On February 24, Bill 14, An Act to ensure the Protection of Trainees in the workplace (hereinafter the “Act”), received assent. The purpose of this Act is to provide better protection for people completing a training in a workplace. For this reason, it contains several provisions similar to those found in the Act respecting labour standards1 (hereinafter the “ALS”). First of all, the Act covers training that is required to obtain a permit to practice issued by a professional order or as part of a program of studies or training program offered by an educational institution that leads to a diploma, certificate or attestation of studies.2 The protection of trainees applies whether the training is paid or not and regardless of where the training is carried out in the workplace, as long as the employer’s residence, domicile, business, head office or office is located in Quebec. It also applies to trainees domiciled or resident in Quebec who do training outside Quebec with an employer.3 OBLIGATIONS FOR THE EMPLOYER The employer, the educational institution and the professional order must inform all trainees of the rights provided for in the Act, allow trainees to be absent for the various reasons provided for in the Act, and ensure that the successful completion of the studies or training, or the obtainment of the permit to practice, is not compromised by the exercise of a right provided for in the Act.4 The legislator expressly provides that the standards relating to training conditions contained in this Act are of public order and that any provision of an agreement or decree that departs from them is absolutely null.5 However, as is the case with the ALS, it is possible to grant trainees more advantageous conditions for completing the training than those prescribed by this Act. PROTECTIONS FOR TRAINEES In line with the provisions already found in the ALS, the Act expands the protection of trainees with respect to statutory holidays, absences and psychological harassment. Statutory holidays: A trainee may be absent from their training on the following days:6 January 1; Good Friday or Easter Monday (employer’s choice); The Monday preceding May 25; June 24; July 1 (or, if this date falls on a Sunday, July 2); The first Monday in September; The second Monday in October ; December 25. However, if the trainee is required to participate in their training on any of these days, they are entitled to a compensatory holiday of one day, to be taken during the training period done with the same employer. There are special provisions for the statutory holiday on June 24.7 Absences due to sickness or family/parental reasons: A trainee may be absent from their training on the following days: Ten (10) days per year due to sickness, to fulfill obligations related to the care, health or education of the trainee’s child or spouse’s child, or due to the health condition of a relative or person for whom the trainee is acting as a caregiver;8 One (1) or five (5) days on the occasion of the death or funeral of a close relative, with the length of the absence determined by the relationship;9 One (1) day on the day of their wedding or civil union, or that of one of the family members listed;10 Five (5) days on the occasion of the birth or adoption of a child, or when a termination of pregnancy occurs after the twentieth (20th) week of pregnancy;11 and For a medical examination related to the trainee’s pregnancy.12 Psychological harassment: The Act provides that every trainee has the right to a training environment free of psychological harassment. The employer and, as the case may be, the educational institution or professional order, must take reasonable measures to prevent psychological harassment and, when such conduct is brought to their attention, to protect the trainee and put a stop to it. The psychological harassment prevention and complaint processing policy must be made available to trainees and applied to them with the necessary adaptations.13 RECOURSE The Commission des normes, de la santé et de la sécurité du travail (hereinafter, the “CNESST”) supervises the implementation and application of the training conditions provided for in the Act.14 Prohibited practices: No employer, educational institution or professional order, or their agents, may end training or dismiss, suspend or transfer, practise discrimination or take reprisals against, or otherwise impose any sanction on a trainee as a result of the trainee exercising a right under the Act, or for certain grounds under section 122 of the ALS.15 A trainee who believes that they have been the victim of a prohibited practice may file a complaint with the CNESST within forty-five (45) days of the occurrence. A non-profit organization dedicated to the defence of students’ rights, a students’ association or a students’ association alliance can also file a complaint with the CNESST on behalf of a trainee who consents to it.16 If it is established to the satisfaction of the Administrative Labour Tribunal (ALT) that the trainee exercised a right arising from the Act, there is a simple presumption in the trainee’s favour that the sanction or measure was imposed because of the exercise of that right. In this case, the employer, educational institution or professional order has to prove that the sanction or action was taken for good and sufficient reason.17 Psychological harassment: A trainee or, as the case may be, a non-profit organization dedicated to the defence of students’ rights, a students’ association or a students’ association alliance, can file a complaint with the CNESST if the trainee believes they have been a victim of psychological harassment. This complaint must be filed within two (2) years of the last occurrence of the conduct. However, the trainee may not file a complaint with the CNESST if they are an employee covered by a collective agreement, insofar as a recourse against psychological harassment is available to the employee under the agreement.18 If the ALT concludes that a trainee has been the victim of a prohibited practice or psychological harassment, it may, among other things, order that the trainee be reinstated in their training with all their rights and privileges, that accommodation measures be implemented, or order to comply with any other measure intended to safeguard the trainee's rights, such as a provisional order.19 PENAL SANCTIONS Any person that contravenes the Act, including by offering training conditions inferior to those specified in the Act, is liable to a fine of $600 to $1,200 and, in the case of a subsequent offence, $1,200 to $6,000.20 The members of our Labour and Employment Law group are available to advise you and answer your questions. CQLR, c. N-1.1. Section 1. Section 1. Section 4. Section 6. Sections 9 and 10. Section 10. Depending on the situation, trainees have the right to be absent on June 25 or the right to a compensatory holiday of one day, to be taken either on the business day before or after June 24, or during the training period done with the same employer. Section 11. Sections 12 and 13. Section 14. Section 15. Section 17. Section 19. Section 7. Section 20. Section 21. Section 25. Section 26. Section 30. Section 32.
