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

Section 123.1
Disposition versions

Full text
123.1. The Commission may, by regulation,
(1)  determine the qualifications required for the practice of each trade;
(2)  determine the tasks and activities included in a trade, and in which cases and on what conditions a holder of an occupation competency certificate may perform an activity included in a trade;
(3)  make apprenticeship mandatory for the practice of a trade;
(4)  make training mandatory for the carrying on of an occupation;
(5)  determine the conditions of admission to apprenticeship and the various types of examinations, and of issue, renewal, cancellation and reinstatement of an apprentice competency certificate or apprenticeship booklet;
(6)  determine the conditions of issue and renewal of a journeyman competency certificate in respect of a trade or, as the case may be, of part of the activities of a trade;
(7)  determine the conditions of issue and renewal of occupation competency certificates;
(8)  determine the cases where a person may be required to submit to a competency evaluation examination or to undergo further vocational training, limit the practice of a trade or the carrying on of an occupation, as the case may be, while a person is undergoing vocational retraining, grant a determined period of time for undergoing required further vocational training, and determine the conditions of cancellation and reinstatement of a journeyman competency certificate and an occupation competency certificate;
(9)  provide for the cases in which it may and those in which it must grant an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet and determine, as the case may be, the criteria applicable to the granting or cancellation of such an exemption and the conditions to which the granting of such an exemption may be subject;
(10)  determine the duration of apprenticeship, the number of apprentices in relation to the number of journeymen employed by an employer or on a job site, as well as how those ratios are applied and the wage rate of an apprentice in relation to that of a journeyman;
(11)  determine the fee exigible for admission to the various types of examinations, for the issue or renewal of a journeyman competency certificate, an occupation competency certificate, an apprentice competency certificate and an apprenticeship booklet, and for the opening, analysis and processing of an employee training record or employee qualification record;
(12)  determine the fee exigible for the granting of an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(13)  establish rules for labour pool management and regional priority rules in matters of labour hiring and labour mobility management and provide exceptions to those rules and, for those purposes, divide the territory of Québec into regions and define and delimit bordering zones;
(13.1)  establish the conditions and method of operation of the Compensation Fund for Employees in the Construction Industry, including the contributions to be paid by employers according to their category, the circumstances in which compensation is payable, the compensation procedure and the rules for the administration and investment of the money making up the Fund, and prescribe the maximum compensation payable, in particular, the maximum amount that may be paid to an employee in respect of an employer and the maximum amount that may be paid to all employees in respect of an employer;
(13.2)  establish the conditions and method of operation of the Training Fund for Employees in the Construction Industry, other than the general rules for use determined under the third paragraph of section 18.2, including the contributions to be paid by employers according to their category and the rules for the administration and investment of the money making up the Fund;
(13.3)  determine the standards and a procedure for the recognition of training and of diplomas issued outside Québec to work in the construction industry;
(14)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this section and of this Act with respect to vocational training.
A regulation made under subparagraph 2 of the first paragraph must be the subject of a report to the Minister every five years. The report pertains to the advisability of revising the regulation and includes any information the Minister requires. It is accompanied, if warranted, by a draft regulation amending or replacing it.
A regulation made under subparagraph 9 of the first paragraph may, with respect to work described in subparagraph 13 of the first paragraph of section 19 done by a person not referred to in that subparagraph or work involving the use of old techniques, make the granting of exemptions conditional on an examination or recommendation of a committee established for that purpose, specify the powers and duties, composition and mode of operation of the committee and the term of office of its members, and determine the criteria to be taken into account by the committee.
The provisions of the regulations made under this section may vary according to sector, region, bordering zone and target group; they may also vary to facilitate recognition of qualifications, skills and work experience as well as the mobility and hiring of persons in order to give effect to an intergovernmental agreement to which the Gouvernement du Québec is party respecting labour mobility or the mutual recognition of qualifications, skills and work experience in trades and occupations in the construction industry.
The regulations may also prescribe different standards in respect of women and persons who are representative of the diversity of Québec society so as to favour their access to and maintenance, retention and greater representation on the labour market in the construction industry.
