August 1, 2009

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May 6, 2026

Eight partners recognized as leaders in Canada for their expertise in infrastructure, according to Lexpert

On May 6, 2026, Lexpert recognized the expertise of five of our partners in its 2026 Lexpert Special Edition:Infrastructure. Laurence Bich-Carrière, Jean-Sébastien Desroches, Christian Dumoulin, Nicolas Gagnon, Édith Jacques, Marc-André Landry, Ouassim Tadlaoui and André Vautour now rank among Canada’s leaders in supporting economic players in the infrastructure industry. Laurence Bich-Carrière, is a member of the Quebec and Ontario Bar Associations, Laurence Bich-Carrière practices within the Litigation and Dispute Resolution group, in a versatile civil and commercial litigation practice specializing in complex litigation (class actions, appeals, extraordinary remedies, private international law). Jean-Sébastien Desroches practises business law and focuses primarily on mergers and acquisitions, infrastructure, renewable energy and project development as well as strategic partnerships. He has had the opportunity to steer several major transactions—complex legal operations, cross-border transactions, reorganizations, and investments—in Canada and at an international level on behalf of Canadian, American, and European clients and international corporations and institutional clients in the manufacturing, transportation, pharmaceutical, financial, and renewable energy sectors. Christian Dumoulin is a partner in the firm’s Business Law Group. He served as Managing Partner of the Sherbrooke office from 2015 to 2023 and sat on the firm’s Board of Directors from 2015 to 2017, and again in 2024. He specializes in mergers and acquisitions, commercial law and real estate law, and acts as a business and strategic advisor to clients of all sizes. Recognized for his rigour and practical approach, he supports clients in complex transactions (reorganizations, financings, sales and acquisitions, shareholder disputes). He has also been advising on infrastructure projects for more than fifteen years, including public-private partnerships, as well as on all aspects of commercial real estate law. Nicolas Gagnon focuses his practice on construction law and suretyship. He counsels contractors, public and private sector clients, professional services firms as well as surety companies at every stage of construction projects. He advises clients on the public bidding and procurement processes and participates in the negotiation and drafting of contractual documents involving various project delivery methods, such as public-private partnership projects and design, construction, financing and maintenance contracts. In addition to advising various construction industry stakeholders on construction management and any claims that may arise, he also assists them with dispute resolution processes. Édith Jacques is a partner in the Business Law Group in Montréal. She specializes in mergers and acquisitions and commercial and international law. Édith acts as strategic business advisor for medium to large private companies. Marc-André Landry is a member of the Litigation and Conflict Resolution group and focuses his practice on commercial litigation. He frequently assists his clients in resolving their disputes through negotiation, mediation or arbitration, or before the various courts of law. Over the years, he has represented businesses in many sectors, including construction, real estate, renewable energy, conventional energy, new technologies, financial services and pharmaceuticals. Ouassim Tadlaoui is a partner in the firm’s Litigation and Dispute Resolution Group and focuses his practice on banking litigation, restructuring, bankruptcy and insolvency, as well as construction surety. He represents chartered banks and other financial institutions and alternative lenders as creditors, as well as certain debtors, in bankruptcy and restructuring proceedings. He also represents and advises surety companies, as well as national and international businesses, in insolvency, bankruptcy and restructuring matters in the construction industry. André Vautour practises corporate law and commercial law, and is specifically interested in corporate governance, strategic alliances, joint ventures, investment funds, and mergers and acquisitions of private companies. He also practises technology law (drafting technology development and transfer agreements, licensing agreements, distribution agreements, outsourcing agreements, and e-commerce agreements). About Lavery Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction.