- Québec, 2009
Laurence Bourgeois-Hatto is a partner in the Labour and Employment Law Group. She specializes in occupational health and safety matters regarding issues within the jurisdiction of the Administrative Labour Tribunal (ALT) as well as penal infractions prosecuted by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) (labour standards, employment equity and occupational health and safety board) that are heard in the Court of Québec’s Criminal and Penal Division.
Laurence also advises employers in connection with employment agreements, labour relations, collective agreement decrees and the protection of personal information. She has developed particular expertise with respect to labour relations in the construction industry.
Laurence regularly appears before the courts in civil and penal matters, as well as before administrative tribunals such as the Administrative Labour Tribunal (ALT).
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- COVID-19: sound OHS practices key to continued operations, 2020
- Relief for employers as payment of dues to CNESST is deferred, 2020
- Criminal negligence of an employer: imposition of a severe and onerous penalty, 2020
- Difficulty in Conciliating Freedom of Religion and the Protection of Workers, 2019
- The Quebec Court of Appeal Con rms the Power of the Administrative Labour Tribunal to Determine a Worker’s Capacity to Return to Pre-Injury Employment on a Case-By-Case Basis, 2018
- Worker Safety on Construction Sites: a Contractor Found Guilty of Manslaughter, 2018
- The Court of Appeal Clarifies the Rules for Transferring Bene t Costs, 2018
- Caron: The Supreme Court Reiterates the Employer’s Duty to Accommodate, 2018
- Workplace Safety Obligations at the Port of Montreal: Hardhats Over Turbans, 2016
- Statements offence Can Now Cost You Even More!, 2016
- Unreasonable Delays in Criminal and Penal Matters: the Supreme Court Toughens the Rules!, 2016
- The Supreme Court of Canada Confirms the Primacy of the Professional Secrecy of Lawyers and Notaries Over Government Audits, 2016
- Montreal’s Blue Collar Union Tries to Avoid Paying $2 Million in Punitive Damages: the Court of Appeal Says No!, 2016
- Inherent Financing Costs, 2016
- Fatal Work Accident: an Ontario Court Sentences a Project Manager to 3 ½ Years in Prison, 2016
- Obligation to Accommodate and the Act Respecting Industrial Accidents and Occupational Diseases: the CSST and the CLP Now Have to Take Them Into Account, 2015
- Workplace Safety: a Contractor Loses his Construction Licence and is Charged With Manslaughter, 2015
- June 6, 2015 is the Deadline for Safe Management of Asbestos by Employers, 2015
- Symposium 2019 – Labour & Employment Law, 2019
- Symposium on Labour & Employment Law, 2016
- The Canadian Legal LEXPERT® Directory in the field of worker’s compensation, 2022
- LL.B., University of Montréal, 2008
- Minor in Communication sciences, University of Montréal, 2005
Lavery is pleased to announce that 67 of its lawyers have been recognized as leaders in their respective fields of expertise by The Best Lawyers in Canada 2023. The following lawyers also received the Lawyer of the Year award in the 2023 edition of The Best Lawyers in Canada: René Branchaud : Natural Resources Law Chantal Desjardins : Intellectual Property Law Bernard Larocque : Legal Malpractice Law Patrick A. Molinari : Health Care Law Consult the complete list of Lavery's lawyers and their fields of expertise: Josianne Beaudry : Mergers and Acquisitions Law / Mining Law Laurence Bich-Carrière : Class Action Litigation / Corporate and Commercial Litigation / Product Liability Law Dominic Boivert : Insurance Law (Ones To Watch) Luc R. Borduas : Corporate Law / Mergers and Acquisitions Law Daniel Bouchard : Environmental Law Laurence Bourgeois-Hatto : Workers' Compensation Law René Branchaud : Mining Law / Natural Resources Law / Securities Law Étienne Brassard : Equipment Finance Law / Mergers and Acquisitions Law / Real Estate Law Jules Brière : Aboriginal Law / Indigenous Practice / Administrative and Public Law / Health Care Law Myriam Brixi : Class Action Litigation Benoit Brouillette : Labour and Employment Law Richard Burgos : Mergers and Acquisitions Law / Corporate Law Marie-Claude Cantin : Insurance Law / Construction Law Brittany Carson : Labour and Employment Law Eugene Czolij : Corporate and Commercial Litigation France Camille De Mers : Mergers and Acquisitions Law (Ones To Watch) Chantal Desjardins : Intellectual Property Law Jean-Sébastien Desroches : Corporate Law / Mergers and Acquisitions Law Raymond Doray : Privacy and Data Security Law / Administrative and Public Law / Defamation and Media Law Christian Dumoulin : Mergers and Acquisitions Law Alain Y. Dussault : Intellectual Property Law Isabelle Duval : Family Law Chloé Fauchon : Municipal Law (Ones To Watch) Philippe Frère : Administrative and Public Law Simon Gagné : Labour and Employment Law Nicolas Gagnon : Construction Law Richard Gaudreault : Labour and Employment Law Danielle Gauthier : Labour and Employment Law Julie Gauvreau : Intellectual Property Law Michel Gélinas : Labour and Employment Law Caroline Harnois : Family Law / Family Law Mediation / Trusts and Estates Marie-Josée Hétu : Labour and Employment Law Alain Heyne : Banking and Finance Law Édith Jacques : Energy Law / Corporate Law Pierre Marc Johnson, Ad. E. : International Arbitration Marie-Hélène Jolicoeur : Labour and Employment Law Isabelle Jomphe : Intellectual Property Law Guillaume Laberge : Administrative and Public Law Jonathan Lacoste-Jobin : Insurance Law Awatif Lakhdar : Family Law Bernard Larocque : Professional Malpractice Law / Class Action Litigation / Insurance Law / Legal Malpractice Law Myriam Lavallée : Labour and Employment Law Guy Lavoie : Labour and Employment Law / Workers' Compensation Law Jean Legault : Banking and Finance Law / Insolvency and Financial Restructuring Law Carl Lessard : Workers' Compensation Law / Labour and Employment Law Josiane L'Heureux : Labour and Employment Law Despina Mandilaras : Construction Law / Corporate and Commercial Litigation (Ones To Watch) Hugh Mansfield : Intellectual Property Law Zeïneb Mellouli : Labour and Employment Law Patrick A. Molinari : Health Care Law André Paquette : Mergers and Acquisitions Law Luc Pariseau : Tax Law Ariane Pasquier : Labour and Employment Law Jacques Paul-Hus : Mergers and Acquisitions Law Hubert Pepin : Labour and Employment Law Martin Pichette : Insurance Law / Professional Malpractice Law Élisabeth Pinard : Family Law François Renaud : Banking and Finance Law / Structured Finance Law Judith Rochette : Insurance Law / Professional Malpractice Law Ian Rose FCIArb : Director and Officer Liability Practice / Insurance Law Chantal Saint-Onge : Corporate and Commercial Litigation (Ones To Watch) Éric Thibaudeau : Workers' Compensation Law André Vautour : Corporate Governance Practice / Corporate Law / Information Technology Law / Intellectual Property Law / Technology Law Bruno Verdon : Corporate and Commercial Litigation Sébastien Vézina : Mergers and Acquisitions Law Yanick Vlasak : Corporate and Commercial Litigation Jonathan Warin : Insolvency and Financial Restructuring Law These recognitions are further demonstration of the expertise and quality of legal services that characterize Lavery’s professionals.
A team composed of Éric Thibaudeau, Laurence Bourgeois-Hatto, Catherine Deslauriers, Mélanie Desjardins and Cinthia Gauvreau is joining Lavery Lawyers in the Labour and Employment Law group in Montréal and Quebec City. The integration of Éric Thibaudeau and his team will further consolidate the firm’s leadership in labour law. This latest recruitment is part of our comprehensive approach to providing 360-degree client service and solidifying our position as a growth partner for key players in the Quebec economy. Nine other professionals joined our ranks during the last quarter, for a total of ten salaried professionals and four partners. This strengthens our legal teams in corporate law, litigation, intellectual property and labour law. Expertise at the service of our 360° approach, the key to our firm’s growth The pandemic has shown us that the labour law issues faced by employers affect all sectors of the Quebec economy. The addition of five seasoned professionals will enhance our employer advisory services, help our clients manage the legal and strategic aspects of employment and expand our firm’s comprehensive service offering in two of our four business centres. Their cutting-edge expertise, in the field of construction in particular, will help to address the many challenges facing an industry that is foundational to Quebec’s economic recovery, especially where workforce management is involved. Our firm’s attractiveness and reputation confirmed by the acquisition of exceptional talent “Lavery’s reputation in labour law is well established. The excellent reputation of its integrated service offer within the business community and its leadership position in a changing industry were determining factors in our decision to join the firm,” says Éric Thibaudeau, partner at Lavery. “The arrival of Éric, Laurence, Catherine, Mélanie and Cinthia in the extended Lavery family is a testament to the attractiveness of our platform, whose reputation, both in Quebec and outside our local market, rests above all on the acumen of our professionals and the quality of the mandates that our clients entrust to us. We are delighted that they chose Lavery to pursue their careers,” concludes Anik Trudel, CEO of Lavery.