N-1.1, r. 0.1 - Regulation respecting personnel placement agencies and recruitment agencies for temporary foreign workers

Section 11 Disposition versions

2024-04-01

11. The person, partnership or other entity that meets all the conditions provided for in section 10 may be denied the issue of a licence by the Commission in any of the following cases:

(1)  unless the person, partnership or other entity has reached a payment agreement and has been observing it, or the collection of its debts has been legally suspended, the person, partnership or other entity has not paid to a department or body of the Gouvernement du Québec, a sum payable under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Pay Equity Act (chapter E-12.001), the National Holiday Act (chapter F-1.1), the Act respecting labour standards (chapter N-1.1) or the Act respecting occupational health and safety (chapter S-2.1) or any of the regulations thereunder;

(2)  in the 2 years preceding the application, the person, partnership or other entity has been condemned by an irrevocable decision of a court for discrimination, psychological harassment or reprisals as part of employment;

(3)  the person has been an officer of a legal person, partnership or other entity whose licence is suspended or has been denied or revoked in the 2 years preceding the application;

(4)  in the 2 years preceding the application, the person has been an officer of a legal person, partnership or other entity placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3) or a winding-up order for insolvency within the meaning of the Winding-up and Restructuring Act (R.S.C. 1985, c. W-11);

(5)  in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, the person, partnership or other entity has been found guilty or the person has been an officer of a legal person, partnership or other entity found guilty of a penal or criminal offence that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(6)  in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, has been the subject of a decision by a foreign court finding them guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings, that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(7)  the person has been an officer of a legal person, partnership or other entity that, in the 5 years preceding the application, unless the person has obtained a pardon, has been the subject of a decision by a foreign court finding the person guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings, that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(8)  one of its officers has been, in the 2 years preceding the application, an officer of a legal person, partnership or other entity placed under a receiving order pursuant to the Bankruptcy and Insolvency Act or a winding-up order for insolvency within the meaning of the Winding-up and Restructuring Act;

(9)  one of its officers has assigned property or is placed under a receiving order pursuant to the Bankruptcy and Insolvency Act;

(10)  one of its officers holds a suspended licence or has been holding a denied or revoked licence in the 2 years preceding the application;

(11)  one of its officers is an officer of a legal person, partnership or other entity whose licence is suspended or has been denied or revoked in the 2 years preceding the application;

(12)  one of its officers, in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, has been found guilty or the person has been an officer of a legal person, partnership or other entity found guilty of a penal or criminal offence that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(13)  one of its officers, in the 5 years preceding the application, unless the officer has obtained a pardon, has been the subject of a decision by a foreign court finding them guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(14)  the person has been an officer of a legal person, partnership or other entity that, in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, the person, partnership or other entity has been the subject of a decision by a foreign court finding them guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for.

O.C. 1148-2019, s. 11; S.Q. 2023, c. 24, s. 177.

2020-01-01

11. The person, partnership or other entity that meets all the conditions provided for in section 10 may be denied the issue of a licence by the Commission in any of the following cases:

(1)  unless the person, partnership or other entity has reached a payment agreement and has been observing it, or the collection of its debts has been legally suspended, the person, partnership or other entity has not paid to a department or body of the Gouvernement du Québec, a sum payable under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Pay Equity Act (chapter E-12.001), the National Holiday Act (chapter F-1.1), the Act respecting labour standards (chapter N-1.1) or the Act respecting occupational health and safety (chapter S-2.1) or any of the regulations thereunder;

(2)  in the 2 years preceding the application, the person, partnership or other entity has been condemned by an irrevocable decision of a court for discrimination, psychological harassment or reprisals as part of employment;

(3)  the person has been an officer of a legal person, partnership or other entity whose licence is suspended or has been revoked or not renewed in the 2 years preceding the application;

(4)  in the 2 years preceding the application, the person has been an officer of a legal person, partnership or other entity placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3) or a winding-up order for insolvency within the meaning of the Winding-up and Restructuring Act (R.S.C. 1985, c. W-11);

