CNESST: Resources and definitions
In this article, you will find information on the following subjects:
** As of January 1, 2016, the Commission des normes du travail (CNT), the Commission de l’équité salariale (CES) and the Commission de la santé et de la sécurité du travail (CSST) have merged, and are now known as Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST).**
Before reading further, please bear in mind that the information presented here is general in nature and does not express the opinion of a physician or a representative of the CNESST concerning a work accident or an employment injury. If you require legal advice or guidance on the interpretation of the applicable laws, regulations, and by-laws, consult a lawyer or notary. You can also contact the CNESST or the following associations and groups to get general information on occupational health and safety.
1 844 838-0808 (Monday to Friday from 8 a.m. to 5 p.m.)
Centre de ressources et transition pour danseurs
Parise Mongrain, Program Director
Union des artistes
514 288-7150, extension 1000 or 1-877-288-6682 (toll free)
Union des Travailleurs et Travailleuses Accidentés de Montréal (UTTAM)
The Act respecting occupational health and safety (LSST) sets out the obligations of employers, workers and service providers in regards to the prevention of occupational accidents and diseases. As for Act respecting industrial accidents and occupational diseases (LATMP), it deals with financing, compensation, and the rehabilitation of employment injuries. The purpose of this Act is to provide compensation for employment injuries and the related consequences for workers, and to collect from employers the sums required to finance the plan. The CNESST is responsible for the application of this law.
The Act respecting industrial accidents and occupational diseases defines the terms below as follows, unless the context calls for a different meaning:
A sudden and unforeseen event, attributable to any cause, which happens to a person, arising out of or in the course of his work and resulting in an employment injury to them.
A person who, under a work contract or an apprenticeship contract, retains the services of a worker for the purposes of their establishment.
An injury or a disease arising out of or in the course of an industrial accident, or an occupational disease, including a recurrence, relapse or aggravation.
A disease contracted out of or in the course of work and characteristic of that work or directly related to the risks peculiar to that work.
A natural person who does work for an employer for remuneration under a contract of employment or apprenticeship, except:
A natural person who is in business for themselves, alone or as a company, and who doesn’t have employees working for them.
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The Act respecting occupational health and safety stipulates that any employer or worker who feels wronged by a CNESST decision has the right to contest it. A written request for a review must be submitted to the CNESST office in the region where the worker lives, no more than 30 days after receiving the decision. The employer or the worker must indicate the object of the decision and the grounds for contesting it. The CNESST may confirm, rescind or amend the decision rendered after giving the worker the opportunity to present their arguments. If the worker or the employer still feel wronged by the new decision, they must file an appeal with the Commission des lésions professionnelles. The worker can receive support throughout the review process from an attending physician, an association (UDA, CRTD, UTTAM, etc.) or a lawyer.
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Updated in February 2021