Q-1 - Act respecting building contractors vocational qualifications

Section 34 Disposition versions

1979-02-15

34. The board may, by regulation, require security of every contractor who carries or causes the carrying out of construction work of a category established by regulation and related to a residential building contemplated by regulation. The security of the contractor guarantees the fulfilment of his obligations toward his clients, as determined by regulation and to the extent provided for therein.

It may also, by regulation, require security for such work in view of indemnifying the clients of the contractor to the extent provided for by regulation, in case of fraud, bankruptcy or insolvency on his part; the regulation may provide that such indemnification shall be made as the surety may choose, either by the payment of a sum of money or by the carrying out of the work.

The board shall, by regulation, determine the terms and conditions, amounts and form of such security.

Where the board is of opinion that it is expedient to replace such security, it may, by regulation, set up an indemnity fund for the same purposes and provide the terms and conditions of administration and use of that fund and, if necessary, the transitional terms and conditions governing the initial period of operation of the fund, taking account of the security already furnished under this section. The contractors shall then subscribe or otherwise contribute to the indemnity fund in the manner provided for by regulation.

1975, c. 53, s. 34; 1979, c. 2, s. 8.

1977-12-31

34. When the board deems that, in a sector of the construction industry, owners are not sufficiently protected, it may by regulation require the categories of contractors indicated by it to furnish security when applying for a licence, as a guarantee that the construction work will be completed in conformity with the contracts made with the owners.

The board may also require from any person applying for a licence security payable to the Minister of Finance, the amount and the terms and conditions of which are determined by regulation, to indemnify the owner in the case of fraud or fraudulent misuse or misappropriation of funds.

If such securtity consists of a cash deposit or bearer debentures, it must be deposited at the head office or the other office of the board, which shall then remit it to the Minister of Finance; it shall be unassignable and unseizable.

The terms and conditions, the amounts and the forms of the security exigible from the different categories of contractors, as well as the cases where the board may declare the security forfeit, and the manner in which it shall then be disposed of, shall be determined by regulation.

1975, c. 53, s. 34.