B-1.1 - Building Act

Full text
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out construction work for meriting the public’s trust;
(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(5.1)  he holds liability insurance whose nature, coverage and other terms are determined by regulation of the Board;
(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;
(7)  he has furnished the security payable under section 84, where applicable;
(7.1)  he has furnished the security payable under section 85, where applicable;
(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;
(8)  unless he has obtained a pardon, he has not, in the five years preceding the application, been convicted of
(a)  an offence under a fiscal law or an indictable offence related to the activities he intends to carry on in the construction industry;
(b)  an indictable offence under section 45 or 47 of the Competition Act (R.S.C. 1985, c. C-34);
(c)  an offence under any of sections 5, 6 and 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19); or
(d)  an indictable offence under subsection 1 of section 380, section 462.31 or any of sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);
(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;
(8.2)  he has provided a list of any lenders he may have under a contract for the loan of money, along with a statement from each lender stipulating whether the lender or, in the case of a partnership or a legal person, its officers, whose names the lender must provide, have, in the five years preceding the loan, been convicted of an offence or indictable offence referred to in subparagraph 8 unless they have obtained a pardon;
(8.3)  he has filed any declaration, information or document required by the Board concerning offences or indictable offences referred to in subparagraph 8 of which he or a person referred to in subparagraph 8.2 has been convicted;
(8.4)  he has not, in the five years preceding the application, been convicted by a foreign court of an offence or indictable offence referred to in subparagraph 8 which, if committed in Canada, would have resulted in criminal proceedings;
(8.5)  he has not falsified or misrepresented the facts relating to a licence application, or failed to provide information in order to obtain a licence;
(8.6)  he has provided a copy of photo identification issued by a government authority;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.
Subparagraph 2 of the first paragraph does not apply to a natural person who meets one of the conditions set out in subparagraphs 6, 7, 7.1 and 7.2 of the said paragraph.
Despite subparagraph 8 of the first paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, a licence may not be issued before five years have elapsed since the end of the term of imprisonment imposed by the sentence, unless the person on whom the term of imprisonment was imposed has obtained a pardon.
Subparagraph 8.2 of the first paragraph does not apply to the authorized financial institutions referred to in paragraphs 1 to 4 of section 4 of the Insurers Act (chapter A-32.1) or to the banks listed in Schedules I and II to the Bank Act (S.C. 1991, c. 46).
The copy of photo identification filed under subparagraph 8.6 of the first paragraph shall be kept by the Board until the issue date of the licence, the date of the final decision refusing to issue the licence or the date on which the licence application is abandoned. The copy shall then be destroyed in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and the Archives Act (chapter A-21.1).
1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169; 1996, c. 74, s. 1; 1998, c. 46, s. 19; 2005, c. 22, s. 47; 2009, c. 57, s. 1; 2011, c. 35, s. 1; 2018, c. 132018, c. 13, s. 8; 2018, c. 232018, c. 23, s. 723.
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out construction work for meriting the public’s trust;
(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(5.1)  he holds liability insurance whose nature, coverage and other terms are determined by regulation of the Board;
(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;
(7)  he has furnished the security payable under section 84, where applicable;
(7.1)  he has furnished the security payable under section 85, where applicable;
(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;
(8)  unless he has obtained a pardon, he has not, in the five years preceding the application, been convicted of
(a)  an offence under a fiscal law or an indictable offence related to the activities he intends to carry on in the construction industry;
(b)  an indictable offence under section 45 or 47 of the Competition Act (R.S.C. 1985, c. C-34);
(c)  an offence under any of sections 5, 6 and 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19); or
(d)  an indictable offence under subsection 1 of section 380, section 462.31 or any of sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);
(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;
(8.2)  he has provided a list of any lenders he may have under a contract for the loan of money, along with a statement from each lender stipulating whether the lender or, in the case of a partnership or a legal person, its officers, whose names the lender must provide, have, in the five years preceding the loan, been convicted of an offence or indictable offence referred to in subparagraph 8 unless they have obtained a pardon;
(8.3)  he has filed any declaration, information or document required by the Board concerning offences or indictable offences referred to in subparagraph 8 of which he or a person referred to in subparagraph 8.2 has been convicted;
(8.4)  he has not, in the five years preceding the application, been convicted by a foreign court of an offence or indictable offence referred to in subparagraph 8 which, if committed in Canada, would have resulted in criminal proceedings;
(8.5)  he has not falsified or misrepresented the facts relating to a licence application, or failed to provide information in order to obtain a licence;
(8.6)  he has provided a copy of photo identification issued by a government authority;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.
