B-1.1 - Building Act

Section 185 Disposition versions

2021-11-05

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(2.3)  (subparagraph repealed);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(4)  (subparagraph repealed);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.

2020-01-10

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;

(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.

2018-09-04

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;

(0.2)  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;

(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 criteria allowing the Board to recognize a person for the purposes of sections 16, 35 and 37.4, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(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;

(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)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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;

(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;

(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.

2011-12-09

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;

(0.2)  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;

(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 criteria allowing the Board to recognize a person for the purposes of sections 16, 35 and 37.4, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(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;

(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)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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 natural persons who are licence holders and all or certain natural persons referred to in section 52 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;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of 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;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or legal person;

(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;

(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.

2010-12-02

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;

(0.2)  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;

(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 Building Code to the Board, and the form and content of such a certificate;

(2)  (subparagraph replaced);

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 16, 35 and 37.4, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(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, 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;

(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)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of 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;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or legal person;

(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;

(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)  determine in what cases it will charge registration, examination or evaluation fees to a natural person referred to in section 58.1 and fix the amount of such fees;

(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 building 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

(a)  fix the standards of solvency he 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;

(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;

(19.6)  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 maximum 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;

(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.

2008-06-25

185. The Board may, by regulation:

(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 Building Code to the Board, and the form and content of such a certificate;

(2)  (subparagraph replaced);

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 16 and 35, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building and the 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, and the form and content of such a certificate;

(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 and its period of validity;

(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;

(5.3)  adopt standards of manufacture, erection, repair, modification and reconditioning of a pressure installation;

(5.4)  adopt standards of approval and registration 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 in which and the terms and conditions according to which the Board may approve a pressure installation before it is marketed or put back into service or a pressure installation that is to be used for other purposes than those for which it was originally intended;

(6)  (subparagraph repealed);

(6.1)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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 person the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from 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 person 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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of 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;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or legal person;

(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;

(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)  determine in what cases it will charge registration, examination or evaluation fees to a natural person referred to in section 58.1 and fix the amount of such fees;

(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 building 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

(a)  fix the standards of solvency he 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;

(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;

(19.6)  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 maximum 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;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of authorized persons, 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.

2007-04-01

185. The Board may, by regulation:

(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 Building Code to the Board, and the form and content of such a certificate;

(2)  (subparagraph replaced);

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 16 and 35, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building and the 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, and the form and content of such a certificate;

(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 and its period of validity;

(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;

(5.3)  adopt standards of manufacture, erection, repair, modification and reconditioning of a pressure installation;

(5.4)  adopt standards of approval and registration 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 in which and the terms and conditions according to which the Board may approve a pressure installation before it is marketed or put back into service or a pressure installation that is to be used for other purposes than those for which it was originally intended;

(6)  (subparagraph repealed);

(6.1)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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 person the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from 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 person 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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of 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 or renewal of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or legal person;

(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)  set the period of validity of a licence and the conditions and criteria for the issue, amendment or renewal of a licence, set the fees that may be demanded for such issue, amendment or renewal and determine in what cases it will charge the fees;

(17)  set the classes and subclasses of licences and the fees that may be demanded for each of those classes or subclasses of licences and determine in what cases it will charge the 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 entry dues, examination or evaluation fees for the issue, amendment or renewal of a licence and set the fees;

(18.1)  determine in what cases it will charge registration, examination or evaluation fees to a natural person referred to in section 58.1 and fix the amount of such fees;

(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 building 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

(a)  fix the standards of solvency he 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;

(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;

(19.6)  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 maximum 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;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of authorized persons, 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.

2005-12-01

185. The Board may, by regulation:

(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 Building Code to the Board, and the form and content of such a certificate;

(2)  (subparagraph replaced);

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 16 and 35, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building and the 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 or installation independent of a building must furnish a certificate of conformity with the safety code, and the form and content of such a certificate;

(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 and its period of validity;

(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;

(5.3)  adopt standards of manufacture, erection, repair, modification and reconditioning of a pressure installation;

(5.4)  adopt standards of approval and registration 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 in which and the terms and conditions according to which the Board may approve a pressure installation before it is marketed or put back into service or a pressure installation that is to be used for other purposes than those for which it was originally intended;

(6)  (subparagraph repealed);

