M-3 - Master Electricians Act

À jour au 22 octobre 1999

Ce document a valeur officielle.

chapter M-3

Master Electricians Act

INTERPRETATION

1. In this Act, the following words and expressions, unless such construction is incompatible with the context, shall be interpreted as follows:

(1)  the word “Minister” designates the Minister of Labour;

(2)  “Code” designates the electrical code applied by the Régie du bâtiment du Québec;

(3)  “the corporation” means the Corporation of Master Electricians of Québec;

(4)  “council” means the provincial council of administration of the Corporation of Master Electricians of Québec;

(5)  “member of the Corporation” means any person who is a master or electrical contractor, and is admitted to the Corporation in conformity with this Act and the regulations of the Corporation;

(6)  “electrical installations” mean:

(a)  electrical installations, the installation of electrical apparatus, in accordance with the definition which the electricity code, approved by the Régie du bâtiment du Québec, gives to each of such terms;

(b)  installations for electric lighting, electric heating and electric motive power.

Included in every instance are the wires, cables, conductors, accessories, appliances, equipment, fittings, structures of wood or steel or mountings for lines forming part of or connected with the installation itself;

(7)  “master electrician” means any person who:

(a)  does business as an electrical contractor;

(b)  advertises as such;

(c)  for another, carries out, or causes to be carried out, electrical installation work, or renovation, alteration or repair work on electrical installations;

(d)  prepares estimates, makes or submits tenders, either personally or by a person interposed, with a view to carrying out such work for profit;

(e)  prepares plans at his expense, but solely for his own use or that of the Régie du bâtiment du Québec, with a view to obtaining and carrying out such work for his benefit;

(f)  employs apprentice-electricians or journeyman electricians;

(g)  holds a licence issued under the Building Act (chapter B-1.1);

(8)  “electricity distributor” designates any person or partnership operating an undertaking for the production, sale or distribution of electric power;

(9)  “person” means any natural person, association, partnership or legal person;

(10)  “journeyman” means any person who has completed his apprenticeship, holds a certificate of qualification issued under the Act respecting manpower vocational training and qualification (chapter F-5) or a journeyman competency certificate issued under the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20), and who, as such, carries out electrical installation work or the work of renewing, altering or repairing electrical installations;

(11)  “apprentice” means any person enrolled in a manpower centre, in accordance with the Act respecting manpower vocational training and qualification or registered with the Commission de la construction du Québec, in accordance with the Act respecting labour relations, vocational training and manpower management in the construction industry, and who, as such, carries out electrical installation work or the work of renewing, repairing or altering electrical installations;

(12)  (paragraph repealed).

R. S. 1964, c. 153, s. 1; 1968, c. 43, s. 17; 1969, c. 51, s. 77; 1977, c. 5, s. 14; 1975, c. 53, s. 100; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1986, c. 89, s. 30; 1985, c. 34, s. 230; 1991, c. 74, s. 106; 1994, c. 12, s. 68; 1996, c. 29, s. 43; 1985, c. 34, s. 230; 1991, c. 74, s. 168; 1997, c. 83, s. 34; 1999, c. 40, s. 172.

2. Nothing in this Act shall authorize the Corporation to regulate or control the prices of merchandise used in electrical installations or of electrical contracts.

R. S. 1964, c. 153, s. 2; 1999, c. 40, s. 172.

INCORPORATION

3. The Corporation is hereby constituted under the name of “Corporation of Master Electricians of Québec”.

The Corporation is a legal person.

R. S. 1964, c. 153, s. 3; 1999, c. 40, s. 172.

4. The head office of the Corporation shall be in the territory of Ville de Montréal or in any other place of Québec fixed by its regulations following notice in the Gazette officielle du Québec.

R. S. 1964, c. 153, s. 4; 1996, c. 2, s. 735; 1999, c. 40, s. 172.

5. Every person who, being subject thereto, complies with Chapter IV of the Building Act (chapter B-1.1) and with this Act is entitled to be a member of the Corporation.