Subparagraph 2 of the first paragraph does not apply to a natural person who meets one of the conditions set out in subparagraphs 6, 7, 7.1 and 7.2 of the said paragraph.
Despite subparagraph 8 of the first paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, a licence may not be issued before five years have elapsed since the end of the term of imprisonment imposed by the sentence, unless the person on whom the term of imprisonment was imposed has obtained a pardon.
Subparagraph 8.2 of the first paragraph does not apply to insurers as defined by the Act respecting insurance (chapter A-32) and duly authorized to act in that capacity, financial services cooperatives as defined by the Act respecting financial services cooperatives (chapter C-67.3), trust companies and savings companies as defined by the Act respecting trust companies and savings companies (chapter S-29.01) and duly authorized to act in that capacity, or banks listed in Schedule I or II to the Bank Act (S.C. 1991, c. 46).
The copy of photo identification filed under subparagraph 8.6 of the first paragraph shall be kept by the Board until the issue date of the licence, the date of the final decision refusing to issue the licence or the date on which the licence application is abandoned. The copy shall then be destroyed in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and the Archives Act (chapter A-21.1).
1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169; 1996, c. 74, s. 1; 1998, c. 46, s. 19; 2005, c. 22, s. 47; 2009, c. 57, s. 1; 2011, c. 35, s. 1; 2018, c. 132018, c. 13, s. 8.
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out construction work for meriting the public’s trust;
(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;
(7)  he has furnished the security payable under section 84, where applicable;
(7.1)  he has furnished the security payable under section 85, where applicable;
(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;
(8)  he has not, in the five years preceding the application, been convicted of an offence under a fiscal law or an indictable offence connected with the business that he intends to carry on in the construction industry, or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46), unless he has obtained a pardon;
(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;
(8.2)  he has provided a list of any lenders he may have under a contract for the loan of money, along with a statement from each lender stipulating whether the lender or, in the case of a partnership or a legal person, its officers, whose names the lender must provide, have, in the five years preceding the loan, been convicted of an offence under a fiscal law or an indictable offence unless they have obtained a pardon;
(8.3)  he has filed any declaration, information or document required by the Board concerning offences under a fiscal law or indictable offences of which he or a person referred to in subparagraph 8.2 has been convicted;
(8.4)  he has not, in the five years preceding the application, been convicted by a foreign court of an offence referred to in subparagraph 8 which, if committed in Canada, would have resulted in criminal proceedings;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.
Subparagraph 2 of the first paragraph does not apply to a natural person who meets one of the conditions set out in subparagraphs 6, 7, 7.1 and 7.2 of the said paragraph.
Subparagraph 8.2 of the first paragraph does not apply to insurers as defined by the Act respecting insurance (chapter A-32) and duly authorized to act in that capacity, financial services cooperatives as defined by the Act respecting financial services cooperatives (chapter C-67.3), trust companies and savings companies as defined by the Act respecting trust companies and savings companies (chapter S-29.01) and duly authorized to act in that capacity, or banks listed in Schedule I or II to the Bank Act (S.C. 1991, c. 46).
1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169; 1996, c. 74, s. 1; 1998, c. 46, s. 19; 2005, c. 22, s. 47; 2009, c. 57, s. 1; 2011, c. 35, s. 1.
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out construction work for meriting the public’s trust;
(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;
(7)  he has furnished the security payable under section 84, where applicable;
(7.1)  he has furnished the security payable under section 85, where applicable;
(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;
(8)  he has not, in the five years preceding the application, been convicted of an offence under a fiscal law or an indictable offence connected with the business that he intends to carry on in the construction industry, or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46), unless he has obtained a pardon;
(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;
(8.2)  he has provided a list of any lenders he may have under a contract for the loan of money, along with a statement from each lender stipulating whether the lender or, in the case of a partnership or a legal person, its officers, whose names the lender must provide, have, in the five years preceding the loan, been convicted of an offence under a fiscal law or an indictable offence unless they have obtained a pardon;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.
Subparagraph 2 of the first paragraph does not apply to a natural person who meets one of the conditions set out in subparagraphs 6, 7, 7.1 and 7.2 of the said paragraph.
For the purposes of subparagraph 8 of the first paragraph in respect of an offence under a fiscal law, the Board shall refuse to issue a licence where it considers that the serious nature of the offence or the frequency of offences justifies the refusal.