(6.1)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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 or installations independent of a building by a person the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from an electrical installation, used in a plumbing installation or intended to use gas, where the apparatus is not certified or approved by a person 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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of 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 or renewal of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or legal person;

(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)  set the period of validity of a licence and the conditions and criteria for the issue, amendment or renewal of a licence, set the fees that may be demanded for such issue, amendment or renewal and determine in what cases it will charge the fees;

(17)  set the classes and subclasses of licences and the fees that may be demanded for each of those classes or subclasses of licences and determine in what cases it will charge the 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 entry dues, examination or evaluation fees for the issue, amendment or renewal of a licence and set the fees;

(18.1)  determine in what cases it will charge registration, examination or evaluation fees to a natural person referred to in section 58.1 and fix the amount of such fees;

(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, gas 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 building 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

(a)  fix the standards of solvency he 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;

(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;

(19.6)  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 maximum 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;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of authorized persons, 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 gas undertaking owner or operator, a fixed amount or an amount in relation to the volume of gas 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 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 or installation independent of a building, 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 a gas undertaking owner or operator, 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 or installation independent of a building, 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, a facility intended for use by the public or installation independent of a building 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 gas undertaking owner or operator shall forward to it an estimate of the volume of gas 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 a gas undertaking owner or operator 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 or installation independent of a building 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 sales register that each gas undertaking owner or operator 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 or installations independent of a building 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 a gas undertaking owner or operator 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 or installation independent of a building and by each gas undertaking owner or operator;

(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.

Before making a regulation under subparagraph 16 or 17 of the first paragraph in respect of petroleum equipment installation contractors, the Board must obtain the opinion of the minister responsible for the Act respecting petroleum products and equipment. The minister’s opinion must be appended to his recommendation when the regulation is submitted to the Government for approval.

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.

1999-10-22

185. The Board may, by regulation:

(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 Building Code to the Board, and the form and content of such a certificate;

(2)  (paragraph replaced);

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 16 and 35, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building and the bodies or agencies empowered to approve or certify such buildings;

(2.3)  (paragraph 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)  (paragraph repealed);

(5)  determine the cases in which the owner of a building, facility intended for use by the public or installation independent of a building must furnish a certificate of conformity with the safety code, and the form and content of such a certificate;

(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 and its period of validity;

(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;

(5.3)  adopt standards of manufacture, erection, repair, modification and reconditioning of a pressure installation;

(5.4)  adopt standards of approval and registration 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 in which and the terms and conditions according to which the Board may approve a pressure installation before it is marketed or put back into service or a pressure installation that is to be used for other purposes than those for which it was originally intended;

(6)  (paragraph repealed);

(6.1)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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 or installations independent of a building by a person the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from an electrical installation, used in a plumbing installation or intended to use gas, where the apparatus is not certified or approved by a person 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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of 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 or renewal of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or legal person;

(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)  set the period of validity of a licence and the conditions and criteria for the issue, amendment or renewal of a licence, set the fees that may be demanded for such issue, amendment or renewal and determine in what cases it will charge the fees;

(17)  set the classes and subclasses of licences and the fees that may be demanded for each of those classes or subclasses of licences and determine in what cases it will charge the 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 entry dues, examination or evaluation fees for the issue, amendment or renewal of a licence and set the fees;

(18.1)  determine in what cases it will charge registration, examination or evaluation fees to a natural person referred to in section 58.1 and fix the amount of such fees;

(19)  limit the classes or subclasses of building work that an owner-builder may carry out or cause to be carried out on an electrical installation, gas installation or plumbing installation;

(19.1)  establish a system of demerit points under which the Board shall require additional fees from a contractor for the renewal of a licence and an additional levy, which system shall include a list of offences against this Act, the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R‐20), the Act respecting petroleum products and equipment (chapter P‐29.1), the Consumer Protection Act (chapter P‐40.1), and the Act respecting occupational health and safety (chapter S‐2.1) specifying the corresponding number of demerit points, and determine an increase in the fees payable for the renewal of a licence and the levy in proportion to the number of demerit points entered in a contractor’s file;

(19.2)  (paragraph 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 building 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

(a)  fix the standards of solvency he 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;

(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;

(19.6)  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 maximum 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;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of authorized persons, 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 gas undertaking owner or operator, a fixed amount or an amount in relation to the volume of gas 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 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 or installation independent of a building, 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 paragraphs 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 a gas undertaking owner or operator, as well as the time limit within which it must be forwarded;

