Qui a droit à la CNESST
The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) is responsafble for enforcing the Act on labor standards. The mission of CNESST is to advocate for the obligations and rights of employers and workers in Quebec. However, not all workers are entitled to the CNESST as certain exceptions apply.
Are all workers covered by the CNESST?
Self-employed workers, trainees in a vocational training program and workers permanently assigned outside Quebec are not entitled to CNESST coverage. Only employees working for an employer registered with the CNESST are covered in the event of a work accident or occupational disease.
The CNESST’s function is to receive complaints from employees, investigate them and, if necessary, compensate them according to the scales provided by law. It also has the mission of trying to bring employers and employees to an agreement regarding work standards. For example, the Commission has the power to take an employer to court to recover money owed to a worker.
Every company established in Quebec with at least one worker, either full-time or part-time (including seasonal workers), must be registered as an employer with the CNESST. The company must submit a Declaration of Wages every year and this information will be used to calculate the insurance premium.
Act respecting Labor Standards
Excluded Workers
The following workers are not covered by the Act respecting Labor Standards:
- Self-employed workers;
- Members of the Canadian Armed Forces;
- Workers who perform employment-related activities both inside and outside Quebec for an employer who has no residence, domicile, business or head office in Quebec;
- Salaried workers who perform employment-related activities only outside Quebec, but who reside in Quebec for an employer who does not have a residence, domicile, business, or head office in Quebec;
- Employees of an embassy or consulate located in Quebec;
- Recipients covered by the Act respecting health services and social services for Cree Native persons who are undergoing physical, mental or social rehabilitation in one of the following institutions: a CSS, a CLSC, a hospital or a reception center;
- Healthcare workers;
- Individuals performing compensatory work in relation to a criminal offense;
- Individuals who are incarcerated;
- Individuals who perform work under the Youth Volunteer Program, an employment assistance program or measure, or who benefit from social support focused on training or skills acquisition, but also on professional orientation;
- Workers who are employed in sectors of activity governed by the Canada Labor Code (federal jurisdiction) such as:
- International as well as interprovincial services related to :
- Road transport
- Rail transport
- Maritime and inland waterway transport (including similar services)
- Telephone, cable and telegraph networks
- Ferries, pipelines, tunnels and bridges
- Radio or television broadcasting services including cable television (except Télé-Québec);
- Air transportation services (including aircraft as well as airports);
- Banks (except credit unions);
- Grain elevator companies;
- Uranium mining and processing.
Partially Excluded Workers
Workers who are subject to the Construction Decree as well as senior managers are only covered by the labor standards that deal with retirement, psychological or sexual harassment and family-related leave. They are not covered by other regulations.
The following workers are covered only by the standards that deal with retirement and psychological harassment. However, they are not covered by other regulations:
- Athletes who are required to pursue an academic program in order to participate on a sports team;
- Students who perform work during the school year in a business chosen by their educational institution in accordance with a work experience program studied and approved by the Minister of Education;
- Workers who are bound by a contract whose remuneration is fixed by one of the regulations of the Government of Quebec;
- Caregivers of persons who perform their work :
- In the home of the person being cared for on an occasional basis OR
- Whose employment is based on a caring family or community relationship and for whom the employer does not have a profit motive.
Victim of a Work-related Accident?
Pay Equity Act
The Pay Equity Act is intended to correct wage gaps caused by discrimination based on gender and other grounds. It requires employers with 10 or more employees to implement pay equity between female-dominated jobs and equivalent male-dominated jobs.
It implies offering a female worker the same salary as a male worker in an equivalent job, even if it is different. For example, in a company, the female job of a paralegal could very well be compared to the male job of a computer technician.
Temporary foreign workers must be included in the hiring company’s calculation of the number of employees and in its pay equity work, if any. Employers to whom the law applies must conduct what is called a pay equity exercise.
This exercise is strictly supervised and consists of :
- Determining whether each job is predominantly male or female;
- Consider the overall characteristics of these jobs in terms of four factors: the responsibilities assumed, the qualifications required, the conditions under which the work is performed, and the effort required;
- Identify and then compare the salaries of equivalent jobs;
- Correct any differences that may exist between these wages;
The employer must keep employees informed of the results. They must also report to the CNESST. On the CNESST website, employers may find all the information they need about their pay equity obligations as well as tools related to pay equity.
Fully Excluded Workers
People working in an enterprise with fewer than 10 workers are not covered by the Pay Equity Act. In such cases, the Charter of Human Rights and Freedoms applies. All other workers are covered by the Pay Equity Act, with the exception of the following:
- Students who undertake work designed for students during their summer vacation;
- Students who work during the academic year at an institution chosen by their educational institution to integrate practical experience with academic training as part of a recognized program;
- Students who work in their field of study at the educational institution where they are studying;
- Police and firefighters;
- Senior managers;
- Self-employed workers as defined in the Pay Equity Act
- Trainees working in a legally recognized vocational training program;
- Workers permanently assigned outside Quebec;
- Individuals who carry out an activity under an employment assistance measure or program.
Can You Be Fired After a Work Injury in Quebec
Occupational Health and Safety Act
The Occupational Health and Safety Act details the rights and obligations of employees and employers regarding occupational health and safety. This law is in place to prevent workplace accidents and occupational diseases by eliminating hazards to the health, safety and integrity of each employee.
Under this law, the employer must, among other things:
- Provide its employees with a safe working environment and the appropriate protective equipment;
- Inform employees of risks and train them in an appropriate manner.
Because senior managers are defined as representatives of their employer, they are therefore not protected by the Occupational Health and Safety Act.
What to Do After a Work Accident
Act Respecting Industrial Accidents and Occupational Diseases
The Act Respecting Industrial Accidents and Occupational Diseases provides for compensation for work-related injuries or illnesses, such as the benefits that an employee may receive. This Act also provides a set of rules surrounding the right to return to work.
The following workers are not covered under the Act Respecting Industrial Accidents and Occupational Diseases:
- Professional athletes whose sport is considered their primary source of income;
- Workers outside Quebec who are established outside Quebec during their assignment and who are still abroad after 5 years or more.
Challenging a Ruling Made by the CNESST
Personal Protection
Many workers are protected by the Act Respecting Industrial Accidents and Occupational Diseases, but only if they have personal protection. This protection is not mandatory.
Workers must personally apply for this coverage and those eligible for this coverage are:
- Associates;
- Commissioners of a school board;
- Officers;
- Part-time and full-time union officers
- Domestic helpers;
- Mayors;
- Members of a Board of Directors only;
- Members of a municipal council;
- Members of the council of a regional county municipality;
- Sole proprietors who employ at least one worker;
- Operators of a family day care service;
- Family-type resources or intermediate resources;
- Self-employed workers.
Even though an individual may be covered by an insurer that offers personal protection, the compensation may not reflect the reality of the damages suffered. If you are the victim of a work accident and you do not know your rights, contact a CNESST lawyer in Quebec.
