R-20 - Act respecting labour relations, vocational training and workforce management in the construction industry

Section 1 Disposition versions

2024-05-28

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any group of construction employees not constituted as a legal person, a trades council, a provincial trades council or a federation or confederation of such unions, groups or councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association des professionnels de la construction et de l’habitation du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association des professionnels de la construction et de l’habitation du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  (subparagraph repealed);

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition work on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between the negotiating parties of that sector;

(h)  (subparagraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(i.1)  “recognized client” : an enterprise that is the client of an employer, or an association of such enterprises, recognized by the Minister for the purpose of the consultation held under section 41.2.1, after consultation with the Minister of Economy and Innovation;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a person or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the legal person or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(p.2)  “immigrant” : a permanent resident or a foreign national;

(p.3)  “person who is representative of the diversity of Québec society” : an Indigenous person, a person belonging to a visible or ethnic minority, an immigrant or a person with a disability;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (subparagraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings or complexes of adjoining buildings, including installations and equipment physically attached or not to the buildings, at least 85% of the area of which, excluding parking space, is reserved for residential use, and the number of aboveground storeys of which, excluding any part of the basement and reckoned from any side of the building or complex, does not exceed six in the case of new buildings or eight in other cases.

Subparagraphs v to y of the first paragraph do not apply to the determination of the scope of this Act.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1; 1995, c. 8, s. 1; 1996, c. 29, s. 43; 1999, c. 13, s. 8; 1999, c. 40, s. 257; 2011, c. 30, s. 1; 2014, c. 18, s. 4; 2019, c. 29, s. 1; 2024, c. 19, s. 1.

2019-12-11

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any group of construction employees not constituted as a legal person, a trades council, a provincial trades council or a federation or confederation of such unions, groups or councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association des professionnels de la construction et de l’habitation du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association des professionnels de la construction et de l’habitation du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  (subparagraph repealed);

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition work on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between the negotiating parties of that sector;

(h)  (subparagraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(i.1)  “recognized client” : an enterprise that is the client of an employer, or an association of such enterprises, recognized by the Minister for the purpose of the consultation held under section 42, after consultation with the Minister of Economy and Innovation;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a person or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the legal person or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (subparagraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings or complexes of adjoining buildings, including installations and equipment physically attached or not to the buildings, at least 85% of the area of which, excluding parking space, is reserved for residential use, and the number of aboveground storeys of which, excluding any part of the basement and reckoned from any side of the building or complex, does not exceed six in the case of new buildings or eight in other cases.

Subparagraphs v to y of the first paragraph do not apply to the determination of the scope of this Act.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1; 1995, c. 8, s. 1; 1996, c. 29, s. 43; 1999, c. 13, s. 8; 1999, c. 40, s. 257; 2011, c. 30, s. 1; 2014, c. 18, s. 4; 2019, c. 29, s. 1.

2014-12-05

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any group of construction employees not constituted as a legal person, a trades council, a provincial trades council or a federation or confederation of such unions, groups or councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association des professionnels de la construction et de l’habitation du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association des professionnels de la construction et de l’habitation du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  (subparagraph repealed);

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition work on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between the negotiating parties of that sector;

(h)  (subparagraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(i.1)  “recognized client” : an enterprise that is the client of an employer, or an association of such enterprises, recognized by the Minister for the purpose of the consultation held under section 42, after consultation with the Minister of Economic Development, Innovation and Export Trade;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a person or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the legal person or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (subparagraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings or complexes of adjoining buildings, including installations and equipment physically attached or not to the buildings, at least 85% of the area of which, excluding parking space, is reserved for residential use, and the number of aboveground storeys of which, excluding any part of the basement and reckoned from any side of the building or complex, does not exceed six in the case of new buildings or eight in other cases.

Subparagraphs v to y of the first paragraph do not apply to the determination of the scope of this Act.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1; 1995, c. 8, s. 1; 1996, c. 29, s. 43; 1999, c. 13, s. 8; 1999, c. 40, s. 257; 2011, c. 30, s. 1; 2014, c. 18, s. 4.

2011-12-02

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any group of construction employees not constituted as a legal person, a trades council, a provincial trades council or a federation or confederation of such unions, groups or councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association provinciale des constructeurs d’habitations du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  (subparagraph repealed);

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition work on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between the negotiating parties of that sector;

(h)  (subparagraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(i.1)  “recognized client” : an enterprise that is the client of an employer, or an association of such enterprises, recognized by the Minister for the purpose of the consultation held under section 42, after consultation with the Minister of Economic Development, Innovation and Export Trade;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a person or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the legal person or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (subparagraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings or complexes of adjoining buildings, including installations and equipment physically attached or not to the buildings, at least 85% of the area of which, excluding parking space, is reserved for residential use, and the number of aboveground storeys of which, excluding any part of the basement and reckoned from any side of the building or complex, does not exceed six in the case of new buildings or eight in other cases.

