B-1.1 - Building Act

Updated to 1 January 2022

This document has official status.

chapter B-1.1

Building Act

CHAPTER I APPLICATION AND INTERPRETATION

DIVISION I APPLICATION

1. The purposes of this Act are:

(1)  to ensure proper quality of the construction work of buildings, and in certain cases, facilities intended for use by the public, installations independent of a building or petroleum equipment installations;

(2)  to ensure the safety of the public who have access to a building or facilities intended for use by the public or who use installations independent of a building or petroleum equipment installations; and,

(3)  to ensure the vocational qualifications, integrity and solvency of contractors and owner-builders.

A further purpose of this Act is to establish the Régie du bâtiment du Québec (Board).

1985, c. 34, s. 1; 1991, c. 74, s. 1; 2005, c. 10, s. 24; 2018, c. 13, s. 1.

2. This Act applies:

(1)  to any building used or intended to be used to shelter or receive persons, animals or goods, inclusive of any materials, installations or equipment of such building;

(2)  to facilities intended for use by the public;

(3)  to the following installations independent of a building:

(a)  electrical installations;

(b)  installations intended to use, store or distribute gas;

(c)  pressure installations;

(d)  plumbing installations;

(e)  installations for protection against lightning;

(3.1)  to petroleum equipment installations;

(4)  to the vicinity of such buildings, facilities and installations;

(5)  to any other civil engineering structure, but only for the purposes of Chapters IV and V.

1985, c. 34, s. 2; 1991, c. 74, s. 2; 2005, c. 10, s. 25.

3. This Act, except Chapter IV, does not apply to mines governed by the Mining Act (chapter M‐13.1).

Notwithstanding the first paragraph, it applies to any pressure installation or petroleum equipment installation located therein.

1985, c. 34, s. 3; 1987, c. 64, s. 344; 1991, c. 74, s. 3; 2005, c. 10, s. 26.

4. The Government may, by regulation, withdraw from the application, in whole or in part, of this Act all or part of the territory of Québec described in the Agreement referred to in section 1 of the Act approving the Agreement concerning James Bay and Northern Québec (chapter C-67) and the Agreement referred to in section 1 of the Act approving the Northeastern Québec Agreement (chapter C-67.1) except municipal territories situated south of the 50th parallel.

1985, c. 34, s. 4; 1996, c. 2, s. 85.

4.1. The Régie du bâtiment du Québec (the Board) may, by regulation, exempt from the application, in whole or in part, of this Act, categories of persons, contractors, owner-builders, manufacturers of pressure installations, or owners of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations, and categories of buildings, pressure installations, facilities, installations or construction work.

1991, c. 74, s. 4; 1998, c. 46, s. 2; 2005, c. 10, s. 27; 2010, c. 28, s. 1.

5. This Act shall bind the Government its departments and agencies that are mandataries of the State to the extent provided by government regulation.

1985, c. 34, s. 5; 1999, c. 40, s. 37; 1991, c. 74, s. 5.

6. Nothing in this Act affects the rights and prerogatives of members of the Ordre professionnel des technologues professionnels du Québec or prevents the work of those technologists, according to the training provided to them by an institute of technology governed by the Specialized Schools Act (chapter E-10) or by a college governed by the General and Vocational Colleges Act (chapter C-29).

1985, c. 34, s. 6; 1993, c. 38, s. 7; 1994, c. 40, s. 457.

DIVISION I.1 AGREEMENTS PERMITTING THE APPLICATION OF A SPECIAL PLAN

2014, c. 18, s. 2.

6.1. The purpose of this division is to authorize the implementation of any agreement relating to any matter within the scope of this Act between the Government and the Mohawks of Kahnawake represented by the Mohawk Council of Kahnawake and permitting the application of a special plan.

An agreement under the first paragraph shall ensure that the Kahnawake plan will have similar standards to those of the plan established in this matter by this Act.

2014, c. 18, s. 2.

6.2. The provisions of an agreement under section 6.1 apply despite any provision to the contrary in this Act unless otherwise provided in the agreement.

2014, c. 18, s. 2.

6.3. The Government may, by regulation, take any necessary measures to carry out this division, such as providing for any modifications to be applied to an existing Act or statutory instrument to take the existence of an agreement into account.

Any regulation made under the first paragraph requires the prior concurrence of the Mohawks of Kahnawake represented by the Mohawk Council of Kahnawake.

2014, c. 18, s. 2.

6.4. An agreement under section 6.1 is tabled by the Minister in the National Assembly within 30 days of its signature or, if the Assembly is not sitting, within 30 days of resumption.

The competent committee of the National Assembly must examine the agreement and any regulation made under the first paragraph of section 6.3.

2014, c. 18, s. 2.

6.5. An agreement is posted on the respective websites of the Ministère du Travail, the Ministère du Conseil exécutif and the Board not later than the date of its coming into force and, should it cease to have effect, remains posted for five years after the date of cessation of effect.

2014, c. 18, s. 2.

6.6. The Board may enter into an administrative agreement with the Mohawk Council of Kahnawake to facilitate the application of an agreement under section 6.1.

2014, c. 18, s. 2; I.N. 2015-01-01.

DIVISION II INTERPRETATION

7. In this Act, unless the context indicates otherwise:

“contractor” means any person who, for another person, carries out or has carried out construction work or draws up or submits tender bids, either directly or indirectly, with the purpose of carrying out or having carried out such work for profit (entrepreneur);

“gas” means natural gas, manufactured combustible gas, any type or blend of such gases, liquid petroleum gas or any blend of such gas and air, or any other gas designated by regulation of the Board and, in the case of a pressure installation, combustible or non-combustible gas (gaz);

“officer” means a member of a partnership or, in the case of a legal person, a director, an officer within the meaning of the Business Corporations Act (chapter S-31.1) or a shareholder holding 10% or more of the voting rights attached to the shares of the legal person (dirigeant);

“owner-builder” means any person who, for his own account, carries out or has carried out construction work (constructeur-propriétaire);

“petroleum equipment installation” means an installation intended to use, store or distribute a petroleum product (installation d'équipements pétroliers);

“petroleum product” means gasoline, diesel or biodiesel fuel, fuel ethanol, heating oil and any liquid hydrocarbon mixture determined by regulation of the Board (produit pétrolier);

“pressure installation”, depending on the context, means one or more of the following pieces of pressure equipment assembled to form an integrated, functional whole: a vessel or boiler intended to contain combustible or non-combustible gas or a liquid under pressure, and any pipes and accessories connected to it (installation sous pression).

1985, c. 34, s. 7; 1991, c. 74, s. 6; 2005, c. 22, s. 47; 2005, c. 10, s. 28; 2010, c. 28, s. 2; 2018, c. 13, s. 2.

8. Any person shall be presumed to be a contractor who:

(1)  offers for sale or exchange a building or a civil engineering structure, unless he is able to demonstrate that the construction work of such building or structure was not carried out for the purpose of sale or exchange; or

(2)  undertakes new construction work less than two years after the date a municipality issued the building permit for previous work or, if no such permit was issued, after the start date of the earlier work.

1985, c. 34, s. 8; 1999, c. 40, s. 37; 2005, c. 22, s. 47; 2018, c. 13, s. 3.

9. For the purposes of this Act, foundation, erection, renovation, repair, maintenance, alteration and demolition work is construction work.

1985, c. 34, s. 9; 1999, c. 40, s. 37; 2005, c. 22, s. 47.

9.1. For the purposes of this Act, a syndicate of co-owners is considered an owner with respect to the responsibilities conferred on the syndicate under the Civil Code.

2019, c. 28, s. 2.

10. Every bathing place, mechanical amusement device, stand, mechanical lift, elevator, elevating platform, funicular, lookout, tent or inflatable structure designated by regulation of the Board is a facility intended for use by the public. The same applies to any other facility designated by regulation of the Board.

The Board shall, by regulation, establish criteria to determine whether or not a facility is intended for public use.

1985, c. 34, s. 10; 1999, c. 40, s. 37; 1991, c. 74, a. 8; 2010, c. 28, s. 3.

11. This Act does not limit any obligations otherwise imposed on a person contemplated in this Act.

1985, c. 34, s. 11.

11.1. The Administrative Labour Tribunal has sole jurisdiction for hearing any matter relating to the interpretation or application of sections 2, 4, 4.1, 9, 10, 29, 41 and 42 and the regulations adopted under paragraphs 1 to 5 of section 182.

1991, c. 74, s. 9; 1998, c. 46, s. 3; 2001, c. 26, s. 73; 2007, c. 3, s. 72; 2006, c. 58, s. 53; 2015, c. 15, s. 237.

11.2. (Repealed).

1991, c. 74, s. 9; 2001, c. 26, s. 74.

11.3. (Repealed).

1991, c. 74, s. 9; 2001, c. 26, s. 74.

CHAPTER II BUILDING WORK

DIVISION I APPLICATION

12. This Chapter applies to all construction work on buildings, facilities intended for use by the public, installations independent of a building and petroleum equipment installations, including their vicinity.

1985, c. 34, s. 12; 1991, c. 74, s. 10; 2005, c. 22, s. 47; 2005, c. 10, s. 29.

DIVISION II BUILDING CODE

13. The Régie du bâtiment du Québec shall adopt a building code establishing standards for construction work on buildings, facilities intended for use by the public, installations independent of a building and petroleum equipment installations, including their vicinity.

1985, c. 34, s. 13; 1991, c. 74, s. 11; 2005, c. 10, s. 30.

14. Every contractor shall comply with the Construction Code (chapter B-1.1, r. 2) in respect of construction work under his responsibility.

1985, c. 34, s. 14; 2005, c. 22, s. 47.

15. Every owner-builder carrying out construction work himself shall comply with the Construction Code (chapter B-1.1, r. 2).

1985, c. 34, s. 15; 2005, c. 22, s. 47.

16. Every contractor or owner-builder shall, in the cases determined by regulation of the Board, furnish to the Board a certificate of the construction work’s conformity with the Construction Code (chapter B-1.1, r. 2) produced by a person or body recognized by the Board in accordance with a regulation of the Board.

1985, c. 34, s. 16; 1991, c. 74, s. 12; 1998, c. 46, s. 4; 2010, c. 28, s. 4.

17. No contractor may claim any amount for the production of a certificate of conformity under section 16.

1985, c. 34, s. 17; 1991, c. 74, s. 12; 1998, c. 46, s. 4.

17.1. (Replaced).

1991, c. 74, s. 12; 1998, c. 46, s. 4.

17.2. (Replaced).

1991, c. 74, s. 12; 1998, c. 46, s. 4.

17.3. (Replaced).

1991, c. 74, s. 12; 1998, c. 46, s. 4.

17.4. The Board may, by regulation, require a contractor or owner-builder to obtain plans and specifications before construction work begins or final signed plans and specifications when the work is completed.

The plans and specifications referred to in this section must be prepared by a person or body recognized by the Board in accordance with a regulation of the Board.

2019, c. 28, s. 3.

18. A recognized person or body that prepares plans and specifications for construction work shall ensure that they comply with the Construction Code (chapter B-1.1, r. 2) and, if applicable, the construction standards set by a municipality.

1985, c. 34, s. 18; 1998, c. 46, s. 5; 2005, c. 22, s. 47; 2019, c. 28, s. 4.

19. No person may, in the cases prescribed by regulation of the Board, sell, rent, exchange or purchase a prefabricated building which is not approved or certified by a person or body recognized by regulation of the Board.

1985, c. 34, s. 19; 1991, c. 74, s. 13; 2010, c. 28, s. 5.

20. (Repealed).

1985, c. 34, s. 20; 1991, c. 74, s. 168; 1991, c. 74, s. 14; 1998, c. 46, s. 6.

21. The Board shall refer to the syndic of the professional order for investigation the case of any member of that order it considers to have signed a false certificate of conformity with the Construction Code (chapter B-1.1, r. 2) where that certificate leads to penal proceedings against the order member.

1985, c. 34, s. 21; 1991, c. 74, s. 168; 1991, c. 74, s. 15; 1994, c. 40, s. 457; 1998, c. 46, s. 7.

22. Every contractor or owner-builder shall, in the cases prescribed by regulation of the Board, report to the Board any construction work which he has carried out or intends to carry out.

1985, c. 34, s. 22; 1991, c. 74, s. 168; 1991, c. 74, s. 15.

23. (Replaced).

1985, c. 34, s. 23; 1991, c. 74, s. 168; 1991, c. 74, s. 15.

DIVISION III ELECTRICITY, GAS OR PETROLEUM PRODUCT DISTRIBUTION UNDERTAKINGS

2005, c. 10, s. 31.

24. An electricity or piped gas distribution undertaking may not connect an electrical installation or an installation intended to use gas to its system unless the construction work for the installation has been carried out by a licensed contractor or owner-builder.

The undertaking shall notify the Board, as soon as possible, of any refusal to connect an installation to its system and of the reasons for that refusal and, at the request of the Board, of any connection made to its system.

1985, c. 34, s. 24; 1991, c. 74, s. 16; 2005, c. 22, s. 47; 2005, c. 10, s. 66.

25. A gas or petroleum product distribution undertaking may supply a new installation intended to use gas or a new petroleum equipment installation only if the construction work on the installation has been carried out by a licensed contractor or owner-builder.

The undertaking shall notify the Board, as soon as possible, of any refusal to supply a new installation and of the reasons for that refusal and, at the request of the Board, of any supply made to such an installation.

1985, c. 34, s. 25; 1991, c. 74, s. 17; 2005, c. 22, s. 47; 2005, c. 10, s. 32.

26. An electricity or piped gas distribution undertaking shall refuse to connect an electrical installation or an installation intended to use gas if the Board advises it that its authorization is required.

1985, c. 34, s. 26; 1991, c. 74, s. 168; 2005, c. 10, s. 66.

27. A gas or petroleum product distribution undertaking shall refuse to supply a new installation intended to use gas or a new petroleum equipment installation if the Board advises it that its authorization is required.

1985, c. 34, s. 27; 1991, c. 74, s. 168; 2005, c. 10, s. 33.

28. (Repealed).

1985, c. 34, s. 28; 1991, c. 74, s. 18.

DIVISION IV

Repealed, 1995, c. 8, s. 52.

1991, c. 74, s. 19; 1995, c. 8, s. 52.

28.1. (Repealed).

1991, c. 74, s. 19; 1995, c. 8, s. 52.

28.2. (Repealed).

1991, c. 74, s. 19; 1995, c. 8, s. 52.

28.3. (Repealed).

1991, c. 74, s. 19; 1995, c. 8, s. 52.

28.4. (Repealed).

1991, c. 74, s. 19; 1995, c. 8, s. 52.

28.5. (Repealed).

1991, c. 74, s. 19; 1995, c. 8, s. 52.

CHAPTER III PUBLIC SAFETY

DIVISION I APPLICATION

29. This chapter does not apply to the following buildings:

(1)  a single-family dwelling;

(2)  an entirely residential building having fewer than three floors or fewer than nine dwellings;

(3)  a building of a class excluded by regulation of the Board.

However, despite the first paragraph, this chapter does apply to a private seniors’ residence within the meaning of section 346.0.1 of the Act respecting health services and social services (chapter S-4.2).

This chapter also applies to electrical installations, installations intended to use gas, and petroleum equipment installations located in buildings excluded by subparagraphs 2 and 3 of the first paragraph.

1985, c. 34, s. 29; 1991, c. 74, s. 20; 2005, c. 10, s. 34; 2010, c. 28, s. 6; 2011, c. 27, s. 32.

30. For the purposes of this chapter, the following are considered owners:

(1)  the manager, for his own account or on behalf of another person, of a building, a facility intended for use by the public, an installation independent of a building or a petroleum equipment installation;

(2)  the occupant of a non-residential building in respect of:

(a)  an installation or a facility owned by him;

(b)  the obligations prescribed by the Safety Code (chapter B-1.1, r. 3) regarding the use of such building.

1985, c. 34, s. 30; 1991, c. 74, s. 21; 2005, c. 10, s. 35.

DIVISION II SAFETY CODE

31. The Board shall adopt a safety code for the purpose of ensuring the safety of any person having access to a building or a facility intended for use by the public or using an installation independent of a building or a petroleum equipment installation.

The code shall also apply to the vicinity of such a building, facility or installation.

1985, c. 34, s. 31; 1991, c. 74, s. 22; 2005, c. 10, s. 36.

32. The owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation shall comply with the Safety Code (chapter B-1.1, r. 3).

1985, c. 34, s. 32; 2005, c. 10, s. 37.

33. The owner of a building shall, upon request by the Board, provide the Board with a certificate of the strength of the building or a certificate of the safety of an installation or of facilities in the building made by a person or body recognized by the Board.

1985, c. 34, s. 33; 1991, c. 74, s. 168; 2010, c. 28, s. 7.

34. The owner of a facility intended for use by the public, installation independent of a building or petroleum equipment installation shall, upon request by the Board, provide the Board with a certificate of the safety of such equipment or such installation made by a person or body recognized by the Board.

1985, c. 34, s. 34; 1991, c. 74, s. 168; 2005, c. 10, s. 38; 2010, c. 28, s. 8.

35. The owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation shall, in the cases determined by regulation of the Board, furnish to the Board a certificate of conformity of the building, facility or installation with the Safety Code (chapter B-1.1, r. 3) produced by a person or body recognized by the Board in accordance with its regulations.

The regulations may exempt the owner from furnishing such a certificate if the owner has implemented a quality control program approved by the Board or a person or body recognized by the Board.

1985, c. 34, s. 35; 1991, c. 74, s. 168; 1991, c. 74, s. 23; 1998, c. 46, s. 8; 2005, c. 10, s. 39; 2010, c. 28, s. 9.

35.1. The Board shall forward to the syndic of the professional order for investigation the case of any member of that order it considers to have signed a false certificate of strength or safety or a false certificate of conformity with the Safety Code (chapter B-1.1, r. 3) where that certificate leads to penal proceedings against the order member.

1991, c. 74, s. 23; 1994, c. 40, s. 457.

35.2. The owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation shall, in the cases and on the terms and conditions determined by regulation of the Board, obtain from the Board a permit for the use or operation of his building, facility or installation.

The permit may be issued for all or part of a building, facility or installation.

The permit holder shall post his permit in the cases and at such place as may be determined by regulation of the Board.

1991, c. 74, s. 23; 2005, c. 10, s. 40.

36. The owner of a building may not change the use or intended purpose of the building without bringing it into conformity with the Construction Code (chapter B-1.1, r. 2) where, according to that Code, the new use or new intended purpose would necessitate more stringent safety requirements for persons having access to the building.

This section does not apply where the building becomes a building excluded under the first paragraph of section 29 by reason of a change in its use or intended purpose.

1985, c. 34, s. 36; 1998, c. 46, s. 9.

DIVISION III SPECIAL

37. Every person who manufactures, installs, repairs, modifies, operates or uses a pressure installation must comply with the standards and requirements prescribed for that purpose by regulation of the Board.

1985, c. 34, s. 37; 1991, c. 74, s. 168; 1991, c. 74, s. 24; 1998, c. 46, s. 10; 2010, c. 28, s. 10.

37.1. Every person who manufactures, installs, repairs, modifies, operates or uses a pressure installation must, in the cases, subject to the conditions and in accordance with the procedure determined by regulation of the Board, obtain a permit from the Board authorizing the person to carry on that activity.

The Board shall determine by regulation the cases in which obtaining such a permit is tied to the implementation of a quality control program, and the conditions and procedure for approval of the program by the Board or a person or body recognized by the Board.

Chapter IV does not apply to a manufacturer or, in the cases and subject to the conditions prescribed by regulation of the board, to a permit holder for the activities authorized by the permit.

1991, c. 74, s. 24; 1998, c. 46, s. 11; 2010, c. 28, s. 10.

37.2. Every person who manufactures, installs, repairs or modifies a pressure installation must, in the cases and subject to the conditions determined by regulation of the Board, report to the Board all work that the person has carried out or intends to carry out, and furnish all required information and documents.

1991, c. 74, s. 24; 2010, c. 28, s. 10.

37.3. (Repealed).

1991, c. 74, s. 24; 1998, c. 46, s. 12.

37.4. The Board may determine, by regulation, how the conformity of a pressure installation is to be evaluated at the different stages of its design, manufacture, installation, repair, modification, operation and use and at the time of its marketing and commissioning.

The Board may determine, among other things, the notices, information or documents to be sent or recorded in a register, the inspections or verifications to be carried out, the authorizations to be obtained and the statements, declarations, approvals or certificates of conformity required.

The Board may recognize persons or bodies to carry out such an evaluation of conformity or to issue any approval or certificate required under this division.

1991, c. 74, s. 24; 1998, c. 46, s. 13; 2010, c. 28, s. 11.

38. An electricity, gas or petroleum product distribution undertaking shall refuse to supply an electrical installation, an installation intended to use gas or a petroleum equipment installation if the installation is defective or known by the undertaking to constitute a safety hazard.

The undertaking shall notify the Board, as soon as possible, of each refusal to supply an installation and of the reasons therefor.

1985, c. 34, s. 38; 1991, c. 74, s. 24; 2005, c. 10, s. 41.

38.1. An electricity, gas or petroleum product distribution undertaking shall refuse to supply an electrical installation, an installation intended to use gas or a petroleum equipment installation if the Board advises it that its authorization is required.

1991, c. 74, s. 24; 2005, c. 10, s. 42.

39. The Board may, by regulation, prescribe safety standards for the use of a container that contains gas or a petroleum product and is mounted on a vehicle that are applicable when the vehicle is stationary. The regulation may also prescribe safety standards for the transfer, storage and distribution of the gas or petroleum product contained in the container.

1985, c. 34, s. 39; 1991, c. 74, s. 24; 2019, c. 28, s. 5.

40. (Replaced).

1985, c. 34, s. 40; 1991, c. 74, s. 24.

CHAPTER IV VOCATIONAL QUALIFICATION OF CONTRACTORS AND OWNER-BUILDERS

1985, c. 34, c. IV; 2019, c. 28, s. 6.

DIVISION I APPLICATION AND INTERPRETATION

41. This chapter applies to a contractor or an owner-builder in respect of construction work on a building, on facilities or installations referred to in paragraph 2, 3 or 3.1 of section 2 or on a civil engineering structure at the place of construction and on site, including preliminary ground preparation work.

