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Gazette officielle du Québec. Québec official gazette.
La Gazette officielle du Québec est le journal officiel de l'État québécois. Parue pour la première fois le 16 janvier 1869, elle diffuse chaque semaine l'ensemble des textes dont la publication est requise : lois, règlements, décrets, arrêtés, avis, etc. Pour les éditions publiées depuis 1996, consultez le site Web des Publications du Québec. [...]
La Gazette officielle du Québec est le journal de diffusion des textes gouvernementaux dont la publication est requise : lois, règlements, décrets, arrêtés, avis, nominations, etc. La publication présente chaque semaine les textes qui ont valeur officielle pour la gouvernance et la conduite des nombreuses sphères d'activité de la société québécoise.

La Gazette est la plus ancienne publication de l'Éditeur officiel du Québec, aujourd'hui les Publications du Québec. Jusqu'en 1972, la Gazette officielle a paru sous un titre unique. Depuis 1973, elle est scindée en deux parties. La première publie les avis juridiques qui émanent du gouvernement et des autres organismes régis par les lois québécoises. La seconde diffuse les lois, règlements, décrets et autres textes dont la publication est obligatoire. À partir de 1977, la deuxième partie est publiée séparément en français et en anglais, la version anglaise paraissant avec quelques jours de décalage. La publication simultanée des deux versions a été imposée par la Cour suprême du Canada en 1979.

Les avis et ordonnances du gouvernement de la colonie sont imprimés à Québec dès 1764, au moment où le premier journal québécois, la Gazette de Québec, publication bilingue, est désigné par le gouverneur Murray pour les diffuser. William Brown, Samuel Neilson, et surtout John Neilson, puis Samuel Neilson et son associé William Cowan éditent la Gazette de Québec jusqu'en 1823, alors que John Charlton Fisher, plus loyal au pouvoir, commence la publication de la Gazette de Québec publiée par autorité. La Canada Gazette, aussi de nature officielle, sera publiée en parallèle à partir de 1841. C'est le 16 janvier 1869, à la suite de la création du Canada, que le nouveau gouvernement québécois publie le premier numéro de la Gazette officielle du Québec.

En plus des textes de nature juridique produits par le gouvernement, la Gazette officielle du Québec publie l'ensemble des références officielles concernant les collectivités, qui permettent de retracer l'histoire des municipalités, des commissions scolaires et des paroisses. On y trouve aussi de l'information sur la construction des ponts, ainsi que sur l'ouverture des routes et des chemins de fer.

On trouve dans la Gazette officielle du Québec la documentation relative à la constitution et à la dissolution de compagnies, de syndicats, d'associations, et de corporations professionnelles. Des avis, comme des demandes de changement de nom, des ventes par shérif et des actions en séparation de corps et de biens, y sont aussi régulièrement publiés.

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Dès les premières années de la publication, les hommes politiques, le clergé, les municipalités et les professionnels des milieux juridiques en sont les principaux destinataires. La Gazette est tirée à 1500 exemplaires en 1871. En 1994, 125 ans après sa première parution, le tirage cumulatif de la partie 1, de la partie 2 et de la version anglaise atteint 9000 exemplaires.

Il est à noter que les décrets gouvernementaux ne sont pas publiés systématiquement dans la Gazette officielle du Québec. S'il ne trouve pas ce dont il a besoin, le chercheur peut se tourner vers le fonds d'archives Ministère du Conseil exécutif (E5) conservé au Centre d'archives de Québec de BAnQ.

La Gazette officielle du Québec - 125 ans d'édition gouvernementale, Québec, Publications du Québec, 1993, 219 p.

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[" Part 2 Laws and Regulations Volume 122 21 November 1990 ;Œa?ŒŒ No.47 ^Jf* rj?* rjf* «\"îj?^Jl\"^ r^ ^5$^ rjf* #^ -tJ^ * *J* *J* *|* ^ «|* *j* ^?^ *3^* *J* Québec ss Gazette officielle du Québec Part 2 Laws and Regulations Volume 122 21 November 1990 No.47 Summary Table of contents Regulations Draft Regulations Index Legal deposit\u2014 I \"Quarterly 1968 Bibliothèque nationale du Québec © Éditeur officiel du Québec, 1990 NOTICE TO READERS The Gazette officielle du Québec (Laws and Regulations) is published under the authority of the Act respecting the Ministère des Communications (R.S.Q., c.M-24) and the Regulation respecting the Gazette officielle du Québec (O.C.3333-81 dated 2 December 1981 amended by O.C.2856-82 dated 8 December 1982 and O.C.1774-87 dated 24 November 1987).Part 2 of the Gazette officielle du Québec is published at least every Wednesday under the title \"LOIS ET RÈGLEMENTS\".If a Wednesday is a legal holiday, the Official Publisher is authorized to publish on the preceding day or on the Thursday following such holiday.1.Part 2 contains: 1° Acts assented to, before their publication in the annual collection of statutes; 2° proclamations of Acts; 3° regulations made by the Government, a minister or a group of ministers and of Government agencies and semi-public agencies described by the Charter of the French language (R.S.Q., c.C-ll), which before coming into force must be approved by the Government, a minister or a group of ministers; 4° Orders in Council of the Government, decisions of the Conseil du trésor and ministers' orders whose publication in the Gazette officielle du Québec is required by law or by the Government; 5° regulations and rules made by a Government agency which do not require approval by the Government, a minister or a group of ministers to come into force, but whose publication in the Gazette officielle du Québec is required by laws; 6° rules of practice made by judicial courts and quasi-judicial tribunals; 7° drafts of the texts mentioned in paragraph 3 whose publication in the Gazette officielle du Québec is required by law before their adoption or approval by the Government.2.The English edition The English edition of the Gazette officielle du Québec is published at least every Wednesday under the tide \"Part 2 \u2014 LAWS AND REGULATIONS\".When Wednesday is a holiday, the Official Publisher is authorized to publish it on the preceding day or on the Thursday following such holiday.The English version contains the English text of the documents described in paragraphs 1, 2, 3, 5, 6 and 7 of section 1.3.Rates 1.Subscription rates Part 2 (French) .77 $ per year English edition .77 $ per year 2.Rates for sale separate numbers Separate numbers of the Gazette officielle du Québec sell for 4,40 $ a copy.For information concerning the publication of notices, please call: Gazette officielle du Québec 1279, boul.Charest Ouest, 9- étage Québec GIN 4K7 Téléphone: (418) 644-7795 Offprints or subscription only: Offprints Ministère des Communications Service des ventes postales CP.1005 Québec G1K 7B5 Téléphone: (418) 643-5150 Subscriptions Service à la clientèle Division des abonnements CP.1190 Outremont (Québec) H2V 4S7 Téléphone: (514) 948-1222 Table of contents Page Regulations 1553-90 Confédération des caisses populaires et d'économie Desjardins du Québec \u2014 Liquidity funds, deposit funds and investment funds of federations \u2014 Financial standards applying to credit unions and federations.2817 1572-90 Regional councils, public and private establishments \u2014 Directors general and senior and intermediate officers \u2014 Remuneration.2819 1575-90 Hairdressers \u2014 Hull (Amend.).2829 1576-90 Men's clothing (Amend.).2830 1577-90 Installation of petroleum equipment (Amend.).2834 1578-90 Building service employees \u2014 Montréal (Amend.).2835 Draft Regulations Capital base of savings and credit union federations and credit unions not affiliated with a federation.2839 Professional Code \u2014 Bar \u2014 Procedure for conciliation and arbitration of accounts.2839 Professional Code \u2014 Medical technologists \u2014 Procedure of the professional inspection committee.2841 Vocational training and qualification of manpower in the construction industry.2842 i i i i Part 2 GAZETTE OFFICIELLE DU QUÉBEC, November 21, 1990, Vol.122, No.47 2817 Regulations Gouvernement du Québec O.C.1553-90, 7 November 1990 Savings and Credit Unions Act (1988, c.64) Confédération des caisses populaires et d'économie Desjardins du Québec \u2014 Liquidity funds, deposit funds and investment funds of federations \u2014 Financial standards applying to credit unions and federations By-law of La Confédération des caisses populaires et d'économie Desjardins du Québec respecting liquidity funds, deposit funds and investment funds of federations, and certain financial standards applying to credit unions and federations