1986, c. 89, s. 24; 1995, c. 8, s. 43; 2001, c. 79, s. 4; 2007, c. 3, s. 72; 2009, c. 16, s. 8; 2011, c. 30, s. 67; 2024, c. 19, s. 61.
123.1. The Commission may, by regulation,
(1)  determine the qualifications required for the practice of each trade;
(2)  determine the activities included in a trade;
(3)  make apprenticeship mandatory for the practice of a trade;
(4)  make training mandatory for the carrying on of an occupation;
(5)  determine the conditions of admission to apprenticeship and the various types of examinations, and of issue, renewal, cancellation and reinstatement of an apprentice competency certificate or apprenticeship booklet;
(6)  determine the conditions of issue and renewal of a journeyman competency certificate in respect of a trade or, as the case may be, of part of the activities of a trade;
(7)  determine the conditions of issue and renewal of occupation competency certificates;
(8)  determine the cases where a person may be required to submit to a competency evaluation examination or to undergo further vocational training, limit the practice of a trade or the carrying on of an occupation, as the case may be, while a person is undergoing vocational retraining, grant a determined period of time for undergoing required further vocational training, and determine the conditions of cancellation and reinstatement of a journeyman competency certificate and an occupation competency certificate;
(9)  provide for the cases in which it may and those in which it must grant an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet and determine, as the case may be, the criteria applicable to the granting or cancellation of such an exemption and the conditions to which the granting of such an exemption may be subject;
(10)  determine the duration of apprenticeship, the number of apprentices in relation to the number of journeymen employed by an employer or on a job site, as well as how those ratios are applied and the wage rate of an apprentice in relation to that of a journeyman;
(11)  determine the fee exigible for admission to the various types of examinations, for the issue or renewal of a journeyman competency certificate, an occupation competency certificate, an apprentice competency certificate and an apprenticeship booklet, and for the opening, analysis and processing of an employee training record or employee qualification record;
(12)  determine the fee exigible for the granting of an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(13)  establish rules for labour pool management and regional priority rules in matters of labour hiring and labour mobility management and provide exceptions to those rules and, for those purposes, divide the territory of Québec into regions and define and delimit bordering zones;
(13.1)  establish the conditions and method of operation of the Compensation Fund for Employees in the Construction Industry, including the contributions to be paid by employers according to their category, the circumstances in which compensation is payable, the compensation procedure and the rules for the administration and investment of the money making up the Fund, and prescribe the maximum compensation payable, in particular, the maximum amount that may be paid to an employee in respect of an employer and the maximum amount that may be paid to all employees in respect of an employer;
(13.2)  establish the conditions and method of operation of the Training Fund for Employees in the Construction Industry, other than the general rules for use determined under the third paragraph of section 18.2, including the contributions to be paid by employers according to their category and the rules for the administration and investment of the money making up the Fund;
(14)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this section and of this Act with respect to vocational training.
A regulation made under subparagraph 2 of the first paragraph must be the subject of a report to the Minister every five years. The report pertains to the advisability of revising the regulation and includes any information the Minister requires. It is accompanied, if warranted, by a draft regulation amending or replacing it.
A regulation made under subparagraph 9 of the first paragraph may, with respect to work described in subparagraph 13 of the first paragraph of section 19 done by a person not referred to in that subparagraph or work involving the use of old techniques, make the granting of exemptions conditional on an examination or recommendation of a committee established for that purpose, specify the powers and duties, composition and mode of operation of the committee and the term of office of its members, and determine the criteria to be taken into account by the committee.
The provisions of the regulations made under this section may vary according to sector, region, bordering zone and target group; they may also vary to facilitate recognition of qualifications, skills and work experience as well as the mobility and hiring of persons in order to give effect to an intergovernmental agreement to which the Gouvernement du Québec is party respecting labour mobility or the mutual recognition of qualifications, skills and work experience in trades and occupations in the construction industry.
The regulations may also prescribe different standards in respect of women, Native persons, persons who are members of visible minorities because of their race or the colour of their skin, and immigrants so as to favour their access to and maintenance and greater representation on the labour market in the construction industry.
1986, c. 89, s. 24; 1995, c. 8, s. 43; 2001, c. 79, s. 4; 2007, c. 3, s. 72; 2009, c. 16, s. 8; 2011, c. 30, s. 67.
