du plan d’action (content of an action plan). S. 167 AMOHSR inserting s. 97.2-97.3 of the AROH. CNESST Comment se préparer à nos nouvelles obligations en santé et en sécurité au travail? (how to prepare for the new occupational health and safety obligations) October 2025, p. 7. S. 144 AMOHSR amending s. 59 of the AROH; CNESST. Contenu du programme de prévention. S. 150 AMOHSR replacing s. 68 of the AROH; s. 154 AMOHSR amending s. 78 of the AROH. S. 161 AMOHSR replacing s. 87 of the AROH; s. 163 AMOHSR amending s. 90 of the AROH.   Section 7 of the Regulation. S. 167 AMOHSR inserting s. 97.5 of the AROH. Sections 34-36 of the Regulation. CNESST. Programme de santé au travail(occupational health program), October 2025. Section 4 of the Regulation. Section 5 of the Regulation. GAZETTE OFFICIELLE DU QUÉBEC, October 29, 2025, Vol. 157, No. 44 Section 3 of the draft Regulation respecting the measures to prevent or put a stop to sexual violence (“Draft Regulation”). Sections 4-6 of the Draft Regulation.

Lavery celebrates International Women’s Day today   Today, Wednesday, March 8, we celebrate International Women’s Day. IWD is an opportunity to honour those who inspire us every day and who continue to demonstrate the progress we’ve made towards gender equality in the workplace, setting an example for future generations. This year, several of the firm’s women professionals shared why they decided to become lawyers. They talked about how they view women’s contributions to the evolution of the legal profession, how the profession has changed since they started and how it will continue to change. Louise Cérat Former Partner I decided to become a lawyer as the result of a simple but happy accident. From the beginning of my legal studies, I was aware of how lucky I was. I’ve sincerely enjoyed practicing law and have always felt privileged to be part of this community and the firm, which is the only place I’ve ever practiced, a place I am deeply attached to. When I first started out, the situation in the 80’s could have, in many ways, scared off even the most fearless among us. At first, there were not many women in the field. There were only two of us when I joined Lavery, which had been created following a recent merger and which comprised, if I’m not mistaken, about fifty lawyers at the time. Bear in mind, it was only in 1980 that the Act to establish a new Civil Code introduced the notion of equality between spouses in the management of family property and the education of children. However, the recognition of gender equality in 1980 didn’t mean that it was immediately reflected in the legal world as it is today. For example, there was no maternity leave policy in most large law firms until the late 1980s, and even then it was a rather feeble policy aimed only at salaried lawyers. The few women lawyers who became partners and got pregnant had to cover the income the firm lost as a result of their absence, not to mention the other difficulties they faced. Since then, stronger numbers have won us some battles, but the campaign is not over yet! The influx of female lawyers has brought an abundance of talent, renewed professionalism, a fresh perspective and added value to the legal world and to society in general, which were lacking for far too long. As we celebrate International Women’s Day, I call on men’s support to achieve equality for their wives, sisters, colleagues and friends, and I’m confident we’ll get there.   Justine Beauchesne Associate I realized this was the career I wanted to pursue during my time at university. Very early on in my career, I had a strong interest in business law, especially transactional law. I like the idea of being more than just a company’s lawyer, which is why I also see myself as a business partner. This profession is full of challenges, but accompanying our clients through transactions that are often significant milestones in their lives gives me a strong sense of accomplishment.   Women have made important contributions to the legal community throughout history, despite facing obstacles and discrimination. Women fought for the right to study law, to be admitted to the bar and to practice. These efforts have enabled today’s women to become judges, legal professionals and leaders in the field of law.   In recent years, women have continued to break down barriers in the legal world. There are more and more women law school graduates, and they are increasingly represented in the justice system and in leadership roles. They play a key role in shaping the legal community and in advocating for gender equality and social justice.   I believe women have brought new insight and a different approach to the legal profession. They have also been instrumental in the fight for gender equality and social justice, making significant contributions to the development of the legal system and shaping the legal landscape and even society as we know it. The increased presence of women in the legal world, and particularly in management positions, is bringing a much-needed change to this more conservative environment. If more women take on leadership roles in law firms, corporate legal departments and other legal organizations, they can help to create a more diverse and inclusive profession that is gender sensitive and more reflective of the communities it serves.     