Whereas under the fourth paragraph of section 450 of the Savings and Credit Unions Act (1988, c.64), a confederation may.by by-law applicable to the federations affiliated with it and to the credit unions affiliated with such federations, establish standards relating to the adequacy of their liquid assets; Whereas under the fifth paragraph of section 450 of the Savings and Credit Unions Act, a confederation may also, by bylaw applicable to the federations affiliated with it, establish standards relating to the adequacy of their capital stock and general reserve; Whereas under section 451 of the Savings and Credit Unions Act, every confederation shall adopt by-laws concerning the establishment and administration of liquidity funds, deposit funds and investment funds by federations affiliated with it; Whereas La Confédération des caisses populaires et d'économie Desjardins du Québec adopted, on 21 November 1989, the By-law of La Confédération des caisses populaires et d'économie Desjardins du Québec respecting liquidity funds, deposit funds and investment funds of federations, and certain financial standards applying to credit unions and federations; Whereas under section 456 of the Savings and Credit Unions Act, the by-laws of a confederation adopted under section 450 or 451 of that Act shall be submitted to the Government for approval.The Government may approve them with or without amendment; Whereas in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), the By-law of La Confédération des caisses populaires et d'économie Desjardins du Québec respecting liquidity funds, deposit funds and investment funds of federations, and certain financial standards applying to credit unions and federations was published in Part 2 of the Gazelle officielle du Québec dated 21 March 1990 with a notice from the Minister for Finance that it shall be submitted to the Government for approval at the expiry of 45 days following such publication; Whereas the forty-five day period has elapsed; Whereas it is expedient that the By-law of La Confédération des caisses populaires et d'économie Desjardins du Québec respecting liquidity funds, deposit funds and investment funds of federations, and certain financial standards applying to credit unions and federations be submitted to the Government for approval, with amendments, including, inter alia, amendments respecting the standards relating to the adequacy of the liquid assets of the savings and credit unions and of the federations and the standards relating to the adequacy of the capital stock and general reserve of the federations.It is ordered, therefore, upon the recommendation of the Minister for Finance: That the By-law of La Confédération des caisses populaires et d'économie Desjardins du Québec respecting liquidity funds, deposit funds and investment funds of federations, and certain financial standards applying to credit unions and federations, attached hereto, be approved.Besoti Morin, Clerk of the Conseil exécutif By-law of La Confédération des caisses populaires et d'économie Desjardins du Québec respecting liquidity funds, deposit funds and investment funds of federations, and certain financial standards applying to credit unions and federations Savings and Credit Unions Act (1988.c.64, ss.450 paragraphs 4 and 5, and 451) DIVISION I INTERPRETATION 1.Unless otherwise indicated by the context, in this By-law: \"MAJOR BANK\" means a bank listed in Schedule I to the Bank Act (1985, R.S.C., c.B-l) and having a credit rating at least equivalent to an Rl-M rating according to the criteria of the Dominion Bond Rating Service Inc., or a bank listed in Schedule II to the Act having a credit rating equivalent to an Rl-H rating according to the criteria of that evaluation business and whose security is unconditionally guaranteed by the bank controlling it.(Banque Majeure) \"MINOR BANK\" means a bank listed in Schedule I to the Bank Act and having a credit rating equal to an Rl-L rating according to the criteria of the Dominion Bond Rating Service Inc., or a bank listed in Schedule II to the Act having a credit rating equivalent to an Rl-H rating according to the criteria of that evaluation business and whose security is not guaranteed by the bank controlling it, or whose credit rating is equal either to an Rl-L rating or an Rl-M rating according to the criteria of the Dominion Bond Rating Service Inc.and whose security is unconditionally guaranteed by the bank controlling it.(Banque Mineure).DIVISION II FUNDS OF A FEDERATION 2.Each federation of savings and credit unions affiliated with La Confédération des caisses populaires et d'économie Desjardins du Québec shall set up, by by-law, a liquidity fund, a deposit fund and an investment fund and shall manage them.3.The property in which a federation may invest the sums deposited in its liquidity fund includes property of the first and second rank. 2818 GAZETTE OFFICIELLE DU QUÉBEC.November 21.1990.Vol.122.No.47 Part 2 At least half the investments made pursuant to this section must be in property of the first rank.Property of the first rank is: (1) cash; (2) deposits with the Bank of Canada and demand deposits with La Caisse centrale Oesjardins du Québec, with a bank within the meaning of the Bank Act or with a company within the meaning of the Act respecting trust companies and savings companies (1987, c.95) registered with the Régie de l'assurance-dépôts du Québec, except, in the last instance, for the Fiducie Desjardins inc.; (3) negotiable deposit certificates having a term not exceeding one year, issued by a major bank; (4) day loans to La Caisse centrale Desjardins du Québec; (5) demand loans against collateral in the form of an investment security mentioned in this section; (6) treasury bills of the Government of Canada and the Government of Québec; (7) bonds, detached coupons and bonds without coupon of the Government of Canada, the Government of Québec or of Hydro-Québec having a term not exceeding one year; (8) acceptances issued by a major bank and notes discounted by such a bank having a term not exceeding one year.Property of the second rank is: (1) negotiable deposit certificates having a term not exceeding one year issued by a minor bank, by a company within the meaning of the Act respecting trust companies and savings companies registered with the Régie de l'assurance-dépôts du Québec, except in the latter case the Fiducie Desjardins inc.or by any other financial institution having a credit rating equivalent at least to an R-l rating according to the criteria of the Dominion Bond Rating Service Inc.; (2) non-negotiable deposit certificates of major banks having a term not exceeding S days; (3) term loans having a term not exceeding 100 days, against collateral of an investment security mentioned in this section; (4) bonds, detached coupons and bonds without coupon having a term exceeding one year but not exceeding three years, of the Government of Canada, the Government of Québec or of HydroQuébec; (5) acceptances issued by a minor bank and notes discounted by such a bank, having a term not exceeding one year; (6) SWAP securities having a term not exceeding 100 days; (7) promissory notes for a term not exceeding one year issued by the Government of Québec, or by Hydro-Québec where they are unconditionally guaranteed by the Government of Québec; and (8) promissory notes for a term not exceeding one year issued by a municipality, a school board, a supramunicipal body in Québec or by any other person whose credit rating is at least equivalent to an R-l rating according to the criteria of the Dominion Bond Rating Service Inc.4.The by-law of a federation shall prescribe the method of use of the income from its liquidity fund.5.The liabilities of the liquidity fund of a federation shall include: (1) the deposits from its affiliated savings and credit unions; (2) borrowings by the federation for its needs of short-term liquidity, including by means of the issue of deposit certificates and inter-fund advances received; (3) accrued interest payable; and (4) surplus earnings of the fund.The assets of the liquidity fund of a federation shall include: (1) cash on hand; (2) investments made in accordance with section 3; (3) inter-fund advances made; and (4) accrued income from the fund.6.The liquid assets that a federation must maintain under the first paragraph of section 12 must be invested in accordance with section 3.It may invest any other sums deposited in its deposit fund in any property other than that covered by section 9.Notwithstanding the second paragraph, investments in capital assets for its own use shall be accounted for in the administration fund of the federation.7.The by-law of a federation shall prescribe the method of use of the income from its deposit fund.8.The liabilities of the deposit