123.1. The Commission may, by regulation,
(1)  determine the qualifications required for the practice of each trade;
(2)  determine the activities included in a trade;
(3)  make apprenticeship mandatory for the practice of a trade;
(4)  make training mandatory for the carrying on of an occupation;
(5)  determine the conditions of admission to apprenticeship and examinations, and of issue, renewal, cancellation and reinstatement of an apprentice competency certificate or apprenticeship booklet;
(6)  determine the conditions of issue and renewal of a journeyman competency certificate in respect of a trade or, as the case may be, of part of the activities of a trade;
(7)  determine the conditions of issue and renewal of occupation competency certificates;
(8)  determine the cases where a person may be required to submit to a competency evaluation examination or to undergo further vocational training, limit the practice of a trade or the carrying on of an occupation, as the case may be, while a person is undergoing vocational retraining, grant a determined period of time for undergoing required further vocational training, and determine the conditions of cancellation and reinstatement of a journeyman competency certificate and an occupation competency certificate;
(9)  provide for the cases in which it may and those in which it must grant an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet and determine, as the case may be, the criteria applicable to the granting or cancellation of such an exemption and the conditions to which the granting of such an exemption may be subject;
(10)  determine the duration of apprenticeship, the number of apprentices in relation to the number of journeymen employed by an employer and the wage rate of an apprentice in relation to that of a journeyman;
(11)  determine the fee exigible for admission to examinations and the issue or renewal of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(12)  determine the fee exigible for the granting of an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(13)  establish regional priority rules in matters of workforce hiring and mobility and provide exceptions to those rules and, for those purposes, divide the territory of Québec into regions and define and delimit bordering zones;
(14)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this section and of this Act with respect to vocational training.
A regulation made under subparagraph 9 of the first paragraph may, with respect to work described in subparagraph 13 of the first paragraph of section 19 done by a person not referred to in that subparagraph or work involving the use of old techniques, make the granting of exemptions conditional on an examination or recommendation of a committee established for that purpose, specify the powers and duties, composition and mode of operation of the committee and the term of office of its members, and determine the criteria to be taken into account by the committee.
The provisions of the by-laws made under this section may vary according to sector, region, bordering zone and target group; they may also vary to facilitate recognition of qualifications, skills and work experience as well as the mobility and hiring of persons in order to give effect to an intergovernmental agreement to which the Gouvernement du Québec is party respecting labour mobility or the mutual recognition of qualifications, skills and work experience in trades and occupations in the construction industry.
The by-laws may also prescribe different standards in respect of women so as to favour their access to and maintenance and greater representation on the labour market in the construction industry.
1986, c. 89, s. 24; 1995, c. 8, s. 43; 2001, c. 79, s. 4; 2007, c. 3, s. 72; 2009, c. 16, s. 8.
123.1. The Commission may, by regulation,
(1)  determine the qualifications required for the practice of each trade;
(2)  determine the activities included in a trade;
(3)  make apprenticeship mandatory for the practice of a trade;
(4)  make training mandatory for the carrying on of an occupation;
(5)  determine the conditions of admission to apprenticeship and examinations, and of issue, renewal, cancellation and reinstatement of an apprentice competency certificate or apprenticeship booklet;
(6)  determine the conditions of issue and renewal of a journeyman competency certificate in respect of a trade or, as the case may be, of part of the activities of a trade;
(7)  determine the conditions of issue and renewal of occupation competency certificates;
(8)  determine the cases where a person may be required to submit to a competency evaluation examination or to undergo further vocational training, limit the practice of a trade or the carrying on of an occupation, as the case may be, while a person is undergoing vocational retraining, grant a determined period of time for undergoing required further vocational training, and determine the conditions of cancellation and reinstatement of a journeyman competency certificate and an occupation competency certificate;
(9)  provide for the cases in which it may and those in which it must grant an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet and determine, as the case may be, the criteria applicable to the granting or cancellation of such an exemption and the conditions to which the granting of such an exemption may be subject;
(10)  determine the duration of apprenticeship, the number of apprentices in relation to the number of journeymen employed by an employer and the wage rate of an apprentice in relation to that of a journeyman;
(11)  determine the fee exigible for admission to examinations and the issue or renewal of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(12)  determine the fee exigible for the granting of an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(13)  establish regional priority rules in matters of workforce hiring and mobility and provide exceptions to those rules and, for those purposes, divide the territory of Québec into regions and define and delimit bordering zones;
(14)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this section and of this Act with respect to vocational training.