(25)  prescribe, for the purposes of paragraph 23, the form and content of the report to be forwarded by the owner of a building, facility intended for use by the public or installation independent of a building, 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, a facility intended for use by the public or installation independent of a building 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 gas undertaking owner or operator shall forward to it an estimate of the volume of gas 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 a gas undertaking owner or operator 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 or installation independent of a building 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 sales register that each gas undertaking owner or operator 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 or installations independent of a building 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 a gas undertaking owner or operator 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 or installation independent of a building and by each gas undertaking owner or operator;

(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 paragraphs 5.2, 18, 18.1, 19.1, 20 and 36.1 and under paragraphs 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.

Before making a regulation under subparagraph 16 or 17 of the first paragraph in respect of petroleum equipment installation contractors, the Board must obtain the opinion of the minister responsible for the Act respecting petroleum products and equipment. The minister’s opinion must be appended to his recommendation when the regulation is submitted to the Government for approval.

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.

1998-06-20

185. The Board may, by regulation:

(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 Building Code to the Board, and the form and content of such a certificate;

(2)  (paragraph replaced);

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 16 and 35, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building and the bodies or agencies empowered to approve or certify such buildings;

(2.3)  (paragraph 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)  (paragraph repealed);

(5)  determine the cases in which the owner of a building, facility intended for use by the public or installation independent of a building must furnish a certificate of conformity with the safety code, and the form and content of such a certificate;

(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 and its period of validity;

(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;

(5.3)  adopt standards of manufacture, erection, repair, modification and reconditioning of a pressure installation;

(5.4)  adopt standards of approval and registration 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 in which and the terms and conditions according to which the Board may approve a pressure installation before it is marketed or put back into service or a pressure installation that is to be used for other purposes than those for which it was originally intended;

(6)  (paragraph repealed);

(6.1)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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 or installations independent of a building by a person the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from an electrical installation, used in a plumbing installation or intended to use gas, where the apparatus is not certified or approved by a person 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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of a partnership or corporation 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 corporation or natural person applying for the issue or renewal of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or corporation;

(14)  permit a natural person to hold a licence while applying for a licence on behalf of a partnership or corporation;

(15)  determine the cases where a partnership, corporation or natural person may hold more than one licence;

(16)  set the period of validity of a licence and the conditions and criteria for the issue, amendment or renewal of a licence, set the fees that may be demanded for such issue, amendment or renewal and determine in what cases it will charge the fees;

(17)  set the classes and subclasses of licences and the fees that may be demanded for each of those classes or subclasses of licences and determine in what cases it will charge the 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 entry dues, examination or evaluation fees for the issue, amendment or renewal of a licence and set the fees;

(18.1)  determine in what cases it will charge registration, examination or evaluation fees to a natural person referred to in section 58.1 and fix the amount of such fees;

(19)  limit the classes or subclasses of building work that an owner-builder may carry out or cause to be carried out on an electrical installation, gas installation or plumbing installation;

(19.1)  establish a system of demerit points under which the Board shall require additional fees from a contractor for the renewal of a licence and an additional levy, which system shall include a list of offences against this Act, the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20), the Act respecting petroleum products and equipment (chapter P-29.1), the Consumer Protection Act (chapter P-40.1), and the Act respecting occupational health and safety (chapter S-2.1) specifying the corresponding number of demerit points, and determine an increase in the fees payable for the renewal of a licence and the levy in proportion to the number of demerit points entered in a contractor’s file;

(19.2)  (paragraph 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 building 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

(a)  fix the standards of solvency he 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;

(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;

(19.6)  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 maximum 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;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of authorized persons, 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 gas undertaking owner or operator, a fixed amount or an amount in relation to the volume of gas 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 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 or installation independent of a building, 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 paragraphs 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 a gas undertaking owner or operator, as well as the time limit within which it must be forwarded;

(25)  prescribe, for the purposes of paragraph 23, the form and content of the report to be forwarded by the owner of a building, facility intended for use by the public or installation independent of a building, 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, a facility intended for use by the public or installation independent of a building 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 gas undertaking owner or operator shall forward to it an estimate of the volume of gas 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 a gas undertaking owner or operator 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 or installation independent of a building 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 sales register that each gas undertaking owner or operator 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 or installations independent of a building 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 a gas undertaking owner or operator 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 or installation independent of a building and by each gas undertaking owner or operator;

(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 paragraphs 5.2, 18, 18.1, 19.1, 20 and 36.1 and under paragraphs 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.