Marie-Hélène Jolicoeur Partner From the beginning, I had a desire for justice and fairness. I was also determined to speak up for those who can’t speak for themselves, who find it difficult to express or defend themselves, or who have trouble arguing a position with determination. I wanted to understand the law in order to be able to interpret it and ensure that it is properly applied. Women sometimes have different skills; they can present things from an alternative perspective and convince people in a different way. Women’s contribution to the legal profession is substantial and I feel it is recognized by my male peers. I’ve noticed that more and more women are finding their place in the business, building confidence and being heard. I see them in decision-making roles, which has been positively received. They are supported by their peers. I believe that they will continue to play an increasingly important role, if that’s what they want, and as long as they express this desire and remain supported.   Marie-Pier Landry Article Student I was motivated to become a lawyer by the varied intellectual challenges, the development opportunities and the human relations at the heart of the legal practice. I am lucky to have many women role models in my professional circle. I see empathy, leadership and passion in their practice. I am certain that bringing more women into the legal profession makes for a more inclusive and fair legal system.   Sophie Roy Senior Associate At first, I was first driven by the concept of justice. I also wanted to become a lawyer in order to speak out and be heard. Without falling into gender stereotypes, women’s presence has certainly contributed to making the legal profession more inclusive. The ability to listen and to collaborate seem to be increasingly important values.   Justine Chaput Associate What inspired me to become a lawyer was first and foremost my desire to make a difference in my community and to tackle the intellectual challenges of the legal field.   I believe women have brought new insight and a different approach to the legal profession. They have also been instrumental in the fight for gender equality and social justice, making significant contributions to the development of the legal system and shaping the legal landscape and even society as we know it. I am confident that the contribution of women to the legal profession will continue to evolve and help eliminate prejudice and discrimination in order to ensure equal opportunities.   Marie-Nancy Paquet Partner I have always felt that I needed to fulfil my dreams and use my talents. This was especially important to me because my mother regretted all her life that she had not been able to achieve her professional goals, and she suffered as a result of this. For her children, it was an exhortation to never give up. Moreover, for as long as I can remember, I have had a tendency to be very vocal. It soon became clear to me that a career as a lawyer would be an opportunity to put my skills to good use. Having said that, I didn’t really know what it meant to be a lawyer, as no one in my environment practised law or had even been to university. In my opinion, the contribution of women to the evolution of the legal profession is essential. We must not forget where we started and how far we have come thanks to the courage of our predecessors. I can’t help but think of all the women who would have had the talent to practice law, but couldn’t even think about doing that in their day. In the legal profession, women first had to prove that they had as much right to be there as their male colleagues. I have deep admiration for the trailblazing women who embraced careers as lawyers when they were the outliers in their classes. One look through a yearbook from the 1950s-1960s is enough to see that women were hardly there at the time. Among the 70 or so law graduates at my university in 1960, there were only three women. It took courage to study law as a woman! Things have changed and there are far more women in the field now, especially in the undergraduate cohorts. But challenges remain. However, one element is worth noting, and that is the influence that women have had on the transformation of the work-life balance. The fact that young men working in law are now also interested in this issue is undoubtedly due to the fact that women have entered the profession and, more generally, all areas of professional life. Looking towards the future, we must continue to work to ensure that the remaining glass ceilings are broken and that both men and women can find an equal place in the profession.   Jennifer Younes Article Student Growing up, I witnessed a range of situations where individuals were marginalized. As a result, I chose to study law to reduce the inequalities that exist between different groups of people. In my opinion, lawyers are the voice of justice and I chose to become a lawyer because I wanted to serve the cause of justice. Certainly the growing number of women in the legal profession in recent decades has had a positive impact on the evolution of the legal profession. The sharp increase in the representation of women has enabled the courts to have a more complete appreciation of certain issues, and will continue to do so into the future. In my opinion, the more stories we have in the field, the deeper and more diverse our legal discussions become. And the more diverse the legal community becomes, the more accessible it will be to members of these previously unrepresented groups.

