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

Section 26 Disposition versions

2024-03-27

26. (1)  A person convicted, in Canada or elsewhere, of common assault, sexual assault, mischief, assault causing bodily harm, theft, intimidation, intimidation of justice system participants, an offence against freedom of association, criminal harassment, uttering threats, uttering threats and retaliating, drawing a document without authority, offering or accepting secret commissions, trafficking in substances under the Controlled Drugs and Substances Act (S.C. 1996, c. 19), importation, exportation or production under that Act, conspiracy to commit any of those acts or a criminal offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46) or, if related to the activities the person carries out in the construction industry, an offence against a fiscal law or a criminal offence other than those listed in subsection 2, may not hold a management or representation position in or for an association listed or described in any of subparagraphs a to c.2 of the first paragraph of section 1 or an association of employees affiliated with a representative association, or be elected or appointed as job-site steward, or be a member of the board of directors of the Commission or of a committee established under this Act.

Except where the person convicted is granted a pardon or a record suspension under the Criminal Records Act (R.S.C, 1985, c. C-47), the disqualification provided for above shall subsist for five years after the term of imprisonment fixed by the sentence; in the case of a sentence to a fine only or in the case of a suspended sentence, the disqualification shall subsist for five years from the date of the conviction.

(2)  Except where the person convicted is granted a pardon or a record suspension under the Criminal Records Act, a person convicted, in Canada or elsewhere, of murder, attempted murder, manslaughter, robbery, extortion, arson, breaking and entering, fraud, kidnapping, aggravated assault or aggravated sexual assault, or of conspiracy to commit any of those acts, may not hold a management or representation position in or for an association listed or described in any of subparagraphs a to c.2 of the first paragraph of section 1 or an association of employees affiliated with a representative association, or be elected or appointed as job-site steward, or be a member of the board of directors of the Commission or of a committee established under this Act.

(3)  (Subsection repealed).

1975, c. 50, s. 1; 1990, c. 4, s. 777; 2011, c. 18, s. 55; 2011, c. 30, s. 17; 2024, c. 4, s. 32.

2011-12-02

26. (1)  A person convicted, in Canada or elsewhere, of common assault, mischief, assault causing bodily harm, theft, intimidation, intimidation of justice system participants, an offence against freedom of association, criminal harassment, uttering threats, uttering threats and retaliating, drawing a document without authority, offering or accepting secret commissions, trafficking in substances under the Controlled Drugs and Substances Act (S.C. 1996, c. 19), importation, exportation or production under that Act, conspiracy to commit any of those acts or a criminal offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46) or, if related to the activities the person carries out in the construction industry, an offence against a fiscal law or a criminal offence other than those listed in subsection 2, may not hold a management or representation position in or for an association listed or described in any of subparagraphs a to c.2 of the first paragraph of section 1 or an association of employees affiliated with a representative association, or be elected or appointed as job-site steward, or be a member of the board of directors of the Commission or of a committee established under this Act.

Except where the person convicted is granted a pardon under the Criminal Records Act (R.S.C, 1985, c. C-47), the disqualification provided for above shall subsist for five years after the term of imprisonment fixed by the sentence; in the case of a sentence to a fine only or in the case of a suspended sentence, the disqualification shall subsist for five years from the date of the conviction.

(2)  A person convicted, in Canada or elsewhere, of murder, attempted murder, manslaughter, robbery, extortion, arson, breaking and entering, fraud, kidnapping or aggravated assault, or of conspiracy to commit any of those acts, may not hold a management or representation position in or for an association listed or described in any of subparagraphs a to c.2 of the first paragraph of section 1 or an association of employees affiliated with a representative association, or be elected or appointed as job-site steward, or be a member of the board of directors of the Commission or of a committee established under this Act.

(3)  (Subsection repealed).

1975, c. 50, s. 1; 1990, c. 4, s. 777; 2011, c. 18, s. 55; 2011, c. 30, s. 17.

2011-06-13

26. (1)  Any person convicted, in Canada or elsewhere, of common assault, mischief, assault that causes bodily harm, theft, intimidation, trafficking in drugs, conspiracy to commit any of those acts, an indictable offence provided for in sections 467.11 to 467.13 of the Criminal Code (R.S.C, 1985, c. C-46) or, if it is related to the activities the person carries on in the construction industry, an offence under a fiscal law or an indictable offence other than the acts listed in subsection 2 cannot hold a management post in an association of employees nor be elected or appointed as job-site steward, business agent or union representative of such an association nor hold any of such functions.

Except where the person convicted is granted a pardon under the Criminal Records Act (R.S.C, 1985, c. C-47), the disqualification provided for above shall subsist for five years after the term of imprisonment fixed by the sentence; in the case of a sentence to a fine only or in the case of a suspended sentence, the disqualification shall subsist for five years from the date of the conviction.

