http://legisquebec.gouv.qc.ca/en/showdoc/cs/A-13.1.1#se:2http://legisquebec.gouv.qc.ca/en/showdoc/cs/A-13.1.1#se:2
TITLE I
PURPOSE, MEASURES, PROGRAMS AND SERVICES
CHAPTER I
GENERAL PRINCIPLES AND POWERS
1. Within the framework of the principles and policy directions set out in the Act to combat poverty and
social exclusion (chapter L-7), the purpose of this Act is to implement measures, programs and services
designed to foster the economic and social self-sufficiency of persons and families.
A further purpose of this Act is to encourage persons to engage in activities that promote their social
integration, their entry on the labour market and their active participation in society.
2005, c. 15, s. 1.
2. The measures, programs and services implemented under this Act are established to support persons in
their efforts to achieve and maintain economic and social self-sufficiency, as they are the first to act to
improve their situation and that of their families.
2005, c. 15, s. 2.
3. To those ends, the Minister of Employment and Social Solidarity offers reception, assessment and
referral services. The Minister may also offer employment-assistance and social assistance and support
measures, programs and services, and administer the financial assistance programs established under Title II.
2005, c. 15, s. 3.
4. These employment-assistance measures, programs and services focus on the components of an active
labour market policy, that is, job preparation, integration and retention as well as job stabilization and job
creation.
2005, c. 15, s. 4.
5. Within the scope of the employment-assistance measures, programs and services, the Minister may,
among other things,
(1) collect and disseminate labour market information;
(2) offer placement services;
(3) provide funding for courses, training programs or professional services;
(4) support bodies that provide employment-assistance services;
(5) offer means to facilitate the participation of handicapped persons in employment-assistance measures,
programs and services, in order to foster their entry on the labour market and their job retention, whether in a
regular work environment or in an adapted enterprise;
(6) assist employers, employee or employer associations, community bodies and regional or local
communities in developing and implementing strategies for dealing with changes in the labour force and
meeting workforce requirements;
(7) help improve labour market efficiency and minimize the impact of labour market restructuring;
(8) promote the development of labour market policy instruments and management tools; and
(9) support research and innovation in order to identify better ways of helping persons obtain or keep
employment.
2005, c. 15, s. 5; 2007, c. 3, s. 72.
6. The Minister may also assist persons in their efforts to enter, re-enter or remain on the labour market, in
particular by helping them obtain skills for employment, ranging from basic to specific skills, by encouraging
them to accept employment and by providing them with employment opportunities.
2005, c. 15, s. 6.
7. Within the scope of the social assistance and support measures, programs and services, the Minister may,
in particular,
(1) offer personalized support to help persons in their efforts to achieve social and professional
integration and self-sufficiency;
(2) refer persons to specialized external resources for interventions adapted to their needs; and
(3) favour local and regional initiatives designed for groups of persons facing common or special
difficulties.
2005, c. 15, s. 7.
8. The Minister may enter into agreements, in particular within the scope of pilot projects, with any person,
association, partnership or body to promote specific projects fostering the social and community integration
of persons and families.
After analysis, the Minister determines the standards applicable to the pilot projects. The Minister may at
any time modify a pilot project or terminate it after advising the person, association, partnership or body
concerned.
2005, c. 15, s. 8.
9. The Minister may assess a person’s circumstances and offer measures, programs and services
appropriate to the person’s needs.
The Minister may also propose that a person engage in certain activities, in particular as part of an
“Individualized Integration, Training and Employment Plan”.
2005, c. 15, s. 9.
10. As regards certain employment activities a person engages in within the framework of a measure or a
program, the Minister may sign a written agreement with the person and, where applicable, with the person
for whom the work is performed. The Minister may include conditions of employment in the agreement. The
agreement may also, for the purposes determined by the Minister, require the person for whom the work is
performed to consult, before the work begins, the association of employees legally recognized to represent the
members of the bargaining unit concerned.
In this agreement, the Minister may also provide for the payment of financial assistance to the employer, in
the form of wage subsidies, for instance.
2005, c. 15, s. 10.
