80.2. A contractor convicted of an offence that entails a restriction in the contractor’s licence as regards the obtention of a public contract and that is an offence under a regulation made under subparagraphs 8.2 and 8.3 of the first paragraph of section 123 may, within 30 days of the conviction, apply to the Administrative Labour Tribunal to have the latter order the Commission to disregard the offence in applying the regulation.
The order may be made only if the contractor proves that in relation to the facts leading to the conviction,
(1) the contractor committed the offence on account of a misinterpretation in good faith of a clause of a collective agreement or of a provision of law or a regulation relating to the scope of this Act; or
(2) the contractor did not intend to evade the requirement to report hours actually worked or his obligations under a fiscal law.
Notice of the contractor’s application must be sent to the Commission within the same time.
1997, c. 85, s. 397; 1998, c. 46, s. 112; 2006, c. 58, s. 47; 2015, c. 15, s. 237.