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June 10, 2026

The Legal Pitfalls of Using Human DNA and Tissue in Quebec-based Biotechnology Projects

Biotechnology projects rely on sensitive genetic data and biological material Nowadays, innovation-driven companies involved in life sciences, research and biotechnology handle some of the most legally sensitive assets: human tissue, biological material and genetic data. Innovation models involving tissue engineering, biobanks or AI-based analytical technologies are now based on the transfer and use of biological data with high scientific and commercial value. Yet, many organizations still prioritize the scientific and operational aspects of their projects without giving sufficient consideration to the legal restrictions that arise when a project involves a person’s DNA or biological material. From a business standpoint, the risk is that an organization—whether a private company or a public institution—might develop a technology, but then be unable to market that technology because it does not hold the necessary rights to use the biological material and information involved. In Canada, and particularly in Quebec, laws that protect personal and health information have become central to such projects.1 We are no longer simply dealing with typical cybersecurity or privacy concerns. These laws directly affect how biological material is: collected used transferred stored altered and potentially leveraged for commercial or collaborative research purposes2. Why DNA and human tissue are subject to a particular legal protection The highly sensitive nature of DNA and genetic data is no longer disputed. Canadian case law has long recognized the highly personal and private nature of this type of information.3 It also emphasizes the fact that human tissue and genetic data play a unique role in research and innovation projects because of the identification risks they carry, their scientific value, and the ethical and commercial concerns related to their use.4 This perspective is evident in section 2 of the Act respecting health and social services information5, for example, which defines health information as any information that concerns “any material taken from [a] person,” including biological material. Section 5 and following of this act set out the conditions under which such information may be used, disclosed or transferred in the context of research or collaboration involving third parties6 These obligations supplement those set forth in the Act respecting the protection of personal information in the private sector,7 which requires in particular that personal information be collected for specific and legitimate purposes, and that it be used in a manner consistent with the purposes for which it was originally collected.8 Artificial intelligence, genetic data and the risk of re-identification From a biotechnology perspective, the matter becomes particularly touchy when human tissue or genetic data, which was initially collected for clinical or scientific purposes, is then used for technology or artificial intelligence projects. In fact, many projects that utilize artificial intelligence require not only biological samples and DNA, but also phenotypic data, health information and family history information from the patients from whom the biological samples were obtained. As such, there is a real risk of data cross-referencing here that must be managed with full awareness of the potential impact on those individuals. In certain projects, combining DNA with family information could compromise the privacy of not only the individuals from whom the biological material was collected, but also their family members. This problem has already been raised in relation to genetic genealogy.9 Consent, health information and secondary uses tend to be overlooked A project that was initially intended for research purposes can quickly drift into secondary uses that extend beyond its original scope. However, consent obtained at the outset does not necessarily cover all future uses, particularly where derived data or analysis results are integrated into technology platforms or used to develop analytical tools.10 Research agreements and biological material transfer agreements constitute an essential governance mechanism Agreements have thus become the key governance