Workers who are not covered

The CNESST protects the majority of workers in Québec. However, certain categories are not covered by the legislation administered by the CNESST.

Loi sur les normes du travail

Workers who are totally excluded

The following workers are not covered by the Loi sur les normes du travail:

• self-employed workers
• members of the Canadian Armed Forces
• workers who carry out employment-related activities both in Québec and outside Québec for an employer who does not have a residence, domicile, business, head office or office in Québec
• employees who carry out employment-related activities only outside Québec, but who are domiciled or reside in Québec, for an employer who has no residence, domicile, business, head office or office in Québec
• the staff of an embassy or consulate located in Québec
• beneficiaries referred to in the Loi sur la santé et les services sociaux pour les autochtones cris who are working toward their physical, mental or social rehabilitation in one of the following institutions: a CLSC (local community services centre), a CSS (social services centre), a hospital centre or a reception centre
• health care professionals
• people who perform compensatory work in connection with a criminal offence
• incarcerated persons
• people who perform work under the Young Volunteers measure, an employment assistance or social assistance and support measure or program focused on training or the acquisition of skills, vocational guidance, workplace integration, the development of autonomy and social and professional integration or an employment assistance measure that includes exploration or observation during a training period
• workers in sectors of activity governed by the Canada Labour Code (federal) such as:
  • international and interprovincial services related to:
    • road transport
    • railways
    • maritime and river transport (including related services)
    • telephone, cable and telegraph systems
    • ferries, pipelines, tunnels and bridges
  • radio or television broadcasting services including cablevision (except Télé-Québec)
  • air transport services (including aircraft operations and aerodromes)
  • banks (except credit unions)
  • grain elevator companies
  • uranium mining and processing companies

Workers who are partially excluded

Workers subject to the Construction Decree and senior managers are covered only by labour standards relating to retirement, psychological or sexual harassment and family leave. They are not covered by the other standards.

The following workers are covered only by standards relating to retirement and psychological harassment. They are not covered by the other standards:

• athletes who must pursue an academic program to be part of a sports team
• students who work during the school year in a company selected by an educational institution in accordance with a work initiation program approved by the Minister of Education
• workers under contract whose remuneration is fixed by a regulation of the Government of Québec
• workers who provide care to a person:
  • in the person’s home
  • on an occasional basis
    or
  • whose employment is based on a family or community assistance relationship
  • and whose employer who does not seek to make a profit.

Loi sur l’équité salariale

Workers who are excluded

People who work in a company with fewer than 10 workers are not covered by the Loi sur l’équite salariale. In this case, the Charter of Human Rights and Freedoms applies instead.

Other workers are covered by the Loi sur l’équite salariale, with the following exceptions:

• students who work in a position intended for students only during their summer holidays
• students who work during the school year in an establishment chosen by an educational institution to integrate practical experience with theoretical training as part of an accredited program
• students who work in their field of study at the educational institution where they are studying
• police officers and firefighters
• senior managers
• self-employed workers as defined in the Loi sur l’équite salariale
• trainees in a vocational training program recognized by law
• workers who are permanently assigned outside Québec
• people who carry out an activity under an employment assistance measure or program

Loi sur la santé et la sécurité du travail

Senior managers are considered to represent their employer. They are not protected by the Loi sur la santé et sécurité du travail.

Loi sur les accidents du travail et les maladies professionnelles

The following workers are not protected by the Loi sur les accidents du travail et les maladies professionnelles:

• professional athletes whose main source of income is sport
• workers outside Québec established outside Québec during their assignment and who are still living abroad after 5 years

Personal coverage

Some workers are protected by the Loi sur les accidents du travail et les maladies professionnelles only if they have personal coverage. This coverage is optional. Eligible workers must apply for it. The following workers are eligible:

• partners
• commissioners of a school board
• executive officers
• part-time or full-time union officers
• domestics
• mayors
• members whose sole function is to sit on a board of directors
• members of a municipal council
• members of a regional county municipality (RCM) council
• sole proprietors who employ at least one worker
• home childcare providers
• intermediate or family-type resources
• self-employed workers

Personal coverage does not make these workers eligible for the For a Safe Maternity Experience Program.