R-20, r. 3 - Regulation respecting certain exemptions from the requirement of holding a competency certificate or an exemption issued by the Commission de la construction du Québec

Texte complet
chapter R-20, r. 3
Regulation respecting certain exemptions from the requirement of holding a competency certificate or an exemption issued by the Commission de la construction du Québec
LABOUR RELATIONS — CONSTRUCTION — EXEMPTION OF COMPETENCY CERTIFICATE
Act respecting labour relations, vocational training and workforce management in the construction industry
(chapter R-20, s. 123).
R-20
December 30 1899
1. A person domiciled in Ontario who is covered by the Agreement on Labour Mobility and Recognition of Qualification, Skills and Work Experience in the Construction Industry (2006) Between the Government of Ontario and the Gouvernement du Québec and who meets, in accordance with the provisions of that agreement, the applicable requirements in respect of occupational health and safety training is exempt from the requirement of holding a competency certificate or an exemption issued by the Commission de la construction du Québec, where the person satisfies one of the following conditions:
(1)  the person holds a valid, recognized attestation authorizing him to carry on, in Ontario, a trade which, under or pursuant to that agreement, is paired with one of the trades listed in Schedule A to the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8) with a specialty under one of those trades or a trade that is recognized as being equivalent to an occupation existing in Québec;
(2)  the person holds a Trade Activity Card in force, issued in accordance with that agreement and pertaining to an activity included in one of the trades listed in Schedule A or to an activity listed in Schedule C to the Regulation respecting the vocational training of the workforce in the construction industry, provided that, in both cases, the activity is recognized in the agreement; or
(3)  the person holds a Specialized Construction Work Card in force and issued in accordance with the agreement, and the Commission de la construction du Québec recognizes that the work to be carried out by that person is specialized construction work.
For the purposes of carrying on construction work as an employee, the exemption enacted by the first paragraph applies only on the condition that the person in question also holds a card issued by the Commission under section 36 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).
O.C. 4-97, s. 1; O.C. 1463-99, s. 1; O.C. 677-2006, s. 1.
2. For the purposes of subparagraph 1 of the first paragraph of section 1, a Certificate of Qualification, a Certificate of Apprenticeship, a Provisional Certificate of Qualification or an Apprentice Identification Card issued under a statute of the Province of Ontario is a recognized attestation; a Certificate of Qualification issued in accordance with the Interprovincial Standards Red Seal Program is also a recognized attestation.
The exemptions provided for in subparagraphs 2 and 3 of the first paragraph of section 1 are limited to work carried out for a contractor domiciled in Ontario. The exemption provided for in subparagraph 3 is valid for 1 year. Construction work is considered “specialized” if it meets the following criteria:
(1)  the construction work is not covered by the trades of crane operator, tinsmith, electrician, pipe-fitter-specialty of plumber or specialty of the heating systems installer, refrigeration mechanic or elevating devices mechanic;
(2)  the tasks involved require knowledge and technical expertise, acquired through compulsory training offered by the manufacturer of the product, or by a trainer approved by the manufacturer, on a specific construction technique or on the installation, maintenance or repair of a particular product; and
(3)  the manufacturer’s warranty is conditional upon installation of the product being carried out by a person who has successfully completed a training program referred to in paragraph 2.
O.C. 4-97, s. 2; O.C. 1463-99, s. 2; O.C. 677-2006, s. 2.
2.1. A person domiciled in Newfoundland or in the area of Labrador that is part of Newfoundland is, on the following conditions, exempted from the requirement of holding a competency certificate or an exemption issued by the Commission de la construction du Québec:
(1)  the person holds a valid, recognized attestation authorizing him to carry on, in Newfoundland, a trade which, under or pursuant to the Newfoundland and Labrador-Québec Agreement on Labour Mobility and Recognition of Qualifications, Skills and Work Experience in the Construction Industry dated 24 April 1998, is paired with one of the trades listed in Schedule A to the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8), or with a specialty under one of those trades, or which, under or pursuant to that Agreement is recognized as being equivalent to an occupation existing in Québec; and
(2)  in accordance with the provisions of the Agreement, the person meets the application requirements in respect of occupational health and safety training.
For the purposes of carrying on construction work as an employee, the exemption enacted by the first paragraph applies only on the condition that the person in question also holds a card issued by the Commission under section 36 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).
O.C. 759-98, s. 1.
2.2. For the purposes of subparagraph 1 of the first paragraph of section 2.1, a certificate of qualification and an apprentice identification card issued under a statute of the Province of Newfoundland are recognized attestations; a certificate of qualification issued in accordance with the provisions of the Interprovincial Standards Red Seal Program is also a recognized attestation.
O.C. 759-98, s. 1.
