1. The Act respecting industrial accidents and occupational diseases (chapter A-3.001) applies to persons participating in the programs of the Office franco-québécois pour la jeunesse on the conditions and to the extent provided for in the agreement between the Office and the Commission des normes, de l’équité, de la santé et de la sécurité du travail appearing in Schedule I.
2. This Regulation replaces the Regulation respecting the implementation of the Agreement regarding the programs of the Office franco-québécois pour la jeunesse (O.C. 295-97, 97-03-05).
1.1 This Agreement is entered into under section 16 of the Act respecting industrial accidents and occupational diseases.
2.1 The purposes of this Agreement are to provide for the application of the Act respecting industrial accidents and occupational diseases to certain trainees of the Office and to determine the respective obligations of the Office and of Commission, on the conditions and to the extent set forth herein.
(a) a person covered by section 10 of the Act who is undertaking a non-remunerated training period for which an educational institution is responsible.
Despite the foregoing, that employer-employee relationship is recognized only for the purposes of assessments and indemnities under the Act and must not be considered as an admission of a factual situation lending itself to interpretation in other fields of activity.
4.2 As an employer, the Office is bound, with the necessary modifications, by all the obligations provided for in the Act, including in particular the obligation to keep a register of industrial accidents occurring in the establishments where the trainees are located and the obligations to inform the Commission, using the form prescribed by the Commission, that a trainee is unable to continue the program by reason of the injury.
At the request of the Commission, the Office forwards a description of the tasks or activities performed by the trainee at the time the employment injury appeared.
4.3 Despite section 4.2, section 32 of the Act pertaining to the dismissal, suspension or transfer of a worker, the practice of discrimination or the taking of reprisals against the worker, sections 179 and 180 concerning temporary assignment and Chapter VII respecting the right to return to work do not apply to the Office.
Although the Office itself is not required to give first aid to a trainee who suffers an employment injury in accordance with sections 190 and 191 of the Act, it must ensure that first aid is given where necessary and must assume the costs thereof.
4.5 For assessment purposes, the Office is deemed to pay wages that correspond, as the case may be, to the gross annual employment income of each trainee at the time the trainee is registered in a program, to the unemployment insurance benefits received by the trainee or to the minimum wage, if the trainee has no other employment income.
4.6 The Office sends to the Commission, before 15 March of each year, a statement setting out, in particular, the amount of gross annual employment income paid to the trainees during the preceding calendar year, calculated in relation to the duration of the training period.
4.7 The Office must make such register available to the Commission if the latter so requires.
4.8 The Minister forwards to the Commission, on the coming into force of this The Office forwards to the Commission, on the coming into force of this Agreement, a description of every program appearing in Schedule I.
Every new program or every subsequent amendment to a program appearing in Schedule I must be forwarded so that it may be evaluated and a decision may be made whether to include or to retain it under this Agreement.
5.3 For the purposes of calculating the income replacement indemnity, the trainee’s gross annual employment income is, as the case may be, that which the trainee derives from the remunerated employment the trainee has at the time the employment injury appears, that which corresponds to the unemployment insurance benefits received, that for which the trainee is registered with the Commission or, if the trainee is unemployed or is an independent worker not registered with the Commission, that determined on the basis of the minimum wage provided for in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3) and the regular work week referred to in section 52 of the Act respecting labour standards (chapter N-1.1), as they read on the date on which they are to be applied when the injury appears.
However, entitlement to an income replacement indemnity and the calculation thereof for a trainee who is considered to be a worker under this Agreement and who is a full-time student must be determined according to sections 79 and 80 of the Act.
8.1 If the Office fails to comply with any of its obligations, the Commission may request that the Office remedy that failure within a period fixed by the Commission. Should the failure not be remedied within the period fixed, the Commission may cancel this Agreement by giving notice in writing.
This Agreement is then cancelled on the date of the notice in writing.
8.2 In the event of cancellation, the Commission makes financial adjustments taking into account the amounts payable under this Agreement.
8.3 The parties may, by mutual agreement, cancel this Agreement at any time.
8.4 In the event of cancellation, neither party must be required to pay damages, interest or any other form of indemnity or charges to the other party.