In May 12, 2017, the Court of Québec1 concluded that an emergency call centre had no liability for property damage caused by first responders who broke down the door of a residence in order to assist a user in respiratory distress. In this case, the Court held that a call centre who required the intervention of a first responders service cannot be held liable for damages caused during the ensuing intervention, despite the fact that the call centre clerk had made a mistake by not providing the first responders with the access code to open the door. At the hearing, the facts were not contested by the call centre, which acknowledged that the access code for the front door had been provided to the call centre dispatcher but not to the first responders. Despite that mistake, the Court dismissed the action on the basis of the exoneration of liability provided for in section 42(2) of the Act respecting Pre-hospital emergency services2 (hereinafter the “Act”): 42. No person who acts as a first responder under this Act in accordance with the clinical intervention protocols determined by the Minister under section 39 shall incur liability for any injury that may result from his or her intervention, unless the injury is due to an intentional or gross fault. The immunity also applies to the authority having established the first responder service. Likewise, the person or body having required the intervention or assistance of a first responder service may not be held liable for any injury resulting from the intervention. [our emphasis] The Court held that the scope of this provision extended to the emergency call centre as “[a] body having required the intervention or assistance of a first responder service”.3 Up until this point, the provision had never been interpreted by the courts. Therefore, the Court stated that in the absence of any evidence of intentional or gross fault, the defendants could not be held liable pursuant to the second paragraph of section 42 of the Act respecting Pre-hospital emergency services.4 The clerk’s failure to provide the door access code, although an error, was not intentional and cannot be characterized as a gross fault. Furthermore, the Court stated that given that the firemen had to act very quickly, it cannot be presumed that they would have used the code to open the door to the user’s residence even if they had been in possession of that information. Furthermore, the evidence indicated that neighbours present at the relevant time told the first responders that they had the code for opening the door. In short, in the absence of evidence of intentional or gross fault, an emergency call centre could not be held liable. In our view, this decision is consistent with the object of the Act as set out in section 1, namely to “ensure that persons in need of pre-hospital emergency services are at all times able to obtain an appropriate, efficient and quality response aimed at reducing the mortality and morbidity rate among the recipients of pre-hospital emergency services”. Acting in concert with the first responder, the emergency call centre must also be able deliver rapid intervention by concentrating on its primary objective, which is to assist people in distress, without fear of being sued.   Roy v. Groupe Alerte Santé inc., 2017 QCCQ 6729 (hereinafter the “Roy” case). Act respecting Pre-hospital emergency services, CQLR, c. S-6.2 (hereinafter the “Act”). Ibid., s. 42 (2). Roy, supra note 1, para. 15.

In Dollo v. Premier Tech Ltée,1 the Superior Court of Québec declared a clause contained in the Stock Option Plan (the “Plan”) offered by Premier Tech Ltée (“Premier Tech”) to some of its employees to be abusive and also declared Premier Tech’s conduct towards a dismissed senior executive to be oppressive within the meaning of the Canada Business Corporations Act (“CBCA”).THE FACTSIn May 1999, Premier Tech hired Christian Dollo (“Dollo”) as vice-president, finance. In 2001, Dollo was offered the opportunity to acquire stock options (hereinafter, the “Options”) of the corporation over time by participating in the Plan. Premier Tech’s shares then became publicly traded and Dollo acquired some of the shares in accordance with the Plan. In June 2004, he became president of Premier Horticulture, one of Premier Tech’s main subsidiaries.Premier Tech once again became a private corporation in February 2007. At that time, some executives holding Options, including Dollo, were asked to acquire shares. As part of the privatization of Premier Tech, new Options were offered to Dollo.During 2009, members of Premier Tech’s management team felt that Dollo’s performance fell short of the corporation’s expectations and that the relationship of trust was deteriorating. At the same time, Dollo became aware of clause 8.01.2 of the Plan, which stipulated that in the event of termination for any reason other than the death, retirement or disability of the participant, he or she would lose all of his or her Options which were vested but not yet exercised unless the Board of Directors decided otherwise. Worried about the existence of this clause, he requested information from the corporation’s management team and was reassured with respect to the possibility of losing his vested Options in the event of his termination.In August 2010, Dollo was terminated. At the time, he held 71,100 shares of the corporation and 207,619 vested Options. During the months that followed, Premier Tech and Dollo settled their disputes, with the exception of Dollo’s Options. During the fall of 2010, Dollo requested that the Board of Directors exercise its discretion under clause 8.01.2 of the Plan in order to allow him to retain his vested Options. The Board of Directors refused.In March 2011, Dollo instituted proceedings against Premier Tech and its majority shareholder. He asked the Court to declare clause 8.01.2 to be abusive and to recognize his right to exercise his vested Options (in order to collect the profits in the amount of $1,313,847). He added that Premier Tech was abusing its rights and was acting in an oppressive manner within the meaning of the