1985, c. 34, s. 41; 1998, c. 46, s. 14; 2005, c. 10, s. 43.

42. This chapter does not apply to a contractor or owner-builder who performs:

(1)  construction work done on a farm property usually operated by the farmer himself or by fewer than three permanent employees;

(2)  maintenance or repair work carried out by the employees who usually do it or who work on production in a business and are hired directly by an employer other than a contractor;

(3)  water main or sewer construction work, sidewalk construction, paving work and other similar work carried out by the employees of a local municipality, a regional county municipality or a metropolitan community;

(4)  construction work directly related to mining exploration or operation and carried out by the employees of a mining business;

(5)  construction work directly related to forest development and carried out by the employees of a forestry undertaking;

(6)  power transmission line construction work carried out by the employees of an electricity distribution undertaking.

A contractor or an owner-builder carrying out construction work on an installation intended to use or distribute gas, or on an electrical installation, except that covered by subparagraphs 4 and 6, is subject to this chapter.

1985, c. 34, s. 42; 1990, c. 85, s. 122; 2000, c. 56, s. 218; 2005, c. 22, s. 47.

43. (Repealed).

1985, c. 34, s. 43; 1991, c. 74, s. 25.

44. For the application of this chapter, the following have the same effect as bankruptcy:

(1)  the making by a court of competent jurisdiction of a winding-up order by reason of insolvency within the meaning of the Winding-up Act (R.S.C. 1985, c. W-11);

(2)  the cessation of activities by a contractor for the reason that he is an insolvent within the meaning of the Bankruptcy and Insolvency Act (R.S.C. 1985, c  B-3).

1985, c. 34, s. 44; 2018, c. 13, s. 4.

45. (Repealed).

1985, c. 34, s. 45; 1991, c. 74, s. 26; 1999, c. 40, s. 37; 2018, c. 13, s. 5.

DIVISION II LICENCES

§ 1 . — General

46. No person may act as a building contractor, hold himself out to be such or give cause to believe that he is a building contractor, unless he holds a current licence for that purpose.

No contractor may use, for the carrying out of construction work, the services of another contractor who does not hold a licence for that purpose.

1985, c. 34, s. 46; 1991, c. 74, s. 27.

47. No public body, within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), may act as a contractor.

This section does not apply to the Société québécoise des infrastructures, the Société d’énergie de la Baie James, to a mixed enterprise company established in accordance with the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01) or to any other public body determined by regulation of the Board.

Such a regulation must determine the cases in which a public body or a category of public bodies may act as a contractor, and the terms and conditions to be complied with. The regulation must also take into account the impact of such a measure on contractors.

1985, c. 34, s. 47; 1999, c. 59, s. 1; 2006, c. 46, s. 24; 2013, c. 23, s. 164; 2019, c. 28, s. 7.

48. No person may act as an owner-builder, or give cause to believe that he is an owner-builder, unless he holds a licence in force for that purpose.

1985, c. 34, s. 48.

49. An owner-builder’s licence is not required:

(1)  for a person who has construction work carried out by a licensed contractor whose main activity is the organization or coordination of construction work to be carried out by other persons;

(2)  for a natural person carrying out or causing to be carried out construction work on a single-family dwelling, or a civil engineering structure intended for his personal use or the use of his family.

However, no natural person shall carry out construction work on an installation intended to use gas, a petroleum equipment installation or an electrical installation unless he is a contractor.

1985, c. 34, s. 49; 1991, c. 74, s. 28; 2005, c. 22, s. 47; 2005, c. 10, s. 44.

50. A person not being a contractor who has entered into a contract for construction work with a contractor not holding the proper licence may apply for cancellation of the contract.

The owner of an immovable charged with a legal hypothec referred to in paragraph 2 of article 2724 of the Civil Code and registered on the application of a contractor who does not hold the proper licence may apply for the cancellation of the registration of the hypothec and for the cancellation of any related registration which the contractor may have applied for.

No application for the cancellation of a contract or privilege will be granted where it is established that the applicant was aware that the contractor did not hold the proper licence.

1985, c. 34, s. 50; 1991, c. 74, s. 29; 1995, c. 33, s. 16; 2005, c. 22, s. 47.

§ 2 . — Application for a licence

51. A person who wishes to obtain a licence or have a licence amended shall send an application to the Board.

1985, c. 34, s. 51; 1991, c. 74, s. 169; 2005, c. 22, s. 1.

52. The licence for a partnership or legal person is applied for on its behalf by a natural person who wishes to qualify as a guarantor.

To qualify as a guarantor, the person must be an officer of the partnership or legal person, except in the cases prescribed by regulation of the Board, and meet the conditions set out in subparagraphs 1, 3 and 5 of the first paragraph of section 58 and any other requirement prescribed by regulation of the Board.

Where a person other than an officer may, in a case prescribed by regulation, qualify as a guarantor, all provisions of this Act or the regulations that apply to an officer apply to such a person both at the time of application and once the person has qualified.

For the purposes of this Act, a natural person who holds a licence is also considered to be a guarantor.

1985, c. 34, s. 52; 2005, c. 22, s. 47; 2018, c. 13, s. 6.

52.1. If two or more persons wish to qualify as guarantors, the partnership or legal person shall designate one of them to file the application. However, the Board may, by regulation, require each such person to sign the application.

2018, c. 13, s. 6.

52.2. Guarantors are responsible for managing activities in the field for which their knowledge or experience has been recognized by the Board, and must, as such, participate actively and on an ongoing basis in such management.

Guarantors are also responsible for all communications with the Board, in particular as concerns the documents and information the licence holder is required to send the Board under this Act or the regulations. If there are two or more guarantors, the licence holder shall designate one of them to assume that responsibility.

2018, c. 13, s. 6.

53. A partnership or a legal person applying for a licence shall inform the Board of its legal structure and the names and addresses of its officers.

1985, c. 34, s. 53; 1991, c. 74, s. 169; 2005, c. 22, s. 47.

54. A person may not be a guarantor for more than one licence, except in the cases authorized by regulation of the Board.

1985, c. 34, s. 54; 1991, c. 74, s. 169; 2005, c. 22, s. 47; 2018, c. 13, s. 7.

§ 3 . — Issue of a licence

55. The Board shall issue a licence where the conditions prescribed by this Act and the regulations have been met.

1985, c. 34, s. 55; 1991, c. 74, s. 169.

56. The Board shall retain the ownership of the licence.

The holder of a licence may not transfer the licence.

The holder of a licence, when no longer entitled to the licence, must return it to the Board. The holder of a licence on which an amendment or restriction must be indicated must also return the licence to the Board. In either case, if the holder fails to return the licence, the Board shall confiscate it.

1985, c. 34, s. 56; 1991, c. 74, s. 169; 1998, c. 46, s. 17; 2005, c. 22, s. 2.

57. A licence is issued on payment of the fees payable.

1985, c. 34, s. 57; 1991, c. 74, s. 30, s. 169; 2005, c. 22, s. 3.

57.1. The holder of a licence shall mention, in any form of publicity made by the holder, the number of the licence issued under this Act and the words “holder of a licence issued under the Building Act” on the holder’s estimates, tender bids, contracts, statements of account and any other document determined by regulation of the Board.

1998, c. 46, s. 18.

58. A licence shall be issued to a natural person who meets the following conditions:

(1)  he shows that, following examinations prescribed by by-law of the Board or by any other means the Board considers fitting, he has the knowledge or relevant experience in managing a building undertaking and in carrying out construction work for meriting the public’s trust;

(2)  he establishes his solvency according to the conditions and criteria determined by regulation of the Board;

(3)  he is of full age;

(4)  he is not a person lending his name to another person;

(5)  he has been discharged if he has been declared bankrupt;

(5.1)  he holds liability insurance whose nature, coverage and other terms are determined by regulation of the Board;

(6)  he has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;

(7)  he has furnished the security payable under section 84, where applicable;

(7.1)  he has furnished the security payable under section 85, where applicable;

(7.2)  he has paid his contribution to the compensation fund referred to in section 86, where applicable;

(8)  unless he has obtained a pardon, he has not, in the five years preceding the application, been convicted of

(a)  an offence under a fiscal law or an indictable offence related to the activities he intends to carry on in the construction industry;

(b)  an indictable offence under section 45 or 47 of the Competition Act (R.S.C. 1985, c. C-34);

(c)  an offence under any of sections 5, 6 and 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19); or

(d)  an indictable offence under subsection 1 of section 380, section 462.31 or any of sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(8.1)  he establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) he must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;

(8.2)  he has provided a list of any lenders he may have under a contract for the loan of money, along with a statement from each lender stipulating whether the lender or, in the case of a partnership or a legal person, its officers, whose names the lender must provide, have, in the five years preceding the loan, been convicted of an offence or indictable offence referred to in subparagraph 8 unless they have obtained a pardon;

(8.3)  he has filed any declaration, information or document required by the Board concerning offences or indictable offences referred to in subparagraph 8 of which he or a person referred to in subparagraph 8.2 has been convicted;

(8.4)  he has not, in the five years preceding the application, been convicted by a foreign court of an offence or indictable offence referred to in subparagraph 8 which, if committed in Canada, would have resulted in criminal proceedings;

(8.5)  he has not falsified or misrepresented the facts relating to a licence application, or failed to provide information in order to obtain a licence;

(8.6)  he has provided a copy of photo identification issued by a government authority;

(9)  he possesses such other qualifications, meets such other conditions and furnishes such particulars as the Board may by regulation require.

Subparagraph 2 of the first paragraph does not apply to a natural person who meets one of the conditions set out in subparagraphs 6, 7, 7.1 and 7.2 of the said paragraph.

Despite subparagraph 8 of the first paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, a licence may not be issued before five years have elapsed since the end of the term of imprisonment imposed by the sentence, unless the person on whom the term of imprisonment was imposed has obtained a pardon.

Subparagraph 8.2 of the first paragraph does not apply to the authorized financial institutions referred to in paragraphs 1 to 4 of section 4 of the Insurers Act (chapter A-32.1) or to the banks listed in Schedules I and II to the Bank Act (S.C. 1991, c. 46).

The copy of photo identification filed under subparagraph 8.6 of the first paragraph shall be kept by the Board until the issue date of the licence, the date of the final decision refusing to issue the licence or the date on which the licence application is abandoned. The copy shall then be destroyed in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and the Archives Act (chapter A-21.1).

1985, c. 34, s. 58; 1990, c. 4, s. 95; 1986, c. 95, s. 355; 1991, c. 74, s. 31, s. 169; 1996, c. 74, s. 1; 1998, c. 46, s. 19; 2005, c. 22, s. 47; 2009, c. 57, s. 1; 2011, c. 35, s. 1; 2018, c. 13, s. 8; 2018, c. 23, s. 723.

58.1. (Repealed).

1996, c. 74, s. 2; 2011, c. 35, s. 2.

59. The Board may refuse to issue a licence to a natural person who was an officer of a partnership or of a legal person in the 12 months preceding the bankruptcy of the partnership or legal person where the bankruptcy occurred less than three years before the date of the application.

It may also refuse to issue a licence if the natural person was an officer of a partnership or legal person whose licence is suspended or was cancelled under section 70 within less than three years or if the natural person held a licence so cancelled.

1985, c. 34, s. 59; 1991, c. 74, s. 169; 2005, c. 22, s. 47; 2005, c. 22, s. 4; 2018, c. 13, s. 9.

59.1. The Board may refuse to issue a licence to a natural person where, in the 12 months preceding the cessation of the partnership’s or legal person’s activities as a contractor, the person was an officer of a partnership or of a legal person, if the Board considers that the cessation is due to other causes than the death of one of its officers, the attainment of its object or any other legitimate cause.

1998, c. 46, s. 20; 2018, c. 13, s. 10.

60. A licence shall be issued to a partnership or a legal person meeting the following conditions:

(1)  it demonstrates its solvency in accordance with the conditions and criteria determined by regulation of the Board;

(2)  (subparagraph repealed);

(3)  none of its officers lends his name to another person;

(3.1)  it holds liability insurance whose nature, coverage and other terms are determined by regulation of the Board;

(4)  it has joined a guaranty plan, where applicable, in accordance with sections 77 and 78;

(5)  it has furnished the security payable under section 84, where applicable;

(5.1)  it has furnished the security payable under section 85, where applicable;

(5.2)  it has paid its contribution to the compensation fund referred to in section 86, where applicable;

(6)  unless a pardon has been obtained, neither the partnership or legal person or any of its officers or, if it is not a reporting issuer within the meaning of the Securities Act (chapter V-1.1), any of its shareholders has, in the five years preceding the application, been convicted of

(a)  an offence under a fiscal law or an indictable offence related to the activities it intends to carry on in the construction industry;

(b)  an indictable offence under section 45 or 47 of the Competition Act (R.S.C. 1985, c. C-34);

(c)  an offence under any of sections 5, 6 and 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19); or

(d)  an indictable offence under subsection 1 of section 380, section 462.31 or any of sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(6.0.1)  none of the officers of any of its members in the case of a partnership, or of any of its shareholders in the case of a legal person, has, in the five years preceding the application, been convicted of an offence or indictable offence referred to in subparagraph 6, unless he has obtained a pardon;

(6.1)  (subparagraph replaced);

(6.2)  it establishes that where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4) it must be a member of the Corporation des maîtres électriciens du Québec or the Corporation des maîtres mécaniciens en tuyauterie du Québec, the entrance dues and annual assessment required under those Acts have been paid;

(6.3)  it has filed any declaration, information or document required by the Board concerning offences or indictable offences referred to in subparagraph 6 of which it or a person referred to in subparagraph 6 or 8 has been convicted;

(6.4)  neither it nor any of its officers have, in the five years preceding the application, been convicted by a foreign court of an offence or indictable offence referred to in subparagraph 6 which, if committed in Canada, would have resulted in criminal proceedings;

(6.5)  it has not falsified or misrepresented the facts relating to a licence application, or failed to provide information in order to obtain a licence;

(6.6)  it has provided a copy of photo identification issued by a government authority for each officer;

(7)  it has such other qualifications, meets such other conditions and has furnished such particulars as the Board may by regulation require;

(8)  it has provided a list of any lenders it may have under a contract for the loan of money, along with a statement from each lender stipulating whether the lender and, in the case of a partnership or a legal person, its officers whose names the lender must provide, have, in the five years preceding the loan, been convicted of an offence or indictable offence referred to in subparagraph 6, unless they have obtained a pardon.

Subparagraph 1 of the first paragraph does not apply to a partnership or legal person that meets one of the conditions set out in subparagraphs 4, 5, 5.1 and 5.2 of the said paragraph.

Despite subparagraphs 6 and 6.0.1 of the first paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, a licence may not be issued before five years have elapsed since the end of the term of imprisonment imposed by the sentence, unless the person on whom the term of imprisonment was imposed has obtained a pardon.

The copy of any photo identification filed under subparagraph 6.6 of the first paragraph shall be kept by the Board until the issue date of the licence, the date of the final decision refusing to issue the licence or the date on which the licence application is abandoned. The copy shall then be destroyed in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and the Archives Act (chapter A-21.1).

Subparagraph 8 of the first paragraph also applies to lenders and officers of lenders whose loans are granted personally to an officer of the partnership or legal person for the purposes of the partnership or legal person. However, under no circumstances does it apply to the authorized financial institutions referred to in paragraphs 1 to 4 of section 4 of the Insurers Act (chapter A-32.1) or to the banks listed in Schedules I and II to the Bank Act (S.C. 1991, c. 46).

1985, c. 34, s. 60; 1986, c. 95, s. 356; 1990, c. 4, s. 96; 1991, c. 74, s. 32, s. 169; 1992, c. 61, s. 78; 1993, c. 61, s. 67; 1996, c. 74, s. 3; 1998, c. 46, s. 21; 2005, c. 22, s. 47; 2009, c. 57, s. 2; 2011, c. 35, s. 3; 2018, c. 13, s. 11; 2018, c. 23, s. 724.

61. The Board may refuse to issue a licence to a partnership or a legal person where any of its officers:

(1)  was an officer of a partnership or a legal person in the 12 months preceding any bankruptcy of the partnership or legal person within less than three years;

(2)  was an officer of a partnership or legal person which, in the five years preceding the application, was convicted of an offence or indictable offence referred to in subparagraph 6 of the first paragraph of section 60, unless the partnership or legal person has obtained a pardon;

(3)  was an officer of a partnership or legal person whose licence was cancelled under section 70 within less than three years;

(4)  is an officer of a partnership or legal person whose licence is suspended;

(5)  was an officer of a partnership or of a legal person in the 12 months preceding the cessation of the partnership’s or legal person’s activities as a contractor, if the Board considers that the cessation is due to other causes than the death of one of its officers, the attainment of its object or any other legitimate cause.

The Board may refuse to issue a licence where the partnership or legal person applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled under section 70 within less than three years.

1985, c. 34, s. 61; 1990, c. 4, s. 97; 1986, c. 95, s. 357; 1991, c. 74, s. 169; 1998, c. 46, s. 22; 2005, c. 22, s. 47; 2005, c. 22, s. 5; 2009, c. 57, s. 3; 2011, c. 35, s. 4; 2018, c. 13, s. 12.

61.1. The Board may refuse to issue a licence to a natural person, partnership or legal person that has failed to pay a sum of money payable to the Board under this Act or the regulations.

It may also refuse to issue a licence if the natural person or an officer of the partnership or legal person was an officer of a partnership or legal person that has failed to pay such a sum of money to the Board.

2019, c. 28, s. 8.

62. The Board may refuse to issue a licence where the person who applies for it on behalf of a partnership or legal person has already applied, on behalf of another partnership or legal person, for a licence that was cancelled under section 70 within less than three years.

1985, c. 34, s. 62; 1991, c. 74, s. 169; 2005, c. 22, s. 47; 2005, c. 22, s. 6.

62.0.1. The Board may refuse to issue a licence if issuing the licence would be contrary to the public interest, for example because the applicant or, in the case of a partnership or a legal person, it or any of its officers is unable to prove good moral character and a capacity to exercise activities as a contractor with competence and integrity, given the past conduct of the applicant or the officer.

The Board may also refuse to issue a licence where it considers that

(1)  the construction work the person or partnership applying for the licence intends to carry out or cause to be carried out is incommensurate with the person’s or partnership’s legal sources of financing; or

(2)  the structure of the person or partnership applying for the licence enables that or another person or partnership to evade the application of this Act.

2011, c. 35, s. 5; 2018, c. 13, s. 13.

62.0.2. The Board may refuse to issue a licence to a natural person, a partnership or a legal person that is directly or indirectly under the direction or the legal or de facto control of a person who does not meet the conditions set out in subparagraph 8 of the first paragraph of section 58, subparagraph 6 of the first paragraph of section 60 or section 62.0.1.

2011, c. 35, s. 5; 2018, c. 13, s. 14.

62.0.3. The Board may refuse to issue a licence where a person or, in the case of a partnership or legal person, any of its officers has, in a previous application, falsified, misrepresented or failed to report a fact in order to obtain a licence.

2018, c. 13, s. 15.

62.0.4. The Board may refuse to issue a licence where it considers that the person or partnership applying for the licence is the continuation of another person or partnership that would not have obtained the licence had that person or partnership applied for it.

2018, c. 13, s. 15.

62.1. The Board may, by way of exception, issue a licence authorizing the holder to carry out or cause to be carried out construction work the object and scope of which coincide with part only of a subclass of licence established by regulation of the Board, where the applicant meets the specific competency conditions determined by the Board in addition to the other conditions prescribed by this Act and the regulations.

1996, c. 74, s. 4; 2005, c. 22, s. 47.

63. Subject to any regulation made by the Board under paragraph 15 of section 185, a partnership or person may not hold more than one licence.

1985, c. 34, s. 63; 1991, c. 74, s. 169.

64. (Repealed).

1985, c. 34, s. 64; 1991, c. 74, s. 33, s. 169; 1993, c. 61, s. 68; 1996, c. 74, s. 5.

65. When the Board receives an application for the issue or amendment of a licence, it shall deliver a ruling within 60 days.

1985, c. 34, s. 65; 1991, c. 74, s. 169; 2005, c. 22, s. 47; 2005, c. 22, s. 7; 2011, c. 35, s. 6.

§ 3.1 . — Restricted licence as regards the obtention of a public contract

1997, c. 85, s. 5.

65.1. The Board shall indicate on the licence whether it contains any restriction as regards the obtention of a public contract, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

The Board shall also indicate on the licence that it contains a restriction as regards the obtention of a public contract

(1)  if the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60 has been convicted, in the last five years,

(a)  of an indictable offence under section 45 or 47 of the Competition Act (R.S.C. 1985, c. C-34);

(b)  of an offence under any of sections 5, 6 and 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19); or

(c)  of an indictable offence under subsection 1 of section 380, section 462.31 or any of sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(2)  (subparagraph repealed);

(3)  if the licence holder or, in the case of a partnership or a legal person, a person referred to in subparagraph 6 of the first paragraph of section 60, has, in the last five years, been convicted of an offence under any of sections 62, 62.0.1 and 62.1 of the Tax Administration Act (chapter A-6.002), section 68 or 68.0.1 of that Act insofar as it is related to any of those sections, section 239 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) or section 327 of the Excise Tax Act (R.S.C. 1985, c. E-15);

(4)  if an officer of the licence holder is also an officer of a partnership or a legal person whose licence contains a restriction as regards the obtention of a public contract and for the same period of time, unless the licence holder proves to the Board that the offence that resulted in the restriction was not committed in the exercise of the person’s functions within the partnership or legal person; or

(5)  if the licence holder is named in the register of enterprises ineligible for public contracts under the Act respecting contracting by public bodies (chapter C-65.1).

Despite subparagraph 1 of the second paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, the licence contains a restriction until five years have elapsed since the end of the term of imprisonment imposed by the sentence.

1997, c. 85, s. 5; 2007, c. 3, s. 72; 2005, c. 22, s. 8; 2009, c. 57, s. 4; 2011, c. 18, s. 40; 2011, c. 35, s. 7; 2018, c. 13, s. 16.

