R-20 - Act respecting labour relations, vocational training and workforce management in the construction industry

Full text
119.1. The following persons shall be guilty of an offence and liable to a fine of $239 to $479 in the case of an individual and $956 to $1,917 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2020) 152 G.O. 1, 857.
119.1. The following persons shall be guilty of an offence and liable to a fine of $237 to $474 in the case of an individual and $946 to $1,897 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2019) 151 G.O. 1, 757.
119.1. The following persons shall be guilty of an offence and liable to a fine of $233 to $465 in the case of an individual and $928 to $1,861 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2018) 150 G.O. 1, 779.
119.1. The following persons shall be guilty of an offence and liable to a fine of $228 to $455 in the case of an individual and $908 to $1,821 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2017) 149 G.O. 1, 1213.
119.1. The following persons shall be guilty of an offence and liable to a fine of $225 to $448 in the case of an individual and $895 to $1,794 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2016) 148 G.O. 1, 1180.
119.1. The following persons shall be guilty of an offence and liable to a fine of $222 to $442 in the case of an individual and $883 to $1,769 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2015) 147 G.O. 1, 1143.
119.1. The following persons shall be guilty of an offence and liable to a fine of $219 to $436 in the case of an individual and $872 to $1,747 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2014) 146 G.O. 1, 1151.
119.1. The following persons shall be guilty of an offence and liable to a fine of $215 to $429 in the case of an individual and $858 to $1,718 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2013) 145 G.O. 1, 1242.
119.1. The following persons shall be guilty of an offence and liable to a fine of $213 to $425 in the case of an individual and $850 to $1,702 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2012) 144 G.O. 1, 1335.
119.1. The following persons shall be guilty of an offence and liable to a fine of $209 to $417 in the case of an individual and $834 to $1,669 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation; (2012) 144 G.O. 1, 31.
119.1. The following persons shall be guilty of an offence and liable to a fine of $203 to $406 in the case of an individual and $811 to $1,623 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
See notice of indexation;(2010) 142 G.O. 1, 1428.
119.1. The following persons shall be guilty of an offence and liable to a fine of $200 to $400 in the case of an individual and $800 to $1,600 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.
119.1. The following persons shall be guilty of an offence and liable to a fine of $200 to $400 in the case of an individual and $800 to $1,600 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46.
119.1. The following persons shall be guilty of an offence and liable to a fine of $200 to $400 in the case of an individual and $800 to $1 600 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or, as the case may be, the proof of exemption, issued to him by the Commission;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or an exemption;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50.
119.1. The following persons shall be guilty of an offence and liable to a fine of $400 in the case of an individual and $1 600 in the case of any other person:
(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or, as the case may be, the proof of exemption, issued to him by the Commission;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or an exemption;
(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17.
119.1. The following persons shall be guilty of an offence and liable to the fines provided in section 120:
(1)  every employee or employer who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(2)  every employee or employer who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every employee or employer who personally performs construction work and who refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or, as the case may be, the proof of exemption, issued to him by the Commission;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or an exemption.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784.
119.1. The following persons shall be guilty of an offence and liable, in addition to costs, to the fines provided in section 120:
(1)  every employee or employer who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(2)  every employee or employer who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(5)  (paragraph repealed);
(6)  (paragraph repealed);
(7)  every employee or employer who personally performs construction work and who refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or, as the case may be, the proof of exemption, issued to him by the Commission;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or an exemption.
1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18.
119.1. The following persons shall be guilty of an offence and liable, in addition to costs, to the fines provided in section 120:
(1)  every employee, skilled tradesman or employer who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(2)  every employee, skilled tradesman or employer who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or without having such certificate or a proof of exemption in his possession;
(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(5)  every person who, for industrial or commercial purposes, hires for the performance of construction work the services of a skilled tradesman who is not the holder of a journeyman competency certificate or an occupation competency certificate or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(6)  every person who, for industrial or commercial purposes, hires for the performance of work pertaining to a trade the services of a skilled tradesman who is not the holder of a journeyman competency certificate in respect of that trade or the grantee of an exemption issued by the Commission or who does not have such certificate or a proof of exemption in his possession;
(7)  every employee, skilled tradesman or employer who personally performs construction work and who refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or, as the case may be, the proof of exemption, issued to him by the Commission;
(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;
(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;
(10)  every person who makes a false declaration to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or an exemption.
1978, c. 58, s. 12; 1986, c. 89, s. 22.
119.1. Every person who hires an employee contrary to a regulation made under section 78, or keeps him in his employ, is guilty of an offence and is liable, for each day or part of a day during which the offence continues, in addition to the costs, to the fines provided for in section 120.
1978, c. 58, s. 12.