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

Section 123 Disposition versions

2024-07-17

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in what cases, subject to what terms and conditions, and for how long a licence issued under the Building Act (chapter B-1.1) is to contain a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to by the contractor;

(8.4)  (subparagraph repealed);

(8.5)  determine, after consultation with the Comité consultatif du travail et de la main-d’oeuvre established under section 12.1 of the Act respecting the Ministère du Travail (chapter M-32.2), the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(8.6)  determine the method of operation of the labour-referral service for the construction industry, as well as the conditions, restrictions and prohibitions applicable to its use by the employers or the categories of employers the Government determines, employees and holders of a labour-referral service licence;

(8.7)  provide for the issue of labour-referral service licences and, more particularly, determine categories of licences, their terms, and any conditions, restrictions or prohibitions pertaining to their issue, the activities they permit or their maintenance, the penalties applicable for failure to comply with applicable conditions, restrictions or prohibitions, the proceedings that may be brought before the Administrative Labour Tribunal, and any element of procedure specific to such proceedings;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission, or to determine conditions for the issue of such a certificate by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72; 2006, c. 58, s. 49; 2005, c. 22, s. 52; 2009, c. 16, s. 7; 2011, c. 12, s. 4; 2011, c. 16, s. 88; 2011, c. 30, s. 66; 2014, c. 18, s. 6; 2015, c. 15, s. 237; 2023, c. 24, s. 191.

2016-01-01

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in what cases, subject to what terms and conditions, and for how long a licence issued under the Building Act (chapter B-1.1) is to contain a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to by the contractor;

(8.4)  (subparagraph repealed);

(8.5)  determine, after consultation with the Comité consultatif du travail et de la main-d’oeuvre established under section 12.1 of the Act respecting the Ministère du Travail (chapter M-32.2), the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(8.6)  determine the method of operation of the labour-referral service for the construction industry, as well as the conditions, restrictions and prohibitions applicable to its use by the employers or the categories of employers the Government determines, employees and holders of a labour-referral service licence;

(8.7)  provide for the issue of labour-referral service licences and, more particularly, determine categories of licences, their terms, and any conditions, restrictions or prohibitions pertaining to their issue, the activities they permit or their renewal, the penalties applicable for failure to comply with applicable conditions, restrictions or prohibitions, the proceedings that may be brought before the Administrative Labour Tribunal, and any element of procedure specific to such proceedings;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission, or to determine conditions for the issue of such a certificate by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72; 2006, c. 58, s. 49; 2005, c. 22, s. 52; 2009, c. 16, s. 7; 2011, c. 12, s. 4; 2011, c. 16, s. 88; 2011, c. 30, s. 66; 2014, c. 18, s. 6; 2015, c. 15, s. 237.

2014-12-05

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in what cases, subject to what terms and conditions, and for how long a licence issued under the Building Act (chapter B-1.1) is to contain a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to by the contractor;

(8.4)  (subparagraph repealed);

(8.5)  determine, after consultation with the Comité consultatif du travail et de la main-d’oeuvre established under section 12.1 of the Act respecting the Ministère du Travail (chapter M-32.2), the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(8.6)  determine the method of operation of the labour-referral service for the construction industry, as well as the conditions, restrictions and prohibitions applicable to its use by the employers or the categories of employers the Government determines, employees and holders of a labour-referral service licence;

(8.7)  provide for the issue of labour-referral service licences and, more particularly, determine categories of licences, their terms, and any conditions, restrictions or prohibitions pertaining to their issue, the activities they permit or their renewal, the penalties applicable for failure to comply with applicable conditions, restrictions or prohibitions, the proceedings that may be brought before the Commission des relations du travail, and any element of procedure specific to such proceedings;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission, or to determine conditions for the issue of such a certificate by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72; 2006, c. 58, s. 49; 2005, c. 22, s. 52; 2009, c. 16, s. 7; 2011, c. 12, s. 4; 2011, c. 16, s. 88; 2011, c. 30, s. 66; 2014, c. 18, s. 6.

2011-12-02

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in what cases, subject to what terms and conditions, and for how long a licence issued under the Building Act (chapter B-1.1) is to contain a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to by the contractor;

(8.4)  (subparagraph repealed);

(8.5)  determine, after consultation with the Comité consultatif du travail et de la main-d’oeuvre established under section 12.1 of the Act respecting the Ministère du Travail (chapter M-32.2), the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(8.6)  determine the method of operation of the labour-referral service for the construction industry, as well as the conditions, restrictions and prohibitions applicable to its use by the employers or the categories of employers the Government determines, employees and holders of a labour-referral service licence;

(8.7)  provide for the issue of labour-referral service licences and, more particularly, determine categories of licences, their terms, and any conditions, restrictions or prohibitions pertaining to their issue, the activities they permit or their renewal, the penalties applicable for failure to comply with applicable conditions, restrictions or prohibitions, the proceedings that may be brought before the Commission des relations du travail, and any element of procedure specific to such proceedings;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

To give effect to any agreement between the Government and the Mohawks of Kahnawake represented by the Mohawk Council of Kahnawake on a matter within the scope of this Act and applicable to work on the Honoré-Mercier Bridge in the framework of what is known as “Contract B”, the Government may, by regulation, take all necessary measures, including specifying what legislative or regulatory provisions do not apply and providing for any other necessary modification to this Act or to its statutory instruments or to the provisions of any other Act or statutory instrument. A regulation under this paragraph is not subject to the requirements as to publication nor the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1); however, after publication and if the regulation so provides, it may apply from a date not prior to the date of coming into force of the agreement.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission, or to determine conditions for the issue of such a certificate by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act.