Subparagraphs v to y of the first paragraph do not apply to the determination of the scope of this Act.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1; 1995, c. 8, s. 1; 1996, c. 29, s. 43; 1999, c. 13, s. 8; 1999, c. 40, s. 257; 2011, c. 30, s. 1.

1999-10-22

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any group of construction employees not constituted as a legal person, a trades council, a provincial trades council or a federation or confederation of such unions, groups or councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association provinciale des constructeurs d’habitations du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition work on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between the negotiating parties of that sector;

(h)  (paragraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a person or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the legal person or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings or complexes of adjoining buildings, including installations and equipment physically attached or not to the buildings, at least 85% of the area of which, excluding parking space, is reserved for residential use, and the number of aboveground storeys of which, excluding any part of the basement and reckoned from any side of the building or complex, does not exceed six in the case of new buildings or eight in other cases.

Subparagraphs v to y of the first paragraph do not apply to the determination of the scope of this Act.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1; 1995, c. 8, s. 1; 1996, c. 29, s. 43; 1999, c. 13, s. 8; 1999, c. 40, s. 257.

1999-09-08

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a trades council, a provincial trades council or a federation or confederation of such unions, groups or councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association provinciale des constructeurs d’habitations du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between the negotiating parties of that sector;

(h)  (paragraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a natural person, a corporation or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the corporation or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings or complexes of adjoining buildings, including installations and equipment physically attached or not to the buildings, at least 85 % of the area of which, excluding parking space, is reserved for residential use, and the number of aboveground storeys of which, excluding any part of the basement and reckoned from any side of the building or complex, does not exceed six in the case of new buildings or eight in other cases.

Subparagraphs v to y of the first paragraph do not apply to the determination of the scope of this Act.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1; 1995, c. 8, s. 1; 1996, c. 29, s. 43; 1999, c. 13, s. 8.

1996-06-20

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association provinciale des constructeurs d’habitations du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between the negotiating parties of that sector;

(h)  (paragraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a natural person, a corporation or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the corporation or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings or complexes of adjoining buildings, including installations and equipment physically attached or not to the buildings, at least 85 % of the area of which, excluding parking space, is reserved for residential use, and the number of aboveground storeys of which, excluding any part of the basement and reckoned from any side of the building or complex, does not exceed six in the case of new buildings or eight in other cases.

Subparagraphs v to y of the first paragraph do not apply to the determination of the scope of this Act.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1; 1995, c. 8, s. 1; 1996, c. 29, s. 43.

1995-02-08

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association provinciale des constructeurs d’habitations du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between the negotiating parties of that sector;

(h)  (paragraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a natural person, a corporation or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the corporation or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Employment;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings or complexes of adjoining buildings, including installations and equipment physically attached or not to the buildings, at least 85 % of the area of which, excluding parking space, is reserved for residential use, and the number of aboveground storeys of which, excluding any part of the basement and reckoned from any side of the building or complex, does not exceed six in the case of new buildings or eight in other cases.

Subparagraphs v to y of the first paragraph do not apply to the determination of the scope of this Act.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1; 1995, c. 8, s. 1.

1995-01-01

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association provinciale des constructeurs d’habitations du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between one or more representative associations of employees and the employers’ association mandated for that purpose by a sector-based employers’ association;

(h)  (paragraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a natural person, a corporation or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the corporation or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Employment;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, more than 75 % of the area of which, excluding parking space, is reserved for residential use.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1.

1994-06-17

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association provinciale des constructeurs d’habitations du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

In force: 1994-07-01

(g)  “collective agreement” : an agreement in writing respecting the conditions of employment made for a sector between one or more representative associations of employees and the employers’ association mandated for that purpose by a sector-based employers’ association;

(h)  “decree” : an order-in-council adopted under this Act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

In force: 1994-07-01

(i)  “dispute” : a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(k.1)  “independent contractor” : a natural person, a corporation or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the corporation or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Employment;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, more than 75 % of the area of which, excluding parking space, is reserved for residential use.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51.

1994-01-01

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association provinciale des constructeurs d’habitations du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

In force: 1994-07-01

(g)  “collective agreement” : an agreement in writing respecting the conditions of employment made for a sector between one or more representative associations of employees and the employers’ association mandated for that purpose by a sector-based employers’ association;

(h)  “decree” : an order-in-council adopted under this Act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

In force: 1994-07-01

(i)  “dispute” : a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(k.1)  “independent contractor” : a natural person, a corporation or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the corporation or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, more than 75 % of the area of which, excluding parking space, is reserved for residential use.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1.