mechanism. Biological material transfer agreements, collaborative research agreements and data-related provisions are no longer solely intended to protect intellectual property or commercial confidentiality. They also serve to define the processes involved in transferring biological samples, ensuring data traceability, imposing restrictions on reuse and meeting anonymization requirements.11 The rights relating to intellectual property, DNA and personal information are interconnected The interplay between biotech innovation, intellectual property and personal information protection raises complex legal issues. A genetic database or a biological model derived from it can be both a strategic business asset AND a collection of highly sensitive personal information. However, any intellectual property rights that may apply to the results, algorithms or analytical methods do not exempt organizations from the obligations set out in Quebec laws regarding the protection of personal and health information12. On the contrary, in order to market a technology, organizations must hold not only the necessary intellectual property rights but also the rights required under the legal framework governing health and personal information. The commercialization of a technology begins long before it is brought to market As organizations increasingly seek to leverage data from scientific research, issues related to the governance of human tissue, DNA and biological material should no longer be treated as a secondary consideration addressed only at the end of a project. They are becoming an integral part of the legal, operational and commercial framework of modern biotechnology projects and therefore deserve careful consideration from the outset. Summary 1. From a legal standpoint, DNA is considered to be health information In Quebec, biological material and genetic data are not merely instruments of research. Under the law, they are defined as highly sensitive “health information”. The collection, use and transfer of this type of information is strictly regulated and requires explicit, informed consent. 2. Intellectual property does not confer all rights to the holder Just because a company develops a high-performance AI algorithm or an innovative biological model does not mean it can circumvent Quebec’s privacy laws. Bringing biotech products to market requires holding the necessary intellectual property rights AND complying with the legal framework governing the use of health data. 3. The pitfall of project drift (secondary uses) Consent obtained at the outset of a clinical research project usually does not extend to future uses, such as the integration of data into AI platforms. Organizations that fail to establish a solid contractual framework (e.g., transfer agreements, anonymization clauses) from the start may never be able to market their technology. Act respecting health and social services information, CQLR c R-22.1, ss. 1, 2, 5, 44 to 49 and 77. Act respecting the protection of personal information in the private sector, CQLR c P-39.1, ss. 4, 5, 8, 12 and 14. R. v. Dyment, 1988 CanLII 10 (SCC), [1988] 2 SCR 417 Marie Hirtle and Bartha Maria Knoppers, Le stockage des éléments du corps humain, les droits de propriété intellectuelle et les autres droits de propriété, Industrie Canada, 2014. Act respecting health and social services information, supra, note 1, s. 2. Id., ss. 5, 44 to 49 and 77. Act respecting the protection of personal information in the private sector, supra, note 2. Id., ss. 4, 5, 8, 12 and 14. Clausius, K., Kenny, E. & Crawford, M. J. (2023). BILL S-231: The Ethics of Familial and Genetic Genealogical Searching in Criminal Investigations. Canadian Journal of Bioethics / Revue canadienne de bioéthique, 6(3-4), 44–56. Act respecting health and social services information, supra, note 1, ss. 44 to 49; Act respecting the protection of personal information in the private sector, supra, note 2, ss. 12 and 14. Act respecting health and social services information, supra, note 1, ss. 48 and 49; Act respecting the protection of personal information in the private sector, supra, note 2, ss. 18.3 and 23. Act respecting health and social services information, supra, note 1, ss. 5 and 49; Act respecting the protection of personal information in the private sector, supra, note 2, ss. 12, 17 and 18.3.