65.1.0.1. Section 65.1 does not apply if

(1)  the offence or indictable offence that led to the conviction has already been considered by l’Autorité des marchés publics (the Authority) under Chapter V.2 of the Act respecting contracting by public bodies (chapter C-65.1) and, when it was considered, an authorization was granted to the licence holder or the authorization held by the licence holder was not revoked or was renewed; or

(2)  the conviction and the offence or indictable offence that led to it have not yet been considered by the Authority in connection with an application submitted to it under Chapter V.2 of the Act respecting contracting by public bodies and currently under examination, or following an advisory opinion provided under section 21.32 of that Act.

The Authority must send the Board the information required for the purposes of the first paragraph.

2015, c. 6, s. 29; 2017, c. 27, s. 160.

65.1.0.2. The holder of a restricted licence may at any time file an application for authorization with the Authority as provided for in Chapter V.2 of the Act respecting contracting by public bodies (chapter C-65.1).

The granting by the Authority of such an authorization entails, despite any inconsistent provision, the removal of the restriction on the licence.

2015, c. 6, s. 29.

65.1.1. A licence holder whose licence has been restricted must send the Board, within the time limit set by the Board, the name of every party referred to in section 65.4 with which the licence holder has a contract in process and the name and, if applicable, Québec business number of every partnership or legal person of which the licence holder is an officer.

2011, c. 35, s. 8.

65.2. The holder of a licence that contains a restriction as regards the obtention of a public contract is prohibited from tendering for a public contract where the contract is the subject of a call for tenders or from entering into such a public contract in any other case.

A tender bid submitted by a contractor whose licence contains such a restriction cannot be retained.

1997, c. 85, s. 5.

65.2.1. If the holder’s licence has been restricted, the holder must cease to perform any public contract if the other party to the contract, referred to in section 65.4, fails to apply to the Board, within 20 days after the restriction is registered, for authorization for continued performance of the contract or the Board does not grant the authorization within 10 days after it is applied for.

The Board may subject its authorization to certain conditions, including that the licence holder agree to the implementation, at the licence holder’s own expense, of oversight and monitoring measures determined by regulation of the Board.

Despite the first paragraph, the authorization of the Board is not required when the other party takes advantage of a guarantee arising from the contract.

Despite the preceding paragraphs, if a holder’s licence has been restricted and the holder is also ineligible for public contracts under Chapter V.1 of the Act respecting contracting by public bodies (chapter C‑65.1), this section is replaced by sections 21.3.1 and 25.0.2 of that Act, with the necessary modifications.

2011, c. 35, s. 9; 2012, c. 21, s. 1; 2017, c. 27, s. 162.

65.3. No contractor may retain the services of a contractor holding a restricted licence for the performance of any subcontract that is directly or indirectly related to a public contract.

1997, c. 85, s. 5.

65.4. For the purposes of this Act, a public contract is a construction contract and any construction subcontract that relates directly or indirectly to such a contract to which the following bodies are party:

(1)  a government department;

(2)  a body all or part of whose expenditures are provided for in the budgetary estimates tabled in the National Assembly otherwise than under a transferred appropriation;

(3)  a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F-3.1.1), or whose capital stock forms part of the domain of the State;

(4)  a school service centre, a school board, the Comité de gestion de la taxe scolaire de l’île de Montréal, a general and vocational college, or a university institution referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(5)  a public institution governed by the Act respecting health services and social services (chapter S-4.2), the health and social services network insurance manager referred to in section 435.1 of that Act, the Nunavik Regional Board of Health and Social Services established under section 530.25 of that Act, the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5) or a health communication centre referred to in the Act respecting pre-hospital emergency services (chapter S-6.2); or

(6)  a municipality, a regional county municipality, a metropolitan community, the Kativik Regional Government, a mixed enterprise company under the Act respecting mixed enterprise companies in the municipal sector (chapter S-25.01), an intermunicipal board, a public transit authority, the Autorité régionale de transport métropolitain, the Réseau de transport métropolitain, or any other body referred to in section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

A person appointed or designated by the Government or a minister, together with the personnel directed by the person, in the exercise of the functions assigned to the person by law, the Government or a minister, is considered to be a body.

1997, c. 85, s. 5; 1999, c. 40, s. 37; 2000, c. 8, s. 104; 2000, c. 56, s. 218; 2002, c. 75, s. 33; 2005, c. 32, s. 308; 2006, c. 29, s. 31; 2009, c. 57, s. 5; 2011, c. 16, s. 177; 2016, c. 8, s. 50; 2017, c. 21, s. 76; 2018, c. 13, s. 17; 2020, c. 1, s. 309; 2020, c. 2, s. 11.

§ 4 . — Registers and notices

66. The Board shall keep a public register in which the names and addresses of licence holders and of the guarantors of partnerships and legal persons, the licence numbers and the classes or subclasses of such licences, the names of sureties and any restriction as regards the obtention of a public contract are entered.

1985, c. 34, s. 66; 1991, c. 74, s. 34, s. 169; 1997, c. 85, s. 6; 1998, c. 46, s. 23; 2018, c. 13, s. 18.

67. The licence holder shall, within 30 days, inform the Board in writing of any change in the holder’s legal structure, in particular in the case of a merger, sale or transfer.

Within the same period, the licence holder shall inform the Board in writing of any change in information or any modification to a document the holder has provided to the Board, in particular with respect to any offences or indictable offences for which the holder, a money lender or, in the case of a partnership or legal person, a person referred to in subparagraph 6 or 6.0.1 of the first paragraph of section 60 has been convicted.

The guarantor shall also, without delay, inform the Board in writing upon ceasing to act in that capacity.

1985, c. 34, s. 67; 1991, c. 74, s. 35, s. 169; 1999, c. 40, s. 37; 2018, c. 13, s. 19.

68. Licences shall indicate the classes and subclasses of construction work that the holder is permitted to carry out or cause to be carried out.

1985, c. 34, s. 68; 2005, c. 22, s. 47.

69. The holder of a licence who is no longer entitled thereto shall inform the Board in writing within 30 days following the date on which his entitlement ceased. In addition, in the case of a partnership or legal person, the guarantor must also inform the Board thereof in writing.

On the death or incapacity of the licence holder, the liquidator of the succession, the heir or the legatee by particular title, the legal representative of the deceased person, or the tutor or adviser to a person of full age shall inform the Board within 30 days of the holder’s being no longer entitled to the licence.

1985, c. 34, s. 69; 1989, c. 54, s. 159; 1991, c. 74, s. 36, s. 169; 1999, c. 40, s. 37; 2005, c. 22, s. 47; 2018, c. 13, s. 20.

DIVISION III SUSPENSION OR CANCELLATION OF A LICENCE

2005, c. 22, s. 9.

70. The Board may suspend or cancel a licence where the licence holder:

(1)  has been convicted of an offence under this Act, the Consumer Protection Act (chapter P-40.1), the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) or the Act respecting occupational health and safety (chapter S-2.1), if the serious nature or frequency of the offence justifies the suspension or cancellation;

(2)  no longer meets one of the conditions set out in sections 58 to 62.0.4 for obtaining a licence;

(3)  has submitted falsified facts to the Board or misrepresented facts, or has failed to provide the Board with information;

(3.1)  has failed to send a document or information to the Board even though required to do so under this Act or the regulations;

(3.2)  enters into a contract for the loan of money with a lender even though he was notified by the Board that the lender or an officer of the lender was convicted of an offence or indictable offence referred to in subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60 and did not obtain a pardon, or was convicted of an offence under paragraph 2 of section 194;

(3.3)  has failed to file any declaration, information or document required by the Board concerning offences or indictable offences of which the licence holder or a person referred to in subparagraph 8.2 of the first paragraph of section 58 or subparagraph 6 or 8 of the first paragraph of section 60 has been convicted;

(4)  has failed to comply with an order issued under this Act;

(5)  has abandoned construction work or interrupted it without reasonable cause, thereby harming the persons involved;

(5.1)  has submitted a bid for a public contract or entered into such a contract even though his licence contained a restriction as regards the obtention of a public contract;

(5.2)  has acted as a contractor or owner-builder even though his licence was suspended or cancelled;

(6)  has an officer who has not been discharged after being declared bankrupt;

(7)  his participation in the guaranty plan referred to in section 80 is terminated;

(8)  his participation in the security plan referred to in section 84 is terminated;

(9)  his participation in the security plan referred to in section 85 is terminated;

(10)  has not paid the contribution to the compensation fund payable under section 86, where applicable;

(11)  has carried out or caused to be carried out construction work for which compensation has been granted by the compensation fund referred to in section 86 and has not reimbursed the Board therefor;

(12)  has acted in such a manner that, in the opinion of the Board, he no longer merits the public’s trust;

(13)  has failed to provide the Board with what is needed to carry out a verification or inspection.

The Board must also cancel a licence where the licence holder or, in the case of a partnership or legal person, one of its officers has been convicted of an offence or indictable offence referred to in subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60, after having already been convicted of any such offence or indictable offence in the five years preceding the new conviction, unless, in the meantime, the holder or officer has obtained a pardon.

Before suspending or cancelling a licence under this section, the Board shall take into account construction work under way.

1985, c. 34, s. 70; 1990, c. 4, s. 96; 1991, c. 74, s. 37, s. 169; 1998, c. 46, s. 24; 2005, c. 22, s. 10, s. 47; 2007, c. 3, s. 72; 2005, c. 22, s. 10; 2009, c. 57, s. 6; 2011, c. 35, s. 10; 2018, c. 13, s. 21; 2019, c. 28, s. 9.

70.0.1. The Board may suspend or cancel a licence where a guarantor has submitted falsified facts to it or misrepresented facts, failed to provide it with information or failed to comply with any of his obligations under this Act or the regulations.

2018, c. 13, s. 22.

70.1. (Repealed).

1991, c. 74, s. 38; 2005, c. 22, s. 11.

70.2. A contractor’s licence shall be suspended for a period of 12 months if, within two years following a decision to suspend work made against the holder of the licence under section 7.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20), another decision to suspend work is made against the holder.

A licence suspension has effect from the expiry of the time allowed to apply for review of the decision to suspend work provided for in section 7.7 of that Act or, if the decision to suspend work was reviewed, from the final decision of the Administrative Labour Tribunal.

1995, c. 63, s. 2; 1998, c. 46, s. 25; 1997, c. 85, s. 7; 2007, c. 3, s. 72; 2006, c. 58, s. 82; 2015, c. 15, s. 237.

71. The licence of a contractor or of an owner-builder ceases to have effect on any of the following occurrences:

(1)  he becomes bankrupt;

(2)  its powers as a legal person are revoked;

(3)  it passes a resolution to go into voluntary liquidation;

(4)  a winding-up order is made against it by a court of competent jurisdiction;

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  he has been convicted of contravening the first paragraph of section 65.2;

(8)  he did not pay the fees payable to maintain the licence when they were due.

1985, c. 34, s. 71; 1991, c. 74, s. 39, s. 169; 1997, c. 85, s. 8; 1999, c. 40, s. 37; 2005, c. 22, s. 12, s. 47; 2005, c. 22, s. 12.

72. On the death of a licence holder, the liquidator of the succession or the heir, legatee by particular title or legal representative of the deceased may continue the latter’s activities for up to 120 days from the date of death.

1985, c. 34, s. 72; 1999, c. 40, s. 37; 2018, c. 13, s. 23.

73. The licence of a partnership or legal person ceases to have effect 90 days after the date on which the guarantor ceases to act in that capacity. In the case of the death of the guarantor, the period is increased to 120 days.

However, that partnership’s or legal person’s licence remains in force if another guarantor is responsible for managing activities in the same area as that for which the knowledge or experience of the guarantor referred to in the first paragraph was recognized.

In addition, where a licence includes several subclasses and the guarantor referred to in the first paragraph was the sole person responsible for one of them, only that subclass ceases to have effect if another person acts as a guarantor for each of the other subclasses and is responsible for managing the activities in every other skill area.

1985, c. 34, s. 73; 1999, c. 40, s. 37; 2005, c. 22, s. 47; 2018, c. 13, s. 24.

74. (Repealed).

1985, c. 34, s. 74; 1991, c. 74, s. 40.

75. The Board shall notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations before refusing to issue a licence or before ordering the suspension or cancellation of a licence.

It shall deliver its ruling in writing, with reasons.

1985, c. 34, s. 75; 1991, c. 74, s. 169; 1997, c. 43, s. 87; 2005, c. 22, s. 13; 2018, c. 13, s. 25.

76. The Board may issue to the trustee in bankruptcy or to the liquidator, for not more than 30 days, a licence permitting the completion of the work covered by the licence.

1985, c. 34, s. 76; 1991, c. 74, s. 169.

76.1. A natural person, partnership or legal person whose licence is suspended or cancelled shall, at the Board’s request and within the time it specifies, provide the list of construction work under way, the name of the clients concerned and the contact information necessary for the Board to contact them to provide them with useful information for the completion of the work.

The information required under the first paragraph may also be requested by the Board to enable it to ensure that the ruling it delivered on the suspension or cancellation of the licence is complied with.

2018, c. 13, s. 26.

CHAPTER V FINANCIAL GUARANTEES

DIVISION I GUARANTY PLANS

77. The Board may, by regulation, require every contractor to join a plan guaranteeing the performance of his legal and contractual obligations, in particular, his obligation to comply with the Construction Code (chapter B-1.1, r. 2), resulting from a contract entered into with a person for the sale or construction of a new residential building.

The regulation contemplated in the first paragraph shall determine the cases and the terms and conditions of the guaranty related to the performance of the legal and contractual obligations of the contractor, and the class of new residential buildings to which it applies.

1985, c. 34, s. 77; 1991, c. 74, s. 41; 1995, c. 58, s. 1.

78. The Board may, by regulation, require every contractor to join a plan guaranteeing the performance of his legal and contractual obligations, in particular, his obligation to comply with the Construction Code (chapter B-1.1, r. 2), resulting from a contract entered into with a person for the carrying out of renovation, repair, maintenance or alteration work on a building, on facilities or installations referred to in paragraph 2, 3 or 3.1 of section 2 or on a civil engineering structure.

The regulation contemplated in the first paragraph shall determine the cases and the terms and conditions of the guaranty related to the performance of the legal and contractual obligations of the contractor.

1985, c. 34, s. 78; 1991, c. 74, s. 42; 1995, c. 58, s. 2; 1998, c. 46, s. 26; 2005, c. 10, s. 45.

79. Every contractor required to join a guaranty plan shall give to a person the contract whereby the plan guarantees the obligations provided in section 77 or 78.

1985, c. 34, s. 79; 1995, c. 58, s. 3.

79.1. Every contractor required to join a guaranty plan under section 77 or 78 is bound to repair any defect in construction resulting from the failure to carry out or from the carrying out of construction work covered by the plan. The contractor must also, where applicable, complete the carrying out of the work or pay the compensation prescribed by regulation of the Board.

Should the contractor fail to repair such defects and, where applicable, to complete the work or pay the compensation, the manager of the plan shall make the repairs and, where applicable, complete the work or pay the compensation.

1995, c. 58, s. 4.

79.2. Subrogation operates in favour of the manager of a guaranty plan who remedies the contractor’s failure to perform his obligations under the plan.

1995, c. 58, s. 4.

80. A guaranty plan and any guaranty contract offered under such a plan shall conform with the standards and criteria established by regulation of the Board and be approved by the Board.

1985, c. 34, s. 80; 1991, c. 74, s. 43.

81. A guaranty plan must be managed by a non-profit legal person whose sole object is to manage the financial guarantees provided for in this chapter; such person must be authorized by the Board in accordance with a regulation of the Board, and have an establishment in Québec.

The composition of such a legal person’s board of directors must be in accordance with the criteria determined by the regulation.

1985, c. 34, s. 81; 1991, c. 74, s. 43; 1995, c. 58, s. 5; 2011, c. 35, s. 11.

81.0.1. A guaranty fund is set up as a social trust patrimony to intervene should an exceptional or unforeseeable major loss occur or should the manager of a guaranty plan no longer be able to meet the obligations of the guaranty plan, owing to the manager’s financial position.

The Board is trustee of the guaranty fund. It acts in constant pursuit of the objectives of the fund.

2011, c. 35, s. 12.

81.1. The manager of a guaranty plan must, in keeping with the terms prescribed by regulation, pay the prescribed amounts into a reserve account and into the guaranty fund.

Those amounts are unassignable and unseizable.

1995, c. 58, s. 5; 2011, c. 35, s. 13.

81.2. The following information obtained from the manager of a guaranty plan may be made public by the Board:

(1)  the following balance sheet elements contained in the audited financial statements:

(a)  the amount of the reserves and the total assets;

(b)  the actuarial reserve and the total liabilities; and

(c)  the required surplus and the total net assets;

(2)  the following income statement elements contained in the audited financial statements:

(a)  the premiums paid, premium adjustments, membership fees, investment income and total income;

(b)  the total claims and claims expenses, the variation in the actuarial reserve and total expenses; and

(c)  the pre-tax surplus; and

(3)  the data required by the Board regarding the manager’s activities.

The data referred to in subparagraph 3 of the first paragraph include a breakdown of the certificates issued and the number of contractors accredited, of complaints processed, of files submitted to arbitration and of inspections carried out.

2010, c. 28, s. 12.

82. No person may offer to a person a guarantee contract other than a contract required under this division, for the purpose of guaranteeing performance of the contractual and legal obligations of a contractor, in particular the obligation to comply with the Construction Code (chapter B-1.1, r. 2) for a building mentioned in section 77 or work covered by section 78 if the contract is not offered under a guaranty plan managed by a person authorized by the Board in accordance with a regulation made by the Board.

1985, c. 34, s. 82; 1991, c. 74, s. 44; 1995, c. 58, s. 6.

83. The Board may withdraw its authorization of the manager mentioned in section 81 or in section 82 where the person

(1)  is no longer able to take on the obligations of the guaranty plan, owing to his financial position;

(2)  no longer meets the conditions prescribed by regulation of the Board.

The Board may, in such cases, appoint a provisional administrator.

1985, c. 34, s. 83; 1991, c. 74, s. 45; 2011, c. 35, s. 14.

83.0.1. Before withdrawing its authorization and appointing a provisional administrator, the Board must give the manager an opportunity to submit observations.

However, in an urgent situation, the Board may first appoint the provisional administrator, provided that the manager is allowed at least 10 days to submit observations.

2011, c. 35, s. 15.

83.0.2. The decision to appoint a provisional administrator must give reasons and be notified in writing by the Board to the manager.

2011, c. 35, s. 15.

83.0.3. The provisional administrator shall have the necessary powers to carry out the mandate assigned by the Board.

Subject to the restrictions included in the mandate, the provisional administrator may, on his own initiative, in particular,

(1)  take possession of all the assets and funds held in trust or otherwise by or for the manager;

(2)  commit the funds to carrying out the mandate and enter into such contracts as are necessary for that purpose;

(3)  determine the number of guaranty plan beneficiaries and their identity;

(4)  assign, transfer or otherwise dispose of guaranty contracts;

(5)  transact on any claim made by a guaranty plan beneficiary for the performance of a guaranty contract; and

(6)  go before the courts for the purpose of carrying out the mandate.

In no case may the provisional administrator be sued for acts done in good faith in the performance of duty.

2011, c. 35, s. 15.

83.0.4. When a provisional administrator is appointed, every person in possession of documents, records, books, electronic data, computer programs or other effects relating to the manager’s affairs must hand them over on request to the provisional administrator and give him access to such premises, equipment or computers as he may require.

2011, c. 35, s. 15.

83.0.5. After receiving a notice to that effect from the provisional administrator appointed for a manager, no depositary of funds for the manager may make any withdrawal or payment from the funds except with the written authorization of the provisional administrator. The funds must, on request, be put in the possession of the provisional administrator according to his directives.

2011, c. 35, s. 15.

83.0.6. The costs of the provisional administration and the provisional administrator’s fees shall be taken out of the manager’s assets and become payable on being approved by the Board. If the manager fails to pay the account within 30 days of its presentation, the costs and fees shall be payable out of the security required of the manager and, in case of a lack or insufficiency of funds, they shall be payable out of the guaranty fund.

2011, c. 35, s. 15.

83.1. Only a body that meets the following criteria may be authorized by the Board to conduct the arbitration of disputes arising out of guaranty plans:

(1)  it is devoted to dispute arbitration;

(2)  it has established a panel of arbitrators whose integrity has been established and who satisfy the conditions determined by regulation of the Board;

(3)  it applies an arbitration procedure that includes the arbitration rules prescribed by regulation of the Board;

(4)  it has established a tariff of arbitration costs that has been approved by the Board and that pertains to arbitration expenses, including expenses incurred by such body and the cost of its services, arbitrators’ fees and provisions for expenses;

(5)  it satisfies any other condition prescribed by regulation of the Board.

The body must maintain a website that allows the public to access the full text of any decision made by its arbitrators within 30 days.

1995, c. 58, s. 7; 2011, c. 35, s. 16.

DIVISION II SECURITY

1991, c. 74, s. 46.

84. The Board may, by regulation, require security from any contractor for the purpose of compensating the contractor’s clients who sustain a loss as a result of a failure to carry out or the carrying out of construction work not covered by a guaranty plan referred to in section 80.

1985, c. 34, s. 84; 1991, c. 74, s. 46.

DIVISION III SECURITY AND COMPENSATION FUND

1991, c. 74, s. 46.

85. Where no guaranty plan meets, or the guaranty contract fails to meet, the standards and criteria established by regulation pursuant to paragraph 19.6 of section 185 within the 12 months following the coming into force of the regulation or where, within that time, no manager has been authorized in accordance with section 81, the Board may, by regulation, require security from any contractor for the purpose of compensating those of his clients who have sustained a loss as a result of a failure to carry out or the carrying out of construction work related to a building, to facilities or installations referred to in paragraph 2, 3 or 3.1 of section 2 or to a civil engineering structure, in the cases and within the limits determined by regulation.

The same applies where an approved guaranty plan or guaranty contract no longer meets the standards and criteria established by regulation pursuant to paragraph 19.6 of section 185.

1985, c. 34, s. 85; 1991, c. 74, s. 46; 1998, c. 46, s. 27; 2005, c. 10, s. 46.

86. The Board may also, for the same purposes, organize by regulation, a compensation fund whose object shall be to provide compensation in excess of the security but only where the security is insufficient.