A regulation made under subparagraph 9 of the first paragraph may, with respect to work described in subparagraph 13 of the first paragraph of section 19 done by a person not referred to in that subparagraph or work involving the use of old techniques, make the granting of exemptions conditional on an examination or recommendation of a committee established for that purpose, specify the powers and duties, composition and mode of operation of the committee and the term of office of its members, and determine the criteria to be taken into account by the committee.
The provisions of the by-laws made under this section may vary according to sector, region, bordering zone and target group; they may also vary to facilitate recognition of qualifications, skills and work experience as well as the mobility and hiring of persons domiciled in the territory of a state or province the government of which is, together with the Government of Québec, party to an intergovernmental agreement respecting labour mobility or the mutual recognition of qualifications, skills and work experience in trades and occupations in the construction industry.
The by-laws may also prescribe different standards in respect of women so as to favour their access to and maintenance and greater representation on the labour market in the construction industry.
1986, c. 89, s. 24; 1995, c. 8, s. 43; 2001, c. 79, s. 4; 2007, c. 3, s. 72.
123.1. The Commission may, by regulation,
(1)  determine the qualifications required for the practice of each trade;
(2)  determine the activities included in a trade;
(3)  make apprenticeship mandatory for the practice of a trade;
(4)  make training mandatory for the carrying on of an occupation;
(5)  determine the conditions of admission to apprenticeship and examinations, and of issue, renewal, cancellation and reinstatement of an apprentice competency certificate or apprenticeship booklet;
(6)  determine the conditions of issue and renewal of a journeyman competency certificate in respect of a trade or, as the case may be, of part of the activities of a trade;
(7)  determine the conditions of issue and renewal of occupation competency certificates;
(8)  determine the cases where a person may be required to submit to a competency evaluation examination or to undergo further vocational training, limit the practice of a trade or the carrying on of an occupation, as the case may be, while a person is undergoing vocational retraining, grant a determined period of time for undergoing required further vocational training, and determine the conditions of cancellation and reinstatement of a journeyman competency certificate and an occupation competency certificate;
(9)  provide for the cases in which it may and those in which it must grant an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet and determine, as the case may be, the criteria applicable to the granting or cancellation of such an exemption and the conditions to which the granting of such an exemption may be subject;
(10)  determine the duration of apprenticeship, the number of apprentices in relation to the number of journeymen employed by an employer and the wage rate of an apprentice in relation to that of a journeyman;
(11)  determine the fee exigible for admission to examinations and the issue or renewal of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(12)  determine the fee exigible for the granting of an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(13)  establish regional priority rules in matters of manpower hiring and mobility and provide exceptions to those rules and, for those purposes, divide the territory of Québec into regions and define and delimit bordering zones;
(14)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this section and of this Act with respect to vocational training.
A regulation made under subparagraph 9 of the first paragraph may, with respect to work described in subparagraph 13 of the first paragraph of section 19 done by a person not referred to in that subparagraph or work involving the use of old techniques, make the granting of exemptions conditional on an examination or recommendation of a committee established for that purpose, specify the powers and duties, composition and mode of operation of the committee and the term of office of its members, and determine the criteria to be taken into account by the committee.
The provisions of the by-laws made under this section may vary according to sector, region, bordering zone and target group; they may also vary to facilitate recognition of qualifications, skills and work experience as well as the mobility and hiring of persons domiciled in the territory of a state or province the government of which is, together with the Government of Québec, party to an intergovernmental agreement respecting labour mobility or the mutual recognition of qualifications, skills and work experience in trades and occupations in the construction industry.
The by-laws may also prescribe different standards in respect of women so as to favour their access to and maintenance and greater representation on the labour market in the construction industry.