fund of a federation shall include: (1) the surplus liquid assets of its affiliated savings and credit unions deposited therein, and any deposits not allocated to another fund; (2) borrowings by the federation for supplying the network and inter-fund advances received; (3) accrued interest payable; and (4) surplus earnings of the fund.The assets of the deposit fund of a federation shall include: (1) loans to its affiliated savings and credit unions, to its auxiliary members and to the persons covered by section 213 of the Act; (2) investment securities purchased in accordance with section 6; (3) inter-fund advances made; and (4) accrued income of the fund.9.The liabilities of the investment fund of a federation shall include: (1) accrued income payable; (2) short-term borrowings; and (3) inter-fund advances received.The equity of the investment fund of a federation shall include: (1) investment deposits of the savings and credit unions affiliated with the federation; (2) the surplus earnings of the fund.The assets of the investment fund of a federation shall include: (1) the shares and preferred shares of La Confédération des caisses populaires et d'économie Desjardins du Québec, La Caisse centrale Desjardins du Québec, or a corporation governed by the Cooperatives Act (R.S.Q., c.C-67.2) and the shares of legal persons; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, November 21, 1990, Vol.122, No.47 2819 (2) advances made as shareholder or member of any of the persons covered by subparagraph 1 and contributions to a mutual insurance company; (3) debentures and bonds other than those covered by paragraphs I to 3 of section 256 and paragraph I of section 408 of the Act; (4) subordinated securities or debt, preferred equity shares and deposits without a term intended for acquiring Visa transactions; (5) any other security intended for the capitalization of a legal person; (6) accrued income receivable from the fund; (7) inter-fund advances made; and (8) fixed assets acquired by the federation for purposes other than its own use.10.The net income of the investment fund of a federation is allocated at least once a year at the end of the federation's fiscal year, in proportion to the investment deposits held in the fund.DIVISION III STANDARDS FOR THE ADEQUACY OF THE LIQUID ASSETS OF SAVINGS AND CREDIT UNIONS AND FEDERATIONS 11.Every savings and credit union shall maintain in the liquidity fund of the federation to which it is affiliated a sum equal to at least the aggregate of the coefficients below calculated on the monthly average of the daily balances during the next-to-last month of each of the elements related to it.The coefficients are: (1) 10 % of the shares held by its members; (2) 25 % of the savings with transactions; (3) 10 % of the true savings; and (4) 3 % of the term savings.That sum must be equal to not less than 8 % or more than 12 % of the aggregate of the average mentioned in the first paragraph for each of the above elements.The sum mentioned in the first paragraph must be kept on the basis of the monthly average of the daily amounts kept in the liquidity fund.12.Each federation must keep in its deposit fund a sum equal to at least 20 % of the deposits held at the federation by its auxiliary members and the persons mentioned in paragraph 3 of section 213 of the Act on the last day of the preceding month and maturing in the 100 days following that date.The sum mentioned in the first paragraph must be kept on the basis of the monthly average of the daily amounts kept in the deposit fund.13.Borrowings by a federation for its need of liquid assets, including by means of the issue to the liquidity fund of deposit certificates and inter-fund advances made to the liquidity fund shall be deducted from the investments made by the federation in accordance with section 3.DIVISION IV STANDARDS FOR ADEQUACY OF CAPITAL STOCK AND THE GENERAL RESERVE OF THE FEDERATIONS 14.Each federation shall keep a general reserve equal to at least 5 % of all the deposits made at the federation by its auxiliary members and the persons mentioned in paragraph 3 of section 213 of the Act.The sum of the surplus of the general reserve of a federation over the standard set by the first paragraph and its capital stock must represent at least 0.5 % of its debts calculated on a cumulative basis in accordance with the first paragraph of section 391 of the Act, 15.This By-law comes into force on I January 1991, except section 14, which comes into force on 21 November 1991.4584 Gouvernement du Québec O.C.1572-90, 7 November 1990 An Act respecting health services and social services (R.S.Q., c.S-5) Regional councils, public and private establishments \u2014 Directors general and senior and intermediate officers \u2014 Remuneration Regulation respecting remuneration of directors general and senior and intermediate officers of regional councils, public establishments and private establishments referred to in sections 176 and 177 of the Act respecting health services and social services Whereas under section 154 of the Act respecting health services and social services (R.S.Q., c.S-5), the Government may, by regulation, determine the standards and scales to be followed by regional councils, public establishments and the private establishments contemplated in sections 176 and 177 for: (1) the selection, appointment, remuneration and other conditions of employment of directors general and senior and intermediate officers; Whereas under the same section, the Government may also establish by regulation, for the persons contemplated in subparagraphs 1 and 2 of the first paragraph, a procedure of appeal for cases of dismissal, non-renewal or termination of appointment.The procedure may prescribe the designation of an arbitrator and the measures that the arbitrator may take following the hearing of the parties; Whereas under Order in Council 1179-88 dated 3 August 1988, the Government made the Regulation respecting the remuneration of directors general and senior and intermediate officers of regional councils, public establishments and private establishments referred to in sections 176 and 177 of the Act respecting health services and social services; Whereas it is expedient to replace that Regulation; It is ordered, therefore, upon the recommendation of the Minister of Health and Social Services: That the Regulation respecting remuneration of directors general and senior and intermediate officers of regional councils, public establishments and private establishments referred to in sections 176 and 177 of the Act respecting health services and social services, attached to this Order in Council, be made.BenoIt Morin, Clerk of the Conseil exécutif 2820 GAZETTE OFFICIELLE DU QUÉBEC, November 21, 1990, Vol.122, No.47 Part 2 Regulation respecting remuneration of directors general and senior and intermediate officers of regional councils, public establishments and private establishments referred to in Sections 176 and 177 of the Act respecting health services and social services An Act respecting health services and social services (R.S.Q.c.S-5, s.154.subpar.1) TITLE I GENERAL CHAPTER I DEFINITIONS AND SCOPE 1.In this Regulation, unless the context indicates otherwise: \"continuous service\" means the uninterrupted period during which an employee is bound with an employer of the health and social services sector by a labour contract, even where the carrying out of the work was interrupted without the contract having been terminated.Where an employee goes from one employer to another, his service shall remain continuous even where it has been interrupted, provided that the duration of the interruption has been for less than 3 months and that the employee has not filled another position during that time; (service continu) \"demotion\" means a transfer to a management position in a lower evaluation class; (rétrogradation) \"director general\" means a senior administrator holding a full-time or part-time regular management position recognized by the Minister at a general management level, except for the duties of an assistant director general, or senior or middle management, head of a pharmacy service or head of a pharmacy department, but including the duties of assistant director general at 80 % or more, and who is entitled to the group insurance plans offered to officers of the public and parapublic sectors; (directeur général) \"duties\" means activities related to a function or operation constituting a logical and necessary step in the performance of a function; (tâche) \"employer\" means a regional health and social services council, a public establishment or a private establishment referred to in sections 176 and 177 of the Act respecting health services and social services (R.S.Q.c.S-5); (employeur) \"evaluation