11. Except in the cases and to the extent determined by regulation, the provisions of Chapter III of the
Public Administration Act (chapter A-6.01), the Labour Code (chapter C-27), the Act respecting collective
agreement decrees (chapter D-2), the Public Service Act (chapter F-3.1.1) and the Act respecting labour
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TITLE I
PURPOSE, MEASURES, PROGRAMS AND SERVICES
CHAPTER I
GENERAL PRINCIPLES AND POWERS
1. Within the framework of the principles and policy directions set out in the Act to combat poverty and
social exclusion (chapter L-7), the purpose of this Act is to implement measures, programs and services
designed to foster the economic and social self-sufficiency of persons and families.
A further purpose of this Act is to encourage persons to engage in activities that promote their social
integration, their entry on the labour market and their active participation in society.
2005, c. 15, s. 1.
2. The measures, programs and services implemented under this Act are established to support persons in
their efforts to achieve and maintain economic and social self-sufficiency, as they are the first to act to
improve their situation and that of their families.
2005, c. 15, s. 2.
3. To those ends, the Minister of Employment and Social Solidarity offers reception, assessment and
referral services. The Minister may also offer employment-assistance and social assistance and support
measures, programs and services, and administer the financial assistance programs established under Title II.
2005, c. 15, s. 3.
4. These employment-assistance measures, programs and services focus on the components of an active
labour market policy, that is, job preparation, integration and retention as well as job stabilization and job
creation.
2005, c. 15, s. 4.
5. Within the scope of the employment-assistance measures, programs and services, the Minister may,
among other things,
(1) collect and disseminate labour market information;
(2) offer placement services;
(3) provide funding for courses, training programs or professional services;
(4) support bodies that provide employment-assistance services;
(5) offer means to facilitate the participation of handicapped persons in employment-assistance measures,
programs and services, in order to foster their entry on the labour market and their job retention, whether in a
regular work environment or in an adapted enterprise;
(6) assist employers, employee or employer associations, community bodies and regional or local
communities in developing and implementing strategies for dealing with changes in the labour force and
meeting workforce requirements;
(7) help improve labour market efficiency and minimize the impact of labour market restructuring;
(8) promote the development of labour market policy instruments and management tools; and
(9) support research and innovation in order to identify better ways of helping persons obtain or keep
employment.
2005, c. 15, s. 5; 2007, c. 3, s. 72.
6. The Minister may also assist persons in their efforts to enter, re-enter or remain on the labour market, in
particular by helping them obtain skills for employment, ranging from basic to specific skills, by encouraging
them to accept employment and by providing them with employment opportunities.
2005, c. 15, s. 6.
7. Within the scope of the social assistance and support measures, programs and services, the Minister may,
in particular,
(1) offer personalized support to help persons in their efforts to achieve social and professional
integration and self-sufficiency;
(2) refer persons to specialized external resources for interventions adapted to their needs; and
(3) favour local and regional initiatives designed for groups of persons facing common or special
difficulties.
2005, c. 15, s. 7.
8. The Minister may enter into agreements, in particular within the scope of pilot projects, with any person,
association, partnership or body to promote specific projects fostering the social and community integration
of persons and families.
After analysis, the Minister determines the standards applicable to the pilot projects. The Minister may at
any time modify a pilot project or terminate it after advising the person, association, partnership or body
concerned.
2005, c. 15, s. 8.
9. The Minister may assess a person’s circumstances and offer measures, programs and services
appropriate to the person’s needs.
The Minister may also propose that a person engage in certain activities, in particular as part of an
“Individualized Integration, Training and Employment Plan”.
2005, c. 15, s. 9.
10. As regards certain employment activities a person engages in within the framework of a measure or a
program, the Minister may sign a written agreement with the person and, where applicable, with the person
for whom the work is performed. The Minister may include conditions of employment in the agreement. The
agreement may also, for the purposes determined by the Minister, require the person for whom the work is
performed to consult, before the work begins, the association of employees legally recognized to represent the
members of the bargaining unit concerned.
In this agreement, the Minister may also provide for the payment of financial assistance to the employer, in
the form of wage subsidies, for instance.
2005, c. 15, s. 10.
11. Except in the cases and to the extent determined by regulation, the provisions of Chapter III of the
Public Administration Act (chapter A-6.01), the Labour Code (chapter C-27), the Act respecting collective
agreement decrees (chapter D-2), the Public Service Act (chapter F-3.1.1) and the Act respecting labour
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standards (chapter N-1.1) apply to an employment activity engaged in within the framework of a measure or a
program established by the Minister.
