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Part II - Regulations adopted under the Act respecting labour standards

Regulation respecting labour standards (S.Q., 1979, c. 45, s. 88, 89 and 91; after revision: R.S.Q., c. N-1.1)

This Regulation was passed by the government under Order in council 873-81, on March 11, 1981. It came into force on April 1, 1981. A revised version then came into force on August 1, 1982 and on June 26, 2003. To increase the minimum wage rates, this version of the Regulation was amended on several occasions by various decrees.

Division I : Definitions and interpretation

Sections
1

Section 1

In this Regulation, unless the context requires otherwise, the following mean:

remote area: an area that is inaccessible by a passable road and where no regular transport system connects it to the Québec road network;

forestry operation:

  1. an enterprise engaged in felling, stripping, cutting into lengths, transporting and loading wood on trucks, boats or railroad cars; mills or establishments where sawing or hewing are carried out exclusively for forestry operations, save for work involved in the transformation of wood once it leaves the forest;
  2. an enterprise carrying out in the forest the construction and maintenance of roads, camps, locks, pillars, loading and floating facilities;
  3. an enterprise carrying out works to enhance, clear, reforest, drain and irrigate forest land;
  4. an enterprise to float logs;
  5. an enterprise to protect forests;
  6. an enterprise engaged in clearing for the purpose of constructing roads, highways, dams, transmission lines or any similar work in the forest;
  7. an enterprise of a jobber, contractor, subcontractor or an intermediary who carries out his activities in the forest for the benefit of one of the enterprises mentioned above;
  8. an enterprise of a lessee who leased the exclusive rights to hunt and fish part of the territory in the public land;
  9. an enterprise of an association mandated by the Minister of Natural Ressources and Wildlife in order to manage the wildlife on State land;
  10. an enterprise of a hunting and fishing outfitter;

employee who receives gratuities or tips: an employee who ordinarily receives gratuities or tips and who works

  1. in an establishment that offers lodging to tourists in return for payment, including a campground;
  2. in a place where alcoholic beverages are sold for consumption on the premises;
  3. for an enterprise that sells, delivers or serves meals to be eaten off the premises; or
  4. in a restaurant, except if it is a place where the main activity consists in the providing of food services to customers who order or choose the items at a service counter and who pay before eating.

sawmill: establishment where one of the following operations is carried out: sawing, cutting up, planing and all related operations such as drying, piling and delivery, but not including assembly;

public works: construction or engineering works of all types not governed by the Act respecting labour relations in the construction industry (R.S.Q., c. R-20), carried out on behalf of one or several government departments, or on the behalf of any commission or corporation directly under the authority of one of these departments;

works on the territory of the James Bay region: works carried out on the territory of the James Bay region and realized under the charge of Hydro-Québec, the Société d'énergie de la Baie James or the Société de développement de la Baie James.

Interpretation

"employee who receives gratuities or tips"

The use of the expression "employee who ordinarily receives gratuities or tips" refers to the notion of regularity in the payment of the gratuity or tip rather than the quantity of the gratuity or tip. The decisive element consists of checking if the majority of patrons generally tip the employee in question.

Moreover, it is customary for patrons to give the tip to the person who renders the service. Indeed, the jurisprudence has ruled that the person who renders the service to the patron is entitled to the gratuity or tip. For example, the staff members of a restaurant who take care of administration or maintenance do not provide direct services to the clientele in the room where the meals are served when the patron arrives. By reason of this fact, this staff cannot be considered employees who ordinarily receive gratuities or tips.

This definition of "employee who receives gratuities or tips" specifies the types of undertakings in which an "employee who ordinarily receives gratuities or tips" works:

  1. establishments that offer lodging to tourists and campgrounds;
  2. places where alcoholic beverages are sold for consumption on the premises, such as bars;
  3. enterprises that sell, deliver or serve meals to be eaten off the  premises;
  4. restaurants, except if they are places where the main activity consists in the providing of food services to patrons who order or choose the items at a service counter and who pay before eating, such as so-called “fast food” businesses.

See the interpretation in section 4 RLS.

R.R.Q., 1981, c. N-1.1, r. 3, s. 1; S.Q. 1986, c. 89, s. 50; O.C. 1288-90, s. 1; O.C. 638-2003, s. 1.

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