class\" means an organizational unit used in the system for classifying officers\" positions, corresponding to a series of evaluation points reflecting the relative value of the positions; (classe d'évaluation) \"exceptional realization\" means a major realization by an officer, constituting a remarkable contribution towards the realization of the mandate and objectives of the employer; (contribution exceptionnelle) \"function\" means all the duties related to one another and included in (he work of the holder of a position; (fonction) \"intermediate officer\" means a person holding a full-lime or part-lime regular management position recognized by the Minister at a middle management level, except for the positions of general management or senior management, head of a pharmacy service or head of a pharmacy department, but including the positions of assistant senior officer at less than 80 %.and who is entitled to the group insurance plans offered to officers of the public and parapublic sectors; (cadre intermédiaire) \"officer\" means a person holding a full-time or part-time regular management position, who is entitled to the group insurance plans offered to officers of the public and parapublic sectors and whose position is classified by the Minister at a general, senior or middle management level, except for the positions of head of a pharmacy service, head of a pharmacy department, director of professional services in a hospital centre, head of a community health department and an assistant director of professional services in a hospital centre, if the latter is a physician; (cadre) \"position\" means all thé functions generally performed by its holder for one or more employers; (poste) \"promotion\" means a change to an officer's position in a higher evaluation class: (promotion) \"reassignment\" means a change to a position other than that of officer or director general: (réaffectation) \"replacement duties\" means temporary occupation of a position in which the salary scale is greater for the same employer during the absence of a regular officer and without working at one's usual position, in an operational line of authority where it is necessary for the position to be occupied continuously; (intérim) \"salary scale\" means the set of salary rates related to a unionized or non-unionized unionizable position, increasing from a minimum to a maximum along a system of levels or according to other remuneration methods used by the employer; (échelle de salaire) \"senior officer\" means a person holding a full-time or part-time regular management position recognized by the Minister at a senior management level, except for the positions of general management and middle management, but including the positions of assistant senior officer at 80 % or more and those of assistant director general at less than 80 %.and who is entitled to the group insurance plans offered to officers of the public and parapublic sectors; (cadre supérieur) \"transfer\" means a change to an officer's position of the same evaluation class, (mutation) 2.This Regulation shall apply to every officer whose position is included in one of the salary classes referred to in section 3.TITLE II REMUNERATION SYSTEM CHAPTER I SALARY CLASSES 3.Salary classes represent the minimum and maximum limits for officers' salaries Twenty-seven salary classes are established corresponding to the evaluation classes applicable to officers' positions.For director general and senior officer positions, the Minister shall determine the evaluation class in accordance with the procedures for classification and evaluation of officers' positions established by him.For intermediate officer positions, the employer shall apply the evaluation class determined in accordance with the procedures for classification and evaluation of officers' positions prescribed by the Minister.Any change in the evaluation of a position following an updating of position evaluations shall be made and shall take effect on the date prescribed by the Minister. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, November 21, 1990, Vol.122, No.47 2821 Any change in the evaluation class for positions the class of which is determined by measurement units shall be made and shall take effect on 30 June.SALARY STRUCTURES 4.Each salary class shall provide for a unique minimum and maximum.A difference of about 30 % shall exist between the minimum and maximum of each class.It shall take, with a good performance, approximately 7 years to reach the unique maximum.REVISION OF CLASSES 5.Salary classes shall be adjusted on I July of each year for a period of twelve months.The basis used for determining the level of each class shall be the unique maximum of each class.CHAPTER II ADJUSTMENT OF INDIVIDUAL REMUNERATION 8.The adjustment of individual remuneration at 1 July shall include salary adjustment and any salary advancement at that same date.INCREASE FOLLOWING CLASS ADJUSTMENT 7.At 1 July of each year, an officer's salary at 30 June shall be increased by the rate corresponding to the increase rate of salary classes.An officer whose salary is above-class on 30 June shall be granted the annual adjustment at 1 July if the adjusted maximum of the salary class of his position becomes higher than the salary he earned on 30 June.His salary shall then be increased by the rate required to reach the adjusted maximum.In other cases, an above-class officer shall receive no adjustment, except for an officer demoted following a decision by the employer who shall receive an adjustment corresponding to half of the percentage of the class adjustment.SALARY ADVANCEMENT FOR GOOD PERFORMANCE S.At 1 July of each year, an advancement shall be granted for good performance.It shall represent 4 % of the salary of the officer at 30 June but may not raise his salary above the maximum of the class of the position he holds.For an officer having held a position for less than one year on the date of application of the salary advancement, the employer shall determine the percentage of the salary advancement on a prorata basis from the date the officer filled the position.For that purpose, the employer shall use the computation table prescribed in Schedule II.An officer who changed employers during the reference period, that being from 1 July to 30 June, shall receive from his present employer, where applicable, the salary advancement as though he had occupied his position throughout the reference period on a prorata basis of the time worked during which he held a position of officer during that reference period.For a part-time officer, salary advancement shall be granted at 1 July.If the prorata basis of time worked is less than 50 % for the reference period, the part-time officer shall receive salary advancement for good performance equal to 2 % of his salary at 30 June.An officer put on an availability list who chose reinstatement and who is entered on the list of officers reinstated or an officer put on an availability list who chose pre-retirement leave shall be entitled to all the provisions concerning the adjustment of individ- ual remuneration in accordance with the terms and conditions prescribed in Title IV.An officer on disability leave shall be entitled to all the provisions concerning the adjustment of individual remuneration in accordance with the terms and conditions prescribed in Title IV.The employer shall determine the percentage of the salary advancement on a prorata basis of time worked by referring to the computation table prescribed in Schedule II.However, in the percentage computation of salary advancement, a disabled officer shall be considered as having been at work during the first 6 months of his disability.For an officer who was on unpaid leave during the entire reference period of 1 July to 30 June, the employer shall grant him only the individual salary adjustment.For an officer who was on unpaid leave for less than one year but for more than 30 days, the employer shall grant the adjustment and shall determine the percentage of salary advancement on the prorata basis of lime worked.The employer shall use the computation table prescribed in Schedule II for that purpose.CHAPTER III RECOGNITION OF AN EXCEPTIONAL REALIZATION 9.The remuneration system shall allow the employer to reward an officer's exceptional realization.The appraisal of the performance may be used as a basis to determine an exceptional realization.The reference period used to appraise an exceptional realization shall extend from 1 April to 31 March.10.Each board of directors shall determine at the beginning of the period in question the guidelines and the procedure for recognizing an exceptional realization.Each board shall approve the procedure each year.In addition, it shall, upon request by the department, forward the reasons