R-20, r. 7.01 - Regulation respecting the Compensation Fund for Employees in the Construction Industry

Updated to 6 January 2016

This document has official status.

chapter R-20, r. 7.01

Regulation respecting the Compensation Fund for Employees in the Construction Industry

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

(chapter R-20, ss. 80.3, 93.2, 93.3, 93.5 and 123.1, 1st par., subpar. 13.1).

1. This Regulation establishes the conditions and method of operation of the Compensation Fund for Employees in the Construction Industry, established by the Act respecting labour relations, vocational training and workforce manage-ment in the construction industry (chapter R-20).

O.C. 1050-2015, s. 1.

2. In this Regulation, “wages” means the amounts provided for in a collective agreement for remuneration in currency, travelling expenses, the amounts provided for the annual vacation, for statutory general holidays and sick leave days, the employer’s contribution for current service and the employee’s contribution into the complementary account of the supplemental pension plan provided for in the Règlement sur les régimes complémentaires d’avantages sociaux dans l’industrie de la construction (chapter R-20, r. 10). The employer’s contribution for current service is modified following any change in the apportionment of the employer’s contribution under that Regulation.

O.C. 1050-2015, s. 2.

3. The Fund is made up of

(1)  the amounts from the special compensation fund transferred pursuant to section 84 of the Act to eliminate union placement and improve the operation of the construction industry (2011, chapter 30);

(2)  the contributions paid by an employer under section 4;

(3)  the amounts recovered by the Commission de la construction du Québec following a proceeding brought under the Act;

(4)  the interest earned on the money accumulated in the Fund;

(5)  amounts from any increase in the assets of the Fund; and

(6)  amounts from a loan contracted by the Commission to offset any insufficiency in the Fund.

O.C. 1050-2015, s. 3.

4. The employer’s contribution is $0.02 for each hour worked by each of its employees, excluding the persons referred to in the second paragraph of section 8, during the month preceding the monthly report prescribed by the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11). Payment is to be made at the same time as the monthly report is sent to the Commission.

O.C. 1050-2015, s. 4.

5. The administrative and operating costs of the Fund are paid out of the money making up the Fund. The allocation method of the Commission applies to determine the amount of the payments from the Fund into the general administration fund.

O.C. 1050-2015, s. 5.

6. The Commission administers the money making up the Fund as follows:

(1)  it deposits the part of the money that it plans to use in the short term with an institution governed by the Act respecting financial services cooperatives (chapter C-67.3), the Bank Act (S. C. 1991, c. 46) or the Trust and Loan Companies Act (S.C. 1991, c. 45);

(2)  it invests the rest of the money in accordance with the investment policy for funds under the management of the Commission.

O.C. 1050-2015, s. 6.

7. The fiscal year of the Fund is the calendar year.

O.C. 1050-2015, s. 7.

8. The Fund is to compensate an employer’s employee

(1)  for wages unpaid in case of bankruptcy, sequestration, proposal, consumer proposal, voluntary deposit by the employer or dissolution of legal person under section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  for wages unpaid when, after a judgment rendered against the employer, the writ of execution is returned unsatisfied in whole or in part;

(3)  for a maximum amount of $1,000 when no proceeding is brought against the employer, considering the amount of loss of wages in relation to the foreseeable costs of such a proceeding;

(4)  for the difference between the compensatory indemnity to which the employee is entitled under the Regulation respecting indemnities and allowances to jurors (chapter J-2, r. 1) and the wages the employee would have received for the regular working hours that would have been worked during the time the employee acts as a prospective juror after being summoned by the Court and during the time the employee acts as a juror;

(5)  for the wages that the employee is entitled to receive but could not receive by reason of a homologated arbitration award or a final judgment on that award that remained unsatisfied in whole or in part.