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April 20, 2026

Professional disciplinary matters: The Professions Tribunal reiterates the conditions required to accept a guilty plea

In the Henry decision rendered on January 16, 2026,1 the Professions Tribunal reiterated what framework applies to a guilty plea in disciplinary matters. In this case, the professional had pleaded guilty during his conviction hearing. After having ascertained that his pleas were made freely and voluntarily, the Disciplinary Council of the Ordre des dentistes (the “Council”) declared him guilty. However, the Council had not ensured that the professional admitted to the facts relating to the key elements of the offences at issue. During the penalty hearing, the professional raised questions about his guilty pleas. Although the Council had considered whether his pleas were valid and whether to withdraw them and return the case to a conviction hearing, the hearing continued and penalties were imposed on the professional. On appeal of the Council’s decision, the Professions Tribunal concluded that the Council had erred in accepting the professional’s guilty pleas when it had become clear that he denied the facts put forward in support of the charges against him. The Professions Tribunal concluded that the Disciplinary Council of the Ordre des dentistes had erred in accepting the appellant’s guilty plea when it had become clear that he denied the facts put forward in support of the charges against him. The Professions Tribunal reasons were based on the following: The Professional Code2 contains no specific provisions governing the entering of a guilty plea.3 In the absence of specific rules, disciplinary law can draw inspiration from the criteria developed in criminal and penal law.4 By pleading guilty, the professional waives their right to a formal investigation and associated procedural safeguards.5 Pleading guilty is a significant decision in disciplinary proceedings, as it inevitably brings the investigation to a close and has detrimental consequences on the professional who pleads guilty.6 This decision serves as a reminder of the two-prong test7 a Disciplinary Council must use to accept a guilty plea: Admission by the professional: The professional must have formally admitted to the key legal elements of the offence.8 To be valid, a guilty plea must be voluntary, unequivocal and made with full knowledge of its effects and consequences.9 Acceptance by the Council: The Council may only accept the plea after ensuring that the professional knows and understands the nature of the offence they are charged with and the effects of their guilty plea. The Council must also confirm that the professional admits to the facts relating to the key elements of the offence in question.10 This decision also introduces the requirement to submit a joint statement of the facts11 or provide an account of the facts that led to the offences in order to properly contextualize them.12 Failure to comply with these requirements could result in the professional’s guilty plea being contested or dismissed by the Disciplinary Council. More recently in the Fernandez decision,13 the Disciplinary Council of the College des médecins was called upon to rule on whether the requirements of the Henry decision applied, in particular regarding the filing of a joint statement or account of the facts giving rise to the offences. In this case, the Council had taken cognizance of the Henry decision after having accepted the professional’s guilty plea, and no joint statement had been filed. After allowing the parties to present their observations, the Council declared itself satisfied with the parties’ claims that the Fernandez case differed from the Henry case in that Dr. Fernandez had admitted to the facts relating to the essential elements of the charge, that he had filed a 17-page statement, and that the Syndic had filed documents containing the accounts of eight patients. It will be interesting to follow how case law will develop on this issue to confirm what direction the various disciplinary councils will take. The members of Lavery’s professional and disciplinary law team regularly represent professional orders and professionals. They are available to advise you and answer your questions. Summary A guilty plea may expedite the disciplinary process, but it has the effect of depriving the accused professional of certain procedural safeguards. It is important to ensure that the conditions of validity and acceptance of a guilty plea are met, otherwise it may be dismissed or overturned on appeal. Summary evidence must be taken before a professional pleads guilty, whether it be through the filing of a joint statement of facts, the presentation of an account of the facts by one of the parties or the submission of documentary evidence. Henry c. Dentistes (Ordre professionnel des), 2026 QCTP 1 2 CQLR C-26. Henry c. Dentistes (Ordre professionnel des), 2026 QCTP 1, para. 24 Id. Id. Id., para. 27 Id., para. 25 Id., para. 26 Id., para. 28 Id., para. 27 and 29. Id., para. 30 Id., para. 31 Médecins (Ordre professionnel des) c. Fernandez, 2026 QCCDMD 5