2005, c. 15, s. 11.
12. Within the framework of employment-assistance and social assistance and support measures, programs
and services, the Minister may grant financial assistance, subject to the conditions set out in this Act or, if
there are no such conditions, subject to those determined by the Minister.
2005, c. 15, s. 12.
13. Within the framework of employment-assistance measures, programs and services, the Minister may
offer a person financial assistance, in particular to
(1) allow the person to complete training or acquire vocational qualifications;
(2) allow the person to acquire work skills and experience, thereby improving the person’s employment
prospects; and
(3) assist the person in efforts to enter, re-enter or remain on the labour market.
2005, c. 15, s. 13.
14. Financial assistance granted to a person participating in an employment-assistance measure or program
may be paid, for instance, in the form of an employment-assistance allowance or the reimbursement of
additional expenses.
If the person is a recipient under a financial assistance program provided for in Title II, the amount granted
as an employment-assistance allowance may not be less than the amount prescribed by regulation.
2005, c. 15, s. 14.
15. In the cases and under the conditions determined by the Minister, the Minister may establish a Social
Assistance and Support Program for recipients under the Social Assistance Program or the Social Solidarity
Program who require special help and support in view of their socio-professional profile.
To that end, the Minister may enter into an agreement with a body under which the body offers that help
and support in order to assist those persons in taking steps toward an active participation in society and to
provide them with adequate preparation to participate in an employment-assistance measure or program and
improve their prospects of entering the labour market.
That assistance may in particular contribute to
(1) reinforcing their interest in moving forward;
(2) identifying their needs;
(3) developing or maintaining certain skills, attitudes or behaviours; and
(4) finding ways to remove the obstacles to their socio-professional development.
2005, c. 15, s. 15.
16. In the cases and under the conditions determined by the Minister, the Minister may grant financial
assistance, in particular in the form of a support allowance, to a person participating in a Social Assistance.
If the person is a recipient under the Social Assistance Program or the Social Solidarity Program, the
support allowance is determined by regulation and added to the basic benefit amount applicable to the person.
As part of an agreement entered into with a body to implement the program, the Minister may also provide for
the payment of financial assistance to that body.
2005, c. 15, s. 16.
17. Subject to the conditions the Minister determines, the Minister may recognize as an employment-
assistance allowance or a support allowance financial assistance paid to a recipient under the Social
Assistance Program or the Social Solidarity Program by a person, an association, a partnership or a body with
which that recipient engages in activities of the same nature as those for which such allowances are granted.
For the purposes of this Act, financial assistance granted as an employment-assistance allowance to a
Native person under a workforce and employment agreement entered into with the Government of Canada
and determined by regulation is financial assistance recognized by the Minister as an employment-assistance
allowance.
2005, c. 15, s. 17; 2007, c. 3, s. 72.
18. In the cases and under the conditions prescribed by regulation, financial assistance granted by the
Minister as an employment-assistance allowance, or financial assistance recognized as an employment-
assistance allowance or a support allowance, is excluded from the calculation of the benefit granted under the
Social Assistance Program or the Social Solidarity Program, up to the amount prescribed by regulation for
each allowance.
2005, c. 15, s. 18.
19. Except in the cases and under the conditions prescribed by regulation, a person may not concurrently
receive
(1) an employment-assistance allowance and a support allowance, whether granted by the Minister or
paid by a third person and recognized by the Minister;
(2) an employment-assistance allowance granted by the Minister and financial assistance the Minister
recognizes as an employment-assistance allowance; or
(3) a support allowance granted by the Minister and financial assistance the Minister recognizes as a
support allowance.
2005, c. 15, s. 19.
20. Financial assistance granted under this Act to a natural person who is not an employer is unassignable
and unseizable, with the exception of the part of an employment-assistance allowance exceeding an amount
determined by regulation, up to 50% of which may be seized for non-payment of support.
2005, c. 15, s. 20.