Before making a regulation under subparagraph 16 or 17 of the first paragraph in respect of petroleum equipment installation contractors, the Board must obtain the opinion of the minister responsible for the Act respecting petroleum products and equipment. The minister’s opinion must be appended to his recommendation when the regulation is submitted to the Government for approval.

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.

1997-01-15

185. The Board may, by regulation:

(1)  determine the provisions of a code or regulation which require the production of a certificate of conformity prescribed by sections 16 to 17.2 and 37.3, and the form and content of such certificates;

(2)  determine the cases in which a certificate of conformity prescribed by sections 16, 17 and 37.3 must be transmitted;

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 17.1, 17.2, 35 and 128.1, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building and the bodies or agencies empowered to approve or certify such buildings;

(2.3)  determine the fees payable by a subsequent purchaser who applies for a certificate of conformity pursuant to section 20;

(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)  (paragraph repealed);

(5)  determine the cases in which the owner of a building, facility intended for use by the public or installation independent of a building must furnish a certificate of conformity with the safety code, and the form and content of such a certificate;

(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 and its period of validity;

(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;

(5.3)  adopt standards of manufacture, erection, repair, modification and reconditioning of a pressure vessel;

(5.4)  adopt standards of approval and registration of a method of welding a pressure vessel, including the qualifications required of a person carrying out welding work on such a vessel;

(5.5)  determine the cases in which and the terms and conditions according to which the Board may approve a pressure vessel before it is marketed or put back into service or a pressure vessel that is to be used for other purposes than those for which it was originally intended;

(6)  (paragraph repealed);

(6.1)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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 or installations independent of a building by a person the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from an electrical installation, used in a plumbing installation or intended to use gas, where the apparatus is not certified or approved by a person 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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of a partnership or corporation 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 corporation or natural person applying for the issue or renewal of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or corporation;

(14)  permit a natural person to hold a licence while applying for a licence on behalf of a partnership or corporation;

(15)  determine the cases where a partnership, corporation or natural person may hold more than one licence;

(16)  set the period of validity of a licence and the conditions and criteria for the issue, amendment or renewal of a licence, set the fees that may be demanded for such issue, amendment or renewal and determine in what cases it will charge the fees;

(17)  set the classes and subclasses of licences and the fees that may be demanded for each of those classes or subclasses of licences and determine in what cases it will charge the fees;

(18)  determine in what cases it will charge entry dues, examination or evaluation fees for the issue, amendment or renewal of a licence and set the fees;

(18.1)  determine in what cases it will charge registration, examination or evaluation fees to a natural person referred to in section 58.1 and fix the amount of such fees;

(19)  limit the classes or subclasses of building work that an owner-builder may carry out or cause to be carried out on an electrical installation, gas installation or plumbing installation;

(19.1)  establish a system of demerit points under which the Board shall require additional fees from a contractor for the renewal of a licence and an additional levy, which system shall include a list of offences against this Act, the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20), the Consumer Protection Act (chapter P-40.1), and the Act respecting occupational health and safety (chapter S-2.1) specifying the corresponding number of demerit points, and determine an increase in the fees payable for the renewal of a licence and the levy in proportion to the number of demerit points entered in a contractor’s file;

(19.2)  determine the cases in which the Board shall pay the costs of a certificate produced under section 17.1, 17.2 or 128.1;

(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 or civil engineering structure;

(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 building 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

(a)  fix the standards of solvency he 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;

(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;

(19.6)  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 maximum 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;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of authorized persons, 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 gas undertaking owner or operator, a fixed amount or an amount in relation to the volume of gas 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 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 or use of the building, facility intended for use by the public or installation independent of a building, 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 paragraphs 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 a gas undertaking owner or operator, as well as the time limit within which it must be forwarded;

(25)  prescribe, for the purposes of paragraph 23, the form and content of the report to be forwarded by the owner of a building, facility intended for use by the public or installation independent of a building, 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, a facility intended for use by the public or installation independent of a building 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 gas undertaking owner or operator shall forward to it an estimate of the volume of gas 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 a gas undertaking owner or operator 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 or installation independent of a building 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 sales register that each gas undertaking owner or operator 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 or installations independent of a building 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 a gas undertaking owner or operator 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 or installation independent of a building and by each gas undertaking owner or operator;

(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 paragraphs 5.2, 18, 19.1, 20 and 36.1 and under paragraphs 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.