justifying the decisions respecting the recognition of an exceptional realization.11.Notwithstanding sections 1 and 2 of this Regulation, recognition of an exceptional realization is open to all officers, including the director of professional services of a hospital centre, the head of a community health department and the assistant director Of professional services of a hospital centre, where the latter is a physician.Generally, only a limited number of officers achieve an exceptional realization.12.An amount equal to 2 % of the total payroll for officers at 31 March shall be released and granted each year to each employer to reward an exceptional realization.That total payroll shall not include the amount provided for the exceptional realization of a director general released under sections 24 and 31.The amount thus released shall be paid during the fiscal year following that of the reference period for recognition of an exceptional realization.13.Recognition of an exceptional realization may take various forms.Those various forms shall be, at the officer's choice, the payment of a lump sum bonus or the repayment of expenses incurred for professional activities.The monetary value of such recognition shall be computed on the unique maximum of the salary class of the position in question on the prorata basis of time worked during the period from I April to 31 March.14.In accordance with section 12, employers having 10 officers or fewer in their service may accumulate an amount equal to 2 % of the total payroll for officers at 31 March up to a maximum amount equal to three times the annual amount, in order to be able to reward an exceptional realization. 2822 GAZETTE OFFICIELLE DU QUÉBEC, November 21, 1990.Vol.122, No.47 Part 2 Where an employer has used the amount provided to reward an exceptional realization without having exhausted the total amount available for the reference period, he shall use the balance of that amount for the subsequent reference period.TITLE III ADJUSTMENT AND USE OF THE TOTAL PAYROLL FOR OFFICERS CHAPTER I DEFINITION 15.The total payroll for officers is an element of the detailed component of the employer's budget, and shall be adjusted each year by the Minister.CHAPTER II USE 16.The total payroll for the officers of the employer covers salaries, salary adjustments, salary advancement, salary correctives determined by the Minister and other salary adjustments resulting from the application of the officers' remuneration system for all officers of the employer.It also covers statutory holidays, personal holidays, annual vacations, accumulated vacation time upon leaving the service, the salary of an employee who is asked to assume replacement duties or double duty, the compensation for availability and salary insurance benefits remunerated at 100 % for all officers of the employer.17.The following elements are not a part of the total payroll for officers: use or reimbursement of sick leave upon an officer's leaving the service, the employer's contribution to the unemployment insurance, workmen's compensation, Québec pension and Québec health insurance plans, costs related to parental leaves, costs for recognition of an exceptional realization, evening, night and weekend bonuses and regional disparity allowances, along with costs related to the application of job security measures for officers, severance pay and compensation for unfair discharge from employment.TITLE IV ADJUSTMENT METHOD FOR OFFICERS' REMUNERATION FOR THE PERIODS FROM 1 JULY 1990 TO 30 JUNE 1991 AND 1 JULY 1991 TO 30 JUNE 1992 CHAPTER I PERIOD FROM 1 JULY 1990 TO 30 JUNE 1991 DIVISION I SALARY CLASSES 18.At 1 July 1990.the minimum and maximum of salary classes in force on 30 June 1990 shall be increased by 5 %.The new salary classes appear in Schedule I.DIVISION II ADJUSTMENT OF INDIVIDUAL REMUNERATION INCREASE FOLLOWING CLASS ADJUSTMENT 19.At 1 July 1990, the individual salary adjustment rate shall be 5 %.The individual salary adjustment rate may not raise the salary of an officer above the maximum for his salary class.SALARY ADVANCEMENT FOR GOOD PERFORMANCE 20.Subject to section 8, each officer demonstrating a good performance shall be entitled at 1 July 1990 to a salary advancement for good performance of 4 % of his salary at 30 June.Such advancement applying to the salary at 30 June may not raise the salary of an officer above the maximum of his salary class.DIVISION III RECOGNITION OF AN EXCEPTIONAL REALIZATION 21.An amount equal to 2 % of the total payroll for officers at 31 March 1991 shall be released and granted to each employer to reward an exceptional realization for the period from 1 April 1990 to 31 March 1991.That payroll shall not include the amount provided for the exceptional realization of a director general released under section 24.22.The monetary value of such recognition shall be computed on the basis of the unique maximum of the salary class of the position in question on a prorata basis of the time worked during the period from 1 April 1990 to 31 March 1991.It may not be lower than 4 % nor higher than 10 % of that unique maximum.The director general shall be excluded from the application of this section except assistant directors general at 80 % or more.23.In accordance with sections 21 and 29, employers having 10 officers or fewer in their service may accumulate the amount available at 31 March 1990, at 31 March 1991 and at 31 March 1992 released for such purpose, in order to be able to recognize an exceptional realization.RECOGNITION OF AN EXCEPTIONAL REALIZATION BY A DIRECTOR GENERAL 24.An employer may reward a director general for an exceptional realization.The monetary value of that recognition shall be computed on the unique maximum of the salary class of the position on a prorata basis of the time worked during the period from 1 April 1990 to 31 March 1991.It shall vary from 0 to 6 % of that unique maximum.The officers referred to in section 22 shall be excluded from the application of this section.An amount available for recognition of a director general for his exceptional realization, equal to 2 % of the director general's salary shall be released on 31 March 1991 and any surplus shall be taken from the budget of the establishment.Employers of 10 officers and fewer may accumulate the amount available at 31 March 1991 released for such purpose, in order to be able to recognize a director general for an exceptional realization.25.The policy of recognizing an exceptional realization shall be applied in accordance with the procedures prescribed in sections 9 to 14 of this Regulation.CHAPTER II PERIOD FROM I JULY 1991 TO 30 JUNE 1992 DIVISION I SALARY CLASSES 28.At I July 1991.the minimums and maximums of salary classes in force on 30 June 1991 shall be increased by 5 %.The new salary classes appear in Schedule I.DIVISION II ADJUSTMENT OF INDIVIDUAL REMUNERATION INCREASE FOLLOWING CLASS ADJUSTMENT 27.At I July 1991, the individual salary adjustment rate shall be 5 %.The individual salary adjustment rate may not raise the salary of an officer above the maximum of his salary class. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, November 21.1990.Vol.122.No.47 2823 SALARY ADVANCEMENT FOR GOOD PERFORMANCE 28.Subject to section 8, every officer demonstrating a good performance shall be entitled at 1 July 1991 to a salary advancement for good performance of 4 % of his salary at 30 June.Such advancement applying to the salary at 30 June may not raise the salary of an officer above the maximum of his salary class.DIVISION III RECOGNITION OF AN EXCEPTIONAL REALIZATION 29.An amount equal to 2 % of the total payroll for officers at 31 March 1992 shall be released and granted to each employer to reward an exceptional realization for the period from 1 April 1991 to 31 March 1992.That payroll shall not include the amount provided for the exceptional realization of a director general released under section 31.39.The monetary value of such recognition shall be computed on the basis of the unique maximum of the salary class of the position in question on a prorata basis of the time worked during the period from 1 April 1991 to 31 March 1992.It may not be lower than 4 % nor higher than 10 % of that unique maximum.The director general shall be excluded from the application of this section except the assistant directors general at 80 % or more.RECOGNITION OF AN EXCEPTIONAL REALIZATION BY A DIRECTOR GENERAL 31.The employer may reward a director general for an exceptional realization.The monetary value of that recognition shall be computed on the unique maximum of the salary class of the position on a prorata basis of the time worked during the period from 1 April 1991 to 31 March 1992.It shall vary from 0 to 6 % of that unique maximum.The officers referred to in section 30 shall