1986, c. 89, s. 24; 1995, c. 8, s. 43; 2001, c. 79, s. 4.
123.1. The Commission may, by regulation,
(1)  determine the qualifications required for the practice of each trade;
(2)  determine the activities included in a trade;
(3)  make apprenticeship mandatory for the practice of a trade;
(4)  make training mandatory for the carrying on of an occupation;
(5)  determine the conditions of admission to apprenticeship and examinations, and of issue, renewal, cancellation and reinstatement of an apprentice competency certificate or apprenticeship booklet;
(6)  determine the conditions of issue and renewal of a journeyman competency certificate in respect of a trade or, as the case may be, of part of the activities of a trade;
(7)  determine the conditions of issue and renewal of occupation competency certificates;
(8)  determine the cases where a person may be required to submit to a competency evaluation examination or to undergo further vocational training, limit the practice of a trade or the carrying on of an occupation, as the case may be, while a person is undergoing vocational retraining, grant a determined period of time for undergoing required further vocational training, and determine the conditions of cancellation and reinstatement of a journeyman competency certificate and an occupation competency certificate;
(9)  provide for the cases in which it may and those in which it must grant an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet and determine, as the case may be, the criteria applicable to the granting or cancellation of such an exemption and the conditions to which the granting of such an exemption may be subject;
(10)  determine the duration of apprenticeship, the number of apprentices in relation to the number of journeymen employed by an employer and the wage rate of an apprentice in relation to that of a journeyman;
(11)  determine the fee exigible for admission to examinations and the issue or renewal of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(12)  determine the fee exigible for the granting of an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(13)  establish regional priority rules in matters of manpower hiring and mobility and provide exceptions to those rules and, for those purposes, divide the territory of Québec into regions and define and delimit bordering zones;
(14)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this section and of this Act with respect to vocational training.
The provisions of the by-laws made under this section may vary according to sector, region, bordering zone and target group; they may also vary to facilitate recognition of qualifications, skills and work experience as well as the mobility and hiring of persons domiciled in the territory of a state or province the government of which is, together with the Government of Québec, party to an intergovernmental agreement respecting labour mobility or the mutual recognition of qualifications, skills and work experience in trades and occupations in the construction industry.
The by-laws may also prescribe different standards in respect of women so as to favour their access to and maintenance and greater representation on the labour market in the construction industry.
1986, c. 89, s. 24; 1995, c. 8, s. 43.
123.1. The Commission may, by regulation,
(1)  determine the qualifications required for the practice of each trade;
(2)  determine the activities included in a trade;
(3)  make apprenticeship mandatory for the practice of a trade;
(4)  make training mandatory for the carrying on of an occupation;
(5)  determine the conditions of admission to apprenticeship and examinations, and of issue, renewal, cancellation and reinstatement of an apprentice competency certificate or apprenticeship booklet;
(6)  determine the conditions of issue and renewal of a journeyman competency certificate in respect of a trade or, as the case may be, of part of the activities of a trade;
(7)  determine the conditions of issue and renewal of occupation competency certificates;
(8)  determine the cases where a person may be required to submit to a competency evaluation examination or to undergo further vocational training, limit the practice of a trade or the carrying on of an occupation, as the case may be, while a person is undergoing vocational retraining, grant a determined period of time for undergoing required further vocational training, and determine the conditions of cancellation and reinstatement of a journeyman competency certificate and an occupation competency certificate;
(9)  authorize the Commission to grant an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet and determine the criteria applicable to the granting or cancellation of such an exemption and the conditions to which the granting of such an exemption may be subject;
(10)  determine the duration of apprenticeship, the number of apprentices in relation to the number of journeymen employed by an employer and the wage rate of an apprentice in relation to that of a journeyman;
(11)  determine the fee exigible for admission to examinations and the issue or renewal of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(12)  determine the fee exigible for the granting of an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;
(13)  establish regional priority rules in matters of manpower placement, hiring and mobility and provide exceptions to those rules and, for those purposes, divide the territory of Québec into regions and define and delimit bordering zones;
(14)  generally, adopt any other related or suppletive provision considered necessary to give effect to the provisions of this section and of this Act with respect to vocational training.
1986, c. 89, s. 24.
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