R. S. 1964, c. 153, s. 5; 1980, c. 2, s. 9; 1985, c. 34, s. 231; 1991, c. 74, s. 107; 1999, c. 40, s. 172.

6. The members of the Corporation shall remain members as long as they comply with this Act and the regulations of the Corporation.

R. S. 1964, c. 153, s. 6; 1999, c. 40, s. 172.

7. No member shall be bound or obliged in any way to pay any debt or claim due by the Corporation beyond the amount of his unpaid contribution or assessment.

R. S. 1964, c. 153, s. 7; 1999, c. 40, s. 172.

8. Members of the Corporation only may assume, bear or use the title or avail themselves of the name of “Master Electrician” in English or “maître électricien” in French, or place after their names the initials M. El.

R. S. 1964, c. 153, s. 8; 1999, c. 40, s. 172.

OBJECT

9. The object of the Corporation is to increase the proficiency and ability of its members so as to assure to the public greater security, to regulate their discipline and business conduct, to facilitate and promote their studies, to enable them to discuss questions of interest to them and to render to its members generally all the services they may need.

R. S. 1964, c. 153, s. 9; 1975, c. 53, s. 101; 1999, c. 40, s. 172.

POWERS OF THE CORPORATION

10. The Corporation shall possess all the powers necessary to attain its objects and more generally those which may be exercised by legal persons, and without in any manner limiting the general provisions of this section, it may:

(a)  appear before the courts;

(b)  acquire and possess any movable property;

(c)  acquire and possess immovable properties in Québec;

(d)  administer, sell, rent, exchange or assign all or part of its property or otherwise dispose of it;

(e)  undertake obligations and borrow on the credit of the Corporation; hypothecate all or part of its property.

R. S. 1964, c. 153, s. 10; 1992, c. 57, s. 610; 1999, c. 40, s. 172.

11. The Corporation or a person it designates may inquire into any question relating to this Act. For that purpose, the Corporation or the person shall be vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

R. S. 1964, c. 153, s. 11; 1977, c. 5, s. 14; 1975, c. 53, s. 132; 1979, c. 63, s. 333; 1985, c. 34, s. 233; 1999, c. 40, s. 172.

11.1. The Corporation may enter into an agreement referred to in section 129.3 of the Building Act (chapter B-1.1) under which the Corporation is entrusted by the Government with powers and functions of the Régie du bâtiment du Québec for the purpose of supervising the administration of the Building Act or seeing to its application as regards the vocational qualification of its members and the financial guarantees that may be required from them.

The Corporation shall, in such a case, exercise all the powers and functions entrusted to it and assume all the duties specified in the agreement.

1998, c. 46, s. 72; 1999, c. 13, s. 5; 199, c. 40, s. 172.

POWERS OF THE COUNCIL

12. The council of the Corporation may:

(1)  make, amend and repeal regulations respecting the administration of the Corporation and the management of its affairs in all respects, the attainment of its objects and purposes, the exercise of the rights and powers granted by this Act to the Corporation, as well as regulations respecting:

(a)  its internal management;

(b)  (subparagraph repealed);

(c)  the admission and discipline of the members of the Corporation, except with regard to their suspension or expulsion;

(d)  (subparagraph repealed);

(e)  the annual assessment and the entrance dues;

(f)  the calling, holding, quorum and procedure at meetings of the members of the Corporation, of the council and of committees of the Corporation and of sections;

(g)  the indemnities and allowances to be granted to the members of the council and officers of the Corporation;

(h)  the establishment, composition and duties of committees which shall have all the rights and powers delegated to them by the council;

(i)  the appointment, dismissal, remuneration, duties and powers of the members of the committees established by the Corporation;

(j)  (subparagraph repealed);

(k)  (subparagraph repealed);

(l)  (subparagraph repealed);

(m)  (subparagraph repealed);

(n)  (subparagraph repealed);

(o)  (subparagraph repealed);

(p)  (subparagraph repealed);

(q)  (subparagraph repealed);

(2)  divide Québec into sections for the purposes of the application of this Act, establish a section council for each section, determine by regulation the designation, territorial jurisdiction and composition of the section council, the number and mode of election of its officers, and generally its functions and duties;

(3)  act as the representative of any member of group of members, for the purpose of negotiating and signing on their behalf collective labour agreements with their employees, saving the right of each member to object with respect to whatever concerns him personally;

(4)  (paragraph repealed).

