R-20, r. 14 - Regulation respecting restrictions to contractor licences for the purposes of obtaining a public contract

Updated to 1 September 2012

This document has official status.

chapter R-20, r. 14

Regulation respecting restrictions to contractor licences for the purposes of obtaining a public contract

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

(chapter R-20, s. 123).

1. A licence issued or renewed under the Building Act (chapter B-1.1) shall be restricted for the purposes of obtaining a public contract where the licence holder

(1)  has been the subject of a work suspension order rendered executory under section 7.8 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20);

(2)  has paid a claim under subparagraph c.2 of the first paragraph of section 81 of the Act or has been condemned by a final judgment to pay such a claim;

(3)  within a period of 24 consecutive months has been found guilty, or one of the partners in the case of a partnership or one of the directors in the case of a legal person when acting in that capacity for that legal person, has been found guilty of the number of offences determined in section 2, committed in different monthly work periods against either

(a)  paragraph 3 of section 83 of the Act, for having refused or delayed to grant the Commission de la construction du Québec, or any person authorized by it, access to a place where construction work is being done or to an establishment of an employer;

(b)  section 83.1 of the Act, for having refused or neglected to provide the Commission or any person authorized by it with the information in writing considered necessary within a period of 10 clear days following the delivery of a written request to that effect or following the day when that request was made to him by any appropriate means, in accordance with subparagraph f of the first paragraph of section 81 of the Act;

(c)  section 83.2 of the Act, for having failed to comply with a written request by the Commission pursuant to section 81.0.1 within 10 days of the sending of that request;

(d)  subsection 4 of section 122 of the Act, for having knowingly destroyed, altered or falsified any register, pay-list, registration system or document relating to the application of the Act, of a collective agreement or of a regulation;

(e)  section 1 of the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11), for having failed to register with the Commission;

(f)  section 8 of that Regulation, for having neglected to enter in his register the hours worked by an employee;

(g)  section 11 of that Regulation, for having neglected to indicate in his monthly report the hours worked by an employee; or

(h)  section 12 of that Regulation, for having neglected to send the Commission his report for a monthly work period;

(4)  during a period of 24 consecutive months, has been found guilty or one of the partners in the case of a partnership or one of the directors in the case of a legal person, when acting in that capacity for that legal person, has been found guilty of the number of offences determined in section 2, committed in different weeks in the case of the same employee or on different days in other cases, against paragraph 3 of section 119.1 of the Act, for having hired the services of or assigned 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 without having been granted an exemption.

O.C. 1196-98, s. 1.

2. In the case of a business that has reported working hours to the Commission, as an employer, during the reference period pertaining to the calendar year during which was recorded the last conviction for offences, the number of offences mentioned in paragraphs 3 and 4 of section 1 is

(1)  2 offences, for 10,000 hours of work or less;

(2)  3 offences, for more than 10,000 hours of work but less than 50,000;

(3)  4 offences, for 50,000 hours of work or more but less than 100,000;

(4)  5 offences, for 100,000 hours of work or more, plus one offence for each period of 100,000 hours of work exceeding 100,000.

The number of offences shall be 2 in the case of a business that did not report any hours of work during the reference period.

The reference period shall correspond to the 12 consecutive monthly periods of work ending with the month of August preceding the calendar year concerned and the monthly period of work is the period described in section 12 of the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11).

O.C. 1196-98, s. 2.

3. Any licence shall comprise a restriction for the purposes of obtaining a public contract if it is issued or renewed

(1)  during a 2-year period beginning on

(a)  the expiry date of the licence already held by a person who becomes subject to paragraph 1 or 2 of section 1; or

(b)  the day when an applicant for such a licence who becomes subject to paragraph 1 or 2 of section 1;

(2)  during a 1-year period beginning on

(a)  the expiry date of the licence already held by a person who becomes subject to paragraph 3 or 4 of section 1; or

(b)  the day when an applicant for such a licence becomes subject to paragraph 3 or 4 of section 1.

For the purposes of subparagraph 2 of the first paragraph, a person shall become subject to paragraph 3 or 4 of section 1, 45 days after the date on which he was last found guilty of the offences provided for in those paragraphs.

O.C. 1196-98, s. 3.

4. This Regulation applies only to enforceable work suspension orders, convictions for offences that are committed and claims for amounts that should have been sent with a monthly report, after 15 October 1998.

O.C. 1196-98, s. 4.

5. (Omitted).

O.C. 1196-98, s. 5.

REFERENCES

O.C. 1196-98, 1998 G.O. 2, 3952