Subparagraph 8.2 of the first paragraph does not apply to insurers as defined by the Act respecting insurance (chapter A-32) and duly authorized to act in that capacity, financial services cooperatives as defined by the Act respecting financial services cooperatives (chapter C-67.3), trust companies and savings companies as defined by the Act respecting trust companies and savings companies (chapter S-29.01) and duly authorized to act in that capacity, or banks listed in Schedule I or II to the Bank Act (S.C. 1991, c. 46).
1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169; 1996, c. 74, s. 1; 1998, c. 46, s. 19; 2005, c. 22, s. 47; 2009, c. 57, s. 1.
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out construction work for meriting the public’s trust;
(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;
(7)  he has furnished the security payable under section 84, where applicable;
(7.1)  he has furnished the security payable under section 85, where applicable;
(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;
(8)  he has not, in the five years preceding the application, been convicted of an offence under a fiscal law or an indictable offence connected with the business that he intends to carry on in the construction industry, or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46), unless he has obtained a pardon;
(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.
Subparagraph 2 of the first paragraph does not apply to a natural person who meets one of the conditions set out in subparagraphs 6, 7, 7.1 and 7.2 of the said paragraph.
For the purposes of subparagraph 8 of the first paragraph in respect of an offence under a fiscal law, the Board shall refuse to issue a licence where it considers that the serious nature of the offence or the frequency of offences justifies the refusal.
1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169; 1996, c. 74, s. 1; 1998, c. 46, s. 19; 2005, c. 22, s. 47; 2009, c. 57, s. 1.
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out construction work for meriting the public’s trust;
(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;
(7)  he has furnished the security payable under section 84, where applicable;
(7.1)  he has furnished the security payable under section 85, where applicable;
(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;
(8)  he has not, in the five years preceding the application, been convicted of an offence under a fiscal law or an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the construction industry or, if convicted of such an act or offence, he has obtained a pardon;
(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.
Subparagraph 2 of the first paragraph does not apply to a natural person who meets one of the conditions set out in subparagraphs 6, 7, 7.1 and 7.2 of the said paragraph.
For the purposes of subparagraph 8 of the first paragraph in respect of an offence under a fiscal law, the Board shall refuse to issue a licence where it considers that the serious nature of the offence or the frequency of offences justifies the refusal.
1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169; 1996, c. 74, s. 1; 1998, c. 46, s. 19; 2005, c. 22, s. 47.
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out building work for meriting the public’s trust;
(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;
(7)  he has furnished the security payable under section 84, where applicable;
(7.1)  he has furnished the security payable under section 85, where applicable;
(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;
(8)  he has not, in the five years preceding the application, been convicted of an offence under a fiscal law or an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the construction industry or, if convicted of such an act or offence, he has obtained a pardon;
(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.
Subparagraph 2 of the first paragraph does not apply to a natural person who meets one of the conditions set out in subparagraphs 6, 7, 7.1 and 7.2 of the said paragraph.
For the purposes of subparagraph 8 of the first paragraph in respect of an offence under a fiscal law, the Board shall refuse to issue a licence where it considers that the serious nature of the offence or the frequency of offences justifies the refusal.
1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169; 1996, c. 74, s. 1; 1998, c. 46, s. 19.
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out building work for meriting the public’s trust;
(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;
(7)  he has furnished the security payable under section 84, where applicable;
(7.1)  he has furnished the security payable under section 85, where applicable;
(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;
(8)  he has not, in the five years preceding the application, convicted of an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade, or if he so has, has obtained a pardon;
(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.
Subparagraph 2 of the first paragraph does not apply to a natural person who meets one of the conditions set out in subparagraphs 6, 7, 7.1 and 7.2 of the said paragraph.
1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169; 1996, c. 74, s. 1.
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out building work for meriting the public’s trust;
(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;
(7)  he has furnished the security payable under section 84, where applicable;
(7.1)  he has furnished the security payable under section 85, where applicable;
(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;
(8)  he has not, in the five years preceding the application, convicted of an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade, or if he so has, has obtained a pardon;
(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.
1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169.
58. A licence shall be issued to a natural person who meets the following conditions:
(1)  he shows that, following examinations prescribed by by-law of the Commission or by any other means the Commission considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out building work;
(2)  he demonstrates his solvency;
(3)  he is of full age;
(4)  he is not a person lending his name to another person;
(5)  he has been discharged if he has been declared bankrupt;
(6)  he has joined a guaranty plan in accordance with sections 77 and 78;
(7)  he has furnished the security required under section 86;
(8)  he has not, in the five years preceding the application, convicted of an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade;
(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Commission may by regulation require.
1985, c. 34, s. 58; 1990, c. 4, s. 95.