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

Section 4 Disposition versions

2013-09-09

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the hiring of workers and labour mobility in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28 or make an agreement with any person to entrust him with a mandate for that purpose;

(5)  see to the implementation, within the scope of the policies on the workforce in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement made under this Act;

(8)  administer the Compensation Fund for Employees in the Construction Industry established by Division I of Chapter VIII.1;

(9)  administer the Training Fund for Employees in the Construction Industry established by Division II of Chapter VIII.1; and

(10)  administer the labour-referral service for the construction industry provided for in section 107.7.

In the performance of its functions, the Commission shall cooperate in the fulfilment of the commitments of the Government of Québec under intergovernmental agreements respecting labour mobility or the mutual recognition of qualifications, skills and work experience for construction trades and occupations; the Commission shall also work towards the elimination of any unreported work or any work carried out in contravention of this Act, cooperate in efforts to prevent and to fight corruption to the extent required by law and, at the request of the Minister of Revenue, cooperate in the application of the fiscal laws in the construction industry.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3; 1993, c. 61, s. 4; 1995, c. 8, s. 4; 1997, c. 85, s. 395; 2007, c. 3, s. 72; 2011, c. 17, s. 59; 2011, c. 30, s. 8.

2012-01-01

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the hiring of workers and labour mobility in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28 or make an agreement with any person to entrust him with a mandate for that purpose;

(5)  see to the implementation, within the scope of the policies on the workforce in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement made under this Act;

(8)  administer the Compensation Fund for Employees in the Construction Industry established by Division I of Chapter VIII.1; and

(9)  administer the Training Fund for Employees in the Construction Industry established by Division II of Chapter VIII.1.

In the performance of its functions, the Commission shall cooperate in the fulfilment of the commitments of the Government of Québec under intergovernmental agreements respecting labour mobility or the mutual recognition of qualifications, skills and work experience for construction trades and occupations; the Commission shall also work towards the elimination of any unreported work or any work carried out in contravention of this Act, cooperate in efforts to prevent and to fight corruption to the extent required by law and, at the request of the Minister of Revenue, cooperate in the application of the fiscal laws in the construction industry.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3; 1993, c. 61, s. 4; 1995, c. 8, s. 4; 1997, c. 85, s. 395; 2007, c. 3, s. 72; 2011, c. 17, s. 59; 2011, c. 30, s. 8.

2011-09-01

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the hiring of workers and labour mobility in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28 or make an agreement with any person to entrust him with a mandate for that purpose;

(5)  see to the implementation, within the scope of the policies on workforce in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement made under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits;

(9)  administer any fund the parties consider necessary for training purposes.

In the performance of its functions, the Commission shall cooperate in the fulfilment of the commitments of the Government of Québec under intergovernmental agreements respecting labour mobility or the mutual recognition of qualifications, skills and work experience for construction trades and occupations; the Commission shall also work towards the elimination of any unreported work or any work carried out in contravention of this Act, cooperate in efforts to prevent and to fight corruption to the extent required by law and, at the request of the Minister of Revenue, cooperate in the application of the fiscal laws in the construction industry.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3; 1993, c. 61, s. 4; 1995, c. 8, s. 4; 1997, c. 85, s. 395; 2007, c. 3, s. 72; 2011, c. 17, s. 59.

2007-06-08

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the hiring of workers and labour mobility in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28 or make an agreement with any person to entrust him with a mandate for that purpose;

(5)  see to the implementation, within the scope of the policies on workforce in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement made under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits;

(9)  administer any fund the parties consider necessary for training purposes.

In the performance of its functions, the Commission shall cooperate in the fulfilment of the commitments of the Government of Québec under intergovernmental agreements respecting labour mobility or the mutual recognition of qualifications, skills and work experience for construction trades and occupations; the Commission shall also work towards the elimination of any unreported work or any work carried out in contravention of this Act and, at the request of the Minister of Revenue, cooperate in the application of the fiscal laws in the construction industry.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3; 1993, c. 61, s. 4; 1995, c. 8, s. 4; 1997, c. 85, s. 395; 2007, c. 3, s. 72.

1998-09-16

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the hiring of workers and labour mobility in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28 or make an agreement with any person to entrust him with a mandate for that purpose;

(5)  see to the implementation, within the scope of the policies on manpower in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement made under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits;

(9)  administer any fund the parties consider necessary for training purposes.

In the performance of its functions, the Commission shall cooperate in the fulfilment of the commitments of the Government of Québec under intergovernmental agreements respecting labour mobility or the mutual recognition of qualifications, skills and work experience for construction trades and occupations; the Commission shall also work towards the elimination of any unreported work or any work carried out in contravention of this Act and, at the request of the Minister of Revenue, cooperate in the application of the fiscal laws in the construction industry.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3; 1993, c. 61, s. 4; 1995, c. 8, s. 4; 1997, c. 85, s. 395.