be excluded from the application of this section.An amount available for recognition of a director general for his exceptional realization, equal to 2 % of the director general's salary shall be released at 31 March 1992 and any surplus shall be taken from the budget of the establishment.Employers of 10 officers and fewer may accumulate the amount available at 31 March 1991 and at 31 March 1992 released for such purpose, in order to be able to recognize a director general for an exceptional realization.32.The policy of recognizing an exceptional realization shall be applied in accordance with the procedures prescribed in sections 9 to 14 and 23 of this Regulation.CHAPTER III APPLICATION OF REMUNERATION RULES 33.For the period from 1 July 1991 to 30 June 1992, the annual salary of an officer shall be reduced by a percentage of 0.4 % per day of vacation exceeding 25 days on an annual basis.An officer may not receive from an employer, for the exercise of his position as officer, any form of remuneration other than individual salary adjustment, salary advancement for good performance and, where applicable, the salary correctives determined by the Minister, a lump sum paid for exceptional realization, and the application of the remuneration rules prescribed in this Regulation, in the Regulation respecting certain conditions of employment applicable to directors general of regional councils and public establishments, made by Order in Council 661-89 dated 3 May 1989 and in the Conditions of Employment (Senior and Intermediate Officers of Regional Councils, Public Establishments and Private Establishments Referred to in sections 176 and 177 of the Act respecting health services and social services) Regulation, made by Order in Council 412-85 dated 27 March 1985 and amended by Orders in Council 660-85 dated 3 April 1985 and 2067-85 dated 3 October 1985.In addition, an employer may not pay to an officer, for the exercise of his position as officer, a form of remuneration from a source other than those mentioned above.TITLE V SALARY RULES CHAPTER I SALARY DIFFERENCES UPON APPOINTMENT TO AN OFFICER'S POSITION 34.Appointment to an officer's position shall consist in a person's taking up the position of officer for an employer after holding a non-officer's position or working outside the field of health and social services.35.Where a person is appointed to an officer's position, he shall be granted either the minimum salary of the salary class of the position to which he is appointed or 110 % of the annual salary rate he received before his appointment, whichever is higher, without exceeding the maximum of the class of the position to which he is appointed.36.The new salary shall be determined by using, as a basis for computation, the person's annual salary according to the salary scales applicable on the date of his appointment.In order to do this, the employer shall take into account the candidate's experience at the time of his appointment, granting any change in level that the candidate would have received, in proportion to the time between the date of his last change in level and the date of his appointment.The new salary of an officer appointed to a part-time regular officer's position shall be determined according to the provisions of the first paragraph of this section and shall be computed on a prorata basis of the time worked prescribed for the part-time regular officer's position.37.For the purposes of computation, the person's salary shall include responsibility bonuses and the additional remuneration attached to post-school training, but exclude all inconvenience bonuses prescribed in the collective agreements.38.For the purposes of section 35, where a person appointed to an officer's position is not already employed by a regional council or an establishment, the employer shall place the person appointed at the level corresponding to his experience and schooling, in the appropriate salary scale for unionized or non-unionized unionizable staff of the health and social services sector, at the date of his appointment to an officer's position.39.Where no salary scale is appropriate, the person's salary shall be established according to his qualifications and experience with regard to the criteria of eligibility prescribed for the position.40.Despite sections 44 and 45, an employer shall grant a senior or intermediate officer appointed to a position of director general classified in a salary class equal to or lower than the salary class for the position which he held, an increase of 5 % of the salary rate he received before his appointment without exceeding the maximum for the new class.In addition, an employer shall grant an intermediate officer appointed to a position of senior officer classified in a salary class equal to or lower than the salary class for the position which he held, an increase of 5 % of the salary rate he received before his appointment without exceeding the maximum for the new class. 2824 GAZETTE OFFICIELLE DU QUÉBEC, November 21, 1990.Vol.122, No.47 Part 2 Notwithstanding the first paragraph of section 44 and subject to the maximum of the salary class of the position, an employer shall maintain the salary rate of an intermediate officer appointed to a position of senior officer classified at a salary class lower than the salary class of the position he held.In addition, subject to the maximum of the salary class of the position, an employer shall maintain the salary rate of a director general appointed to a position of director general classified at a lower class than the salary class of the position he held.CHAPTER ii CHANGE OF SALARY CLASS FOR THE SAME POSITION 41.Where the class of a position is upgraded, the officer shall keep his salary in the new class.However, the employer shall ensure him of the minimum of the new class.The officer shall be granted the adjustment in accordance with the provisions of Title IV and an accelerated salary advancement as prescribed in this section.The maximum the officer shall receive as an accelerated salary advancement at the time the individual remuneration is adjusted shall be 8 % of the salary he received before the change in the salary class including the salary advancement for good performance.Such accelerated salary advancement may not raise the officer's salary above the maximum of the new salary class.42.Where the evaluation class of a position is downgraded, the officer shall maintain his salary.That salary shall be adjusted, where applicable, to the maximum that the evaluation class had before the date of the class change.Where applicable, the officer's salary shall not be considered ipso facto as being above-class.Where the maximum of the new evaluation class is higher than the maximum of the evaluation class that the position had before the date of the class change, the officer's salary shall be adjusted in accordance with the provisions of Title IV.CHAPTER III CHANGE OF POST PROMOTION 43.A promoted officer shall receive either the minimum salary for the salary class of the position to which he is promoted or 110 % of the annual salary rate he received before his promotion, whichever is higher, without exceeding the maximum for the new class.DEMOTION 44.An officer demoted at his own request shall receive either the minimum salary for the salary class of the position or a salary corresponding to a reduction of not more than 10 % below the annual salary rate he received before the demotion, whichever is higher.The salary may not exceed the unique maximum prescribed for the salary class of the position.An officer demoted following a decision of the employer shall continue to receive the salary he received before the demotion.In such a case, his salary may become above-class.TRANSFER 45.An officer's salary shall not be changed following a transfer.REASSIGNMENT REASSIGNMENT FOLLOWING A DECISION OF THE EMPLOYER 46.The salary of an officer reassigned following a decision of the employer is governed by the provisions applicable to the position to which the officer is reassigned, subject, where applicable, to the provisions respecting measures of employment stability of officers provided for in the Regulation respecting certain conditions of employment applicable to directors general of regional councils and public establishments, made by Order in Council 661-89 dated 3 May 1989 and in the Conditions of Employment (Senior and Intermediate Officers of Regional Councils, Public Establishments and Private Establishments Referred to in sections 176 and 177 of the Act respecting health services and social services) Regulation, made by Order in Council 412-85 dated 27 March 1985 and amended by Orders in Council 660-85 dated 3 April 1985 and 2067-85 dated 3 October 1985.47.Where the reassignment requested by the employer entails a