The fund shall be managed by the Board.

1985, c. 34, s. 86; 1991, c. 74, s. 46.

86.1. The Board shall pay compensation out of the fund to a person who applies therefor and meets the conditions prescribed by regulation of the Board.

1991, c. 74, s. 46.

86.2. The Board may, by regulation, prescribe the conditions, manner, and rules according to which a claim may be admitted for compensation out of the fund and out of the security, and in particular prescribe

(1)  the categories of persons who may benefit from the rights granted by this division;

(2)  the categories of contractors who are required to provide security and contribute to the fund;

(3)  the categories of buildings, civil engineering structures, facilities and installations covered;

(4)  categories of work or cost of work for each category of persons, buildings, civil engineering structures, facilities and installations covered;

(5)  the nature of claims, the amount of deductible, the maximum amounts that may be claimed and the other terms or conditions according to which compensation may be paid out of the security and out of the fund;

(6)  the maximum total amount of compensation that may be paid out of the security and out of the fund in respect of all claims presented during a fiscal year in respect of the same contractor;

(7)  the minimum amount of money needed to defray the operating costs of the fund;

(8)  an indicator of the importance of the contractor’s activities and performance which may be used as a basis for establishing contributions and the terms and conditions of payment of such contributions to the fund by a person applying for a licence;

(9)  special contributions and the terms and conditions of payment of such contributions to the fund when the amount making up the fund is less than the minimum amount fixed.

1991, c. 74, s. 46; 1998, c. 46, s. 28; 2005, c. 22, s. 14.

86.3. The fund is constituted of the contributions paid by contractors required to contribute, of the revenue generated thereby and of sums recovered from a contractor pursuant to subrogation.

1991, c. 74, s. 46.

86.4. The Board shall keep separate accounts for the fund and its operating costs shall be paid by the fund out of the amounts constituting it.

The assets of the fund are not part of the assets of the Board and shall not be used by the Board in the performance of its obligations.

1991, c. 74, s. 46.

86.5. The fiscal year of the fund shall end on 31 March.

1991, c. 74, s. 46.

86.6. Where the Board does not foresee being in immediate need of the funds remaining in the fund for the payment of compensation, the funds shall be deposited with the Caisse de dépôt et placement du Québec.

1991, c. 74, s. 46.

86.7. Where compensation is paid out of the security or by the Board under this chapter, it shall be subrogated to the rights of the beneficiary up to the amount of the sums paid.

1991, c. 74, s. 46.

CHAPTER V.1 BUILDING INSPECTION

2019, c. 28, s. 10.

Not in force

86.8. A natural person shall, in the cases and on the terms and conditions determined by regulation of the Board, obtain from the Board a certificate to act as a building inspector.

This section does not apply to a person who inspects a building under powers of verification, inspection, supervision, control or inquiry assigned to him by an Act, or to a category of persons prescribed by regulation of the Board.

2019, c. 28, s. 10.

Not in force

86.9. No person may give cause to believe that he holds a certificate authorizing him to act as a building inspector if he does not hold one.

2019, c. 28, s. 10.

Not in force

86.10. The Board shall, by regulation, determine the terms and conditions for the issue, amendment or renewal of a certificate referred to in section 86.8, its period of validity, and the standards, terms and conditions its holder must comply with.

2019, c. 28, s. 10.

Not in force

86.11. The Board may refuse to issue, amend or renew a certificate, or may suspend or cancel a certificate, where the applicant or holder

(1)  does not comply with one of the terms or conditions set out in this Act or prescribed by regulation of the Board, in particular a term or condition for issuing or maintaining a certificate;

(2)  has submitted falsified facts to the Board or misrepresented facts, or has failed to provide the Board with information;

(3)  has not complied with an order issued under this Act;

(4)  is in a conflict of interest situation;

(5)  has failed to pay a sum of money payable to the Board under this Act or the regulations;

(6)  has been convicted of an offence under this Act or the Consumer Protection Act (chapter P-40.1), if the serious nature or frequency of the offence justifies such a decision;

(7)  has, in the five years preceding the application, been convicted of an offence under a fiscal law or an indictable offence related to the building inspector activities the person intends to carry on, unless he has obtained a pardon;

(8)  has, in the five years preceding the application, been convicted by a foreign court of an offence or indictable offence referred to in subparagraph 7 which, if committed in Canada, would have resulted in criminal proceedings; or

(9)  has failed to provide the Board with what is needed to carry out a verification or inspection.

Despite paragraph 7 of the first paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, a certificate may not be issued before five years have elapsed since the end of the term of imprisonment imposed by the sentence, unless the person on whom the term of imprisonment was imposed has obtained a pardon.

The Board may also refuse to issue, amend or renew a certificate, or may suspend or cancel a certificate, if issuing or maintaining the certificate would be contrary to the public interest, for example because the applicant or holder is unable to prove good moral character and a capacity to exercise activities as a building inspector with competence and integrity, given his past conduct.

2019, c. 28, s. 10.

86.11.1. The Board may, by regulation, require any person who acquires a building to have it inspected prior to purchase by a certified building inspector.

The regulation must determine in which cases such a requirement applies, as well as the terms and conditions of the requirement.

2021, c. 31, s. 43.

Not in force

86.12. The Board may recognize persons or bodies for the purpose of certifying building inspectors.

The Board may, by regulation, determine the terms and conditions for recognizing persons or bodies referred to in the first paragraph, the terms and conditions such persons or bodies must comply with and all the duties they may perform.

2019, c. 28, s. 10.

Not in force

86.13. The Board shall keep a public register in which the names and contact information of the certificate holders and their certificate numbers are entered.

2019, c. 28, s. 10.

Not in force

86.14. The Board may, by regulation, establish a public register of the main problems observed by certified building inspectors in the performance of their duties.

The regulation mentioned in the first paragraph must also determine the form and content of the register and the other terms applicable to it.

2019, c. 28, s. 10.

CHAPTER VI RÉGIE DU BÂTIMENT DU QUÉBEC

1991, c. 74, s. 47.

DIVISION I ESTABLISHMENT AND ORGANIZATION

1991, c. 74, s. 47.

87. A board to be called the “Régie du bâtiment du Québec” is hereby established.

1985, c. 34, s. 87; 1991, c. 74, s. 47.

88. The Board is a legal person and a mandatary of the State.

Its property forms part of the domain of the State but the execution of its obligations may be levied against its property.

The Board binds none but itself when it acts in its own name.

1985, c. 34, s. 88; 1991, c. 74, s. 47; 1999, c. 40, s. 37; 2005, c. 22, s. 15.

89. The head office of the Board shall be located at the place determined by the Government; notice of that location and of any change of location of the head office shall be published in the Gazette officielle du Québec.

1985, c. 34, s. 89; 1991, c. 74, s. 47.

90. The Board shall be administered by a board of directors composed of 13 members including a president and chief executive officer.

1985, c. 34, s. 90; 1991, c. 74, s. 47; 2005, c. 22, s. 16; 2011, c. 35, s. 17.

91. The members of the board of directors are appointed by the Government for a term of up to five years.

The members of the board other than the president and chief executive officer are appointed in the following manner:

(1)  two chosen from among persons identified with building contractors associations;

(1.1)  one chosen from among persons identified with corporations incorporated under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4);

(2)  one chosen from among persons identified with the financial sector;

(3)  two chosen from among persons identified with consumer associations or persons living in or frequenting a building;

(4)  two chosen from among persons identified with building owners associations;

(5)  two chosen from among persons identified with the municipal sector;

(6)  two chosen from among persons identified with the professional orders tied to the building and construction industry.

At the end of their terms, the members of the board remain in office until replaced or reappointed.

1985, c. 34, s. 91; 1991, c. 74, s. 47; 2005, c. 22, s. 16; 2011, c. 35, s. 18.

91.1. The Government shall appoint a chair and a vice-chair from among the members of the board of directors.

2005, c. 22, s. 16.

91.2. The positions of president and chief executive officer and of chair of the board of directors may not be held concurrently.

2005, c. 22, s. 16.

91.3. The chair of the board of directors shall call and preside at the meetings of the board and see to the proper operation of the board. The chair shall also assume the other duties assigned by the board.

The chair shall also see to the proper operation of the board committees and may participate in their meetings. The chair shall evaluate the performance of the other board members according to criteria established by the board.

The vice-chair of the board shall perform the duties of the chair if the chair is absent or unable to act.

2005, c. 22, s. 16; 2011, c. 35, s. 19.

91.4. The president and chief executive officer shall see that the decisions of the board of directors are carried out and is responsible for the management and direction of the Board within the scope of its by-laws and policies.

2005, c. 22, s. 16.

91.5. The Government shall also appoint three vice-presidents, including a vice-president in charge of investigations, for a term of up to five years. At the end of their terms, they shall remain in office until replaced or reappointed.

In addition to the powers and duties that may otherwise be assigned or delegated to them, the vice-presidents shall assist and advise the president and chief executive officer in the performance of the duties of office and shall perform their administrative duties under the authority of the president and chief executive officer.

2005, c. 22, s. 16; 2011, c. 35, s. 20.

92. A vacancy on the board of directors other than in the position of president and chief executive officer shall be filled in the manner set out for the appointment of the member to be replaced.

Absence from the number of meetings of the board of directors determined in the internal by-laws of the Board, in the cases and circumstances specified, constitutes a vacancy.

1985, c. 34, s. 92; 1991, c. 74, s. 47; 2005, c. 22, s. 16.

93. If the president and chief executive officer is absent or unable to act, the Minister shall designate the vice-president who is to replace the president and chief executive officer.

If a vice-president is absent or unable to act, the other vice-president shall assume the latter’s responsibilities.

If a member of the board of directors other than the president and chief executive officer is absent or unable to act, the Government may appoint an interim replacement on the conditions it determines.

1985, c. 34, s. 93; 1991, c. 74, s. 47; 1999, c. 40, s. 37; 2005, c. 22, s. 16.

94. (Repealed).

1985, c. 34, s. 94; 1991, c. 74, s. 47; 2005, c. 22, s. 17.

95. The president and chief executive officer and the vice-presidents shall perform their duties on a full-time basis.

1985, c. 34, s. 95; 1991, c. 74, s. 47; 2005, c. 22, s. 18.

96. The Government shall fix the remuneration, employment benefits and other conditions of employment of the president and chief executive officer and the vice-presidents.

The other members of the board are not remunerated except in the cases and conditions and to the extent that the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

The sums required for the carrying out of this section shall be borne by the Board.

1985, c. 34, s. 96; 1991, c. 74, s. 47; 2005, c. 22, s. 19.

97. (Repealed).

1985, c. 34, s. 97; 1991, c. 74, s. 47; 2005, c. 22, s. 20.

98. The Board may hold meetings at any place in Québec.

1985, c. 34, s. 98; 1991, c. 74, s. 47.

99. A decision of the board signed by all members of the board has the same value as if made during a regular meeting.

1985, c. 34, s. 99; 1991, c. 74, s. 47.

100. The quorum at meetings of the board of directors is the majority of its members, including the president and chief executive officer or the chair.

Decisions of the board are made by a majority vote of the members present. In the case of a tie vote, the person presiding at the meeting has a casting vote.

1985, c. 34, s. 100; 1991, c. 74, s. 47; 2005, c. 22, s. 21.

100.1. The members of the board of directors may waive notice of a meeting. Attendance at a meeting of the board constitutes a waiver of notice, unless the members are present to contest the legality of the meeting.

2005, c. 22, s. 21.

100.2. If all agree, the members of the board of directors may take part in a meeting by means of equipment enabling all participants to communicate directly with one another.

2005, c. 22, s. 21.

100.3. Written resolutions, signed by all members of the board of directors entitled to vote, have the same value as if they had been adopted during a meeting of the board.

A copy of all such resolutions is kept with the minutes of the proceedings or other equivalent record book.

2005, c. 22, s. 21.

101. The Board shall adopt internal by-laws. The internal by-laws must, among other things, provide for the establishment of

(1)  a governance and ethics committee; and

(2)  an audit committee at least one of whose members must be a member of the professional order of accountants governed by the Professional Code (chapter C-26).

The internal by-laws come into force on the date of their approval by the Government.

1985, c. 34, s. 101; 1991, c. 74, s. 47; 2005, c. 22, s. 21; 2011, c. 35, s. 21; 2012, c. 11, s. 32.

102. The secretary and members of the personnel of the Board shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1985, c. 34, s. 102; 1991, c. 74, s. 47; 2000, c. 8, s. 242.

DIVISION I.1

Repealed, 2005, c. 22, s. 22.

1991, c. 74, s. 47; 2005, c. 22, s. 22.

103. (Repealed).

1985, c. 34, s. 103; 1991, c. 74, s. 47; 2005, c. 22, s. 22.

104. (Repealed).

1985, c. 34, s. 104; 1991, c. 74, s. 47; 2005, c. 22, s. 22.

105. (Repealed).

1985, c. 34, s. 105; 1991, c. 74, s. 47; 2005, c. 22, s. 22.

106. (Repealed).

1985, c. 34, s. 106; 1991, c. 74, s. 47; 1999, c. 13, s. 1; 2005, c. 22, s. 22.

107. (Repealed).

1985, c. 34, s. 107; 1991, c. 74, s. 47; 2005, c. 22, s. 22.

108. (Repealed).

1985, c. 34, s. 108; 1991, c. 74, s. 47; 2005, c. 22, s. 22.

109. (Repealed).

1985, c. 34, s. 109; 1991, c. 74, s. 47; 1999, c. 40, s. 37; 2005, c. 22, s. 22.

109.1. (Repealed).

1991, c. 74, s. 47; 2005, c. 22, s. 22.

109.2. (Repealed).

1991, c. 74, s. 47; 2005, c. 22, s. 22.

109.3. (Repealed).

1991, c. 74, s. 47; 2005, c. 22, s. 22.

109.4. (Repealed).

1991, c. 74, s. 47; 2005, c. 22, s. 22.

109.5. (Repealed).

1991, c. 74, s. 47; 2005, c. 22, s. 22.

DIVISION I.2 COMMISSIONERS

2011, c. 35, s. 22.

109.6. The Government shall appoint not more than five commissioners for the exclusive exercise of the following functions under the administrative authority of the president and chief executive officer:

(1)  to decide whether a licence or an amendment to a licence may be refused in light of the conditions set out in any of

(a)  subparagraph 4, subparagraph a of subparagraph 8 and subparagraphs 8.2 to 8.5 of the first paragraph of section 58;

(b)  sections 59 and 59.1;

(c)  subparagraph 3, subparagraph a of subparagraph 6, and subparagraphs 6.0.1, 6.3 to 6.5 and 8 of the first paragraph of section 60; and

(d)  sections 61 to 62.0.4;

(2)  to decide to indicate a restriction on a licence under subparagraph 4 of the second paragraph of section 65.1;

(3)  to grant the holder of a licence that contains a restriction the authorization to continue to perform a contract in accordance with section 65.2.1 and to subject the authorization to certain conditions;

(4)  to decide to suspend or cancel a licence under any of

(a)  subparagraphs 1, 3 to 5.2 and 11 to 13 of the first paragraph of section 70 and the second paragraph of that section;

(b)  subparagraph 2 of the first paragraph of section 70 but only insofar as the decision is related either to one of the conditions referred to in paragraph 1 of this section or to subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60; and

(c)  section 70.0.1;

(5)  to refuse to issue or amend a permit under paragraphs 2 to 5 of section 128.3, or to limit, suspend, cancel or refuse to renew a permit under that section;

(6)  to refuse to recognize a person or body under paragraphs 2 to 5 of section 128.4, or to suspend, cancel or refuse to renew the recognition of a person or body under that section; and

(7)  to render decisions, in accordance with sections 160 to 164, on applications for review of a ruling of the Board.

2011, c. 35, s. 22; 2018, c. 13, s. 27; 2019, c. 28, s. 11.

109.7. The commissioners shall be appointed for a term of up to five years. The term is renewable.

The president and chief executive officer may allow a commissioner to continue the examination of an application and render a decision although the commissioner’s term has expired.

2011, c. 35, s. 22.

109.8. The Government shall determine the commissioners’ remuneration, employee benefits and other conditions of employment.

2011, c. 35, s. 22.

DIVISION II MISSION, DUTIES AND POWERS

2005, c. 22, s. 23.

110. The mission of the Board is to supervise the administration of this Act, particularly with a view to protecting the public.

1985, c. 34, s. 110; 1991, c. 74, s. 169; 2005, c. 22, s. 24.

111. In carrying out its mission, the Board shall, in particular, have the following responsibilities:

(1)  to ensure that this Act is applied and that building and safety standards are observed;

(2)  to check the qualifications of contractors and owner-builders so as to ensure their integrity, competence and solvency;

(2.1)  to cooperate in efforts to prevent and to fight corruption and fraudulent practices in the construction industry;

(3)  to promote administrative agreements with other agencies operating in areas covered by this Act with a view to facilitating its application;

(4)  to promote the delegating of responsibility to local municipalities;

(4.1)  to support local municipalities, regional county municipalities and intermunicipal boards in their enforcement of any standard identical to a standard of the Safety Code (chapter B-1.1, r. 3);

(5)  to promote the training of persons working in the areas of building construction and public information;

(5.1)  subsidizing services or bodies whose purpose is to protect guaranty plan beneficiaries;

(6)  to cooperate with departments and agencies involved in the areas covered by this Act;

(7)  to take part in the preparation of Government regulations, at the request of the Minister;

(8)  to disseminate information and give opinions on the content and application of the Construction Code (chapter B-1.1, r. 2) and the Safety Code;

(9)  to undertake or commission studies and research in areas covered by this Act;

(10)  to adopt measures to foster a greater sense of responsibility among persons working in the field of construction;

(11)  to manage guaranty plans, demand contributions and, where necessary, organize and administer a guaranty fund or a compensation fund.

1985, c. 34, s. 111; 1991, c. 74, s. 48, s. 169; 2005, c. 22, s. 25; 2010, c. 28, s. 13; 2011, c. 35, s. 23; 2018, c. 13, s. 28.

112. In the exercise of its powers of supervision, the Board may:

(1)  at any reasonable hour enter a building, an establishment where the manager of a guaranty plan carries on activities or a construction site and have access to a facility intended for use by the public, an installation independent of a building or a petroleum equipment installation;

(2)  examine and make copies of the books, ledgers and files of the manager of a guaranty plan, of a contractor, of an owner-builder, of the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, of a pressure vessel manufacturer or of a gas or petroleum product distribution undertaking;

(3)  require the disclosure of all information necessary for applying this Act as well as the production of any related document.

1985, c. 34, s. 112; 1991, c. 74, s. 49, s. 169; 2005, c. 10, s. 47; 2011, c. 35, s. 24.

113. The Board may without charge take samples for analysis; it shall inform the person concerned and return the samples after analysis, where possible.

1985, c. 34, s. 113; 1991, c. 74, s. 168.

114. The Board may require the manager of a guaranty plan, a contractor, an owner-builder, the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, a pressure vessel manufacturer, a gas or petroleum product distribution undertaking, an architect or an engineer, to submit material, equipment, or an installation to a test, analysis or check so as to ensure it conforms to this Act.

1985, c. 34, s. 114; 1991, c. 74, s. 168; 1991, c. 74, s. 50; 2005, c. 10, s. 48; 2011, c. 35, s. 25.

115. The Board may make tests, take photographs or make recordings at a construction site, building, establishment where the manager of a guaranty plan carries on activities, facility intended for use by the public, installation independent of a building or petroleum equipment installation.

1985, c. 34, s. 115; 1991, c. 74, s. 169; 2005, c. 10, s. 49; 2011, c. 35, s. 26.

116. The Board may itself install a measurement apparatus or order a contractor, an owner-builder, the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, a pressure vessel manufacturer or a gas or petroleum product distribution undertaking to install one and provide it with the data gathered.

1985, c. 34, s. 116; 1991, c. 74, s. 168; 1991, c. 74, s. 51; 2005, c. 10, s. 50.

117. The Board may require that a person provide it with what is needed to carry out a check.

1985, c. 34, s. 117; 1991, c. 74, s. 169.

118. A member of the Board or its agent must identify himself on request and show his certificate of appointment.

1985, c. 34, s. 118; 1991, c. 74, s. 169.

119. The Board may require that an electricity or piped gas distribution undertaking obtain its consent before connecting an electrical installation or an installation intended to use gas to the distribution network.

1985, c. 34, s. 119; 1991, c. 74, s. 168; 2005, c. 10, s. 66.

120. The Board may require an electricity, gas or petroleum product distribution undertaking to obtain its authorization before supplying an electrical installation, an installation intended to use gas or a petroleum equipment installation.

1985, c. 34, s. 120; 1991, c. 74, s. 168; 1991, c. 74, s. 52; 2005, c. 10, s. 51.

121. The agents of an electricity, gas or petroleum product distribution undertaking engaged in verifying electrical installations, installations that use gas, petroleum equipment installations or construction work have the powers and must comply with the obligations set out in paragraph 1 of section 112 and in sections 113 to 118.

1985, c. 34, s. 121; 1991, c. 74, s. 52; 2005, c. 10, s. 52.

122. The Board may, where it considers it advisable, give a remedial notice in writing indicating to a person the defects noted by the Board and fix a time limit for compliance with this Act and the regulations.

In such a notice the Board may, in addition, enjoin the person to take any suppletory measures it considers necessary in order that the building, facility intended for use by the public, installation independent of a building or petroleum equipment installation be made safe for the persons living in it, frequenting it, using it or, as the case may be, having access to it.

The person must comply with the notice within the time fixed.

1985, c. 34, s. 122; 1991, c. 74, s. 168; 1991, c. 74, s. 52; 2005, c. 10, s. 53.

123. The Board may issue an order enjoining compliance with this Act and fix a time limit for doing so.

It may, in addition, enjoin the person to take any suppletory measures it considers necessary in order that the building, facility intended for use by the public, installation independent of a building or petroleum equipment installation be made safe for the persons living in it, frequenting it, using it or, as the case may be, having access to it.

The person must comply with the order within the time fixed.

1985, c. 34, s. 123; 1991, c. 74, s. 168; 1991, c. 74, s. 53; 2005, c. 10, s. 54.

