R-20, r. 8.01 - Regulation respecting letters describing the situation

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chapter R-20, r. 8.01
Regulation respecting letters describing the situation
LABOUR RELATIONS — LETTERS DESCRIBING THE SITUATION
Act respecting labour relations, vocational training and workforce management in the construction industry
(chapter R-20, s. 82, par. i).
R-20
January 7 2016
1. This Regulation determines the conditions to be met and the fee exigible for the issue of a letter describing the situation and the information that may be contained in the letter.
O.C. 1051-2015, s. 1.
2. The Commission de la construction du Québec issues the following letters describing the situation to an employer who applies for a letter and who meets the requirements of this Regulation:
(1)  a letter on construction work carried out on a job site and describing the situation of an employer and the employer’s sub-contractors to whom the employer subcontracted work, with respect to the construction activities on the job site and the obligations provided for in the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) and in this Regulation;
(2)  a letter for the purposes of a tender which describes the situation of an employer who wishes to tender, with respect to the employer’s activities on the construction site and the employer’s obligations provided for in the Act and in this Regulation.
O.C. 1051-2015, s. 2.
3. To be issued a letter describing the situation, an employer must be registered as such with the Commission, in accordance with the conditions provided for in the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11).
O.C. 1051-2015, s. 3.
4. To apply for a letter describing the situation, an employer must use the online services of the Commission by completing the prescribed form and provide the information required.
O.C. 1051-2015, s. 4.
5. A fee of $30 is exigible for the issue of a letter describing the situation, payable by using the online services of the Commission.
The date of filing an application is the date on which the application is received by the online services of the Commission.
O.C. 1051-2015, s. 5.
6. The Commission issues a letter describing the situation on the basis of the information brought to the attention of the Commission and the information sent by an employer at the time the application is filed.
O.C. 1051-2015, s. 6.
7. A letter describing the situation contains, as the case may be,
(1)  the identification of the job site, the nature and duration of the work, the name of the recognized client, the value of the contract before provincial and federal taxes, the employer’s workforce assigned to the work with regards to the number of employees and the cost, and the name of the employer’s sub-contractors;
(2)  the statement of the monthly reports sent by the employer for a 12-month period preceding the date of filing an application for a letter for the purposes of a tender and, for an application for a letter on construction work carried out on a job site
i.  the statement of the monthly reports sent by the employer for the duration of the work, without exceed-ing 12 months and
ii.  the information concerning the monthly reports not sent by the sub-contractor and the reports sent by the sub-contractor without the corresponding delivery, for the duration of the work, without exceeding 12 months;
(3)  any unpaid claim to the Commission by the employer, and the claim sent within the 24 months preceding the date of filing an application with a mention of the balance for a letter for the purposes of a tender. In the case of an application for a letter on construction work carried out on a job site, the letter mentions any unpaid claim sent to the employer and the employer’s sub-contractors for a period of the construction work carried out on the job site;
(4)  any disagreement notified in writing by the employer to the Commission regarding the subjection of the work to the scope of the Act or relating to the interpretation of a clause of the collective agreement after a claim is sent;
(5)  any amount held to guarantee payment of a claim by the employer or one of the sub-contractors;
(6)  any order to suspend work rendered in respect of the employer or one of the sub-contractors under section 7.4 of the Act and any contravention to such order, if either occurs within the 24 months preceding the date of filing an application for a letter for the purposes of a tender and relating to the construction work on the job site identified in the application and, where applicable, if the order has been the subject of an application for review pursuant to section 7.7 of the Act;
(7)  for a letter on construction work on a job site, that the employer or one of the sub-contractors, including one of their directors, shareholders, officers, partners or employees, while acting as such for the employer or sub-contractor, has been convicted of an offence provided for in Schedule I committed during the work and, for a letter for the purposes of a tender, that the employer, including one of the employer’s directors, shareholders, officers, partners or employees, while acting as such for the employer, has been convicted of an offence provided for in Schedule I committed within the 24 months preceding the date of filing an application;
(8)  that at the time of the work, the employer and the employer’s sub-contractors have not sent the notice provided for in the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11);
(9)  the holding by the employer of a licence issued under the Building Act (chapter B-1.1) and for the letter on the construction work carried out on a job site, by also indicating in the letter for each sub-contractor the periods in which they did not have a licence during the work;
(10)  that the licence of the employer is subject to a restriction as regards the obtention of a public contract under section 65.1 of the Building Act.
The information in subparagraphs 2 to 10 applies to the time the letter describing the situation for the purposes of a tender is applied for and, for the letter on construction work carried out on a job site, to the work period.
O.C. 1051-2015, s. 7.
8. A letter describing the situation issued by the Commission does not constitute a renunciation to the exercise of any of the recourses provided for in the Act.
O.C. 1051-2015, s. 8.
9. This Regulation applies to applications for letters describing the situation that are ongoing on the date of the coming into force of the Regulation (2016-01-07).
O.C. 1051-2015, s. 9.
10. (Omitted).
O.C. 1051-2015, s. 10.
SCHEDULE I
(section 7, par. 7)
OFFENCES


Law and regulation Sections Summary description of the offence


An Act respecting labour 7.2 with 120 A person involved in any construction
relations, vocational work who does not take the necessary
training and workforce means to enable the Commission
management in the and any person authorized by it for
construction industry that purpose to exercise the powers
(chapter R-20) provided for in section 7.1 of
the Act.


83(1) An employer who refuses or neglects
to furnish the Commission with the
information provided for in
subparagraph a of the first paragraph
of section 82 of the Act.


83(2) An employer who fails to grant, on
request of the Commission, or delays
to grant the Commission, access to the
register, the registration system or
the pay-list provided for in
subparagraph a of the first paragraph
of section 82 of the Act.


83(3) A person who does not grant, or delays
to grant, the Commission, or any
person authorized by it, access to
the place where construction work
is being done or to an establishment
of an employer.


83.1 An employer who fails to comply with
a request made by the Commission
pursuant to subparagraph f of the
first paragraph of section 81 of
the Act.


83.2 A person who fails to comply, within
the prescribed period, with a written
request made by the Commission
pursuant to section 81.0.1 of the Act.
A person who fails to comply with a
request made by the Commission to
furnish information or a document
pursuant to section 81.0.1 of the Act.


84 Whoever molests, hinders or insults
any member or employee of the
Commission in the performance of his
duties, or otherwise obstructs such
performance.


111.1 Whoever carries out or causes to be
carried out construction work in
contravention of a decision to suspend
work rendered under section 7.4.1 of
the Act.


119.1(3) Whoever hires the services of or
assigns to construction work an
employee who is not the holder of a
competency certificate.


122 (4) Whoever knowingly destroys, alters or
falsifies any register, pay-list,
registration system or document
relating to the application of the
Act, a regulation or a collective
agreement.


Regulation respecting 2 with 82 An employer who fails to send the
the register, monthly and 119.7 written notice provided for in
report, notices from of the Act section 2 of the Regulation.
employers and the
designation of a
representative
(chapter R-20, r. 11)


8 with 82 An employer who fails to keep a
and 120 register or enter the number of hours
of the Act worked in accordance with
section 8 of the Regulation.


11 with 82 An employer who fails to enter the
and 119.7 number of regular and extra hours of
of the Act an employee in the monthly report.


12 with 82 An employer who fails to send the
and 119.7 monthly report provided for in
of the Act section 12 of the Regulation.

O.C. 1051-2015, Sch. I.
REFERENCES
O.C. 1051-2015, 2015 G.O. 2, 3243