1992-06-23

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement” : an agreement in writing respecting conditions of employment made with a view to a decree between one or more representative associations of employees and the employers’ association;

(h)  “decree” : an order-in-council adopted under this Act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

(i)  “dispute” : a disagreement respecting the negotiation of a collective agreement;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(k.1)  “independent contractor” : a natural person, a corporation or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the corporation or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62, or, failing a decree, any disagreement respecting the interpretation or application of a collective agreement;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed).

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1.

1992-02-01

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction de Montréal et du Québec, the Fédération de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement” : an agreement in writing respecting conditions of employment made with a view to a decree between one or more representative associations of employees and the employers’ association;

(h)  “decree” : an order-in-council adopted under this Act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

(i)  “dispute” : a disagreement respecting the negotiation of a collective agreement;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(k.1)  “independent contractor” : a contractor holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1), who carries out personnally, for others and without the assistance of employees,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62, or, failing a decree, any disagreement respecting the interpretation or application of a collective agreement;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed).

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162.

1989-01-01

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction de Montréal et du Québec, the Fédération de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement” : an agreement in writing respecting conditions of employment made with a view to a decree between one or more representative associations of employees and the employers’ association;

(h)  “decree” : an order-in-council adopted under this Act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

(i)  “dispute” : a disagreement respecting the negotiation of a collective agreement;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(k.1)  “independent contractor” : a contractor holding a specialized contractor’s licence issued under the Act respecting building contractors vocational qualifications (chapter Q-1), who carries out personnally, for others and without the assistance of employees,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62, or, failing a decree, any disagreement respecting the interpretation or application of a collective agreement;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed).

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1.

1987-01-01

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction de Montréal et du Québec, the Fédération de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement” : an agreement in writing respecting conditions of employment made with a view to a decree between one or more representative associations of employees and the employers’ association;

(h)  “decree” : an order-in-council adopted under this Act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

(i)  “dispute” : a disagreement respecting the negotiation of a collective agreement;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62, or, failing a decree, any disagreement respecting the interpretation or application of a collective agreement;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who does production work in an establishment;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  “skilled tradesman” : a natural person operating on his own account who, by himself, carries out construction work for other persons, without the assistance of employees.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50.

1982-12-16

1. In this act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the board has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(d)  “board” : the Office de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement” : an agreement in writing respecting conditions of employment made with a view to a decree between one or more representative associations of employees and the employers’ association;

(h)  “decree” : an order-in-council adopted under this act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

(i)  “dispute” : a disagreement respecting the negotiation of a collective agreement;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62, or, failing a decree, any disagreement respecting the interpretation or application of a collective agreement;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who does production work in an establishment;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  “skilled tradesman” : a natural person operating on his own account who, by himself, carries out construction work for other persons, without the assistance of employees.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56.

1981-06-18

1. In this act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the board has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(d)  “board” : the Office de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement” : an agreement in writing respecting conditions of employment made with a view to a decree between one or more representative associations of employees and the employers’ association;

(h)  “decree” : an order-in-council adopted under this act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

(i)  “dispute” : a disagreement respecting the negotiation of a collective agreement;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62, or, failing a decree, any disagreement respecting the interpretation or application of a collective agreement;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour, Manpower and Income Security;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who does production work in an establishment;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  “skilled tradesman” : a natural person operating on his own account who, by himself, carries out construction work for other persons, without the assistance of employees.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34.

1979-12-12

1. In this act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the board has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(d)  “board” : the Office de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement” : an agreement in writing respecting conditions of employment made with a view to a decree between one or more representative associations of employees and the employers’ association;

(h)  “decree” : an order-in-council adopted under this act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

(i)  “dispute” : a disagreement respecting the negotiation of a collective agreement;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62, or, failing a decree, any disagreement respecting the interpretation or application of a collective agreement;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour and Manpower;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who does production work in an establishment;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  “skilled tradesman” : a natural person operating on his own account who, by himself, carries out construction work for other persons, without the assistance of employees.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16.

1977-12-31

1. In this act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a federation or confederation of such unions or groups, a trades council, a provincial trades council or a federation of such councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the board has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(d)  “board” : the Office de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement” : an agreement in writing respecting conditions of employment made with a view to a decree between one or more representative associations of employees and the employers’ association;

(h)  “decree” : an order-in-council adopted under this act and making obligatory or amending a collective agreement or amending, extending or repealing a decree;

(i)  “dispute” : a disagreement respecting the negotiation of a collective agreement;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a decree, or, failing a decree, of a collective agreement;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62, or, failing a decree, any disagreement respecting the interpretation or application of a collective agreement;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour and Manpower;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a decree;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman, artisan, clerk or employee, working individually or in a crew or in partnership;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who does production work in an establishment;

(t)  “complementary social benefits plan” : a social security plan established by a decree or a regulation to carry out a decree, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14.