124. Where the Board believes there is danger to the safety and well-being of the public, it may order that a building or facility intended for use by the public be closed, evacuated or demolished in whole or in part, or that the operation or use of an installation independent of a building, of a petroleum equipment installation or of equipment or an installation in a building be stopped or that the independent installation, equipment or installation be demolished.

The Board, in such a case, must as soon as possible, give the reasons in writing for its decision.

The site may not be reopened or the installation used until the Board so permits.

1985, c. 34, s. 124; 1991, c. 74, s. 168; 1991, c. 74, s. 54; 2005, c. 10, s. 55.

124.1. The Board may order the suspension of construction work where the person carrying out the work or having it carried out does not hold a licence or where the licence is not of the appropriate class or subclass.

The work may not resume until the Board so authorizes.

2019, c. 28, s. 14.

125. Where a person against whom the Board has made an order refuses or neglects to comply, the Board or any interested party may apply to the Superior Court for an injunction compelling compliance.

The court may in a fit case order that work be carried out at the expense of the person it names or authorize the Board to perform the work at that person’s expense.

1985, c. 34, s. 125; 1991, c. 74, s. 168; I.N. 2016-01-01 (NCCP).

126. An order against the owner of an immovable may be registered at the Land Registry Office.

The Board may apply for registration by presenting a copy of the order to the Land Registrar. The registration fees shall be borne by the owner of the immovable.

The order shall in that case affect any purchaser whose right is subsequently registered, and he shall be bound to take over the obligations imposed on the former owner according to the order.

1985, c. 34, s. 126; 1991, c. 74, s. 168; 1999, c. 40, s. 37; 1991, c. 74, s. 55; 2000, c. 42, s. 101; 2020, c. 17, s. 30.

127. The Board may approve a design, building method or the use of material and equipment different from that prescribed by a code or regulation made under this Act, on conditions it sets, where it finds the quality equivalent to what is sought by the standards of the code or regulation.

The same applies where it considers that public safety is equally protected.

1985, c. 34, s. 127; 1991, c. 74, s. 168.

128. In the case of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, the Board may allow the application of measures different from those prescribed by a code or regulation made under this Act, according to conditions it sets, where the provisions of the code or regulation are shown not to be reasonably applicable.

1985, c. 34, s. 128; 1991, c. 74, s. 168; 2005, c. 10, s. 56.

128.1. (Repealed).

1991, c. 74, s. 56; 1998, c. 46, s. 30.

128.2. The inspectors of the Commission de la construction du Québec shall, where their field of jurisdiction coincides with that of this Act, ensure that the contractors and owner-builders are licence holders.

In exercising this function, the inspectors have the same powers and duties of inspection as inspectors of the Board under this Act.

1991, c. 74, s. 56.

128.3. The Board may refuse to issue, amend or renew a permit referred to in section 35.2 or 37.1, or may limit, suspend or cancel such a permit, if the applicant or holder

(1)  does not comply with one of the terms or conditions set out in this Act or prescribed by regulation of the Board, in particular those related to a quality control program;

(2)  has submitted falsified facts to the Board or misrepresented facts, or has failed to provide the Board with information;

(3)  has not complied with a remedial notice issued under this Act;

(4)  has not complied with an order issued under this Act; or

(5)  has failed to pay a sum of money payable to the Board under this Act or the regulations.

1991, c. 74, s. 56; 2010, c. 28, s. 14; 2019, c. 28, s. 15.

Concerning the inspection of a building or the certificate, See 2019, c. 28, s. 165, par. 1.

128.4. The Board may refuse to recognize a person or body for the purposes of sections 16, 17.4, 33 to 35, 37.4 and 86.12 or to renew such recognition, or may suspend or cancel such recognition, if the person or body

(1)  does not comply with one of the terms or conditions set out in this Act or prescribed by regulation of the Board;

(2)  has submitted falsified facts to the Board or misrepresented facts, or has failed to provide the Board with information;

(3)  has not complied with an order issued under this Act;

(4)  is in a conflict of interest situation; or

(5)  has failed to pay a sum of money payable to the Board under this Act or the regulations.

1991, c. 74, s. 56; 1998, c. 46, s. 31; 2010, c. 28, s. 14; 2019, c. 28, s. 15.

Concerning the inspection of a building or the certificate, See 2019, c. 28, s. 165, par. 1.

128.5. The Board shall, before rendering an unfavourable decision regarding a permit or certificate or the recognition of a person or body, notify the person or body concerned in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the person or body at least 10 days to submit observations.

Decisions of the Board must be rendered in writing and give reasons.

1991, c. 74, s. 56; 1997, c. 43, s. 88; 2010, c. 28, s. 14; 2019, c. 28, s. 15.

Concerning the inspection of a building or the certificate, See 2019, c. 28, s. 165, par. 1.

128.6. (Repealed).

1991, c. 74, s. 56; 1998, c. 46, s. 32.

129. The Board may inquire into any matter relating to this Act.

For such purpose, it shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except for the power to order imprisonment.

This section also applies to a commissioner in the exercise of the functions provided for in section 109.6.

1985, c. 34, s. 129; 1991, c. 74, s. 169; 2018, c. 13, s. 29.

DIVISION II.1 COMMUNICATION OF INFORMATION

1991, c. 74, s. 57.

129.1. For the purposes of this Act and the regulations, the Board may obtain from a body that is subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) any information or document in its possession relating to the carrying out of construction work and to the persons who carry out such work or cause such work to be carried out and the body shall furnish such information or document to the Board in accordance with that Act.

1991, c. 74, s. 57; 1992, c. 44, s. 81; 1993, c. 61, s. 69.

129.1.1. The Board may, according to law, enter into an agreement with a government in Canada or abroad or with a department or body of such government for the carrying out of this Act and the regulations or of an Act for the carrying out of which such government, department or body is responsible.

Such an agreement may permit the exchange of personal information for the prevention, detection or repression of offences under any such Act.

1993, c. 61, s. 69; 2006, c. 22, s. 177.

129.1.2. The Board may also enter into an agreement with a department or body of the Gouvernement du Québec for the carrying out of this Act or of an Act whose carrying out is under the responsibility of that department or body.

2005, c. 22, s. 26.

DIVISION II.2 IMMUNITY AND PROTECTION AGAINST REPRISALS

2018, c. 13, s. 30.

129.2. Any person may communicate to the Board information concerning an act or omission that the person believes constitutes a violation or offence with respect to this Act or the regulations.

The first paragraph applies despite the provisions on the communication of information provided for in the Act respecting the protection of personal information in the private sector (chapter P-39.1) and the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), except those provided for in section 33 of the latter Act. It also applies despite any other communication restrictions under a law and any duty of confidentiality or loyalty that may be binding on the person, including toward his employer or, if applicable, his client.

However, the lifting of professional secrecy authorized under this section does not apply to professional secrecy between a lawyer or a notary and a client.

1991, c. 74, s. 57; 2018, c. 13, s. 30.

129.2.1. Any person who, in good faith, communicates to the Board information referred to in section 129.2 or any other information required or authorized to be communicated under this Act or the regulations does not incur any civil liability for doing so.

2018, c. 13, s. 30.

129.2.2. It is forbidden to take a reprisal against a person on the ground that the person has, in good faith, communicated information referred to in section 129.2.1 or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication.

It is also forbidden to threaten to take a reprisal against a person so that the person will abstain from communicating information to the Board or from cooperating in an inquiry, verification or inspection carried out on the basis of such a communication.

The demotion, suspension, dismissal or transfer of a person having communicated information or any other measure that adversely affects such a person’s employment or conditions of employment is presumed to be a reprisal.

2018, c. 13, s. 30.

129.2.3. The Board shall take the measures necessary to ensure that any information communicated to it, including the identity of the person who communicated it, remains confidential.

Despite sections 9, 83 and 89 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no one may have access to or rectify information communicated to the Board under section 129.2.

2018, c. 13, s. 30.

DIVISION III MANDATE AND DELEGATION OF POWERS

1998, c. 46, s. 33.

§ 1 . — Mandate given by the Government

1998, c. 46, s. 34.

1.  — AGREEMENT

1998, c. 46, s. 34.

129.3. Notwithstanding section 110, the Government may give to the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec, to the extent indicated by the Government, a mandate to supervise the administration of this Act or to see to its application with respect to the vocational qualification of their members and the financial guarantees that may be required from them.

The terms and conditions governing the carrying out of the mandate by the Corporation, the powers and duties conferred on the Corporation and the obligations of the Board under sections 66, 75, 147 and 148 to be assumed by the Corporation shall be determined in an agreement.

The agreement may also set out the terms and conditions governing the exercise by the employees of the mandatary Corporation of the powers and duties entrusted to the Corporation.

1998, c. 46, s. 34; 1999, c. 13, s. 2.

129.4. The agreement shall be published in the Gazette officielle du Québec. It becomes effective on the date of publication or on any later date set out therein.

From that date, the mandatary Corporation shall exercise the powers and duties so entrusted to it and assume the obligations of the Board specified in the mandate.

From the same date and for those purposes, the mandatary Corporation shall be considered to be a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and shall be subject to the provisions of that Act.

1998, c. 46, s. 34.

129.5. Only those officers of the mandatary Corporation, committee members or office holders identified in the agreement may have access to information relating to the solvency of a contractor.

1998, c. 46, s. 34.

129.6. No proceedings may be brought against the mandatary Corporation, its directors, the members of its committees or its personnel for an official act done in good faith in carrying out the mandate given to the Corporation under section 129.3.

1998, c. 46, s. 34.

129.7. The records and other documents of the Board become, to the extent set out in the agreement, the records and other documents of the mandatary Corporation.

1998, c. 46, s. 34.

129.8. A licence issued by the Board remains in force until the date on which it expires or until it is amended, suspended or cancelled by the mandatary Corporation.

1998, c. 46, s. 34; 2005, c. 22, s. 47.

129.9. The provisions of the regulations made by the Board that concern matters forming the subject of the mandate apply until amended or replaced by a regulation made by the mandatary Corporation.

Any regulation made by the Corporation shall be submitted to the Government for approval with or without amendment.

Where the Corporation does not adopt or amend a regulation within a time considered reasonable by the Government, the Government may itself adopt the regulation.

1998, c. 46, s. 34; 2005, c. 22, s. 27.

129.10. Separate accounts shall be kept for the sums collected pursuant to the regulations and the expenses incurred for the purpose of carrying out the mandate.

The sums collected shall be applied exclusively to activities covered by the mandate.

1998, c. 46, s. 34.

129.11. The Minister may at any time, on the conditions and for the term considered expedient by the Minister, designate one or more persons to participate, without voting rights, in meetings of the board of directors and, where applicable, of the executive committee and of any committee of the mandatary Corporation carrying out the mandate entrusted to the mandatary Corporation under section 129.3.

The persons may be chosen by the Minister, in particular from associations representing consumers, from among persons who reside in or frequent buildings and from among owners of buildings.

1998, c. 46, s. 34.

129.11.1. The mandatary Corporation shall contribute to the Administrative Labour Tribunal Fund established by section 97 of the Act to establish the Administrative Labour Tribunal (chapter T-15.1) to cover the expenses incurred by the Tribunal for proceedings brought before it in connection with a ruling made by the Corporation as part of its mandate.

The amount of the contribution from the Corporation and the terms of payment are determined by the Government.

2006, c. 58, s. 54; 2015, c. 15, ss. 123 and 237.

2.  — VERIFICATION AND INQUIRY

1998, c. 46, s. 34.

129.12. The Minister may, generally or specially, designate a person to verify the documents and information transmitted by the mandatary Corporation in accordance with the agreement.

For such purpose, the verifier may, at any reasonable time, enter any place where the verifier has reason to believe operations or activities are carried on by or on behalf of a mandatary Corporation and require any information or document, and examine and make copies of any document.

The person required to provide the information or documents must comply within the allotted time.

1998, c. 46, s. 34.

129.13. No proceedings may be brought against the verifier for any act done in good faith in the exercise of the verifier’s functions.

1998, c. 46, s. 34.

129.14. The verifier shall, on request, identify himself or herself and produce the document signed by the Minister attesting the verifier’s capacity.

1998, c. 46, s. 34.

129.15. No person may hinder the verifier in the exercise of the verifier’s functions.

1998, c. 46, s. 34.

129.16. The Minister may direct a person designated by the Minister to make an inquiry into any matter relating to the administration or operation of a mandatary Corporation or to the conduct of the directors of the Corporation, with respect to the mandate given to the Corporation under section 129.3. The investigator so designated has the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1998, c. 46, s. 34.

3.  — CORRECTIVE ACTION

1998, c. 46, s. 34.

129.17. The Minister may, even before the conclusion of a verification or inquiry under section 129.12 or 129.16,

(1)  order a mandatary Corporation to take the necessary corrective action within a specified time;

(2)  accept a voluntary undertaking by the Corporation to take the appropriate corrective action.

1998, c. 46, s. 34.

4.  — REVOCATION OF THE MANDATE

1998, c. 46, s. 34.

129.18. The Government may at any time revoke a mandate given under section 129.3. The revocation becomes effective on the date fixed by the Government.

The decision of the Government must be communicated forthwith to the Corporation concerned.

1998, c. 46, s. 34.

129.19. From the effective date of the revocation,

(1)  matters before the Corporation that relate to the mandate given under section 129.3 are continued and decided by the Board without other formality;

(2)  proceedings to which the Corporation is a party and that relate to the mandate so given are continued by the Board without continuance of suit;

(3)  a licence issued by the Corporation remains in force until the date on which it expires or until it is amended, suspended or cancelled by the Board;

(4)  any regulations made by the Corporation pursuant to the regulatory powers entrusted under section 129.3 are deemed to be regulations of the Board;

(5)  any regulations made by the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec pursuant to the powers provided for in section 12.0.2 of the Master Electricians Act (chapter M-3) and section 10.2 of the Master Pipe-Mechanics Act (chapter M-4), respectively, cease to have effect; and

(6)  the records and other documents of the Corporation that relate to the mandate given under section 129.3 become, to the extent determined by the Government, the records and other documents of the Board.

1998, c. 46, s. 34; 2005, c. 22, s. 47.

§ 2 . — Delegation of powers by the Board

1998, c. 46, s. 34.

130. The Board may delegate to the president and chief executive officer, another member of the board of directors or a vice-president, in writing and to the extent specified, the functions assigned to it by this Act, except those conferred by sections 109.6, 132, 173 to 179 and 185.

The Board may similarly delegate the exercise of powers and duties covered by the first paragraph to a committee composed of the president and chief executive officer and one or more directors.

The Board may, in addition, delegate in writing and to the extent specified:

(1)  the exercise of the functions assigned to it by this Act, except those conferred by sections 109.6, 130.1, 132, 173 to 179 and 185, to a member of its personnel;

(2)  the exercise of powers conferred by sections 112 to 117 and the first two paragraphs of section 129 to any person it may designate.

The instrument of delegation may authorize the president and chief executive officer to subdelegate, in writing, the powers mentioned in subparagraph 2 of the third paragraph to any person designated under that subparagraph.

1985, c. 34, s. 130; 1991, c. 74, s. 58; 1998, c. 46, s. 35; 2005, c. 22, s. 28; 2010, c. 28, s. 15; 2011, c. 35, s. 27; 2018, c. 13, s. 31.

Not in force

130.1. The Board may enter into a written agreement with a contractors’ association or a group of contractors’ associations to delegate to it, to the extent indicated by the Board, the exercise of the powers and duties of the Board under sections 46, 47, 51, 53 to 55, 57 to 58, 60, 63, 64, 67, 69 and 72, for the purpose of assuring the qualification of the members of that association or of any of the associations in that group. The agreement may not, however, provide for the delegation of the power to rule on the issue or amendment of a licence.

Only those officers of the association or group of associations or office holders identified in the agreement may have access to information relating to the solvency of a contractor.

The agreement may provide for the financing of the expenses incurred by the association or group of associations for the purposes of this Act and allow the association or group of associations to collect and use for such purposes any of the amounts collected under section 151.

In addition, the agreement may determine, from among the powers and obligations referred to in sections 112 to 122, the powers that may be exercised by the association or the group of associations and the obligations to which the association or group of associations is subject, as well as the conditions governing the subdelegation of those powers to its employees and the other terms and conditions governing the exercise of such powers.

1998, c. 46, s. 36; 2005, c. 22, s. 47; 2005, c. 22, s. 29; 2011, c. 35, s. 28.

131. (Repealed).

1985, c. 34, s. 131; 1991, c. 74, s. 59.

132. The Board may enter into a written agreement with a local municipality to delegate to it, within its territory and to the extent specified, its powers and duties pursuant to sections 14 to 19, 21, 22, 24 to 27, 32 to 37.2 and 37.4 to 39, with a view to ensuring the quality of construction work and public safety.

The agreement may make provision for financing the expenses incurred by the municipality in the application of this Act and allow the municipality to collect and apply for this purpose sums covered by paragraphs 4, 6 and 7 of section 151.

The agreement may also provide, from among the powers and obligations contemplated in sections 112 to 118, 122 to 128, 129.1 and 129.2, which powers may be exercised by the local municipality and to which obligations the municipality is subject, the conditions of subdelegation of those powers to employees of the municipality and the other terms and conditions of exercise of those powers.

1985, c. 34, s. 132; 1991, c. 74, s. 168; 1991, c. 74, s. 60; 1998, c. 46, s. 37.

133. The delegated municipality may, with the consent of the Board, enter into a written agreement with another municipality, metropolitan community or intermunicipal board.

Every regional county municipality, metropolitan community or intermunicipal board entering into an agreement in accordance with this section is deemed a local municipality for the purposes of the application of this Act.

1985, c. 34, s. 133; 1990, c. 85, s. 122; 1991, c. 74, s. 168; 1999, c. 40, s. 37; 2000, c. 56, s. 218.

134. A local municipality may enter into a written agreement under this division with the Board.

The municipality that has entered into an agreement with the Board may require, by by-law, that persons wishing to obtain a permit or certificate of occupancy for a building pay the charges resulting from the application of this Act.

The Government may, by regulation, set the maximum fees that may be demanded under the second paragraph.

1985, c. 34, s. 134; 1991, c. 74, s. 168.

135. The terms and conditions of delegation to a municipality shall be set forth in the agreement.

1985, c. 34, s. 135; 1991, c. 74, s. 61.

136. The agreement requires approval by the Minister and comes into force on the tenth day following publication in the Gazette officielle du Québec of a notice to that effect or on any later date fixed therein.

1985, c. 34, s. 136.

137. This division does not affect the powers conferred on a municipality under another Act in respect of buildings unfit for habitation or occupancy and in respect of buildings or works representing a danger for the safety of persons owing to a lack of solidity nor prior claims or legal hypothecs established in favour of the municipality to guarantee the recovery of the cost of any work done by it on the buildings or works.

1985, c. 34, s. 137; 1995, c. 33, s. 17.

138. A local municipality may, so far as may be determined in the agreement, codify measures different from those provided in a code or regulation adopted under this Act and that may be authorized by it in accordance with section 128.

The agent of the municipality exercising the power prescribed in section 128 shall send an annual report to the municipal council specifying the buildings for which an authorization was granted.

1985, c. 34, s. 138.

139. The Board may check the exercise of delegated responsibility or entrust the checking to any person or agency.

1985, c. 34, s. 139; 1991, c. 74, s. 168.

DIVISION IV DOCUMENTS, ACCOUNTS AND REPORTS

140. (Repealed).

1985, c. 34, s. 140; 1991, c. 74, s. 169; 1992, c. 57, s. 442.

140.1. The minutes of the meetings of the board of directors, approved by the board of directors and certified by the chair, the vice-chair, the president and chief executive officer, the secretary or another person authorized to do so by the Board, are authentic.

2005, c. 22, s. 30.

141. No deed, document or writing shall bind the Board nor be attributed to it unless signed by the chair of the board of directors, the president and chief executive officer, a vice-president, a commissioner, the secretary or a staff member and, if by a staff member, only to such extent as the Board may by regulation determine.

A member of the personnel of a government department or body is considered a member of the personnel of the Board for the purposes of the first paragraph, insofar as the member is assigned to an administrative activity the Board has delegated by agreement to that government department or body.

1985, c. 34, s. 141; 1991, c. 74, s. 62, s. 169; 2005, c. 22, s. 31; 2007, c. 3, s. 51; 2011, c. 35, s. 29.

142. The Board may, by regulation and subject to specified conditions, allow a signature to be affixed by means of an automatic device, an electronic signature to be affixed, or a facsimile of a signature to be engraved, lithographed or printed on specified documents. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized to do so by the president and chief executive officer.

1985, c. 34, s. 142; 1991, c. 74, s. 169; 2005, c. 22, s. 32.

143. A document or copy thereof issued by the Board or kept in its records, if signed or certified true by a person covered by section 141, proves itself.

1985, c. 34, s. 143; 1991, c. 74, s. 169.

143.1. The Board may authorize a person who transmits a notice, report, declaration, estimation or any other document to the Board, a manager referred to in section 81 or a person referred to in section 135, to transmit such document in computerized form or by a telecommunications link, on the conditions it determines by regulation according to the categories of documents indicated in the regulation.

1996, c. 74, s. 6.

143.2. An intelligible written transcript of the data stored by the Board, the manager referred to in section 81 or the person referred to in section 135 in computerized form forms part of its or his documents and is proof of its content where it has been certified true by a person referred to in section 141 or by a person designated by the manager or the person, as the case may be.

In the case of data communicated to the Board, to a manager or to a person under section 143.1, the transcript must reproduce such data exactly.

1996, c. 74, s. 6.

144. No member of the board of directors except the president and chief executive officer may have access to information relating to the solvency of a contractor or owner-builder.

1985, c. 34, s. 144; 1991, c. 74, s. 63; 2005, c. 22, s. 33.

145. Neither the Board, nor a board member, a vice-president, a staff member or any person delegated under section 132 may be sued for an official act done in good faith in the performance of duty.

The same applies for a local municipality, a regional county municipality, an intermunicipal board and their employees as regards the enforcement, in respect of buildings, installations or facilities referred to in section 2 that are subject to the municipal by-laws, of a standard identical to a standard of the Safety Code (chapter B-1.1, r. 3).