R. S. 1964, c. 153, s. 12; 1975, c. 53, s. 102; 1980, c. 2, s. 10; 1985, c. 34, s. 234; 1991, c. 74, s. 139; 1999, c. 40, s. 172.

12.1. Every person who requires, for the activities contemplated in paragraph 6 of section 1 of this Act, a licence issued under the Building Act (chapter B-1.1) must, to be admitted to the examinations contemplated in section 12.2 of this Act, satisfy the conditions of admission to the examinations determined pursuant to the Building Act.

The same applies to a natural person referred to in section 58.1 of that Act for the same activities.

1980, c. 2, s. 11; 1991, c. 74, s. 140; 1998, c. 46, s. 74.

12.2. The Corporation shall prepare, administer and hold, except with regard to persons exempted therefrom by a regulation under section 182 of the Building Act (chapter B-1.1), the examinations referred to in section 58 of that Act whose subject matter pertains to administrative and technical knowledge and is determined by regulation made by the Régie du bâtiment du Québec under paragraph 9 of section 185 of the said Act, except examinations pertaining to the construction code contemplated in section 13 of the Building Act.

The examinations must take into account the categories of licences determined pursuant to the Building Act and be prepared according to the criteria and method determined by the Régie du bâtiment du Québec.

The Corporation shall transmit to the Board the file and the results of the examinations of the persons contemplated in section 12.1, not later than the seventh day preceding the expiration of the period contemplated in section 65 of the Building Act.

1980, c. 2, s. 11; 1991, c. 74, s. 140; 1996, c. 74, s. 28; 1999, c. 40, s. 172.

13. The regulations made by the council shall be published in the Gazette officielle du Québec, with a notice that upon the expiration of thirty days following such publication, they will be submitted to the Government for approval. They shall come into force after similar publication of a notice of such approval.

R. S. 1964, c. 153, s. 13; 1965 (1st sess.), c. 53, s. 1.

14. The business of the Corporation shall be administered by a council of administration called “The Provincial Council of Administration” composed of officers and of a certain number of members of the Corporation, as shall from time to time be determined by regulation of the council; the functions and duties, qualities and qualifications of such officers and members, as well as the date and manner of their election or designation and their replacement, shall be determined by the regulations of the council.

R. S. 1964, c. 153, s. 15; 1985, c. 34, s. 236; 1991, c. 74, s. 141; 1999, c. 40, s. 172.

14.1. (Repealed).

1985, c. 34, s. 237; 1991, c. 74, s. 142.

14.2. (Repealed).

1985, c. 34, s. 237; 1991, c. 74, s. 142.

14.3. (Repealed).

1985, c. 34, s. 237; 1991, c. 74, s. 142.

14.4. (Repealed).

1985, c. 34, s. 237; 1991, c. 74, s. 142.

15. All questions submitted to meetings of the Corporation or to meetings of the council shall be decided by a majority of the votes cast, except when otherwise prescribed by this Act, each member of the Corporation or of the council being entitled to one vote. In the case of a tie, the chairman of the meeting or of the council shall have a casting vote.

R. S. 1964, c. 153, s. 16; 1999, c. 40, s. 172.

16. (Repealed).

R. S. 1964, c. 153, s. 17; 1975, c. 53, s. 103.

17. (Repealed).

R. S. 1964, c. 153, s. 18; 1975, c. 53, s. 104.

EXECUTIVE COMMITTEE

1985, c. 34, s. 238.