2.3. A person domiciled in New Brunswick who is covered by the Agreement Between the Government of New Brunswick and the Gouvernement du Québec on Labour Mobility and the Recognition of Qualification, Skills and Work Experience in the Construction Industry, signed on 3 October 2008, and who meets, in accordance with the provisions of that agreement, the applicable requirements in respect of occupational health and safety training is exempt from the requirement of holding the certificates or exemptions issued by the Commission de la construction du Québec and referred to in subparagraphs 1 and 2 on the conditions prescribed therein:
(1)  a journeyman competency certificate, an apprentice competency certificate or an exemption from either certificate: the person holds a valid, recognized attestation authorizing the carrying on, in New Brunswick of, a trade which, under or pursuant to that agreement, is paired with one of the trades listed in Schedule A to the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8), or with a specialty under one of those trades;
(2)  an occupation competency certificate or an exemption from that certificate: the person demonstrates with supporting documents that the person has worked 750 hours or more in the construction industry.
For the purposes of carrying on construction work as an employee, the exemption provided for in the first paragraph applies only on the condition that the person in question also holds a card issued by the Commission under section 36 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).
O.C. 142-2009, s. 1.
2.4. For the purposes of subparagraph 1 of the first paragraph of section 2.3, a Certificate of Qualification, a Diploma of Apprenticeship or an Apprentice Identification Card issued under a statute of the Province of New Brunswick is a recognized attestation; a Certificate of Qualification or a Diploma of Apprenticeship to which the mention “Red Seal” was affixed in accordance with the Interprovincial Standards Red Seal Program is also a recognized attestation.
O.C. 142-2009, s. 1.
3. The Commission shall, on request, issue a card referred to in section 36 of the Act to a person domiciled in Ontario, in Newfoundland or in the Newfoundland part of Labrador, or in New Brunswick only where that person meets the conditions set forth in the first paragraph of section 1, in subparagraphs 1 and 2 of the first paragraph of section 2.1 or in subparagraphs 1 and 2 of the first paragraph of section 2.3 of this Regulation or where the person holds a competency certificate or an exemption issued by the Commission.
O.C. 4-97, s. 3; O.C. 759-98, s. 2; O.C. 1463-99, s. 3; O.C. 142-2009, s. 2.
4. The Regulation respecting the issuance of competency certificates (chapter R-20, r. 5) does not apply in respect of a person who is exempted under section 1, 2.1 or 2.3 of this Regulation, unless the person applies to the Commission and is issued a competency certificate or an exemption, as the case may be.
O.C. 4-97, s. 4; O.C. 759-98, s. 3; O.C. 142-2009, s. 3.
5. For the purposes of paragraph 1 of section 35 of the Regulation respecting the hiring and mobility of employees in the construction industry (O.C. 1946-82, 82-08-25), a person who is exempted under section 1, 2.1 or 2.3 of this Regulation is deemed to be domiciled in the region in which the work relating to the employment offered is being carried out; where the person is hired to carry out such work, he is deemed to be domiciled in that region for the duration of the employment.
O.C. 4-97, s. 5; O.C. 759-98, s. 4; O.C. 142-2009, s. 4.
6. For the purposes of applying the relevant provisions of the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8), to a person who is exempt under section 1, 2.1 or 2.3 of this Regulation, a person holding a Certificate of Qualification, a Certificate of Apprenticeship, a Trade Activity Card, a Specialized Construction Work Card or a Diploma of Apprenticeship is deemed to be a journeyman and a person holding a Provisional Certificate of Qualification or an Apprentice Identification Card is deemed to be an apprentice.
Section 16 of the Regulation respecting the vocational training of the workforce in the construction industry does not apply to a person referred to in the first paragraph.
For the purposes of section 25 of that Regulation, the Commission shall indicate, on the card that it issues under section 36 of the Act to a person deemed to be an apprentice, the apprenticeship period at which the Agreement situates him, as the case may be, or, failing that, the apprenticeship period at which the Commission classifies that person pursuant to section 15 of that Regulation.
O.C. 4-97, s. 6; O.C. 759-98, s. 5; O.C. 1463-99, s. 4; O.C. 677-2006, s. 3; O.C. 142-2009, s. 5.
7. (Omitted).
O.C. 4-97, s. 7.
REFERENCES
O.C. 4-97, 1997 G.O. 2, 185
O.C. 759-98, 1998 G.O. 2, 2219
O.C. 1463-99, 1999 G.O. 2, 5253
O.C. 677-2006, 2006 G.O. 2, 1920A
S.Q. 2007, c. 3, s. 72
O.C. 142-2009, 2009 G.O. 2, 202
S.Q. 2009, c. 43, s. 14