1996-12-23

185. The Board may, by regulation:

(1)  determine the provisions of a code or regulation which require the production of a certificate of conformity prescribed by sections 16 to 17.2 and 37.3, and the form and content of such certificates;

(2)  determine the cases in which a certificate of conformity prescribed by sections 16, 17 and 37.3 must be transmitted;

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 17.1, 17.2, 35 and 128.1, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building and the bodies or agencies empowered to approve or certify such buildings;

(2.3)  determine the fees payable by a subsequent purchaser who applies for a certificate of conformity pursuant to section 20;

(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)  (paragraph repealed);

(5)  determine the cases in which the owner of a building, facility intended for use by the public or installation independent of a building must furnish a certificate of conformity with the safety code, and the form and content of such a certificate;

(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 and its period of validity;

(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;

(5.3)  adopt standards of manufacture, erection, repair, modification and reconditioning of a pressure vessel;

(5.4)  adopt standards of approval and registration of a method of welding a pressure vessel, including the qualifications required of a person carrying out welding work on such a vessel;

(5.5)  determine the cases in which and the terms and conditions according to which the Board may approve a pressure vessel before it is marketed or put back into service or a pressure vessel that is to be used for other purposes than those for which it was originally intended;

(6)  (paragraph repealed);

(6.1)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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 or installations independent of a building by a person the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from an electrical installation, used in a plumbing installation or intended to use gas, where the apparatus is not certified or approved by a person 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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of a partnership or corporation 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 corporation or natural person applying for the issue or renewal of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or corporation;

(14)  permit a natural person to hold a licence while applying for a licence on behalf of a partnership or corporation;

(15)  determine the cases where a partnership, corporation or natural person may hold more than one licence;

(16)  set the period of validity of a licence and the conditions and criteria for the issue, amendment or renewal of a licence, set the fees that may be demanded for such issue, amendment or renewal and determine in what cases it will charge the fees;

(17)  set the classes and subclasses of licences and the fees that may be demanded for each of those classes or subclasses of licences and determine in what cases it will charge the fees;

(18)  determine in what cases it will charge entry dues, examination or evaluation fees for the issue, amendment or renewal of a licence and set the fees;

(19)  limit the classes or subclasses of building work that an owner-builder may carry out or cause to be carried out on an electrical installation, gas installation or plumbing installation;

(19.1)  establish a system of demerit points under which the Board shall require additional fees from a contractor for the renewal of a licence and an additional levy, which system shall include a list of offences against this Act, the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20), the Consumer Protection Act (chapter P-40.1), and the Act respecting occupational health and safety (chapter S-2.1) specifying the corresponding number of demerit points, and determine an increase in the fees payable for the renewal of a licence and the levy in proportion to the number of demerit points entered in a contractor’s file;

(19.2)  determine the cases in which the Board shall pay the costs of a certificate produced under section 17.1, 17.2 or 128.1;

(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 or civil engineering structure;

(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 building 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

(a)  fix the standards of solvency he 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;

(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;

(19.6)  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 maximum 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;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of authorized persons, 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 gas undertaking owner or operator, a fixed amount or an amount in relation to the volume of gas 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 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 or use of the building, facility intended for use by the public or installation independent of a building, 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 paragraphs 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 a gas undertaking owner or operator, as well as the time limit within which it must be forwarded;

(25)  prescribe, for the purposes of paragraph 23, the form and content of the report to be forwarded by the owner of a building, facility intended for use by the public or installation independent of a building, 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, a facility intended for use by the public or installation independent of a building 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 gas undertaking owner or operator shall forward to it an estimate of the volume of gas 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 a gas undertaking owner or operator 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 or installation independent of a building 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 sales register that each gas undertaking owner or operator 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 or installations independent of a building 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 a gas undertaking owner or operator 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 or installation independent of a building and by each gas undertaking owner or operator;

(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 paragraphs 5.2, 18, 19.1, 20 and 36.1 and under paragraphs 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.