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March 18, 2026

Behind the Scenes of Sports, Data Never Takes a Break

The World Anti Doping Agency suffered a data breach in 2016—a vivid illustration that even the most prominent sporting institutions are not immune to cyber incidents. The authorities have now formalized what was previously just an observation: In a bulletin published in 2024, the Canadian Centre for Cyber Security warned that the entire sports ecosystem—spectators, athletes, organizations and government representatives—is the target of cyberattack campaigns. Malicious actors will attempt extortion through business email compromise, ransomware attacks, phishing, malicious websites and search engine poisoning, among others. Take heed, as when an incident occurs that is serious enough to require a report to the authorities, it is often too late to establish sound governance and engage in due diligence. The sporting competitions of today are producing massive amounts of data. The quantity is staggering, and the data itself almost Orwellian. Check the tables below to see for yourself. Data collected on athletes League Information collected NFL Performance data (statistics, position and movement metrics, speed, and passing, rushing and receiving yards) Medical and/or health data (examinations, injuries, concussion protocols) Substance screening data Data on disciplinary actions and investigations Professional and contractual data Travel, logistics and security data NHL Performance data Medical and/or health data (examinations, injuries, concussion protocols) Substance screening data Data on disciplinary actions and investigations Professional and contractual data Travel, logistics and security data MLB Performance data Medical and/or health data (examinations, injuries, concussion protocols) Substance screening data Data on disciplinary actions and investigations Professional and contractual data Travel, logistics and security data Collection of customer information online League Information collected NFL Information provided by individuals Identifiers: name, email, address, telephone number, date of birth; unique identifiers (username, password, SSN and other government identifiers if required, e.g. for awards) Demographic data and other protected categories: gender, race, ethnicity, sexual orientation Financial and commercial information: payment data, purchase history Real-time geolocation; precise geolocation Communication and marketing preferences Favorite team and inferences about preferences Audio, electronic and visual information (e.g., photos provided) Biometric data, if you opt for biometric authentication at the stadium; with consent and additional notice if required Information about your contacts (name, email) that you share; if authorized, access to your contacts, calendars and photos Search queries Content posted (comments, forums) Professional and employment information Education information Information that may be health-related (e.g., accessible seating) Correspondence, waivers, consents and other information sent Automatic collection Device and network identifiers and technical data: IP address, MAC address, advertising identifiers, device type, browser, OS Usage: page views, links clicked, browsing journeys, application usage data Tracking and emails: cookies, pixels, tags, interaction with emails (opened emails, clicks) Social media (if linked): data received according to your settings and the platform’s policy Logs and traffic: server logs, stadium Wi-Fi traffic Video and audio recordings: CCTV and pictures taken or video recorded during events NHL Information provided by individuals Identifiers and contact information (name, email, telephone number, address, date of birth) Commercial information (payments, purchases, services) Demographic data (language, age, gender, race, ethnicity, household composition and income) Preferences (favourite team, favourite players) Photos and/or videos Content, feedback (comments, surveys) Contact information of friends Application data (resume, references, checks permitted) Automatic collection Activity and interactions (content viewed, bids, purchases, time spent, cookies, tags), access methods (browser, OS, IP address, browsing history before and after) Device information and identifiers (type, unique identifiers, local content if allowed) Location (GPS, Bluetooth, Wi-Fi, cells) Inferences about preferences Commercial information about transactions (e.g., timestamps) Collection from third parties Member clubs (ticketing, login credential, usage logs) Fanatics, NHL Shop, NHL Auctions (name, email, items purchased; marketing engagement statistics) Other business partners, public sources, commercial sources (data brokers) Connected social media (according to the platform’s settings and policies) NHL teams* Contact information: name, email address, home address, gender, date of birth, telephone number (e.g., ticket purchase, ticket transfer, account creation, inquiries, contests, promotions) Demographic data and preferences (age group, race, gender; preferred events, preferred products, e.g., surveys) Health data related to accessibility needs Video surveillance in venues (security; sharing limited by law) Anonymous traffic analysis and device counting (cameras, technological devices; Wi-Fi); statistics that can be shared with partners Depersonalized web analytics (Google Analytics); opt-out option Online advertising and/or remarketing (Google, Facebook, LinkedIn, etc.) through cookies; opt-out mechanisms (platform settings; DAAC) Geolocation through applications if enabled Social media: profile data and authorized interactions Technical data (IP, browser, OS, resolution, location, language, origin, keywords, pages viewed, data entered, ads viewed), identifiers (IDFA, AAID), connection information (operator, ISP, Wi-Fi); ability to recognize a device) MLB Information provided by individuals Identifiers and contact information: full name, email address, home address, telephone numbers, date of birth Security and authentication: password Payments: payment details Demographic data: demographic characteristics Content and recordings: voice recordings, audiovisual recordings Preferences and interests: information about your interests and preferences Activity and event related data: information requested for an activity or event (e.g., emergency contact) Sensitive personal information: as defined by applicable laws (e.g., racial or ethnic origin; health information such as