17.1. An executive committee shall see to the day to day management of the business of the Corporation and may exercise any power the council may delegate to it, except the powers the latter is required to exercise by regulation.

1985, c. 34, s. 238; 1999, c. 40, s. 172.

17.2. The executive committee shall be composed of members elected by the general meeting of the Corporation.

1985, c. 34, s. 238; 1991, c. 74, s. 143; 1999, c. 40, s. 172.

17.3. Any vacancy among the members of the executive committee shall be filled according to the procedure prescribed by by-law of the Corporation.

1985, c. 34, s. 238; 1991, c. 74, s. 144; 1999, c. 40, s. 172.

17.4. A member of the executive committee is deemed to have resigned his position if he fails to attend three consecutive meetings without an excuse considered valid by the committee; he shall be replaced as if his position had fallen vacant.

1985, c. 34, s. 238.

17.5. (Repealed).

1985, c. 34, s. 238; 1991, c. 74, s. 145.

EXCLUSIVE PRACTICE AND DEROGATORY ACTS

1985, c. 34, s. 238.

18. This Act shall not affect the rights and privileges conferred on the Ordre des ingénieurs du Québec and its members, under the Engineers Act (chapter I-9).

R. S. 1964, c. 153, s. 19; 1977, c. 5, s. 229; 1994, c. 40, s. 457.

19. Nothing in this Act shall affect the rights and prerogatives of the members of the Ordre professionnel des technologues professionnels du Québec and shall prevent work carried out by a technician in applied sciences in virtue of the training which he is given in the institutes of technology governed by the Specialized Schools Act (chapter E-10) or in the colleges established pursuant to the General and Vocational Colleges Act (chapter C-29).

R. S. 1964, c. 153, s. 20; 1980, c. 12, s. 10; 1993, c. 38, s. 7; 1994, c. 40, s. 457.

20. The following acts are declared, but not limitatively, to be derogatory to the honour of the trade, the Corporation being authorized to make similar definitions by regulation:

(1)  Being found guilty by a court of competent jurisdiction of violations and infractions of the provisions of the Act respecting electrical installations (chapter I-13.01) and of the regulations made thereunder;

(2)  Wilfully defrauding a customer in the performance of any work or of a contract.

R. S. 1964, c. 153, s. 21; 1975, c. 53, s. 132; 1999, c. 40, s. 172.

INQUIRY

1985, c. 34, s. 240; 1991, c. 74, s. 146.

20.1. (Repealed).

1980, c. 2, s. 12; 1985, c. 34, s. 241; 1991, c. 74, s. 147.

20.2. (Repealed).

1985, c. 34, s. 241; 1991, c. 74, s. 147.

20.3. (Repealed).

1985, c. 34, s. 241; 1991, c. 74, s. 147.

20.4. (Repealed).

1985, c. 34, s. 241; 1991, c. 74, s. 147.

20.5. (Repealed).

1985, c. 34, s. 241; 1991, c. 74, s. 147.

20.6. (Repealed).

1985, c. 34, s. 241; 1988, c. 21, s. 66; 1991, c. 74, s. 147.

20.7. (Repealed).

1985, c. 34, s. 241; 1991, c. 74, s. 147.

20.8. The Minister may entrust a person designated by him to inquire into any matter related to the administration or to the activities of the Corporation or to the conduct of members of the council. Every person designated to so inquire has the powers and immunities of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1985, c. 34, s. 241; 1991, c. 74, s. 148; 1999, c. 40, s. 172.

20.9. The Minister may, if he finds that the report of the person inquiring so warrants, order that the powers of the council and of the executive committee be suspended and appoint an administrator who shall exercise those powers for such time as the Minister may determine.

The Minister may extend the period as he finds necessary.

1985, c. 34, s. 241; 1991, c. 74, s. 148.

20.10. (Replaced).

1985, c. 34, s. 241; 1991, c. 74, s. 148.

20.11. (Replaced).

1985, c. 34, s. 241; 1991, c. 74, s. 148.