CBCA. He further submitted that he had been illegally terminated and, accordingly, he claimed the value of the Options that he would have acquired and that he could have exercised during the twelve months following his termination.THE DECISION OF THE SUPERIOR COURT OF QUÉBECWAS CLAUSE 8.01.2 OF THE PLAN ABUSIVE?The Court first concluded that the Plan constituted an adhesion contract and that the context of the privatization of the corporation did not offer Dollo any real possibility to intervene with respect to the main provisions of the Plan.With regards to clause 8.01.2, the Court ruled that it was abusive and void. Following an in-depth analysis of the expert testimony, it concluded that such a clause [TRANSLATION] “is not found in the rules generally governing this type of contract” and that [TRANSLATION] “this type of clause is a rarity in the context of commercial practice.” The Court added that Dollo’s vested Options in fact constituted significant long-term incentive compensation. Under the Plan, this long-term compensation was not linked to Dollo’s performance. Rather, the last Options which were granted to Dollo in 2007 were vesting at the end of each month, regardless of his performance. The Court deemed it to be unreasonable that the use of clause 8.01.2 would cause the loss of such vested compensation. The loss of compensation that was vested in Dollo for the previous years during which Premier Tech benefited from his dedication lead the Court to conclude that clause 8.01.2 was not only unreasonable but it was also excessive.Finally, according to the Court, clause 8.01.2 was similar to a purely discretionary clause insofar as Premier Tech, in deciding to terminate Dollo, made a decision (namely, not to recognize that Dollo was entitled to exercise his vested Options) which depended entirely upon its discretion. Although the Court did not hold clause 8.01.2 to be truly purely discretionary, it was of the view that such a similarity supported it being qualified as abusive.However, the Court dismissed Dollo’s request regarding the Options he would have acquired during the twelve-month period following his termination since it would be inappropriate to provide a Plan member with “long-term compensation” to retain and motivate him while his employment was already terminated. Contractual justice demanded that this request be denied.WAS DOLLO TERMINATED WITHOUT CAUSE?The Court noted that Dollo’s termination could only be qualified as an administrative dismissal. In this context, the following steps must be followed:(1) The employee must be aware of the business’ policies and his employer’s expectations in his regard;(2) He or she must have been notified of his or her shortcomings;(3) He or she must have received the necessary support to correct him or herself and to reach his or her objectives;(4) He or she must have been provided with reasonable time to adjust;(5) He or she must have been warned about the risk of termination in the absence of improvement.The Court found that Dollo was only informed of the reasons for his dismissal following the institution of the proceedings against Premier Tech, that he received no support which would have allowed him to improve and that he had received no warning as to the risk of termination. In light of these elements, the Court was of the opinion that Dollo had been terminated without cause.WAS PREMIER TECH’S CONDUCT OPPRESSIVE WITHIN THE MEANING OF THE CBCA?The Court last reviewed the issue of whether the conduct of Premier Tech and its majority shareholder justified recourse to the oppression remedy in accordance with section 241 of the CBCA. It first established that Dollo constituted a plaintiff under the CBCA since it is possible to attribute this status to a person who was promised a portion of the share capital of a corporation. In addition, when he petitioned the Board of Directors regarding the exercise of his vested Options, Dollo was still a shareholder of Premier Tech. Finally, Dollo was a “potential shareholder” who would have been entitled to additional shares were it not for (abusive) clause 8.01.2.The Court mentioned that Dollo had legitimate expectations both of benefiting from the Plan, which constituted long-term compensation, and that his rights as an employee would be respected. According to the Court, Dollo had a right to expect that his termination be carried out in compliance with the steps provided for in the case law. Due to this non-compliance, Dollo was unable to exercise his options and protect himself from the brutal application of clause 8.01.2. The Court noted that simply declaring that clause 8.01.2 was void may not be enough to allow Dollo to benefit from the long-term compensation. In fact, [TRANSLATION] “legal and financial stumbling blocks [particularly the issue of financing the acquisition of the shares] will be found on the road to an easy resolution of this dispute.”2The Court therefore allowed the oppression remedy, concluding that the conduct of Premier Tech and its majority shareholder was abusive, and applied some remedial measures explicitly provided for at section 241 CBCA by:(1) Ordering the issuance of Premier Tech shares to Dollo;(2) Modifying the clauses of a contract to which Premier Tech was a party to settle the financing problems for the issuance of the shares (forcing Premier Tech to finance the issuance of the shares to Dollo);(3) Ordering Premier Tech’s majority shareholder to buy the shares so issued to Dollo, to reimburse Premier Tech for the financing of the issuance of the shares (that is, $612,857) and to pay the balance of the sale price to Dollo (that is, $1,313,847); and(4) Modifying clauses in the unanimous shareholders’ agreement in order to enable Dollo to receive the balance of the sale price of his shares notwithstanding the existence of certain provisions in the agreement which could have been invoked against him.For the full text of the decision (in French), click here.This decision of the Superior Court is currently on appeal._________________________________________1. 2013 QCCS 6100.2. Paragraph 356 of the decision.