decrease in salary for the officer, the difference between the salary received as an officer before the reassignment and the salary received for the new position shall be paid in a lump sum for a period not exceeding 2 years from the date of the reassignment.48.A readjusted salary shall not be considered above-scale or above-rate within the meaning of the collective agreement governing the officer reassigned.REASSIGNMENT REQUESTED BY AN OFFICER 49.An officer reassigned at his own request shall be classified on the salary scale for the position to which he is reassigned.The new salary of an officer thus reassigned may not exceed the maximum of the salary scale prescribed for the position to which he is reassigned.SPECIAL PROVISION FOR REASSIGNMENT TO A PROFESSIONAL POSITION 50.Classification of professional staff within the salary scale for the position to which an officer is reassigned shall be determined by the employer, taking into account the person's qualifications and experience including the experience gained as an officer.CHAPTER IV ABOVE-CLASS SALARY 51.Unless provided otherwise in this Regulation, an officer's salary shall be considered above-class where his salary is higher than the unique maximum prescribed for the salary class of his position.CHAPTER V DOUBLE DUTY 52.An officer authorized to occupy on a temporary basis, in addition to his usual position, a full-time officer's position with his employer, in a sector of activities different from that of his position, or a full-time officer's position with another employer, shall be entitled to additional remuneration established in accordance with the following table: Part 2 GAZETTE OFFICIELLE DU QUÉBEC, November 21, 1990, Vol.122, No.47 2825 Percentage of the unique maximum for the class of the position held permanently by the officer 24 % 22 % 20% 18 % 16 % 14 % Difference between the class of the position held temporarily and the class of the position held permanently by the officer 0 and more - 1 -2 - 3 -4 - 5 For the purposes of this section, the term \"temporary\" means for a duration varying from 2 to 18 months.However, in the case of the replacement of an officer on disability leave or on parental leave without pay, the duration may go up to 24 months.53.The additional remuneration shall be obtained by applying the percentage given in the Table of section 52 to the unique maximum of the salary class for the position held by the officer.Such additional remuneration shall be paid as a lump sum and shall not be part of the officer's salary.54.Such additional remuneration shall not be taken into account in the application of the other administrative rules for salaries.55.If the double-duty situation is permanent or lasts for a longer time than prescribed in section 52, the new officer's position thus obtained shall be classified in accordance with section 3.56.A director general and an acting director general may not hold another officer's post with the same employer.An officer may not hold more than two posts for any given period.CHAPTER VI REPLACEMENT DUTIES 57.This Chapter shall apply to any officer called upon to carry out replacement duties on a temporary basis, except for assistants whose regular duties include replacing their immediate superior during his absences.For the purposes of this section, the term \"temporary\" means for a duration varying from 2 to 18 months.However, in the case of a replacment of an officer on disability leave or on parental leave without pay, the duration may go up to 24 months.An officer called upon for replacement duties shall receive, in a lump sum, the difference between his salary and the higher of the following two amounts: 110 % of his salary without exceeding the maximum of the salary class for the position for which he is performing replacement duties or the minimum of the class of the position for which he is performing replacement duties.This rule shall appfy to any unionized or non-unionized union-izable employee called upon for replacement duties, unless replacement for an officer's position is provided for in the conditions of employment governing him.Any unionized or non-unionized unionizable employee called upon to carry out replacement duties shall have all his other conditions of employment maintained.CHAPTER VII SALARY DIFFERENCES BETWEEN THE OFFICER AND HIS PROFESSION 58.Notwithstanding the determination of a maximum for each of the salary classes, the maximum salary that an officer may reach shall be fixed at 110 % of the maximum rate of the salary scale in force including the additional remuneration related to post-school training, where applicable, in the field of health and social services for his profession where that possible new maximum is higher than the maximum of the salary class established for his position, provided that that profession is generally required for the position in question.In such a case, the officer's salary shall not be considered as being above-class.Where applicable, that rule shall apply at the annual date of adjustment, on 1 July each year, by computing the individual adjustment and the salary advancement of the officer in question.SALARY DIFFERENCES BETWEEN THE OFFICER AND HIS OPERATIONAL LINE OF AUTHORITY 59.Where the application of the rule prescribed in section 58 no longer makes it possible to maintain a difference between the salaries of the officers of different levels in the same operational line of authority who have reached the maximum of the salary class where their respective positions are situated, the employer shall add to the senior officer's salary an amount equal to 7 % of the maximum of his salary class.In such a case, the salary of the officer shall not be considered as being above-class.This rule shall not apply to assistants, except to administrative assistants of local community service centres.CHAPTER VIII OVERTIME 60.As a general rule, no remuneration or compensation shall be paid to an officer for overtime occasionnally required as a regular part of his duties.61.An officer required by his immediate superior to carry out overtime outside his normal work schedule shall receive, in the form of leave, compensation equal to the number of overtime hours worked.62.An officer expressly required by his immediate superior to replace an officer or a non-officer employee outside his normal work schedule shall be paid according to the provisions applicable to the position of the person he replaces.CHAPTER IX BONUSES AND COMPENSATIONS 63.Bonuses and compensations prescribed in this Chapter and regional disparity allowances prescribed in Chapter X shall not be part of the officer's salary.COMPENSATION FOR AVAILABILITY 64.Where an employer requires that an officer referred to in section 65 be available 7 days a week, it shall pay him a lump sum compensation of $15 per day of availability.65.Such compensation for availability shall be granted to an intermediate officer in a position corresponding to any of the following: 2826 GAZETTE OFFICIELLE DU QUÉBEC.November 21.1990, Vol.122.No.47 Part 2 554 \u2022 Division head, moveable and immoveable prop- erty (hospital centres) 564 - Division head, security (hospital centres) 762, 763 - Head of the material resources service (reception centres) 820 - Head of the rehabilitation unit (reception cen- tres).66.An officer who fills two positions, one of which is referred to in section 65, shall receive a compensation for availability if the employer requires him to be available as described above.67.An officer who coordinates social and health emergency activities in a hospital centre, a social service centre, a local community service centre or a reception centre shall receive a compensation for availability if the employer requires him to be available as described above.EVENING, NIGHT OR WEEKEND BONUS 68.Notwithstanding the holidays prescribed in collective agreements of unionized employees, an officer shall be entitled to an evening bonus, a night bonus or a weekend bonus in accordance with the terms and conditions set out in collective agreements for the payment of such bonuses.For the purposes of this section, the term \"seniority\" shall be replaced by \"continuous service\".With respect to the weekend bonus, it shall apply from 1 January 1990.CHAPTER X REGIONAL DISPARITY ALLOWANCES 69.An officer shall be entitled to regional disparity allowances in accordance with the same terms and conditions set out in the collective agreements.TITLE VI RECOURSE FOR REMUNERATION DIVISION I SCOPE 70.This Title determines the recourse procedure designed to solve any disagreement between an officer and his employer respecting the interpretation and application of the provisions provided for in this Regulation.DIVISION II RECOURSE PROCEDURE 71.Where there is a disagreement between an officer and