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72; 2006, c. 58, s. 49; 2005, c. 22, s. 52; 2009, c. 16, s. 7; 2011, c. 12, s. 4; 2011, c. 16, s. 88; 2011, c. 30, s. 66.

2011-10-01

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in what cases, subject to what terms and conditions, and for how long a licence issued under the Building Act (chapter B-1.1) is to contain a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to by the contractor;

(8.4)  (subparagraph repealed);

(8.5)  determine, after consultation with the Comité consultatif du travail et de la main-d’oeuvre established under section 12.1 of the Act respecting the Ministère du Travail (chapter M-32.2), the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

To give effect to any agreement between the Government and the Mohawks of Kahnawake represented by the Mohawk Council of Kahnawake on a matter within the scope of this Act and applicable to work on the Honoré-Mercier Bridge in the framework of what is known as “Contract B”, the Government may, by regulation, take all necessary measures, including specifying what legislative or regulatory provisions do not apply and providing for any other necessary modification to this Act or to its statutory instruments or to the provisions of any other Act or statutory instrument. A regulation under this paragraph is not subject to the requirements as to publication nor the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1); however, after publication and if the regulation so provides, it may apply from a date not prior to the date of coming into force of the agreement.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission, or to determine conditions for the issue of such a certificate by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act.

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72; 2006, c. 58, s. 49; 2005, c. 22, s. 52; 2009, c. 16, s. 7; 2011, c. 12, s. 4; 2011, c. 16, s. 88.

2011-06-13

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in what cases, subject to what terms and conditions, and for how long a licence issued under the Building Act (chapter B-1.1) is to contain a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to by the contractor;

(8.4)  (subparagraph repealed);

(8.5)  determine, after consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

To give effect to any agreement between the Government and the Mohawks of Kahnawake represented by the Mohawk Council of Kahnawake on a matter within the scope of this Act and applicable to work on the Honoré-Mercier Bridge in the framework of what is known as “Contract B”, the Government may, by regulation, take all necessary measures, including specifying what legislative or regulatory provisions do not apply and providing for any other necessary modification to this Act or to its statutory instruments or to the provisions of any other Act or statutory instrument. A regulation under this paragraph is not subject to the requirements as to publication nor the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1); however, after publication and if the regulation so provides, it may apply from a date not prior to the date of coming into force of the agreement.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission, or to determine conditions for the issue of such a certificate by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act.

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72; 2006, c. 58, s. 49; 2005, c. 22, s. 52; 2009, c. 16, s. 7; 2011, c. 12, s. 4.

2009-06-10

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in what cases, subject to what terms and conditions, and for how long a licence issued under the Building Act (chapter B-1.1) is to contain a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to by the contractor;

(8.4)  (subparagraph repealed);

(8.5)  determine, after consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission, or to determine conditions for the issue of such a certificate by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72; 2006, c. 58, s. 49; 2005, c. 22, s. 52; 2009, c. 16, s. 7.

2008-06-25

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in what cases, subject to what terms and conditions, and for how long a licence issued under the Building Act (chapter B-1.1) is to contain a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to by the contractor;

(8.4)  (subparagraph repealed);

(8.5)  determine, after consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72; 2006, c. 58, s. 49; 2005, c. 22, s. 52.

2008-04-01

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in which cases and subject to which conditions a licence issued or renewed under the Building Act (chapter B-1.1) contains a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to or renewed by the contractor;

(8.4)  (subparagraph repealed);

(8.5)  determine, after consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72; 2006, c. 58, s. 49.

2007-06-08

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in which cases and subject to which conditions a licence issued or renewed under the Building Act (chapter B-1.1) contains a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to or renewed by the contractor;

(8.4)  determine the tariff of dues, fees and other costs relating to the matters, proceedings and applications referred to, brought before or filed with the construction industry commissioner, fix the amounts thereof and determine the categories of persons that may be exempted therefrom;

(8.5)  determine, after consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of workforce mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

The provisions of the regulations made under subparagraph 8.4 of the first paragraph may vary according to the matter, proceeding or application referred to, brought before or filed with the construction industry commissioner.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18; 2007, c. 3, s. 72.

2005-12-13

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in which cases and subject to which conditions a licence issued or renewed under the Building Act (chapter B-1.1) contains a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to or renewed by the contractor;

(8.4)  determine the tariff of dues, fees and other costs relating to the matters, proceedings and applications referred to, brought before or filed with the construction industry commissioner, fix the amounts thereof and determine the categories of persons that may be exempted therefrom;

(8.5)  determine, after consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the remuneration, allowances and expenses of the arbitrators of grievances appointed by the Commission, one or more methods for determining the remuneration, allowances and expenses of the arbitrators of grievances chosen by the parties, and the situations in which the regulation does not apply. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of manpower mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

The provisions of the regulations made under subparagraph 8.4 of the first paragraph may vary according to the matter, proceeding or application referred to, brought before or filed with the construction industry commissioner.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122; 2005, c. 42, s. 18.