(5)  in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, the person, partnership or other entity has been found guilty or the person has been an officer of a legal person, partnership or other entity found guilty of a penal or criminal offence that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(6)  in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, has been the subject of a decision by a foreign court finding them guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings, that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(7)  the person has been an officer of a legal person, partnership or other entity that, in the 5 years preceding the application, unless the person has obtained a pardon, has been the subject of a decision by a foreign court finding the person guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings, that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(8)  one of its officers has been, in the 2 years preceding the application, an officer of a legal person, partnership or other entity placed under a receiving order pursuant to the Bankruptcy and Insolvency Act or a winding-up order for insolvency within the meaning of the Winding-up and Restructuring Act;

(9)  one of its officers has assigned property or is placed under a receiving order pursuant to the Bankruptcy and Insolvency Act;

(10)  one of its officers holds a suspended licence or has been holding a revoked or not renewed licence in the 2 years preceding the application;

(11)  one of its officers is an officer of a legal person, partnership or other entity whose licence is suspended or has been revoked or not renewed in the 2 years preceding the application;

(12)  one of its officers, in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, has been found guilty or the person has been an officer of a legal person, partnership or other entity found guilty of a penal or criminal offence that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(13)  one of its officers, in the 5 years preceding the application, unless the officer has obtained a pardon, has been the subject of a decision by a foreign court finding them guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(14)  the person has been an officer of a legal person, partnership or other entity that, in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, the person, partnership or other entity has been the subject of a decision by a foreign court finding them guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for.

O.C. 1148-2019, s. 11.

Not in force

In force: 2020-01-01

11. The person, partnership or other entity that meets all the conditions provided for in section 10 may be denied the issue of a licence by the Commission in any of the following cases:

(1)  unless the person, partnership or other entity has reached a payment agreement and has been observing it, or the collection of its debts has been legally suspended, the person, partnership or other entity has not paid to a department or body of the Gouvernement du Québec, a sum payable under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Pay Equity Act (chapter E-12.001), the National Holiday Act (chapter F-1.1), the Act respecting labour standards (chapter N-1.1) or the Act respecting occupational health and safety (chapter S-2.1) or any of the regulations thereunder;

(2)  in the 2 years preceding the application, the person, partnership or other entity has been condemned by an irrevocable decision of a court for discrimination, psychological harassment or reprisals as part of employment;

(3)  the person has been an officer of a legal person, partnership or other entity whose licence is suspended or has been revoked or not renewed in the 2 years preceding the application;

(4)  in the 2 years preceding the application, the person has been an officer of a legal person, partnership or other entity placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3) or a winding-up order for insolvency within the meaning of the Winding-up and Restructuring Act (R.S.C. 1985, c. W-11);

(5)  in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, the person, partnership or other entity has been found guilty or the person has been an officer of a legal person, partnership or other entity found guilty of a penal or criminal offence that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(6)  in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, has been the subject of a decision by a foreign court finding them guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings, that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(7)  the person has been an officer of a legal person, partnership or other entity that, in the 5 years preceding the application, unless the person has obtained a pardon, has been the subject of a decision by a foreign court finding the person guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings, that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(8)  one of its officers has been, in the 2 years preceding the application, an officer of a legal person, partnership or other entity placed under a receiving order pursuant to the Bankruptcy and Insolvency Act or a winding-up order for insolvency within the meaning of the Winding-up and Restructuring Act;

(9)  one of its officers has assigned property or is placed under a receiving order pursuant to the Bankruptcy and Insolvency Act;

(10)  one of its officers holds a suspended licence or has been holding a revoked or not renewed licence in the 2 years preceding the application;

(11)  one of its officers is an officer of a legal person, partnership or other entity whose licence is suspended or has been revoked or not renewed in the 2 years preceding the application;

(12)  one of its officers, in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, has been found guilty or the person has been an officer of a legal person, partnership or other entity found guilty of a penal or criminal offence that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(13)  one of its officers, in the 5 years preceding the application, unless the officer has obtained a pardon, has been the subject of a decision by a foreign court finding them guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for;

(14)  the person has been an officer of a legal person, partnership or other entity that, in the 5 years preceding the application, unless the person, partnership or other entity has obtained a pardon, the person, partnership or other entity has been the subject of a decision by a foreign court finding them guilty of an offence that, if committed in Canada, would have resulted in penal or criminal proceedings that, in the Commission’s opinion, is connected with the carrying on of activities for which the licence is applied for.

O.C. 1148-2019, s. 11.