Decree respecting the automotive services industry in the montréal region


In this Decree, unless the context requires otherwise, the following expressions mean:

(1) “apprentice” : employee who learns one of the trades for which the parity committee issues a qualification certificate;

(2) “artisan” : person working on his own account alone or in partnership and who performs work governed by the Decree for others;

(3) “parts clerk” : employee whose duties are related mainly to distributing or selling vehicle parts, accessories or tires where such parts, accessories or tires are distributed or sold to garages, service stations, parts shops, new or used car dealers and to any establishment whose activities are governed by the Decree or where such parts, accessories or tires are used by those establishments when performing work governed by the Decree;

(4) “messenger” : employee working in an establishment where work governed by the Decree is performed, whose duties are related mainly to delivering vehicle parts, accessories or tires;

(5) “journeyman” : employee whose duties are related mainly to maintenance, tests, inspections, repairs, alterations or other work of the same type, necessary or useful to keep a vehicle in good working order, and who has been qualified by the parity committee for one or more of the following trades related to the automobile industry: bodyman, electrician, general mechanic, painter, upholsterer, tune-up specialist, radiator repair specialist, gas welder, arc welding, trim man, alignment and suspension specialist, automatic transmission mechanic;

(6) “spouse” : means either of 2 persons who:

(a) are married or in a civil union and cohabiting;

(b) being of opposite sex or the same sex, are living together in a de facto union and are the father and mother of the same child;

(c) are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more;

(7) “dismantler” : employee whose duties are related mainly to dismantling a vehicle for the purposes of selling or storing the parts;

(8) “grade” : period during which an employee acquires 2,000 hours of experience in one of the trades provided for in the Decree. Only the annual leave, the special leaves and the paid statutory general holidays are taken into account in the computation of hours of experience;

(9) “combination of road vehicles” : a combination of vehicles composed of a motorized heavy road vehicle hauling a trailer, a semi-trailer or a detachable axle;

(10) “washer” : employee whose duties are related mainly to one or another of the following tasks: washing, cleaning, wiping or waxing vehicles or their parts, by hand or with machines;

(11) “brake mechanic” : employee whose main duty is to see that everything pertaining to the proper functioning of brakes is in good order. Before being classified as a brake mechanic, the employee must have completed 2 years as an apprenticed mechanic and then he may apply to take the examinations prepared by the parity committee;

(12) “automatic transmission mechanic” : journeyman whose duty is related mainly to repairing automatic transmissions;

(13) “semiskilled worker” : employee whose duties are related mainly to one or another of the following tasks:

(a) restoring, overhauling, repairing or retooling vehicle parts or accessories without assembling them on the vehicle, and examining parts or accessories sold with guarantees, whether or not they are installed on a vehicle, where they are returned because of a defect;

(b) installing upholstery, hubcaps, windshield or windows;

(13.1) “relative” : the employee’s spouse, the child, father, mother, brother, sister and grandparents of the employee or the employee’s spouse, as well as those persons’ spouses, their children and their children’s spouses. The following are also considered to be an employee’s relative for the purposes of this Decree:

(a) a person having acted, or acting, as a foster family for the employee or the employee’s spouse;

(b) a child for whom the employee or the employee’s spouse has acted, or is acting, as a foster family;

(c) a tutor or curator of the employee or the employee’s spouse or a person under the tutorship or curatorship of the employee or the employee’s spouse;

(d) an incapable person having designated the employee or the employee’s spouse as mandatary;

(e) any other person in respect of whom the employee is entitled to benefits under an Act for the assistance and care the employee provides owing to the person’s state of health;

(14) “trim man” : journeyman whose main duty is to installing safety belts, performing minor welding, performing minor paint touch-ups, replacing and adjusting and installing window and seat regulators that are manually or electrically operated, adjusting and repairing locks in general, adjusting the tops of convertible vehicles and repairing the related mechanism, locating and eliminating body noises, locating and eliminating water and dust infiltration, performing alignments on doors and windows, installing and aligning body mouldings, adjusting windows, doors, fenders, hoods and trunk doors, installing minor accessories on the vehicle required by the customer on buying the vehicle, installing or removing radios on vehicles, removing or installing the rear defroster, removing the mirror control, removing windshield wipers;

(15) “alignment and suspension specialist” : journeyman whose duties are related mainly to performing repairs involving the suspension and alignment of a vehicle;

(16) (paragraph revoked);

(17) “service attendant” : employee whose duties are related mainly to one or another of the following tasks:

(a) lubricating, changing oil, applying anti-rust, balancing wheels, installing, repairing or dismantling shock absorbers, windshield wipers, headlights, filters, tires, mufflers, and installing or boosting batteries on a vehicle;

(b) transporting customers only if he performs other tasks governed by the Decree;

(18) “uninterrupted service” : the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of work has been interrupted without cancellation of the contract, and the period during which fixed-term contracts succeed one another without an interruption that would, in the circumstances, give cause to conclude that the contract was not renewed;

(19) “vehicle” : a combination of road vehicles and a heavy road vehicle within the meaning of this Decree as well as a motor vehicle and a road vehicle as defined in section 4 of the Highway Safety Code (chapter C-24.2), excluding mopeds and motorcycles as defined in section 4 of that Code, an all-terrain vehicle as defined in section 1 of the Regulation respecting all-terrain vehicles (chapter V-1.2, r. 6), a snowmobile as defined in section 1 of the Regulation respecting snowmobiles (chapter V-1.2, r. 1) and any other vehicle intended to be used off public roads owing to its nature, purpose or the operation of a law;

(20) “heavy road vehicle” : a road vehicle whose net mass is 4,500 kg or more;

(21) “week” : a period of 7 consecutive days from midnight at the beginning of a particular day to midnight at the end of the 7th day, according to the weekly pay period set by the employer and entered in the employer’s registration system.

R.R.Q., 1981, c. D-2, r. 46, s. 1.01; O.C. 1693-82, s. 2; O.C. 296-92, s. 3; O.C. 632-98, s. 1; O.C. 1386-99, s. 2; O.C. 33-2007, s. 1; O.C. 381-2019, s. 1; O.C. 57-2021, s. 1.
Names of Contracting Parties

(1) Group representing the employer contracting party:

La Corporation des concessionnaires d’automobiles de Montréal inc.;

The Automobile Industries Association of Canada;

Association des spécialistes de pneu et mécanique du Québec (ASPMQ);

L’Association des marchands Canadian Tire du Québec inc.;

Association des services de l’automobile;

Corporation des carrossiers professionnels du Québec;

(2) Group representing the union party:

Unifor section locale 4511;

Syndicat national des employés de garage du Québec inc.

O.C. 1386-99, s. 3; O.C. 889-2001, s. 1; O.C. 484-2012, s. 1; O.C. 381-2019, s. 2.