1998-06-20

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(8.2)  determine in which cases and subject to which conditions a licence issued or renewed under the Building Act (chapter B-1.1) contains a restriction as regards the obtention of a public contract referred to in section 65.4 of that Act;

(8.3)  determine the nature, the number and any particularity relating to offences under this Act or the regulations, committed by a contractor or, in the case of a legal person, the legal person’s directors or, in the case of a partnership, the partnership’s partners, that as regards the obtention of a public contract, entail a restriction in a licence issued to or renewed by the contractor;

In force: 1998-09-08

(8.4)  determine the tariff of dues, fees and other costs relating to the matters, proceedings and applications referred to, brought before or filed with the construction industry commissioner, fix the amounts thereof and determine the categories of persons that may be exempted therefrom;

(8.5)  determine, after consultation with the Conseil consultatif du travail et de la main-d’oeuvre, the remuneration, allowances and expenses to which the arbitrators of grievances and the arbitrators appointed under section 105 are entitled. The regulation may also determine who is to assume the payment of the remuneration, allowances and expenses and, where applicable, in which cases and in what proportion, as well as the cases where an agreement on different remuneration, allowances or expenses may be made, and the conditions governing such an agreement;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of manpower mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

The provisions of a regulation under subparagraph 8.2 or 8.3 of the first paragraph may vary according to the contractor’s volume of activity or the number of hours of work he reported to the Commission as an employer during a reference period.

In force: 1998-09-08

The provisions of the regulations made under subparagraph 8.4 of the first paragraph may vary according to the matter, proceeding or application referred to, brought before or filed with the construction industry commissioner.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52; 1997, c. 85, s. 398; 1998, c. 46, s. 122.

1996-12-23

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

The Government may also, in order to give effect to an intergovernmental agreement in respect of manpower mobility or the mutual recognition of qualifications, skills or work experience in trades and occupations in the construction industry, make regulations to exempt certain persons, on the conditions it determines, from the requirement of holding a competency certificate or an exemption issued by the Commission; such regulations may, in particular, provide for adjustments to the provisions of this Act and the regulations and special management rules. A regulation made under this paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1).

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62; 1996, c. 74, s. 52.

1995-01-01

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2 and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20; 1993, c. 61, s. 62.

1992-06-23

123. The Government may, by regulation,

(1)  establish the conditions and procedures for the issue, modification, renewal or withdrawal of a placement agency licence;

(2)  restrict the issue and renewal of placement agency licences to associations and groups of construction employees incorporated as professional syndicates, unions, brotherhoods or otherwise, and affiliated with an association;

(3)  render the placement licence mandatory for placement activities;

(4)  determine the powers that may be exercised by a government and by the Commission in matters of placement;

(5)  determine the rules of ethics and the standards of operations that must be observed by a placement agency and its personnel;

(6)  determine the form and content of the interim reports and financial statements that must be furnished to the Commission by a placement agency;

(7)  determine the fee exigible for the issue of a placement agency licence or the renewal thereof;

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(8.1)  determine, subject to the sixth paragraph of section 109.2, subsection 7 of this section and subsections 11 and 12 of section 123.1, in what cases and from whom costs, dues or fees may be exigible and fix the amount thereof;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24; 1992, c. 42, s. 20.

1987-01-01

123. The Government may, by regulation,

(1)  establish the conditions and procedures for the issue, modification, renewal or withdrawal of a placement agency licence;

(2)  restrict the issue and renewal of placement agency licences to associations and groups of construction employees incorporated as professional syndicates, unions, brotherhoods or otherwise, and affiliated with an association;

(3)  render the placement licence mandatory for placement activities;

(4)  determine the powers that may be exercised by a government and by the Commission in matters of placement;

(5)  determine the rules of ethics and the standards of operations that must be observed by a placement agency and its personnel;

(6)  determine the form and content of the interim reports and financial statements that must be furnished to the Commission by a placement agency;

(7)  determine the fee exigible for the issue of a placement agency licence or the renewal thereof;

(8)  authorize the Commission to use for its administration part of the sums collected by it for fringe benefits and part or all of the funds or interest on funds kept in trust for paid holidays, fringe benefits or for any other purpose;

(9)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this Act other than those relating to professional training.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30; 1986, c. 89, s. 24.

1977-12-31

123. The Government may make any regulation deemed necessary to give effect to the provisions of this act. It may also make any regulation authorizing the board to use for its administration part of the sums collected by it as fringe benefits, and part or the whole of the funds or interest on the funds kept in trust for vacations with pay, fringe benefits or other purposes. Such regulation or any other regulation made under this act shall come into force on the date of its publication in the Gazette officielle du Québec or on any letter date fixed therein.

1968, c. 45, s. 58; 1973, c. 28, s. 17; 1975, c. 51, s. 30.