PENAL PROVISIONS

1985, c. 34, s. 241; 1992, c. 61, s. 383.

21. Whoever is not a member in good standing of the Corporation is liable to a fine of between $500 and $1,000 in the case of an individual and to a fine of between $1,000 and $2,000 in the case of a Corporation if:

(1)  he carries on business in Québec as a master electrician;

(2)  he gives the impression or allows it to be presumed or wrongly believed that he is entitled to carry on the trade of a master electrician or if he wrongfully assumes the style of master electrician or electrical contractor.

R. S. 1964, c. 153, s. 22; 1985, c. 34, s. 241; 1990, c. 4, s. 556; 1999, c. 40, s. 172.

21.1. (Repealed).

1985, c. 34, s. 241; 1990, c. 4, s. 556; 1991, c. 74, s. 149.

21.2. (Repealed).

1985, c. 34, s. 241; 1990, c. 4, s. 557.

21.3. (Repealed).

1985, c. 34, s. 241; 1992, c. 61, s. 384.

21.4. (Repealed).

1985, c. 34, s. 241; 1992, c. 61, s. 384.

21.5. (Repealed).

1985, c. 34, s. 241; 1992, c. 61, s. 384.

21.6. (Repealed).

1985, c. 34, s. 241; 1992, c. 61, s. 384.

22. The Corporation may, on resolution of the council and in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings for an offence under a provision of this Act.

R. S. 1964, c. 153, s. 23; 1965 (1st sess.), c. 17, s. 2; 1985, c. 34, s. 241; 1990, c. 4, s. 558; 1992, c. 61, s. 385; 1999, c. 40, s. 172.

22.1. The fines belong to the Corporation where it has taken charge of the penal proceedings.

In the last case, the Corporation shall, each year, make a report of the convictions to the Attorney General.

1985, c. 34, s. 241; 1992, c. 61, s. 386; 1999, c. 40, s. 172.

23. Penal proceedings for an offence under a provision of this Act shall be prescribed by one year from the date on which the prosecutor became aware of the commission of the offence. However, no proceedings may be instituted where more than five years have elapsed from the commission of the offence.

R. S. 1964, c. 153, s. 24; 1985, c. 34, s. 241; 1992, c. 61, s. 387.

BID DEPOSITORY

24. The council may make an agreement with any builders’ association or a fiduciary for the establishment of a bid depository for tenders submitted respecting certain categories of work in a given territory.

After such an agreement comes into force, no member may, without being guilty of an act derogatory to the honour of the trade and liable to the disciplinary penalties provided by the regulations, subject to any civil recourse which may arise from such offences:

(a)  tender in any manner for the carrying out of work included in the categories defined by any agreement, otherwise than in the manner which it prescribes;

(b)  contract for the carrying out of such work otherwise than at the price and upon the conditions of his tender submitted in accordance with such agreement;

(c)  grant any reduction on the price of his tender or pay any commission, rebate, participation or other advantage having the effect of reducing the true price;

(d)  endeavour to obtain information respecting a tender before it is opened.

R. S. 1964, c. 153, s. 25.

25. The council may include in the agreement any provision to:

(a)  determine the field of application of the agreement;

(b)  establish one or more bid depositories;

(c)  regulate the internal management and administration of bid depositories;

(d)  establish committees and authorize them to manage bid depositories and to ensure the application of the agreement, or assign to them any other duty in connection with tenders;

(e)  regulate all matters relating to such committees, such as the number and appointment of members, their replacement, the salary or indemnity that they shall receive, the right of committees to engage employees, experts and advisers, their internal management and the management of bid depositories generally;

(f)  fix the assessment payable by the tenderer whose tender has been accepted and the cost of the exhibits, documents or services furnished by the bid depository;

(g)  regulate everything relating to the money arising from the carrying out of the agreement, such as the collection, safekeeping, deposit, use during the term of the agreement, and the division of the money at the end of the agreement, as well as the reserves necessary for the proper functioning of the bid depository;

(h)  insure itself against the risks arising from the operation of the bid depository;

(i)  decide, when the plans and specifications have been changed, the conditions and formalities of new tenders;

(j)  regulate the clauses and formalities of tenders and the procedure to be followed in such matters;

(k)  determine the duties of the depositary of tenders, his rights and obligations and the amount of his remuneration;

(l)  make within the scope of the powers granted to the Corporation, any decision to further the achievement of the purposes of the agreement.