1995-12-11

185. The Board may, by regulation:

(1)  determine the provisions of a code or regulation which require the production of a certificate of conformity prescribed by sections 16 to 17.2 and 37.3, and the form and content of such certificates;

(2)  determine the cases in which a certificate of conformity prescribed by sections 16, 17 and 37.3 must be transmitted;

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 17.1, 17.2, 35 and 128.1, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building and the bodies or agencies empowered to approve or certify such buildings;

(2.3)  determine the fees payable by a subsequent purchaser who applies for a certificate of conformity pursuant to section 20;

(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)  (paragraph repealed);

(5)  determine the cases in which the owner of a building, facility intended for use by the public or installation independent of a building must furnish a certificate of conformity with the safety code, and the form and content of such a certificate;

(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 and its period of validity;

(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;

(5.3)  adopt standards of manufacture, erection, repair, modification and reconditioning of a pressure vessel;

(5.4)  adopt standards of approval and registration of a method of welding a pressure vessel, including the qualifications required of a person carrying out welding work on such a vessel;

(5.5)  determine the cases in which and the terms and conditions according to which the Board may approve a pressure vessel before it is marketed or put back into service or a pressure vessel that is to be used for other purposes than those for which it was originally intended;

(6)  (paragraph repealed);

(6.1)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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 or installations independent of a building by a person the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from an electrical installation, used in a plumbing installation or intended to use gas, where the apparatus is not certified or approved by a person 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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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 or other method of evaluation;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of a partnership or corporation 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 corporation or natural person applying for the issue or renewal of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or corporation;

(14)  permit a natural person to hold a licence while applying for a licence on behalf of a partnership or corporation;

(15)  determine the cases where a partnership, corporation or natural person may hold more than one licence;

(16)  set the period of validity of a licence or temporary licence and the conditions and criteria for the issue, amendment or renewal of a licence or a temporary permit, set the fees that may be demanded for such issue, amendment or renewal and determine in what cases it will charge the fees;

(17)  set the classes and subclasses of licences and the fees that may be demanded for each of those classes or subclasses of licences and determine in what cases it will charge the fees;

(18)  determine in what cases it will charge entry dues, examination or evaluation fees for the issue, amendment or renewal of a licence or temporary licence and set the fees;

(19)  limit the classes or subclasses of building work that an owner-builder may carry out or cause to be carried out on an electrical installation, gas installation or plumbing installation;

(19.1)  establish a system of demerit points under which the Board shall require additional fees from a contractor for the renewal of a licence and an additional levy, which system shall include a list of offences against this Act, the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20), the Consumer Protection Act (chapter P-40.1), and the Act respecting occupational health and safety (chapter S-2.1) specifying the corresponding number of demerit points, and determine an increase in the fees payable for the renewal of a licence and the levy in proportion to the number of demerit points entered in a contractor’s file;

(19.2)  determine the cases in which the Board shall pay the costs of a certificate produced under section 17.1, 17.2 or 128.1;

(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 or civil engineering structure;

(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 building 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

(a)  fix the standards of solvency he 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;

(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;

(19.6)  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 maximum 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;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of authorized persons, 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 gas undertaking owner or operator, a fixed amount or an amount in relation to the volume of gas 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 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 or use of the building, facility intended for use by the public or installation independent of a building, 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 paragraphs 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 a gas undertaking owner or operator, as well as the time limit within which it must be forwarded;

(25)  prescribe, for the purposes of paragraph 23, the form and content of the report to be forwarded by the owner of a building, facility intended for use by the public or installation independent of a building, 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, a facility intended for use by the public or installation independent of a building 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 gas undertaking owner or operator shall forward to it an estimate of the volume of gas 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 a gas undertaking owner or operator 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 or installation independent of a building 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 sales register that each gas undertaking owner or operator 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 or installations independent of a building 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 a gas undertaking owner or operator 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 or installation independent of a building and by each gas undertaking owner or operator;

(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 paragraphs 5.2, 18, 19.1, 20 and 36.1 and under paragraphs 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.