his employer respecting the interpretation and application of provisions of this Regulation, the officer shall submit it in writing to his employer within 30 days of the time when the officer becomes aware of the event causing the disagreement, but no later than 6 months following the occurrence of the event giving rise to the disagreement.72.Within 30 days following receipt of the request in writing referred to in section 71, the employer and the officer shall meet in order to discuss the disagreement and.if possible, reach an agreement.During that or those meetings, the officer may be accompanied by a representative of his officers' association, if he so wishes.73.Where the disagreement persists after the expiry of the period provided for in section 72, the officer may, within the 20 days that follow, request that his complaint be submitted to the chairman of a recourse committee.The complaint shall contain all the particulars concerning his position, the nature of the disagreement with supporting documents and the name of his representative; where need be.the employer shall provide those documents.A copy of the complaint and the name of the officer's representative shall be sent to the Minister.A complaint is not invalidated solely because it fails to include all of the particulars required.74.A recourse committee shall be composed of the officer and the employer, or of a representative for each of them, and of a chairman designated by them or their representatives, from the appropriate list referred to in Chapter III of Title II of the Conditions of Employment (Senior and Intermediate Officers of Regional Councils, Public Establishments and Private Establishments Referred to in sections 176 and 177 of the Act respecting health services and social services) Regulation, made by Order in Council 412-85 dated 27 March 1985 and amended by Orders in Council 660-85 dated 3 April 1985 and 2067-85 dated 3 October 1985 or of the list referred to in Chapter HI of Title III of the Regulation respecting certain working conditions applicable to directors general of regional councils and public establishments, made by Order in Council 661-89 dated 3 May 1989.The Minister shall designate the chairman if the appropriate list has not been drawn up or if the chairmen entered on the lists are unable to undertake consideration of a complaint.Where the parties are unable to agree on the choice of a chairman, he shall be appointed by the Minister.75.Within 10 days, following receipt of the complaint, the employer shall provide in writing the name of his representative to the Minister and to the officer's representative.Where the employer has no representative, the officer shall be so notified.76.The chairman shall lay down his hearing procedure and exercise the powers provided for in Division III of Chapter IV of Title I of the Labour Code (R.S.Q.c.C-27).subject to the provisions provided for under that Title.77.The chairman shall call the parties immediately and the recourse committee shall proceed in the manner that it determines.78.Where the chairman of the recourse committee determines that the employer's interpretation or application of the Regulation does not comply with the provisions of this Regulation, he shall render a decision in the cases provided for in section 81 or make a recommendation in the other cases.79.The decision or the recommendation of the recourse committee shall be rendered in accordance with the single chairman procedure, unless the parties decide otherwise.80.The decision or the recommendation of the chairman of the recourse commitlee may in no way amend, add to or withdraw from the provisions of this Regulation.In addition, the decision or the recommendation of the chairman of the recourse committee may in no case provide for retroactivity of more than 6 months from the date of the filing of the complaint.81.The decision of the chairman of the recourse committee is final and enforceable and binds the officer and the employer where it deals with the following provisions: Part 2 GAZETTE OFFICIELLE DU QUÉBEC.November 21.1990.Vol.122.No.47 2827 (1) Tille II, remuneration system, sections 6, 7 and 8 where for those sections the complaint doers not pertain to appraisal of performance.(2) Title IV, adjustment method for officers' remuneration, sections 18 to 20, 27 and 28 where for those sections the complaint does not pertain to appraisal of performance.(3) Title V, salary rules, excluding sections 38.39 and 50.82.The decision or the recommandation of the chairman shall be rendered within 30 days following the date of the end of the hearings.That period may be extended upon written agreement between the representatives or.failing that, between the officer and the employer.A decision or recommendation is not invalidated solely because it is made after that period.83.The decision or the recommendation of the chairman shall be in writing and signed, and he must give his reasons.A copy of his decision or recommendation shall be sent to the officer, to the employer, to their representatives, where applicable, and to the Minister.84.Where the employer decides not to apply the recommendation of the chairman of the recourse committee, he shall inform the officer of his decision in writing within 30 days.85.The chairman's expenses and fees shall be borne by the losing party.Each party shall assume the expenses of his representatives.In the cases provided for in section 84, the employer shall assume the chairman's expenses and fees.86.In cases where the chairman determines that the decision or the recommendation is divided and in cases of the agreements provided for in section 88, the chairman's expenses and fees shall be equally divided between the parties.Where the employer decides not to apply a divided recommendation, the employer shall assume the chairman's expenses and fees.87.An officer who withdraws his complaint shall no notify his employer in writing and send a copy of the notice to the Minister and to the chairman and, where applicable, to his association.88.Where an agreement is reached before the chairman renders his decision or makes his recommendation, a copy of that agreement shall be sent to the Minister and to the chairman within 15 days after the agreement is reached.The agreement shall include a clause withdrawing the complaint and the officer's waiver of any other recourse.The chairman's expenses shall be paid by the employer where the employer grants the officer's complaint or by the officer where the officer withdraws his complaint before the chairman renders a decision or a recommendation.TITLE VII FINAL 89.This Regulation replaces the Regulation respecting remuneration of directors general and senior and intermediate officers of regional councils, public establishments and private establishments referred to in sections 176 and 177 of the Act respecting health services and social services, made by Order in Council 1179-88 dated 3 August 1988.90.This Regulation comes into force on the day of its publication in the Gazette officielle du Québec.SCHEDULE I SALARY CLASSES 1990 - 1991 1991 - 1992 Class\tMinimum\tMaximum\tMinimum\tMaximum 02\t23 052\t29 968\t24 205\t31 466 03\t24 350\t31 655\t25 568\t33 238 04\t25 650\t33 345\t26 933\t35 012 05\t26 956\t35 044\t28 304\t36 796 06\t28 259\t36 737\t29 672\t38 574 07\t29 504\t38 354\t30 979\t40 272 08\t30 955\t40 241\t32 503\t42 253 09\t32 452\t42 187\t34 075\t44 296 10\t34 305\t44 5%\t36 020\t46 826 11\t36 456\t47 393\t38 279\t49 763 12\t38 716\t50 331.-\t40 652\t52 848 13\t40 996\t53 295\t43 046\t55 960 14\t43 678\t56 781\t45 862\t59 620 15\t45 949\t59 735\t48 246\t62 722 16\t48 841\t63 494\t51 283\t66 669 17\t51 599\t67 078\t54 179\t70 432 18\t54 364\t70 673\t57 082\t74 207 19\t57 221\t74 387\t60 082\t78 106 20\t60 493\t78 641\t63 518\t82 573 21\t63 830\t82 979\t67 022\t87 128 2828 GAZETTE OFFICIELLE DU QUÉBEC, November 21, 1990, Vol.122.No.47 Part 2 1990 - 1991 1991 - 1992 Class\tMinimum\tMaximum\tMinimum\tMaximum 22\t67 132\t87 272\t70 489\t91 636 23\t70 397\t91 516\t73 917\t96 092 24\t74 097\t96 326\t77 802\t101 142 25\t76 207\t99 070\t80 017\t104 024 26\t80 237\t104 308\t84 249\t109 523 27\t84 349\t109 654\t88 566\t115 137 28\t88 519\t115 076\t92 945\t120 830 These salary rates for each of the salary classes determine the minimum and maximum limits of the annual salary of a full-time officer.SCHEDULE II TABLE FOR COMPUTING THE PERCENTAGE OF SALARY ADVANCEMENT Date of employment Percentage of salary advancement granted on an annual basis\tif li 11\ts I a.a Ul &.\t!P II \u2014 \u2014 Ul O.\tBetween 03-16 and 04-15\t9 X \u2014 s o o Ul ».\tBetween 01-16 and 02-15\tBetween 12-16 and 01-15\ts! a 9 Pr Ul »\td f 9\t1 !! Ul »\t?S I a.9 2 5 Ul »\tÏ - % 5.9 gs Ul OS\tii S3 -
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