1985, c. 34, s. 145; 1991, c. 74, s. 64, s. 169; 2005, c. 22, s. 34; 2010, c. 28, s. 16; 2011, c. 35, s. 30; 2018, c. 13, s. 32.

146. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) shall lie, nor may injunction be granted, against the Board in its official capacity.

A judge of the Court of Appeal may, on an application, summarily quash any decision, order or injunction made or granted contrary to the first paragraph.

1985, c. 34, s. 146; 1991, c. 74, s. 169; 2014, c. 1, s. 781; I.N. 2016-01-01 (NCCP).

147. The Board shall submit to the Minister, by 31 July of each year, its financial statements and those of the compensation fund together with a report on its activities for the past fiscal year. The financial statements and report must contain all the particulars required by the Minister.

The Minister shall table the report and financial statements in the National Assembly within 30 days of their receipt, if it is sitting, or within 30 days of the resumption of a session or the opening of a new session, if it is not sitting.

1985, c. 34, s. 147; 1991, c. 74, s. 65, s. 169; 2005, c. 22, s. 35.

148. The Board shall also provide the Minister with all particulars he requires concerning its activities.

1985, c. 34, s. 148; 1991, c. 74, s. 169.

149. The Auditor General shall audit the books and accounts of the Board annually and whenever the Government so orders; but the Government may designate another auditor.

The report of the Auditor General or of the auditor designated by the Government must be submitted with the Board’s activities report and financial statements and the financial statements of the Board’s compensation fund.

1985, c. 34, s. 149; 1991, c. 74, s. 66, s. 169; 2005, c. 22, s. 36.

149.1. (Repealed).

2005, c. 22, s. 37; 2020, c. 5, s. 108.

DIVISION V FINANCE

150. The Board shall finance its activities out of the revenue it collects.

1985, c. 34, s. 150; 1991, c. 74, s. 67; 2005, c. 22, s. 38.

151. The Board shall collect, in particular, the following amounts:

(1)  fees for issuing, amending or maintaining a licence;

(2)  registration fees, examination or evaluation fees relating to the issue or amendment of a licence and licence maintenance fees;

(3)  amounts demanded from each contractor or person holding a permit issued under section 37.1 as part of a levy based on a fixed amount determined by regulation of the Board or on an amount fixed by regulation on the basis of an indicator of the importance of the activities or performance of the contractor or permit holder or on the basis of two or all three of them;

(4)  amounts demanded from each owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, on the basis of a fixed levy as the Board may by regulation determine, or of an amount fixed by regulation of the Board and based on the area, volume, the number of floors, capacity or use of a building, facility intended for use by the public installation independent of a building or petroleum equipment installation, or on the basis of both;

(5)  amounts demanded from each owner or operator of a gas or petroleum product distribution undertaking on the basis of a levy based on an amount fixed by regulation of the Board and determined by regulation of the Board, or on an amount based on the volume of gas or petroleum products sold, or on the basis of both;

(6)  fees charged by the Board for approval, authorization, revision, inspection, training, consultation, issue of certificates of conformity, accreditation of persons recognized by the Board and verifications;

(7)  fees for issuing, amending or renewing a permit or certificate, and the related registration, examination or evaluation fees.

1985, c. 34, s. 151; 1991, c. 74, s. 68, s. 169; 2005, c. 10, s. 57; 2005, c. 22, s. 39; 2019, c. 28, s. 16.

Concerning the inspection of a building or the certificate, See 2019, c. 28, s. 165, par. 1.

152. Sums collected and amounts recovered by the Board under this Act are part of its assets.

1985, c. 34, s. 152; 1991, c. 74, s. 69; 2005, c. 22, s. 40.

152.1. The Board shall contribute to the Administrative Labour Tribunal Fund established by section 97 of the Act to establish the Administrative Labour Tribunal (chapter T-15.1) to cover the expenses incurred by the Tribunal for proceedings brought before it under this Act, except those referred to in section 129.11.1.

The amount of the contribution from the Board and the terms of payment are determined by the Government.

2006, c. 58, s. 55; 2015, c. 15, ss. 124 and 237.

153. The Board shall annually fix the levy on contractors, on owners of buildings, facilities intended for use by the public, installations independent of buildings or petroleum equipment installations, on manufacturers of pressure installations and on owners or operators of gas or petroleum product distribution undertakings, according to the method of financing it has chosen.

The rate of the levy shall thereafter be indexed annually according to the percentage increase in the average Consumer Price Index for Canada published by Statistics Canada under the Statistics Act (R.S.C. 1985, c. S-19), for the 12 months of the preceding year in relation to the 12 months of the year preceding that year.

Where an annual average or the percentage calculated under the second paragraph, or the indexed rate of levy, includes more than two decimals, the first two decimals alone shall be retained and the second shall be increased by one unit if the third is equal to or greater than 5.

The first paragraph does not apply if an annual rate of levy is equal to the indexed rate of levy pursuant to the second paragraph.

The second and third paragraphs shall apply to any duties and fees payable under this Act.

The Board shall publish in the Gazette officielle du Québec the results of any indexation carried out under this section.

1985, c. 34, s. 153; 1991, c. 74, s. 70, s. 169; 1998, c. 46, s. 40; 2005, c. 10, s. 58; 2019, c. 28, s. 17.

154. (Repealed).

1985, c. 34, s. 154; 1988, c. 64, s. 587; 1991, c. 74, s. 71.

155. For the purposes of this Act and the regulations, the Board shall apply the interest rate fixed pursuant to the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002), as of the due date of the claim.

For the purposes of computation of the interest, part of a month is deemed a full month.

The interest shall be capitalized monthly.

1985, c. 34, s. 155; 1991, c. 74, s. 169; 1999, c. 40, s. 37; 2010, c. 31, s. 175; 2019, c. 28, s. 18.

155.1. The Board may not, without the Government’s authorization,

(1)  contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government;

(2)  make a financial commitment in excess of the limits or contrary to the conditions determined by the Government;

(3)  acquire or dispose of assets in excess of the limits or contrary to the conditions determined by the Government.

2005, c. 22, s. 41.

155.2. The Government may, on the terms and conditions it determines,

(1)  guarantee the payment, in principal and interest, of any loan contracted by the Board and any of its obligations;

(2)  authorize the Minister of Finance to advance any amount to the Board that is considered necessary for the performance of its obligations or the pursuit of its mission.

The sums required for the purposes of this section are taken out of the Consolidated Revenue Fund.

2005, c. 22, s. 41.

156. (Repealed).

1985, c. 34, s. 156; 1991, c. 74, s. 71.

157. (Repealed).

1985, c. 34, s. 157; 1991, c. 74, s. 71.

158. (Repealed).

1985, c. 34, s. 158; 1991, c. 74, s. 71.

159. The Board’s fiscal year ends on 31 March.

1985, c. 34, s. 159; 1991, c. 74, s. 169.

CHAPTER VII REVIEW AND PROCEEDING

1997, c. 43, s. 89; 1998, c. 46, s. 41.

DIVISION I REVIEW

160. Any interested person may apply for review of a ruling of the Board, of a mandatary Corporation referred to in section 129.3 or of a municipality referred to in section 132, where such ruling, in respect of which no proceeding has been brought before the Administrative Labour Tribunal,

(1)  was delivered under sections 84, 86.11, 123, 124, 124.1, 127, 128, 128.3 or 128.4;

(2)  involves the issue, amendment, suspension or cancellation of a licence.

1985, c. 34, s. 160; 1991, c. 74, s. 72; 1996, c. 74, s. 7; 1997, c. 43, s. 90; 1998, c. 46, s. 42; 2001, c. 26, s. 75; 2006, c. 58, s. 82; 2005, c. 22, s. 42; 2011, c. 35, s. 31; 2015, c. 15, s. 237; 2019, c. 28, s. 19.

Concerning the inspection of a building or the certificate, See 2019, c. 28, s. 165, par. 1.

161. An application for review of a ruling must be submitted to the Board, the Corporation or the municipality within 30 days of its date.

1985, c. 34, s. 161; 1991, c. 74, s. 169; 1998, c. 46, s. 43.

162. The Board, the Corporation or the municipality shall, before deciding on the review, allow the interested party an opportunity to present observations.

1985, c. 34, s. 162; 1991, c. 74, s. 169; 1997, c. 43, s. 91; 1998, c. 46, s. 44.

163. The person who made the ruling under review may not himself review the ruling except in the case of the board of directors of the Board, a Corporation or the council of a municipality.

1985, c. 34, s. 163; 1991, c. 74, s. 169; 1998, c. 46, s. 45.

164. The Board, the Corporation or the municipality may affirm, reverse or vary the ruling under review.

1985, c. 34, s. 164; 1991, c. 74, s. 169; 1998, c. 46, s. 46.

DIVISION II PROCEEDING

1997, c. 43, s. 92; 1998, c. 46, s. 47.

§ 1 . —

Heading repealed, 2001, c. 26, s. 76.

1998, c. 46, s. 48; 2001, c. 26, s. 76.

164.1. Any interested person may contest before the Administrative Labour Tribunal

(1)  a ruling of the Board or of a mandatary Corporation referred to in section 129.3 where such ruling pertains to the issue, amendment, suspension or cancellation of a licence; and

(2)  a ruling of the Board or of a municipality referred to in section 132 made under section 84, 86.11, 123, 124, 124.1, 127, 128, 128.3 or 128.4.

During such a proceeding, the Tribunal may decide any matter relating to the application of this Act.

1998, c. 46, s. 48; 2001, c. 26, s. 77; 2005, c. 22, s. 47; 2007, c. 3, s. 72; 2006, c. 58, s. 56; 2005, c. 22, s. 43; 2011, c. 35, s. 32; 2015, c. 15, s. 237; 2019, c. 28, s. 20.

Concerning the inspection of a building or the certificate, See 2019, c. 28, s. 165, par. 1.

164.2. The proceeding shall be brought by a motion served on the Board, the Corporation or the municipality.

The motion shall be filed with the Administrative Labour Tribunal within 30 days following receipt by the applicant of the initial ruling or, as the case may be, of the ruling under review of the Board, the Corporation or the municipality.

1998, c. 46, s. 48; 2001, c. 26, s. 78; 2006, c. 58, s. 57; 2015, c. 15, s. 237.

164.3. Upon service of the motion, the Board, the Corporation or the municipality shall send the file relating to the contested ruling to the Administrative Labour Tribunal.

1998, c. 46, s. 48; 2001, c. 26, s. 79; 2006, c. 58, s. 57; 2015, c. 15, s. 237.

164.4. The Administrative Labour Tribunal shall deliver a ruling on the file sent by the Board, the Corporation or the municipality after giving the parties the opportunity to be heard.

A proceeding to contest a ruling of the Board under section 124.1 is heard and decided by preference. Despite the first paragraph, the Administrative Labour Tribunal may allow the production of new evidence at such a proceeding.

1998, c. 46, s. 48; 2001, c. 26, s. 80; 2006, c. 58, s. 58; 2015, c. 15, s. 237; 2019, c. 28, s. 21.

164.5. The proceedings shall not stay enforcement of the ruling of the Board, the Corporation or the municipality.

The Administrative Labour Tribunal may, however, on a motion, rule otherwise by reason of urgency or of the risk of serious and irreparable harm.

1998, c. 46, s. 48; 2001, c. 26, s. 81; 2006, c. 58, s. 58; 2015, c. 15, s. 237.

§ 2 . —

Repealed, 2001, c. 26, s. 82.

1998, c. 46, s. 48; 2001, c. 26, s. 82.

165. (Repealed).

1985, c. 34, s. 165; 1988, c. 21, s. 66; 1991, c. 74, s. 73, s. 169; 1996, c. 74, s. 8; 1997, c. 43, s. 93; 1998, c. 46, s. 49; 2001, c. 26, s. 82.

166. (Repealed).

1985, c. 34, s. 166; 1988, c. 21, s. 66; 1991, c. 74, s. 74, s. 169; 1997, c. 43, s. 94; 2001, c. 26, s. 82.

167. (Repealed).

1985, c. 34, s. 167; 1988, c. 21, s. 66; 1991, c. 74, s. 75, s. 169; 1997, c. 43, s. 95; 2001, c. 26, s. 82.

168. (Repealed).

1985, c. 34, s. 168; 1991, c. 74, s. 76.

169. (Repealed).

1985, c. 34, s. 169; 1991, c. 74, s. 77; 2001, c. 26, s. 82.

170. (Repealed).

1985, c. 34, s. 170; 1991, c. 74, s. 169; 1997, c. 43, s. 96; 1998, c. 46, s. 50; 1991, c. 74, s. 78; 1998, c. 46, s. 125; 2001, c. 26, s. 82.

171. (Repealed).

1985, c. 34, s. 171; 1988, c. 21, s. 66; 1991, c. 74, s. 79; 2001, c. 26, s. 82.

172. (Repealed).

1985, c. 34, s. 172; 1988, c. 21, s. 66, s. 68; 1991, c. 74, s. 79; 1997, c. 43, s. 97; 2001, c. 26, s. 82.

CHAPTER VIII REGULATIONS

DIVISION I CODES

173. The Board shall by regulation adopt a building code.

The code shall contain building standards for buildings, facilities intended for use by the public, installations independent of a building and petroleum equipment installations or their vicinity.

The code may contain, in particular, building standards regarding the following matters:

(1)  the design and procedures for the construction of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations;

(2)  fire and accident prevention and protection;

(3)  the safety and strength of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations;

(4)  the hygiene of buildings;

(5)  ease of access to buildings and facilities intended for use by the public;

(6)  the energy efficiency of buildings;

(7)  materials, appliances or equipment to be used or prohibited in buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations;

(8)  the quality, assembly, erection, inspection, certification, approval, quantity, site and tests of materials, facilities, apparatus and installations;

(9)  the transportation by pipeline and the storage, handling, transfer and distribution of gas or petroleum products;

(10)  (subparagraph repealed).

The standards may include measures advocated by the Government to promote energy efficiency in buildings, facilities intended for use by the public, installations independent of a building and petroleum equipment installations.

1985, c. 34, s. 173; 1991, c. 74, s. 80; 2005, c. 10, s. 59; 2010, c. 28, s. 17; 2019, c. 28, s. 22.

174. The Construction Code (chapter B-1.1, r. 2) may specify the cases in which a contractor, an architect or an engineer may depart from the standards regarding the energy efficiency of a building where a natural person wishing to build a single-family dwelling requests different specifications in writing.

1985, c. 34, s. 174; 2019, c. 28, s. 23.

175. The Board shall by regulation adopt a safety code.

The code shall contain safety standards for buildings, facilities intended for use by the public, installations independent of a building and petroleum equipment installations and their vicinity, and standards for their maintenance, use, state of repair, operation and hygiene.

The code may contain standards regarding the following matters in particular:

(1)  fire and accident prevention and protection;

(2)  the maximum number of persons that may be admitted to a building or to a facility intended for use by the public;

(3)  the supervision measures required and the qualifications of the persons who are to carry them out;

(4)  materials, apparatus and equipment to be used or prohibited in buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations;

(5)  the assembly, erection, inspection, certification, approval, quantity, site and tests of materials, facilities, apparatus and installations;

(6)  the use, display and storage of substances involving safety hazards;

(7)  the transportation by pipeline and the storage, handling, transfer and distribution of gas or petroleum products.

1985, c. 34, s. 175; 1991, c. 74, s. 81; 2005, c. 10, s. 60; 2019, c. 28, s. 24.

176. The codes may require manufacturers to provide instructions regarding the assembly, erection, maintenance and inspection of materials, facilities and installations.

1985, c. 34, s. 176.

176.1. A code may, with respect to the matters to which it applies, contain provisions concerning the subjects listed in section 185.

1998, c. 46, s. 51.

177. (Repealed).

1985, c. 34, s. 177; 1991, c. 74, s. 82.

178. The codes may require observance of a technical standard drawn up by another government or by an agency empowered to draw up such standards.

They may also provide that any reference they make to other standards include subsequent amendments.

1985, c. 34, s. 178; 1991, c. 74, s. 83.

179. The Board may determine the provisions of a code of which the infringement shall constitute an offence under paragraph 7 of section 194.

1985, c. 34, s. 179; 1991, c. 74, s. 84.

180. (Repealed).

1985, c. 34, s. 180; 1991, c. 74, s. 85.

181. (Repealed).

1985, c. 34, s. 181; 1991, c. 74, s. 85.

DIVISION II REGULATIONS

§ 1 . — Government Regulations

182. The Government may, by regulation,

(1)  (subparagraph repealed);

(2)  exempt from the total or partial application of this Act all or part of the territory of Québec described in the agreements referred to in section 4, with the exception of municipal territories located south of the 50th parallel;

(3)  determine the extent to which the Government, its departments and agencies that are mandataries of the State are bound by this Act;

(4)  (subparagraph repealed);

(5)  (subparagraph repealed);

(6)  determine the maximum fees payable by a person wishing to obtain a permit or certificate of occupancy of an immovable under section 134;

(6.1)  determine a procedure for the apportionment, between the Board and the mandatary Corporation referred to in section 129.3, of the dues and fees payable by a contractor that is required to transmit to the mandatary Corporation an application for the issue or amendment of a licence, for an examination or any other means of evaluation and for the review of a ruling that pertains to the issue, amendment, suspension or cancellation of a licence and of licence maintenance fees;

(6.2)  determine the administrative and financial procedures applicable to the Board and to the mandatary Corporation for the management, administration, transfer and updating of the records of a contractor holding licences;

(7)  adopt, generally, any other related or suppletory provision it judges necessary to give effect to the provisions of this section and of this Act;

(8)  prescribe, with regard to certain categories of persons and contractors, adjustments to the provisions of this Act and the regulations, including regulations adopted by the Board, to give effect to an intergovernmental agreement in respect of the mobility of building contractors or the recognition of their qualifications, skills or work experience, as well as special management rules;

(9)  take any necessary measures to carry out Division I.1 of Chapter I, such as providing for any modifications to be applied to an existing Act or statutory instrument to take the existence of an agreement into account.

A regulation under subparagraph 8 of the first paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

1985, c. 34, s. 182; 1991, c. 74, s. 86; 1996, c. 2, s. 86; 1996, c. 74, s. 9; 1998, c. 46, s. 52; 1999, c. 13, s. 3; 1999, c. 40, s. 37; 2005, c. 22, s. 47; 2005, c. 10, s. 61; 2005, c. 22, s. 44; 2010, c. 28, s. 18; 2014, c. 18, s. 3.

183. (Replaced).

1985, c. 34, s. 183; 1991, c. 74, s. 86.

184. (Replaced).

1985, c. 34, s. 184; 1991, c. 74, s. 86.

§ 2 . — Regulations of the Board

1991, c. 74, s. 169.

185. The Board may, by regulation:

(0.1)  exempt from the application of this Act or certain of its provisions categories of persons, contractors, owner-builders, manufacturers of pressure installations, or owners of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations, and categories of buildings, pressure installations, facilities, installations or construction work;

(0.1.1)  determine the cases in which a public body or a category of public bodies may act as a contractor, and the terms and conditions to be complied with;

(0.2)  for the purposes of section 10, designate any facility as a facility intended for use by the public and establish criteria for determining whether or not a facility is intended for use by the public;

(0.3)  exclude a category of buildings from the application of Chapter III;

(0.4)  determine standards for the energy efficiency of buildings;

(1)  determine the cases in which, by reason of problems related to performance in the carrying out of construction work, the particular, complex or exceptional nature of the construction work carried out or its impact on safety, the contractor or the owner-builder must furnish a certificate of conformity with the Construction Code (chapter B-1.1, r. 2) to the Board, and the form and content of such a certificate;

(2)  (subparagraph replaced);

(2.1)  determine the conditions for recognizing a person or body for the purposes of sections 16, 17.4, 33 to 35, 37.4 and 86.12, the terms and conditions a recognized person or body must comply with and all the duties they may perform;

(2.1.1)  prescribe in what cases and on what terms and conditions the members of a professional order are, by virtue of their status, recognized to exercise the functions of a recognized person for the purposes of sections 16, 17.4, 33 to 35 and 37.4;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building, and the persons, bodies or agencies empowered to approve or certify such buildings;

(2.3)  (subparagraph repealed);

(3)  determine the cases in which construction work must be reported to the Board, the time, form and manner according to which the report must be forwarded by the persons referred to in sections 22 and 37.2 and the conditions that they must fulfill;

(4)  (subparagraph repealed);

(5)  determine the cases in which the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation must furnish a certificate of conformity with the Safety Code (chapter B-1.1, r. 3), and the form and content of such a certificate;

(5.0.1)  determine the cases in which the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation who has implemented a quality control program may be exempted from furnishing a certificate of conformity, and, if warranted, determine conditions for the approval of such a program by the Board or a person or body recognized by the Board;

(5.1)  establish the conditions and the manner according to which a permit referred to in sections 35.2 and 37.1 is issued, amended or renewed, its period of validity and, if warranted, the cases in which obtaining such a permit is tied to the implementation of a quality control program, and the conditions and procedure for the approval of such a program by the Board or a person or body recognized by the Board;

(5.2)  fix the fees payable for the issue, amendment or renewal of a permit by a person referred to in sections 35.2 and 37.1 and the related registration, examination or evaluation fees;

(5.3)  adopt standards of design, manufacture, installation, repair, modification and use of a pressure installation;

(5.4)  adopt standards of approval, registration and suitability of a method of welding a pressure installation, including the qualifications required of a person carrying out welding work on such an installation;

(5.5)  determine the cases and the manner in which the conformity of a pressure installation is to be evaluated at the different stages of its design, manufacture, installation, repair, modification, operation or use and at the time of its marketing and commissioning, as well as the notices, information or documents to be sent or recorded in a register, the inspections or verifications to be carried out, the authorizations to be obtained and the statements, declarations, approvals or certificates of conformity required, and designate persons or bodies to carry out such an evaluation of conformity or to issue any approval or certificate required under sections 37 to 37.4;

(6)  (subparagraph repealed);

(6.1)  prescribe safety standards for the use of a container that contains gas or a petroleum product and is mounted on a vehicle that are applicable when the vehicle is stationary, and safety standards for the transfer, storage and distribution of the gas or petroleum product contained in the container;