(2)  Any person convicted, in Canada or elsewhere, of murder, attempted murder, manslaughter, robbery, extortion, arson, breaking and entering, fraudulent misuse of funds, kidnapping, intentionally causing bodily harm with intent to wound, maim or disfigure a person or endanger the life of any person or of conspiracy to commit any of such acts cannot hold a management post in an association of employees nor be elected or appointed job-site steward, business agent or union representative of such an association nor hold any of such functions unless such person has been granted a pardon under the Criminal Records Act.

(3)  This section applies even with respect to convictions pronounced against a person contemplated in the preceding subsections prior to 9 May 1975.

1975, c. 50, s. 1; 1990, c. 4, s. 777; 2011, c. 18, s. 55.

1990-10-01

26. (1)  Any person convicted, in Canada or elsewhere, of common assault, mischief, assault that causes bodily harm, theft, intimidation, trafficking in drugs or conspiracy to commit any of such acts cannot hold a management post in an association of employees nor be elected or appointed as job-site steward, business agent or union representative of such an association nor hold any of such functions.

Except where the person convicted is granted a pardon under the Criminal Records Act (Revised Statutes of Canada, 1985, chapter C-47), the disqualification provided for above shall subsist for five years after the term of imprisonment fixed by the sentence; in the case of a sentence to a fine only or in the case of a suspended sentence, the disqualification shall subsist for five years from the date of the conviction.

(2)  Any person convicted, in Canada or elsewhere, of murder, attempted murder, manslaughter, robbery, extortion, arson, breaking and entering, fraudulent misuse of funds, kidnapping, intentionally causing bodily harm with intent to wound, maim or disfigure a person or endanger the life of any person or of conspiracy to commit any of such acts cannot hold a management post in an association of employees nor be elected or appointed job-site steward, business agent or union representative of such an association nor hold any of such functions unless such person has been granted a pardon under the Criminal Records Act.

(3)  This section applies even with respect to convictions pronounced against a person contemplated in the preceding subsections prior to 9 May 1975.

1975, c. 50, s. 1; 1990, c. 4, s. 777.

1988-12-12

26. (1)  Any person found guilty, in Canada or elsewhere, of common assault, mischief, assault that causes bodily harm, theft, intimidation, trafficking in drugs or conspiracy to commit any of such acts cannot hold a management post in an association of employees nor be elected or appointed as job-site steward, business agent or union representative of such an association nor hold any of such functions.

Except where the person found guilty is granted a pardon under the Criminal Records Act (Revised Statutes of Canada, 1985, chapter C-47), the disqualification provided for above shall subsist for five years after the term of imprisonment fixed by the sentence; in the case of a sentence to a fine only or in the case of a suspended sentence, the disqualification shall subsist for five years from the date of the conviction.

(2)  Any person found guilty, in Canada or elsewhere, of murder, attempted murder, manslaughter, robbery, extortion, arson, breaking and entering, fraudulent misuse of funds, kidnapping, intentionally causing bodily harm with intent to wound, maim or disfigure a person or endanger the life of any person or of conspiracy to commit any of such acts cannot hold a management post in an association of employees nor be elected or appointed job-site steward, business agent or union representative of such an association nor hold any of such functions unless such person has been granted a pardon under the Criminal Records Act.

(3)  This section applies even with respect to convictions pronounced against a person contemplated in the preceding subsections prior to 9 May 1975.

1975, c. 50, s. 1.

1977-12-31

26. (1)  Any person found guilty, in Canada or elsewhere, of common assault, mischief, assault that causes bodily harm, theft, intimidation, trafficking in drugs or conspiracy to commit any of such acts cannot hold a management post in an association of employees nor be elected or appointed as job-site steward, business agent or union representative of such an association nor hold any of such functions.

Except where the person found guilty is granted a pardon under the Criminal Records Act (Statutes of Canada), the disqualification provided for above shall subsist for five years after the term of imprisonment fixed by the sentence; in the case of a sentence to a fine only or in the case of a suspended sentence, the disqualification shall subsist for five years from the date of the conviction.

(2)  Any person found guilty, in Canada or elsewhere, of murder, attempted murder, manslaughter, robbery, extortion, arson, breaking and entering, fraudulent misuse of funds, kidnapping, intentionally causing bodily harm with intent to wound, maim or disfigure a person or endanger the life of any person or of conspiracy to commit any of such acts cannot hold a management post in an association of employees nor be elected or appointed job-site steward, business agent or union representative of such an association nor hold any of such functions unless such person has been granted a pardon under the Criminal Records Act (Statutes of Canada).

(3)  This section applies even with respect to convictions pronounced against a person contemplated in the preceding subsections prior to 9 May 1975.

1975, c. 50, s. 1.