21. The powers of the Minister in matters of workforce and employment under this Title are exercised in
agreement with the provisions of the Act respecting the Ministère de l’Emploi et de la Solidarité sociale and
the Commission des partenaires du marché du travail (chapter M-15.001), particularly as concerns the
functions and powers of the Commission des partenaires du marché du travail and of the regional councils of CHAPTER II
COMMON PROVISIONS
DIVISION I
DEFINITIONS
22. The word “spouses” means
(1) persons who are married or in a civil union with each other and who cohabit;
(2) persons of opposite sex or the same sex who cohabit and who are the parents of a child, unless they
establish that their cohabitation is temporary and results from exceptional circumstances related to a serious
health problem of one of them or of one of their children;
(3) persons of full age of the opposite or the same sex who live together in a de facto union and who, at
any one time, cohabited for a period of not less than one year.
Such persons remain spouses or, for the purposes of subparagraph 3 of the first paragraph, are presumed to
have continued to cohabit despite the temporary absence of one of them.
The minimum one-year period of cohabitation specified in subparagraph 3 of the first paragraph may be
extended by regulation, in the cases and under the conditions prescribed by regulation.
2005, c. 15, s. 22; 2
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23. Subject to the cases and conditions determined by regulation, the following persons are considered to
be dependants of their father or their mother or of another adult designated by regulation if they are dependent
on one of those persons for their basic needs:
(1) minor children who are neither fully emancipated nor the father or mother of a child who is their
dependant; and
(2) children of full age who attend an educational institution and who are neither the spouse of another
person nor married nor in a civil union nor the father or mother of a child who is their dependant.
2005, c. 15, s. 23.
24. An adult is a person other than a dependent child.
2005, c. 15, s. 24.
25. A family is composed of
(1) an adult and the adult’s dependent children;
(2) spouses and their dependent children or the dependent children of either spouse; or
(3) spouses who have no dependent children.
Despite the first paragraph, a person remains, ceases to be or becomes a member of a family in the
circumstances determined by regulation, and an adult who does not meet the eligibility requirements set out in
section 26 or to whom paragraph 2 of section 27 applies is not considered a member of a family.
2005, c. 15, s. 25.
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DIVISION II
GENERAL ELIGIBILITY REQUIREMENTS
26. To be eligible for financial assistance, an adult must reside in Québec within the meaning of the
regulation and in the cases and under the conditions determined by that regulation, and be
(1) a Canadian citizen within the meaning of the Citizenship Act (Revised Statutes of Canada, 1985,
chapter C-29);
(2) an Indian registered as an Indian under the Indian Act (Revised Statutes of Canada, 1985, chapter
I-5);
(3) a permanent resident within the meaning of the Immigration and Refugee Protection Act (Statutes of
Canada, 2001, chapter 27); or
(4) a person to whom asylum has been granted in Canada by the competent Canadian authorities in
accordance with the Immigration and Refugee Protection Act.
However, an adult in any class of persons other than those referred to in subparagraphs 1 to 4 of the first
paragraph may be eligible in the cases and under the conditions determined by regulation. Eligibility may be
limited by regulation, however, to certain programs, benefits or allowances.
2005, c. 15, s. 26.
27. The following are not eligible for financial assistance, except in the cases and under the conditions
determined by this Act or by regulation:
(1) adults attending, within the meaning of the regulation, a secondary-level educational institution in a
vocational program or a postsecondary educational institution, and families that include such an adult;
(2) adults who are members of a religious community that has the means to provide for its members;
(3) independent adults who are minors who are not fully emancipated;
(4) adults incarcerated in a penitentiary or detained in a correctional facility or any other prison, or
required to reside in a half-way house.
2005, c. 15, s. 27; 2002, c. 24, s. 209.
28. Subject to the conditions the Minister determines, the Minister may, however, offer an employment-
assistance or social assistance and support measure, program or service to a person who does not meet the
eligibility requirements set out in sections 26 and 27.
2005, c. 15, s. 28.
DIVISION III
RECIPROCAL RIGHTS AND OBLIGATIONS
29. The Minister must assist any person who requests it to facilitate the person’s understanding of and
access to a measure, a program or a service. Among other things, the Minister must assist the person in
making an application for financial assistance.
2005, c. 15, s. 29.
30. A person wishing to obtain financial assistance must apply to the Minister according to the procedure
the Minister prescribes and provide the Minister with any document or information necessary to ascertain the
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Please see the full Act for more details.
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