1992-02-01

185. The Board may, by regulation:

(1)  determine the provisions of a code or regulation which require the production of a certificate of conformity prescribed by sections 16 to 17.2 and 37.3, and the form and content of such certificates;

(2)  determine the cases in which a certificate of conformity prescribed by sections 16, 17 and 37.3 must be transmitted;

(2.1)  determine the criteria allowing the Board to recognize a person for the purposes of sections 17.1, 17.2, 35 and 128.1, the conditions and requirements that such a person must meet and the grounds on which the Board may revoke its recognition;

(2.2)  determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building and the bodies or agencies empowered to approve or certify such buildings;

(2.3)  determine the fees payable by a subsequent purchaser who applies for a certificate of conformity pursuant to section 20;

(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)  (paragraph repealed);

(5)  determine the cases in which the owner of a building, facility intended for use by the public or installation independent of a building must furnish a certificate of conformity with the safety code, and the form and content of such a certificate;

(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 and its period of validity;

(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;

(5.3)  adopt standards of manufacture, erection, repair, modification and reconditioning of a pressure vessel;

(5.4)  adopt standards of approval and registration of a method of welding a pressure vessel, including the qualifications required of a person carrying out welding work on such a vessel;

(5.5)  determine the cases in which and the terms and conditions according to which the Board may approve a pressure vessel before it is marketed or put back into service or a pressure vessel that is to be used for other purposes than those for which it was originally intended;

(6)  (paragraph repealed);

(6.1)  adopt standards relating to vehicle-mounted installations intended for the storage or distribution of gas;

(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 or installations independent of a building by a person the Board designates;

(6.3)  prohibit the sale, lease or exhibition of apparatus intended to be supplied from an electrical installation, used in a plumbing installation or intended to use gas, where the apparatus is not certified or approved by a person 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)  require, in the cases and in accordance with the conditions that it may determine, the preparation of plans and specifications and their forwarding to the Board and determine from whom such plans and specifications are required;

(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 or other method of evaluation;

(10)  determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or on behalf of a partnership or corporation 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 corporation or natural person applying for the issue or renewal of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide;

(12)  determine the cases where a person other than an officer may apply for a licence on behalf of a partnership or legal person;

(13)  permit a natural person to apply for a licence on behalf of more than one partnership or corporation;

(14)  permit a natural person to hold a licence while applying for a licence on behalf of a partnership or corporation;

(15)  determine the cases where a partnership, corporation or natural person may hold more than one licence;

(16)  set the period of validity of a licence or temporary licence and the conditions and criteria for the issue, amendment or renewal of a licence or a temporary permit, set the fees that may be demanded for such issue, amendment or renewal and determine in what cases it will charge the fees;

(17)  set the classes and subclasses of licences and the fees that may be demanded for each of those classes or subclasses of licences and determine in what cases it will charge the fees;

(18)  determine in what cases it will charge entry dues, examination or evaluation fees for the issue, amendment or renewal of a licence or temporary licence and set the fees;

(19)  limit the classes or subclasses of building work that an owner-builder may carry out or cause to be carried out on an electrical installation, gas installation or plumbing installation;

(19.1)  establish a system of demerit points under which the Board shall require additional fees from a contractor for the renewal of a licence and an additional levy, which system shall include a list of offences against this Act, the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20), the Consumer Protection Act (chapter P-40.1), and the Act respecting occupational health and safety (chapter S-2.1) specifying the corresponding number of demerit points, and determine an increase in the fees payable for the renewal of a licence and the levy in proportion to the number of demerit points entered in a contractor’s file;

(19.2)  determine the cases in which the Board shall pay the costs of a certificate produced under section 17.1, 17.2 or 128.1;

(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 or civil engineering structure;

(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 building 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

(a)  fix the standards of solvency he 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;

(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)  require, in the case of a corporation, that it have a place of business in Québec;

(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;

(19.6)  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 maximum 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;

(20)  determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of authorized persons, 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 gas undertaking owner or operator, a fixed amount or an amount in relation to the volume of gas 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 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 or use of the building, facility intended for use by the public or installation independent of a building, 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 paragraphs 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 a gas undertaking owner or operator, as well as the time limit within which it must be forwarded;

(25)  prescribe, for the purposes of paragraph 23, the form and content of the report to be forwarded by the owner of a building, facility intended for use by the public or installation independent of a building, 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, a facility intended for use by the public or installation independent of a building 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 gas undertaking owner or operator shall forward to it an estimate of the volume of gas 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 a gas undertaking owner or operator 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 or installation independent of a building 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 sales register that each gas undertaking owner or operator 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 or installations independent of a building 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 a gas undertaking owner or operator 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 or installation independent of a building and by each gas undertaking owner or operator;

(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 paragraphs 5.2, 18, 19.1, 20 and 36.1 and under paragraphs 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.