B-1.1 - Building Act

Section 70 Disposition versions

2020-01-10

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2018-09-04

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2011-12-09

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

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

(2)  does not satisfy one of the conditions set by this Act for obtaining a licence;

(3)  has falsified or misrepresented facts related to his application for a licence;

(3.1)  has not informed the Board as required under section 67;

(3.2)  enters into a contract for the loan of money with a lender even though he was notified by the Board that the lender or an officer of the lender was convicted of an offence under paragraph 2 of section 194 or was convicted of an offence under a fiscal law or an indictable offence connected with the lender’s business, or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46), unless he has obtained a pardon;

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

(4)  has not given effect, to the Board’s satisfaction, to an order issued under section 123 enjoining him to comply with the Construction Code (chapter B-1.1, r. 2);

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

(6)  has its solvency endangered by the bankruptcy of one of its officers;

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

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

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

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

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

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

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

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

2010-06-24

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

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

(2)  does not satisfy one of the conditions set by this Act for obtaining a licence;

(3)  has falsified or misrepresented facts related to his application for a licence;

(3.1)  has not informed the Board as required under section 67;

(3.2)  enters into a contract for the loan of money with a lender even though he was notified by the Board that the lender or an officer of the lender was convicted of an offence under paragraph 2 of section 194 or was convicted of an offence under a fiscal law or an indictable offence connected with the lender’s business, or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46), unless he has obtained a pardon;

(4)  has not given effect, to the Board’s satisfaction, to an order issued under section 123 enjoining him to comply with the Building Code;

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

(6)  has its solvency endangered by the bankruptcy of one of its officers;

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

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

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

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

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

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

For the purposes of subparagraph 3.2 of the first paragraph in respect of an offence under a fiscal law, the Board shall consider whether the serious nature of the offence or the frequency of offences justifies the issue of a notice.

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

1985, c. 34, s. 70; 1990, c. 4, s. 96; 1991, c. 74, s. 37, s. 169; 1998, c. 46, s. 24; 2005, c. 22, s. 10, s. 47; 2007, c. 3, s. 72; 2005, c. 22, s. 10; 2009, c. 57, s. 6.

2008-06-25

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

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

(2)  does not satisfy one of the conditions set by this Act for obtaining a licence;

(3)  has falsified or misrepresented facts related to his application for a licence;

(3.1)  has not informed the Board as required under section 67;

(4)  has not given effect, to the Board’s satisfaction, to an order issued under section 123 enjoining him to comply with the Building Code;

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

(6)  has its solvency endangered by the bankruptcy of one of its officers;

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

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

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

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

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

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

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

1985, c. 34, s. 70; 1990, c. 4, s. 96; 1991, c. 74, s. 37, s. 169; 1998, c. 46, s. 24; 2005, c. 22, s. 10, s. 47; 2007, c. 3, s. 72; 2005, c. 22, s. 10.

2007-06-08

70. The Board may suspend, cancel or refuse to renew a licence where the licence holder:

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

(2)  does not satisfy one of the conditions set by this Act for obtaining a licence;

(3)  has falsified or misrepresented facts related to his application for a licence;

(3.1)  has not informed the Board as required under section 67;

(4)  has not given effect, to the Board’s satisfaction, to an order issued under section 123 enjoining him to comply with the Building Code;

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

(6)  has its solvency endangered by the bankruptcy of one of its officers;

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

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

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

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

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

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

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

1985, c. 34, s. 70; 1990, c. 4, s. 96; 1991, c. 74, s. 37, s. 169; 1998, c. 46, s. 24; 2005, c. 22, s. 10, s. 47; 2007, c. 3, s. 72.

2005-12-01

70. The Board may suspend, cancel or refuse to renew a licence where the licence holder:

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

(2)  does not satisfy one of the conditions set by this Act for obtaining a licence;

(3)  has falsified or misrepresented facts related to his application for a licence;

(3.1)  has not informed the Board as required under section 67;

(4)  has not given effect, to the Board’s satisfaction, to an order issued under section 123 enjoining him to comply with the Building Code;

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

(6)  has its solvency endangered by the bankruptcy of one of its officers;

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

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

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

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

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

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

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

1985, c. 34, s. 70; 1990, c. 4, s. 96; 1991, c. 74, s. 37, s. 169; 1998, c. 46, s. 24; 2005, c. 22, s. 10, s. 47.

1998-06-20

70. The Board may suspend, cancel or refuse to renew a licence where the licence holder:

(1)  has been convicted of an offence under the list of offences of the demerit points system, if the serious nature or frequency of the offence justifies the suspension, cancellation or refusal to renew;

(2)  does not satisfy one of the conditions set by this Act for obtaining a licence;

(3)  has falsified or misrepresented facts related to his application for a licence;

(4)  has not given effect, to the Board’s satisfaction, to an order issued under section 123 enjoining him to comply with the Building Code;

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

(6)  has its solvency endangered by the bankruptcy of one of its officers;

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

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

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

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

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

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

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

1985, c. 34, s. 70; 1990, c. 4, s. 96; 1991, c. 74, s. 37, s. 169; 1998, c. 46, s. 24.

1992-02-01

70. The Board may suspend, cancel or refuse to renew a licence where the licence holder:

(1)  has been convicted of an offence under the list of offences of the demerit points system, if the serious nature or frequency of the offence justifies the suspension, cancellation or refusal to renew;

(2)  does not satisfy one of the conditions set by this Act for obtaining a licence;

(3)  has falsified or misrepresented facts related to his application for a licence;

(4)  has not given effect, to the Board’s satisfaction, to an order issued under section 123 enjoining him to comply with the Building Code;

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

(6)  has its solvency endangered by the bankruptcy of one of its officers;

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

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

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

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

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

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

1985, c. 34, s. 70; 1990, c. 4, s. 96; 1991, c. 74, s. 37, s. 169.

1990-10-01

70. The Commission may suspend, cancel or refuse to renew a licence where the licence holder:

(1)  has been convicted of an offence under this Act, the Consumer Protection Act (chapter P-40.1), or the Act respecting occupational health and safety (chapter S-2.1), where in the Commission’s opinion the seriousness or the frequency of the offences so warrants;

(2)  does not satisfy one of the conditions set by this Act for obtaining a licence;

(3)  has falsified or misrepresented facts related to his application for a licence;

(4)  has not given effect, to the Commission’s satisfaction, to an order issued under section 123 enjoining him to comply with the Building Code;

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

(6)  has its solvency endangered by the bankruptcy of one of its officers;

(7)  has carried out or caused to be carried out building work for which compensation was paid under a guaranty plan covered by section 80, and where the holder has not reimbursed the administrator of the plan.

1985, c. 34, s. 70; 1990, c. 4, s. 96.