B-1.1, r. 9 - Regulation respecting the professional qualification of contractors and owner-builders

Section 41 Disposition versions

2018-10-01

41. Where the Board receives a claim calling into question the security, the Board verifies whether the requirements of this Division are complied with, whether the claim includes any document or information necessary to determine compliance and, in the case where the claim is not accompanied by a final judgment referred to in subparagraph 1 of the first paragraph of section 40, whether the surety agrees to enter into the agreement or transaction referred to in that subparagraph. If so, the claim is considered to comply with this Division and the Board immediately opens, subject to the third paragraph of this section, a claim file on the contractor concerned, so notifies the surety and, in the case of an agreement or transaction, the syndic, if applicable. Every copy of a judgment, agreement or transaction received or entered into thereafter must be entered in the file provided that the Board considers that the claim complies with this Division.

In the case of more than one surety issued in favour of the Board, the claim is made to the surety having issued the security that was in force at the time the contract was entered into, evidenced by a written document or the payment of an instalment. Otherwise, the claim is made to the surety having issued the security that was in force at the commencement of the work.

If the contractor concerned by the claim was the holder of an itinerant merchant’s permit required by the Consumer Protection Act (chapter P-40.1) at the time the contract was entered into or the construction work was carried out, the Board sends to the Office de la protection du consommateur, in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a copy of the documents referred to in the first paragraph, upon receipt. If the Board considers that the claim complies with this Division and the Office informs the Board that it is opening a claim file provided for in section 121 of the Regulation respecting the application of the Consumer Protection Act (chapter P-40.1, r. 3), the Board opens the claim file provided for in the first paragraph at the same time as the Office.

O.C. 314-2008, s. 41; O.C. 724-2018, s. 5.

2012-09-01

41. Where the Board receives a copy of a final judgment, agreement or transaction referred to in section 40 that settles a dispute, the Board is to open a claim file on the contractor concerned and so notify the surety. Every copy of a judgment, agreement or transaction received thereafter must be entered in the file.

In the case of more than one surety, the claim is made to the surety having issued the security that was in force at the time the contract was entered into, evidenced by a written document or the payment of an instalment. Otherwise, the claim is made to the surety having issued the security that was in force at the commencement of the work.

O.C. 314-2008, s. 41.