R-20, r. 8.01 - Regulation respecting letters describing the situation

Section 7 Disposition versions

2016-01-07

7. A letter describing the situation contains, as the case may be,

(1)  the identification of the job site, the nature and duration of the work, the name of the recognized client, the value of the contract before provincial and federal taxes, the employer’s workforce assigned to the work with regards to the number of employees and the cost, and the name of the employer’s sub-contractors;

(2)  the statement of the monthly reports sent by the employer for a 12-month period preceding the date of filing an application for a letter for the purposes of a tender and, for an application for a letter on construction work carried out on a job site

i.  the statement of the monthly reports sent by the employer for the duration of the work, without exceed-ing 12 months and

ii.  the information concerning the monthly reports not sent by the sub-contractor and the reports sent by the sub-contractor without the corresponding delivery, for the duration of the work, without exceeding 12 months;

(3)  any unpaid claim to the Commission by the employer, and the claim sent within the 24 months preceding the date of filing an application with a mention of the balance for a letter for the purposes of a tender. In the case of an application for a letter on construction work carried out on a job site, the letter mentions any unpaid claim sent to the employer and the employer’s sub-contractors for a period of the construction work carried out on the job site;

(4)  any disagreement notified in writing by the employer to the Commission regarding the subjection of the work to the scope of the Act or relating to the interpretation of a clause of the collective agreement after a claim is sent;

(5)  any amount held to guarantee payment of a claim by the employer or one of the sub-contractors;

(6)  any order to suspend work rendered in respect of the employer or one of the sub-contractors under section 7.4 of the Act and any contravention to such order, if either occurs within the 24 months preceding the date of filing an application for a letter for the purposes of a tender and relating to the construction work on the job site identified in the application and, where applicable, if the order has been the subject of an application for review pursuant to section 7.7 of the Act;

(7)  for a letter on construction work on a job site, that the employer or one of the sub-contractors, including one of their directors, shareholders, officers, partners or employees, while acting as such for the employer or sub-contractor, has been convicted of an offence provided for in Schedule I committed during the work and, for a letter for the purposes of a tender, that the employer, including one of the employer’s directors, shareholders, officers, partners or employees, while acting as such for the employer, has been convicted of an offence provided for in Schedule I committed within the 24 months preceding the date of filing an application;

(8)  that at the time of the work, the employer and the employer’s sub-contractors have not sent the notice provided for in the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11);

(9)  the holding by the employer of a licence issued under the Building Act (chapter B-1.1) and for the letter on the construction work carried out on a job site, by also indicating in the letter for each sub-contractor the periods in which they did not have a licence during the work;

(10)  that the licence of the employer is subject to a restriction as regards the obtention of a public contract under section 65.1 of the Building Act.

The information in subparagraphs 2 to 10 applies to the time the letter describing the situation for the purposes of a tender is applied for and, for the letter on construction work carried out on a job site, to the work period.

O.C. 1051-2015, s. 7.