disabilities or allergies) Automatic collection Technical and usage data: IP addresses, device data, usage data Location and contacts: location data; contacts saved on your mobile device Collection from third parties Data from third parties and integrations: information provided by other companies if individuals connect their services * This data is collected about website users, people who visit venues, people who apply for jobs or participate in contests, people who submit drafts. How leagues are structured Regarding privacy and personal information, we must look at how sports leagues are organized to understand who does what. In most cases, sports leagues are non-profit organizations or corporations. An entire framework of rules is built around these structures, defining both how governance is done and what business model is used. First, there are the articles of association and by-laws, which dictate governance, team admissions, voting rights, and the powers of the commissioner or board of directors. There are also the sporting and competition regulations regarding eligibility, game schedules, transfers, drafts, salary caps and cost control mechanisms. The leagues also adopt integrity and security policies against doping, betting and manipulation, harassment and abuse, as well as commercial agreements covering broadcasting, sponsorships, ticketing and data leveraging, among others. There can also be collective agreements with players’ associations and formal dispute resolution mechanisms. In this environment, the league plays a central role. It generally has the power to adopt, interpret and amend its rules; admit teams; manage expansion and relocation projects and changes of control; as well as the power to impose sanctions such as fines, point deductions, suspensions or exclusions. It also centralizes strategic commercial rights, media rights, trademarks and data, and it implements revenue-sharing policies designed to maintain a competitive balance between teams. Personal information: the roles of each Teams In day-to-day relations with athletes and customers, teams are generally the main point of contact. They sign contracts with players, sell tickets, manage subscriptions and operate online stores and loyalty programs. In practice, teams are often the ones that collect personal information, that explain what the information is used for, that decide what information needs to be collected and that put in place security and incident management measures. Teams must therefore be able to clearly inform athletes and customers about the purposes for which personal information is collected, the means by which it is collected, the categories of information collected, who receives the information, and the rights that athletes and customers have. Teams must limit collection to what is necessary. They must ensure that information is accurate; they must obtain valid, manifest, free, informed and explicit consent for sensitive information such as health or biometric data; they must implement security measures adapted to risks; they must manage and report confidentiality incidents likely to cause serious harm; they must respond to requests for access and rectification; and they must stringently govern the sharing of information with service providers and mandataries. Athletes and customers often see the team as the true holder of their data. Leagues The role leagues play regarding personal information is more difficult to understand, as it varies depending on activities. When a league directly collects information from an individual, for example through an official application, a broadcasting platform or a transactional site for its own purposes, it must assume responsibilities comparable to those a team has. This is what MLB Advanced Media does, for example, defining itself as a “data controller” with respect to its customers’ data. But in many cases, the league acts behind the scenes. In some respects, it acts as a mandatary for the teams, negotiating and signing technology contracts, broadcasting agreements and other commercial agreements that will be used by the teams. In other respects, it acts as a service provider, offering centralized technology platforms, ticketing systems, data infrastructure and shared administrative services. Under Quebec law, these two roles—mandatary and service provider—are treated the same: The team can transmit to the league the information it needs to perform the mandate or service contract without having to ask for the consent of each person again, provided that a written agreement imposes clear measures to protect privacy, limits the use of data to the sole purposes of the mandate or service and governs data retention. The league must also promptly inform a team’s privacy officer of any privacy breach or attempted privacy breach and allow the officer to conduct checks. Also, teams and the league can always choose to base certain exchanges of information on the explicit consent of athletes or customers. However, such consent must be genuinely explicit, free, informed, given for specific purposes and presented separately when asked to be given in writing. Conclusion Although professional leagues are the ones in the spotlight, the same logic applies to amateur or non-professional sports organizations. In all cases, the relationship between the league, the team and the athlete or customer must be clearly governed from a privacy standpoint. Sports organizations should map the flow of personal information, harmonize the information messages they give to the those concerned, establish a standard agreement governing the sharing of information between teams and the league, provide simple mechanisms for access and rectification, and have key employees trained in privacy matters. Incorporating these points into articles of association, by-laws and team and league agreements will reduce risks and strengthen the confidence of athletes, parents, fans and business partners. Yet, a fundamental question still remains: Given that by law, data can only be collected for serious and legitimate reasons (necessity criterion), is the mass of information currently collected in the sports ecosystem really warranted? Sports organizations will have no choice but to delve into this strategic issue.

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December 10, 2025

Occupational health and safety: Understanding employers’ new obligations

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.

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