(6.2)  prohibit the sale, lease or exhibiting of materials or accessories which are not certified or approved for purposes of use in construction work on buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations by a recognized person or body the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from or to supply an electrical installation, used in a plumbing installation or petroleum equipment installation or intended to use gas, where the apparatus is not certified or approved by a recognized person or body the Board designates;

(6.4)  determine the cases in which and the place where a permit referred to in sections 35.2 and 37.1 must be posted;

(7)  determine the cases in which a contractor or owner-builder must obtain plans and specifications before construction work begins or final plans and specifications when the work is completed, in accordance with section 17.4, and the other obligations, terms and conditions relating to those plans and specifications, in particular to their form, content, conservation and delivery;

(8)  determine the information to be provided by a licence holder to enable the Board to verify if the holder still meets the requirements for obtaining a licence under this Act;

(9)  determine subjects for examination, particularly those concerning administrative or technical knowledge or relating to the safety of construction sites, and determine the criteria for admission to and exemption from an examination;

(9.1)  determine the continuing education requirements, or the framework for continuing education requirements, with which all or certain guarantors must comply, in accordance with the conditions set by resolution of the Board; the regulation must include the procedure for monitoring, supervising or evaluating compliance with the requirements, penalties for a failure to comply and, if applicable, any exemptions from the requirements;

(9.2)  prescribe that documents required under this Act or a regulation must be sent or received using the medium, technology or method of transmission specified in the regulation;

(9.3)  determine the cases in which it will charge fees for recognizing training or a training program provided by a third person;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or who wishes to qualify as a guarantor for a partnership or legal person must possess, as well as any other conditions that he must fulfill and any particulars that he must provide;

(11)  determine the conditions and criteria of solvability and any other qualifications that a partnership or person applying for the issue of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide;

(11.1)  determine the nature, coverage and other terms of liability insurance a natural person, partnership or legal person applying for a licence must hold;

(11.2)  require each natural person who wishes to qualify as a guarantor for the same licence to sign the licence application;

(12)  determine the cases where a person other than an officer may be a guarantor;

(13)  permit a natural person to be a guarantor for more than one licence;

(14)  permit a natural person to hold a licence while applying for a licence on behalf of a partnership or legal person;

(15)  determine the cases where a partnership or person may hold more than one licence;

(16)  determine the terms and conditions and set the fees payable for the issue, amendment or maintenance of a licence, and determine in what cases and at what intervals it will charge such fees;

(16.1)  determine, for the purposes of section 65.2.1, the oversight and monitoring measures applicable to the holder of a restricted licence and determine the cases, conditions, period and manner—including the sanctions for non-compliance—in which these measures apply to such a licence holder, who must in all cases assume the expenses;

(17)  determine classes and subclasses of licences and the fees payable for each class or subclass, and determine in what cases and at what intervals it will charge such fees;

(17.1)  determine the other documents on which the licence number of a contractor and the words “holder of a licence issued under the Building Act” are required to appear;

(18)  determine in what cases it will charge registration fees, examination or evaluation fees for the issue or amendment of a licence or licence maintenance fees, and set the fees;

(18.1)  (subparagraph repealed);

(19)  limit the classes or subclasses of construction work that an owner-builder may carry out or cause to be carried out on an electrical installation, installation intended to use gas, petroleum equipment installation or plumbing installation;

(19.1)  (subparagraph repealed);

(19.2)  (subparagraph repealed);

(19.3)  oblige any contractor to join a guaranty plan concerning a new residential building of a category determined by the Board or concerning renovation, repair, maintenance or alteration work on a building, on a civil engineering structure, on facilities or on installations;

(19.4)  determine the cases, terms and conditions applicable to the guaranty offered under a plan, and in particular

(a)  the legal and contractual obligations of the contractor, including any exceptions to the Construction Code which may be subject to compensation;

(b)  the amount of deductible for each claim;

(c)  the minimum amount of compensation according to the nature of the construction work;

(19.5)  determine the qualifications required of a person referred to in section 81 or section 82, the conditions he must fulfill and the information he must supply, and in particular

(0.a)  prescribe the governance rules applicable to a non-profit legal person designated by the Board to act as manager, including rules as to the composition of its board of directors and as to the content of its internal by-laws, which by-laws must be approved by the Board;

(a)  fix the standards of solvency the person must meet;

(b)  demand security from that person, prescribe its amount and form and prescribe the terms and conditions applicable to the collection, payment and use of such a security;

(c)  determine the amount of the reserves the person must maintain to guarantee the obligations arising from the guaranty plan;

(c.1)  determine the amount that the person must pay into the guaranty fund;

(d)  determine the financial statements the person must file with the Board and prescribe their form and content;

(e)  determine the investments the person is authorized to make;

(f)  (subparagraph repealed);

(g)  determine the measures to be taken by the person to ensure the confidential nature of information furnished by a contractor;

(h)  prescribe the information which the person is required to furnish to the Board;

(19.5.1)  determine how the guaranty fund is to be managed, and in particular

(a)  prescribe the amount and form of required contributions and prescribe how and when they are to be collected and paid as well as how they are to be administered and used;

(b)  determine the target amount to be accumulated in the fund;

(19.5.2)  prescribe the financial penalties that the Board may impose if its intervention is necessary owing to a guaranty plan manager’s failure to comply with the Act or the regulation or with the policies established by the Board;

(19.6)  establish the standards and criteria which apply to guaranty plans and guaranty contracts, and in particular

(a)  the terms and conditions according to which a contractor may join a guaranty plan;

(b)  the cost payable by a contractor to provide coverage to a person under the plan;

(c)  the standards of disclosure of information relating to the guaranty plan;

(d)  the arbitration procedure allowing a person to contest a decision of the manager concerning a claim and allowing a contractor to contest a decision of the manager refusing or cancelling his participation in the plan;

(e)  the form, minimum content and manner of delivering a guaranty contract;

(19.7)  determine the cases in which it shall require security from a contractor for the purposes of section 84, and determine the terms and conditions applicable to, the amount and form of, and the manner of disposing of the security;

Not in force

(19.8)  determine the cases in which a natural person is required to obtain a certificate referred to in section 86.8 to act as a building inspector, and the terms and conditions the holder of the certificate must comply with, including the rules regarding continuing education and technical standards;

Not in force

(19.9)  determine the terms and conditions for the issue, amendment or renewal of a certificate referred to in section 86.8, its period of validity, the fees payable for its issue, amendment or renewal, and the related registration, examination or evaluation fees, and determine in what cases and at what intervals it will charge such fees;

(19.9.1)  determine the cases in which a person who acquires a building is required to have it inspected prior to purchase by a building inspector who holds a certificate referred to in section 86.8, as well as the terms and conditions of that requirement;

Not in force

(19.10)  establish a public register of the main problems observed by certified building inspectors in the performance of their duties and determine its form and content and the other terms applicable to it;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of recognized persons or bodies, and verifications, and fix such fees;

(21)  determine an indicator of the importance of the activities or performance of a contractor or holder of a licence issued under section 37.1 which may be used as a basis for a levy, establish a fixed amount or an amount based on that indicator or both or all three, and determine the minimum and maximum of that indicator for a contractor or licence holder to be subject to the levy;

(22)  set, for the determining of the levy payable by each owner or operator of a gas or petroleum product distribution undertaking, a fixed amount or an amount in relation to the volume of gas or petroleum products sold or both together, and determine the period for which the levy is payable by each owner or operator, define what constitutes the volume of gas or petroleum products sold and determine the maximum thereof;

(23)  set, for the determining of the levy payable by each owner, a fixed amount or an amount depending on the area, volume, number of floors, capacity, use or real estate assessment of the building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, or both together, as well as determine the period for which the levy is to be payable by each owner, and to define what constitutes the area, the number of floors, the capacity or the volume of the building, facility or installation, determine the maximum thereof and determine such amount in relation to their use;

(24)  prescribe, for the purposes of subparagraphs 21 and 22, the form and content of the report to be forwarded by a contractor, a person holding a permit issued under section 37.1 or the owner or operator of a gas or petroleum product distribution undertaking, as well as the time limit within which it must be forwarded;

(25)  prescribe, for the purposes of subparagraph 23, the form and content of the report to be forwarded by the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, as well as the time limit within which it must be forwarded;

(26)  prescribe the time limit within which a contractor or person holding a permit issued under section 37.1 is required to transmit to the Board an estimate of the indicator of importance of the activities or performance used as the basis for a levy for each period it determines;

(27)  set a time limit within which an owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation shall forward to it, for each such construction, an estimate of the area, volume, number of floors, capacity or use of each, as well as the time limit within which the owner shall inform it of any material alteration of the building, facility or installation;

(28)  set a time limit within which the owner or operator of a gas or petroleum product distribution undertaking shall forward to it an estimate of the volume of gas or petroleum products sold for each period it may determine;

(29)  prescribe the form and content of the annual statement that a contractor, a person holding a permit issued under section 37.1 or the owner or operator of a gas or petroleum product distribution undertaking must forward to it;

(30)  prescribe the form and content of the annual statement that the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation must forward to it;

(31)  prescribe the form, content and manner of forwarding of the register of activities used as a basis for a levy that each contractor or person holding a permit issued under section 37.1 must place at its disposal;

(32)  prescribe the form, content, terms and conditions for forwarding the gas or petroleum product sales register that each owner or operator of a gas or petroleum product distribution undertaking must place at its disposal;

(33)  prescribe the form, content and manner of forwarding of the register of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations that each owner must place at its disposal;

(34)  determine the cases where it may enter into an agreement with a contractor, a person holding a permit issued under section 37.1 or the owner or operator of a gas or petroleum product distribution undertaking in order to assess him more than once annually and set, for that purpose, any special conditions for the forwarding of the report under subparagraph 24 and the payment of the levy under paragraph 3 or 5 of section 151;

(35)  determine the cases where it may enter into an agreement with an owner in order to assess him more than once annually and set, for that purpose, subparagraph 25 and the payment of the levy under any special conditions for the forwarding of the reports under paragraph 4 of section 151;

(36)  set the time limit and the manner of payment of the levy payable by each contractor, each person holding a permit issued under section 37.1, each owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation and each owner or operator of a gas or petroleum product distribution undertaking;

(36.1)  determine the rules of professional ethics applicable to contractors and owner-builders, together with sanctions;

(37)  determine the provisions of a regulation adopted under this section of which the infringement shall constitute an offence under paragraph 7 of section 194, with the exception of provisions adopted under subparagraphs 5.2, 18, 18.1, 20 and 36.1 and under subparagraphs 16 and 17 with respect to fees payable;

(38)  adopt, generally, any other related or suppletory provision it considered necessary to give effect to the provisions of this section and of this Act.

1985, c. 34, s. 185; 1991, c. 74, s. 87, s. 169; 1995, c. 58, s. 8; 1996, c. 74, s. 10; 1997, c. 64, s. 15; 1998, c. 46, s. 53; 1999, c. 40, s. 37; 2005, c. 22, s. 45, s. 47; 2005, c. 10, s. 62; 2005, c. 22, s. 45; 2010, c. 28, s. 19; 2011, c. 35, s. 33; 2018, c. 13, s. 33; 2019, c. 28, s. 25; 2021, c. 31, s. 44.

186. (Repealed).

1985, c. 34, s. 186; 1991, c. 74, s. 88.

187. (Repealed).

1985, c. 34, s. 187; 1991, c. 74, s. 88.

188. (Repealed).

1985, c. 34, s. 188; 1991, c. 74, s. 88.

189. Every code or regulation of the Board is subject to approval by the Government which may approve it with or without amendment.

1985, c. 34, s. 189; 1991, c. 74, s. 89.

DIVISION III MISCELLANEOUS

190. (Repealed).

1985, c. 34, s. 190; 1991, c. 74, s. 90.

191. A code or regulation may include standards that are specific to the territory covered by section 4.

1985, c. 34, s. 191.

192. The contents of the codes or regulations may vary according to the classes of persons, contractors, owner-builders, manufacturers of pressure installations, owners of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations, owners or operators of gas or petroleum product distribution undertakings and classes of buildings, pressure installations, facilities or installations to which the codes or regulations apply.

The contents of the codes and regulations may, in particular, vary to facilitate the recognition of the qualifications, skills or work experience of the building contractors covered by an intergovernmental agreement in respect of mobility or the recognition of such qualifications, skills or work experience.

1985, c. 34, s. 192; 1991, c. 74, s. 91; 1996, c. 74, s. 11; 1998, c. 46, s. 54; 2005, c. 10, s. 63.

193. No by-law of a local municipality or regional county municipality dealing with any matter already covered by the Construction Code (chapter B-1.1, r. 2) or a regulation under section 182 or 185 may set standards that are identical or equivalent to those of that Code or regulation or that restrict their scope or application.

A local municipality or a regional county municipality may, however, set standards that are identical to or more stringent than those of the Safety Code (chapter B-1.1, r. 3).

1985, c. 34, s. 193; 1990, c. 85, s. 122; 1991, c. 74, s. 92; 2000, c. 56, s. 218; 2010, c. 28, s. 20.

CHAPTER IX OFFENCES

194. It shall be an offence to:

(1)  make a false statement or fail to provide information in order to obtain a licence;

(2)  make a false statement in a document prescribed by this Act or the regulations or knowingly use such a document;

(3)  omit or refuse to produce or sign a certificate of conformity, strength or safety, produce or sign a certificate which is inaccurate, or produce or sign a certificate knowing that it contains false or inaccurate information;

(4)  hinder or attempt to hinder a person acting on behalf of the Board or obstruct him in the exercise of his duties;

(5)  use the name of another person with a licence or use his licence number to carry out construction work;

(6)  alter a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation in such a way that the risk of accident or fire is increased, or a safety measure prescribed by the Safety Code (chapter B-1.1, r. 3) diminished;

(6.1)  connect or supply an electrical installation, an installation intended to use gas or a petroleum equipment installation, without obtaining the authorization of the Board in accordance with section 119 or 120;

(6.2)  contravene a suppletory measure required under section 122;

(7)  contravene any of the provisions of sections 14, 15, 18, 19, 22, the first paragraphs of sections 24 and 25, sections 26, 27, 32 to 35, the third paragraph of section 35.2, sections 36, 37, the first paragraph of section 37.1, section 37.2, the first paragraph of section 38, sections 38.1, 39, the second paragraph of paragraph 2 of section 49, section 53, the second paragraph of section 56, section 57.1, 67, 69, 76.1, 79 or 82, or a regulatory provision determined under section 179 or subparagraph 37 of the first paragraph of section 185.

1985, c. 34, s. 194; 1991, c. 74, s. 93, s. 169; 1998, c. 46, s. 55; 1991, c. 74, s. 93; 2005, c. 10, s. 64; 2010, c. 28, s. 21; 2018, c. 13, s. 34.

195. (Repealed).

1985, c. 34, s. 195; 1991, c. 74, s. 94.

196. Subject to sections 196.1 and 196.1.1, any offence under section 194 is punishable with a fine of $1,209 to $6,044 where the offender is an individual and $3,625 to $18,131 in the case of a legal person.

On a second conviction, the offender is liable to a fine of $2,417 to $7,252, in the case of an individual, and $7,252 to $36,258 in the case of a legal person.

On any additional subsequent conviction, the offender is punishable with a fine of $7,252 to $21,755 where he is an individual or $21,755 to $108,776 in the case of a legal person.

1985, c. 34, s. 196; 1990, c. 4, s. 99; 1991, c. 74, s. 95; 2005, c. 22, s. 47; 2009, c. 57, s. 7; 2011, c. 35, s. 34.

See notice of indexation; (2021) 153 G.O. 1, 671.

196.1. Any person who contravenes paragraph 1 or 2 of section 194 is liable to a fine of $3,020 to $15,109 in the case of an individual and $9,063 to $45,324 in the case of a legal person.

On a second conviction, the minimum and maximum fines are doubled; on any subsequent conviction, they are tripled.

2009, c. 57, s. 8; 2011, c. 35, s. 35.

See notice of indexation; (2021) 153 G.O. 1, 671.

196.1.1. Any person who contravenes the second paragraph of section 56 or paragraph 5 of section 194 is liable to a fine of $12,087 to $90,648 in the case of an individual and $36,258 to $181,294 in the case of a legal person.

2011, c. 35, s. 36.

See notice of indexation; (2021) 153 G.O. 1, 671.

196.2. An owner-builder or contractor who is a party to a contract for the loan of money even though the lender refuses or fails to provide the statement required under subparagraph 8.2 of the first paragraph of section 58 or subparagraph 8 of the first paragraph of section 60 or even though he is aware that the lender or one of his officers was convicted, in the five years preceding the loan, of an offence or indictable offence referred to in subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60 and has not obtained a pardon is guilty of an offence and liable to a fine of $6,044 to $30,215 in the case of an individual and $18,131 to $90,648 in the case of a legal person.

2009, c. 57, s. 8; 2011, c. 35, s. 37; 2018, c. 13, s. 35.

See notice of indexation; (2021) 153 G.O. 1, 671.

196.3. A fine under this Act is indexed annually according to the percentage increase in the average Consumer Price Index for Canada published by Statistics Canada under the Statistics Act (R.S.C. 1985, c. S-19), for the 12 months of the preceding year in relation to the 12 months of the year preceding that year.

The resulting amount is increased to the nearest dollar if it contains decimals equal to or greater than 50; the amount is reduced to the nearest dollar if it contains decimals lower than 50.

The Board shall publish in the Gazette officielle du Québec the results of any indexation carried out under this section.

2009, c. 57, s. 8; 2019, c. 28, s. 26.

197. Any person who contravenes the first paragraph of section 35.2, the first paragraph of section 37.1, the first paragraph of section 65.2 or section 65.3 is liable to a fine of $6,044 to $30,215 in the case of an individual and $18,131 to $90,648 in the case of a legal person.

1985, c. 34, s. 197; 1990, c. 4, s. 100; 1991, c. 74, s. 96; 1997, c. 85, s. 9; 2005, c. 22, s. 47; 2011, c. 35, s. 38.

See notice of indexation; (2021) 153 G.O. 1, 671.

197.1. Any person who contravenes section 46 or 48 is guilty of an offence and is liable, as the case may be, to a fine

(1)  of $6,044 to $30,215 in the case of an individual and $18,130 to $90,648 in the case of a legal person if the individual or legal person does not hold a licence of the appropriate class or subclass or uses the services of another person who does not hold a licence of the appropriate class or subclass; or

(2)  of $12,087 to $90,648 in the case of an individual and $36,258 to $181,294 in the case of a legal person if the individual or legal person does not hold a licence or uses the services of another person who does not hold a licence.

2011, c. 35, s. 39; 2018, c. 13, s. 36.

See notice of indexation; (2021) 153 G.O. 1, 671.

197.2. Any person who, on applying for a licence or at any time during the licence’s term of validity, acts as a prête-nom, calls on a prête-nom or has a prête-nom among its officers is guilty of an offence and is liable to a fine of $12,087 to $90,648 in the case of an individual and $36,258 to $181,294 in the case of a legal person.

2018, c. 13, s. 37.

See notice of indexation; (2021) 153 G.O. 1, 671.

198. Failure to comply with an order made under section 123, 124 or 124.1 is punishable with a fine of $6,044 to $30,215 where the offender is an individual or $18,130 to $90,648 in the case of a legal person.

1985, c. 34, s. 198; 1990, c. 4, s. 100; 1991, c. 74, s. 97; 2011, c. 35, s. 40; 2019, c. 28, s. 28.

See notice of indexation; (2021) 153 G.O. 1, 671.

199. Whoever directly and seriously endangers public safety, whether by act or omission, is liable to a fine of $6,044 to $30,215 in the case of an individual or between $18,131 to $90,648 in the case of a legal person.

On a subsequent conviction, the offender is punishable with a fine of $12,087 to $90,648 where he is an individual or between $36,258 to $181,294 in the case of a legal person.

1985, c. 34, s. 199; 1990, c. 4, s. 101; 1991, c. 74, s. 98; 2011, c. 35, s. 41.

See notice of indexation; (2021) 153 G.O. 1, 671.

199.1. Any person who

(1)  provides information that the person knows to be false or misleading when communicating information under section 129.2.1, or

(2)  contravenes section 129.2.2,

is guilty of an offence and is liable to a fine of $2,156 to $21,561 in the case of an individual and $10,780 to $269,508 in the case of a legal person.

On a subsequent conviction, the fines are doubled.

2018, c. 13, s. 38.

See notice of indexation; (2021) 153 G.O. 1, 671.

200. Whoever, by act or omission, assists another in committing an offence is guilty of the offence as if he had committed it himself, if he knew or should known that his act or omission would probably result in assistance towards the commission of the offence.

1985, c. 34, s. 200.

201. Whoever abets, counsels or commands another to commit an offence is guilty of the offence and of any other offence committed by the other as a result of the abetment, counsel or command, if he knew or should have known that his action would probably result in the commission of the offence.

1985, c. 34, s. 201.

201.1. Where an offence under section 194, 197, 198 or 199 continues for more than one day, each day the offence continues shall be counted as a separate offence.

1991, c. 74, s. 100.

202. (Repealed).

1985, c. 34, s. 202; 1990, c. 4, s. 102.

203. A prosecution by a local municipality may be brought in a municipal court having jurisdiction in the area where the offence was committed.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C‐25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

1985, c. 34, s. 203; 1992, c. 61, s. 79; 2003, c. 5, s. 26.

204. (Repealed).

1985, c. 34, s. 204; 1991, c. 74, s. 101; 1992, c. 61, s. 80.

205. (Replaced).

1985, c. 34, s. 205; 1991, c. 74, s. 101.

206. (Replaced).

1985, c. 34, s. 206; 1991, c. 74, s. 101.

207. (Replaced).

1985, c. 34, s. 207; 1991, c. 74, s. 101.

208. (Replaced).

1985, c. 34, s. 208; 1990, c. 4, s. 103; 1991, c. 74, s. 101.

209. Penal proceedings for an offence under a provision of this Act may be instituted by a local municipality if an agreement has been entered into under section 132.

1985, c. 34, s. 209; 1991, c. 74, s. 102, s. 169; 1992, c. 61, s. 81.

210. For the purposes of articles 20 and 21 of the Code of Penal Procedure (chapter C‐25.1), a building or facility intended for use by the public is the owner’s business establishment.