R. S. 1964, c. 153, s. 26; 1999, c. 40, s. 172.

26. The parties to the agreement may authorize the bid depository to furnish, on such conditions as they have decided, the same services to persons exercising another calling or carrying on another trade.

R. S. 1964, c. 153, s. 27.

27. For the purposes of section 26, the Corporation may make agreements with groups, associations or companies.

R. S. 1964, c. 153, s. 28; 1999, c. 40, s. 172.

28. Every person who has obtained, contrary to the provisions of the agreement, a contract to carry out work falling within any category mentioned in the agreement, is liable to a penalty equal to 5% of the contract price.

The penalty may be recovered upon proceedings instituted in accordance with section 29, provided there is no other sanction and there are no other proceedings. It may be recovered by the Corporation following a resolution of the council.

R. S. 1964, c. 153, s. 29; 1990, c. 4, s. 559; 1999, c. 40, s. 172.

29. Proceedings instituted under section 28 shall be within the competence of the Court of Québec or of the Superior Court, according to the amount of the penalty.

The procedure prescribed by the Code of Civil Procedure (chapter C-25) for suits which must be heard and decided by preference shall apply.

The action shall be taken in the judicial district where the contract was obtained, or in the district where the bid depository is located, or in that in which the defendant is domiciled.

It may be commenced within two years after the day when the cause of action arose.

In all cases an appeal shall lie to the Court of Appeal.

R. S. 1964, c. 153, s. 30; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2; 1988, c. 21, s. 66; 1990, c. 4, s. 560.

30. A copy of each agreement shall be forwarded forthwith to the Government through the Minister.

R. S. 1964, c. 153, s. 31.

EXCEPTIONS

31. This Act shall not apply:

(a)  to mines or to ore processing plants governed by the Mining Act (chapter M-13.1);

(b)  to telephone or telegraph companies in the exercise of their functions as such; to electricity distributors and to railway companies using electrical traction; or to wiring in railway rolling stock;

(c)  to aviation and marine work done on the machines themselves;

(d)  to any stationary engineer holding a first or second class diploma, for the performance of improvement or repair work on motors and dynamos in the establishment where he is regularly employed;

(e)  to work in electrical stations or their branches used for generating, transforming or distributing electric power, either by a public utility or by a municipality or by an electricity cooperative, when the work is done by their employees under the control of their officers;

(f)  to owner-builders within the meaning of the Building Act (chapter B-1.1).

R. S. 1964, c. 153, s. 32 (part); 1975, c. 53, s. 105; 1975, c. 53, s. 132; 1986, c. 21, s. 16; 1987, c. 64, s. 344; 1985, c. 34, s. 242; 1999, c. 40, s. 172.

31.1. (Repealed).

1985, c. 34, s. 243; 1991, c. 74, s. 150.

32. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 153 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except paragraph g of section 32, effective from the coming into force of chapter M-3 of the Revised Statutes.

Sections 1 and 20 of this Act will be amended upon the coming into force of paragraphs 1 and 2 of section 230 and of section 239 of chapter 34 of the statutes of 1985 on the date or dates fixed by order of the Government.

Section 1 of this Act will be amended upon the coming into force of paragraph 1 of section 106 of chapter 74 of the statutes of 1991 on the date fixed by order of the Government.

Section 12.2 of this Act will be amended upon the coming into force of section 75 of chapter 46 of the statutes of 1998 on the date fixed by order of the Government.

Any provisions referred to in this Act as “not in force” will come into force on the date or dates fixed by order of the Government (1998, c. 46, s. 138).