1995-02-08

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the hiring of workers and labour mobility in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28 or make an agreement with any person to entrust him with a mandate for that purpose;

(5)  see to the implementation, within the scope of the policies on manpower in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement made under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits;

(9)  administer any fund the parties consider necessary for training purposes.

In the performance of its functions, the Commission shall cooperate in the fulfilment of the commitments of the Government of Québec under intergovernmental agreements respecting labour mobility or the mutual recognition of qualifications, skills and work experience for construction trades and occupations; the Commission shall also, at the request of the Minister of Revenue, cooperate in the application of the fiscal laws in the construction industry.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3; 1993, c. 61, s. 4; 1995, c. 8, s. 4.

1995-01-01

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the hiring of manpower in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28 or make an agreement with any person to entrust him with a mandate for that purpose;

(5)  see to the implementation, within the scope of the policies on manpower in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement made under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits;

(9)  administer any fund the parties consider necessary for training purposes.

In the performance of its functions, the Commission shall, at the request of the Minister of Revenue, cooperate in the application of the fiscal laws in the construction industry.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3; 1993, c. 61, s. 4.

1994-01-01

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force or the decree adopted under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the placement, hiring and mobility of manpower in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28 or make an agreement with any person to entrust him with a mandate for that purpose;

(5)  see to the implementation, within the scope of the policies on manpower in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement or a decree adopted under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits;

(9)  administer any fund the parties consider necessary for training purposes.

In the performance of its functions, the Commission shall, at the request of the Minister of Revenue, cooperate in the application of the fiscal laws in the construction industry.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3; 1993, c. 61, s. 4.

1992-06-23

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force or the decree adopted under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the placement, hiring and mobility of manpower in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28;

(5)  see to the implementation, within the scope of the policies on manpower in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement or a decree adopted under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits;

(9)  administer any fund the parties consider necessary for training purposes.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3.

1989-01-01

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force or the decree adopted under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the placement, hiring and mobility of manpower in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28;

(5)  see to the implementation, within the scope of the policies on manpower in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement or a decree adopted under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18.

1987-01-01

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force or the decree adopted under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the placement, hiring and mobility of manpower in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28;

(5)  see to the implementation, within the scope of the policies on manpower in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees, the skilled tradesmen and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement or a decree adopted under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3.

1979-04-04

4. (1)  The board shall consist of five members, one of whom shall be the chairman, appointed for not more than five years by the Government, which shall fix their salary and conditions of employment. The chairman shall hold office on a full-time basis; he is also general manager of the board.

(2)  Notwithstanding the expiry of their term, the members shall remain in office until they are replaced or reappointed.

None of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against the board or against its members acting in their official capacity.

(3)  If the chairman is absent, the member designated by the Government shall replace him and exercise all his powers.

(4)  If a member is unable to act, the Government may temporarily appoint a person to replace him on the conditions and for the remuneration it determines.

(5)  Three members, one of whom is the chairman, constitute a quorum of the board. The chairman shall have a casting vote.

(6)  (Subsection repealed).

(7)  The members shall, before coming into office, take an oath to well and faithfully fulfil the duties of their office.

(8)  Under pain of forfeiture of office, neither the chairman nor any other full-time member may have a direct or indirect interest in any undertaking that places his personal interest in conflict with that of the board. However, such forfeiture shall not occur if such interest devolves to him by sucession or gift, provided that he renounces it or disposes of it with all possible dispatch.

Every member of the board other than the members contemplated in the first paragraph who has a direct or indirect interest in any such undertaking shall, under pain of forfeiture of office, disclose, in writing, that interest to the other members of the board.

(9)  The chairman shall preside at the meetings of the board; he shall be responsible for the administration of the affairs of the board within the framework of its regulations.

1975, c. 51, s. 2; 1979, c. 2, s. 17.

1977-12-31

4. (1)  The board shall consist of three members, one of whom shall be the chairman, appointed for not more than ten years by the Gouvernement, who shall fix their salary and conditions of employment. Once fixed, their term of office and the amount of their salary shall not be reduced.

(2)  Notwithstanding the expiry of their term, the members shall remain in office until they are replaced or reappointed.

None of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against the board or against its members acting in their official capacity.

(3)  If the chairman is absent, the member designated by the Gouvernement shall replace him and exercise all his powers.

(4)  If a member is unable to act, the Gouvernement may temporarily appoint a person to replace him on the conditions and for the remuneration it determines.

(5)  Two members, one of whom is the chairman, constitute a quorum of the board. The chairman shall have a casting vote.

(6)  The members shall devote their time exclusively to the duties of their office.

(7)  The members shall, before coming into office, take an oath to well and faithfully fulfil the duties of their office.

(8)  No member may, under pain of forfeiture of office, have a direct or indirect interest in any enterprise that places his personal interest in conflict with that of the board.

However, such forfeiture shall not occur if such interest devolves to him by succession or gift provided that he renounces it or disposes of it with all possible dispatch.

(9)  The chairman shall preside at the meetings of the board; he shall be responsible for the administration of the affairs of the board within the framework of its regulations.

1975, c. 51, s. 2.