1985, c. 34, s. 210; 1990, c. 4, s. 104; 1999, c. 40, s. 37.

211. (Repealed).

1985, c. 34, s. 211; 1991, c. 74, s. 103; 1992, c. 61, s. 82.

212. A prosecution must be commenced within three years from the time the prosecutor comes to know of the offence. However, no proceedings may be instituted if more than seven years have elapsed from the date of the commission of the offence.

1985, c. 34, s. 212; 1991, c. 74, s. 104; 1992, c. 61, s. 83; 2018, c. 13, s. 39.

213. No evidence may be led to show that an inquiry or proceeding under this Act was undertaken following information obtained from any person or to ascertain the identity of that person.

1985, c. 34, s. 213.

CHAPTER X TRANSITIONAL AND FINAL

DIVISION I TRANSITIONAL

214. This Act replaces the Act respecting pressure vessels (chapter A-20.01), the Gas Distribution Act (chapter D-10), the Act respecting the conservation of energy in buildings (chapter E-1.1), the Act respecting piping installations (chapter I-12.1), the Act respecting electrical installations (chapter I-13.01), the Stationary Enginemen Act (chapter M-6), the Act respecting building contractors vocational qualifications (chapter Q-1) and the Act respecting municipal regulation of public buildings (chapter R-18).

1985, c. 34, s. 214.

This section has been in force since 1 February 1992 concerning the Act respecting building contractors vocational qualifications (chapter Q-1). (1985, c. 34, s. 301; 1991, c. 74, s. 132).

This section has been in force since 1 October 2002 concerning the Act respecting piping installations (chapter I-12.1) and the Act respecting electrical installations (chapter I-13.01). (Order in Council 960-2002 dated 21 August 2002, (2002) 134 G.O. 2, 4541).

This section has been in force since 2 December 2003 concerning the Gas Distribution Act (chapter D-10). (Order in Council 874-2003 dated 20 August 2003, (2003) 135 G.O. 2, 2703).

This section has been in force since 30 August 2012 concerning the Act respecting the conservation of energy in buildings (chapter E-1.1) in respect of buildings and facilities intended for use by the public to which Part 11 of the Code adopted by Chapter I of the Construction Code (chapter B-1.1, r. 2) applies. (Order in Council 857-2012 dated 1 August 2012, (2012) 144 G.O. 2, 2613).

This section has been in force since 8 March 2018 concerning the Act respecting pressure vessels (chapter A-20.01). (Order in Council 86-2018 dated 7 February 2018, (2018) 150 G.O. 2, 665).

This section has been in force since 27 June 2020 concerning the Act respecting the conservation of energy in buildings (chapter E-1.1). (Order in Council 485-2020 dated 29 April 2020, (2020) 152 G.O. 2, 1423).

215. Any provision of a regulation made under the Acts covered by sections 214 and 282 remains in force in so far as it is consistent with this Act.

The building code and the safety code may be adopted by the Board and come into force in respect of categories of buildings, pressure installations and facilities or installations referred to in each Act mentioned in section 214 or 282 or referred to in this Act.

1985, c. 34, s. 215; 1998, c. 46, s. 56.

216. Notwithstanding section 215, sections 43 to 55, 58 to 64, 78 and 86 of the Regulation respecting pressure vessels enacted by Order in Council 2519-82 dated 3 November 1982, with its present and future amendments, concerning the personal qualification of welder and the qualification of inspectors, the Order respecting certificates of competence with respect to gas (R.R.Q., 1981, chapter D-10, r. 2), except for category 311 under the heading “300—Distribution” of section 1, Schedule A and the list of categories in Schedule B, sections 17 and 32 of the Regulation respecting gas and public safety (R.R.Q., 1981, chapter D-10, r. 4), sections 28 to 39 and 41 to 60 of the Regulation respecting stationary enginemen (R.R.Q., 1981, chapter M-6, r. 1) and Schedule D to that regulation remain in force in so far as they are consistent with the Act respecting manpower vocational training and qualification (chapter F‐5).

Such provisions are deemed to have been made under the Act respecting manpower vocational training and qualification and a certificate of qualification or competence issued under such provisions is deemed to be a certificate of qualification required by that Act.

1985, c. 34, s. 216; 1991, c. 74, s. 105; 1999, c. 40, s. 37.

217. (Omitted).

1985, c. 34, s. 217.

218. (Inoperative, 1982, c. 42, s. 19; 1983, c. 26, s. 5; (1986) 118 G.O. 2, 901).

1985, c. 34, s. 218.

219. (Inoperative, 1982, c. 42, s. 19; 1983, c. 26, s. 5; (1986) 118 G.O. 2, 901).

1985, c. 34, s. 219.

REAL ESTATE BROKERAGE ACT

220. (Amendment integrated into c. C-73, s. 1).

1985, c. 34, s. 220.

221. (Amendment integrated into c. C-73, s. 6).

1985, c. 34, s. 221.

222. (Amendment integrated into c. C-73, ss. 7-7.2).

1985, c. 34, s. 222.

223. (Amendment integrated into c. C-73, ss. 8-8.1).

1985, c. 34, s. 223.

224. (Amendment integrated into c. C-73, Division III.1, ss. 9.1-9.13).

1985, c. 34, s. 224.

225. (Amendment integrated into c. C-73, Division III.2, ss. 9.14-9.35).

1985, c. 34, s. 225.

226. (Amendment integrated into c. C-73, s. 11.1).

1985, c. 34, s. 226.

227. (Amendment integrated into c. C-73, s. 12).

1985, c. 34, s. 227.

228. (Amendment integrated into c. C-73, s. 13).

1985, c. 34, s. 228.

229. (Amendment integrated into c. C-73, s. 20).

1985, c. 34, s. 229.

MASTER ELECTRICIANS ACT

230. (Amendment integrated into c. M-3, s. 1).

1985, c. 34, s. 230; 1991, c. 74, s. 106, s. 168; 1997, c. 83, s. 29.

231. (Amendment integrated into c. M-3, s. 5).

1985, c. 34, s. 231; 1991, c. 74, s. 107.

232. (Repealed).

1985, c. 34, s. 232; 1991, c. 74, s. 108.

233. (Amendment integrated into c. M-3, s. 11).

1985, c. 34, s. 233.

234. (Repealed).

1985, c. 34, s. 234; 1991, c. 74, s. 108.

235. (Repealed).

1985, c. 34, s. 235; 1991, c. 74, s. 108.

236. (Amendment integrated into c. M-3, s. 14).

1985, c. 34, s. 236.

237. (Amendment integrated into c. M-3, ss. 14.1-14.4).

1985, c. 34, s. 237.

238. (Amendment integrated into c. M-3, ss. 17.1-17.5).

1985, c. 34, s. 238.

239. (Amendment integrated into c. M-3, s. 20).

1985, c. 34, s. 239; 1990, c. 4, s. 555.

240. (Amendment integrated into c. M-3, heading after s. 20).

1985, c. 34, s. 240.

241. (Amendment integrated into c. M-3, ss. 20.1-23).

1985, c. 34, s. 241.

242. (Amendment integrated into c. M-3, s. 31).

1985, c. 34, s. 242.

243. (Amendment integrated into c. M-3, s. 31.1).

1985, c. 34, s. 243.

MASTER PIPE-MECHANICS ACT

244. (Amendment integrated into c. M-4, heading after the title of this Act).

1985, c. 34, s. 244.

245. (Amendment integrated into c. M-4, s. 1).

1985, c. 34, s. 245; 1991, c. 74, s. 168; 1997, c. 83, s. 30.

246. (Amendment integrated into c. M-4, heading after s. 2).

1985, c. 34, s. 246.

247. (Amendment integrated into c. M-4, s. 5).

1985, c. 34, s. 247; 1991, c. 74, s. 110.

248. (Amendment integrated into c. M-4, heading after s. 7).

1985, c. 34, s. 248.

249. (Repealed).

1985, c. 34, s. 249; 1991, c. 74, s. 111.

250. (Amendment integrated into c. M-4, heading after s. 8).

1985, c. 34, s. 250.

251. (Amendment integrated into c. M-4, s. 9.1).

1985, c. 34, s. 251.

252. (Amendment integrated into c. M-4, s. 10).

1985, c. 34, s. 252; 1991, c. 74, s. 112.

253. (Repealed).

1985, c. 34, s. 253; 1991, c. 74, s. 113.

254. (Repealed).

1985, c. 34, s. 254; 1991, c. 74, s. 113.

255. (Amendment integrated into c. M-4, s. 12).

1985, c. 34, s. 255; 1991, c. 74, s. 113.

256. (Amendment integrated into c. M-4, ss. 12.1-12.4).

1985, c. 34, s. 256.

257. (Amendment integrated into c. M-4, ss. 14.1-14.5).

1985, c. 34, s. 257.

258. (Amendment integrated into c. M-4, s. 15).

1985, c. 34, s. 258.

259. (Amendment integrated into c. M-4, s. 18).

1985, c. 34, s. 259.

260. (Amendment integrated into c. M-4, s. 19).

1985, c. 34, s. 260; 1990, c. 4, s. 561.

261. (Amendment integrated into c. M-4, ss. 19.1-21.2).

1985, c. 34, s. 261.

262. (Amendment integrated into c. M-4, s. 29.1).

1985, c. 34, s. 262.

ACT RESPECTING THE MINISTÈRE DES RESSOURCES NATURELLES ET DE LA FAUNE

263. (Repealed).

1985, c. 34, s. 263; 1994, c. 13, s. 15; 2003, c. 8, s. 7; 2006, c. 3, s. 35; 2005, c. 10, s. 65.

264. (Repealed).

1985, c. 34, s. 264; 1994, c. 12, s. 18.

265. (Repealed).

1985, c. 34, s. 265; 1994, c. 12, s. 18.

266. (Repealed).

1985, c. 34, s. 266; 1990, c. 4, s. 105.

FIRE PREVENTION ACT

267. (Repealed).

1985, c. 34, s. 267; 2000, c. 20, s. 167.

268. (Repealed).

1985, c. 34, s. 268; 1991, c. 74, s. 113.

CONSUMER PROTECTION ACT

269. (Amendment integrated into c. P-40.1, s. 1).

1985, c. 34, s. 269.

270. (Amendment integrated into c. P-40.1, s. 6).

1985, c. 34, s. 270.

271. (Amendment integrated into c. P-40.1, s. 6.1).

1985, c. 34, s. 271.

272. (Amendment integrated into c. P-40.1, s. 215).

1985, c. 34, s. 272.

273. (Amendment integrated into c. P-40.1, s. 253).

1985, c. 34, s. 273.

ACT RESPECTING THE RÉGIE DE L’ÉLECTRICITÉ ET DU GAZ

274. (Repealed).

1985, c. 34, s. 274; 1988, c. 23, s. 81.

275. (Repealed).

1985, c. 34, s. 275; 1988, c. 23, s. 81.

276. (Repealed).

1985, c. 34, s. 276; 1988, c. 23, s. 81.

277. (Repealed).

1985, c. 34, s. 277; 1988, c. 23, s. 81.

278. (Repealed).

1985, c. 34, s. 278; 1988, c. 23, s. 81.

Not in force

ACT RESPECTING THE RÉGIE DU LOGEMENT

Not in force

279. The following is substituted for the first paragraph of section 78 of the Act respecting the Administrative Housing Tribunal (chapter T-15.01):

“78. A member may decide that a report of inspection signed by an inspector of the Tribunal, a person appointed by the Régie du bâtiment du Québec to investigate under the Building Act (chapter B-1.1), a municipal inspector or an inspector appointed under the Act respecting occupational health and safety (chapter S-2.1), the Environment Quality Act (chapter Q-2), the Act respecting the Société d’habitation du Québec (chapter S-8), shall be accepted in lieu of the testimony of such inspector.”.

1985, c. 34, s. 279; 1991, c. 74, s. 168; 2019, c. 28, s. 158.

ACT RESPECTING LABOUR RELATIONS, VOCATIONAL TRAINING AND MANPOWER MANAGEMENT IN THE CONSTRUCTION INDUSTRY

1986, c. 89, s. 50.

280. (Repealed).

1985, c. 34, s. 280; 1986, c. 89, s. 50; 1991, c. 74, s. 115.

281. (Repealed).

1985, c. 34, s. 281; 1991, c. 74, s. 115.

PUBLIC BUILDINGS SAFETY ACT

282. This Act replaces the Public Buildings Safety Act (chapter S-3).

1985, c. 34, s. 282; 1991, c. 74, s. 116.

283. (Replaced).

1985, c. 34, s. 283; 1991, c. 74, s. 116.

ACT RESPECTING SAFETY IN SPORTS

284. (Repealed).

1985, c. 34, s. 284; 1988, c. 26, s. 25.

DIVISION II FINAL

285. The personnel of the Ministère du Travail responsible for the administration of the Act respecting pressure vessels (chapter A-20.01) with regard to the personal qualification of welder and the qualification of inspectors, and the administration of the Stationary Enginemen Act (chapter M-6) shall become the personnel of the Ministère de la Main-d’oeuvre et de la Sécurité du Revenu, as may be decided by the Government.

1985, c. 34, s. 285; 1991, c. 74, s. 117.

286. The personnel of the Ministère du Travail discharging duties in the areas transferred to the Régie du bâtiment du Québec and in office on 1 February 1992 shall become the personnel of the Régie du bâtiment du Québec, as may be decided by the Government.

1985, c. 34, s. 286; 1991, c. 74, s. 118.

287. The personnel of the Régie des entreprises de construction du Québec in office on 1 February 1992 shall become the personnel of the Régie du bâtiment du Québec.

1985, c. 34, s. 287; 1991, c. 74, s. 119.

288. The records and other documents of the Ministère du Travail relevant to the administration of the Acts covered by sections 214 and 282, of the Régie du gaz naturel relevant to the administration of the legislative provisions covered by section 294, and of the Régie des entreprises de construction du Québec shall become the records and documents of the Régie du bâtiment du Québec except as otherwise decided by the Government.

1985, c. 34, s. 288; 1988, c. 23, s. 82; 1991, c. 74, s. 120.

289. Matters pending before the Régie des entreprises de construction du Québec shall be continued and disposed of by the Régie du bâtiment du Québec except as otherwise decided by the Government.

The same applies to matters pending before the Régie du gaz naturel.

1985, c. 34, s. 289; 1991, c. 74, s. 121.

290. Matters pending before the Labour Court under the Act respecting building contractors vocational qualifications (chapter Q-1) shall be continued and disposed of by that Court under the said Act.

1985, c. 34, s. 290.

291. A licence issued under the Act respecting building contractors vocational qualifications (chapter Q-1) or the second paragraph of section 20 of the Act respecting electrical installations (chapter I-13.01) shall remain in force until the conduct any business authorized under that licence until that date, subject to this Act or its regulations.

The same shall apply to a licence issued under the third paragraph of section 20 of the Act respecting electrical installations but only for electrical installation work carried out on electrical installations owned by the manufacturer of fixed prefabricated constructions.

1985, c. 34, s. 291.

292. A licence issued to a partnership or legal person under the Act respecting building contractors vocational qualifications (chapter Q-1) shall remain in force until the date on which it expires even if the person authorizing the partnership or legal person is not an officer within the meaning of section 45. The same rules apply to any licence issued or renewed under this Act before the coming into force of a regulation adopted pursuant to paragraph 12 of section 185.

1985, c. 34, s. 292; 1991, c. 74, s. 122.

293. The Régie du bâtiment du Québec shall replace the Bureau des examinateurs électriciens, the Bureau des examinateurs en tuyauterie, the Commission du bâtiment du Québec and the Régie des entreprises de construction du Québec and shall take over their rights and duties.

The Minister of Manpower and Income Security shall replace the board of examiners instituted under the Stationary Enginemen Act (chapter M-6) and shall take over its rights and duties.

1985, c. 34, s. 293; 1991, c. 74, s. 123.

294. The Commission du bâtiment du Québec shall also take over the rights and duties of the Régie du gaz naturel under the Gas Distribution Act (chapter D-10) and paragraph c of section 19 and section 37 of the Act respecting the Régie de l’électricité et du gaz (chapter R-6).

1985, c. 34, s. 294; 1988, c. 23, s. 83.

295. The Régie is authorized to use any existing document or means of identification in the name of the Régie des entreprises de construction du Québec until they have been replaced by documents or means of identification prepared in the name of the Régie du bâtiment du Québec.

The same shall apply to any document or means of identification of the Ministère du Travail relevant to the administration of the Acts listed in sections 214 and 282.

1985, c. 34, s. 295; 1991, c. 74, s. 125.

296. Any appropriations granted to the Ministère du Travail for matters transferred to the Minister of Labour and Income Security are transferred to the Ministère de la Main-d’oeuvre et de la Sécurité du Revenu, as may be decided by the Government.

1985, c. 34, s. 296; 1991, c. 74, s. 126.

297. Any appropriations granted to the Ministère du Travail for matters transferred to the Régie du bâtiment du Québec are transferred to the Régie du bâtiment du Québec, as may be decided by the Government.

1985, c. 34, s. 297; 1991, c. 74, s. 127.

297.1. For the purposes of the first paragraph of section 57, the period for which a licence is issued shall be one year until a regulation is adopted pursuant to paragraph 16 of section 185.

1991, c. 74, s. 128.

297.2. Until such time as a contractor joins a guaranty plan referred to in section 80 or a security becomes payable by him under section 84 or 85, the security payable under section 34.1 of the Act respecting building contractors vocational qualifications (chapter Q-1) shall remain in effect and shall constitute a required condition for obtaining a licence under this Act.

1991, c. 74, s. 128.

297.3. (Repealed).

1991, c. 74, s. 128; 1997, c. 64, s. 17; 2005, c. 22, s. 46.

297.4. Until such time as the Act respecting electrical installations (chapter I-13.01) is replaced in accordance with section 214, section 48 does not apply to electrical installation work referred to in the second and third paragraphs of section 20 of the Act respecting electrical installations.

1991, c. 74, s. 128.

297.5. Until such time as an agreement is entered into under section 132, section 193 does not apply in respect of a by-law respecting piping installations passed by a local municipality that is exempt from the application of a plumbing code pursuant to paragraph f of section 24 of the Act respecting piping installations (chapter I-12.1), and the conditions of exemption provided for in that code continue to apply to such a municipality.

1998, c. 46, s. 57.

298. The Minister of Labour is responsible for the administration of this Act.

1985, c. 34, s. 298; 1991, c. 74, s. 129; 1994, c. 12, s. 19; 1996, c. 29, s. 43.

Not in force

299. The Régie du bâtiment du Québec shall study the possibility of introducing a general system for reports of construction work and the collection of any amount payable under an Act applicable in the building field.

The Board shall report its findings and recommendations to the Minister not later than (insert date that is two years after the coming into force of this section).

The Government may extend the date, add details and specify the manner of performance of the Board’s task.

1985, c. 34, s. 299; 1991, c. 74, s. 168; 2005, c. 22, s. 47.

299.1. The Régie du bâtiment du Québec is responsible for the administration of the Acts referred to in section 214 until they are replaced.

It is also responsible for the administration of the Public Buildings Safety Act (chapter S-3) until the date of coming into force of section 282.

1991, c. 74, s. 131.

300. (This section ceased to have effect on 31 October 1990).

1985, c. 34, s. 300; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

301. (Omitted).

1985, c. 34, s. 301; 1991, c. 74, s. 132.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 34 of the statutes of 1985, to the extent in force on 1 March 1986, is repealed, except section 301, effective from the coming into force of chapter B-1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 224, 226, 227 and paragraphs 2 and 3 of section 228 of chapter 34 of the statutes of 1985, to the extent in force on 1 March 1987, are repealed effective from the coming into force of the updating to 1 March 1987 of chapter B-1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 221, paragraph 1 of section 229 and sections 269 to 273 of chapter 34 of the statutes of 1985, to the extent in force on 1 March 1989, are repealed effective from the coming into force of the updating to 1 March 1989 of chapter B-1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1, 2, 4, 7 to 9, 11, 41, 42, 44 to 73, 75 to 86, 112, 115, 117, 118, 129, 150 to 153, 155, paragraph 2 of section 160, sections 161 to 164, paragraph 2 of section 165, sections 166, 167, 169 to 176, 178, 179, 182, 185, 189, 191 to 193, paragraphs 1, 2, 4, 5 and 7 of section 194, sections 196, 197, 200, 201, 203, 204, 209, 211 to 213, 215, 216, paragraph 4 of section 230, sections 231, 238, 240 to 243, paragraph 4 of section 245, sections 247, 252, paragraph 2 of section 255, sections 257, 258, 261, 262, 285 to 290, the first paragraph of section 291 and sections 292 to 297 of chapter 34 of the statutes of 1985, to the extent in force on 1 March 1992, are repealed effective from the coming into force of the updating to 1 March 1992 of chapter B-1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), paragraph 1 of section 160 and paragraph 1 of section 165 of chapter 34 of the statutes of 1985, to the extent in force on 1 March 1997, are repealed effective from the coming into force of the updating to 1 March 1997 of chapter B-1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), paragraph 3 of section 230 and paragraphs 1 and 3 of section 245 of chapter 34 of the statutes of 1985, to the extent in force on 1 April 1998, are repealed effective from the coming into force of the updating to 1 April 1998 of chapter B-1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 3, 5, 10, 12 to 18, 20 to 23, 36, 113, 114, 116, 122 to 128, 132 to 139, paragraphs 3 and 6 of section 194, sections 198, 199 and 210 of chapter 34 of the statutes of 1985, to the extent in force on 1 April 2001, are repealed effective from the coming into force of the updating to 1 April 2001 of chapter B-1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 6, 19, 24 to 27, 29 to 35, 37, 39, 119, paragraphs 1 and 2 of section 230, section 239, paragraph 2 of section 245, sections 259 and 260 as well as the second paragraph of section 291 of chapter 34 of the statutes of 1985, to the extent in force on 1 April 2003, are repealed effective from the coming into force of the updating to 1 April 2003 of chapter B-1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 38 of chapter 34 of the statutes of 1985, to the extent in force on 1 March 2005, is repealed effective from the coming into force of the updating to 1 March 2005 of chapter B-1.1 of the Revised Statutes.