For the purposes of this section, the following persons are not considered to be employees of an employer:

(1)  a member, a manager, a senior officer of the partnership;

(2)  a director, a senior officer or a shareholder holding 20% or more of the voting shares of a legal person;

(3)  a guarantor for the issue of a licence issued under the Building Act (chapter B-1.1);

(4)  a representative designated under the Act;

(5)  a person related by filiation in the direct line or a spouse of a person designated in any of subparagraphs 1 to 4;

(6)  an independent contractor.

“Spouse” means the person of the opposite or the same sex who is married or in a civil union with a person or with whom the person has been living in a conjugal relationship for at least 12 months.

O.C. 1050-2015, s. 8.

9. The compensation that an employee may receive from the Fund corresponds to the wages the employee should have received, according to the collective agreement of the applicable sector.

O.C. 1050-2015, s. 9.

10. Despite section 8, an employee may not receive compensation in excess of 6 weeks of remuneration in currency and travelling expenses and, for any other loss of wages, and of the amounts that should have been sent by the employer with its monthly report for the period covered by its complaint filed in accordance with section 13.

The compensation to be paid to an employee is reduced by any amount received by the employee or to which the employee is entitled under a workers’ compensation program set up under the federal legislation or the legislation of a province.

O.C. 1050-2015, s. 10.

11. An employee may not be compensated more than twice by the Fund in respect of the same employer.

An employee may not receive compensation from the Fund after receiving payment in wages or benefits, if the employee knows that the employer has not reported the payment in a monthly report that must be provided by the employer pursuant to the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11) or if the employer knowingly participated in an unreported remuneration system.

An employer in which a person of the enterprise

(1)  acted as a person of the enterprise that was the cause of losses of wages,

(2)  is related by filiation in the direct line to a person of the enterprise that was the cause of losses of wages, or

(3)  is the spouse, within the meaning of the third paragraph of section 8, of a person of the enterprise that was the cause of losses of wages, is deemed to be the same employer of an employee.

“Person of the enterprise” means the persons referred to in the second paragraph of section 8. “Losses of wages” means a loss of wages incurred by an employee who has been compensated under the Fund or the fund indicated in paragraph 1 of section 3.

O.C. 1050-2015, s. 11.

12. An employee may not receive compensation from the Fund for work performed in contravention of the Act or any provision of a collective agreement.

O.C. 1050-2015, s. 12.

13. To apply for compensation from the Fund, an employee must file, in the manner prescribed by the Commission, the documents and information required not later than 60 days after the expiry of the wages the employee should have received.

That expiry is that provided for in the collective agreement of the applicable sector for the loss of wages and reference period concerned.

O.C. 1050-2015, s. 13.

14. The date of filing of an application for compensation is the date on which it is received by the Commission.

O.C. 1050-2015, s. 14.

15. The Commission may extend the time limit indicated in the first paragraph of section 13 if the employee proves that he or she could not comply with it for a reason beyond the employee’s control.

O.C. 1050-2015, s. 15.

16. The Commission decides as soon as possible an application for compensation filed by an employee and immediately informs the employee of the decision in writing.

O.C. 1050-2015, s. 16.

17. The Commission pays compensation to an employee entitled to it within 60 days of its decision.

O.C. 1050-2015, s. 17.

18. An employee who feels personally aggrieved by a decision made pursuant to this Regulation may, within 30 days of receiving the decision, apply for review to the Administrative Labour Tribunal.

O.C. 1050-2015, s. 18; S.Q. 2015, c. 15, s. 237.

19. Where compensation from the Fund is paid to an employee under section 17 or where compensation is not paid in the cases provided for in section 11 or 12, the Commission makes public the name of the employer concerned, as well as the names of the directors of that employer declared under the Act respecting the legal publicity of enterprises (chapter P-44.1). This section does not apply where compensation is paid under subparagraph 4 of the first paragraph of section 8, on the grounds that the employee has acted as a prospective juror or juror after being summoned by the Court.

O.C. 1050-2015, s. 19.

20. (Omitted).

O.C. 1050-2015, s. 20.

REFERENCES

O.C. 1050-2015, 2015 G.O. 2, 3241