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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER IV - Labour standards

Annual leave with pay (section 66 to 77)

Sections
66
67
68
68.1
69
70
71
71.1
72
73
74
74.1
75
76
77

Section 77

Persons exempted from leave

Sections 66 to 76 do not apply to the following persons:

  1. (Paragraph repealed);
  2. a student employed in a vacation camp or in a social or community non-profit organization such as a recreational organization;

Interpretation

See the interpretation of subparagraph 2) of section 54 ALS.

  1. a real estate agent within the meaning of the Real Estate Brokerage Act (chapter C-73.1), entirely remunerated on commission;

Interpretation

It should be noted that, in order to be excluded from the application of the section of the Act relating to annual paid leaves, a real estate agent must be entirely remunerated on commission.

  1. a representative of a dealer or adviser within the meaning of section 149 of the Securities Act (chapter V-1.1), entirely remunerated by commission;

Interpretation

The representative in question here is defined in section 56 of the Derivatives Act or section 149 of the Securities Act:

"Every natural person carrying on business as a dealer or adviser on behalf of a person subject to registration under section 54 or section 148 must be registered with the Authority as a representative of that person."

Under the aforementioned section 56 and section 148, "No person may carry on business as a dealer or adviser unless registered as such with the Authority".

In these provisions reference is made to the Autorité des marchés financiers.

Moreover, it should be noted that in order to be excluded from the application of the division of the Act dealing with paid annual leaves, the representative must be entirely remunerated by commission.

  1. a representative within the meaning of the Act respecting the distribution of financial products and services (1998, chapter 37) remunerated entirely by commission;

Interpretation

The Act respecting market intermediaries has been replaced, since October 1, 1999, by the Act respecting the distribution of financial products and services (R.S.Q., c. D-9.2). However, section 578 of this latter Act stipulates that a referral to the Act respecting market intermediaries is a referral to the Act respecting the distribution of financial products and services and that the expression "market intermediary in insurance" now designates an "insurance representative", or an "agent or broker in damage insurance or claims adjuster", or a "representative in insurance of persons".

Since October 1, 1999, the expression "market intermediary" used in subparagraph 5 of section 77 ALS therefore refers to one of these persons who are defined in sections 2 to 6 and 10 of the Act respecting the distribution of financial products and services (R.S.Q., c. D-9.2).

  1. "2. An insurance representative is either a representative in insurance of persons, a group insurance representative, a damage insurance agent or a damage insurance broker.

  1. 3. A representative in insurance of persons is a natural person who offers individual insurance products in insurance of persons or individual annuities from one or more insurers directly to the public, to a firm, to an independent representative or to an independent partnership.

    A representative in insurance of persons acts as an advisor in the field of individual insurance of persons and is authorized to secure the adhesion of a person in respect of a group insurance or group annuity contract.
    The following are not representatives in insurance of persons:

    1. persons who, on behalf of an employer, a union, a professional order or an association or professional syndicate constituted under the Professional Syndicates Act (R.S.Q., c. S-40), secure the adhesion of an employee of that employer or of a member of that union, professional order, association or professional syndicate in respect of a group contract in insurance of persons or a group annuity contract;
    2. the members of a mutual benefit association that does not guarantee the payment of a benefit upon the occurrence of a risk who offer policies for the mutual benefit association.

  2. 4. A group insurance representative is a natural person who offers insurance products in group insurance of persons or group annuities from one or more insurers. A group insurance representative also acts as an advisor in the field of group insurance of persons.

    Actuaries who, in pursuing activities as an actuary, offer insurance products in group insurance of persons or group annuities are not group insurance representatives.
  3. 5. A damage insurance agent is a natural person who, on behalf of a firm that is an insurer or that is bound by an exclusive contract with a single damage insurer, offers damage insurance products directly to the public. A damage insurance agent also acts as an advisor in the field of damage insurance.

    A person who offers liability insurance products for the insurance fund established by the Autorité des marchés financiers is not a damage insurance agent.
  4. 6. A damage insurance broker is a natural person who offers a range of damage insurance products from several insurers directly to the public, or who offers damage insurance products from one or more insurers to a firm, an independent representative or an independent partnership. A damage insurance broker also acts as an advisor in the field of damage insurance.
    […]
  5. 10. A claims adjuster is a natural person who, in the field of damage insurance, investigates insured losses, appraises damages and negotiates the settlement of claims.
    The following are not claims adjusters:

    1. persons who, in pursuing activities in a field other than insurance, carry out one of the functions of a claims adjuster;
    2. natural persons who act as appraisers within the meaning of Title VI of the Automobile Insurance Act (R.S.Q., c. A-25)."

  1. (Paragraph repealed);
  2. a trainee within the framework of a vocational training programme recognized by law.

Interpretation

The trainee referred to in subparagraph 7) is a person whose vocational training program is recognized by law. There must therefore be an Act or a regulation stipulating that a training program must be completed and the length of such program.

However, the Government may, by regulation, render all or some of the provisions of sections 66 to 76 applicable to the employees described in subparagraph 2 of the first paragraph.

1979, c. 45, s.77; 1980, c. 5, s. 6; 1982, c. 58, s. 59; 1986, c. 95, s. 203; 1990, c. 73, s. 28; 1989, c. 48, s. 251; 1991, c. 37, s. 173; 1998, c. 37, s. 529; 2002, c. 80, s. 25.

Interpretation

The Government may, by regulation, have all of the provisions dealing with the annual leave apply to the students referred to in subparagraph 2.

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